ACCEPTANCE OF TERMS
Wagging Tails Dog Training and Chinchilla Boarding Kennels agree to provide services to you subject to the following Terms of Service & Conditions within this agreement. This is a contract that is between the owner who owns the pet and us, the proprietors of Wagging Tails Dog Training and Chinchilla Boarding Kennels. In addition, when using our services, you will also be bound by any guidelines or rules applicable to all our services on offer. At times without notice we may also offer other services that are governed by different Terms of Service which are not stated here. By reading and signing our form you acknowledge and accept that by using our services you agree by the terms of this Agreement. You understand that you are entering into a legal binding contract between yourself/vies and Wagging Tails Dog Training and Chinchilla Boarding Kennels and by signing you relinquish all rights and therefore the animal will be used as security in favour of the Operator which shall continue to exist while monies are owing to the Operator relating to this agreement.
DESCRIPTION OF SERVICE
Subject to the terms of this Agreement, we agree to provide dog training services/boarding kennels through the following (where available):
(a) Puppy Training Courses;
(b) Dog Training Courses;
(c) Private Training; and
(d) Boarding Kennels – Long & Short stay
(e) Doggy Daycare
(f) Home Care
(g) Other services we may offer to you from time to time including but not limited to bathing, grooming and taking to the vet.
YOUR REGISTRATION OBLIGATIONS
The information you provide to us about yourself and your dog is correct, true, accurate, current and complete as prompted by the registration form in its written form. You agree that you will promptly advise us of any changes to the information you provide to us. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is misleading, then we reserve the right to cancel, suspend or terminate your registration and refuse any and all current or future Service we have on offer. We have the right to contact the authorities if we feel that any criminal or offence has occurred without any Indemnity, liability or penalty incurred from such actions.
By signing our registration form, you are stating that you have disclosed to us any and all behavioural issues relating to your dog, in particular, any dangerous temperament/behaviour your dog may have to both animal and human, and you expressly agree to advise us promptly should this circumstance become untrue or inaccurate. You indemnify us for any loss we suffer as a result of your failure to make the relevant disclosure to us either by failure to disclose such information which may be relevant to the well being of both us and your pet/s. You indemnify us and hold us blameless for any loss or harm suffered by you or your dog as a result of us acting in accordance with our rights under this section.
You warrant to us:
(a) you are the lawful owner of the pet/s in question;
(b) your pet/s has been vaccinated (C5), wormed 1 week prior to arrival and flea treatment has been administered (including bedding and any toys you bring with you);
(c) Should you require us to attend your premises to provide our services, you guarantee:
(i) The property is safe and secure for both your pet and us while and during our confinement;
(ii) you have adequate home, contents and public liability insurance to cover you and us for any damage, loss or injury caused whatsoever in the provision of services provided by us other than by reason of our negligent acts or omissions;
(d) You expressly authorize us to seek any veterinarian assistance for your pet, at your costs, should we in our sole discretion deem necessary.
(e) If you request us not to call a vet in the case of an emergency needed for your pet, a written, signed and dated letter must accompany your booking form and be on file, where it is clearly stated that in the case of an emergency a vet is NOT to be called. (Owner understands that should your pet die you will not hold us, our or I any liability or negligence.
(g) you have not, nor have you given permission or used your pet/s to hunt live animals or used for any criminal intent with said animals. (Should we, Wagging Tails Dog Training and Chinchilla Boarding Kennels discover that you have breached any of the above, your contract with us will be terminated henceforth. You will be required to remove your dog/s immediately, pay compensation to any and all parties, pay all legal fees, veterinary costs both in the immediate and ongoing occurrence due to the involvement of your dog/s.
PAYMENT OF FEES & REFUNDS
You acknowledge and accept that your registration for the Service will not be deemed final until full payment of the amount specified is received by us on or before the date of arrival. Payment of the full fees can be made to us by cash, direct credit, Paypal Visa or Mastercard. Payment of fees is broken up by 50% deposit at the time of booking for boarding (peak time) and the balance of 50% paid on arrival. No Refund will be given of deposit once the booking has been confirmed. A deposit for Off Peak is required at time of booking. This usually consists of $50.00 or 1-day boarding/dog if staying for more than 2 days.
Dog Training – If you need to pay instalments, each lesson must be paid before the class commences. (This option is only available if prior arrangements have been discussed before the commencement of services. This option is up to the discretion of the Trainer/Owner of Wagging Tails Dog Train.
Should you elect to terminate your registration after the commencement of the Service, all monies are forfeited and no refund will be forthcoming. Please remember that we have set your place up and made a commitment to you and we consider this very our commitment to you. All services are not transferable to a new owner.
CONSENT TO USE OF DIGITAL AND ELECTRONIC MATERIAL
You acknowledge and accept that during the use of the Service, we may take photographs and/or make audio or other media recordings in which you and your dog may appear. You consent to us (and any person authorized by us) to copy or reproduce such material (whether by photo, film or other digital, electronic or printed media) as we may in our sole discretion determine, for the purpose of marketing and promoting the Service we offer without acknowledgement or compensation to you and without entitlement by you to any remuneration now or in the future. You understand and agree that you have no further rights to the material, including moral rights and copyright and that all material becomes the sole property of Wagging Tails Dog Training and Chinchilla Boarding Kennels. In exchange, we agree not to use the material in a manner that may be deemed adverse or defamatory to you, your family or your pet. We further agree that your personal details including your name, address, phone numbers, will not be used in the featured material without your express consent given. Should you wish to not be used in any marketing or promotional media, please advise us asap.
You acknowledge and accept that by registering for our Services you agree to be bound by Our Rules both for Wagging Tails Dog Training and Chinchilla Boarding Kennels. If you are unsure of any rules please ask to view a copy of our policies. (a copy of policies will be given to you to read of request only)
You agree that whilst using the Service you will not::
(a) act in a way that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) allow your dog to harm us or our clients in any way; and
(c) unreasonably interfere with or disrupt the Service or disobey any of our reasonable requirements, procedures, policies or regulations.
We reserve the right (but not the obligation), at our sole discretion to refuse, or remove any person (including you) or dog/s from a Service that violates this Agreement or is otherwise objectionable to our rules and policies which have been put into place in mind with Workplace, Health and Safety. If after reading you agree with our policies and you have evaluated them keeping in mind both yourself and your dog/s situations, you feel that our services are not for you please let us know. Your knowledge and bear all risks associated with, the use of our Service, including any reliance on the accuracy, completeness, or usefulness of the Service. You acknowledge and understand that in assessing whether our services are for you and your dog (some services may not be for all dogs), we fully understand if you wish to terminate our service.
You acknowledge, consent and agree that we may disclose your personal and other information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce this Agreement;
(c) respond to claims made by you or another;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of our officers, agents, employees and clients.
Without written or at the very least a phone call to state that consent is given – NO dog/s will exchange hands or be removed from our property without the sole permission of the owner. Proof of Identification of person to pick up must be shown and the name of the person to collect given at the time of arrival. All dog/s from the time of arrival remain the property of Wagging Tails Dog Training and Chinchilla Boarding Kennels until such time as the said owner collects. We reserve the right to refuse anyone who claims they are here to collect said dog without being first contacted by the owners.
Subject to any applicable law, you agree to indemnify us and hold us and our families, friends, clients, property and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service, your violation of this Agreement, or your violation of any rights of another.
You hereby indemnify and agree to reimburse us for any services rendered including, food, worming, grooming, travelling, veterinary costs and medical expenses incurred:
(a) on your behalf;
(b) on behalf of your pet; or
(c) as a result of injury or damage caused to us or a third party by your pet.
DISCONTINUANCE OR MODIFICATION TO SERVICES
We reserve the right to change our rules and policies according to Govt rules and regulations at any time and/or to modify or discontinue any of the Services we have on offer without prior notice. We will, however, take all reasonable steps to provide such notice to you if this occurs.
Should we discontinue or unable to provide a Service, we agree to promptly provide you with a full refund of any monies paid by you to us. You acknowledge and accept that any refund granted by us under this clause is limited to monies paid by you only and doesn’t extend to any third party employed by you as a result of our service being discontinued.
You agree that we may, under certain circumstances and without prior notice give immediate termination of your registration for a Service you have requested. This action is not taken lightly and all efforts are taken before this action is implemented.
Reasons for terminating of Service, but not be limited to:
(a) breaches or violations of this Agreement or other rules and policies or guidelines set out by us, Government or Local Council;
(b) requests by law enforcement or other government agencies;
(c) a written request by you;
(d) discontinuance of a service or a change of type
(e) unexpected issues or problems;
(f) failure to pay all or any outstanding fees owed by you which is directly connected to the service given by us.
(g) non-payment of any outstanding fees will result in our service not being available to you in the future.
(h) your dog/s are found have a contagious virus, not vaccinated, being in the vicinity or area where Parvo has been found.
Subject to the terms of this Agreement set out above, you agree that all terminations with a due cause will be made at our sole discretion and that we will not be liable to you or any third party expenses which may incur due to said termination of services.
DISCLAIMER OF WARRANTIES
You expressly acknowledge and accept that:
(a) Your use of the Service is at your sole risk. The Service is provided on an “as is” “where is” and “as available” basis. (Feel free to ask around about our service)
(b) We make no warranty that Services will meet your expectations or requirements.
(c) No advice or information, whether oral or written, obtained by you from us or through any of the Services we provide will create any warranty not stated in this Agreement.
LIMITATION OF LIABILITY
Subject to applicable law, you expressly acknowledge and accept that we will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or inability to use the services we provide. Any cost procured by the owner due to our services being not available will be the sole responsibility of the owner and no reimbursement will be given by us.
Should you require us to provide you with “home care” services for your pet, we expressly disclaim any responsibility for your pet or property where a third party (e.g. your friend, family or contractor, thief or stranger) enters your property when we are not there. We acknowledge that all due care will be taken while we are undertaking the care of your pets at home, however, animals are unpredictable accidents can happen. Therefore it is your responsibility as the owner to guarantee that your fences and gates are secure and that your pets cannot escape.
In person: 391 Horswoods Road, Chances Plains Qld 4413
Post: PO Box 727, Chinchilla Qld 4413
Ph: 07 4669 1136 / Mobile: 0429 098 686
This Agreement constitutes the entire agreement between you and us and governs the use and provision of the Services we provide and cancels any prior agreements between you and us with respect to the Services. All our services, including this agreement above, are governed by both State and Local laws in Queensland and are subject to change according to when State or Local laws change.
It is our obligation by law to follow the regulations and policies set out by the Queensland Government and Western Downs Regional Council.