Bruce’s Training Terms & Conditions
Bruce’s Doggy Day Care is a trading name of Bruce’s Pet Care Ltd, a company registered in England and Wales (company number 7602894).
Registered address: Bruce’s Doggy Day Care Woodlands Lane, Stoke D’Abernon, Cobham, England, KT11 3QD.
TERMS & CONDITIONS (“the contract”)
1. By a) enrolling a dog with or b) permitting a dog to attend or c) accepting the Services of Bruce’s and its staff, the Client is deemed to have accepted these Terms and Conditions.
2. Full payment for services (agreed either at time of booking or subsequently) is to be made at the time of booking. Payment can be made via bank transfer. If the Client fails to make payment Bruce’s reserves the right to withhold Bruce’s Training services.
3. Bruce’s will send the Client confirmation of booking. This will confirm payment, start date, and give other information pertinent to the booking. Booking confirms the Client’s attendance for the six-week course.
4 a. Bruce’s Doggy Day Care training courses consist of 6 weekly classes and limits the number of dogs in classes to provide the appropriate trainer to dog ratio.
4 b. It is the Client’s responsibility to ensure they attend on the correct date, time and place for the classes according to instructions provided by Bruce’s.
5. The Client agrees to ensure that their dog/s will be kept up to date on all vaccinations, de-worming and de-fleaing.
6.1 The Client must be physically able to handle their dog in Bruce’s Training classes. If the client is unable to do so, Bruce’s reserve the right to cancel the booking indefinitely. Full discussion concerning the best way to proceed will be undertaken and this may result in Bruce’s making alternative arrangements to assist the Client.
6.2 The Client has explicitly confirmed that their dog has no record of anti-social behaviour and they have made a full and frank disclosure of any characteristic or trait that might make their dog unsuitable for socialising with other dogs in the group classes.
7. Bruce’s method of training relies on rewards with food treats. Although we will have some treats available at the class, it is important the Client brings their own treats with them.
8. Dogs in class must remain on lead and kept away from contact with other dogs within the premises unless specifically instructed by Bruce’s Trainer.
9. All instances of accident or injury must be reported to Bruce’s Trainer at the time they occur.
10. Flexi leads are not permitted in Bruce’s Doggy Day Care training classes to avoid injury to others.
11. The following items are NOT permitted in Bruce’s classes under any circumstances: choker chains and/or check chains of any description; electronic training collars including citronella; any other device that causes discomfort, pain or fear to the dog; prong or pinch collars; any equipment that the trainer deems unacceptable.
12. The use of physical force and punishment-based training techniques are not permitted in Bruce’s training classes.
13. Refunds may not be given for any cancellations unless the place can be filled by another client or unless at least 14 DAYS NOTICE is given. There are no exceptions. Bruce’s may be able to transfer or defer the Client to another course but this is at the discretion of Bruce’s and dependent on the age of the Clients dog at the start of the next available course. Failure to notify us of a cancellation within this time frame will result in no refund.
14. There will be no refund for cancellations due to lack of vaccination or no vaccination card, unless Bruce’s are notified by the Client 14 days in advance of the course commencing. It is the Client’s responsibility to have your dog fully vaccinated and health warranted.
15. There will be no partial refunds for missed classes. All other cancellation and refund requests are at the discretion of the Bruce’s and dependent on individual circumstances.
LIMITATION OF LIABILITY: THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
16.1 Nothing in the Contract shall limit or exclude Bruce’s Doggy Day Care’s liability for:
a. death or personal injury to a human being caused by its negligence, or the negligence of its employees, agents or subcontractors;
b. fraud or fraudulent misrepresentation; or
c. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
16.2 Subject to clause 7.2, Bruce’s Doggy Day Care shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a. loss of profits;
b. loss of sales or business;
c. loss of agreements or contracts;
d. loss of anticipated savings;
e. loss of damage to goodwill; and
f. any indirect or consequential loss.
16.3 Subject to clause 7.2, Bruce’s Doggy Day Care’s total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to £1,000 or the total fees paid under the Contract, whichever is lower.
16.4 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
16.5 This clause 7 shall survive termination of the Contract.
16.6 Bruce’s Doggy Day Care make every effort to ensure safety of both Clients and dogs during training classes. By making a booking, the Client accepts that participating in an activity with dogs, children and adults poses a risk of injury to the Client and your dog, and you agree to indemnify Bruce’s Doggy Day Care for all personal injury and damage to property owned by the Client while attending the training classes. The Client also agrees to make any person who accompanies you to the class aware that they are also there at their own risk.
16.7 Bruce’s make every effort to ensure safety of both Clients and dogs during training classes. By making a booking, the Client accepts that participating in an activity with dogs, children and adults poses a risk of injury to the Client and your dog, and you agree to indemnify Bruce’s for all personal injury and damage to property owned by the Client while attending the training classes. The Client also agrees to make any person who accompanies you to the class aware that they are also there at their own risk.
17. The Client gives consent for their dog’s image to be used in photo or video format on Bruce’s promotional material and social media or in any format that Bruce’s considers appropriate.
18. Force Majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
19. Entire Agreement
a. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
b. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
20. Variation. No variation of the Contract shall be effective unless it is in writing and notified or accepted by Bruce’s Doggy Day Care (or its appointed director(s)).
21. Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
a. waive that or any other right or remedy; or
b. prevent or restrict the further exercise of that or any other right or remedy.
22. Severance If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
a. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email to the correct addressed email address if sent delivered-read (so email delivery and receipt can be acknowledged).
b. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the Client’s address provided by him/her; if sent by pre-paid first class post or other next working day delivery service to the same address, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email one business day after transmission
c. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
24. Third parties. No one other than a party to the Contract shall have any right to enforce any of its terms.
25. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by,and construed in accordance with the law of England and Wales.
26. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.