TERMS and CONDITIONS ACT Advanced Canine Technologies, SDA Scent Detection

Academy, ACT Advanced Canine Trust / HL&HONDEN / HL consultation, mentoring,

coaching, therapy, advice and education, breeding, selecting, training including all

departments

Scent Detection Academy / Scent Detection Research / Animal Behaviour & Cognition

/ Advanced Canine Technologies® / Bournepark Academy/ Bournepark Gundogs/

Bournepark Beagles / ACT Advanced Canine Trust

 

Article 1: Definitions

For the purposes of these general conditions shall apply, humans, dogs and other animals

the same:

(a). 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;

(b). Instructor/trainer: the instructor/lecturer/trainer working for a division of HL, ACT & all

sections / Academy, specializing in training and raising dogs and other animals,

instructor / lecturer instructing others (humans) and trainer instructing animals;

(c). Client/customer: dog owner, handler, agency, foundation, company, who wishes to

enable behaviourist/instructor on unwanted behavior/education/training his/her dog

(s), animal (s) and other request;

(d). 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;

(e). 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;

(f). Contract period: The agreed duration of the assignment in the form of one or more

follow-up appointments of predetermined length of time.

(g). Ditto for Teacher/ Lecturer

(h). 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 and in following parts of these Terms and conditions if one is named it goes

for all, 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.

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/trainer.

3.3 The client/customer must use the tools advised by the trainer/instructor/behaviourist

related to the safety of the client/customer, the trainer/instructor/behaviourist and the

surrounding area.

3.4 Commitments in any sense advised by the behaviourist/trainer/instructor 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:

(a). The other party is declared bankrupt;

(b). The other party (provisional) suspension is granted;

(c). Other party to the power of judgment is condemned to a term of imprisonment

(conditional or not), because of criminal offence;

(d). 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. The price as mentioned is, unless explicitly mentioned

excl. VAT/BTW

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 written approval by the behaviorist/instructor/trainer.

5.5 Cancellation by the client/customer of agreements have to be accepted by the

behaviourist/trainer/instructor or lecturer personally.

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 If cancelled within 48 hours by the customer/client is the agreed the total amount will

be charged.

5.10 When participating in a course of several lessons after participation of 2 lessons no

tuition fee will be refunded if cancelled.

5.11 (a). 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.

(b). In a matter of non-receipt of notice of cancellation, refunds or any rights hither

thereto are not legally binding.

5.12 (a). Certification or recertification will only be awarded after receiving payment in full.

(b). 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.


 

Article 6: Liability

6.1 (a). The behavioral therapist /instructor /trainer /lecturer/breeder cannot be held

responsible for the failure by the client/customer's desired end result.

(b). 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.

(c).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.

Breeder will do all that is possible to breed healthy and sound dogs, this includes the

possible medical parent testing. If it turns out a dog still has medical issues in spite of

all taken precautions, breeder can not be held responsible for the cause of nature.

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, working for ACT, SDA, 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

material, teaching material and 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 dog jackets, reports, opinions, guidelines, recommendations,

articles, training materials, teaching 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

8.5 If any of above mentioned is discarded, a compensation and obligation to payment

will be in place.

8.6 A dog jacket / harness provided by the company for a dog to wear to show it’s in

function and to give access to public places will remain property of the company en is

only provided under Terms and Conditions or contract for the use on one specific dog

and is not transferable. If not used, dog not re-certified or dog passes away the jacket

/ harness has to return to the company within 4 weeks.

 

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 shipping dogs

(a) If the dog is sold to a country outside of the Netherlands all transportation costs

will be met by the owner

(b) If the dog is sold outside of the Netherlands any travel container replacement will

be met by the owner

(c) If medical checkups are needed for travelling this will be included in the price or

be met by the owner in negotiation.


 Netherlands, 20-02-2002

Scent Detection Academy & Research, Detection Dog Education and Training, Vapour

System, Bio-Medical Detection, HL& HONDEN Animal Behaviour & Cognition,

Advanced Canine Technologies®, Bournepark Academy, Bournepark Gundogs,

Bournepark Beagles, SDA, ACT.

Research on scent detection capabilities. Training, research and detection dogs in

various disciplines. Medical Alert, Medical Detection, Scent Service, Hunting etc.

© HL / ACT

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