Terms and Conditions for Pet Behaviour Consultations
1. Introduction
These terms and conditions govern the provision of pet behaviour consultation services by Mat Ward ("Consultant") to the client ("Client"). By engaging the Consultant's services, the Client agrees to be bound by these terms and conditions.
2. Services
The Consultant provides professional advice and guidance on animal behaviour and training. The Consultant does not provide veterinary medical advice.
3. Client Responsibilities
• Accurate Information: The Client is responsible for providing the Consultant with accurate and complete information about their pet's behaviour history, health, and environment.
• The Client acknowledges that withholding, misrepresenting, or failing to disclose pertinent details, such as previous aggression, medical conditions, or behavioural concerns, may pose a significant risk to the safety of the practitioner, the Client, the animal, and others.
• Under the Animal Welfare Act 2006, all animal owners and keepers have a legal duty of care to ensure the welfare of their animals and to prevent harm to others. In the case of dogs, the Dangerous Dogs Act 1991 and related legislation impose additional responsibilities to prevent a dog from being dangerously out of control. Failure to provide full and honest disclosure may result in the immediate termination of services without refund, and the Consultant shall not be held liable for any consequences arising from such omissions. The Client accepts full responsibility for any legal repercussions that may arise from undisclosed behavioural issues or other relevant factors.
• Implementation: The Client is solely responsible for implementing the advice and training techniques provided by the Consultant. The Consultant is not liable for the Client's failure to implement the advice or for any modifications made to the advice without the Consultant's explicit consent.
• Animal Welfare: The Client is responsible for ensuring the welfare and safety of their pet at all times. The Client agrees to use only humane and ethical training methods and to prioritize their pet's physical and emotional well-being.
• Supervision: The Client is responsible for supervising their pet during and after implementing the Consultant's advice, especially in situations involving interactions with people, other animals, or property.
4. Disclaimer of Guarantees
• No Guaranteed Outcomes: Animal behaviour is complex and influenced by various factors. While the Consultant aims to provide the best possible advice, the Consultant cannot guarantee specific outcomes or results from the implementation of the advice.
• Inherent Risks: The Client acknowledges that despite the Consultant's advice, there is always an inherent risk of unpredictable behaviour from animals, which may lead to injury to people, other animals, or property. The Consultant is not responsible for any such injuries or damages.
5. Limitation of Liability
• Indirect Damages: The Consultant is not liable for any indirect, consequential, or incidental damages arising from the Client's use of the Consultant's services or advice.
• Maximum Liability: The Consultant's total liability to the Client for any claim arising from these terms and conditions shall be limited to the total fees paid by the Client to the Consultant for the specific consultation in question.
6. Indemnification
The Client agrees to indemnify and hold harmless the Consultant from any and all claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising from the Client's use of the Consultant's services or advice, except to the extent such claims are caused by the Consultant's gross negligence or willful misconduct.
7. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand. Any dispute arising from these terms and conditions shall be subject to the exclusive jurisdiction of the courts of New Zealand.
8. Entire Agreement
These terms and conditions constitute the entire agreement between the Consultant and the Client with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
9. Severability
If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck from these terms and conditions and the remaining provisions shall remain in full force and effect.