Terms and Conditions of Supply of Nina Fotara T/as Confident Canine (including Meditation Mutts & Mindfulness)
www.confidentcaninecentre.co.uk and www.meditationmuttsmindfulness.co.uk (“site”) are owned and operated by Nina Fotara T/as Confident Canine with our business address in Essex, UK.
Please read these terms and conditions carefully before placing an order. By purchasing services on this Site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase services from this Site.
2. CHANGES TO TERMS
We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.
Please check these terms and conditions periodically for changes.
Your continued use of this Site and purchase of services on this Site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
If the revised terms apply to any existing provision of services, we will notify you of the changes.
4. AGE RESTRICTION
You shall not purchase any services from our Site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.
5. ACCEPTANCE OF ORDER
5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.
5.2 If there is any conflict between these Terms and any term of the order, the order will take priority.
5.3 You can sign up through email or via our website. No telephone or spoken sign-ups are possible.
You can pay Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) via online booking, bank transfer, cheque or cash.
The sign-up means you are bound to these terms and conditions.
After signing up you will receive a confirmation via email.
The payee/client is agreeing to communication via e-mail and therefore storing the e-mail address with Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness). For the purposes of this Acquity is used as our booking system and Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) s will be taken via Square.
Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) will not keep your Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) details or use them for anything other than to process your booking.
The sign-up is – unless informed through writing – for one team consisting of one person and one dog. Every spectator must sign up and will be charged as such.
The extent of the performance and content of the offerings of Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) will be as advertised for the specific workshop/course on the website. Travel cost, accommodation and food/drinks are not included unless you are specifically told otherwise in writing.
Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) is allowed to refuse participation to anyone without having to give a reason.
6. ENTIRE AGREEMENT
7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
8. PROVISION OF SERVICES
8.1 We will supply the services to you from the date set out in the order for the period set out in the order.
8.2 We will make every effort to provide the services on time. However, there may be delays due to an Event Outside Our Control. See clause 14 below for our responsibilities when an Event Outside Our Control happens.
8.3 We will need certain information from you that is necessary for us to provide the services, for example, completion of our ‘new client registration form’. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the services under clause 8.3, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you.
8.4 We may have to suspend the services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under clause 8.4 but this does not affect your obligation to pay for any invoices we have already sent you.
8.5 If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.
8.6 If we supply a product to you as part of the services (such as a report, a CD, a DVD, an e-book or any other form of digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such product and any drafts, drawings or illustrations we make in connection with the product for you.
8.7 Services are on a “first come first served” basis. Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) reserves the right to cancel or postpone any event/service. The number of participants is limited unless listed differently.
8.8 Participation rules – Mantrailing specific
Any participant is required to have a harness and a long lead on their dog. You will not be allowed to participate if you want to put the long lead on a collar and refuse to put a harness on your dog.
8.9 Behaviour in and around the training areas
You have to follow the guidelines of the trainers of Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness).
No dog is to be allowed off lead at any venue or any event held by or taught by Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) unless it has been directed so by Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) or one of her instructors.
Dogs must be on lead if not worked, unless the trainer gives consent that you can walk your dog off-lead in this area. Please note to always be friendly with pedestrians and traffic participants. You are required to wear a high vis vest or similar, especially when working your dog in areas with a lot of traffic. Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) does not take any responsibility for interference with the law or injuries while participating in the event/service.
During Mantrailing sessions your dogs are to be left in the car or securely closed in while we are working with other dogs. During some other things held or taught by Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) you may also be required to leave your dog in the car or securely closed in whilst we are working other dogs. It is the dog owner’s responsibility to make sure that the car has enough air circulation/flow and water is provided for the dogs’ health and safety. It is the dog owner’s responsibility to ensure their dogs’ safety and comfort in all weathers including heat/humidity and the cold.
8.10 Health of the dogs
Only healthy dogs are allowed to participate in any event/service that Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) is offering. The participant ensures that the dog is free of diseases and agrees that should their dog be found have any contagious disease such as the likes of kennel cough shortly after participating in anything organised, hosted or run by Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) then they will inform Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) at the earliest opportunity so that other course participants can be informed. If a bitch comes or is in season, the event/service organiser has to be informed. If a dog falls ill shortly before or during the event/service, Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) and/or the trainer/organiser is to be informed immediately to discuss further action and prevent a possible disease from spreading.
8.11 Liability and insurance
Participation in any events/services offered by Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) is at your own risk which means the insurance lies with the participant/s themselves. We, therefore, make you aware, that you have to be insured to be able to participate in any events/services. The participant is fully liable for any damages/harm done by either themselves, their dogs or the people that came with them. Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) and the organiser/s and trainer/s, instructor/s do not take ANY responsibility for ANY damage/harm done to a person/s or a thing/s (e.g. buildings, cars, dogs, personal belongings etc.). You must be able to prove that your dog is insured if requested to do so. The participant takes full responsibility for his/her dog/s, even if acting upon instruction of a trainer/s or organiser/s.
You are fully responsible for your own and your dogs` actions. Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) cannot be asked to take over any costs for damage or harm done to you or your dog/s.
Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) does not take any responsibility in case of injury or death of your dog/s, other animals or yourself or third parties.
Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) takes all reasonable precautions within the structure of our training sessions/workshops/courses to avoid injury resulting from dog bites. However, Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) accepts no responsibility for damage or injury resulting from dog bites occurring to clients or their dogs while attending training sessions/seminars/courses/workshops/121’s or any other forms of training offered. The Control of Dogs Act 1986 section 21 – “Liability of owner for damage by Dog” applies within our classes/seminars/workshops/trainings/introduction courses or any other training offered by Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) and on our premises or public premises (rented from a third party or owned).
All instances of accident or injury must be reported to the dog trainer/instructor at the time they occurred.
The following items are NOT PERMITTED at any training session/course/seminar/workshop under any circumstances: Electric shock collars, spray collars including plain, citronella or any variation; any other device that causes discomfort, pain or fear to the dog; Prong or pinch collars; Any equipment that the trainer deems unacceptable.
8.12 Equipment and clothing
With every event/service you will need good, comfortable shoes (hiking boots) and you need to be dressed appropriately for any weather conditions. The participant is responsible to inspect the quality and functionality of any dog-specific items such as harness, long lead, lead and collar of the dog/s.
8.13 Length of the event/service
The trainer/organiser will determine the length of the event/seminar based on the progress of each participant and their dogs as well as the number of participants and the physical and psychological capability of each dog. The trainer will act in the best interest of the dog and can therefore order rest for a dog or put a halt to further training sessions. If the participant is late for the event/service, it is their own fault and the trainer/organiser will not stop/pause the event/service because of this. The participant is not eligible to make up for any missed hours/days or get a reduction of cost because of such.
8.14 Non-Disclosure agreement
Any individual participating in introduction courses, seminars, workshops, instructor courses, trainings or any other services that are offered by Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) or any of their instructors, agrees not to conduct/hold/offer such or similar, to the general public or another business or third parties. This specifically includes Mantrailing introduction courses, Mantrailing seminars, Mantrailing workshops, Mantrailing trainings within two consecutive years after the event ONLY with the written consent of Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) can this agreement be changed.
All the copyright is reserved by Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness). This includes material, videos, pictures, texts, etc. Information in any form, provided during an event/service, in its original form or modified, can only be used/published with written consent from Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness). Voice recordings and videos of any event/service have to be permitted by Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness).
8.16 No guarantee of success
Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) will not guarantee any success while or after any event/service.
9. IF THERE IS A PROBLEM WITH THE SERVICES
9.1 In the unlikely event that you are not happy with the services:
a) please contact us and tell us as soon as reasonably possible;
b) please give us a reasonable opportunity to repair or fix any defect; and
c) we will use every effort to solve the problem within  days.
9.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
9.3 Before we begin to provide the services, you have the following rights to cancel our services:
a) The cancellation fee for any service, 121 session, course, class, event or
other similar offerings (such as seminars, webinars etc) organised by Nina Fotara is 100%, unless the space can be otherwise assigned.
In case of the participant or the participants´ dog becoming ill, so that event/service participation is not possible you may be possible, you may be offered the option to be signed up for the next course of the same nature, provided one is available, this would be solely at the discretion of Nina Fotara.
Alternatively, if you can find a suitable/acceptable replacement for you and your dog and the participation fee will then be refunded in full once the replacement has been confirmed as a suitable participant and has fully paid up.
b) Subject to clause 9.4 below, you may cancel any order for services at any time within 14 days of the date of our email confirmation of your order by using the Form of Cancellation. We will confirm your cancellation in writing to you;
c) if you cancel an Order under clause 9.3 (b) and you have made any Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) in advance for services that have not been provided to you, we will refund these amounts to you;
d) however, if you cancel an order for services and we have already started providing the services by that time, you will pay us any costs we have reasonably incurred in providing part of the services, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) to us.
9.4 If we have completed providing the services, you have no right to cancel, even if this is within 14 days of our email confirmation of your order.
10.1 We may terminate the contract for services at any time with immediate effect by giving you written notice if:
a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) ; or
b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.
10.2 You may terminate the contract for services at any time with immediate effect by giving us written notice if we break the contract in any material way and do not correct or fix the situation within 14 days of you asking us to in writing.
11. PRICE AND NINA FOTARA T/AS CONFIDENT CANINE (INC MEDITATION MUTTS & MINDFULNESS)
11.1 Prices of the services are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
11.2 Our prices are not subject to VAT.
11.3 Despite our best efforts, there may be incorrect prices on some of the services. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.
11.4 Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) for services is to be made in advance by credit or debit card except where agreed otherwise in writing between us.
11.5 If you do not make any Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) due to us by the due date for Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) , we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Starling Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.6 Data – In order to process your booking/scheduling with Nina Fotara T/as Confident Canine (Meditation Mutts & Mindfulness) the system Booking/Scheduling system Acuity is used therefore by agree to book you also consent to your information being entered into Acuity. Your details will be maintained on Acuity to enable bookings and raise receipts etc but you may request removal of your details, if you wish to do this it must be done in writing in the first instance to firstname.lastname@example.org
Once registered on the Acuity booking system you will then be directed to make Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) and this will be processed via Stripe. By processing Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) to Nina Fotara T/as Confident Canine (Meditation Mutts & Mindfulness) on this website or by scheduling/booking directly either verbally/via FB or any other means with Nina Fotara T/as Confident Canine (Meditation Mutts & Mindfulness) you are agreeing that you are willing for your details to be entered onto Square to enable a Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) link to be made or invoice to be sent to enable you to pay what is due from you to Nina Fotara (Confident Canine – Essex Gundog Training, Scentwork East and Meditation Mutts & Mindfulness).
Your Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) details will be used to process at the time you make Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) and will not be used for future Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) processing, if you need to make a future Nina Fotara T/as Confident Canine (inc Meditation Mutts & Mindfulness) you will need to do so as you did in the first instance.
If you decide to join our mailing list then you are consenting to your information being stored within the Mailchimp & or Flodesk platform. Your details will only be used to send you future updates as per your preferences and you may elect to remove yourself from the list at any time in future by simply using the unsubscribe button on any mailout you receive or alternatively by emailing me at email@example.com
11.7 You may be sent a survey from time to time to see how satisfied you are with my services this will either be via my own email or via delighted.com and by signing up as a client you acknowledge that your email may be used to contact you for this reason via the survey platform. This is purely so I can gain feedback and improve the services I offer to you and other clients.
12. LIMITATION OF LIABILITY
12.1 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2 Exceptions to Limitation of Liability
Our liability does not exclude or limit in any way:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
13. CIRCUMSTANCES BEYOND OUR CONTROL
13.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
13.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
13.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
13.4 you will be notified as soon as reasonably possible; and
13.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.
13.6 If Circumstances Beyond Our Control occur and continue for more than  days and you do not wish us to provide the services, you may cancel the contract. We may cancel the contract if the Circumstances Beyond Our Control continues for more than  days.
14.1 Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post, our full address can be obtained by mailing firstname.lastname@example.org.
14.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the order.
15.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
15.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
15.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
15.4 Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any clauses of these Terms is unlawful, then such determination will not affect other clauses and all other remaining clauses will remain in effect and full force.
15.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
15.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us.
16. CONTACT US
16.1 For any questions or queries you can contact us at 07917 445830 or e-mail us at email@example.com