Terms and Conditions

Sit n Stay Pet Services, Inc.
Client Agreement - Terms & Conditions

Dog Training Programs, Pet Sitting Agreement & Informed Consent Release

Please READ carefully. By purchasing participation in our programs you expressly (herein referred to as “Client” or “Owner”) agree to follow terms stated herein.

This Agreement between Sit n' Stay Pet Services, Inc. dba Sit n’ Stay Dog Training (herein referred to as Sit n Stay or Sit n’ Stay) & “Client” and the Dog Trainer or Pet Sitter (employees, independent contractors or volunteers) acting as agent for Sit n' Stay Pet Services, Inc. (hereinafter as “Trainer”, “Pet Sitter or “Agent”) and pertains to the pet(s) living in the Client's household at the time of the training or pet sitting service (hereinafter as “Dog(s)” or “Pet(s)”.

Please review this Agreement in its entirety.

​For goods and valuable consideration, the parties agree as follows:

1. Eligibility and Client Responsibilities

Clients must be 18 years or older and legally able to enter into contracts. Clients must provide accurate and up-to-date information regarding themselves and their pets. Client accepts and agrees that Client is 100% responsible for their progress and results from the use of the herein described Program. Sit n’ Stay makes no representations, warranties or guarantees verbally or in writing regarding individual performance. Client understands that because of the nature of the program and extent, the results experienced by each client and dog may significantly vary.

Sit n’ Stay makes no warranties or guaranties regarding the outcome of any dog training services. Sit n’ Stay follows ethical guidelines from the leading training and behavior organizations and follows the DogBiz Business Code of Ethics, which can be found at https://dogbizsuccess.com/business-code-of-ethics/.

2. Programs and Services

2.1 Sit n’ Stay & the Trainers, Pet Sitters and Agents will endeavor to create as safe an environment as possible for the training and pet sitting care of the animals(s) identified and will offer only sound, safe, and responsible training, care, and post-training instructions. Owner agrees, however, that all animals may exhibit unpredictable behaviors and that Sit n Stay will not be liable for the actions of Pet(s) that are outside of the control of Sit n Stay. Client recognizes that Sit n’ Stay is not responsible for any unintentional errors, omissions, or incorrect assertions. Further, Client will remain responsible for the actions of the animals(s) at all times and hereby agree to indemnify and hold harmless Sit n’ Stay of any and all claims of injury, expense, costs or damages caused by the actions of the animals(s) while under Sit n’ Stay instruction or control and under Client care as a result of following training instructions. Client understands the inherent risks of owning an animal, including but not limited to the risk of dog bites to Client and others.

2.2 Client agrees to abide by the rules and policies of Sit n’ Stay training classes as set forth in this contract and as outlined in class materials. Client understands that attendance of dog training classes is not without risk to Client, members of Clients family, guests who may attend or to Clients dog. In consideration of, and as inducement to the acceptance of Clients application for training membership in training class, Client hereby agrees to indemnify and hold harmless Sit n’ Stay, its officers, directors, instructors, agents, employees, and/or representatives of any and all claims, or claims by any member of Clients family, or accompanying guests of injury, expense, costs or damages to Client, Clients dog(s), or any handler sponsored by Client both in class and out of class.

2.3 Owner agrees that the recommendations by Sit n Stay and of any product or service is not a guarantee of performance or Owner’s satisfaction with that product or service.

2.4 Sit n’ Stay strives to provide services in a reliable, caring and trustworthy manner which meet the standards of Pet Sitters International, The Pet Professional Guild's "force free" pet handling, The Association of Professional Dog Trainers, the DogBiz Business Code of Ethics and the National Association of Professional Pet Sitters. Sit n’ Stay also strives to assign the same team of employees to care for a pet; but, cannot promise to be able to, given events of personal emergency, illness, days off and staff promotion or departure. Employees who provide services are:

2.4.1 Bonded and insured.

2.4.2 Trained in pet handling and first aid by the owner (and approved team), who is certified as a Certified Professional Dog Trainer by the Certification Council for Professional Dog Trainers, which is the leading independent testing and certification resource for dog training and behavior professionals, a Dog Walking Academy Graduate and a Master Instructor for Pet Tech, CPR, First Aid and Care for pets.

2.4.3. Have the requisite knowledge, training, skill, experience, qualifications and resources necessary to provide and perform the services required by this Agreement.

2.4.4. Have passed background checks performed (for pet sitting services).

2.4.5. Instructed not to have people or animals accompanying them while providing Client services (pet sitting services).

2.4.6. Instructed not to place Sit n’ Stay signs on their vehicles.

2.4.7. Section 2 is for information only; it is not a promise or warranty, or guarantee. It describes the standards we strive to achieve and maintain.

3. Payments and Fees

3.1 Client agrees to pay Sit n Stay a nonrefundable fee in the amount of the program or service listed or invoiced. Client is responsible for full payment of fees for the entire program, regardless of whether Client completes the program. No exceptions. Any and all fees paid toward dog training and pet sitting are NOT REFUNDABLE and ALL SALES are final. Per this agreement, the client agrees that all sales are final and waives the right to credit card chargebacks with our merchant processor.

3.2 For in-person dog training, the program fees are non-refundable, but are transferable to another dog, to another program, or another family if transferred with the dog.

3.3 Online programs are not transferable.

3.4 Sit n Stay offers payment plans for many of our programs, and may also be arranged on a case-by-case basis at Sit n Stay's discretion. Client agrees to the following electronic payment plan arrangements for the training program selected:

3.4.1 Client understands that by agreeing to a payment plan, Client has committed to the full length of the program as stated in the Plan Outline provided. Client understands that they are responsible for payment in full regardless of whether Client chooses to complete the program.

3.4.2 Not all Programs are eligible for a payment plan. If a payment plan is offered and chosen, Sit n' Stay has agreed to bill you for your order in EFT (automatic) installments subject to the following conditions using the credit card or debit card given. Payments will be automatically drafted. If payment fails, you agree to provide a new card and payment of remaining balance is required, unless discussed.

3.4.3 If Client elects to pay by installment plan, the first installment (50%) is paid upon registration. The second installment (remaining balance) is due 30 days later unless another plan is agreed upon in writing. We also have payment plans that have a 3 pay equal payment plan which will be outlined in advance.

3.4.4 You may not apply gift certificates with payment plans unless approved in advance.

3.4.5 Sit n' Stay will not charge you interest on your initial purchases or payment plans and interest will only be applied if there are unpaid balances or late fees.

3.5 Client Credit Card Authorization: You may cancel this authorization at any time by contacting us in writing by email. This authorization will remain in effect until cancelled. Client expressly authorizes Sit n’ Stay to charge Client’s credit card(s) or debit card(s) in the amount of the program or service. If the credit card authorization is canceled before the program is paid in full, another card or form of payment is necessary in order to fulfill the program.

3.6 If payment fails on billing date, Sit n Stay will remove course and community access immediately until payment is resolved by client. Sit n Stay reserves the right to terminate the Program immediately for non-payment.

3.7 The client promises to pay a late charge of $10.00 or 10%, whichever is greater, for each installment or payment due that remains unpaid more than ten day(s) after its Due Date and until the balance is paid in full. This late fee will be calculated based on the outstanding balance as of the due date. If any payment obligation under this Note is not paid when due, the remaining unpaid principal balance and any accrued interest shall become due immediately at the option of Sit n Stay.

3.8 Monthly Subscription Cancellation Policy: Once a subscription month has been started, the client will keep access to all subscriber benefits until that month is over. This means that even if the client cancels, there will not be a prorated refund for the remaining days in the current subscription month.

3.8.1 Advanced notice in writing is required to cancel monthly subscriptions. The client must send an email or a written letter to Sit n Stay at least 7 days before the next billing date to allow for processing and avoid a charge for an additional month.

3.8.2 To cancel the monthly subscription, the client must send a written request to the Sit n Stay Customer Support team by email at support@sitnstaypetservices.com, with the following details included:

            • Client full name
            • The email address associated with the client account
            • A brief reason for cancellation

3.8.3 Once the cancellation has been processed, Sit n Stay will send the client a confirmation email.

3.9 Fees and the services offered are listed on the website, www.sitnstaydogtraining.com. The specific web address may change; but, Clients will always be able to find it in one of our online menus. The client also may call the office for a list of services and fees. Our prices have been stable, but they do occasionally change over time. We do not contact clients directly to announce price changes. We alert clients by changing the price on our website's Pricing page; through e-mail, or on the phone if you schedule services by calling the office. Therefore, the client should pay close attention to the fee for the service(s) ordered; and, do not complete the order if you do not approve the fee(s). Call the office to discuss any concerns.

3.10 If Client registers for Services (pet sitting, Dog School or per day rates) via the online software or app and puts a credit card on file, Client grants Sit n’ Stay the right to charge the credit card on file upon completion of each service. Otherwise, Payments are due in advance, and must be received in our office at least two business days before the start day of service. We accept Visa, Mastercard, American Express and Discover through the app or third-party software, and personal checks mailed to the office. If a credit card is not on file, services must be received in advance.

3.11 Services may not be performed if payment is not received, but if services are provided, any payment for services not received in advance will be invoiced and sent to client via e-mail or U.S. mail and due upon receipt. Each invoice is deemed late if not paid in full within 10 days from the date of the invoice and/or statement. If Sit n’ Stay does not receive payment in full for a billing invoice or statement by 5pm EST on the 11th day following the date of the invoice or statement, the bill is deemed late. Interest shall be charged at the legal rate of 10% compounded annually (.833 per month) beginning on the 16th day following the date of the invoice or statement.

3.12 A $45 fee will be charged on any check returned by a bank for non-sufficient funds (“NSF”).

4. Bookings and Cancellations

4.1 All bookings are subject to availability. Scheduling for services is done by phone the office, by e-mail, or through the third-party scheduling software or app.

4.2. Client shall request services by calling the office, (716) 822-3287, through e-mail, support@sitnstaypetservices.com, or through the third-party scheduling software or app. DO NOT CONTACT YOUR PET WALKER, SITTER, OR TRAINER TO SCHEDULE OR CHANGE SERVICE NOR LEAVE A NOTE; they cannot accept reservations nor reschedule dates. All appointments shall be confirmed with e-mail, phone, or through the third party scheduling software or app from Sit n’ Stay. Sit n’ Stay does not guarantee that a requested appointment time will be available. Sit n’ Stay has no obligation to perform any Services not requested by Client and confirmed by the Sit n’ Stay office.

4.3. Dog Walking and Pet Sitting appointments may be cancelled via phone, e-mail, scheduling software or the app, not less than 24 hours from the previously confirmed appointment. Cancellations made less than 24 hours prior to the previously confirmed appointment will result in a charge to the Client of full agreed-upon rate for the cancelled service.

4.4 Sit n’ Stay and Trainers reserve the right to reschedule any group or private training, both in-person and online, as needed. Every effort will be made to keep scheduled appointments, and in the event that rescheduling is necessary, it will be done as soon as practicable. Group training sessions are not refundable for missed classes.

4.5 Dog school sessions and private lessons may be rescheduled with 24 hours notice via phone or e-mail. If Client fails to give at least 24 hours cancellation notice, or is not present at time of scheduled appointment, session fees are still due. For a package deal, the session will still be counted as one session. Please keep all reschedules to a minimum; only 2 reschedules will be allowed during a program duration. Please refer to Dog School Policies and Procedures for more information on Dog School attendance.

4.6 Reschedules for day training and private lessons must fall within the Program start and ending dates. In the event of an emergency, Sit n’ Stay will allow program to extend 2 weeks past the ending date of the Program. Otherwise Program must be completed by Program end date.

4.7 Training contracts that contradict this policy will take priority over scheduling and cancellation fees.

5. Client Obligations

5.1. Client represents and warrants that Client is the owner of the Pet(s) and the Pet(s) have a collar with a current identification tag listing the owner’s name and contact phone number.

5.2. Client warrants that there are no known dangers in accessing the location of the pet(s) for performance of the Services in this Agreement. Client must provide to Sit n’ Stay in advance all keys, gate codes, garage door openers, lockbox codes and other devices or codes necessary to access the pet(s) subject to this Agreement in order to perform Services.

5.3. Client must vaccinate the Pet(s) against rabies and shall keep the vaccinations up-to-date before all programs and services. For training programs, dog(s) must also be vaccinated against canine distemper, parvovirus and bordetella or show proof of titers (for core vaccines only). Client must email or bring paper records of vaccinations before the start of the program or service.

5.4. Client represents and warrants that the information provided in the documents listed in the "Client Data" sections of the scheduling and payment software or app is true and correct, including but not limited to the responses to all questions asked by Sit n’ Stay during the application process, Meet and Greet, Evaluation, in the app, scheduling software and any other communication. Client shall promptly notify Sit n’ Stay, by email, other writing or updating the "Client Data" sections, of any changes to the information. Information is to be updated immediately upon changes and reviewed every 6 months.

5.5. Client represents and warrants that the information regarding the Pet(s)' medical history, behaviors, and any unusual habits (destructive behavior when left alone, change in bowel or eating habits, hiding places, etc.) are material terms of this agreement.

5.6 Client must disclose all bite(s) and injury incidents to Sit n’ Stay representatives.

5.7 Additional client responsibilities for pet sitting and dog walking services:

5.7.1 Client shall prevent the Pet(s) from being able to access areas and items that are off limits to the Pet(s). If your pet is prone to chew, please leave “chew toys” and take proper precautions to guard your personal items and home furnishings from chewing or accidents while you are away.

5.7.2 Client shall notify its veterinarian in writing that a Sit n’ Stay pet sitter will be caring for the Pet(s). Client shall take all steps its veterinarian requires to appoint Sit n’ Stay as a health care proxy authorized to receive all information concerning the Pet(s), decide all questions regarding the Pet(s)' medical care if Client cannot be reached when necessary and to bill Client for any veterinarian services rendered.

5.7.3 Client shall supply equipment necessary to control the Pet(s). If the Client does not have a collar, harness and/or leash which Sit n’ Stay, in its sole professional opinion, is proper or appropriate for the safe handling and control of the Pet(s), Sit n’ Stay shall inform Client what additional or substitute equipment is required. Client shall provide the same, or Sit n’ Stay If at any time necessary equipment becomes lost, damaged or otherwise unusable, Sit n’ Stay shall buy it for Client who shall reimburse Sit n’ Stay.

5.7.4 Client shall provide all supplies required for the Pet(s)' health and safety organized in one general and visible area. This includes food, treats, utensils, food and water bowls, medications, leash, can opener, toys, paper towels, cleaning supplies, garbage bags, litter and scoop, broom and dustpan and/or vacuum cleaner, towels (for rainy walks), and watering can for plants. If at any time supplies run out or become necessary or lost, damaged or otherwise unusable, Sit n’Stay shall buy it for Client who shall reimburse Sit n’ Stay.

5.7.5 Lock Box Program: A lock box allows Sit n’ Stay to enter the location where services are to be provided without keeping copies of your keys or ever taking your keys off your property. Two (2) copies of your key are required and remain in the lock box, in case one copy fails. Client may obtain their own lockbox or agrees to pay $25 to obtain a lock box from Sit n’ Stay. If the lock box is returned in good, working condition (with working combinations) you will receive a credit or refund of $15, when you no longer need the services of Sit n’ Stay. Client realizes they will be responsible for delivering or returning the lock box to Sit n’ Stay if they want to collect the credit or partial refund.Client agrees to be responsible for:

              • Ensuring that the lock box is placed in a visible and accessible location, sheltered from the              
                  weather.
              • Placing two (2) working copies of any keys inside the lock box.
              • Informing Sit n’ Stay as to the location of the lock box.
              • Providing Sit n’ Stay with the combination to the lock box.
              • Informing Sit n’ Stay promptly of any changes to the location or combination of the lock box.
              • Ensuring the security of the lock box and keys. Sit ‘n Stay is not responsible for other people  
                  who enter the home by accessing keys in the lock box.
              • Client agrees not to give the lock box combination to anyone other than Sit n’ Stay
                  employees or agents. Client also agrees to hold Sit n’ Stay harmless should the lock box be
                  stolen or damaged.

5.7.6 Client expressly gives Sit n’ Stay the authority to employ a locksmith in the event that Sit n’ Stay cannot gain entry to Client's property where services are to be provided, whether due to problems with a lock box, keys, locks, door openers or security codes. Client agrees to reimburse Sit n’ Stay promptly for all costs incurred, including additional fees for Sit n' Stays services provided time spent arranging and waiting for the locksmith.

5.7.7 Client remains and shall be responsible for proper functioning of any alarm system protecting Client's property where services are to be provided, and any charges incurred for the services of an alarm company or fines assessed by law enforcement. This includes but is not limited to improper codes assigned or alarms being accidentally set off by Sit n’ Stay. Client shall notify its alarm service company and local police that a professional pet sitter will be on your property and entering your home to care for your pets. This is a material term of this agreement. We suggest you also notify family and neighbors who might wonder why we are there. Sit n’ Stay suggests Client create a code for only Sit n’ Stay to use. We prefer not to know your personal codes. It is also highly recommended that you enter a generic code for Sit n’ Stay use.

5.8 Client understands that Sit n’ Stay may transport pets via vehicle or on foot in the performance of Services. Client will be charged a $50 vehicle cleaning fee for any case where the pet(s) relieve themselves in any vehicle used in the performance of Services by Sit n’ Stay. Client is fully responsible for any damage caused by pet to personal property, Sit n’ Stay vehicles, or staff vehicles in the performance of Services.

5.9 Client remains and shall be responsible for the condition of the Pet(s), including if the Pet(s) are injured, gets sick, dies, escapes the trainer or pet sitter's control or becomes lost.

6. Company Obligations

6.1 Sit n’ Stay promises to perform the dog walking, pet sitting or training services requested under this Agreement with the degree of skill, care and learning ordinarily possessed and exercised by the average member of its profession. Sit n’ Stay employees, independent contractors and volunteers have had some pet first aid training; they are not veterinarians, veterinary assistants nor experts trained in administering medications to animals. Sit n’ Stay employees, independent contractors or volunteers will use their best efforts to follow your instructions and use medicines and supplies you provide to administer treatments for existing conditions or illnesses.

6.2 Sit n’ Stay promises to collect only information needed to provide services; and, not to sell or share information Client provides us with other people or companies except those who we use to provide Client services and manage our business, such as the scheduling and payment software company, and except as required by law. We shall safeguard Client information in the same manner as we guard our own. The provider of the software for scheduling and payment has its own standards. Upon request, we will provide a link to their privacy policy.

7. Online Programs, Membership, and Third-Party Software

7.1 We provide access to third-party software for scheduling, payment, membership, and a place to store information about you and your Pet(s). We do not own nor control the software; therefore we offer it AS IS, AS AVAILABLE and WITH ALL FAULTS. We make no guarantee regarding its performance, data security, availability or other functions.

7.2 Sit n Stay agrees to provide Client with individual access to the online learning modules if included in their program, as well as access to additional online programs that accompanies their purchased program. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their use of the Program.

7.3 Client agrees that their access to the membership site where the program materials reside is for their sole use. Client explicitly agrees to not share access to said membership site or give their user name and/or password to anyone for any purpose.

8. Safety and Liability

8.1 If Pet(s) causes property damage, or bites or injures any dog, animal or person (including but not limited to Sit n' Stay Pet Sitter or Trainer and Trainer’s agents), during or after the term of this Agreement, then Client agrees to pay all resulting losses and damages suffered or incurred, and to defend and indemnify Sit n' Stay Pet Sitter or Trainer and Trainer’s agents from any resulting claims, demands, lawsuits, losses, costs or expenses, including attorney fees.

8.2 If Pet(s) is injured in any manner during or after the term of the Agreement, Client assumes the risk and agrees that Sit n' Stay & Pet Sitter or Trainer will not be held responsible for any resulting injuries, losses, damages, costs or expenses.

8.3 Sit n Stay & Pet Sitter or Trainer agrees to indemnify and hold Owner harmless from and against any claims of injury, expense, costs, loss or damages caused by the gross negligence or willful misconduct of Sit n Stay & Pet Sitter or Trainer while the Pet is in the sole custody, care and control of Sit n Stay & Pet Sitter or Trainer. Owner acknowledges that Sit n Stay has no control over the Pet when the Pet is not in the exclusive custody, care and control of Sit n Stay, and Owner agrees to indemnify and hold Sit n Stay harmless from and against any and all claims of injury, expense, costs, loss or damages caused by the actions of the Pet when the Pet is not the sole custody, care and control of Sit n Stay & Pet Sitter or Trainer.

8.4 By agreeing to these terms and conditions, Client certifies that Client has been informed and understands that there is always some unavoidable risk of injury involved when working with animals, especially animals with behavioral issues. Client acknowledges that pets can be inherently difficult to control and that not all pets will be under control at all times resulting in the possibility of injury to Client, Client’s pet(s), family members, or third parties. Additionally, Client has had full opportunity to discuss all concerns about the foregoing risks with Sit n Stay and its authorized representatives. Client has also made all inquiries and investigations to their satisfaction related to such risks, including, but not limited to, an examination of the training area (if applicable).

8.5 As lawful consideration for participating in training, Client, for themselves, heirs, executors, administrators, legal representatives, successors and assigns, hereby waive, release, discharge and agree not to sue and to indemnify, defend and hold harmless Sit n Stay, and their members, managers, agents, and employees from any and all injuries, losses, claims and damages to any person or persons of any nature whatsoever, including claims arising from the Client’s own negligence, and all costs associated therewith, including attorney’s fees, court costs and consultant fees, arising from my participation in the training sessions.

8.6 At Sit n Stay & Pet Sitter or Trainer's sole election, Pet Sitter or Trainer's duties hereunder shall terminate if (a) in Pet Sitter or Trainer's sole judgment Pet is dangerous or vicious to Pet Sitter or Trainer or any other person or animal, or interferes with the training of other dogs, or (b) Client breaches any term or condition of this Agreement. Upon termination in accordance with the foregoing, Trainer's duties shall terminate but all other provisions of this Agreement shall continue in full force and effect.

8.7 If your dog bites during a consultation, Sit n Stay must file a bite report under New York State Law.

9. Emergency Procedures

9.1 Client authorizes Sit n’ Stay to use its judgment, in its sole discretion, in caring for Client's Pet(s) and property in the event of emergencies, inclement weather, driving bans, natural disaster or concerns for the health or safety of the Pet(s) and/or Sit n’ Stay's staff. Client shall hold Sit n’ Stay harmless for consequences and costs related to such decisions (other than gross negligence or willful misconduct), including injury to or death of the Pet(s), and including placing the Pet(s) in a kennel or similar facility.

9.2 In the event of a medical emergency, Client authorizes Sit n’ Stay to administer first aid and resuscitative care or seek emergency veterinary care. Sit n’ Stay shall take all steps reasonable to contact Client and follow Client's instructions. If Client's specified veterinarian is unavailable, or the situation makes it imprudent to go to the Client's specified veterinarian, Client authorizes Sit n’ Stay to obtain such medical treatment (excluding euthanasia) from any veterinarian. If medical treatment and supplies cannot be billed to Client's account, Client agrees to reimburse Sit n’ Stay for expenses incurred, plus any additional fees for attending to the Pet(s) needs, including office visits, procedures, medications, surgeries, etc.

9.3 Client releases Sit n’ Stay from all liabilities related to the medical emergency's transportation, treatment, and expense, including any harm or resulting condition of the Pet, including incapacity or death.

9.4 Client remains and shall be responsible for all behavior of the Pet(s) including payment of fines, medical expenses, damage to your or others' property and damages for personal injury to a pet sitter, other persons and other animals. Client agrees to indemnify, hold harmless, and defend Sit n’ Stay in the event of a claim by any person or legal entity injured by the pet.

10. Confidentiality and Privacy

10.1 While it may be legal to monitor or record your home and property without informing anyone, Client promises not to monitor or record audio or video of Sit n' Stay employees or agents without informing Sit n' Stay. If Sit n Stay agents are staying in your home, camera and recording devices must be disclosed to Sit n Stay and any recording or video live feeds in bathrooms or sleeping or changing areas are prohibited. Client represents and warrants that any wireless cameras or recorders use signal scrambling or other security features that prevent others from obtaining the images or sounds. Client promises not to sell, post or publicly display any recordings, nor privately display any recordings to anyone other than law enforcement, security consultants or property insurance company staff for security or insurance related reasons. This is a material condition of this contract. Sit n' Stay will not disclose whether you have recorders nor the locations to anyone who is not a Sit n' Stay employee or agent.

10. 2 From time to time, we take pictures or videos of Client pets to use in our social media. In these cases we will not use photos that would identify you or the location of your home. If you would like your pet to be excluded, please notify us in writing at least 24 hours prior to the start of your service. We will confirm your request back in writing.

10.3 All communication should be done through the Sit n Stay office- email, phone or texting. DO NOT CONTACT YOUR TRAINER OR PET SITTER DIRECTLY OR THROUGH THEIR PERSONAL LINES OF COMMUNICATION. Sit n’ Stay has no obligation to perform any Services not requested by Client and confirmed by the Sit n’ Stay office.

10.4 We respect client privacy and handle all personal information in accordance with applicable laws.

11. Non-Disclosure of Materials/No Transfer of Intellectual Property

11.1 Material provided to Client as part of this program is proprietary, copyrighted and developed specifically for Sit n’ Stay. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited and in violation of copyright law.

11.2 All intellectual property, including Program and/or course materials, recordings of coaching calls, information and communication on our private Facebook page, training plans given out and videos and handouts provided on our Membership Site shall remain the sole property of Sit n’ Stay. No license to sell or distribute materials is granted or implied. Client explicitly consents to the recording of program coaching calls, sessions, group classes and lessons.

12. Non-Solicitation of Personnel

Clients must be 18 years or older and legally able to enter into contracts. Clients must provide accurate and up-to-date information regarding themselves and their pets. Client accepts and agrees that Client is 100% responsible for their progress and results from the use of the herein described Program. Sit n’ Stay makes no representations, warranties or guarantees verbally or in writing regarding individual performance. Client understands that because of the nature of the program and extent, the results experienced by each client and dog may significantly vary.

13. Non-Disparagement

In the event a dispute arises between the parties, the parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The parties agree that neither will directly or indirectly, in any capacity or manner, in person or online, make express, transmit speak, write, verbalize or other communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, or disparaging to each other or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.

14. Jurisdiction And Venue

This Agreement is to be construed pursuant to the current laws of the State of New York. Jurisdiction and venue for any claim arising out of this Agreement shall be made in the State of New York, in the County of Erie.

15. Sole Agreement

This Agreement is binding upon Client, spouse of Client, children of Client, and all individuals who attend training with the dog. This agreement and any documents submitted by the client (Intake Form, Behavior Assessment, Bite History, etc) constitute the entire agreement between the parties, and supersedes all prior or contemporaneous discussions, representations, warranties and agreements of the parties, and expresses the entire agreement between Sit n’ Stay, Client and Trainer or Pet Sitter regarding the matters described above. The parties confirm that, except for that which is specifically written in this Agreement, no promises, representations or oral understandings have been made with regard to Pet or anything else. Without limiting the generality of the foregoing, Client acknowledges that Trainer has not represented, promised, guaranteed or warranted that Dog will never bite, that Dog will not be dangerous or vicious in the future, that Dog will not exhibit other behavioral problems, or that the results of the training will last for any particular amount of time.

16. Limited Warranty, Limitation of Claims, Statute of Limitations.

NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SIT N’ STAY SHALL NOT BE LIABLE EXCEPT FOR CLAIMS ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SIT N’ STAY SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ANY CLAIM MUST BE MADE IN WRITING WITHIN 60 DAYS AFTER THE DATE OF THE SERVICE. SIT N’ STAY'S LIABILITY FOR ANY PARTICULAR CLAIM SHALL NOT EXCEED THE AMOUNT CLIENT PAID FOR THE PARTICULAR SERVICE UPON WHICH THE CLAIM IS BASED.

17. Dispute Resolution and Attorney Fees and Costs

Any controversy between the Parties regarding the construction, application or performance of any services under this Agreement, and any dispute arising out of or relating to this Agreement or its breach shall be governed by this paragraph.

17.1 Mediation. In the first instance the Parties will attempt to resolve such disputes through open communication and dialogue. To this end, if a party has a concern about an actual or possible dispute, the concerned party will informally notify the other party of the nature of the dispute and explore the possibility of reaching an agreeable resolution. If the Parties cannot resolve the matter by informal dialogue or there is a reason to give notice immediately, either party give a written Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute. The Notice of Dispute shall be transmitted in writing pursuant to Paragraph 3 of this Agreement. After Notice of Dispute, the Parties shall first attempt to resolve any disputes by mediation. The Parties shall agree on a single mediator who shall be an attorney licensed with the New York State Bar or retired judge. Mediation shall be conducted in Erie County, NY. Each party shall pay its own attorneys’ fees and the costs and expenses of mediation shall be split equally between the Parties. Mediation shall be set within 10 days of the transmittal of the Notice of Dispute and completed within 40 days of transmittal of Notice of Dispute.

17.2 Attorney Fees and costs. The prevailing party in any proceeding regarding the construction, application or performance of any services under this Agreement and any dispute arising out of or relating to this Agreement or its breach shall have the right to collect from the other party its reasonable costs and attorney fees and any other expenses, including expert witness fees, incurred by the prevailing party in such a proceeding, including enforcement of the arbitration provision herein. Any party who fails to satisfy the provisions of Paragraph 3, 3.1, 3.2, or all, of this Agreement shall not be entitled to an award of reasonable attorney fees or costs or both under this or any other provision of this Agreement, even if that party is a prevailing party in any proceeding.

17.3 Small Claims. Paragraph 1 subsections 1 is inapplicable to proceedings brought in small claims court, except Paragraph 3.2 is applicable in all proceedings related to an appeal of a small claims court ruling or judgement or both.

17.4 Collections. In an action by Sit n’ Stay solely for the collection of unpaid fees from Client, Paragraph 17.1 is not applicable.

18. Indemnity

Each party shall defend, indemnify and hold harmless the other party and such other party's affiliates officers, directors, shareholders, employees and agents from and against any and all claims, suits, demands, losses, liabilities, costs, damages and expenses, including attorneys fees and court costs, suffered or incurred by any such party arising from or relating to: (i) the material breach by the indemnifying party of any warranty, representation, term or condition under this Agreement; and (ii) the indemnifying party's fraud, gross negligence or willful misconduct in the performance of its obligations under this Agreement.

19. Termination of Agreement

Sit n’ Stay and Client each reserves the right to terminate this Agreement at any time only upon seven-days’ advanced written notice to the other party. Either party has the right to immediately terminate this Agreement where the other party becomes insolvent, fails to pay its bill when due, makes an assignment for the benefit of creditors, goes out of business, or ceases operation. Sit n’ Stay reserves the right to immediately terminate the Agreement if it finds out Client did not provide it truthful information about Client’s pet(s), a pet subject to this Agreement bites or injures another animal or human, demonstrates aggressive behavior to any human or animal, or Sit n’ Stay feels the safety of its employees, affiliates, agents or independent contractors are in danger in performing Services.

20. Force Majeure

Neither party shall be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, earthquake, or other natural disaster, explosion, war, embargo, government requirement, civil or military authority, act of God, electrical power outage, ISP or cellular phone service outage, or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing party. The party affected by such causes will notify the other party in writing within 3 days after the beginning of any such cause that would affect its performance. Notwithstanding, if a party’s performance is delayed for a period exceeding 10 days from the date the other party receives notice under this paragraph, the non-affected party will have the right, without liability to the other party, to terminate this Agreement.

21. Severability in Event of Partial Invalidity

If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

22. Counterparts

This Agreement may be executed in two or more counterparts, including via facsimile or .pdf document, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

23. Effective Date

This Agreement will govern all services performed by Sit n’ Stay on behalf of Client commencing with the date Sit n’ Stay first performed Services or provided access to the Program.

24. CLIENT HAS PROVIDED ALL INFORMATION REQUIRED OF CLIENT IN A TRUTHFUL MANNER. THE PARTIES EACH HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, AND AGREE TO THEM UPON CONFIRMATION OF THE BOOKING OF THE FIRST SERVICE APPOINTMENT AND ALL SERVICES BOOKED IN THE FUTURE.

25. Upon execution by clicking “I accept” or acknowledging electronically that this advisement has been agreed to, the Parties agree that any individual, associate, and/or assign shall be bound by all terms and conditions in THIS AGREEMENT. A facsimile, electronic, or executed copy or acceptance of this agreement, with a written or electronic signature, or checking the “box” on any order form shall constitute a legal and binding instrument with the same effect as an originally signed copy. Client has read above-stated provisions and agrees to accept those responsibilities. Client is at least 18 years of age. If not eighteen years of age, a parent/guardian has also read, understands, and agrees to the above.