WAIVER AND RELEASE OF LIABILITY

a). As a condition of engaging Elite Canine International (ABN 12 231 363 700) (including any entity, agent, contractor, employee or person associated with Elite Canine) (“Elite Canine”) to provide ‘pet sitting’ services, ‘dog training’ services or any such other services wherever provided (collectively, “the Services"), all customers must ACKNOWLEDGE all risks associated with the provision of the Services and ASSUME LIABILITY OF ALL SUCH RISKS.

b). By signing this Waiver, you hereby ACKNOWLEDGE and AGREE:

 i. you are aware of all such risks associated with Elite Canine providing the Services, including (but not limited to) damages to personal property, injuries, diseases, loss/theft, or death pertaining to your pet(s), which also includes but not limited to, cuts or puncture wounds, scratches/chewing on personal belongings, walls, or flooring, accidental disease from outside or the petsitter themselves, and loss of pet by escaping through the door or gate, or being stolen from the property;

ii. that pets and their behaviour (including your pet(s)) are often unpredictable in nature and whilst Elite Canine will do all things reasonably necessary to provide the Services with due care and skill, there is an inherent risk that your pet(s) will come into contact with other third party pets and/or persons, and to the extent Elite Canine has not acted negligently in providing the Services, (a) Elite Canine will have no liability to you for any damage, harm, costs, injuries, disease or losses incurred by you or your pet(s), and (b) you agree to hold Elite Canine harmless from any damage, harm, costs, claims, injuries, disease or losses arising from your pet(s) (including the acts of your pet(s)), arising from or in connection with the provision of the Services (including attending walks, pet sitting, dog training or any other ancillary service or activity in connection with the provision of the Services);

iii. in releasing your pet(s) in Elite Canine’s care, Elite Canine you warrant to Elite Canine that your pet(s) is/are in good health and have not harmed or shown aggressive or threatening behaviour towards any person or any other animal (except as you have disclosed to Elite Canine under clause 1.b(iv));

iv. you have informed Elite Canine and provided all relevant details to the extent your pet(s) has/have physical limitations, ailments, or physical/mental disabilities that would cause your pet to be uncomfortable, aggressive, or contagious towards other animals or people;

v. you indemnify and hold Elite Canine harmless to from any claim, loss, damage or injury which arises in connection with you failing to disclose fully and accurately any matter in clause 1.b(iii) and (iv) above.

vi. whilst your pet is in the care/custody of Elite Canine and to the extent you are unreachable in the case of an emergency (as determined by Elite Canine in their sole discretion), you authorise Elite Canine, its agents and/or representatives to seek immediate veterinary care for your pet(s). You further understand that all costs in connection with, veterinary, medical or other treatment shall be your responsibility;

vii. you are aware of the inherent risks involved in participating in any training offered by Elite Canine and agree that any injuries, loss or damage suffered by you or your pet(s) while participating in such training or otherwise is your full responsibility and liability;

viii. your participation in any training offered by Elite Canine does not qualify you as a canine trainer capable or authorised to teach the techniques which you may have observed while under the supervision of the canine instructor providing the training course to any other person or dog. Your participation in any such training is aimed at teaching specific techniques exclusively for use with your own dog(s);

ix. you are solely responsible for any and all expenses incurred by you while participating in any training offered by Elite Canine and Elite Canine, its employees or authorised agents will not reimburse you for any expenses incurred. Further, you also agree and undertake to reimburse Elite Canine in full for any and all agreed (verbal or written agreement) dog related equipment and expenses, including collars, leashes, harnesses, treats and toys etc within 24 hours of receiving such equipment or such expense being incurred;

x. the degree to which a dog is successfully trained is a function of the interest, commitment and cooperation of the owner. You acknowledge and agree that there is no guarantee that your dog will achieve the desired level of training despite the best efforts of the trainers and to the extent your dog fails to achieve the desired level of training, Elite Canine will not be held responsible or provide a refund of any kind; and

xi. to the extent you fail to attend a training (for any reason) which you have registered for with Elite Canine, you will only be entitled to a refund where we approve the same (acting reasonably).

2. LIMIT OF LIABILITY

a). Elite Canine’s liability for a breach of a condition or warranty of services or a contractual arrangement (including a condition or warranty implied by any law including by the Competition and Consumer Act 2010 (Cth)) or otherwise arising under or in connection with the Services is limited to (as Elite Canine may decide):

i. in the case of goods, (i) the replacement of the goods or the supply of equivalent goods or the repair of the goods, or

ii. (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods or of the cost of having the goods repaired; and

iii. in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.

b). Unless not allowed under applicable law, Elite Canine will not be liable to you for any economic loss, consequential, contingent, special or indirect damages arising in connection with the Services.

c). Unless not allowed under applicable law, Elite Canine’s liability to you for all claims not caught by clause 2a is limited to a maximum amount equal to no more than 2 times the amount you have paid for the applicable Services.

3. OTHER

a. Governing Law

i. The laws in South Australia govern this Waiver and the courts of South Australia or the Federal Court of Australia (Adelaide Registry) have exclusive jurisdiction in connection with this Waiver.

ii. The parties submit to the jurisdiction of those courts and any courts that have jurisdiction to hear appeals from those courts.

iii. If a provision of this Waiver would, but for this clause, be unenforceable then the provision must be read down to the extent necessary to avoid that result, and if the provision cannot be read down to that extent, it must be severed without affecting the validity and enforceability of the remainder of this Waiver.

b. Right to Refuse Services

Elite Canine reserves the right to immediately and without notice refuse to provide or continue to provide the Services in circumstances where Elite Canine determines (in its sole discretion and acting reasonably) that the Services are not appropriate for a particular pet or consumer.

c. Entire Agreement

You acknowledge that this Waiver together with any quote for the Services constitutes the whole agreement between the parties and no representations or warranties have been made except as set out herein.

PLEASE READ THE ABOVE CAREFULLY BEFORE SIGNING, YOU MAY BE GIVING UP LEGAL RIGHTS

I certify that I have read the above in its entirety and understand its content. I am 18 years or older and voluntarily agree to the terms and conditions stated above.

SIGNED as a DEED POLL

Signature: ___________________________________

Signature (Witness): ___________________________

(Must be signed by primary handler of pet(s) or legal guardian if handler is under 18 years of age)

Name:___________________________________
Date:____________________________________
Mobile:___________________________________ Email:____________________________________

Name (Witness):___________________________