Client Participation Agreement
1.
K9 Fitness Mobile Dog Gym
Client Participation Agreement
Assumption of Risk, Release of Liability, and Terms of Service
Effective Date: August 1, 2026
This Client Participation Agreement ("Agreement") is entered into between K9 Fitness, LLC, a South Carolina limited liability Company doing business as K9 Fitness Mobile Dog Gym ("K9 Fitness," "Company," "we," "our," or "us"), and the undersigned client ("Owner," "you," or "your"). K9 Fitness provides mobile canine fitness Services under the trade name K9 Fitness Mobile Dog Gym. Throughout this Agreement, the business will be referred to simply as "K9 Fitness."
Thank you for choosing K9 Fitness to help improve your Dog’s health, fitness, and overall well-being. Our goal is to provide safe, individualized canine fitness sessions in a positive, low-stress environment using professionally maintained, non-motorized canine slat mills and personalized coaching.
This Agreement explains the terms and conditions under which K9 Fitness provides its Services. It is intended to clearly define the rights, responsibilities, obligations, and expectations of both you and K9 Fitness.
By creating an account, scheduling a service, purchasing a package or subscription, completing an online booking or payment, electronically signing this Agreement, or allowing your dog to participate in any K9 Fitness service, you acknowledge that you have carefully read this Agreement, understand its contents, and agree to be legally bound by all of its terms and conditions.
If you do not agree to the terms of this Agreement, you must not use K9 Fitness Services or permit your dog to participate in any K9 Fitness activity.
2. ABOUT K9 FITNESS
K9 Fitness, LLC provides mobile canine fitness Services under the trade name K9 Fitness Mobile Dog Gym. Throughout this Agreement, the business is referred to as "K9 Fitness."
K9 Fitness provides individualized exercise sessions for dogs using professionally maintained, non-motorized canine slat mills inside a climate-controlled mobile training vehicle.
Each session is tailored to the individual dog based on factors including age, physical condition, fitness level, temperament, experience, and the goals discussed with the Owner.
K9 Fitness provides supervised canine fitness and conditioning Services designed to promote healthy physical activity, cardiovascular fitness, endurance, weight management, confidence, and mental stimulation.
Owners remain solely responsible for obtaining appropriate veterinary advice regarding their Dog’s health and determining whether their dog is medically fit to participate in K9 Fitness Services.
2.1 Our Commitment
At K9 Fitness, the health, safety, and well-being of every dog are our highest priorities. We are committed to providing individualized canine fitness Services in a safe, positive, and encouraging environment while treating every dog with patience, compassion, and respect.
We believe every dog deserves the opportunity to live a healthier, happier, more active life. Our policies, procedures, and safety standards are designed not only to protect K9 Fitness, but also to establish clear expectations that allow us to provide the highest level of care for every dog entrusted to us.
3. DEFINITIONS
For purposes of this Agreement, the following definitions apply:
"Company" means K9 Fitness, LLC, a South Carolina limited liability Company doing business under the trade name K9 Fitness Mobile Dog Gym, together with its Owner, employees, representatives, contractors, and authorized agents.
"Owner" means the individual who owns, possesses, controls, or is otherwise legally authorized to make decisions for the participating dog.
"Dog" means the canine identified during the booking process or any canine later added to the Owner's account.
"K9 Fitness Coach" means a Company representative authorized to conduct supervised canine fitness sessions and safely operate Company Equipment in accordance with Company procedures.
The title "K9 Fitness Coach" is a Company job title and should not be interpreted as representing any governmental license, veterinary credential, or professional certification unless expressly stated by the Company.
"Services" means all introductory sessions, individualized exercise sessions, consultations, subscriptions, assessments, evaluations, and any other canine fitness Services offered by K9 Fitness. Except in the event of an emergency requiring veterinary transport as authorized by this Agreement, Services do not include transportation of the Dog.
"Equipment" includes slat mills, harnesses, leashes, tethers, safety Equipment, climate-control systems, and all other Company-owned Equipment used during a session.
"Premises" means the Company's mobile training vehicle and any property where Services are provided.
"Dog Fitness Profile" means the intake questionnaire, health history, behavioral information, veterinary information, and other information provided by the Owner regarding the Dog.
4. Services Provided
4.1 Nature of the Services
K9 Fitness provides individualized canine fitness and exercise sessions using non-motorized canine slat mills and other fitness activities designed to promote physical conditioning, cardiovascular health, endurance, confidence, weight management, and overall physical and well-being.
Each session is tailored to the individual Dog’s age, physical condition, experience, temperament, fitness level, and exercise goals. Session intensity, duration, and activities may be adjusted at any time based on the K9 Fitness Coach's observations and professional judgment regarding the Dog’s comfort, safety, and willingness to participate.
4.2 Exercise Services Only
The Services provided by K9 Fitness are limited to canine fitness and exercise.
K9 Fitness does not provide veterinary medicine, veterinary rehabilitation, physical rehabilitation, behavioral therapy, medical diagnosis, medical treatment, or any other licensed veterinary or healthcare Services. Nothing provided during a session should be interpreted as veterinary advice or as a substitute for examination, diagnosis, or treatment by a licensed veterinarian.
Owners remain solely responsible for obtaining appropriate veterinary care for their dog before, during, and after participation in the Services.
4.3 Individualized Training
Every dog responds differently to exercise. K9 Fitness does not follow a standardized workout program. Instead, each session is customized based on the Dog’s individual needs, conditioning, confidence, behavior, and progress over time.
The K9 Fitness Coach may modify, shorten, pause, or discontinue any exercise activity whenever the K9 Fitness Coach reasonably determines that doing so is appropriate for the safety or well-being of the Dog.
4.4 Positive Exercise Philosophy
K9 Fitness strives to create a safe, encouraging, and positive experience for every dog. Exercise sessions are intended to build confidence while promoting healthy physical activity.
K9 Fitness does not use exercise methods intended to force a dog beyond its physical or emotional limits. Rest breaks may be provided whenever appropriate, and the Company reserves the right to discontinue any session if continued participation is determined to be unsafe or not in the Dog’s best interest.
4.5 No Guarantee of Results
Because every dog is unique, K9 Fitness cannot guarantee any particular outcome or result from participation in the Services.
While many dogs experience improvements in fitness, endurance, body condition, confidence, behavior, or overall well-being, individual results depend upon numerous factors, including the Dog’s health, age, genetics, temperament, consistency of exercise, nutrition, veterinary care, and participation in activities outside of K9 Fitness.
4.6 Service Area
Services are provided at locations approved by K9 Fitness within the Company's service area. The Company reserves the right to decline, reschedule, or discontinue Services if a location is determined to be unsafe, inaccessible, outside the service area, or otherwise unsuitable for providing Services safely. Nothing in this Agreement obligates K9 Fitness to provide Services at any location where the Company reasonably believes safe operation cannot be maintained.
5. Eligibility to Participate
Participation in K9 Fitness Services is conditioned upon the Owner's continued satisfaction of the eligibility requirements set forth in this Section. By scheduling or participating in the Services, the Owner represents and warrants that each of the following statements is true, complete, and accurate to the best of the Owner's knowledge.
5.1 Authority
The Owner represents, acknowledges, and agrees that they are at least eighteen (18) years of age and are the legal Owner of the dog or are otherwise authorized by the legal Owner to enroll the dog in K9 Fitness Services and to enter into this Agreement.
5.2 Health of the Dog
The Owner represents that, to the best of their knowledge, the dog is healthy enough to participate in supervised physical exercise and has not been diagnosed with, or is not currently exhibiting, any illness, injury, or medical condition that would make participation unsafe unless such condition has been disclosed to K9 Fitness in advance and participation has been approved by the Dog’s licensed veterinarian.
The Owner further agrees to notify K9 Fitness of any changes to the Dog’s health, medications, physical condition, or exercise restrictions before each scheduled session
5.3 Veterinary Care
The Owner represents that the dog is under the care of a licensed veterinarian and has received appropriate preventive veterinary care.
The Owner further represents that the dog is current on all vaccinations required by applicable law and on those vaccinations recommended by the Dog’s veterinarian based on the Dog’s age, lifestyle, and health.
The Owner further represents that they have not been advised by a licensed veterinarian that the dog should avoid vigorous exercise or that participation in the Services would be medically inappropriate.
5.4 Behavior
The Owner agrees to disclose any known behavioral concerns that could affect the safety of the dog, the K9 Fitness Coach, or others, including but not limited to aggression, fearfulness, resource guarding, bite history, escape tendencies, anxiety, or sensitivity to handling, Equipment, unfamiliar people, or new environments.
Disclosure of a behavioral concern does not automatically disqualify a dog from participation. K9 Fitness will evaluate each dog individually to determine whether Services can be provided safely.
5.5 Accurate Information
The Owner agrees that all information provided to K9 Fitness, including information contained in the Dog Fitness Profile and any future updates, is complete and accurate to the best of the Owner's knowledge.
The Owner understands that K9 Fitness relies upon this information in determining whether and how Services should be provided. Failure to provide accurate or complete information may affect the Company's ability to provide Services safely.
The Owner agrees to promptly update K9 Fitness whenever previously provided information becomes inaccurate or incomplete.
5.6 Right to Request Additional Information
K9 Fitness reserves the right to request additional information, veterinary documentation, or clarification regarding a Dog’s medical condition, behavioral history, or exercise limitations before providing or continuing Services whenever the Company reasonably determines such information is necessary for the safety and well-being of the dog or others. Failure to provide requested information may result in the postponement, modification, or refusal of Services until the requested information has been received and reviewed by K9 Fitness.
6. Assumption of Risk
6.1 Acknowledgment of Inherent Risks
The Owner understands and acknowledges that participation in canine fitness and exercise activities involves inherent risks that cannot be completely eliminated, even when reasonable care is exercised.
Although K9 Fitness is committed to conducting sessions in a safe, controlled, and supervised manner, the Owner understands that dogs are living animals whose behavior, physical responses, and reactions cannot always be predicted.
6.2 Examples of Potential Risks
The Owner understands that participation in the Services may involve risks including, but not limited to:
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Muscle soreness, strains, sprains, or soft tissue injuries;
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Fatigue or overexertion;
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Slips, trips, falls, or loss of footing;
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Paw pad irritation or minor abrasions;
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Aggravation of pre-existing injuries or medical conditions;
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Stress, anxiety, or behavioral reactions;
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Equipment-related incidents despite reasonable inspection and maintenance;
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Unexpected medical emergencies unrelated to negligence by K9 Fitness; and
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Other injuries or conditions that may arise from physical exercise or participation in canine fitness activities.
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The Owner understands that this list is intended to provide examples only and is not exhaustive.
6.3 Individual Risk Factors
The Owner acknowledges that every dog is unique and that the likelihood and severity of potential risks may vary based upon factors including, but not limited to, the Dog’s age, breed, size, physical condition, medical history, temperament, conditioning, previous exercise experience, medications, and any undisclosed or unknown medical conditions.
6.4 Voluntary Participation
The Owner voluntarily chooses to enroll the dog in K9 Fitness Services with full knowledge and understanding of the inherent risks associated with physical exercise.
The Owner further acknowledges that participation is voluntary and that they may discontinue Services at any time.
K9 Fitness may reduce, modify, pause, or discontinue any exercise session whenever the K9 Fitness Coach determines that doing so is in the best interest of the Dog’s safety, health, or overall well-being. The Owner understands and agrees that such decisions are made solely to protect the welfare of the dog and do not constitute a failure to provide the Services.
6.5 Assumption of Risk
To the fullest extent permitted by applicable law, the Owner knowingly and voluntarily assumes all ordinary and inherent risks associated with the Dog’s participation in the Services, except to the extent that an injury or loss is determined by a court of competent jurisdiction to have resulted from the gross negligence, willful misconduct, or intentional wrongdoing of K9 Fitness.
7. Owner Responsibilities
The safety and success of each exercise session depend upon cooperation between the Owner and K9 Fitness. The Owner agrees to the following responsibilities throughout the duration of the Services.
7.1 Accurate Information
The Owner agrees to provide complete and accurate information regarding the Dog’s health, behavior, medications, physical limitations, exercise history, and any other information that could affect the safety or suitability of the Services.
The Owner further agrees to promptly notify K9 Fitness of any changes to this information before the next scheduled session.
7.2 Health Changes
The Owner agrees not to allow the dog to participate in a scheduled session if the dog is known or reasonably believed to be ill, injured, recovering from surgery, experiencing unexplained pain, showing signs of contagious illness, or otherwise not fit for physical exercise.
If the Dog’s condition changes before a scheduled appointment, the Owner agrees to notify K9 Fitness as soon as reasonably possible.
7.3 Veterinary Recommendations
The Owner agrees to follow any exercise restrictions or limitations recommended by the Dog’s licensed veterinarian and to communicate those restrictions to K9 Fitness before participation.
7.4 Safe Access to the Dog
The Owner agrees to provide a safe means for the K9 Fitness Coach to access the dog and, when applicable, the property where Services will be provided.
If the Owner will not be present during the appointment, the Owner agrees to provide accurate entry instructions and ensure that the dog can be safely retrieved and returned.
7.5 Equipment and Harnesses
The Owner agrees that the dog will wear an appropriately fitted harness suitable for exercise on the slat mill. If, in the judgment of the K9 Fitness Coach, the Owner's harness is unsafe, improperly fitted, damaged, or otherwise unsuitable, a K9 Fitness Coach may require the use of Company-provided Equipment for the duration of the session.
7.6 Nail Maintenance
The Owner agrees to ensure that the Dog's nails are properly trimmed and maintained prior to each scheduled exercise session. Unless otherwise approved by K9 Fitness, the Owner agrees that the Dog's nails will be trimmed within seven (7) days before each scheduled session.
The Owner understands that excessively long or improperly maintained nails may increase the risk of slipping, torn nails, broken nails, paw injuries, or other injuries during exercise, and may also damage Company equipment.
If, in the reasonable judgment of the K9 Fitness Coach, the Dog's nails are excessively long or otherwise unsuitable for safe participation, K9 Fitness may postpone, modify, shorten, or refuse the session until the condition has been corrected.
The Owner acknowledges and agrees that K9 Fitness shall not be responsible for injuries to the Dog, including but not limited to torn, broken, split, or otherwise damaged nails, or other related injuries resulting from the Owner's failure to properly maintain the Dog's nails as required by this Agreement.
7.7 Cooperation
The Owner agrees to cooperate with reasonable instructions provided by K9 Fitness that are intended to promote the safety, health, and well-being of the dog.
7.8 Emergency Contact Information
The Owner agrees to maintain current emergency contact information and current veterinary contact information on file with K9 Fitness and to promptly update that information whenever changes occur.
8. Emergency Veterinary Care Authorization
8.1 Emergency Authorization
The Owner authorizes K9 Fitness to obtain emergency veterinary care for the dog if, in the reasonable judgment of the K9 Fitness Coach, immediate veterinary attention appears necessary to protect the Dog’s health or safety and the Owner cannot be contacted within a reasonable period of time.
K9 Fitness will make reasonable efforts to contact the Owner using the contact information provided before seeking emergency veterinary care whenever circumstances permit.
If the Owner has identified a preferred emergency contact who is authorized to make decisions regarding the dog, K9 Fitness may also attempt to contact that individual when circumstances reasonably permit.
8.2 Selection of Veterinary Provider
The Owner authorizes K9 Fitness to transport the dog by vehicle to a licensed veterinary facility whenever the K9 Fitness Coach reasonably believes such transportation is necessary to obtain emergency veterinary care.
If the designated veterinarian is unavailable, closed, unwilling or unable to accept the dog, or if time does not reasonably permit, a K9 Fitness Coach may seek treatment from the nearest available licensed veterinary hospital or emergency veterinary facility.
Nothing in this Agreement obligates K9 Fitness to transport the dog to any particular veterinary facility if doing so would, in the reasonable judgment of the K9 Fitness Coach, delay necessary emergency care.
8.3 Financial Responsibility
The Owner agrees to remain solely responsible for all veterinary fees, emergency treatment costs, medications, diagnostic testing, hospitalization, transportation expenses, and any other costs arising from emergency veterinary care obtained on behalf of the dog.
The Owner agrees to reimburse K9 Fitness for any reasonable expenses advanced by the Company in connection with obtaining emergency veterinary treatment.
8.4 No Guarantee of Outcome
The Owner understands that emergency veterinary care may not prevent illness, injury, permanent disability, or death.
K9 Fitness makes no representation or warranty regarding the availability of veterinary Services or the outcome of any veterinary treatment obtained pursuant to this authorization.
8.5 Good Faith Actions
The Owner acknowledges that decisions made by K9 Fitness during an emergency will be based upon the information reasonably available at the time and will be made in good faith with the objective of protecting the Dog’s health and welfare.
The Owner agrees that K9 Fitness shall not be liable for decisions made in good faith while responding to an actual or reasonably suspected medical emergency, except to the extent prohibited by applicable law.
9. Property Access and Latchkey Services
This Section applies whenever the Owner authorizes K9 Fitness to enter the Owner's property or retrieve and return the dog without the Owner being present.
9.1 Authorization to Enter Property
The Owner authorizes K9 Fitness to enter the property using the access method designated by the Owner, including but not limited to keys, lockboxes, garage codes, keypad codes, smart locks, or other approved methods of entry.
The Owner represents that they have the legal authority to grant such access. The Owner assumes responsibility for obtaining any necessary permission from the property Owner or occupant before authorizing K9 Fitness to enter the property.
9.2 Owner Responsibilities
The Owner agrees to provide accurate entry instructions and to ensure that all access information remains current.
The Owner further agrees to notify K9 Fitness before any scheduled appointment if locks, alarm systems, access codes, entry procedures, or other relevant access information has changed.
9.3 Safe Environment
The Owner agrees to maintain a reasonably safe environment for retrieval and return of the dog.
The Owner agrees to disclose any known hazards that may affect the safety of the K9 Fitness Coach or the dog, including but not limited to construction, unsecured animals, damaged fencing, aggressive pets, unsafe walking surfaces, or other conditions that could reasonably create a risk of injury.
9.4 Retrieval and Return of the Dog
K9 Fitness will exercise reasonable care when retrieving the dog from the Owner's property, escorting the dog to the Company's mobile fitness unit for the scheduled exercise session, supervising the dog throughout the session, and returning the dog to the location designated by the Owner.
The Owner understands that brief periods may occur during retrieval and return when the dog is transitioning between the residence, yard, driveway, or mobile fitness unit.
9.5 Securing the Property
Upon completion of the scheduled Services, K9 Fitness will make reasonable efforts to secure the property in substantially the same manner in which it was found, including locking doors or gates when appropriate based upon the Owner's instructions.
9.6 Limitation of Responsibility
K9 Fitness shall not be responsible for losses or damages resulting from inaccurate entry instructions, malfunctioning locks, alarm systems, gates, keypads, smart locks, or other access devices, nor for circumstances beyond the reasonable control of the Company.
9.7 Suspension of Services
If K9 Fitness determines that access to the property cannot be obtained safely, that conditions on the property present an unreasonable safety risk, or that the dog cannot be safely retrieved or returned, K9 Fitness may postpone or cancel the scheduled session until the issue has been corrected.
10. Right to Decline, Modify, or Discontinue Services
The safety and well-being of the dog, the K9 Fitness Coach, and others shall always be the Company's highest priority.
Accordingly, K9 Fitness reserves the right, in its reasonable discretion, to decline, postpone, modify, shorten, suspend, or discontinue any scheduled Service whenever the Company believes doing so is necessary to protect the health, safety, or welfare of the dog, the K9 Fitness Coach, or any other person.
Without limiting the foregoing, a K9 Fitness Coach may exercise this authority under circumstances including, but not limited to, the following:
10.1 Health Concerns
If the dog appears ill, injured, excessively fatigued, is recovering from surgery, displays signs of contagious illness, or otherwise appears unfit to safely participate in physical exercise.
10.2 Undisclosed Medical or Behavioral Information
If K9 Fitness discovers or reasonably believes that important medical, behavioral, or safety information was omitted or inaccurately disclosed by the Owner and such information may affect the safe provision of the Services.
10.3 Unsafe Behavior
If the dog exhibits behavior that, in the reasonable judgment of the K9 Fitness Coach, creates an unreasonable risk of injury to the dog, the K9 Fitness Coach, or others, including but not limited to repeated attempts to bite, escape, or engage in behavior that cannot be safely managed during the session.
10.4 Unsafe Property Conditions
If the property, surrounding environment, or access to the dog presents an unreasonable safety risk, including but not limited to unsecured animals, open gates, hazardous walking surfaces, severe weather, construction activity, aggressive persons, or other dangerous conditions.
10.5 Equipment or Safety Concerns
If any Equipment necessary for safely providing the Services cannot be used safely, or if the K9 Fitness Coach determines that continuing the session would not be in the Dog’s best interest.
10.6 Owner Non-Compliance
If the Owner fails to comply with this Agreement, refuses to follow reasonable safety instructions, repeatedly provides inaccurate information, or otherwise interferes with the Company's ability to safely provide the Services.
10.7 Effect of Discontinuing Services
If Services are modified, shortened, postponed, or discontinued pursuant to this Section, K9 Fitness will make reasonable efforts to explain the reason for its decision to the Owner as soon as practicable.
Nothing in this Section shall require K9 Fitness to continue any Service that the Company reasonably believes would compromise safety or the welfare of the dog.
The Owner acknowledges that K9 Fitness would rather postpone or reschedule a session than proceed under conditions that could compromise the safety, health, or well-being of any dog.
11. Limitation of Liability
To the fullest extent permitted by applicable law, the Owner agrees that K9 Fitness shall not be liable for injuries, illnesses, losses, damages, or expenses arising out of or relating to the Dog’s participation in the Services when such injuries, illnesses, losses, damages, or expenses result from the inherent risks of canine fitness activities or from circumstances beyond the reasonable control of K9 Fitness.
This limitation includes, but is not limited to, injuries or losses arising from:
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the Dog’s normal physical response to exercise;
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undisclosed or unknown medical conditions;
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inaccurate or incomplete information provided by the Owner;
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the Dog’s own actions or behavior;
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actions of third parties;
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unforeseen medical emergencies;
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conditions existing on the Owner's property that were not created by K9 Fitness; or
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other inherent risks described in this Agreement.
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Nothing in this Agreement is intended to limit or waive liability for conduct that cannot lawfully be limited or waived under applicable law, including liability resulting from gross negligence, willful misconduct, or intentional wrongdoing where such limitation is prohibited by law.
The Owner acknowledges that the assumption of risk, release of liability, and limitation of liability provisions contained in this Agreement are material terms of this Agreement and that K9 Fitness has relied upon those provisions in agreeing to provide the Services.
12. Scheduling, Cancellations, Payments, and Subscriptions
12.1 Scheduling
Appointments are scheduled through the Company's online booking system or by another method approved by K9 Fitness.
Scheduled appointment times are reserved exclusively for the Owner's dog. The Owner agrees to make reasonable efforts to ensure that the dog is available and ready to participate at the scheduled time.
12.2 Owner Availability
For the introductory session, the Owner or another authorized adult designated by the Owner must be present unless otherwise approved by K9 Fitness.
After the introductory session, Services may be provided while the Owner is away when the Owner has authorized property access in accordance with this Agreement.
12.3 Cancellations and Rescheduling
Cancellation and rescheduling policies are published on the Company's website and are incorporated into this Agreement by reference.
Unless otherwise stated in the Company's current cancellation policy, cancellation fees, credits, or refunds will be administered in accordance with the policy in effect on the date of the scheduled appointment.
K9 Fitness reserves the right to waive cancellation fees in exceptional circumstances at its sole discretion.
12.4 Payment
Payment is due in accordance with the pricing and payment terms published by K9 Fitness at the time Services are booked.
The Company reserves the right to update pricing prospectively. Any price changes will not affect Services that have already been purchased unless otherwise disclosed to the Owner.
12.5 Subscriptions and Membership Plans
Owners enrolled in recurring subscription or membership plans agree to the billing, renewal, cancellation, and other terms applicable to the selected plan as published by K9 Fitness at the time of enrollment.
Subscription benefits apply only while the subscription remains active and in good standing.
12.6 Missed Appointments
If K9 Fitness arrives for a scheduled appointment and is unable to safely access the property, retrieve the dog, or provide the scheduled Services due to circumstances within the Owner's control, the appointment may be treated as a late cancellation or missed appointment in accordance with the Company's cancellation policy.
12.7 Company Cancellations
K9 Fitness reserves the right to postpone or cancel appointments due to severe weather, vehicle breakdowns, emergencies, unsafe conditions, illness, or other circumstances beyond the Company's reasonable control.
If K9 Fitness cancels an appointment, the Owner will be offered the opportunity to reschedule or receive any refund or credit required under the Company's applicable policies.
12.8 Force Majeure
K9 Fitness shall not be liable for delays, interruptions, cancellations, or failure to perform the Services when caused by circumstances beyond its reasonable control, including but not limited to severe weather, natural disasters, acts of government, road closures, vehicle breakdowns, public health emergencies, labor disputes, utility interruptions, or other events that make performance impracticable or unsafe.
13. Company Records and Communications
13.1 Company Records
K9 Fitness may maintain records relating to the Services provided to each dog. These records may include, but are not limited to, the Dog Fitness Profile, workout history, session notes, observations, progress tracking, communications with the Owner, veterinary information provided by the Owner, and other information reasonably necessary to provide individualized canine fitness Services.
The Owner acknowledges that these records are maintained to promote continuity of care, monitor progress, improve the quality of the Services, and document information relevant to the Dog’s participation.
13.2 Ownership of Records
Except as otherwise required by law, all Company-created records, workout logs, training notes, progress reports, photographs, videos, and other business records created by K9 Fitness in connection with the Services shall remain the property of K9 Fitness.
Nothing in this Section limits the Owner's right to access or update information they have provided to K9 Fitness or to request corrections to factual inaccuracies in their account information.
Nothing in this Agreement obligates K9 Fitness to retain Company records for any specific period of time unless required by applicable law.
13.3 Electronic Communications
The Owner consents to receiving communications from K9 Fitness by email, telephone, text message, or other electronic means regarding scheduling, appointment reminders, service updates, invoices, account information, safety notifications, and other communications reasonably related to the Services.
The Owner agrees to promptly notify K9 Fitness if their contact information changes.
13.4 Privacy and Media Authorization
K9 Fitness will make reasonable efforts to protect the confidentiality of the Owner's personal information and the information contained within the Company's records.
Except as authorized by the Owner, required by law, reasonably necessary to provide the Services, or necessary to protect the health or safety of the Dog or others, K9 Fitness will not intentionally disclose confidential client information to third parties.
Unless the Owner provides written notice to K9 Fitness requesting otherwise, the Owner grants K9 Fitness permission to photograph, video record, or otherwise capture the Dog's image, likeness, and name during participation in the Services and to use, reproduce, publish, display, distribute, and edit such photographs, videos, and recordings for lawful business purposes, including advertising, marketing, social media, the Company's website, promotional materials, educational content, and other business communications.
The Owner understands that no compensation will be provided for such use and that the Owner may withdraw this authorization at any time by providing written notice to K9 Fitness. Upon receipt of such notice, K9 Fitness will make reasonable efforts to discontinue future use of the Dog's name, image, likeness, photographs, or videos in newly created marketing or promotional materials. The Owner understands that K9 Fitness cannot reasonably recall, remove, or modify materials that were created, published, distributed, or otherwise in use before receiving the opt-out request.
14. General Legal Provisions
14.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles.
14.2 Severability
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
14.3 No Waiver
The failure of K9 Fitness to enforce any provision of this Agreement on one occasion shall not constitute a waiver of its right to enforce that provision or any other provision in the future.
14.4 Entire Agreement
This Agreement, together with any documents expressly incorporated by reference, constitutes the entire agreement between the Owner and K9 Fitness regarding the Services and supersedes all prior oral or written understandings relating to the subject matter of this Agreement.
14.5 Electronic Signatures
The Owner agrees that electronic signatures, electronic acknowledgments, and electronic acceptance of this Agreement shall have the same legal force and effect as an original handwritten signature.
14.6 Acknowledgment
Electronic Signature Acknowledgment
By electronically signing this Agreement, or by checking the box indicating acceptance where applicable, the Owner certifies that they have carefully read and understood this Agreement, have had the opportunity to ask questions before accepting its terms, and voluntarily agree to be legally bound by all of its provisions. The Owner further acknowledges that their electronic signature or electronic acceptance constitutes their legal signature and has the same force and effect as an original handwritten signature.
