TERMS & CONDITIONS

Definition

• Agreement means the quotation, acceptance and the following terms and conditions.

• Work or works means behaviour consultation, training, handouts, written report, behaviour program, training program created by Emma’s Dog Behaviour and Training. It may also describe other services such as administrative, training meetings and other tasks which are necessary in the creation of the program.

• Emma’s Dog Behaviour and Training means Emma’s Dog Behaviour and Training and it can also extend to Emma Colclough.

• The Client means the individual who requested the work.

​Entire Agreement

• These terms and conditions apply to all sales and services by Emma Colclough, Emma’s Dog Behaviour and Training, to the exclusion of any other terms unless otherwise agreed in writing.

• By booking a session and paying the session fees, the Client is agreeing to these terms and conditions.

• They reserve the right to update these Terms and Conditions at any time by notice and with immediate effect.

• These terms and conditions shall prevail over all terms and conditions of your customary practice or any previous course of dealings the client has had with Emma’s Dog Behaviour and Training.

• These terms and conditions apply to all work created by Emma’s Dog Behaviour and Training. Work services or products are only supplied in strict accordance with these terms and conditions.

• These terms and conditions shall be subject to English Law.

• The contents contained in the quotation (verbal or written) and these Terms and Conditions form the agreement between Emma’s Dog Behaviour and Training and the Client relating to the work, no variation on them will be binding to Emma’s Dog Behaviour and Training unless it is agreed in writing and signed by Emma’s Dog Behaviour and Training (Emma Colclough).

• Each clause of this Agreement is independent and operates separately in its own right.

• By agreeing to these terms and conditions your statutory rights are not affected.

• Should Emma’s Dog Behaviour and Training decide to waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Emma’s Dog Behaviour and Training to waive the same clause on any other occasion.

• Any alterations or variations of these terms and conditions shall be inapplicable unless agreed in writing by all parties concerned before commencement of any work.

• Ordering services or using work created by Emma’s Dog Behaviour and Training is automatically agreeing to these terms and conditions.

• This contract shall be governed by the laws of England and both parties shall submit to the non-exclusive jurisdiction of the English courts.

Guarantee

• Emma’s Dog Behaviour and Training shall create the agreed work for the use of the client. The client may use the work or works only in its original form and only for its original use for the animal named and described within the work.

• Behaviour work cannot be guaranteed with any animal.

• Emma’s Dog Behaviour and Training shall create a behaviour and training programme to the specifications of the problems assessed at the first training session and will make amendments to the training and behaviour programme accordingly.

• The training and behaviour programme is specific to the dog(s) that the programme has been designed for and should not be used in part or whole with any third party.

• The client shall agree not to sell, destroy, deface, alter or part with work created by Emma’s Dog Behaviour and Training or permit it to be given or done so by any third party.
   

General

• ​Work created by Emma’s Dog Behaviour and Training is charged to the client at the agreed amount.

• The full charge of the service is payable in advance of the session, in order to secure the booking.

• Deadlines set in the agreement will not affect Emma’s Dog Behaviour and Training right to be paid.

• If work is cancelled the client shall reimburse Emma’s Dog Behaviour and Training for any and all losses arising. In the event that work is cancelled, ownership of the work remains the property of Emma’s Dog Behaviour and Training and the Client is not authorised to use any part of the work.

• Ownership of the work shall not pass to the client until all charges have been paid in full.

• All work created by Emma’s Dog Behaviour and Training for the client is to be used for the sole purpose for which it was created. The client does not have the right to resell work created by Emma’s Dog Behaviour and Training or repurpose it without written consent from Emma’s Dog Behaviour and Training.

• Emma’s Dog Behaviour and Training is entitled to assign any or all of its rights and obligations included in this agreement to third parties.

• Emma’s Dog Behaviour and Training will not be responsible for the creation of work which in any way contravene any existing Legislation and in particular the Trade Description Act 1968 and the Consumer Credit Act 1974.

• Emma’s Dog Behaviour and Training reserves the right to refuse to provide service or create work at its own discretion.

• Emma’s Dog Behaviour and Training cannot always guarantee to start work immediately.

• If no timescale has been agreed for a service Emma’s Dog Behaviour and Training will not be responsible for any losses to the client if deadline is not met.

• Once the work meets the terms of the quotation with its specifications any modifications to the work will be considered an amendment to the contract and charged accordingly.

• Amendments to programmes and training/classes may incur an additional charge beyond that of the original invoice.

• All amendments must be agreed by both Emma’s Dog Behaviour and Training and the client.

• Amendments may exceed original deadlines agreed by Emma’s Dog Behaviour and Training and the client.

• Behaviour and training programmes are completed within the agreed timescale– this is confirmed at time of booking.

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Payment

• The client shall pay Emma’s Dog Behaviour and Training the full price of the service, in advance of any session, in order to secure the booking.

• Until receipt of payment has been confirmed by Emma’s Dog Behaviour and Training, any booking is not valid.

• Emma’s Dog Behaviour and Training expects payment in full by electronic bank transfer or cash.

• All quotes and tenders are valid for a period of thirty days.

• Interest will be charged per day on all payments received outside of payment terms at the rate of eight per cent above the Bank of England Base Rate as applicable on the previous 31 December or 30 June whichever is the most recent.

• Whilst outstanding payment is due Emma’s Dog Behaviour and Training reserves the right to withhold the designs services or goods.

• Any payment returned by the bank or card company will incur £10 admin charge as well as any charges made by the bank.

• In case collection proves necessary, the client agrees to pay all fees (including all legal fees and court costs) incurred by that process. If for any reason whatsoever Emma’s Dog Behaviour and Training are unable to provide an agreed product or service in accordance with these terms and conditions our liability shall be limited in its entirety to a proportional refund of any fees paid by you for the service or product.

• All administrative fees to third parties and the time taken to organise will be charged to the client irrespective of any quoted amount set out in the quotation with its specifications.

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Sale of Goods 

• By booking a session, you agree to these Terms and Conditions which form the only agreement between us. Emma Colclough reserves the right to make changes to the items shown on this website and to remove styles and goods.

• We have made every effort to ensure that the colours and images used on this website give a good representation of the products themselves, but we cannot guarantee this due to monitor resolution/brightness.

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Cancellation and Termination

• Emma’s Dog Behaviour and Training may, by written notice, terminate any agreement at its discretion:

• If the client fails to pay which has become overdue.

• Full payment will be due if the Client cancels their appointment within 48 hours of the appointment and are non-refundable.

• Any deposits paid before the appointment are non-refundable.

• If the client breaches any of the terms of the agreement.

• If Emma’s Dog Behaviour and Training discovers that the client’s use of work produced is unethical misleading or morally corrupt.

• If the client’s use is in anyway harmful to Emma’s Dog Behaviour and Training or its reputation.

• A service will be deemed as cancelled if there is more than 30 days from the first training or consultation.

• No refunds will be issued.

• If a package is cancelled by the client, after the first session has taken place, no refunds will be issued. However, the remaining sessions will be available to the client when they wish to use them.

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Emma's Dog Behaviour and Training Liability

• Emma’s Dog Behaviour and Training shall have no liability under any circumstance whatsoever to the client for financial loss or loss of profit.

• Emma’s Dog Behaviour and Training will not be held responsible under any circumstances whatsoever to the Client for a lack of time, effort, and circumstances from the work.

• In no event will Emma’s Dog Behaviour and Training be liable to the client or any third party for damages or losses.

• Emma’s Dog Behaviour and Training will not be liable for any loss, injury, or liability to the client.

• Handlers and/or owners remain responsible for their dogs at all times and are advised to ensure they have adequate pet or household insurance cover for liability in the unlikely event of damage or injury caused by their dog to property or to a third party.

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Communication

• Emma’s Dog Behaviour and Training preferred method of communication is by email. However, documents can be sent by traditional post, if no email address is available, this will incur a postal fee to send through reports to the client at the current postal rate and packaging.

• Emma’s Dog Behaviour and Training shall not be held responsible for spelling mistakes or typing errors to any documents. Signatures are not required to start a contract; verbal communication, email or other exchanges are legally binding.

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Copyright

• All material, both text and images included in documents are the property of Emma’s Dog Behaviour and Training.

• Emma’s Dog Behaviour and Training holds copyright of all work created.

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Advice

• The information and any treatment suggested consists of Emma’s Dog Behaviour and Training personal views and are based on the information given to Emma’s Dog Behaviour and Training by the client or person responsible for the animal(s) and or Emma’s Dog Behaviour and Training own conclusions resulting from personally gained evidence of the animal and the related behavioural problem.

• Treatment plans, for the most part, will not be successful overnight. This requires a good deal of patience and consistency. Emma’s Dog Behaviour and Training cannot guarantee that this will work, as each animal is an individual case, nor is it possible to foresee if another problem may arise. All programs are specific to a certain animal and should not be tried on any other pet, only the animal whose name that appears on the information.

• Emma’s Dog Behaviour and Training encourages clients to contact their veterinary surgeon prior to putting the actions into effect, if they are concerned. By booking one of Emma’s Dog Behaviour and Training services, you are agreeing to these Terms and Conditions. Once booked and paid for, there is no refund available.

• Emma’s Dog Behaviour and Training reserves the right to cancel or change an appointment at any time by notice with immediate effect, without cause. By booking you will agree to keep the date and time of the consultations. If changes to the date and/or time need to be altered by the Client, then 48 hours’ notice must be given, otherwise the agreed Payment is payable in full.

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Bookings

• Emma’s Dog Behaviour and Training will send you a receipt when payment is made in full, in advance of the service.

• If you need to cancel the training session, then unless Emma’s Dog Behaviour and Training is notified within 48 hours, the agreed Payment is payable in full. No refund is given.

• Whilst every care is taken to ensure the safety of both you and your dog whilst attending the training/behavioural consultation with Emma’s Dog Behaviour and Training, please note that no responsibility can be accepted by Emma’s Dog Behaviour and Training for any injury to yourself or your dog, or any sickness or disease contracted whilst in the field or car park or premises.

• Owners will not be permitted to use any piece of equipment during the session unless shown by Emma’s Dog Behaviour and Training and they have been given guidance on how to use the equipment safely.

• By booking and paying for this service, the Client agrees to have read the above conditions relating to training with Emma’s Dog Behaviour and Training and agree to be bound by them.

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