LIABILITY RELEASE AGREEMENT
1. ASSUMPTION OF RISK: The undersigned (“you” or “Participant”) acknowledges that he/she is voluntarily participating in dog training provided by Fortis Canine, LLC with knowledge of the potential dangers. Participant represents that he/she is the owner or guardian of the dog(s) identified in this Agreement. You acknowledge that dogs are unpredictable animals with their own will and drives, and therefore, regardless of training, handling, or environmental circumstances, Fortis Canine, LLC cannot protect against every potential injury, risk, or accident to you, to other persons participating in the training or on the property where the training is taking place, or to dogs. These may include dog attacks, dog bites, and the responsive actions and complications that arise from them, and you understand and acknowledge that such risks are inherent and cannot be eliminated. This Agreement is intended to shift the risk of participating in dog training to you. Do not sign it unless you are willing to assume the risk to yourself, your dog, and others accompanying you of your participation in dog training, including the associated risks of bodily injury, death, or property damage while participating in the dog training and related activities on the property of Fortis Canine, LLC, in your own home, or in a public space.
2. RELEASE OF LIABILITY: Participant agrees that in consideration for being permitted to participate in dog training provided by Fortis Canine, LLC, and/or to use any of Fortis Canine, LLC training’s facilities in connection with dog training, Participant, for himself/herself, and his/her heirs, next of kin, executors, and personal representatives (collectively, “Releasors”), assumes the entire risk associated with participating in such an activity and waives, releases, discharges, and covenants not to sue Fortis Canine, LLC, its directors, officers, members, managers, employees, agents, sponsors, organizers, volunteers, or other representatives, their successors and/or assigns (collectively, “Releasees”), from any and all liability to Releasors for any loss, harm, damage, claim, injury (including death), or accident to the person or property of Participant, Participant’s dog, and any other persons accompanying Participant at the dog training, including any minor children, arising out of or related to participating in dog training or using any facilities or equipment of Fortis Canine, LLC, even if caused by any negligent act or omission of Releasees. Nothing herein is intended to release Releasees from any harm, injury, claim, or damage caused by intentional, wanton, or reckless misconduct.
3. INDEMNIFICATION: You agree that you are and will be responsible for your conduct and the conduct of your dog and others accompanying you (including minor children) at all times. You agree to indemnify and hold harmless Fortis Canine, LLC, its directors, officers, members, managers, employees, agents, sponsors, organizers, volunteers, and other representatives (“Fortis Canine, LLC Personnel”), from any and all claims of injury (including death), loss, cost, expenses, or damage to persons, dogs, or property caused by the acts or omissions of you, your dog, and any other persons accompanying you, including any minor children, during the course of training or related activities, as well as by the conduct of your dog under your own care as a result of following training instructions. This provision applies whether the claims are made by you, members of your family, your accompanying guests, Fortis Canine, LLC Personnel, or third parties.
4. SPECIFIC AUTHORIZATIONS: Fortis Canine, LLC and its personnel are authorized to enter your home during agreed upon days and hours for the purpose of training your dog. You authorize emergency medical care to be provided for your dog by a veterinarian. You will be responsible for any charges related to emergency care, including office visits, procedures, medications, surgeries, etc.
5. NO GUARANTY OF RESULTS: You recognize that the role you play in your dog’s learning process is integral to achieving desired results. You acknowledge and agree that there is no guaranty that your dog will achieve the desired level of training, despite the best efforts of Fortis Canine, LLC. You further understand that the recommendation of any other product or service by Fortis Canine, LLC is not a guaranty of satisfaction with that product or service.
6. PHOTO/VIDEO RELEASE: I grant Fortis Canine, LLC, its representatives, and employees the right to take photographs/videos of me and/or my pet, and to copyright, use, and publish the same in print and/or electronically. I agree that Fortis Canine, LLC may use such photographs/videos of me and/or my pet with or without my name and for any lawful purpose, including, for example, such purposes as publicity, illustration, advertising, and Web content.
7. SAVINGS CLAUSE: You expressly agree that the foregoing assumption of risk, release, waiver, and indemnity provisions are intended to be as broad and inclusive as permitted by applicable law, and that if any portion thereof is held invalid, you agree that the remaining provisions will continue in full force and effect.
8. KNOWING AND VOLUNTARY EXECUTION: By signing and dating this document, you declare that you are at least 18 years of age and competent to sign this Agreement. You acknowledge that you have carefully read this Agreement, understand its contents, and agree to be bound by its terms. You specifically understand that this Agreement includes an assumption of the risk of Fortis Canine, LLC’s negligence and a release of Fortis Canine, LLC’s liability.
Deposit and Payment Policy – FORTIS Canine LLC
Client agrees to pay a non-refundable deposit equal to fifty percent (50%) of the total quoted training fee to secure scheduling and initiate services with FORTIS Canine LLC (“Company”). No training dates or services shall be reserved or performed until such deposit is received. The deposit shall be applied toward the total cost of the training program and constitutes acknowledgment and acceptance of all terms of this Agreement. Unless otherwise expressly agreed to in writing, the remaining balance of the training fee shall be paid in full prior to the commencement of any training services. The Company reserves the right to withhold or refuse services until full payment is received. Any alternative payment arrangements must be approved in writing prior to the start of services and are granted solely at the discretion of the Company. Failure to remit payment as agreed shall constitute a material breach of this Agreement and will result in immediate suspension or termination of services without notice. In such event, all payments made, including the deposit, shall be retained by the Company and are strictly non-refundable under any circumstances, including but not limited to client cancellation, failure to attend scheduled sessions, or termination due to non-payment. Deposits may be applied toward rescheduled services only if notice is provided in accordance with the Company’s scheduling policies, and such rescheduling is approved at the sole discretion of the Company.
Termination of Services Policy – FORTIS Canine LLC
FORTIS Canine LLC (“Company”) reserves the absolute right to suspend or terminate this Agreement and any associated training services at any time, with or without prior notice, where the Company determines, in its sole and reasonable discretion, that continuation of services would compromise the safety, welfare, or well-being of any animal, person, or property, or would otherwise conflict with applicable law or accepted standards of animal husbandry and ethical business practices. Grounds for termination include, but are not limited to, client misconduct; unsafe, aggressive, or disruptive behavior; failure to follow trainer instructions or safety protocols; misrepresentation of a dog’s history, behavior, or medical condition; non-compliance with vaccination or health requirements; or any conduct that interferes with the Company’s ability to provide safe and effective services. The Company shall immediately terminate services upon any reasonable suspicion or evidence of animal cruelty, neglect, abuse, or violation of applicable animal welfare laws, and reserves the right to refuse further services and, where appropriate, report such conduct to the proper authorities in accordance with Georgia law.
In the event of termination under this provision, all services shall cease immediately, and the Company shall have no further obligation to provide training or rescheduling. All payments made, including deposits, shall be retained by the Company and are non-refundable. Client remains responsible for any outstanding balances incurred prior to termination. The Company shall not be liable for any direct or indirect damages, losses, or claims arising from the termination of services under this policy. By entering into this Agreement, Client acknowledges and agrees that these provisions are necessary to ensure the safety, welfare, and humane treatment of all animals and to uphold lawful and ethical standards within the Company’s operations.