Terms and Conditions
Dogs are living creatures and their behaviours naturally change over time due to factors such as age and changes in their environment. Any guarantee in these Terms and Conditions cannot circumvent these factors.
Definition
Agreement means the quotation, acceptance and the following terms and conditions.
Work or works means behavioural consultations, training, handouts, written reports, behaviour programs, training programs, video content, worksheets or observation records created by Project:HappyDog. It may also describe other services such as administrative, training meetings, professional liaison and other tasks which are necessary in the creation of the program.
Project: HappyDog means Project: Happy Dog and can also be extended to Emma Robinson and Jessica Broughton Smith.
The Client means the individual who requested the work.
Amendments means any alteration to the work.
Entire Agreement
These terms and conditions apply to all sales and services by Emma Robinson and/or Jessica Broughton Smith, Project: Happy Dog, to the exclusion of any other terms unless otherwise agreed in writing.
They reserve the right to update these Terms and Conditions at any time by notice and with immediate effect.
These terms and conditions shall prevail over all terms and conditions of your customary practice or any previous course of dealings the client has had with Project: Happy Dog.
These terms and conditions apply to all work created by Project: Happy Dog. Work services or products are only supplied in strict accordance with these terms and conditions.
These terms and conditions shall be subject to English Law.
The contents contained in the quotation (verbal or written) and these Terms and Conditions form the agreement between Project: Happy Dog and the Client relating to the work, no variation on them will be binding to Project: Happy Dog unless it is agreed in writing and signed by Project: Happy Dog (both Emma Robinson and Jessica Broughton Smith).
Each clause of this Agreement is independent and operates separately in its own right.
By agreeing to these terms and conditions your statutory rights are not affected.
Should Project: Happy Dog decide to waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Project: Happy Dog to waive the same clause on any other occasion.
Any alterations or variations of these terms and conditions shall be inapplicable unless agreed in writing by all parties concerned before commencement of any work.
Ordering services or using work created by Project: Happy Dog is automatically agreeing to these terms and conditions.
This contract shall be governed by the laws of England and both parties shall submit to the non-exclusive jurisdiction of the English courts.
Guarantee
Project: Happy Dog shall create the agreed work for the use of the client. The client may use the work or works only in its original form and only for its original use for the animal named and described within the work.
Behaviour work cannot be guaranteed with any animal. The role of Project: Happy Dog is to educate and demonstrate. The owner/ guardian of the dog remains responsible for their dog’s training outcomes.
Project: Happy Dog shall create behaviour and training programmes to the specifications of the problems assessed at the first training session and will make amendments to the training and behaviour programme accordingly.
The training and behaviour programme is specific to the dog(s) that the programme has been designed for and should not be used in part or whole with any third party.
The client shall agree not to sell, destroy, deface, alter or part with work created by Project: Happy Dog or permit it to be given or done so by any third party.
The client shall agree not to share program content and educational materials in ways that may be detrimental to the marketing, public representation or finances of Project:Happy Dog.
General
Work created by Project: Happy Dog is charged to the client at the agreed amount.
The full charge of the service is payable at the time of booking.
Deadlines set in the agreement will not affect Project: Happy Dog’s right to be paid.
All work created by Project: Happy Dog for the client is to be used for the sole purpose for which it was created. The client does not have the right to resell work created by Project: Happy Dog or repurpose it without written consent from Project: Happy Dog.
The client does not have the right to share resources with any third party without written consent from Project: Happy Dog
Project: Happy Dog is entitled to assign any or all of its rights and obligations included in this agreement to third parties.
Project: Happy Dog will not be responsible for the creation of work which in any way contravene any existing Legislation and in particular the Trade Description Act 1968 and the Consumer Credit Act 1974.
Project: Happy Dog reserves the right to refuse to provide service or create work at its own discretion.
Project: Happy Dog cannot always guarantee to start work immediately.
If no timescale has been agreed for a service, Project: Happy Dog will not be responsible for any losses to the client if deadline is not met.
Once the work meets the terms of the quotation with its specifications, any modifications to the work will be considered an amendment to the contract and charged accordingly.
Amendments to programmes and training/classes may incur an additional charge beyond that of the original invoice.
All amendments must be agreed by both Project: Happy Dog and the client.
Amendments may exceed original deadlines agreed by Project: Happy Dog and the client.
Behaviour and training programmes are completed within the agreed timescale– this is confirmed at time of booking.
Rescheduling Appointments
Should the client need to reschedule an appointment they must do so with 48 hours notice prior to the start time of the session. In this instance the client will maintain 100% of the original booking fee to attribute towards another booking.
The client must then reschedule the appointment within seven days of the original booking, or the session could be cancelled. In this instance Project: Happy Dog reserve the right to give a refund.
With 24 - 48 hours notice Project: Happy Dog may withhold 50% of the original booking value. The remaining 50% booking charge can be attributed towards a future booking.
With less that 24 hours notice Project: Happy Dog reserve the right to refuse any refund and the client may be required to rebook the appointment at full cost.
Cancellations
Clients must give a minimum of 72 hours to cancel an appointment. With 72 or more hours notice the client can request a 100% refund.
Project: Happy Dog reserve the right to charge for any works or services completed for a booking. Including field hire, training plan writing, collection of resources or the purchase of goods, food or toys in preparation for a booked session.
With 48 - 72 hours notice Project: Happy Dog can issue a 50% refund.
If a service is cancelled with less than 48 hours notice no refund will be issued.
All terms above are subject to the discretion of Emma Robinson and Jessica Broughton Smith.
Termination by Project: Happy Dog
Project: Happy Dog may, by written notice, terminate any agreement at its discretion:
If the client fails to pay which has become overdue.
If the client breaches any of the terms of the agreement.
If Project: Happy Dog discovers that the client’s use of work produced is unethical misleading or morally corrupt.
If the client’s use of work is in anyway harmful to Project: Happy Dog or its reputation.
The client behaves in a way that is unethical or harmful to their dog, or knowingly provides false information in writing or during face to face/ online interactions
The client puts another dog, handler, trainer or guardian at risk from harm
A client consistently or deliberately puts their own dog, or selves, at risk.
The client defaces or damages while accessing services
A client fails to attend one or more sessions without notice.
A service will be deemed as cancelled if there is more than 30 days from the first training or consultation.
No refunds will be issued.
Payment
The client shall pay Project: Happy Dog the full price of the service at the time of booking.
Project: Happy Dog expects payment in full by electronic bank transfer or via the website booking system (projecthappydog.co.uk)
All quotes and tenders are valid for a period of thirty days.
Interest will be charged per day on all payments received outside of payment terms at the rate of eight per cent above the Bank of England Base Rate as applicable on the previous 31 December or 30 June whichever is the most recent.
Whilst outstanding payment is due Project: Happy Dog reserves the right to withhold the designated services or goods.
Any payment returned by the bank or card company will incur £10 admin charge as well as any charges made by the bank
In case collection proves necessary, the client agrees to pay all fees (including all legal fees and court costs) incurred by that process. If for any reason whatsoever Project: Happy Dog are unable to provide an agreed product or service in accordance with these terms and conditions our liability shall be limited in its entirety to a proportional refund of any fees paid by you for the service or product.
All administrative fees to third parties and the time taken to organise will be charged to the client irrespective of any quoted amount set out in the quotation with its specifications.
The Reactivity Package, solely, allows for a payment plan of 2 x 50% at the discretion of Project: Happy Dog
Project: Happy Dog reserve the right to provide discount to specific clients at their own discretion and without obligation to any other client or service.
Project: Happy Dog LIABILITY
Project: Happy Dog shall have no liability under any circumstance whatsoever to the client for financial loss or loss of profit.
Project: Happy Dog will not be held responsible under any circumstances whatsoever to the Client for a lack of time, effort and circumstances from the work.
In no event will Project: Happy be liable to the client or any third party for damages or losses.
Project: Happy Dog will not be liable for any loss, injury or liability to the client.
Handlers and/or owners remain responsible for their dogs at all times and are advised to ensure they have adequate pet or household insurance cover for liability in the unlikely event of damage or injury caused by their dog to property or to a third party.
COMMUNICATION
Project: Happy Dog’s preferred method of communication is by email. However, documents can be sent by traditional post, if no email address is available, this will incur a postal fee to send through reports to the client at the current postal rate and packaging.
Project: Happy Dog shall not be held responsible for spelling mistakes or typing errors to any documents. Signatures are not required to start a contract; verbal communication, email or other exchanges are legally binding.
COPYRIGHT
All material, both text and images included in documents are the property of Project: Happy Dog.
Project: Happy Dog holds copyright of all work created.
ADVICE
The information and any treatment suggested consists of Project: Happy Dog personal views and are based on the information given to Project: Happy Dog by the client or person responsible for the animal(s) and or Project: Happy Dog own conclusions resulting from personally gained evidence of the animal and the related behavioural problem.
Treatment plans, for the most part, will not be successful overnight. This requires a good deal of patience. Project: Happy Dog cannot guarantee that this will work, as each animal is an individual case, nor is it possible to foresee if another problem may arise as a result of the treatment. All programs are specific to a certain animal and should not be tried on any other pet, only the animal whose name that appears on the information.
Project: Happy Dog encourages clients to contact their veterinary surgeon prior to putting the actions into effect, if they are concerned. By booking one of Project: Happy Dog services, you are agreeing to these Terms and Conditions.
Project: Happy Dog reserves the right to cancel or change an appointment at any time by notice with immediate effect, without cause. By booking you will agree to keep the date and time of the consultations.
Project: Happy Dog will send you a receipt when payment is made in full or first payment is received.
Whilst every care is taken to ensure the safety of both you and your dog whilst attending this a service provided by Project: Happy Dog please note that no responsibility can be accepted by Project: Happy Dog for any injury to yourself or your dog, or any sickness or disease contracted whilst in the field or car park or premises.
Owners will not be permitted to use any piece of equipment in class unless the tutor is present and they have been given guidance on how to use the equipment safely.
I have read the above conditions relating to training with Project: Happy Dog and agree to be bound by them.
All services provided by Project: Happy Dog are subject to their own guidelines, rules and client expectations. They are binding and the terms and conditions should be read carefully prior to attending any sessions.