TERMS and CONDITIONS SDA Scent Detection Academy, HL&HONDEN / HL&DOGS Kynologic advice and education including all departments
Scent Detection Academy / Scent Detection Research / Animal Behaviour & Cognition / Advanced Canine Technologies ® / Bournepark / Bournepark Gundogs
Article 1: Definitions
For the purposes of these general conditions shall apply: Scent Detection Academy / Scent Detection Research / Animal Behaviour & Cognition / Advanced Canine Technologies ® / Bournepark / Bournepark Gundogs, Clients, Customers, Behaviour Therapist/Counsellor, Trainer, Instructor, Lecturer, Breeder, Scientist, Researcher, humans, dogs and other animals the same:
- Behavioural therapist: the canine behaviour specialist, specializing in advice and guidance on unwanted behaviour of dogs and other animals, working for HL kynologic consultancy and all other sections;
- Instructor/trainer: the instructor/trainer working for a division of HL & all sections / Academy, specializing in training and raising dogs and other animals, instructor instructing others (humans) and trainer instructing animals;
- Client/customer: dog owner, agency, foundation, company, who wishes to enable behaviourist/instructor on unwanted behavior/education/training his/her dog (s), animal (s) and other request;
- Assignment: A contract within the meaning of article 7: 400 e.v.BW of the Dutch Civil Code, in which the behavioural therapist /instructor /trainer /lecturer is committed to the client/customer/training in a cognitive-behavioural treatment for the dog (s), or any other training, from any client/customer;
- Cognitive-behavioural treatment: to format a case history, diagnosis, determining a therapy/training plan and advising, instructing and guiding the client/customer to perform the therapy;
- Contract period: The agreed duration of the assignment in the form of one or more follow-up appointments of predetermined length of time.
- Ditto for Teacher/ Lecturer
- If named as one it is also meant for behaviour counseller, therapist / trainer / instructor / breeder / scientist / lecturer.
Article 2: Applicability of these conditions and the conclusion of the contract
2.1 These general terms and conditions are applicable to all assignments, which have been agreed upon by the client/customer and by the behavioural therapist /instructor /trainer /lecturer/breeder in accordance with article 2.2.
2.2 Contract(s) are established by the parties orally or in writing by making an appointment to determine a diagnosis and/or by (a series of) follow-up appointments to advise and coach the client/customer in performing the therapy/training, or organise any training or education, set or customised.
2.3 Inclusion in the data recording system of the behaviourist/instructor is on the emergence of the agreement to the assignment as proof.
Article 3: Performance of the contract/agreement
3.1 The behavioural therapist /instructor /trainer /lecturer/breeder is responsible for maintaining his abilities, expertise and knowledge to complete the contract agreement.
3.2 The client/customer has to follow the instructions of the behaviourist/instructor.
3.3 The client/customer must use the tools advised by the trainer/instructor/behaviourist related to the safety of the client/customer, the behaviourist and the surrounding area.
3.4 Commitments in any sense advised by the behaviourist if not confirmed in writing, shall be deemed not to have been completed
3.5 Dogs that undergo a cognitive-behavioural treatment/training shall be deemed to have been vaccinated against transferable diseases through required vaccinations through a veterinarian and be able to show proof of such.
Article 4: Extension and termination
4.1 Extension of the Contract period is possible by both parties agreeing to make follow-up appointments in accordance with article 2.
4.2 The agreement ends automatically after the expiration of the contract period without termination by one or both parties.
4.3 However, by agreement of both parties interim suspension is possible.
4.4 Parties may end the agreement or terminate the agreement without giving any reason with immediate effect if:
- The other party is declared bankrupt;
- The other party (provisional) suspension is granted;
- Other party to the power of judgment is condemned to a term of imprisonment (conditional or not), because of criminal offence;
- The counterparty acts in violation of the right.
Article 5: Fees
5.1 In respect of the assignment by the behavioural therapist /instructor /trainer /lecturer/breeder services to be provided, the claim to an agreed fee, which is fixed in the contract.
5.2 The establishment of the contract in accordance with article 2, always leads to the obligation of payment in full.
5.3 The fee is payable directly or via bank account or in cash, well in advance, then after transmission of invoice inclusive of 10% administrative and organizational costs increase, at least 14 days after the due date.
5.4 Part payments of the fee for cognitive-behavioural treatment/training are only possible after approval by the behaviorist/instructor/trainer.
5.5 Cancellation by the client/customer of agreements have to be accepted by the behaviourist personally. Both, cancellation and answer in writing by email.
5.6 If the client/customer cancels an agreement unilaterally, the payment obligation remains in position.
5.7 In a behavioural therapist /instructor /trainer /lecturer/breeder accepted cancellation within 5 days before the start of the event concerned, 50% of the fee will be charged for that appointment.
5.8 If the client/customer cancels the agreement related to illness or death of the dog or other matters which, in the view of the behavioural therapist /instructor /trainer /lecturer/breeder through force majeure can be counted. The costs paid in so far as they relate to agreements that have not yet taken place under deduction of 10% administration and organizational costs will be refunded.
5.9 Customers/clients will be charged in full if they fail to give at least 48 hours notice of cancellation.
5.10 When participating in a course of several lessons after participation of 2 lessons no tuition fee will be refunded if cancelled.
- If the behavioural therapist /instructor /trainer /lecturer due to force majeure or circumstances is forced to cancel an appointment, the client/customer will be notified in advance by telephone if possible.
- In a matter of non-receipt of notice of cancellation, refunds or any rights hither thereto are not legally binding.
- Certification or recertification will only be awarded after receiving payment in full.
- Certification is only valid for the period named on the certificate or agreement.
5.13 If agreed on an initial deposit there is also agreement on refundable or non-refundable initial deposit.
5.14 If agreed on customised training or education on special agreed, blocked and organised dates, the deposit is non-refundable and if cancelled within 6 weeks before reserved dates payment in full is due.
Article 6: Liability
- The behavioral therapist /instructor /trainer /lecturer/breeder cannot be held responsible for the failure by the client/customer’s desired end result.
- On the other hand, the behavioural therapist /instructor /trainer /lecturer will reasonably exercise the utmost effort to attain the desired result with the cognitive-behavioural treatment/training.
- The obligation to pay the full fees will remain even if the desired result is not fulfilled.
6.2 The behaviourist is not liable for diseases and/or (alleged) defects, mentally or physically, which the dog, other animal may incur during or as a result of the cognitive-behavioural treatment/training, unless
there is gross negligence in which case the compensation is limited to the amount for which the behaviourist is insured.
6.3 Participation by the client/customer to the cognitive-behavioural treatment/training/therapy is at your own risk and responsibility. The client/customer remains at all times to be liable for the conduct of his/her dog (s), other animal (s).
6.4 The client/customer is deemed to have liability insurance for third parties (WAP) which must be current for his/her dog and other animal (s)
Article 7: Secrecy
7.1 The behavioural therapist /instructor /trainer /lecturer will contain all information provided to him as confidential to the extent that this results from the nature of the information.
7.2 The behavioural therapist /instructor /trainer /lecturer, working for HL including all departments, has a registration with the Dutch data protection authority, CBP.
7.3 The behavioural therapist /instructor /trainer /lecturer is entitled that the description of the behaviour problem, diagnosis, therapy and result without any reference to the client/customer and/or his dog (s), or other animal (s) for research and/or educational purposes.
7.4 The behavioural therapist /instructor /trainer /lecturer will possibly make photos and/or video material and will not use, publish or sell this material to the extent that the client/customer can be recognized, and will not use for purposes other than the cognitive-behavioural treatment/training without the written consent of the client/customer.
Article 8: Intellectual property and copyright
8.1 The behavioural therapist /instructor /trainer /lecturer reserves all intellectual, industrial property and technology rights in carrying out the mission concerning methods, therapy and tools have been developed in the broadest sense.
8.2 Everything provided by the behavioural therapist /instructor /trainer /lecturer but not confined to as there are reports, opinions, guidelines, recommendations, articles, training materials and hand-outs are for use only on the cognitive-behavioural treatment/training/lessons and training and may not without the prior written consent of the behavioural therapist /instructor /trainer /lecturer be reproduced, made public or brought to the attention of third parties.
8.3 Image material may only be made after written consent, a copy of it must be sent to the company. Use of any image material can be displayed only after written consent.
8.4 No part of teaching materials, articles and other items listed under 8.2 and 8.3 may be used, provided to third parties in person or social media or be increased without written permission
Article 9: Final provisions of these general terms and conditions
9.1 All costs, both judicial and not made by the behavioural therapist /instructor /trainer /lecturer/breeder relating to the recovery of any amounts due by the client/customer shall be borne by the client/customer.
9.2 For all things not mentioned above, the behavioural therapist /instructor /trainer /lecturer/breeder decides, these decisions are binding.
9.3 Parties with regard to all disputes which may arise from these terms and conditions, agree that these disputes be submitted to the District Court in the region of the behavioural therapist /instructor /trainer /lecturer/breeder.
9.4 In the event of disclosure or provision to third parties of items listed under article 8 follows a penalty provision and, where appropriate, debt collection.
–> Visual Material of teachers, training material, clients, students or dogs, can only be made after written consent from both the CEO’s of the Scent Detection Academy and other company owned by either. Copies of this material has to be send to the SDA. A written contract has to be signed by all parties. If any pictures or films may be made and appear in public a penalty per guessed day will be laid upon the person responsible or thought responsible.
Terms and Conditions of replacement dogs
Scent Detection Academy offer a two year conditional guarantee to replace dogs for the following reasons;
- If the dog is found to suffer with hip or elbow dysplasia or suffers from Epilepsy, Scent Detection Academy will replace the animal contrary to receiving an independent and comprehensive full veterinary report.
- If the dog is sold to a country outside of the Netherlands all transportation costs will be met by the owner
- If the dog is sold outside of the Netherlands any travel container replacement will be met by the owner
Scent Detection Academy & Research, Detection Dog Education and Training, Vapour System, Bio-Medical Detection, HL& HONDEN Animal Behaviour & Cognition, Advanced Canine Technologies®, Bournepark, Bournepark Gundogs
Research on scent detection capabilities. Training, research and detection dogs in various disciplines.