GROUP TRAINING AGREEMENT
Agreed terms
1. TERM OF ENGAGEMENT
1.1 By requesting that we provide group training services including workshops/events (“Services”) to you, you agree that the following terms and conditions (“Terms”) shall apply to any contract formed between us (“Contract”) in relation to the Services and that such terms shall take precedence over any other terms (including your own standard terms, any course of dealing or any industry practice).
1.2 You are engaging us as dog trainers to provide the Services to you on these Terms.
1.3 The Contract will commence on the date that we confirm we are happy to provide the Services to you and will continue unless and until the Services have been provided in full or as terminated as set out in these Terms. The Contract is formed when we send you an order confirmation.
2. SESSIONS AND YOUR OBLIGATIONS
2.1 We shall provide you with not less than 1 group training session, each of which shall be approximately 3 hours long or as otherwise stated on our website (https://www.pettrailer.co.uk/events/category/events/).
2.2 Each group training session (“Session”) will be a group session that will have no more than 6 participants for training sessions or 12 participants for workshops/events.
2.3 The Session(s) will take place at the dates, times and venues as set out on our website (https://www.pettrailer.co.uk/events/category/training-trails/), although we reserve the right to change the date, time and venue for any reason including for circumstances that are outside of our control. We will where possible provide you with at least 48 hours notice of any change to date, time or venue.
2.4 If you are not able to attend a Session for any reason (including due to us changing the date, time or venue), you will not be entitled to any refund but we may at our discretion offer you a transfer to an alternative session.
2.5 Where Sessions are held in third party venues, you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). You will be required to leave the venue if you do not comply with such policies and rules (and we shall not be obliged to refund you any amounts paid in relation to such Session).
2.6 You are responsible for your own belongings that you take to a Session and neither us nor any third party venue will be liable for any loss, damage, theft or destruction of any of your belongings.
2.7 You agree to reimburse us in full in relation to any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a third party venue.
2.8 If you act in any way which in our opinion is likely to cause any harm or nuisance to any person at the session, you will be required to leave the session and we shall not be liable to refund your payment.
2.9 If you are late at the Session or prevented from attending the Session due to travel delays or any other circumstances, we shall not be obliged to provide you with a refund or to wait to start the Session until you arrive.
3. OUR DUTIES
3.1 We shall provide the Services with due care, skill and ability.
3.2 Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of training, we do not guarantee any particular results.
3.3 If for any reason we am unable to provide the Services at the agreed time, for example due to ill health, we will provide you with as much notice as possible and we shall reschedule the Session for another time.
4. PAYMENT
4.1 In consideration of us providing the Services to you, you will pay the total price as detailed on our website for your chosen session(s), all prices are inclusive of VAT.
4.2 The total price is payable in advance at the time of booking. Payment will be made via our merchant account provider and you consent to us passing your necessary details to the merchant account provider and to them processing necessary information about you. We reserve the right to run price promotions as we think fit.
4.3 You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Sessions.
4.4 Without prejudice to any other right or remedy that we may have, if you fail to pay us on the due date, we may:
(a) charge interest on such sum from the due date for payment at the annual rate of 4% above the base rate from time to time of Santander UK, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and you shall pay the interest immediately on demand; and
(b) suspend all Services until payment has been made in full.
4.5 All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision. This clause 4.5 is without prejudice to any right to claim for interest under the law, or any such right under this agreement.
5. REFUNDS
5.1 All tickets for the Session(s) shall be non-refundable except as set out in paragraphs 6 and 7 below. However, if you are unable to attend a Session for any reason you may email us at info@pettrailer.co.uk to provide us with the name of a substitute to attend the Session on your behalf and on receipt of this email we shall make such substitution and allow the substitute access to the Session. We may at our discretion charge an administration fee of up to 10% for making such substitution.
6. CANCELLATION
6.1 There may be circumstances in which we need to cancel a Session. In such circumstances, we will provide you with a full refund of the amount of the price that you have paid to us and we will make every effort to provide you with such refund within 60 days of the date of cancellation.
6.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6.3 Before we begin to provide the services, you have the following rights to cancel our services:
(a) you may cancel any order for Services at any time before the start date for the services by using the Form of Cancellation https://www.pettrailer.co.uk/terms-and-conditions/cancellation-form/ or in Annex of this document. We will confirm your cancellation in writing to you;
(b) if you cancel an Order under clause 6.3 (a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you;
(c) however, if you cancel an order for services and we have already started work on your order by that time, you will pay us any costs we reasonably incurred in starting to fulfil the order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.
7. POSTPONEMENT OR CHANGE IN VENUE
7.1 There may be circumstances in which we need to postpone a Session or change the venue at which the Session is to be held and if we do, we shall advise you of this as soon as we possibly can. If the postponement is for more than 6 months after the publicised date of the session or the replacement venue is more than 50 miles away from the publicised venue, you may cancel your ticket by emailing us at info@pettrailer.co.uk and we shall provide you with a full refund, subject to a 10% administration charge.
8. PROMOTIONAL MATERIALS AND MATERIAL AT THE SESSIONS
8.1 We shall not be liable for errors or omissions contained in any promotional materials or other materials used at the Session (including names and other contact details of participants who have consented to be named in such materials).
8.2 Unless otherwise stated, the copyright for any such promotional materials and any materials used at the Session (including course notes, slides, brochures, articles and case studies) belongs to us and may not be reproduced in any medium without our prior written consent.
8.3 You may use such materials for your own personal purposes only and may not reproduce, publish or deal with such materials in any way for any commercial use.
8.4 We reserve the right to change the published programme (including the publicised speakers) or materials as we think fit.
9. PHOTOGRAPHY AND FILMING
9.1 We may wish to photograph or film the Session(s) and reserve the right to do so for the purposes of promoting future sessions or otherwise. If you do not wish to be photographed or filmed, please make this known to us before the start of the session and we may require that you sit in a separate section of the room. You may take photographs (but not film) of the Session(s).
10. CONFIDENTIAL INFORMATION
10.1 I acknowledge that in the course of providing the Services we will have access to Confidential Information relating to you and your affairs and we agree not to (except in the proper course of our duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:
(a) any use or disclosure authorised by you or required by law;
(b) any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
(c) any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.
10.2 You must keep all information discussed in the group training sessions strictly confidential.
11. DISABILITY AND MEDICAL CONDITIONS
11.1 If you have any disability or medical condition that requires us to make special arrangements for you, please email us at info@pettrailer.co.uk as soon as possible.
12. DATA PROTECTION AND INTELLECTUAL PROPERTY
12.1 You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing you with the Services. You agree that we may also share your personal details with other participants in the group sessions (including such details as your email address). We will use and process your personal data in accordance with our Privacy Notice that you can view at https://www.pettrailer.co.uk/privacy-policy/
12.2 We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that we use within the group training sessions and nothing in this agreement or otherwise shall transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.
12.3 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that we use in the group training sessions.
12.4 We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used in the group training sessions for the purposes for which the sessions were provided only.
12.5 You may not without my prior written consent make any audio or visual recordings of all or any part of our group training sessions.
13. TERMINATION
13.1 Either of us may terminate the Contract if the other is in material breach of any of these Terms.
13.2 We may terminate the Contract immediately (without any liability to provide any refund to you) if we reasonably feel that you are not participating fully in the group sessions, that you are disrupting the group sessions or for any other reason where we reasonably feel that your presence is adversely impacting on the group sessions.
13.3 On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under the Contract.
13.4 Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of either of us as at the date of termination, including the right to claim in respect of any breach of the Contract which existed at or before the date of termination.
13.5 Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of the Contract, including the following clauses: clause 6 (Confidential Information), this clause 13, clause 15 (Limitation on liability) and clause 19 (Governing law and jurisdiction).
14. STATUS
The relationship between us will be that of independent contractor and nothing in these Terms shall render me your employee, worker, agent or partner.
15. LIMITATION AND LIABILITY
15.1 Nothing in this clause 15 shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot legally be excluded or limited.
15.2 We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into the Contract and me providing the Services.
15.3 Our total liability under any law or in relation to the performance (or contemplated performance) of the Contract shall in all circumstances be limited to the total price paid by you for the Services.
15.4 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be in breach of the Contract or liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
15.5 The provisions of this clause 15 shall survive termination of the Contract.
16. ENTIRE AGREEMENT AND PREVIOUS CONTRACTS
You acknowledge and agree that:
(a) These Terms constitute the entire agreement and understanding between us and supersede any previous arrangement, understanding or agreement between us relating to the provision of the Services;
(b) in entering into the Contract you have not relied on anything said by any person (including any third party) relating to the provision of the Services.
17. VARIATION
We may vary these Terms at any time as we deem fit (other than in relation to the fee payable and the number of sessions to be provided). We shall where possible provide you with advance notice of such variation.
18. THIRD PARTY RIGHTS
18.1 A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
19. GOVERNING LAW AND JURISDICTION
19.1 The Contract and any dispute or claim arising out of the Contract shall be governed by and construed in accordance with English law.
19.2 We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract.
Annex
Form of Cancellation
To Pettrailer UK Ltd, info@pettrailerco.uk:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the provision of
the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate.