Terms of Service

DEFINITIONS:

"Client" herein refers to you, the named individual below.

"Trainer" herein refers to the individual dog trainer providing services on behalf of Clear and Kind Canine LLC.

"Dog(s)" herein refers to the canine(s) identified by the Client as receiving services from Clear & Kind Canine, as well as any other dog present during a training session when applicable.

"Bite" herein refers to any instance in which the Dog's teeth make contact with a person or another animal, regardless of whether the contact causes pain, injury, bruising, abrasions, scratches, punctures, lacerations, or breaks the skin.

"Initial Consultation" (also called the "Initial Assessment") herein refers to the first scheduled meeting between the Client and the assigned Trainer for the purpose of discussing the Dog's history, evaluating behavior, identifying training goals, and developing an appropriate training plan.

"Training Session(s)" herein refers to the scheduled training appointments following the Initial Consultation during which the Trainer works with the Client and/or Dog toward the goals identified for the training program.

1. SERVICES

Clear and Kind Canine LLC ("Clear & Kind Canine") provides humane, reward-based dog training and behavior modification services. Training sessions may take place in the Client's home, at mutually agreed-upon public locations, or at other locations determined to be appropriate by the Trainer.

Trainer's training approach is based on a positive reinforcement, humane and ethical philosophy. The Trainer will not use, recommend, or instruct the Client to use aversive training tools, including but not limited to:

• Prong collars, whether metal or plastic

• Fur Saver collars

• Choke or slip collars

• Electronic shock collars, including e-collars

• Citronella spray collars

• Water-spray collars/bottles

The Client agrees not to use the above-listed tools during training sessions or as part of any training or behavior-modification plan provided by Trainer. If Client chooses to use any such tool outside of training sessions or contrary to Trainer's recommendations, Client acknowledges that such use is outside the service agreed upon and will result in this contractual Agreement to be terminated without the possibility of refunds for used training sessions.

Training recommendations may include, as appropriate for the individual Dog and circumstances, behavior modification, management and safety strategies, environmental changes, enrichment, handling skills, conditioning and desensitization, teaching alternative behaviors, and recommendations to consult with a licensed veterinarian or veterinary behavior professional regarding pharmaceutical intervention.

The Trainer will determine which training methods, exercises, management strategies, and recommendations are appropriate based on the Dog's individual needs, behavior, environment, and circumstances. Trainer does not guarantee any particular behavioral outcome or timeframe, and Client understands that training progress may vary based on the Dog, Client participation, consistency, environment, and other factors outside Trainer's control.

2. TRAINING EXPECTATIONS & RESULTS

The Client understands that dogs are individuals and that behavior is influenced by genetics, learning history, environment, health, training, management, and other factors.

Clear & Kind Canine does not guarantee any specific behavioral outcome, degree of improvement, or timeframe for improvement, and does not guarantee that a Dog will permanently stop or never again display any particular behavior.

The Client understands that training progress may vary based on the Dog, the Client's participation and consistency, the home and training environment, and other factors outside Clear & Kind Canine's control.

Training recommendations are intended to improve communication, skills, and behavior and, where applicable, reduce identified risks. Trainer(s) reserve the right to modify the Dog's training plan at any time as the Dog's behavior needs and progress may change over the course of the training.

3. CLIENT RESPONSIBILITIES

The Client agrees to:

• Provide complete and truthful information regarding the Dog's health, behavior, training history, and known risks.

• Inform Clear & Kind Canine of any history of the Dog biting, attempted biting, significant aggression, resource guarding, escape behavior, or other behavior that could present a safety concern.

• Promptly notify the Trainer of any bite, attempted bite, injury, escape, significant behavioral incident, or other safety-related incident involving the Dog. The Client must also promptly notify the Trainer of any significant change in the Dog's health, medical condition, medications, living environment, household composition, or behavior that may reasonably affect the Dog's training, welfare, or the safety of the Dog, Client, Trainer, or any other person or animal.

• Maintain appropriate physical control and supervision of the Dog at all times and take reasonable precautions to prevent the Dog from escaping, injuring any person or animal, or causing property damage.

• For the duration of this Agreement, Client will follow safety, management, and training recommendations for the Dog provided by the Trainer, including recommendations regarding leashes, barriers, crates, muzzles, separation, handling, or other safety measures when applicable.

• Use training equipment as instructed and regularly inspect equipment for wear, damage, or improper fit, as damaged equipment may pose safety concerns. The Client is responsible for replacing equipment that is damaged, worn, or otherwise unsafe.

• Ensure that children, guests, household members, caregivers, and other animals are appropriately managed during Training Sessions and do not interfere with or participate in training unless instructed or approved by the Trainer.

• Ensure that any person responsible for handling or caring for the Dog is informed of and follows applicable safety and management recommendations.

• Seek appropriate veterinary care when illness, pain, injury, medication changes, or other medical factors may be contributing to a change in the Dog's behavior. The Trainer does not diagnose or treat medical conditions.

• Practice and implement training and management recommendations between Training Sessions to the extent reasonably possible and communicate with the Trainer regarding difficulties, concerns, or lack of progress.

• Not intentionally expose the Dog to situations that are known to create an unreasonable risk of injury or behavioral escalation.

4. SAFETY & ASSUMPTION OF RISK

The Client understands that working with dogs involves inherent risks, including but not limited to bites, scratches, falls, escapes, injuries, property damage, and interactions between dogs or between dogs and people. Even dogs with no known history of aggression may behave unpredictably.

The Client voluntarily assumes the ordinary risks associated with dog training and agrees to follow safety instructions provided by Clear & Kind Canine.

Clear & Kind Canine reserves the right to modify, pause, or discontinue an exercise or Training Session when the Trainer reasonably determines that continuing presents an unacceptable safety risk.

5. MEDICAL & VETERINARY CARE

Clear & Kind Canine provides training and behavior services and does not diagnose, treat, or provide veterinary medical care.

Certain behavioral changes may have an underlying medical component. The Trainer may recommend that the Client consult a veterinarian, veterinary behaviorist, or other qualified professional when appropriate. The Client is responsible for obtaining veterinary or other professional care and for all associated costs.

If the Dog or the Client is injured in any way in a Training Session, any cost associated with this event is the sole responsibility of the Client. In no event are the Trainer(s) or Clear & Kind Canine responsible for such veterinary or medical costs.

6. FEES & PAYMENT

Complete payment for all consultations and Training Sessions are due at the time the consultation and Training Session is scheduled in order to reserve that date and time.

Unless otherwise agreed in writing, training packages are intended for the Client and Dog(s) identified in the same household and cannot be transferred.

7. SCHEDULING POLICY

The Client is responsible for scheduling all training sessions through the Acuity scheduling portal and for following the training and management recommendations provided by the Trainer.

• Sessions must be scheduled through the Acuity portal using the Client's available package or purchased session credits.

• The Client is responsible for keeping track of remaining sessions and scheduling sessions within any applicable package expiration period. The training packages expire 180 calendar days from the date of purchase.

• The Trainer may arrive up to 10 minutes early or up to 10 minutes late due to traffic, weather, parking, prior appointments, or other circumstances beyond the Trainer's reasonable control. The Trainer will make reasonable efforts to notify the Client of significant delays. If the Trainer is delayed, the Trainer will make reasonable efforts to provide the full scheduled session time whenever practical.

• If the Client is late, the session will generally end at the originally scheduled time, and the Client will remain responsible for the full session fee. Exceptions may be made at the Trainer's discretion when scheduling permits.

• The Trainer reserves the right to modify the location of a session when weather, safety concerns, environmental conditions, or other circumstances make the originally planned location unsuitable.

• Training packages and unused sessions are subject to the expiration, cancellation, and refund provisions stated elsewhere in this Agreement.

8. CANCELLATIONS & RESCHEDULING

At least 36 hours' notice from the Client is required to cancel or reschedule a Training Session.

Severe Inclement Weather Policy: Clear and Kind Canine LLC reserves the right to cancel or reschedule any appointment due to severe inclement weather.  Trainers will provide alternative locations to conduct a session if necessary. In the event of severe weather that would make arrival to class or training unsafe, we will inform you via phone or e-mail up to two hours prior to the scheduled session.

Cancellations or rescheduling requests made less than 36 hours before the scheduled appointment, as well as missed appointments and no-shows, will result in a $45 late-cancellation/no-show fee. For Clients using a training package, Clear & Kind Canine may, at its discretion, deduct the applicable session from the Client's remaining package sessions instead of charging the $45 fee.

Exceptions may be made at the discretion of Clear & Kind Canine for genuine emergencies or circumstances outside the Client's reasonable control.

If Clear & Kind Canine must cancel or reschedule a session due to illness, severe weather, unsafe travel conditions, emergencies, or other circumstances outside the Trainer's reasonable control, the Client will not be charged a cancellation fee. In such circumstances, the Trainer will make reasonable efforts to provide notice and reschedule the session at a mutually convenient time.

Clear & Kind Canine reserves the right to determine whether weather or other environmental conditions make a scheduled training location unsafe or unsuitable. The Trainer may offer an alternative location or, when appropriate, reschedule the appointment.

9. REFUNDS

Fees for completed Training Sessions and Initial Consultations are non-refundable.

If the Client cancels or terminates services before all prepaid sessions in a package have been completed, any eligible refund will be calculated based on the value of services already provided and the remaining unused sessions, less any applicable cancellation fees and actual non-refundable transaction, credit card, or payment-processing fees incurred by Clear & Kind Canine. These third-party processing fees are strictly non-refundable.

Clear & Kind Canine does not provide refunds based solely on a Client's dissatisfaction with the pace or outcome of behavioral change.

10. TERMINATION OF SERVICES

Clear & Kind Canine may discontinue or decline services when, in the Trainer's professional judgment, the Client's needs or the Dog's behavior fall outside the Trainer's scope of practice or create an unreasonable safety risk.

Services may also be terminated for nonpayment, repeated failure to follow reasonable safety instructions, intentional misrepresentation of the Dog's history or behavior, abusive or threatening conduct toward the Trainer, or requests to use methods inconsistent with Clear & Kind Canine's training philosophy.

When appropriate, Clear & Kind Canine may recommend another qualified professional or veterinary behaviorist.

11. LIABILITY, RELEASE & INDEMNIFICATION

To the fullest extent permitted by Pennsylvania law, the Client acknowledges and accepts the inherent risks associated with dog training and agrees to release and hold harmless Clear and Kind Canine LLC and its owners, employees, contractors, and Trainers from claims arising from the ordinary risks of the Client's participation in training services, except to the extent caused by conduct that cannot lawfully be released or limited under applicable law.

The Client agrees to be responsible for claims, injury to animals or property damage (both public and private) damages, losses, or expenses arising from the Client's or Client's Dog's conduct, including injury to persons, injury to animals, or property damage.

Nothing in this Agreement is intended to waive any right or liability that cannot legally be waived under Pennsylvania law. Clear & Kind Canine's failure to assert any claim under this Agreement at the time a claim may arise does not constitute an absolute waiver of such right.

12. GENERAL TERMS

This Agreement constitutes the Agreement between the Client and Clear & Kind Canine regarding the services described above. Any material changes must be agreed upon by both parties in writing.

If any provision is found unenforceable, the remaining provisions will remain in effect to the extent permitted by law. This Agreement shall be governed by applicable Pennsylvania law.

Electronic signatures and electronically transmitted copies of this Agreement shall have the same effect as original signatures to the extent permitted by applicable law.

13. MEDIA POLICY

Use of Likeness. The Client hereby grants Clear & Kind Canine and its legal representatives and assigns the irrevocable and unrestricted right to use and publish photographs, videos, or likeness of the Client, the Dog(s), and any other individuals in attendance for the Training Session(s), which may include minors, for editorial, trade, advertising, portfolio, website, and any other promotion and social media purposes, in any manner and medium. The Client releases Clear & Kind Canine from all claims and liability relating to said photographs and videos. If the Client wishes to opt-out of social media sharing, a written notice or specific election must be made prior to the execution of this Agreement.

14. DISPUTE RESOLUTION

Who this applies to. This Section applies only to Clients who sign or accept this Agreement on or after November 3, 2026. Clients who signed an earlier version of this Agreement remain bound by that version’s terms unless they sign this version.

Informal resolution first. If a dispute arises out of or relating to this Agreement or the services provided under it, the Client and Clear & Kind Canine agree to first try to resolve it informally by written notice to the other party. Each party will have 30 days to respond and to work toward a resolution in good faith.

Arbitration. Any dispute not resolved within thirty (30) days of written notice will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. If the amount in dispute is $10,000 or less, the arbitration shall be conducted by one neutral arbitrator, who is either an attorney or retired judge. If the amount in dispute is more than $10,000, the arbitration shall be conducted by three neutral arbitrators, all of whom are either an attorney or retired judge. The Parties shall agree on an arbitrator(s) within fifteen (15) days after the demand is filed; if they do not agree, the arbitrator(s) shall be appointed by the AAA in accordance with its Consumer Arbitration Rules. The arbitration shall take place in Montgomery County, Pennsylvania, and the Client may take part virtually. Clear & Kind Canine shall pay all AAA administrative fees and arbitrator compensation beyond the consumer’s filing fee as set by the AAA Consumer Fee Schedule. The arbitrator(s)’s decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

Small claims. Either party may instead bring a claim in the Magisterial District Court for Montgomery County, Pennsylvania, if the claim qualifies for that court’s jurisdiction.

Individual claims only. Disputes will be resolved only on an individual basis, not as a class, collective or representative action.

JURY TRIAL WAIVER. BY AGREEING TO ARBITRATION, THE CLIENT AND CLEAR & KIND CANINE EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR IN COURT, EXCEPT FOR QUALIFYING SMALL CLAIMS AS STATED ABOVE.

CLIENT ACKNOWLEDGMENT

By checking the box, I confirm that I have read and understand this Agreement; have provided truthful and complete information about my Dog and disclosed known safety or behavioral concerns; understand that dog training involves inherent risks and that behavioral outcomes cannot be guaranteed; agree to follow reasonable safety and training recommendations provided by Clear & Kind Canine; and understand my responsibilities as the Dog's owner/handler.