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Indemnity & Release Agreement • Jackie of All Trades (Barkedclub)


Effective upon payment for any services by Jackie of All Trades (Barkedclub)

By making payment for any services provided by Jackie of All Trades (Barkedclub), you confirm that you have read, understood, and agree to the following terms.

Contents

1. Assumption of Risk

I understand that dog training and behaviour modification involve physical activity and interaction with dogs, which carries inherent risks of injury to myself, my dog(s), and others. I accept all risks and agree that Jackie of All Trades (Barkedclub) and its trainer(s) will not be held responsible for any injury, loss, or damage that may occur during, or as a result of, training sessions, both on-site and off-site.

2. Release of Liability

I release and hold harmless Jackie of All Trades (Barkedclub), its owner(s), employee(s), and contractor(s) from all claims, demands, damages, or legal actions arising from my participation or my dog’s participation in training, except in cases of proven gross negligence or intentional misconduct by the trainer.

3. Client Responsibilities

  • I am responsible for the behaviour and safety of my dog(s) at all times during training sessions.
  • I agree to follow all training instructions provided by the trainer to ensure the safety of people and animals involved.
  • I understand that failure to follow instructions may increase risks and impact training outcomes.

4. Photography & Video

  • I consent to Jackie of All Trades (Barkedclub) taking photos and/or videos during training sessions for educational, marketing, or promotional use online or offline.
  • I understand that my likeness or my dog’s likeness may appear in these materials.
  • I agree not to distribute, post, or share any photos or videos of the trainer without prior written consent.

5. Intellectual Property

  • All training plans, materials, videos, and resources provided by Jackie of All Trades (Barkedclub) are the intellectual property of the trainer.
  • These materials are for personal use only and may not be published, distributed, reproduced, or monetised without prior written consent.

6. Session Timing & Treats

  • Any delay by the client (invoice payee) will not result in replacement time. The session will proceed within the booked timeframe.
  • Treats are the responsibility of the client. The trainer is not obligated to provide treats.
  • If the trainer provides treats, the client must disclose dietary restrictions or allergies. The trainer will only use her own treats with the client’s consent.
  • If a session does not go as planned due to lack of recommended treats, the session will not be postponed or replaced.

7. Cancellation & Rescheduling Policy

  • Any cancellation or rescheduling must be informed at least 24 hours in advance (or 48 hours for weekend slots).
  • Failure to provide notice within the required timeframe will result in the session being forfeited without refund or rescheduling, unless due to a valid medical or emergency reason.
  • Sessions may be rescheduled up to two (2) times per month.
  • Additional rescheduling will incur an extra charge: 10% (weekday) or 20% (weekend/holiday), plus an additional 10% for each further rescheduling.
  • Once payment is made, it is non-refundable.

8. For rescuer, fosteror and adopters (on trial)

Any prepaid rates or credits held by the Rescuer may be transferred to a new guardian (including but not limited to fosters, adopters, or caretakers) upon written notice and subject to a non-refundable administrative fee of ten percent (10%). Transfers are permitted only once and do not extend or alter any original expiry dates. The new guardian, upon acceptance of the transfer, shall be deemed to have accepted and agreed to be bound by the full Terms & Conditions of this Agreement, including all indemnities, waivers, and liabilities contained herein. The original Rescuer remains responsible for any obligations incurred prior to the transfer. All transfers are final and non-reversible.

9. Age Requirement (Human)

Training services are provided exclusively to clients aged eighteen (18) years and above. Where children under the age of eighteen are present or involved in training, they must remain under the direct supervision of their parent or legal guardian at all times. The Trainer will liaise and communicate only with the responsible adult client, who shall remain fully accountable for the child’s conduct and safety. The Trainer reserves the right to suspend or terminate any training session if these conditions are not met.

10. Punishment-Free Training & Fee forfeiture

Punishment-Free Policy. Barkedclub operates a punishment-free, positive reinforcement-based training approach. “Punishment” for the purposes of this Agreement includes, but is not limited to, the use of physical force, hitting, slapping, jerking collars, shock/electric collars, prolonged or repeated startling, sustained or excessive leash corrections intended to harm or intimidate, forced physical restraint or any other aversive technique designed to cause pain, fear, or distress.

Obligation of Guardians and Rescuers. The responsible adult client, rescuer, foster or adopter (collectively “Guardian”) shall not use punishment or permit third parties to use punishment on any dog while under Barkedclub’s program, and shall follow Barkedclub’s instructions and behaviour modification protocols.

Enforcement and Remedies. If Barkedclub reasonably determines that punishment has been used by the Guardian or their agent during the period of service or prior to transfer where it affects ongoing training, Barkedclub may (at its sole discretion): (a) immediately suspend or terminate training services; (b) declare any remaining prepaid fees or credits forfeited in full; and (c) refuse future services. Any forfeiture is final and non-refundable. Barkedclub shall provide written notice to the Guardian (email or signed letter) stating the grounds for suspension, termination or forfeiture.

Exceptions & Safety. Nothing in this clause prevents the use of reasonable, proportionate and necessary physical restraint to prevent immediate harm to a person or animal (e.g., to stop a dog attacking a person), but Guardians must notify Barkedclub in writing as soon as practicable if such an incident occurs and follow any post-incident instructions from Barkedclub.

Appeal. Guardians may submit a written appeal with supporting evidence within seven (7) days of receiving notice. Barkedclub will review the appeal and respond in writing; Barkedclub’s decision on appeal is final.

11. Point of Contact

Barkedclub will only liaise and communicate with one designated point of contact for each dog, being the Guardian listed as the owner in the submission form. All other individuals involved in the dog’s care (including but not limited to rescuers, fosters, adopters, family members, or volunteers) must direct their questions, concerns, or requests through the designated Guardian. Barkedclub will not be responsible for responding to or coordinating with multiple parties regarding the same dog. It is the Guardian’s responsibility to keep all relevant parties informed of training progress, instructions, and requirements.

12. Payment as Agreement

Once payment is made, all terms and conditions listed here are deemed agreed upon, unless an exception is made in writing by Jacqueline Benita of Barkedclub. This agreement is automatically in effect upon payment for any services provided by Jackie of All Trades (Barkedclub).

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