Terms and Conditions
Before we begin working together, we'll provide you with a Service Agreement that outlines how we'll support you and your pet. The terms and conditions of the Service Agreement are provided here for your convenient review. We will ask that you review and sign the Service Agreement before we get started on your journey to a calmer, happier home.
Services
LOMA Behavior & Training LLC ("LOMA") will provide animal training and behavioral modification services ("Services") for the Client and their pet(s). While the Consultant will make reasonable efforts to help achieve the Client's goals, no guarantee of behavioral changes or improvements is made.
Client Acknowledgement & Waiver
The Client acknowledges they have reviewed and understand LOMA's rules and policies, available in this Agreement and on LOMA's website (www.lomabehavior.com). The Client assumes all risks associated with the Services, including any injury to themselves, their pet(s), LOMA, third parties, and other animals. The Client also agrees to take responsibility for all actions and behaviors of their pet(s) and to indemnify and hold LOMA harmless for any claims of injury, expense, costs, or damages related to the actions of the Client or their pet(s).
The Client understands that LOMA's responsibility for any unintentional or negligent errors, omissions, or incorrect assertions is limited to the extent of LOMA's insurance coverage.
Limitation of Liability
No Consequential or Indirect Damages: LOMA and its representatives are not liable for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages related to this Agreement or the Services, regardless of whether such damages were foreseeable or if the Client was advised of their possibility.
Maximum Liability: LOMA’s total liability related to this Agreement is limited to the total amounts paid and amounts accrued but not yet paid to LOMA in the six months preceding the event giving rise to the claim.
The Client acknowledges that these liability limitations were a fundamental part of the Agreement and the risk allocation between the Parties.
Fees and Expenses
In return for the Services, the Client will pay fees published on LOMA's website (www.lomabehavior.com). This fee must be paid prior to services rendered or within 48 hours of receiving an invoice from LOMA. LOMA reserves the right to suspend Services if payment is not received within 10 days following written notice.
Term and Termination
This Agreement starts on the Effective Date and continues until the Services are completed unless terminated earlier by either Party with written notice.
Entire Agreement
This Agreement, including any related Statements of Work, exhibits, schedules, attachments, and appendices, is the complete agreement between the Parties and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.
Amendments
Any changes to this Agreement must be in writing and signed by both Parties.
Waiver
No waiver of any provision of this Agreement is effective unless in writing and signed by the Party waiving the provision. Failure to exercise or delay in exercising any right does not constitute a waiver, nor does a single or partial exercise of any right preclude further exercises of that right.
Choice of Law
This Agreement and all related documents are governed by the laws of the State of Texas.
Choice of Forum
Any legal action related to this Agreement must be brought in the courts of Bexar County, Texas. The Parties agree to the exclusive jurisdiction of these courts and consent to the enforcement of final judgments in other jurisdictions.
Waiver of Jury Trial
The Parties waive any right to a jury trial for any legal action arising out of this Agreement, acknowledging that such controversies may involve complex issues.