Terms and Conditions

 

EXTERNAL POLICIES
GENERAL POLICIES
The following External Policies (this “Agreement”) governs the provision of all services by K-9 Coach, LLC (“K-9 Coach”, “Us” or “We”). By submitting our form or Services Confirmation, or by purchasing our services, you indicate your agreement with all the terms contained herein. All customers who enroll in membership with the Club at K-9 Coach are additionally and further subject to K‑9 Coach’s Membership Agreement.

1.     General Rules.

–    All dogs MUST be on a leash when entering or leaving the building.

–    Any dogs left in our care for two weeks following their scheduled departure date, without prior consent and without contact from owner of record, will be considered abandoned and treated as such.

–    You may request K-9 Coach release your dog to someone other than the person(s) listed in the owner file and you release K-9 Coach of all responsibility for releasing your dog to said person authorized by yourself. Requests MUST be received in writing via your client account, email or facsimile.

2.     Payment. K-9 Coach reserves the right, without notice, to adjust fees. Please see our website or inquire at the front desk as to our current fees. K-9 Coach accepts credit card, check or cash payments. Returned checks will incur a $50 fee.

3.     Indemnification. You agree to release, indemnity and hold K-9 Coach harmless from any and all manner of damages, claims, losses, liabilities, costs or expenses, causes of action or suits, whatsoever in law or equity (including, without limitation, attorney’s fees and related costs) arising out of or related to the services provided by K-9 Coach, except which may arise from the sole gross negligence or intentional and willful misconduct of K-9 Coach, including, without limitation: (i) any inaccuracy in any statement made by yourself or information provided by you to by K-9 Coach (ii) your dog, including but not limited to destruction of property, dog bites and transmission of disease, and (iii) any action by yourself which is in breach of the terms and conditions of this Agreement.

4.     Disclaimer of Warranties. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO ANY SERVICES OR BENEFITS PROVIDED BY US. WE MAKE NO WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF OUR SERVICES OR BENEFITS, INCLUDING ANY DOG TRAINING RESULTS. WE MAKE NO WARRANTY AS TO THE ACCURACY OF ANY INFORMATION CONTAINED ON OUR WEBSITE. YOU SHOULD INDEPENDENTLY VERIFY ALL RELEVANT INFORMATION PRIOR TO MAKING ANY DECISIONS BASED ON SUCH INFORMATION.

5.     Limitation of Liability. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR THIRD-PARTY DAMAGES OR CLAIMS (INCLUDING LOST PROFITS OR FAILURE TO PASS ANY EXAMINATION) REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER SUCH DAMAGES AROSE FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE; AND (C) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO US PURSUANT TO THIS AGREEMENT.

IN NO EVENT SHALL WE BE LIABILE TO YOU OR ANY OTHER THIRD PARTIES FOR ANY PROPERTY DAMAGE OR INJURY TO ANY OTHER DOG, ANIMAL, TRAINER, OR OTHER PERSONS CAUSED BY YOUR DOG OR PET DURING OR AFTER THE TERM OF THIS AGREEMENT. YOU AGREE THAT YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ALL LOSSESS AND DAMAGES SUFFERED OR INCURRED (BY US OR BY ANY THIRD PARTY) WHICH RESULT FROM SUCH INCIDENTS OR CLAIMS, INCLUDING DAMAGE TO OUR LODGINGS, DENS, FACILITIES, OR OTHER PROPERTY. YOU AGREE NOT TO HOLD US LIABILE FOR ANY LOSS OR DAMAGE TO YOU OR YOUR PET RESULTING FROM, ARISING OUT OF OR RELATED TO DISEASE, RUNNING AWAY BY YOUR PET, THEFT, FIRE, INJURY TO PERSONS, INJURY TO OTHER PETS, DAMAGE TO PROPERTY BY YOUR PET, OR OTHER UNAVOIDABLE CAUSES.

6.     Modification to External Policies. We may, at any time, and at our sole discretion, modify our External Policies. The most current version of these External Policies will be available on our website. You agree that the provision of services by Us is governed by the External Policies effective at the time of access to or use of our services. If We make material changes to the External Policies, We will notify you by updating the External Policies on our Website or updating the External Policies on any software utilized by Us (i.e. the My K-9 Coach portal) prior to the effective date of the changes. You should revisit the External Policies and the website on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new External Policies on our website or on any software programs utilized by Us. You understand and agree that your continued access to or use of our services after the effective date of modifications to the External Policies indicates your acceptance of the modifications.

7.     Governing Law; Arbitration. Georgia law applies to this Agreement without regard to any choice-of-law rules that might direct the application of the laws of any other jurisdiction. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Smyrna, Georgia. Georgia law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

8.     This Agreement covers the current relationship between K-9 Coach and yourself. Each time you bring your dog to K-9 Coach, you affirm the terms of the Agreement and the truthfulness and accuracy of all statements in this Agreement.

INJURY, ILLNESS & VACCINATIONS
1.     Injury & Illness. If a dog becomes injured or seriously ill, the owner shall be notified as soon as possible. If the owner does not inform K-9 Coach immediately regarding measures to be taken, or if the state of the dog’s health reasonably demands quick action, K-9 Coach representatives shall have the right to call a veterinarian of our choice or take the dog to said veterinarian in either case, or administer medicine or give other advisable attention, within our discretion and judgment and, in case of death, to order an autopsy. If above occur after normal veterinarian hours, use of an Emergency Veterinarian may be justified.

2.     Fleas and Ticks. If a dog is found to have fleas and / or ticks it will be bathed & treated at the owner’s expense.

3.     Temperament Evaluation. We require all dogs coming into K-9 Coach to have been in their owner’s possession for a minimum of 30 days AND to pass a temperament evaluation.

4.     Proof of Vaccinations. You must present proof of required vaccinations in order to participate in ANY service. For puppy classes (pups under 21 weeks of age), pups must be 10 days past their first DHPP vaccination. We require the following vaccinations: Bordetella (every 6 months) when administered via intranasal or oral; Bordetella (annually) when administered via injection; Distemper; Hepatitis; Parainfluenza; Parvovirus; Rabies; Canine Influenza – H3N2. Distemper, Hepatitis, Parainfluenza and Parvo are often given as a combination vaccine – DAP, DHLP, DHLPP, DHLLPC, etc.

5.     Medical Authorization. You authorize K-9 Coach to obtain medical and vaccination records for your dog from your veterinarian and you hereby authorize your veterinarian to provide these records to K-9 Coach.

6.     Vaccinations. If you have to leave town suddenly and do not have updated vaccines, we can take your dog for their vaccinations. You will be responsible to the cost of the vaccinations and a transportation fee of $15.

7.     Certification. You certify that:

a.     Your dog(s) are in good health and has not been ill with any communicable conditions within the past 30 days. You further certify that your dog/s has not been exposed to Rabies, Distemper, Hepatitis, Leptospirosis, Parainfluenza, Parvovirus, or Bordetella (kennel cough) within a 30-day period prior to enrollment. I further certify that my dog/s has not harmed or demonstrated aggressive or threatening behavior toward any human being and/or another animal (except as noted in their pet files).

b.     You are solely responsible for the payment of all medical bills for your dog and you release K-9 Coach, its officers, directors, agents and employees of and from any and all responsibility for, or claims, damages, debts, arising out of or related to such medical care, including but not limited to, transportation to/from the veterinarian clinic and choice of veterinarian or animal hospital.

TRAINING POLICIES
CLASSES

1.     Enrollment. Once your completed class registration and payment are received, you will be provided with a confirmation receipt. Full payment is required to reserve a space in class.

2.     Health. Any dog that shows signs of illness will be removed. Please do not bring your dog to class if they are vomiting, have diarrhea, are sneezy or coughing.

3.     Cancellation. If the minimum enrollment for a class is not met 2 days prior to the first class session, the class may be rescheduled. You will be contacted via telephone or e-mail to see if you would like to enroll in the rescheduled class or receive a refund or credit toward a future service.

4.     Refunds. Because registration is limited and spots fill, we do not issue refunds for class withdrawals. If a dog is unable to complete class due to injury or illness during enrollment, you will receive a 50% discount toward a future class. However, no refunds or discounts will be given after the third class session.

5.     Special Note. For the protection of all participants in group classes, K-9 Coach reserves the right to decline entry to any dog who presents behavior issues deemed dangerous or disruptive to the class. If we determine that a dog is not able to participate in the group class, you will be referred to a private consultation with an appropriately qualified trainer and given a credit toward that service. This rule applies to illness, aggression, fear or other behavior related issues.

6.     Attendance. Attendance is important. If you miss a session, please contact the trainer to discuss topics / homework. Because classes progress based on the students in them, drop-in/make-up classes are not possible. Students not pre-enrolled, or those wishing to join after the first session, may be able to join at the trainer’s discretion, if there is space available. Please be prompt. Late arrivals cause disruption as well as the flow of class. Students arriving more than 15 minutes late will not be allowed to enter class.

7.     Children in Class. All family members are encouraged to attend group classes. To ensure the safety of everyone in class, children must be 7 years old or older. Children under 12 MUST have an adult supervisor, other than the active class participant, present. This adult’s role will be to supervise the child and ensure their safety.

–    Children must be under parental control at all times.

–    No running or yelling will be permitted.

–    Not all dogs are comfortable with children and children should not approach or pet dogs in class.

–    We reserve the right to ask that any child be removed from the classroom at any time.

8.     Dogs in Class.

–    For your pet’s safety, please bring your pet to class on leash and refrain from greeting other dogs.

–    A flat collar, martingale collar, head halter, or harness is required.

–    A non-retractable nylon or leather six-foot leash is required. No Flexi-Leads!

–    Please “empty-out” your dog before class and pick-up after your pet while on K-9 Coach property.

–    Please bring plenty of your pup’s favorite treats to class.

PRIVATE LESSONS

1.     Cancellation. Private lessons require an appointment. Appointments may be changed or cancelled with a minimum of 24-hour notice. We understand that emergencies arise and we try to be accommodating in these situations. However, if a private lesson is changed or cancelled with less than a 24-hour notice, K-9 Coach will charge for that appointment.

2.     Service Area. Our standard service area is within a 12 mile radius of our 4870 South Atlanta Rd. location. For private lessons outside of that area, we charge .56 per mile.

LEARN FOR LIFE

1.     Reservations. Learn for Life space is limited and is on a first-come, first-serve basis. However, a 50% deposit is required to secure space for Learn for Life. Reservations are not finalized until the dates have been confirmed and the deposit received.

2.     Cancellation. Learn for Life cancellations are the same as the general boarding cancellation policy.

3.     Participation.  Participation in the Learn for Life program DOES NOT eliminate the need for you to work with your dog. For training to last long-term, you must be present at the go-home lesson, follow-up lesson(s) must be scheduled and completed and the use of class benefits are highly recommended.

LODGING & PLAYCARE
Lodging and playcare services are offered exclusively to members of The Club at K-9 Coach. Although we offer reasonable care, the unpredictable personality of dogs can sometimes lead to injury. By signing our Agreement or by purchasing any services or benefits from K-9 Coach, you acknowledge that group play has inherent risks and hold without liability K-9 Coach or its representatives for such risk including injury or loss while in the care of K-9 Coach.

Initial Temperament Evaluation. All dogs boarding or attending playcare are required to have an initial evaluation for temperament, pack behavior etc. We reserve the right to reevaluate a dog when necessary. A dog may not be allowed to participate in group play or lodging services if it aggresses toward a staff person or another dog. A dog who causes an injury requiring medical attention will not be allowed to return.

Dogs Over 10 Years Old. All dogs over 10 years old must have written consent from their veterinarian that they are physically able to participate in group play activities.

GENERAL

1.     Boarding Charge. A boarding charge applies when a dog stays in our facility OVERNIGHT.

2.     Pick-up Times.

–    Dogs picked up after 2:00 PM will be charged for daycare for that day. Please refer any questions to our front desk personnel or examine a rate card in our store.

–    Your dog must be picked up by closing time. We allow a 10-minute grace period but charge an additional $15.00 for pick-up up after this time-frame. If you are not here by 20 minutes after closing, we will make the necessary arrangements for your dog to stay overnight any you will be charged for boarding for that night. NOTE – If your dog is left at K-9 Coach during a time when all permanent dens are occupied, he/she may be boarded in a crate and you will incur an additional $35 cleaning and service fee per night of unscheduled lodging.

3.     Changes to Boarding/Daycare. We reserve the right to immediately change your dog’s type of boarding/daycare if we believe it is necessary to protect the health and well-being of your dog, other dogs, or a staff member.

4.     Toys, Blankets, Bedding. We cannot guarantee that toys, blankets or bedding will be kept in the same condition as brought in and, thus, ask that you not bring them. For safety reasons, balls and rawhides are NOT allowed.

RESERVATIONS & CANCELLATIONS

1.     Deposit. A 50% deposit is required to secure all lodging reservations, including Learn for Life, and the remaining balance is due at pick up.

2.     Cancellation. In the event of a cancellation, deposit will be applied as a credit to the account for future services. Services cancelled with less than 24-hour notice forfeit deposit and a credit will not be applied.

HOLIDAYS

For boarding on major holidays (Easter, Memorial Day, July 4, Labor Day, Thanksgiving, Christmas & New Year’s) customers are required to have boarded at least once in the previous 12 months. Staff are present at K-9 Coach caring for your pups 365 days a year. However, K-9 Coach is currently closed to the public on major holidays as noted above.

FOOD & MEDICATIONS

1.     Portions. We ask that you divide your dog’s daily food portion into separate Zip- lock bags. This is done to ensure that your pup gets the exact amount of food you desire and helps to ensure overall facility cleanliness.

2.     House Food. There is a $5 per day charge when feeding your dog with “house” food (House food is Lamb & Rice). NOTE: We recommend that you bring in your own food since changing a dog’s food can cause a severe upset stomach.

3.     Medications. DO NOT include medications, vitamins, etc. in food. When this is done, it makes it impossible for us to say with 100% certainty that your dog ingested their meds / supplements. No dog may board with medications exceeding 4 distinct medications. Frequency may not exceed every 12 hours, or twice a day. Dogs requiring more medication than this should be boarded at their veterinarian’s office. ONLY the amount of medications required for your pets stay with us will be allowed. Medications should be in a secure container such as a daily pill box or similar.

MEMBERSHIP AGREEMENT
The following is the Membership Agreement (the “Membership Agreement”) between K-9 Coach, LLC (“K-9 Coach”, “We” and “Us“) and the enrolled members of The Club at K-9 Coach membership program (the “Club”). This Membership Agreement governs your access to the Club and your use of any Member Benefits (defined below) offered by Us. By enrolling in the Club, you agree to be bound by this Membership Agreement in addition to the separate External Policies available online at https://www.k-9coach.com/agreements  and attached hereto (the “External Policies”). YOUR ENROLLMENT SHALL BE EFFECTIVE UPON YOUR SIGNATURE BELOW OR UPON YOUR FIRST PAYMENT FOR MEMBER BENEFITS OR UNDER YOUR MEMBERSHIP PLAN (DEFINED BELOW) AND SHALL CONSTITUTE YOUR AGREEMENT TO THE TERMS AND CONDITIONS CONTAINED HEREIN.
The Membership Agreement, External Policies, and Services Confirmation, in addition to any membership materials and information provided by Us on our website, (hereinafter, collectively the “Agreement”) comprise the entire agreement between you and Us, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. The External Policies and Services Confirmation are hereby incorporated by reference as if fully stated herein.
IF YOU HAVE ANY QUESTIONS, CALL US AT 404-603-9744 OR VISIT THE WEBSITE AT K- 9COACH.COM.
1.     Membership Benefits. As a Member, you are entitled to receive unlimited access to all services and benefits (the “Membership Benefits”) included in your selected membership plan (your “Membership Plan”) indicated on the Services Confirmation or otherwise designated by orally, in writing or through your use of any software utilized by Us (including the My K-9 Coach portal). Please see the External Policies and your membership materials and website for details and limitations.
2.     Obligations of Member. Member agrees to abide by the Agreement. Membership may be revoked by Us at any time for failure to abide by the Agreement. Member agrees to timely notify Us of any changes in personal information including mailing address, telephone number and credit/debit card information. Failure on the part of the Member to provide us with updated, current credit/debit card information may result in termination of the Member’s membership. You agree to provide such materials or information as We may request to provide the Member Benefits in a timely manner and ensure that such materials or information are complete and accurate in all material respects.
3.     Our Obligation. We agree to make the Membership Benefits available to you during the dates of your membership in accordance with the terms of your Membership Plan and during our posted hours of operation. If there are changes to the Membership Plan, benefit levels or pricing, we will notify you via the contact information we have on file and such changes will be effective upon the expiration of thirty (30) days from the date notice is provided. Except as otherwise set forth in our privacy policy on our website, We agree to hold all information about you, including personal information such as address information, telephone numbers, credit card details, etc., in strict confidence and to never share it with any 3rd party whatsoever.
4.     Use of Membership. Your membership is non-transferable. You agree that membership is limited to use by you and up to two dogs living in your home. Benefits are not for resale. You will promptly notify us if you become aware of any unauthorized use of your membership. You may not assign this Agreement or your access to or use of the Club or Membership Benefits without our consent.
5.     Membership Term. Your membership is effective for: (a) under the annual payment plan, a period of twelve (12) months following the membership enrollment date, (b) under the monthly payment plan, a period of one (1) month following the membership enrollment date and will continue on a month-to- month basis until you cancel your membership as described below.
6.     Payment of Membership Fee.
(a)   In exchange for the Membership Benefits, you agree to pay a monthly membership fee, in accordance with the Services Confirmation. You will be charged at the beginning of each month.
(b)   Except as otherwise set forth in Section 10 below, all membership fees are non-refundable and no refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active membership.
(c)   Members are financially responsible for all membership fees and related service fees. We, on our own or through our designee, reserve the right to collect any and all delinquent dues or fees owed by a member, including interest. If a member becomes delinquent in payment of his/her dues or fees, We, on our own or through our designee, reserve the right to refer such member to a collection agency and Member shall be required to pay all reasonable collection costs and/or attorney’s fees associated with the collection of such unpaid dues or fees.
(d)   You agree to provide Us with a valid credit card to keep on file for payment of the applicable membership fees. The payment of your membership fee is made automatically by a direct charge(s) to the payment source authorized by you (“Payment Source“), in accordance with the Membership Plan to which you agreed. In the event that your Payment Source cannot process the membership fee due to insufficient available credit or funds, we may, at our discretion, divide the total membership fee into incremental charges in order to process the total membership fee. For credit card information specifically, our client system uses state of the art tokenization to protect customers’ card information. A token is a reference to the actual card data of customers, but it contains no specific card information itself. The token is an encrypted message sent to our Level I PCI-compliant gateway that houses your data. The token reads the real card information and sends back a message that the credit card on file is correct and can be processed. We store no actual credit card information and no actual card information is passed back and forth. So, if for any reason someone was able to gain access to your account, there is nothing of value for them to access.
(e)   All prices for Membership Plans or for any Membership Benefits are subject to change upon notice. Such notice may be provided by an e-mail message to you, or in the form of an announcement on our website.
(f)    Members must be current on their membership fees in order to receive Membership Benefits. We reserve the right to suspend provision of and access to all Membership Benefits in the event of your non-payment of membership fees.
7.     Continuation or Renewal of Membership. Unless you notify us that you wish to terminate this Agreement and cancel your Membership Plan in accordance with Section 10 below, your Membership Plan will continue or renew automatically, and you will be charged the membership fee, which will appear on your Payment Source statement, depending upon how you enrolled. For Annual Membership Plans: We reserve the right to increase or decrease the membership fee for each renewal membership term, or add new fees and charges, from time to time, effective upon annual renewal of your Membership Plan. For Monthly Membership Plans: We reserve the right to increase or decrease the membership fee, or add new fees and charges, from time to time. You agree that, unless you cancel your membership prior to the effective date of the membership fee increase, you will be charged the new applicable periodic membership fee on each anniversary date after the effective date of such change, and you authorize us to charge the new applicable periodic membership fee to your Payment Source. You are solely responsible for any and all fees charged to your Payment Source by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.
8.     Notice of Price and Membership Fee Change. We will send you, in advance, written notice of all changes to your membership fee that vary from the amount you previously authorized. There will be a minimum of 30 days’ notice for all changes. Should you not wish to pay this amount, please call or email us to cancel your membership.
9.     Changes to Terms and Conditions. We may, at any time, and at our sole discretion, modify the Agreement, including our online privacy policy, from time to time. The most current version of this Membership Agreement will be available on our website. You agree that your access to and use of the Club and the Membership Benefits is governed by the Membership Agreement, Services Confirmation and External Policies effective at the time of access to or use of the Club or Membership Benefits. If We make material changes to this Agreement, We will notify you by email or by posting a notice on our website or through any software utilized by Us (i.e. the My K-9 Coach portal) prior to the effective date of the changes. Member should revisit the Membership Agreement and External Policies and the website on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of a new Membership Agreement and/or External Policies on our website or on any software programs utilized by Us. You understand and agree that your continued access to or use of the Club or Membership Benefits after the effective date of modifications to the Membership Agreement, External Policies, and/or Services Confirmation indicates your acceptance of the modifications.
10.  Termination of Membership. YOU MAY TERMINATE THIS AGREEMENT AND YOUR MEMBERSHIP AT ANY TIME BY CALLING US OR BY NOTIFYING US IN WRITING AT, 4870 South Atlanta Rd. SE, Smyrna, GA 30080. YOUR CANCELLATION WILL BE EFFECTIVE 30 DAYS FROM THE DATE THE REQUEST IS RECEIVED AND PROCESSED. UPON CANCELLATION, DEPENDING UPON THE TERMS YOU AGREED TO:
(a)   UNDER THE ANNUAL PAYMENT PLAN, YOU WILL RECEIVE A PRO-RATED REFUND OF THE PAID MEMBERSHIP FEE FOR THE THEN- CURRENT YEAR; or
(b)   UNDER THE MONTHLY PAYMENT PLAN, YOU WILL NOT OWE ANY FURTHER MEMBERSHIP FEES AND WILL NOT BE ENTITLED TO A REFUND OF PAST FEES CHARGED TO YOUR ACCOUNT.
In the event that you contact us within the first 30 days of your membership and advise us that you were unable to access the Membership Benefits due to lack of availability/space at our facility and we confirm, in our sole discretion, that, in fact, you did not access the Membership Benefits, we will issue you a refund and cancel your membership immediately. Depending upon the Membership Plan and terms you agreed to, any enrollment, processing and/or trial period fees may not be refundable. Any other fees or charges incurred in connection with the program or your membership (including bank or overdraft charges) are your responsibility.
WE WILL TERMINATE YOUR MEMBERSHIP IF IT IS NOT USED IN ACCORDANCE WITH THIS AGREEMENT. In such cases, we reserve the right to: (1) not refund membership fees paid by you; (2) not to fulfill any pending reservations. We reserve the right to terminate your membership at any time for any other reason provided that we make any refund due to you based upon the terms of your enrollment and/or Membership Plan.
11.  Indemnification. You indemnify, hold harmless and defend Us and our officers, directors, agents (including sub-agents), employees and affiliates (the “Indemnified Parties”) from and against any and all claims, demands, actions, costs, expenses, liabilities, judgments, causes of action, proceedings, suits, fines, losses and damages of any nature, which are threatened or brought against, or are suffered or incurred by, the Indemnified Parties as a result of: (i) your access to or use of the Club or Membership Benefits, or our website or any software utilized by us, including the My K-9 Coach portal; (ii) any breach by you or your affiliates, agents, or representatives (including your spouse, children or other relatives) of any of the obligations contained in the Agreement; (iii) your negligent acts or omissions (or your spouse, children, relatives, affiliates, agents, or representatives); (iv) any property damage, bodily injury or death caused by your dog or pet, including but not limited to injury or bites to other dogs, animals, trainers, or other persons; (v) incorrect, false, or  misleading information provided by you regarding your dog or pet or (vi) any violation of applicable federal, state, or local laws or regulations.
12.  Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Smyrna, Georgia. Georgia law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
13.  Miscellaneous. This Agreement constitutes the sole agreement of the parties with respect to its subject matter.  It supersedes any prior written or oral agreements or communications between the parties. Except as otherwise set forth above, this Agreement may not be modified except in a writing signed by the parties. This Agreement binds and inures to the benefit of the parties and their respective heirs, personal representatives, successors and K-9 Coach, LLC’s assignees. We may freely assign this Agreement.  You may not assign this Agreement or any rights or obligations under this Agreement without our prior written consent. Unless the context requires otherwise, the term “including” means “including but not limited to.” If any part of this Agreement is for any reason held to be unenforceable, the rest of it remains fully enforceable and shall remain in full force and effect.  All notices and other communications required or permitted under this Agreement must be in writing and must be sent to the party at that party’s address set forth below and or at whatever other address the Party specifies in writing:  To K-9 Coach, LLC:  4870 S Atlanta Road SE, Atlanta, GA 30339; and to you, as set forth in the Services Confirmation below or otherwise provided by you orally, in writing or through any software utilized by Us (i.e. the My K-9 Coach portal). All notices are deemed delivered on the date postmarked by the U.S. Postal Service or on the date of personal receipt, whichever occurs sooner.  Georgia law applies to this Agreement without regard to any choice-of-law rules that might direct the application of the laws of any other jurisdiction.  All disputes arising out of or in connection with this Agreement will be brought in accordance with Section 12.  By enrolling in a membership or Membership Plan, you agree that you have read this Agreement and that you knowingly and voluntarily agree to be bound by the terms contained herein.

 

ACCEPTANCE & ACKNOWLEDGMENT: K-9 Coach, LLC’s (“K-9 Coach”) acceptance of this order for services is expressly limited to, and expressly made conditional on the undersigned customer’s acceptance of these terms, K-9 Coach’s External Policies (available online at https://www.k-9coach.com/agreements), and, in the event customer is enrolling in membership with the Club at K-9 Coach (the “Club”), then K-9 Coach’s Membership Agreement (available online at https://www.k-9coach.com/agreements). K-9 Coach objects to any different or additional terms. K-9 Coach’s External Policies and Membership Agreement (if customer is enrolling in the Club) are hereby incorporated in this Services Confirmation by reference with the same force and effect as if set forth herein. To the extent that Customer attempts to impose any additional terms and conditions on K-9 Coach that contradict K-9 Coach’s terms, K-9 Coach’s terms shall apply. By signing below or by purchasing services from K-9 Coach, the undersigned customer acknowledges that it has reviewed copies of the foregoing documents and agrees to the terms and conditions set forth therein.