DOG SEPARATION ANXIETY TRAINING

RECORDED VIDEO TRAINING MODULES

Last Modified: 7/11/2023

These terms and conditions are entered into by and between you and Pet Positive Training, LLC ("Company," "we," or "us"). The following terms and conditions ("Terms"), govern your participation in the Dog Separation Anxiety Training (“DSAT”) offered by the Company.

Please read the Terms carefully, they include a release and waiver of any right you may ever have to claim any damages for loss, injury, or death from Pet Positive Training, LLC its members, managers, officers, affiliates, and others having a vested interest in the Company.

By enrolling in any DSAT service, you accept and agree to be bound and abide by these Terms, as well as our website Terms of Use and Privacy Policy, found at Terms of Use – Pet Positive Training and Privacy Policy – Pet Positive Training Online Courses, which are incorporated herein by reference. If you do not want to agree to these Terms, or our website’s Terms of Use or Privacy Policy, you must not access or use the DSAT or website.

Separation Anxiety Services Overview

This is a broad overview of what to expect for the DSAT video programs:

These are self-service fee-based online courses offered via the Thinkific platform.
The courses include live teaching elements, these terms refer specifically to the online course portion of our services.
The courses and the live sessions are not diagnostic tools.
The courses consists of a series of videos, slide presentations, and downloadable documents.
Those who pay to access the DSAT video programs will have lifetime access for so long as we offer these courses.
The courses are not an alternative to providing your dog with medication and we do not give advice related to medication for your dog.
These courses do not address any other dog behavior issues aside from separation related issues and separation anxiety.

The DSAT is intended to assist dog owners whose dogs display separation related issues. Separation anxiety is a condition in which dogs suffer extreme distress while left alone, often leading to self-injury and/or extensive damage to property. Excessive vocalization (i.e. barking) can also cause problems for pet owners with landlords or close neighbors. As such, separation anxiety is both a serious animal welfare issue and economic issue for pet owners. The DSAT video programs are intended to offer educational content and strategies for dog owners to address separation anxiety issues with their dogs. Our DSAT courses are taught in accordance with the standards of our training certifications (CPDT-KA, Certified Professional Dog Trainer – Knowledge Assessed, and CSAT, Certified Separation Anxiety Trainer). We do not address any other dog behavior issues aside from separation anxiety during DSAT services.

Specific Training Requirements: You can take a course and learn from it at any stage of your dog’s training, but there are specific training requirements we recommend that you follow once you start the protocol taught in any DSAT course:

Suspending Absences: To successfully do the protocol in these courses with your dog you will need to generally suspend absences other than the ones that are part of the training. This can be difficult and have a big impact depending on your lifestyle and it may be necessary to do for months at a time. But separation anxiety experts generally agree that it is necessary for using this approach successfully.
Fear-free and Force-Free Training Techniques: The separation anxiety protocol builds up trust and is completely incompatible with aversive training methods. Aversive tools and techniques include, but are not limited to, ultrasonic sound tools, shock collars, choke collars, citronella/spray collars, beep/buzz collars, shaker cans, collar pops/sudden leash yanking, ear pinching, scruff shaking, “alpha rolling,” or hanging. If you need more information on what this means or help switching from aversive to positive and fear-free training please visit www.petpositivetraining.com. You are invited to fill out our contact form with any questions and concerns.
Time commitment: It can take months or years to complete separation anxiety training. Behavior modification is always unique to every dog and every environment. We cannot guarantee timelines or behavior results because every dog is an individual and adjusts at their own pace.
Equipment: In order to train your dog using the separation anxiety protocol, you will need multiple devices and software. You will need at least one device that can record video and audio, at least one device (which can be the same device) that can live-stream audio and video feed, and at least one device that can receive that video/audio live feed. Often clients choose to use software such as Zoom or Facetime to do this, video recording software on a laptop or tablet, and/or commercially available live feed cameras such as Wyze, Yi, Petcube, or Eufy.

Participation: Participating in the DSAT may include the use of a third-party application/software and we may change the platform/software/app used to deliver the DSAT at any time. We do not provide any technical support services so you are responsible for your use of any third-party platforms we use. You are also not responsible for any costs you may incur to use such third-party platforms. DSAT sessions are for recreational and educational use only and nothing stated, given, or written by us should be taken as medical advice for you or your dog. Our DSAT courses may provide food/nutrition suggestions, but these are suggestions only and are not intended to treat or cure any disease or condition for you or your dog. It is your responsibility to review our protocol with your dog’s healthcare provider.

Payment: Payment for access to the DSAT video programs must be pre-paid and is non-refundable except as stated herein. We may update this agreement and/or increase rates at any time. You agree to pay all costs of payment collection, including reasonable attorney’s fees and court costs. Once purchased, the DSAT video programs will be viewable at your discretion and will remain available for you to view for so long as we maintain the video program.

Refunds: All fees paid by clients under this Agreement are immediately earned by us and are non-refundable, unless specifically stated in the agreement. If entitled to a refund, such refund will be limited to prepaid and unused dues, less any credit card processing fees we may have incurred. We reserve the right to terminate your ability to view the DSAT videos for any reason or no reason, unless such termination would be prohibited by law. Termination is effective on the date we email a written notice of termination to your last known email address. You are liable for all financial obligations incurred up until the date of termination.

Proprietary Rights: The DSAT materials are for your personal use only, and you may not distribute them to any third-parties without the Company’s express written permission. All right, title, and interest in and to the materials, as well as any modifications or improvements made thereto, are owned wholly by the Company. If you acquire any rights in the materials by operation of law or otherwise, you hereby irrevocably assign such rights to the Company without further action by either party. Additionally, you may have the option to send us recorded videos, pictures, or other media (“Media”) that you took. In such an event, the Company is not responsible for redacting any personally identifying information on such Media. Any Media you send us will be stored by us our computers, external hard drives, and/or on third-party filesharing services, and you agree that we may utilize such Media in the DSAT or otherwise. This may include emailing the Media to you or our clients, sharing via third-party filesharing services (such as Dropbox), and editing the Media.

Unforeseen Circumstances: You understand that during the DSAT unforeseen circumstances can occur that may result in a delay or a halt to the DSAT training videos. Unforeseen circumstances that may delay or halt training include, but are not limited to staffing limitations, issues with third-party software services, and/or any other reason that is not the fault of the Company. We will notify you as soon as reasonably possible of any unforeseen circumstance and potential delay. The Company shall have no liability for any such delay, or termination of this agreement, on account of an unforeseen circumstance.

This section contains a release and waiver of any right you may ever have to claim any damages for loss, injury, or death from Pet Positive Training, LLC its members, managers, officers, affiliates, and others having a vested interest in the Company.

Health: You and your dog are in good health and do not have any physical or mental condition which would make your participation in the DSAT unsafe. You will not be under the influence of any alcohol or illegal drug, nor will you be under the influence of any legal drug which would impair your ability to participate safely in the DSAT or to understand and comply with oral or written directions. You acknowledge that you have met with your medical provider and received approval from them to engage in the DSAT, or that you have decided that you will participate in the DSAT without your medical provider’s approval and you assume all responsibility for your participation. Should you or your dog become ill at any time during your participation in the DSAT, you should immediately cease participation and contact medical professionals.

Assumption of Risk: Owning a dog involves inherent risks, including the risk of dog bites and attacks upon you, other people, and other animals, all of which you have voluntarily assumed and accept full liability for. In consideration for your participation in the DSAT and use of equipment provided to you by the Company (if applicable), you understand and agree to all of the following: you understand that the activities involved with the DSAT carries with it an inherent risk of injury. Working to train dogs can involve strenuous physical and mental exertions. Risk of injury may be minor such as soreness, sprains, strains, and bruises, or serious such as heart attack, stroke, paralysis, and death. You understand these risks and agree to assume all risk of injury or illness.

WAIVER AND RELEASE OF LIABILITY: YOU VOLUNTARILY AND KNOWINGLY AGREE ON BEHALF OF YOURSELF SELF, YOUR SPOUSE, YOUR HEIRS, PERSONAL REPRESENTATIVE, ASSIGNS, AND ANYONE ELSE CLAIMING BY OR THROUGH YOU TO RELEASE, WAIVE, AND DISCHARGE THE COMPANY, ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS, AGENTS, ASSIGNS, SUCCESSORS, VENDORS, SUPPLIERS, EQUIPMENT MANUFACTURERS, LESSORS, CONSULTANTS, OTHER CLIENTS, AND ALL OTHERS ASSOCIATED WITH THEM (COLLECTIVELY “ALL OTHERS”) FROM ALL LIABILITY FROM ANY AND ALL CLAIMS, DEMANDS, OR SUITS ARISING FROM THE ACTS, FAILURE TO ACT, OR CONDUCT OF ANY OF THEM ARISING FROM THEIR NEGLIGENCE (WHETHER ORDINARY OR GROSS), BREACH OF DUTY, OR ANY OTHER THEORY OF LEGAL LIABILITY FOR (1) ANY PHYSICAL OR EMOTIONAL INJURY OR ILLNESS SUFFERED BY YOU OR YOUR PET (INCLUDING DEATH) ARISING FROM YOUR ATTENDING OR PARTCIPATING IN THE DSAT OR USING ITS EQUIPMENT, FACILITIES, SERVICES, PRODUCTS, AND/OR PREMISES OF THE COMPANY; AND (2) ANY DAMAGE TO, LOSS OF, OR THEFT OF YOUR PROPERTY. YOU ALSO AGREE NOT TO SUE THE COMPANY AND ALL OTHERS RELATED TO THE SAME.

No Guarantee: You understand and agree that the DSAT is for educational and informational purposes only and is provided “as-is.” We make no guarantee, express, implied, or otherwise, of any particular outcome as a result of your and your dog’s participation in the DSAT. The DSAT is not intended to be a substitute for professional veterinarian advice, diagnosis, or treatment. Always seek the advice of a veterinarian or other qualified health care provider with any questions that may arise regarding a medical condition or treatment of you or your dog, and never disregard professional medical advice or delay in seeking it because of something stated or displayed in the DSAT. You understand that the recommendation of any other product or service by the Company is not a guarantee of satisfaction with that product or service. Participating in the DSAT could also stress or injure your dog, and it is your responsibly to monitor your dog’s condition at all times.

Indemnification and Hold Harmless: You agree on behalf of yourself, your spouse, your heirs, personal representative, assigns, and anyone else claiming by or through you to indemnify and hold harmless the Company and all others by paying all costs and attorneys’ fees they incur in investigating and defending a claim or suit if such claim or suit is withdrawn, or if a court determines for whatever reason (including the enforceability of this agreement, that the Company and or others are not liable for the injury or loss. You hereby agree to indemnify and hold harmless the Company of any and all claims of injury, expense, costs, or damages caused by you or your dog to yourself or others. You also hereby agree to indemnify and hold harmless the Company of any and all claims regarding your dog’s health. You expressly agree to assume full financial responsibility for any and all expenses arising or relating thereto. You understand and agree that the Company will not be liable for any illness, injury or death of your dog(s).

Governing Law; Severability: This agreement is governed by, and the right of the parties determined by, the laws of the State of Maine. This agreement is intended to be as broad and as inclusive as permitted by the laws of Maine to relieve the Company from all liability for any and all claims for damages due to injury or property loss based on any legal theory. If any portion of this agreement is held invalid, the balance of the agreement shall continue in full legal force. The Dispute Resolution provisions of our websites Terms of Service apply.

Media/Data Release: You understand and accept that your image, videos of you or your pets, comments, likeness, accomplishments, goals, protocol data you submitted or we collected from you, and challenges you overcame may be used by the Company for any reasons, including, without limitation, for marketing purposes and research purposes, and that you are not entitled to any compensation for such use. You reserve the right to have the aforementioned remain private by submitting such a request within 15 business days of signing this agreement. You understand that your image and voice may be recorded/captured during calls, online sessions, and in person. You hereby release the Company from any and all liability resulting from such use, reproduction, distribution, and publication.

Dispute Resolution. YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF OUR WEBSITE OR THE PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, INCLUDING YOUR PARTICIPATION IN THE DSAT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING MAINE LAW.

Entire Agreement: This agreement (along with our website’s Privacy Policy and Terms of Use) constitutes the sole and entire agreement between you and us. You have not relied on any oral representations by anyone in addition to, or inconsistent with, the written terms of this agreement.

Severability. If any term or provision of this agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the enforceability of any other term or provision of this agreement, or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the court may modify this agreement to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

Waiver. No waiver by any party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, remedy, power, or privilege.