All deposits are non-refundable.
Each party agrees to defend, indemnify, and hold harmless the other party and its ofﬁcers, directors, agents, afﬁliates, distributors, representatives and employees from any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorneys‘ fees, costs and expenses resulting from the indemnifying party‘s material breach of any duty, representation, or warranty under this Agreement. Additionally, the Client agrees to indemnify and hold the Trainer harmless for any and all loss, liability, claim (whether alleged to be based on errors in judgment, negligence, gross negligence, strict liability or breach of duty by Client or Command Control K-9, its ofﬁcers, directors, agents, afﬁliates, distributors, representatives and employees) sustained by any person, relating to, arising from, or in connection with (I) any act or failure of the Trainer, (ll) any act or failure to act of the dog, (Ill) any act orfailure to act of Command Control K-9, its ofﬁcers, directors, agents, afﬁliates, distributors, representatives and employees, (IV) any injuries sustained to the Client or the dog during training, or (V) any violation of any municipal, state, provincial, or federal laws or regulations by the Client or the dog.4.2. Limitation of liability; disclaimer; indemniﬁcation
(A). Liability. Under no circumstances shall either party be liable to the other party for indirect, incidental, consequential, special or exemplary damages (even if that party has been advised of the possibility of such damages), arising from any provision of this agreement, such as, but not limited to, loss of revenue or anticipated proﬁts or lost business.
(B). No additional warranties. Except as set forth in this agreement, neither party makes any, and each party hereby speciﬁcally disclaims any representations or warranties, express or implied, regarding the products and services contemplated by this agreement, including any implied warranty of merchantability or ﬁtness for a particular purpose and implied warranties arising from course of dealing or course of performance.
I accept full ﬁnancial responsibility for all medical fees incurred.
LEGAL FEES AND COSTS
If any action at law or equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorney‘s fees and costs in addition to any other relief to which such party may be entitled.
ENTIRE AGREEMENT: SEVERABILITY
This agreement sets for the entire understanding of the parties with respect to the subject matter herein. This agreement supersedes all prior representations, agreements, and understandings, whether written or oral, between the parties with respect to the subject matter described herein. If any portion of this agreement shall be adjudged by any court of competent jurisdiction to be invalid or unenforceable for any reason whatsoever, such determination shall be conﬁned to the operation of the provisions at issue and shall not affect or invalidate any other portion of the agreement. This agreement cannot be modiﬁed except in writing, signed by all parties to the agreement.
The laws of the Province of Ontario, Canada, govern this Agreement. This Agreement is made and signed by both parties to insure the well being and protection of this animal. If any part of this Agreement is breached, the Trainer is released from any further obligations hereunder.
I understand that portions of the classes and students may be photographed or video recorded to be used in promotional/training material for CCK9 and I hereby give my permission for such purposes.