TERMS AND CONDITIONS OF ENTRY/PARTICIPATION
IMPORTANT – THIS IS A CONTRACTUAL DOCUMENT AND SIGNING THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS AND RESPONSIBILITIES
RELEASE AND WAIVER OF CLAIMS
The undersigned who is a spectator or participant in dog training/competition activities conducted by AgilityClick ABN 76 699 077 212 (“AgilityClick”) including but not limited to agility, flyball and obedience, in consideration of use of facilities and the right to view or participate in dog training/competition activities covenants and agrees as follows:
General Release. The undersigned hereby releases and waives any claims that the undersigned its heirs, successors, legal representatives assigns or estate may now or hereafter have against the dog training facility, dog training activity sponsor(s), AgilityClick, or its partners (Cathy Slot and Steve Drinkwater), employees, instructors or assigns (“AgilityClick and Associates”) from and against any and all liabilities, losses, damages, costs or expenses of whatever kind or nature, including legal fees and indirect or consequential losses and damages (“Loss”), which the undersigned, children within their control or their dog or property may incur as a result of the undersigned’s activities (including the activities of children within their control or their dog) undertaken at said facility or participation in activities carried on by AgilityClick and Associates including, without limitation, personal injury and damages thereof including loss of income, earnings, bodily injury, pain and suffering, emotional or mental distress and any and all medical expenses regardless of whether or not the loss resulted from the negligence or wilful misconduct of AgilityClick and Associates..
The undersigned also agrees to assume sole responsibility for injury or damage caused by the undersigned, children in the undersign’s charge, or by the dog owned or handled by the undersigned during participation in AgilityClick classes, events and activities and further agrees to indemnify, defend, and hold AgilityClick and Associates harmless from any Loss caused or contributed to by the undersigned, children in the undersigned’s charge or control, or the dog the undersigned owns or handles.
I hereby grant permission to AgilityClick and its representatives to take photographs or videos of me and to make recordings of my voice at the dog training/competition activities conducted by AgilityClick. I further grant to AgilityClick and their representatives the right to reproduce, use, exhibit, display, broadcast and distribute and create derivative works of these images and recordings in any media now known or later developed. I acknowledge that AgilityClick owns all rights to the images and recordings.
I hereby waive any right to inspect or approve the use of the images or recordings or of any written copy. I further waive all moral rights. I also waive any right to royalties or other compensation arising from or related to the use of the images, recordings, or materials. I hereby release, defend, indemnify and hold harmless AgilityClick from and against any claims, damages or liability arising from or related to the use of the images, recordings or materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use in composite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution.
ASSUMPTION OF RISK. The undersigned acknowledges and understands that the dog training activities undertaken involve inherent potential risk of personal injury and death to the undersigned or children within their charge and injury or death to personal property including dogs which may result from the undersigned’s voluntary participation in dog training activities. Such injuries may be caused by other participants or their children, spectators, other participants’ dogs, the undersigned, facility conditions including, but not limited to, the use of equipment, uneven or damaged terrain, the presence of moisture or mud, obstacles and obstructions upon or under the terrain and other natural or man-made conditions which may be hazardous to the undersigned, children in their charge or their dog or create hazards to the undersigned’s activities. The undersigned further acknowledges that these dog training activities are potentially dangerous, that dogs are potentially unpredictable and assumes all risk of injury or death and/or damage to the undersigned, children within their charge and their property including dogs which may result from any reason whatsoever.
STATEMENT OF BEHAVIOUR
I hereby agree to abide by the rules of AgilityClick, including those outlined in any Workshop/Seminar/Class Outline and Booking Form, and agree that no dog shall be physically or verbally reprimanded while engaged in any activity sponsored by or affiliated with AgilityClick, or while on the premises of AgilityClick (with the exception of dogs committing acts of aggression towards people or other dogs or where such action is reasonably necessary for the safety or protection of any person, property or other dog).
I warrant that my dog(s) is/are not aggressive towards people or other dogs and that I understand I alone am responsible for the behaviour of my dog(s), that any dog, which is out of control, creates an unnecessary disturbance or engages in unsafe or disruptive behaviour, may at the discretion of AgilityClick and Associates be expelled from the event grounds. I verify that my dog and I are in good health, my dog is current on all vaccinations and health examinations. If my dog is on heat, I will advise AgilityClick and comply with any requirements they may have
I agree to indemnify AgilityClick and Associates for any Loss that results in any way from a breach of this warranty.
I will supervise, at all times, any children under 18 years of age accompanying me.
I will also comply with all reasonable instructions/directions by AgilityClick and Associates.
I further understand that any violation of this agreement could lead to the immediate termination of my involvement in the event or activity (including being asked to leave the premises) without refund of any monies paid for that event or activity.
CANCELLATION/TRANSFER POLICY
If you wish to cancel/transfer your booking:
Handlers with Dog
Notice of cancellation received by AgilityClick prior to the start date of your workshop/class:
• The fees paid by you, other than a non-refundable $80-00 admin fee, will be refunded if, and only if, your spot/booking can be filled. If, at the time of cancellation, you have not paid the full amount due for the workshop/class you will remain liable to AgilityClick for the amount payable being $80-00 (if your spot/booking can be filled) or 100% of the amount payable (if your spot/booking cannot be filled).
Request to transfer to an Auditor position received by AgilityClick prior to the start date of your workshop/class:
• The fees paid by you, other than the amount due for your Auditor position, will be refunded if, and only if, your spot/booking can be filled. If, at the time of cancellation, you have not paid the full amount due for the workshop/class you will remain liable to AgilityClick for the amount payable being $80-00 or cost of the Auditor position (if your spot/booking can be filled) whichever is the greater, or 100% of the amount payable (if your spot/booking cannot be filled).
Whilst you may recommend a replacement, there will be no automatic transfer of your working spot to a handler of your choice. AgilityClick reserves the right to offer the working spot to the next applicant on our list. AgilityClick will do the best it can to maintain an active waiting list, but it cannot guarantee that if you cancel or transfer there will be a waiting list and your spot/booking filled.
Auditors
Notice of cancellation received by AgilityClick at least one month prior to the start date of your workshop/class:
• All fees paid, less a non-refundable $50-00 admin fee, will be refunded.
Notice of cancellation received by AgilityClick less than one month prior to the start date of your workshop/class:
• No refunds. If at the time of cancellation you have not paid the full amount payable for the workshop/class you will remain liable to AgilityClick for 100% of the amount payable.
Cancellations/Change to workshop/class program by AgilityClick
• If, prior to the scheduled start date of the workshop/class series (ie all workshops advertised to be held in Australia by AgilityClick and Associates), AgilityClick has to cancel or reschedule the workshop/ class you will be offered a refund, in full, for any amounts already paid to AgilityClick. AgilityClick and Associates will not be liable for any Loss caused by a cancellation or rescheduling of a workshop/class.
• If, after the scheduled start date of the workshop/class series, the advertised workshop(s)/class(es) cannot be held due to circumstances beyond AgilityClick’s reasonable control, AgilityClick will attempt to reschedule the workshop/class to a mutually convenient time and/or venue or, if rescheduling is not reasonably possible, AgilityClick reserves the right to change the content/delivery of the workshop/class or, if it is not reasonably possible to reschedule or change the content/delivery of the workshop/class, AgilityClick reserves the right to cancel the workshop(s)/class(es). In any event, a refund (in full or part) will be at the complete discretion of AgilityClick and AgilityClick and Associates will not be liable for any Loss that results from the cancellation, rescheduling or alteration of any workshop/class.
The cancellation policy will be strictly enforced and there will be no exceptions to the cancellation policy regardless of the reason that a handler or auditor cancels their workshop/class reservation.
If any provision of this agreement is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of this agreement.
A single or partial exercise or waiver by a party of a right relating to this agreement does not prevent any other exercise of that right or the exercise of any other right.
Any amendments to this agreement must be agreed to by all parties to the agreement and be in writing.
BINDING EFFECT. The foregoing provisions shall be fully binding upon and shall be effective against the undersigned, its heirs, successors, legal representatives assigns or estate and shall apply to the actions of the undersigned personally, the dog handled by the undersigned, children within the undersigned’s control, the undersigned’s family, guests, employees or agents.
