Terms and conditions
1.0 Terms of Service
This agreement sets out the terms under which ASH BALDWIN operating under the business name All Or Nothing Dog Sports ABN 17543928731 (All Or Nothing Dog Sports, we, us, our) provides services and/or goods to you or the company which you represent (the Customer, you, yours, handler, user or participant).
You will be taken to have to have accepted these terms and conditions if you sign these terms and conditions or otherwise indicate your assent, or if you order, accept or pay for any goods or services provided by All Or Nothing Dog Sports after receiving or becoming aware of these terms.
2.0 Services
Subject to the terms of this agreement, we agree to provide dog training services through the following:
- Group Classes/Training
- Private 1on1 classes
- Workshops
- Other services we may offer
3.0 Disclaimer
3.1 To the maximum extent permitted by the applicable law, the Customer is responsible for any damage, injury caused by the Customer, Accompanying Persons and their Nominated Dog(s), to us, the facility, and any third-party property, persons and animals at 576 Koroit - Port Fairy Road, Koroit VIC 3282.
3.2 The facility is intended for strenuous activity and includes obstacles such as dog walk(s), A-frame(s), see-saw(s), hurdles, cones, tunnels, weave poles, tyre(s), long jump(s) and other equipment. The Customer acknowledges the risks associated with the use of the equipment and acknowledge they will, to the maximum extent permitted by law, hold us, and our staff, harmless from any action, claims, liability or loss, including but not limited to personal injury, injury to dog or property damage or loss, with respect of the use of the equipment or other facilities at the Arena, in close proximity to the Arena, and the property at 576 Koroit - Port Fairy road, Koroit.
4.0 Dogs in Attendance
Dogs in attendance must have a current C5 vaccination or a valid titre test. Proof of vaccination or titre will be requested upon booking. It is the responsibility of the owner to be vigilant and protect their dog from ticks and snakes. Dogs in attendance must be always kept on leash when entering & exiting the venue and must be secured in a crate for the duration of the session unless working. All Or Nothing Dog Sports reserves the right to require a certain level of training to be able to attend group classes. All Or Nothing Dog Sports reserves the right to refuse service if the dog displays aggression or behavioural problems that pose a risk to other customers and dogs. Bitches in season are permitted on the premises provided they are kept away from other dogs.
5.0 Social Media
5.1 You acknowledge and accept that during the provision of the Service, we may take photographs and/or make audio or other media recordings in which you may appear. You consent to such material being copied or reproduced (whether by photo, film or other digital, electronic or printed media), as we may in our sole discretion determine. We may use such material for the purpose of marketing and promoting the Service, without acknowledgment to you and without entitlement by you to any remuneration or compensation now or in the future.
5.2 You agree that you will have no further rights to the material, including moral rights and copyright.
5.3 We agree not to use the material in a manner that may be deemed adverse or defamatory to you. We further agree that your personal details (including your name) will not be used in the featured material without your express consent.
6.0 Payments & Refunds
6.1 You acknowledge and accept that your registration for the Service will not be valid until the full price of the services is paid at the time of registration. If we do not receive the payment within 48 hours of booking, then your registration will automatically be cancelled without notice. It is your responsibility to ensure that you have made a valid booking.
6.2 By purchasing a Service on the Website, you are agreeing to your payment being processed through the secure online Squarespace payment system or Paypal.
6.3 Should you elect to terminate your registration after the commencement of the Service due to a change of mind or circumstance; you will not be entitled to a refund of any fees paid to us.
6.4 Should you wish to reschedule a booking; you must provide us with at least four 48 hours notice prior to the commencement of the training sessions. We reserve the right to charge an administration fee in the event that you fail to give us the minimum notice required. We do not charge a fee if rescheduling occurs more than 48 hours in advance of Booking Time Slot.
6.5 While we understand that some circumstances may not be avoidable and result in cancellation, we do not ordinarily offer refunds for missed sessions.
6.6 Payments will only be reimbursed for cancellations for a Service in limited circumstances, at our discretion.
6.7 In the event a refund is issued, an administration fee of $25.00 will be deducted from the payment.
6.8 We may offer a session credit in limited circumstances, at our discretion.
8.0 Customer Obligations
8.1 You warrant that the information you provide to us about yourself and your dog is true, accurate, current and complete as prompted by the registration form. You agree that you will promptly advise us of any changes to the information provided. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we reserve the right to suspend or terminate your registration and refuse any and all current or future provision of the Service (or any portion thereof).
8.2 You warrant that you have disclosed to us any and all behavioural issues relating to your dog, in particular any dangerous temperament your dog may have, and you expressly agree to advise us promptly should this warranty become untrue or inaccurate. You release and indemnify us for any loss suffered as a result of your failure to make the relevant disclosure to us.
8.3 You agree that whilst participating in our Services you will not act in a way that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; allow your dog to harm us or our clients in any way; and unreasonably interfere with or disrupt the Service or disobey any of our reasonable requirements, procedures, policies or regulations.
8.4 We reserve the right (but not the obligation), in our sole discretion to refuse, or remove any person (including you) or dog from a session if they violate the terms of this Agreement or is otherwise objectionable.
8.5 Treatment of dogs. We will not tolerate any aggressive or demeaning treatment towards your dog/s and/or other clients dog/s. We have the right to terminate any service/s and/or ask you to leave the premises if this behaviour occurs.
9.0 Indemnity
9.1 You agree to release and indemnify us and hold our officers, agents and employees harmless from any claim or demand, including reasonable legal fees incurred by us:
a) as a result of your breach of this Agreement and/or your negligent acts or omissions in the use of the Service;
b) for any loss, injury, or death of any animal in our care other than as a result of our negligent acts or omissions.
9.2 In the case of subsection 9.1(b), you agree to wholly release and indemnify us with respect to any medical, veterinary or other related costs that we may reasonably incur.
10.0 Limitation of Liability
10.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
10.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
10.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
10.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
10.5 In no case shall All Or Nothing Dog Sports, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
11.0 General Information
11.1 Intellectual Property: You acknowledge and accept that any video tutorial, notes or other material (“our property”) we provide you within the service belong to us. You agree not to distribute our property to any other party without our express written consent. You understand that a breach of this term may result in legal action being taken against you. You agree to fully indemnify us for any legal fees or costs we incur as a result of such action.
11.2 Entire Agreement: This Agreement constitutes the entire agreement between you and us and governs the use and provision of the Service, superseding any prior agreements between you and us with respect to the Service.
11.3 Choice of Law and Forum: This Agreement and the relationship between you and us will be governed by the laws of Victoria. You and we agree to submit to the personal and exclusive jurisdiction of the courts of Victoria.
11.4 Waiver and Severability of Terms: Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
12.0 Privacy Policy
12.1 Information provided to us through the registration process and certain other information about you is subject to our Privacy Policy. You acknowledge and accept that by registering for the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.
All terms and conditions have been created to ensure the safety and enjoyment of Customers at all times. These also ensure fair and equitable conditions for all using our facility.
