Last revised 5/13/2021

Happy Hound University, LLC

 

TERMS OF SERVICE FOR GROUP CLASSES

 

When purchasing a spot in a group class, you will be asked whether you have read and agree to the following terms of service. Please make sure you carefully read all of these terms of service before checking the appropriate box during the registration process. If you have any questions first, or would like to receive a PDF copy of these terms, please email mary@happyhounduniversity.com.

 

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In consideration for utilizing the dog training services of Happy Hound University, LLC ("Happy Hound University"), you agree to all of the following terms of service for group classes in relation to the dog you identified during the registration process (the "Dog"). By accepting these terms during the registration process, you agree that you are knowingly and voluntarily entering into a valid agreement with Happy Hound University, and you intend and agree to be bound by all of these terms.

NON-REFUNDABLE FEES

The fees for group classes are described on Happy Hound University's website here for puppy classes, and here for other classes. Payment is due in advance at the time of registration. Fees are subject to change without notice at any time prior to purchase. All purchases are non-refundable and non-transferable.

MISSED CLASS

Each class is scheduled to run only at the dates and times listed during the registration process. You understand and acknowledge that there are no make-up classes and no refunds for a missed class. You will still receive all after-class email summaries even if you missed a class.

CLASS LOCATION

You understand and acknowledge that, unless otherwise specified, each class will be held at St. Martin's Episcopal Church located at 1095 E. Thacker St., Des Plaines, Illinois (the "Premises"), and may be held indoors or outdoors on the Premises as determined by Happy Hound University, in its sole discretion. You understand and acknowledge that you are responsible for watering, feeding, toileting and picking up after the Dog at all times while on or near the Premises or any other location the class is held.

CLIENT'S REPRESENTATIONS

You represent and affirm that:

- You are at least 18 years old and competent to agree to be bound by the terms of this agreement.

- You are the lawful owner of the Dog, or a custodian otherwise responsible for the Dog's care.

- The Dog is under the care of a licensed veterinarian and has had a wellness exam within the last 12 months.

- The Dog is up-to-date on rabies vaccinations as required by law.

- The Dog is up-to-date on DHPP vaccinations.

- The Dog is in good health and in a physical condition acceptable to you for the purposes of participating in the training exercises being taught.

- All of the information you provided to Happy Hound University during the intake and registration process, and all other written and oral information provided to Happy Hound University concerning you, the Dog and your household, is true, complete and correct in all respects.

EQUIPMENT & TECHNIQUES

You understand and acknowledge that Happy Hound University is dedicated to dog-friendly training principles that focus on positive reinforcement and strengthening the human-dog relationship, and will not use or condone training techniques or equipment that rely on force, fear, pain or intimidation. You agree not to use any such training techniques or equipment during any group class with Happy Hound University, including, but not limited to, hitting, striking, pinning, kicking, leash-jerking, spraying, choke collars, prong or pinch collars, shock or "e"collars, anti-bark collars, and citronella collars.

You understand, acknowledge and agree that Happy Hound University may terminate your participation in any group class if it determines, in its sole discretion, that you or anyone accompanying you in class (including minor children) is not in compliance with the foregoing.

DANGEROUS SITUATIONS

You understand, acknowledge and agree that Happy Hound University may terminate your participation in any group class if it determines, in its sole discretion, that the Dog is dangerous or poses a risk of injury to any person or animal.

DISRUPTIVE CONDUCT

You understand, acknowledge and agree that Happy Hound University may terminate your participation in any group class if it determines, in its sole discretion, that your behavior or the behavior of anyone accompanying you in class (including minor children) creates a disruption or

hinders the enjoyment of the group class by other participants. You understand, acknowledge and agree that Happy Hound University may terminate your participation in any group class if it determines, in its sole discretion, that you or anyone accompanying you in class (including minor children) is not in compliance with the foregoing.

COVID-19 POLICIES

In consideration for utilizing Happy Hound University's in-person dog training services, you understand and agree to comply with Happy Hound University's policies for operating during the COVID-19 pandemic described hereYou understand, acknowledge and agree that Happy Hound University may terminate your participation in any group class if it determines, in its sole discretion, that you or anyone accompanying you in class (including minor children) is not in compliance with any of these COVID-19 policies.

NO GUARANTEE OF RESULTS

You understand and acknowledge that training is an ongoing commitment for the entire course of the Dog's life, and that active involvement and commitment by you and all members of your household is critical to the success of the Dog's training. Happy Hound University will make

every reasonable effort to help you achieve your training goals for the Dog. You understand and agree, however, that Happy Hound University makes no guarantee, promise or representation, express or implied, about the Dog's performance or that your desired results will be achieved.

You agree that all fees paid to Happy Hound University are fully-earned and non-refundable, and are in no respects contingent on your level of satisfaction with the results.

PHOTO & VIDEO RELEASE

In consideration for utilizing Happy Hound University's dog training services, you grant Happy Hound University permission to record, film, photograph or otherwise capture in any media your likeness and images of your Dog during any group class, and to edit, publish, distribute and make use of such recordings or photographs for any lawful purpose, including, for example, website content, social media, printed materials, marketing and advertising. You agree that you will make no monetary or other claim against Happy Hound University for the use of your likeness and images of the Dog in such recordings and/or photographs.

LIABILITY WAIVER & RELEASE

Assumption of Risk. You recognize that there are inherent risks associated with dogs, dog training and the group class environment that may result in injury or damage to you, another person, the Dog, another animal or property. Examples may include, but are not limited to, bites,

punctures, scratches, musculoskeletal injuries, parasite infection, ripping of clothing, soiling, vomiting, diarrhea, ingestion of non-food items and others. Due to the unpredictable nature of animals, you understand that these risks are attendant to dog training and cannot be eliminated.

You understand that Happy Hound University cannot protect you, your dog, or any other person or animal, against the risk of potential bodily injury, death or property damage while utilizing Happy Hound University's dog training services or participating in related activities. You

acknowledge that these services are of such value to you that you voluntarily and knowingly accept and assume the entire risk associated with utilizing Happy Hound University's dog training services and participating in a group class.

Waiver of Liability. In consideration for utilizing Happy Hound University's dog training services and participating in a group class on the Premises, you, on behalf of yourself, your heirs, spouse, next of kin, executors, personal representatives, successors and assigns, irrevocably and unconditionally release, waive and forever discharge Happy Hound University and all its members, representatives and agents (collectively, the "Trainer Parties"), and the owner of the Premises and all its members, representatives, employees, directors, officers and agents

(collectively, the "Premises Parties"), from any and all claims, actions, causes of action, suits, demands, damages, losses, obligations, settlements, judgments, fees, costs (including attorney’s fees and costs), and liabilities of any nature, arising out of or related to the Dog, the services provided by Happy Hound University, or any activities on or the condition of the Premises, including any resulting from the negligent acts or omissions by the Trainer Parties or the Premises Parties.

Indemnification. You further agree to hold harmless, indemnify and defend the Trainer Parties and the Premises Parties from any and all claims, actions, causes of action, suits, demands, damages, losses, obligations, settlements, judgments, fees, costs (including attorney’s fees and costs), and liabilities of any nature, arising out of or related to the Dog, the services provided by Happy Hound University, or any activities on or the condition of the Premises, including claims made by you, members of your family, any other person living in your home, your guests, any person accompanying you in class, or any third party.

MISCELLANEOUS

Section headings are for reference purposes only and will not affect the meaning or interpretation of this agreement. References to "the Dog" or "your dog" in the singular also include the plural where the dog training services being rendered are in relation to more than one dog.

If any provision in this agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.

This agreement is governed by the laws of the State of Illinois. You agree that the exclusive jurisdiction and venue for any litigation, action or proceeding arising from or relating to this agreement will be in the state courts located in Cook County, Illinois. You expressly waive any

right to contest personal jurisdiction, venue or inconvenient forum for any reason whatsoever.