Terms of Service

Thrive Canine Pty Ltd (ABN 92 654 676 221) (Thrive Canine) provides force free dog training and behaviour consultations, specialising in behaviour modification for aggressive and reactive dogs.

These Terms govern your engagement with Thrive Canine, including your participation in the Activities.

In these Terms, “you” (and similar expressions) means the individual who accepts these Terms by making a Booking with Thrive Canine. By making a Booking with Thrive Canine, you indicate your acceptance to and agree to be bound by these Terms.

IF YOU ARE MAKING A BOOKING ON BEHALF OF ANOTHER PERSON, YOU AGREE THAT YOU ARE MAKING THE BOOKING AND ENTERING THIS CONTRACT AS THE AGENT OF THAT PERSON, AND THEY ARE ALSO BOUND BY THESE TERMS.

IMPORTANT: CLAUSE 9 CONSTITUTES AN EXCLUSION OF LIABILITY, A WAIVER OF YOUR RIGHT TO SUE, AND AN ASSUMPTION OF RISK. THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS.

1 DEFINITIONS

In these Terms, the following words have the following meanings:

Activity means any activity relating to or connected with the services provided by Thrive Canine, including attendance at or participation in dog training sessions, behaviour consultations, group classes, meetings, seminars, workshops, and events:

(a) run by Thrive Canine; or

(b) attended with or on behalf of Thrive Canine.

Authorised Visitor means a person who is not a client or service provider of Thrive Canine but who is permitted to attend an Activity because they:

(a) are registered to participate in the Activity;

(b) have been invited to attend the Activity by the party hosting that Activity; or

Booking means a request, whether formal or informal, written or verbal, to receive services from or complete an Activity with or on behalf of Thrive Canine.

Code of Conduct means the code of conduct at Schedule 1 to these Terms, as amended from time to time.

Junior Handler means a client of Thrive Canine who is less than 18 years old.

Released Parties is defined in clause 9.3(a).

Terms means these terms and conditions of service, including any schedules or annexures.

2 AGREEMENT

(a) These Terms apply to all individuals and businesses which engage with Thrive Canine, including you, with no exception. If you do not agree to these Terms, you must cancel your Booking with Thrive Canine. You may notify us of your intention to cancel your Booking by emailing hello@thrivecanine.com.au.

(b) If you submit a Booking on behalf of another person, including where you will be bringing an additional person(s) with you to any Activities, you and that other person both agree that you submit that Booking as the authorised agent of that other person, such that the other person will be bound by these Terms.

(c) Thrive Canine may vary these Terms at any time, and will use reasonable means to notify you of any such variation. Your continued attendance at and participation in Activities after such notice indicates your acceptance of any variation. If you do not agree to the variation, you may cancel any future Bookings by written notice to hello@thrivecanine.com.au.

3 TERM

These Terms apply from the date you make your first Booking with Thrive Canine and continue for the duration of your engagement with Thrive Canine.

4 BOOKINGS

4.1 Requirements

(a) Bookings are non-transferrable. Please carefully consider the person or persons who are the subject of your Booking.

(b) When you make a Booking, you must complete the intake form provided to you honestly and in full, and provide any details or documentation required by that intake form as amended from time to time.

4.2 Fees

(a) When you make your Booking, you must also pay the applicable Booking fees (as determined by Thrive Canine from time to time).

(b) Refunds will only be issued in accordance with applicable law, and otherwise at our discretion.

4.3 Cancellation

(a) Your Booking may be cancelled by Thrive Canine at any time:

(i) in accordance with clauses 4.5, 6.4(a)(ii) or 7.2(d);

(ii) if you do not make correct payment of the applicable fees within a reasonable time;

(iii) if Thrive Canine believes, acting reasonably, that you have not provided full and honest responses to any Thrive Canine intake form;

(iv) if you do not agree to comply with, or recklessly disregard, safety requirements imposed by Thrive Canine including muzzling and restraining your dog (if deemed necessary);

(v) if you do not meet one or more requirements provided at the time of Booking (including dog bite/incident history or dangerous or menacing dog status); or

(vi) for any other reason, at Thrive Canine’s reasonable discretion.

(b) If you cancel your Booking, then to the extent permitted under applicable law you will not be entitled to a refund for that Booking. However, you may postpone your Booking (subject to the availability of Thrive Canine) for any reason, including:

(i) illness (whether in regards to you or your dog);

(ii) unfavourable weather conditions; or

(iii) an emergency or other unforeseeable circumstances.

(i) cancelled or postponed by you within 24 hours of the scheduled time of that Booking, for any reason; or

(ii) cancelled by Thrive Canine by reason of clauses 4.3(a)(i), (ii), (iii), (iv) or (v).

(d) Nothing in this clause 4.3 is intended to contradict any requirements which apply under applicable law.

4.4 Change of Details

You must notify us as soon as possible of any changes to your contact details, including your address, phone number and email address.

4.5 Breach of Terms or Law

Thrive Canine may postpone or cancel your Booking if you breach these Terms or any applicable law, or otherwise engage in reckless or careless conduct. We also reserve the right to take further legal action against you, where applicable.

5 PARTICIPATION REQUIREMENTS

5.1 Clients Only

Only Thrive Canine clients and Authorised Visitors are permitted to participate in Activities.

5.2 Junior Handlers

Junior Handlers may only participate in Activities if:

(a) a parent, guardian or supervising adult has accepted these Terms on behalf of the Junior Handler;

(b) a parent, guardian or supervising adult will attend and participate in Activities with the Junior Handler at all times; and

(c) where we consider necessary, the Junior Handler has completed and passed an assessment to determine the suitability of the size and temperament of the dog in relation to the size and age of the Junior Handler.

5.3 Number of Persons Training a Dog

When participating in group Activities, only one person per dog is permitted to participate at any one time, with the exception of Junior Handlers, where one additional person is permitted.

5.4 Dog Vaccination Status

(a) If your dog is involved in an Activity, they may come into contact with other dogs and be exposed to public places which may have been visited by other animals. All dogs attending and participating in Activities must have a current, full vaccination record (or titre test result). The only exceptions are:

(i) dogs under 12 weeks of age, in which case only proof of first vaccination (or equivalent titre test result) is required; or

(ii) dogs under 16 weeks of age, in which case only proof of second vaccination (or equivalent titre test result) is required.

(b) Proof of Bordetella vaccination is not required.

(c) It is your responsibility to ensure that all dogs you involve in any Activity are appropriately vaccinated on the advice of a qualified veterinarian. To the extent permitted by applicable law, we are not liable if your dog suffers illness or death as a result of their participation in an Activity, including due to inadequate vaccination.

5.5 Suitability of Group Activities

(a) Thrive Canine endeavours to assist all its clients with appropriate training. However, we acknowledge that group Activities are not a suitable learning environment for all dogs.

(b) Unless Thrive Canine provides a written exception in writing, a dog may not attend group Activities with Thrive Canine if:

(i) the dog is reactive or aggressive towards people or other dogs, or another stimuli likely to be present where the group Activities will be held; or

(ii) the dog has another behaviour issue and, in the reasonable opinion of Thrive Canine, group Activities would be detrimental to that behaviour issue.

(c) Thrive Canine reserves the right to prohibit participation in group Activities where Thrive Canine deems, acting reasonably, that a dog is unsuitable for its training structure (including in accordance with clause 5.5(b) above).

5.6 Dogs in Season

Dogs in season or “on heat” are not permitted to participate in group Activities until their season has been completed.

6 ACCEPTABLE BEHAVIOUR

6.1 Code of Conduct

You agree to comply with the Code of Conduct.

6.2 Use of Force Free Methods

In addition to the requirements set out in the Code of Conduct, you agree to:

(a) train your dog using force free training methods, rather than methods derived from corrections or use of force. Use of (amongst other things) check chains, prong collars, e-collars, vibrating collars, citronella collars, slip leads, and corrections, either physical or verbal, are not permitted; and

(b) not engage in physical or verbal abuse towards any dogs, including dogs in your care.

6.3 Conduct Towards Other People

When you participate in Activities or interact with Thrive Canine and its clients (including on social media), you also agree to:

(a) not engage in physical or verbal abuse, bullying, harassment or intimidation towards other people, including Thrive Canine representatives; and

(b) be polite and well-mannered in your interactions with other people, including Thrive Canine representatives.

6.4 What Happens If You Breach These Conduct Requirements

(a) If you fail to comply with the above requirements, Thrive Canine may:

(i) issue you a warning; or

(ii) cancel or suspend any future Bookings and charge you a cancellation fee.

(b) Generally, Thrive Canine will only cancel or suspend your Booking where we consider the breach to be serious, or where you engage in repeated minor breaches, but we reserve the right to cancel or suspend Bookings where we think it appropriate to do so.

7 SAFETY

7.1 General

(a) You must take reasonable steps at all times to ensure:

(i) your own safety;

(ii) the safety of all dogs or persons in your care, including Junior Handlers; and

(iii) the safety of other people and dogs present at or around the relevant premises.

(b) Dogs must be actively supervised at all times while participating in an Activity.

(i) stand a reasonable distance from other people and dogs, including during Activities, to prevent unwanted dog-dog and dog-human interactions and reactivity; and

(ii) maintain reasonable control over each dog in your care, and remove that dog from the relevant situation if you anticipate, or the dog engages in, reactive behaviour.

(d) You must follow all reasonable directions given to you by Thrive Canine and its representatives.

7.2 Supervision of Children

(a) The safety of children around dogs is of paramount importance to Thrive Canine.

(b) Persons under the age of 18 must be supervised by a parent, guardian or responsible adult at all times.

(c) Unless otherwise agreed with Thrive Canine, persons under the age of 12 are not permitted to participate in any Activities, and may only observe an Activity if actively supervised by a parent, guardian or responsible adult who is not participating in the Activity.

(d) For the safety of your children, Thrive Canine reserves the right to cancel a Booking if it reasonably believes children are not being appropriately supervised.

7.3 Health and Wellbeing

(a) When you and any dog in your care participate in an Activity, you warrant that both you and the dog are in good health and free from any known adverse medical conditions which may be affected or exacerbated by that Activity.

(b) If you or any dog in your care are not in good health, or if you have any concerns you or the dog may be adversely affected by participating in any Activity, you must not participate in the relevant Activity. If in doubt, please seek medical and/or veterinary advice before participating in any Activity.

7.4 Aggressive and Reactive Dogs

(a) You acknowledge and agree that:

(i) interactions with any dog may be unpredictable and involve an inherent bite risk or other risk of injury; and

(ii) any dog may react aggressively or defensively if faced with a perceived threat.

(b) Before interacting with a dog that is in someone else’s care (or allowing your dog or another person in your care to interact with that dog), you must first check with that dog’s handler if it is appropriate for you, your dog, or the person in your care to interact with that dog.

(c) You acknowledge and agree that dogs wearing muzzles or yellow bandanas during Activities may be anxious, reactive, or aggressive under certain conditions, and you agree to maintain a safe distance between you (and any persons or dogs in your care) from dogs wearing yellow bandanas.

(d) You may place a muzzle or yellow bandana on a dog in your care at your discretion.

(e) If Thrive Canine directs you to place a muzzle or yellow bandana on a dog in your care, you agree that the relevant dog must wear a muzzle or yellow bandana (as applicable) during all future group Activities (and any other Activities as advised by Thrive Canine).

(f) Thrive Canine may notify you if it considers it appropriate for you to remove a muzzle or yellow bandana from a dog in your care. You may also request to have a muzzle or yellow bandana removed from a dog in your care, and Thrive Canine may give or withhold its approval at its reasonable discretion. If your request is rejected, your dog must continue to wear a muzzle or yellow bandana (as applicable) when participating in the relevant Activities.

7.5 Weather Conditions

(a) Thrive Canine trains outside in all conditions and may continue to operate in temperatures and weather which are neither favourable nor suitable to you. You acknowledge and agree that:

(i) training outside in wet weather conditions may result in uneven, slippery and muddy surfaces and increase risk of trips, slips and falls; and

(ii) training outside in hot weather conditions may result in dehydration and conditions such as heat stroke unless appropriate care is taken.

(b) You are not obligated to participate in Activities during weather or conditions that you consider to be unsafe or unfavourable. You must only engage in Activities to the extent you feel safe and physically able to do so.

8 ADVICE AND RECOMMENDATIONS

(a) Any information, advice or recommendation provided by persons associated with Thrive Canine (including any persons or businesses recommended to you by Thrive Canine) does not represent the views of Thrive Canine, and Thrive Canine does not necessarily endorse or approve of such information, advice or recommendations provided. You rely on any such information, advice and recommendations at your own risk.

(b) To the extent permitted by applicable law, Thrive Canine excludes all liability, including liability for negligence, for any loss, including indirect or consequential damages, arising from or in relation to the use of or reliance on any information, advice or recommendations provided to you by Thrive Canine or otherwise.

9 LIABILITY AND RISK

9.1 Voluntary Assumption of Risk

(a) You understand and accept that your participation in the Activities carries with it certain dangers, including the risk of:

(i) illness, injury and death, whether to you or any dogs or persons in your care, including as a result of:

A. slips, trips and falls;

B. exposure to dogs which may not be fully vaccinated and public places which may have been visited by unvaccinated animals; and

C. interactions with and between dogs, including bites and scratches; and

(ii) property damage and/or economic loss.

(b) You accept, to the maximum extent permitted by applicable law, all risks associated with participation in the Activity, and the participation of any dogs or persons in your care.

(i) you are voluntarily choosing to participate in the Activities at your own risk and of your own free will; and

(ii) you accept all responsibility for the actions or omissions of any dog or person, including a Junior Handler, in your care, and include those dogs or persons at your own risk.

9.2 Response to Personal Injury

You agree to pay the cost of and authorise Thrive Canine to take all steps it considers reasonably necessary to protect your welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.

9.3 Exclusion of Liability

(a) In this section, Released Parties means Thrive Canine Pty Ltd, its related bodies corporate, and each of its directors, employees, volunteers, agents, officers, and contractors.

(b) To the extent permitted under section 139A of the Competition and Consumer Act 2010 (Cth) and/or section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) (as applicable), the Released Parties exclude all liability in respect of any:

(i) death;

(ii) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

(iii) contraction, aggravation or acceleration of a disease; or

(iv) coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to an individual or the community or that may result in harm to an individual or the community,

where such liability would otherwise arise under or in relation to any warranty or guarantee:

(v) that the Activity will be provided with due care and skill;

(vi) that the Activity will be fit for any particular purpose;

(vii) that the Activity will (or might reasonably be expected to) achieve any particular result; or

(viii) that the Activity will be supplied within a reasonable time,

except that the exclusion of liability will not apply to significant personal injury caused by the reckless conduct (as defined in section 139A(5) of the Competition and Consumer Act 2010 (Cth)) of the supplier of the relevant services or with reckless disregard, with or without consciousness, for the consequences of the act or omission (within the meaning of section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic)).

9.4 Waiver

(a) To the maximum extent permitted by applicable law, you waive any rights, claims, actions or suits which you may have now and in the future against the Released Parties, and release each of the Released Parties from all liability no matter how it arises (whether under tort – including negligence – statute, contract, equity, or otherwise) in respect of your death, personal injury, loss, damage, or liability sustained by you or any other person or dog out of or in connection with your participation in an Activity.

(b) To the maximum extent permitted by applicable law, you indemnify and will keep indemnified each of the Released Parties in respect of any legal liability that the Released Parties may have to any third party (whether under tort – including negligence – statute, contract, equity, or otherwise) which arises in connection with your participation in an Activity.

(c) Without limiting the above, to the maximum extent permitted by applicable law you release the Released Parties from all liability for:

(i) any consequential loss; and

(ii) any economic loss,

suffered or incurred by you or any other person or dog arising out of or in connection with your participation in an Activity.

(d) Nothing in these Terms prevents the Released Parties from relying on any laws (including statutes and common law) that limit or preclude their liability.

(e) Nothing in these Terms excludes any term or guarantee which, under statute, cannot be excluded, however the liability of the Released Parties is limited to the minimum liability allowable by law. In particular, you understand that you may have rights under consumer guarantees as set out in the Australian Consumer Law, except those rights excluded under this clause 9.

10 WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

(a) Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Thrive Canine is required to ensure that the recreational services it supplies to you:

(i) are rendered with due care and skill;

(ii) are reasonably fit for any purpose which you, either expressly or by implication, make known to Thrive Canine; and

(iii) might reasonably be expected to achieve any result you have made known to Thrive Canine.

(b) Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), Thrive Canine is entitled to ask you to agree that these statutory guarantees do not apply to you. If you agree to these Terms, you will be agreeing that your rights to sue Thrive Canine under the Australian Consumer Law and Fair Trading Act 2012 (Vic) if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted, or modified in the way set out in these Terms.

(c) The change to your rights, as set out in these Terms, does not apply if your death or injury is due to gross negligence on the part of Thrive Canine. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).

11 GENERAL

(a) These Terms are governed by and will be construed in accordance with the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria, Australia.

(b) You may not novate your interest, or assign your rights arising out of or under these Terms, without the written consent of Thrive Canine.

(d) If any part of these Terms is void, illegal or unenforceable, that part is severed from these Terms and the balance remains enforceable.

(e) Nothing in these Terms constitutes a joint venture, agency, partnership or other fiduciary relationship between the parties.

(f) A right may only be waived in writing, signed by the party waiving the right. If a party has a right arising from another party’s failure to comply with an obligation under these Terms and delays in exercising or does not exercise that right, that delay in exercising or failure to exercise is not a waiver of that right or any other right.

SCHEDULE 1 – CODE OF CONDUCT

1 Dogs to Remain On-Lead

All dogs must be on-lead during Activities, unless otherwise directed by a Thrive Canine representative.

2 Arriving Late

You are expected to be available for an Activity by its agreed start time. If you are delayed, you agree to notify Thrive Canine as soon as possible, and acknowledge that Thrive Canine may be unable to extend a Booking beyond its original end time.

3 Missing a Booking

(a) You agree to contact Thrive Canine if you are likely to miss a Booking and acknowledge cancellation fees may apply.

(b) You understand that if you miss multiple Bookings with Thrive Canine, Thrive Canine may choose at its discretion not to accept any further Bookings from you.

4 Resumption of Services

If you stop receiving services from Thrive Canine, you may request to resume services at any time. Thrive Canine may accept or reject your request at its reasonable discretion. If your request is approved, you may be placed on a wait list pending the next available vacancy. Thrive Canine makes no guarantees regarding timing of Activity availability.

5 Damage to Property

(a) You agree to take reasonable steps to prevent damage to property, whether owned by Thrive Canine or a third party.

(b) You agree that in relation to paragraph 5(a) above, you are responsible for any damage to property caused by you, or a Junior Handler or dog in your care.

6 Photographs and Social Media

You acknowledge and agree that Thrive Canine may take photographs of you and/or your dog during your participation in the Activities and use these photographs on its social media or other marketing materials. You agree to notify Thrive Canine if you do not want your photograph to be taken, or if you do not want your photograph to be used for marketing or similar purposes. You agree that once a photograph has been published on social media or marketing materials, you may no longer withdraw this consent.

7 Parking

You agree to park legally and in a manner which does not inconvenience others.

8 Smoking and Vaping

Smoking and vaping are prohibited while Activities are in session.

9 Mobile Phones and Devices

Mobile phones and similar devices should be switched off or placed on silent during Activities, except in case of an emergency.

10 Waste Disposal

You agree to clean up after your dog at all times before, after and during participation in Activities.

Last updated: January 2025