Philippa Tomson trading as “Pip Tomson Dog Training”
TERMS AND CONDITIONS
1. THESE TERMS AND CONDITIONS
These Terms and Conditions apply to all dog training sessions provided by Philippa
Tomson trading as Pip Tomson Dog Training (“PTDT,” “We”, “Us”, or “Our”) to
clients (“You”, “Your”) for the purpose of training dogs (“Dog Training Session” or
the “Services”). By booking a Dog Training Session with PTDT, you agree to abide by
these Terms and Conditions. These Terms and Conditions are the standard terms which
apply.
2. INFORMATION
In these Terms and Conditions, unless the context otherwise requires, the following
expressions have the following meanings:
1. Unless the context otherwise requires, each reference in this document
to: “these Terms and Conditions” is a reference to these Terms and
Conditions; and a Clause or sub-Clause is a reference to a Clause of these
Terms and Conditions;
2. The headings used in these Terms and Conditions are for convenience
only and shall not affect the interpretation of these Terms and Conditions;
3. Words signifying the singular number shall include the plural and vice
versa; and
4. References to any gender shall include any other gender.
3. BOOKING
1. You must be 18 or over to book any Dog Training Session.
2. A time/date slot for a Dog Training Session is subject to availability. We
will not reserve or guarantee any particular time/date slot for any Dog
Training Session until You book and pay in advance for it.
3. You may book a Dog Training Session in person, by email, by phone or
through Our website as part of any available package of Dog Training
Sessions.
4. We will only provide a Dog Training Session to You if You have pre-
booked and paid in advance for it and We have accepted the booking.
5. If You pay for any package of Dog Training Sessions, as agreed between
us, but You do not at the same time book the dates for all of the Dog Training
Sessions included in the package, You should then ensure that You book
dates for all of the packages which fall within the 8 week period after the
date when You pay for the whole package. Any Dog Training Sessions paid
for as part of a package but not booked for dates falling within that 8-week
period cannot be taken and will be lost, at the discretion of PTDT, and We
will not refund any payment You have made for them. Where You pay for
a package but do not at the same time book the dates for all of the
package, We will use all reasonable endeavours to agree on all dates that
You subsequently request which fall within the said 8-week period.
6. When You book any Dog Training Session(s) or package, We will
require You to pay Us in advance for it/them, and We will be entitled to
keep some or all of that payment as set out in Clause 4 (Cancellation).
4. CANCELLATION
1. We require 5 working days’ notice of the cancellation of any session.
Where less than 5 days’ working notice is given we reserve the right, in our
discretion, to charge for that session.
2. If you arrive more than 15 minutes late for a session, PTDT reserves the
right to cancel the session, and it will still be charged.
3. Courses are structured as full programs, and payment is required for all
sessions regardless of attendance, including instances where Your Dog
comes into season. If a session is missed, it remains chargeable and is not
eligible for a refund. However, PTDT may, at its discretion, offer
rescheduling options for missed sessions, subject to availability and
provided that at least 3 days advance notice of the absence was given.
4. In the event that the trainer needs to cancel a session, we will endeavour
to give as much notices as reasonably possible, clients will be offered an
alternative session at no additional charge.
5. FEES, EXPENSES AND PAYMENT
1. You must pay in accordance with the additional terms separately
agreed between us in relation to each Dog Training Course / session / Our
Services when booking which will set out the specific details of Our
Services to you, including fees and payment terms (the “Additional
Terms”). The Additional Terms will be supplemental to these Terms, and
shall incorporate these Terms. If and to the extent that there is any
inconsistency between these Terms and the Additional Terms, the
Additional Terms shall prevail.
2. You agree to pay Us for Dog Training Sessions in full using BACS
payment methods in advance of the Dog Training Session or block of Dog
Training Sessions booked.
3. All prices for Dog Training Sessions are currently exclusive of VAT.
Should VAT become applicable in the future, PTDT will add VAT to the
prices from the date it becomes effective. Any price adjustments due to VAT
will apply only to new bookings made after that date; existing bookings and
prepaid sessions will remain at the original price unless otherwise stated.
4. Please note that travel expenses will be charged at a rate of 55 pence per
mile, at the discretion of PTDT.
6. ELIGIBILITY TO RECEIVE A DOG TRAINING SESSION
1. We will not allow or make any Dog Training Sessions available for You
unless You are aged 18 or over. We may require evidence of Your age for
that purpose.
2. You agree that Your dog will be free of any infectious diseases.
3. You agree that You dog will be microchipped and must wear an up-to-
date ID tag at all times.
4. You confirm compliance with relevant UK legal requirements under the
Breed Specific Legislation as of the date of the booking of any course /
session, and to update Us during the period in which we provide the Services
should there be any material changes.
7. HEALTH, SAFETY AND WELFARE
1. You must provide a suitable collar, leash, harness, coat, and muzzle, as
necessary or as requested by Us when You make a booking and/or attend
Dog Training Sessions.
2. You are responsible for ensuring that Your dog is in good health before
attending classes. If Your dog shows signs of illness (such as vomiting,
diarrhoea, etc.), You agree not to bring Your dog to a Dog Training
Sessions.
Dog
3. Subject to clause 4 above, Dog Training Sessions missed due to illness
are non-refundable within 4 weeks of the initial Dog Training Session
booked, but we may in our discretion agree to provide a replacement Dog
Training Session subject to an additional charge.
3. PTDT is not responsible for any behavioural changes or regressions that
occur outside of class or between Dog Training Sessions.
8. YOUR REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
1. You represent, warrant and undertake to Us on booking and up to the
start of each Dog Training Session that the Dog:
a. has not been trained as a guard dog, police dog, for hunting or
for any purpose that may increase the likelihood of aggression;
b. is in good health, free from contagious illness or conditions that
may pose a risk to other dogs or participants;
c. has been microchipped and its details registered on an authorised
database, in compliance with the relevant law.
2. If We discover at any time that any of the representations, warranties or
undertakings in Clause 8.1 are not true, We may, in addition to any other
right or remedy that We may have in the circumstances, cancel any and all
Dog Training Sessions booked by You for the Dog, without liability for
refunds.
3. You agree, represent and warrant that Dog Training Sessions may
involve risks to yourself, members of Your family, or Your dog. You
assume all risks associated with participating in this training class/course
and do not hold PTDT or its instructors responsible in the event of injury to
family members, Your dog, or yourself. You agree to comply with the
instructions, rules, or decisions of the training instructor as they relate to
You or Your dog’s ability to safely complete this class/course. You also
agree to assume all responsibility for any damage caused to property,
persons, or other dogs as a result of the actions of Your dog. You hereby
waive release, and discharge PTDT from any and all claims that may arise
out of or in connection with any Dog Training Session.
9. THE SERVICES
1. PTDT will use reasonable care and skill to provide the Services.
2. Notwithstanding clause 9(1) above, we do not guarantee specific results
or outcomes as individual progress may vary. The effectiveness of the Dog
Training Sessions on your dog depends significantly on continued
reinforcement by owner outside of scheduled Dog Training Sessions.
PTDT is not liable for any lack of progress or behavioural outcomes that
may result from factors outside our control, including but not limited to
inconsistent reinforcement by the owner or environmental influences.
3. If a dog demonstrates aggression or any behaviour that poses a risk to
other dogs, owners, or trainers, PTDT reserves the right to discontinue the
course for safety reasons. In such cases, a partial refund may be issued at
PTDT’s absolute discretion.
10. INSURANCE
We hold and will maintain appropriate insurance, a copy of which can be seen upon
request.
11. EVENTS BEYOND OUR REASONABLE CONTROL
In the event of extreme weather or other circumstances beyond our control, classes
may be rescheduled. Clients will be notified in advance where possible, and
sessions will be rescheduled or carried forward.
12. LIMITATION OF LIABILITY
1. We will be responsible for any foreseeable loss or damage that You may
suffer as a result of Our breach of these Terms and Conditions or as a result
of Our negligence. Loss or damage is foreseeable if it is an obvious
consequence of Our breach or negligence or if it is contemplated by You
and Us when Our contract with You is created. We will not be responsible
for any loss or damage that is not foreseeable.
2. We provide or sell all Services to You only for Your personal and private
use/purposes. We will not be liable to You for any loss of profit, loss of
business, interruption to business or for any loss of business opportunity.
3. We will not be liable for any occurrence or circumstance in which the
Dog contracts an illness or sustains injury or death; or any occurrence or
damage caused by the Dog, provided that the occurrence or circumstance is
not attributable to any negligence on Our part.
4. Our total liability for any loss or damage resulting from our breach of
these Terms and Conditions or our negligence is limited to the lower of £250
or the total fees paid by you for the Dog Training Sessions related to the
claim.
5. Nothing in these Terms and Conditions is intended to or will exclude or
limit Our liability for death or personal injury caused by Our negligence
(including that of Our employees, agents or sub-contractors) or for fraud or
fraudulent misrepresentation.
13. CHANGES TO TERMS AND CONDITIONS
We may from time to time change these Terms and Conditions without giving You
notice, but We will use Our reasonable endeavours to inform You as soon as is
reasonably possible of any such change by providing you with a copy of any such
revised terms of conditions, including by posting them on our website.
14. COMPLAINTS
We always welcome feedback from You and, whilst We always use all reasonable
endeavours to ensure that Your experience as Our client is a positive
one, We nevertheless want to hear from You if You have any cause for complaint.
If You have any complaint about Our Dog Training Sessions or any other complaint
about Us, please raise the matter with Philippa Tomson who can be contacted by
email at pip@pawswithpip.com.
15. NO WAIVER
No failure or delay by Us or You in exercising any rights under these Terms and
Conditions means that We or You have waived that right, and no waiver by Us or
You of a breach of any provision of these Terms and Conditions means that We or
You will waive any subsequent breach of the same or any other provision.
16. SOCIAL MEDIA AND MARKETING
You agree that, unless you tell us otherwise in writing, PTDT may use photos,
videos and other media of Your Dog created in the course of or in relation to Our
Dog Training Sessions for marketing and promotional purposes, including social
media.
17. SEVERANCE
If any provision of these Terms and Conditions is held by any competent authority
to be invalid or unenforceable in whole or in part the validity of the other provisions
of these Terms and Conditions and the remainder of the provision in question shall
not be affected.
18. ENTIRE AGREEMENT
1. This agreement constitutes the entire agreement between the parties.
2. Each party acknowledges that in entering into this agreement it does not
rely on any statement, representation, assurance or warranty (whether made
innocently or negligently) that is not set out in these Terms and Conditions.
Each party agrees that it has no claim for innocent or negligent
misrepresentation based on any statement in these Terms and Conditions.
19. LAW AND JURISDICTION
1. These Terms and Conditions, each booking contract, and the
relationship between You and Us (whether contractual or otherwise) shall
be governed by, and construed in accordance with, the laws of England &
Wales.
2. Any dispute, controversy, proceedings or claim between You and Us
relating to these Terms and Conditions, any booking contract, or the
relationship between You and Us (whether contractual or otherwise) shall
be subject to the exclusive jurisdiction of the courts of England & Wales.