BOARD & TRAIN ENROLLMENT AGREEMENT

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1 BOARD & TRAIN ENROLLMENT AGREEMENT Class Type: Starting Date: Dogs Information: Name: Age: Sex: Medications: Breed: Weight: Color: Spayed/Neutred: Past medical history: Current medical conditions: Allergies: Additional information about your Dog that you think we should know: Veterinary Practice & Phone Number: ***Please attach a copy of your pet s current vaccination certificate for Rabies, Bordetella (not given within 2 weeks prior to training), and Distemper. Dog Owner s Information: Name: Mailing Address: 1

2 Home Phone: Cell: Work: Phone: Address: Emergency Contact Information: How did you hear about First Choice Canine? First Choice Canine located at 1 Baldwin Terrace, Groveland, Massachusetts (hereinafter referred to as Boarder/Trainer ) and (name) located at (address) (hereinafter referred to as Owner ) enter into this board and train agreement (hereinafter referred to as Agreement ). THE PARTIES AGREE AS FOLLOWS: SECTION 1: SPECIFIED DOG Boarder/Trainer will board and train Owner s Dog named (NAME) (Hereinafter referred to as Dog ), and Owner will pay Boarder/Trainer for these services. SECTION 2: PAYMENT Owner will pay $ for boarding and training services. SECTION 3: PAYMENT SCHEDULE Owner will pay Boarder/Trainer in full prior to the boarding and training of the Dog. Availability for First Choice Canine s Board and Train Program is limited. Thus, if full payment is not collected, the Dog will 2

3 be placed on the wait list until Owner pays in full. SECTION 4: REQUIREMENTS Dog must have all required vaccinations or proof of protective titers for the following: Rabies, DHPP (Distemper, Hepatitis, Parainfluenza, and Parvovirus and Kennel Cough (Bordetella). A copy of proof of vaccinations or titers must be presented before board and train begins. Dog must also be on a flea and tick preventative and the Owner must provide these medications for the Dog if medications are required during the course of in-board training. The Dog participating in the program will live in the trainer s house and will interact with trainer, the trainer s spouse, the trainer s employees, other in-board dogs, and the trainer s dogs as appropriate for the Dog s training purposes. The Dog may travel with the trainer to different locations, including but not limited to, parks for socialization. Dog must be crate trained prior to commencing in-board training. Socialization will include being exposed to new people, dogs, places, things, sights, and sounds. SECTION 5: OWNER S RESPONSIBILITIES Owner will deliver to Boarder/Trainer enough food for Dog to last the duration of the training. Owner will deliver to Boarder/Trainer any medication for Dog, including flea and tick preventative medications if needed. Owner will deliver to Boarder/Trainer any other supplies Dog may need, including but not limited to bowls, leashes, collars, bed, crate, and the like. SECTION 6: LIMITATIONS OF LIABILITY/ASSUMPTION OF RISK Owner acknowledges that as an animal, dogs are subject to change and are capable of behaviors deemed undesirable and inappropriate. Owner knowingly and voluntarily assumes any and all responsibility for 3

4 any consequences resulting from any behavior of the Dog and will hold Boarder/Trainer harmless. Boarder/Trainer will use reasonable care to train and take care of Owner s Dog. Boarder/Trainer cannot guarantee that Dog will respond adequately to commands at all times. Owner will not hold Boarder/ Trainer liable for any damages or loss resulting from the Dog s failure to respond to any command(s) or behavior modification for which Boarder/Trainer trained the Dog. Boarder/Trainer will train the Dog in a reasonable manner. The effectiveness of the completed training depends upon many factors outside of Boarder/Trainer s control. Such factors include, but are not limited to: the frequency and effectiveness of the reinforcement of the Dog s training once the Dog is returned to Owner. Boarder/Trainer disclaims all liability for losses or damages to Dog resulting from but not limited to disease, death, running away, theft, fire, and the like if Boarder/Trainer used reasonable care when boarding and training the Dog. Owner agrees to cover all medical costs for veterinary services if Dog becomes ill or injured during the boarding and training time period. Boarder/Trainer will take the Dog to the veterinarian of their discretion and Owner grants them authority to do so upon signing this Agreement. The veterinarian may administer medications or give other advisable attention, within the veterinarian s discretion, and Owner will pay these expenses promptly and in full. Boarder/Trainer will under no circumstances have any liability to a third party, including but not limited to, Owner s guests, invitees, agents, employees, or any other person associated with Owner arising from the Dog s behavior. Owner indemnifies Boarder/Trainer and holds Boarder/Trainer harmless from any and all such claims. Boarder/Trainer will not be liable to Owner for consequential damages, special damages, exemplary damages, or punitive damages arising from Trainer s boarding and training the Dog. Owner irrevocably waives any and all such damages claims. SECTION 7: DISCLAIMER 4

5 Dogs in heat or dogs that are ill will not be able to attend the board and train program. Boarder/Trainer may return the dog to Owner prior to the end of the boarding and training session if the Dog is ill and the Dog will then have the opportunity to return to the boarding and training site once a veterinarian clears the Dog medically in a signed writing. Boarder/ Trainer will use reasonable discretion when deciding whether the Dog is ill. SECTION 8: MODIFICATIONS Any modifications to this Agreement shall be made in writing and agreed upon by both parties. SECTION 9: MERGER This Agreement contains the entire agreement of the parties, and supersedes all prior negotiations, agreements and understandings with respect thereto. This Agreement may only be amended by a written document duly executed by all parties. SECTION 10: SURVIVAL If any provision of this Agreement is held unenforceable, then all remaining provisions of this Agreement will remain in full force and effect. SECTION 11: FORCE MAJEURE Neither Party shall be liable or responsible for any failure or delay in performance under the present Agreement if such failure or delay is caused by Act of God, Government restrictions (including the denial or cancellation of any export or other necessary license), riots, civil commotions, wars, insurrections and/or any other cause beyond the reasonable control of the Party whose performance is affected. The Party experiencing the difficulty to meet the obligations under the present contract due to the causes beyond its control shall give the other Party prompt written notice, with full details following the occurrence of the cause relied upon. Performance obligations dates scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. 5

6 SECTION 12: CHOICE OF LAW This Agreement shall be governed by, construed under, and enforced in accordance with the laws of the Commonwealth of Massachusetts. All actions arising out of this Agreement shall be brought in a court of competent jurisdiction situated in the Commonwealth of Massachusetts. Owner consents to the jurisdiction of Massachusetts for any action arising under this Agreement, regardless of the place of delivery of the Dog. BY: OWNER (Owner Name) TRAINER First Choice Canine Signature Date Signature Date 6

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