contact@animalwisetraining.com.au

RangerSAFE (AMO) Training

Safe Animal Handling

Animal Management Officer Training Program

Our three stage training program offers Council Animal Management Officers (AMOs) and Rangers the essential industry knowledge and skills to execute their daily animal handling tasks confidently and safely.


The Safe Animal Handling AMO Program is a series of interactive workshops covering the fundamentals of working safely with stray dogs and cats. It is designed for new and experienced Animal Management Officers or Council Rangers, but can also be tailored to shelter staff, and can be delivered online or onsite to suit each organisation’s needs. 

  • Duration

    F2F– Full day
    ONLINE: 2x 4 hour sessions

    Audience
    • Foundation training
    • New starters and experienced employees
    Learning Outcome
    • To safely manage common dog and cat AMO scenarios
    • Maintain good animal welfare
    80% Theory, 20% Practical
    Topics
    • Reducing our bite risk
    • Animal wellbeing and behaviour basics
    • Reading dogs and cats; body language intensive
    • Conducting body language assessments
    • Managing stressed, fearful and aggressive dogs and cats
    • Capture fundamentals
    • Fundamentals of loading and unloading animals in vehicles
    • Equipment selection and usage
    • Dog attack fundamentals
    Cost

    F2F: $550 per person
    ONLINE: $450 per person
    Group discounts apply. F2F = face to face

    Duration

    F2F– Full day
    ONLINE: 2x 4 hour sessions

    Audience
    • Consolidation training
    • More experienced employees
    Learning Outcome
    • To safely manage more difficult dog and cat scenarios
    • Maintain good animal welfare
    40% Theory, 60% Practical
    Topics
    • Revisit body language and assessments Recognise more difficult body language Capturing, loading and unloading difficult animals practical Equipment practical- includes Catchpole intensive/new options Defensive Leash handling
    • Dog attack response workshop
    • PLEASE NOTE: REINFORCER Course is ideally delivered F2F, but where that is not practical, the online version is available
    Cost

    F2F: $550 per person
    ONLINE: $450 per person
    Group discounts apply. F2F = face to face

    Duration

    F2F– Full day
    ONLINE: 2x 4 hour sessions

    Audience
    • Refresher training Recommended annually
    • Employees who have completed Course 1 & 2
    Learning Outcome
    • Revisit essentials 
    • Extension activities 
    • Constantly revised to incorporate the latest best practice
    50% Theory, 50% Practical
    Topics
    • Essential body language refresher (including more difficult signs) 
    • Updated management techniques for stressed , fearful and aggressive animals
    • Refresher on animal capture, loading, unloading, and equipment usage 
    • Dissecting difficult scenarios
    • Essential dog attack response refresher
    Cost

    F2F: $550 per person
    ONLINE: $450 per person
    Group discounts apply. F2F = face to face

    Upcoming Courses

     

    What participants say

    Couldn't recommend AnimalWise training enough! Very detailed and delivered in an engaging way. Caroline and her team are brilliant and very organised. Highly recommend for all phases of animal handling experience levels. The whole course is great and highly recommended to complete.
    Taleen
    Coordinator Animal Management
    Thank you Caroline for the amazing course i really enjoyed it. I have participated in other animal behaviour/handling courses but i felt i learnt so much more on this course. I definitely feel more confident about spotting animal behaviour and handling. I spoke to Caroline before the course and she was so approachable, helpful and supportive. Thanks again x
    Joanna Wall
    Aspiring AMO
    A great course. Caroline is a great facilitator, who takes the time to ensure the student really comprehends the material. I found her teaching style to be extremely engaging, so I enjoyed the content that much more. Being a novice to the world of animal management, the course provided me with crucial information I otherwise wouldn’t have known, but more importantly, it armed me with the confidence I needed in order to forge ahead in my role as an AMO. I can’t recommend her enough!
    Shannon
    Municipal Laws Officer

    By signing below, the Client and AnimalWise Training agree to the terms and conditions of this Quote and Quote Details and the attached Business Terms and Conditions and the Waiver and Release Form.

    Participating in the Training Services is potentially dangerous and may expose the participants to risks, including accidents, serious injury, illness or even death. AnimalWise Training uses its best endeavours to protect all participants but there remains a possibility of an accident causing animal related injuries, general injury, illness, disability, death or property damage. You participate in the Training Services at your own risk and acknowledge that you have read clause 17, which describe your rights under Australian Consumer Laws, and how AnimalWise Training limits its liability to you.

     

    AnimalWise Training does not guarantee that you will achieve specific outcomes as a result of receiving the Training Services. We will not be liable to you or any third party for any of your acts or omissions subsequent to the Training Services, including for situations where you or a third party suffers damage, loss or injury as a result of relying on any information supplied to you during the Training Services.  

    Signed by the Client:

     

     

    		  

    Full name

     

    Signature

     

     

    		  

    Company/Organisation (if applicable)

     

    Date

     

     

     

    ANIMALWISE TRAINING – BUSINESS TERMS AND CONDITIONS

    This agreement sets out the terms under which COOK, CAROLINE ELIZABETH operating under the business name ‘AnimalWise Training’ ABN 60 849 784 131 (AnimalWise Training we, us, our) provides services and/or goods to you or the company which you represent (the Client, you or yours).

    You will be taken to have to have accepted these terms and conditions if you sign these terms and conditions or otherwise indicate your assent, or if you order, accept or pay for any goods or services provided by AnimalWise Training after receiving or becoming aware of these terms.

    1. QUOTES

    These terms will apply to all the Client’s dealings with AnimalWise Training, including being incorporated in all agreements, quotations or orders under which AnimalWise Training is to provide services to the Client (each a Quote) together with any additional terms included in such Quote (provided such additional terms are recorded in writing).

    In the event of any inconsistency between these terms and conditions and any Quote the clauses of these terms and conditions will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms set out and described as such in a Quote) will prevail over the other terms of this agreement to the extent of any inconsistency.

    1. MEANING OF CAPITALISED WORDS AND PHRASES

    Capitalised words and phrases used in these terms and conditions have the meaning given:

    (a)               to that word or phrase in Quote; or

    (b)               by the word immediately preceding any bolded and bracketed word(s) or phrase(s).

    1. SERVICES

    In consideration for the payment of the Fees, AnimalWise Training will provide the Client with services set out in a Quote (Training Services).

    Unless otherwise agreed, AnimalWise Training may, in its discretion:

    (a)               not commence work on any Training Services until the Client has paid any deposit payable in respect of such Training Services; and

    (b)               withhold delivery of Training Services until the Client has paid the invoice in respect of such Training Services.

    1. PARTICIPANTS AND CLIENT PERSONNEL

    4.1               PRE-TRAINING REQUIREMENTS

    (a)               If any of the Participants included in a Quote have special needs or conditions that may affect their participation in the Training Services, including but not limited to special language, literacy or numeracy needs, a disability, allergy or other condition (Special Needs), you must notify us of such Special Needs prior to any Course Date.

    (b)               You acknowledge and agree that in some cases we may be unable to provide Training Services to Participants with Special Needs, in which case we will refund any fees already paid in relation to such Participants to you or provide the Training Services to a different person you nominate.

    4.2               MINIMUM NUMBER OF PARTICIPANTS

    The Client acknowledges and agrees that the minimum number of participants required for On-Site Training Services to be provided is three (3) and the maximum number of Participants that On-Site Training Services can be provided to on any one Course date is twelve (12), unless otherwise approved by AnimalWise Training.

    4.3               TEAM REPRESENTATIVE AND ASSUMPTION OF RESPONSIBILITY

    (a)               If you are agreeing to this agreement not as an individual but on behalf of your team or a company, employer, organisation or other legal entity (Represented Entity), then “you” or “Client” in these Business Terms and Conditions means the Represented Entity and you are binding the Represented Entity or team, as applicable to this agreement. If you are accepting this agreement and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

    (b)               If you are the manager or other team representative (Team Representative) you must ensure that you have the consent of all the Participants and/or team members, including any individuals and parental/legal guardians, to sign up to this agreement on their behalf, or on behalf of their child, and to provide any personal and sensitive information to AnimalWise Training.

    (c)                You, the Team Representative, is responsible for obtaining all necessary consents, including parental and/or legal guardian consent if applicable for all your team members to participate in the Training Services.

    (d)               Provided you have consent, the Team Representative must ensure that we are provided with all appropriate information of all your team members in order to provide you with the Training Services.

    (e)               The Team Representative must ensure that all team members sign up to the Services and agree to this agreement or terms similar to this agreement.

    (f)                 The Team Representative and the Represented Entity indemnify AnimalWise Training for any claims or liabilities arising from any team member in regards to compliance with this agreement, provision of information, unauthorised disclosure of personal information, lack of parental or legal guardian consent and injury or liability arising from the Training Services.

    (g)               You agree that prior to the provision of the Training Services, each Participant listed in a Quote or receiving the Training Services must complete, sign and return to AnimalWise Training the Waiver and Release Form located in Appendix A of these Business Terms and Conditions.

    (h)               Each Participant must be:

    (i)                 18 years of age; or

    (ii)                the parent or legal guardian of a minor who is to receive the Training Services and agree to be bound by these Business Terms and Conditions and sign the Waiver and Release Form on that Minor’s behalf.

    1. PAYMENT

    5.1               FEES

    The Client must pay to AnimalWise Training fees in the amounts, using the payment methods and at the times set out in the Quote or as otherwise agreed.

    5.2               INVOICES

    Unless otherwise agreed:

    (a)               if AnimalWise Training issues an invoice to the Client, payment must be made by the time(s) specified on such invoice; and

    (b)               in all other circumstances, the Client must pay for all goods and services within 2 weeks of receiving an invoice for amounts payable.

    5.3               LATE PAYMENT

    If the Client does not pay AnimalWise Training the amounts due and payable under an invoice on or before its due date, without limiting any of AnimalWise Training’s other rights under this agreement, the Client must pay AnimalWise Training interest at the rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by AnimalWise Training.

    5.4               DEBT RECOVERY

    If the Client does not pay an amount due under this agreement on or before the date that it is due (Due Date):

    (a)               AnimalWise Training may seek to recover the amount due by referring the matter to debt collectors after 60 days from the Due Date elapse; and

    (b)               the Client must reimburse AnimalWise Training for any costs it incurs, including any legal and debt collector costs, in recovering the amount due or enforcing any of its rights under this agreement.

    5.5               EXPENSES

    If agreed by the parties in writing:

    (a)               the Client will bear all travel, accommodation, office stationery, computer storage, media and related expenses reasonably incurred by AnimalWise Training in connection with a Quote;

    (b)               any third party costs incurred by AnimalWise Training in the course of performing the Training Services may be billed to the Client, unless specifically otherwise provided for in the Quote.

    5.6               GST

    Unless otherwise indicated, amounts stated in a Quote do not include GST. In relation to any GST payable for a taxable supply by AnimalWise Training, the Client must pay the GST subject to AnimalWise Training providing a tax invoice.

    5.7               CARD SURCHARGES

    The Service reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

    6.                  CLIENT OBLIGATIONS

    6.1               COMPLIANCE WITH RULES AND DIRECTIONS

    (a)               During its receipt of the Training Services the Client must, and ensure that all its personnel, at all times:

    (i)                 abide by AnimalWise Training’s rules, policies and reasonable verbal directions;

    (ii)                treat all other Participants with respect;

    (iii)               not intimidate, harass, impersonate, stalk, threaten, bully or endanger any other Participant;

    (iv)               immediately stop participating in any online or face-to-face class or work at AnimalWise Training’s direction.

    (b)               The Client acknowledges and agrees that if in the reasonable opinion of AnimalWise Training:

    (i)                 the behaviour of any Participant is negatively impacting a class, AnimalWise Training may suspend or cancel that Participant’s participation in the Training Services, and the Fees paid in relation to that Participant will not be refundable; and

    (ii)                the Participant’s health is such that it may negatively impact the health of other Participants or the provision of the Training Services, that Participant may be asked to stop taking part in the Training Services. If this is the case, the Participant may receive the Training Services at a date mutually convenient to the Participant and AnimalWise Training.  

    6.2               PROVIDE INFORMATION, EQUIPMENT AND LIAISON

    (a)               The Client must provide AnimalWise Training with all documentation, information and assistance reasonably required for AnimalWise Training to perform the Training Services.

    (b)               The Client agrees to liaise with AnimalWise Training as it reasonably requests for the purpose of enabling AnimalWise Training to provide the Training Services.

    (c)                Where the Client is providing Equipment under a Quote, the Client must ensure that on the Course Date it supplies all the Equipment set out in the relevant Quote and that such Equipment is safe to use and complies with all applicable laws and regulations.

    6.3               VENUE 

    Where the Client is providing the Venue under a Quote:

    (a)               the Client must provide AnimalWise Training with access to a training room, multimedia equipment and parking reasonably required for AnimalWise Training to perform the Training Services; and

    (b)               the Client acknowledges and agrees that when specified in a Quote, AnimalWise Training will require access to the training room at least one week prior to Course Date and without such access will not be able and will not be required to provide any Training Services; and

    (c)                the Client warrants that any Venue it provides is hazard and risk free and in compliance with all applicable laws and regulations, including the Work Health and Safety laws applicable in the relevant state.

    6.4               CATERING

    (a)               If the Client is providing the Catering under a Quote, the Client must:

    (i)                 provide the Catering to the number of Participants listed in the Quote;

    (ii)                ensure that the Catering meets any dietary and allergy requirements of the Participants; and

    (iii)               ensure that the Catering is fresh and compliant with all relevant laws and regulations.

    (b)               If AnimalWise Training is providing the Catering under a Quote, the Client acknowledges and agrees that such Catering will be provided by a third party supplier and that AnimalWise Training will not be liable for any damage or loss that may be suffered in connection with the Catering. While AnimalWise Training may investigate any complaints related to the Catering, such complaints should be directed to third party supplier providing the Catering on the Course Date.

    6.5               DISCOUNTS

    (a)               From time to time AnimalWise Training may offer temporary discounts for some of its training services.  Such discounts will be valid for bookings made on or prior to a specified date and only in relation to services that we will provide within specific time frames.  

    (b)               Where the parties agree in a Quote that the Client is providing the Venue or the Catering, AnimalWise Training must apply to the Fees the Discount set out in a Quote.

    1. CHANGES

    7.1               SCOPE OF TRAINING SERVICES

    The Client must pay additional charges for changes to Training Services requested by Client which are outside the scope set out in the relevant Quote (Changes).

    Unless otherwise agreed:

    (a)               Changes will be charged on a time and materials basis, at AnimalWise Training’s standard hourly rates; and

    (b)               AnimalWise Training may at its discretion extend or modify any delivery schedule or deadlines for the Training Services as may be reasonably required by such Changes.

    7.2               CANCELLING OR RESCHEDULING THE TRAINING SERVICES

    (a)               The Client acknowledges and agrees that cancelling or rescheduling the Training Services may attract the payment of cancellation or rescheduling fees as set out in the applicable Quote, or otherwise provided by AnimalWise Training.

    (b)               Cancelling or rescheduling due to COVID-19 will be dealt with as a Force Majeure Event under clause 19 of these Business Terms.

    (c)                AnimalWise Training reserves the right to cancel, postpone or re-schedule courses due to low enrolments or unforeseen circumstances. Should this occur a full refund and/or an opportunity to reschedule (without penalty) will be offered.

    1. ACCREDITATIONS

    Unless otherwise agreed:

    (a)               all displays or publications of any deliverables provided to the Client as part of the Training Services (Deliverables) must, if requested by AnimalWise Training, bear an accreditation and/or a copyright notice including AnimalWise Training’s name in the form, size and location as directed by AnimalWise Training; and

    (b)               AnimalWise Training retains the right to describe the Training Services and reproduce, publish and display the Deliverables in AnimalWise Training’s portfolios and websites, and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Training Services and Deliverables in connection with such uses.

    1. ONLINE TRAINING SERVICES

    9.1               VIRTUAL COURSES VIA APP

    (a)               If the Training Services are provided in real time online via a virtual classroom, they will be delivered electronically and accessed via a third-party app that we use from time to time and that is currently Zoom (App). 

    (b)               There will be no additional fees payable to AnimalWise Training for using the App, other than any fee applicable to downloading any applications from any app store. 

    (c)                The App we use is a third-party app and is subject to additional terms and conditions. By using the app you will be bound by this clause and the Third Party Terms in clause 13.

    (d)               The App is powered by a third-party platform and the terms and conditions of that third party may apply to your use of the App to the extent applicable to you. Those terms can be accessed here: https://zoom.us/terms

    To the maximum extent permitted under applicable law and our agreement with our app  provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the App or any issues experienced in using the App including downtime and the App not functioning adequately.

    9.2               RECORDED COURSES

    (a)               If the Training Services specified in a Quote include access to recorded online courses (On-Demand Courses), we will make such On-Demand Courses available to you electronically via a third-party Wordpress Learning Management System software that is currently, Learndash (LMS) or other means that we will notify you of from time to time.

    (b)               The On-Demand Courses will be available to you from the time you accept this agreement and for the period of time specified in the relevant Quote (Course Availability). If you require any On-Demand Courses to be extended beyond the Course Availability, you may purchase an extension of the course by contacting us.

    (c)                We will take all reasonable steps to provide you with uninterrupted access to the Services. However, your access may be restricted from time to time for reasons beyond our control, including power outages, actions from computer hackers, software issues and server downtime.

    (d)               To the maximum extent permitted under applicable law and our agreement with our LMS  provider, we will not be liable for any acts or omissions of the LMS, including in relation to any fault or error of the LMS or any issues experienced in using the LMS including downtime and the LMS platform not functioning adequately.

    9.3               LOGIN SECURITY

    (a)               On or before the Course Date or the date of acceptance of this agreement for On-Demand Courses, we will provide each Participant with log-in details to access the Training Services.

    (b)               You must not and must ensure that each Participant does not share the log-in details with any other person and that any use of the log-in details by any other person is strictly prohibited and will result in the cancellation of the Training Services without a refund. You must immediately notify AnimalWise Training of any unauthorised use of the log-in details.

    9.4               SYSTEM COMPATABILITY

    (a)               You agree that it is the Participant’s responsibility to check that the computer and internet service being used to access the Training Services is adequate to access the training services.

    (i)                 Virtual Training App (Zoom) minimum specification requirements may be accessed here.

    (ii)                Virtual Training Participants must test their system prior to receiving the Training Services using the test functionality at https://zoom.us/test and should seek support to rectify the issue should the test fail.

    (iii)               On-Demand Courses may work better on some browser and system combinations. If for some reason you cannot access your course please try another browser and/or device and reset your device and modem before contacting AnimalWise Training.

    (b)               AnimalWise Training will not be liable to you or a Participant if the Training Services may not be provided as a result of any technical issues including but not limited to:

    (i)                 the operation of the internet and the World Wide Web, including but not limited to viruses;

    (ii)                any firewall restrictions that have been placed on your network or the computer you are using to access the Training Services;

    (iii)               failures of telecommunications links and equipment; and

    (iv)               software and browser incompatibility.

    9.5               SECURITY

    AnimalWise Training does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising out of your receipt of any Training Service online, via our website or App. You should take your own precautions to ensure that the process that you employ for accessing the Training Services does not expose you to risk of viruses, malicious computer code or other forms of interference.

    9.6               DISCOUNT COUPONS

    (a)               From time to time we may provide you with a promotional or coupon code for purchasing online Training Services. It is your responsibility to ensure that you enter the code for use at the correct time prior to expiry.

    (b)               A promotional or coupon code may only be redeemed once, and cannot be used in conjunction with any other discounts. Only one discount coupon code may be used per order and must be applied at the time of acceptance of the Training Services and not a later date.

    (c)                Separate terms may apply to the use of the code and will be advised by us. In the event of any inconsistency between coupon code terms and these Business Terms and Conditions, the terms of the promotional or coupon code will prevail to the extent of the inconsistency.

    1. PRODUCTS

    The following clauses will apply if you purchase any goods (Products) from AnimalWise Training.

    10.1            DELIVERY AND SHIPPING

    (a)               (Delivery Details) AnimalWise Training may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by AnimalWise Training; and

    (b)               (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

    10.2            TITLE AND RISK

    Until the price of your Products is paid in full, title in those Products is retained by AnimalWise Training. Risk in the Products will pass to you on delivery. Delivery must not be refused by you and returns and exchanges process in clause 10.3 may apply.

    10.3            RETURNS AND EXCHANGES

    (a)               We do not offer change of mind returns.

    (b)               We will provide a full refund of the price paid for a Product if we determine that:

    (i)                 a Product you have ordered was not received by you solely due to failure by us;

    (ii)                a Products provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or

    (iii)               a Product is faulty, in accordance with clause 10.3(c).

    (c)                (Faulty products) The following process applies to any Product you believe to be faulty.

    (i)                 If you believe your Product is faulty, please contact us using the details provided on our website or in a Quote with a full description of the fault (including images).

    (ii)                If we determine that your Product may be faulty, we will request that you send the Product back to us for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.

    (iii)               If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.

    (iv)               If we determine that the Product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

    (v)                If you fail to comply with the provisions of this clause 10.3(c) in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.

    (vi)               Nothing in this clause 10.3(c) is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

    1. CONFIDENTIALITY & RESTRAINT

    11.1            CONFIDENTIALITY

    Except as contemplated by this agreement or a Quote, a party must not permit any of its officers, employees, agents, contractors or related companies to use or to disclose to any person any confidential information disclosed to it by the other party without its prior written consent.

    This clause does not apply to:

    (a)               information which is generally available to the public (other than as a result of a breach of these terms or another obligation of confidence);

    (b)               information required to be disclosed by any law; or

    (c)                information disclosed by AnimalWise Training to its subcontractors, employees or agents for the purposes of performing the Training Services or its obligations under this agreement.

    11.2            RESTRAINT

    For the duration of any Quote, and for 6 months thereafter, the Client must not employ or engage (or be knowingly involved in another employing or engaging) any officers or employees of AnimalWise Training with which the Client had contact during the course of a Service Agreement.

    1. INTELLECTUAL PROPERTY

    12.1            CLIENT CONTENT

    The Client grants to AnimalWise Training (and its subcontractors, employees or agents) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use the Client Content to the extent reasonably required to perform any Training Services.

    The Client:

    (a)               warrants that AnimalWise Training’s use of Client Content as contemplated by a Quote will not infringe any third-party Intellectual Property Rights; and

    (b)               will indemnify AnimalWise Training from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement.

    12.2            ANIMALWISE TRAINING IP

    Unless otherwise expressly agreed in writing by AnimalWise Training, the Client will not under these terms or any Service Agreement acquire Intellectual Property Rights in any AnimalWise Training IP. Any Developed IP will be solely and exclusively owned by AnimalWise Training.

    AnimalWise Training grants to the Client a non-exclusive, royalty free, non-transferable, worldwide and revocable licence to use AnimalWise Training IP and any Developed IP for the Purpose only.

    For the avoidance of doubt, this licence only applies to the use of the AnimalWise Training IP or any Developed IP by the Client or a Participant covered by a Quote. The Client must not and must ensure that any Participant does not share the AnimalWise Training IP or any Developed IP with any third party.

    12.3            DEFINITIONS

    For the purposes of this clause 12:

    (a)               “Client Content” means any documents or materials supplied by the Client to AnimalWise Training under or in connection with this agreement or a Quote, including any Intellectual Property Rights attaching to those materials.

    (b)               “Developed IP” means any materials produced by AnimalWise Training in the course of providing Training Services including photographs, videos, documentation, reports, data, designs, concepts, know-how, information, advice, opinions, emails, notes whether in draft or final form, in writing, provided orally, either alone or in conjunction with the Client or others, and any Intellectual Property Rights attaching to those materials.

    (c)                “AnimalWise Training IP” all materials owned or licensed by AnimalWise Training that is not Developed IP and any Intellectual Property Rights attaching to those materials.

    (d)               “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world, including copyright, trade marks, designs, patents or other proprietary rights, confidential information and the right to have information kept confidential, or any rights to registration of such rights whether created before or after the Commencement Date, whether registered or unregistered.

    13.               THIRD PARTY TERMS

    (a)               Any Service that requires AnimalWise Training to acquire goods and services supplied by a third party on your behalf may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies. This includes any Payment Providers and the App.

    (b)               You agree to familiarise yourself with any Third Party Terms applicable to any such goods and services and, by instructing AnimalWise Training to acquire the goods or services on your behalf, you will be taken to have agreed to such Third Party Terms.

    (c)                To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay in providing the Services or are negligent in providing services.

    1. COMPLAINTS

    If you or a Participant is dissatisfied with the Training Services, you must contact Dr Caroline Cook at caroline@animalwisetraining.com.au.

    1. PRIVACY

    (a)               AnimalWise Training may collect and use your personal information and/or personal data (including, but not limited to, first name, last name and email address) for the following purposes:

    (i)                 to provide goods, services or information to you;

    (ii)                for record keeping and administrative purposes;

    (iii)               to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;

    (iv)               to send you marketing and promotional messages and other information that may be of interest to you for the purpose of direct marketing; and

    (v)                to send you administrative messages, reminders, notices, updates, security alerts and other information to you.

    (b)               AnimalWise Training may share your personal information in certain circumstances, as follows:

    (i)                 credit-checking agencies for credit control reasons;

    (ii)                disclosures required by law or regulation; and

    (iii)               service providers and other affiliated third parties to enable us to provide our services to you including other professional advisers such as accountants, disaster recovery service providers or auditors.

    (c)                AnimalWise Training may also share your personal information to partners or affiliates under specific circumstances. AnimalWise Training will only do so if you receive a direct financial benefit, such as a promotional code or exclusive offer.

    (d)               If you have any questions about how we collect, use, disclose and/or share your personal information, please contact Dr Caroline Cook at caroline@animalwisetraining.com.au.

    1. WARRANTIES

    (a)               To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

    (b)               Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

    1. LIMITATION OF LIABILITY

    (a)               (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of AnimalWise Training to the Client in respect of loss or damage sustained by the Client under or in connection with this agreement is limited to the total fees paid to AnimalWise Training by the Client in the 6 months prior to the first event giving rise to the relevant liability.

    (b)               (Indemnity) The Client agrees at all times to indemnify and hold harmless AnimalWise Training and its officers, employees and agents (“those indemnified“) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the Client or the Client’s officers’, employees’ or agents’:

    (i)                 breach of any term of this agreement; or

    (ii)                negligent, fraudulent or criminal act or omission.

    (c)                (Consequential loss) AnimalWise Training will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by AnimalWise Training, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.

    1. TERMINATION

    18.1            TERMINATION FOR CAUSE

    Either party (Non-Defaulting Party) may terminate this agreement immediately by written notice to the other party (Defaulting Party) if the Defaulting Party is in breach of this agreement and either:

    (a)               fails to remedy such breach within 14 days of receiving notice from the Non-Defaulting Party requiring it to remedy such breach; or

    (b)               that breach is not capable of remedy.

    18.2            EFFECT OF TERMINATION

    Upon termination of this agreement:

    (a)               AnimalWise Training will refund any amounts paid by the Client for goods or services not provided as at the date of termination;

    (b)               The Client must pay all amounts owed for goods or services already provided as at the date of termination;

    (c)                each party must return all property of other parties to those respective parties;

    (d)               each party must immediately return to each other party, or (if requested by that party) destroy, any documents in its possession or control containing Confidential Information of the other party; and

    (e)               no rights, liabilities or remedies of any party will be invalidated by the termination.

    18.3            SURVIVAL

    Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.

    19.               FORCE MAJEURE

    (a)               If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:

    (i)                 reasonable details of the Force Majeure Event; and

    (ii)                so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.

    (b)               Subject to compliance with clause 19(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

    (c)                The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.

    (d)               For the purposes of this agreement, a ‘Force Majeure Event’ means any:

    (i)                 act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

    (ii)                strikes or other industrial action outside of the control of the Affected Party;

    (iii)               war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or

    (iv)               any decision of a government authority in relation to COVID-19 to the extent it affects the Affected Party’s ability to perform its obligations.

    1. DISPUTE RESOLUTION

    (a)               A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

    (b)               A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

    (c)                Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith.

    (d)               If the dispute is not resolved within a period of 14 days after the date of the notice, a party may by notice to the other party or parties to the dispute refer the dispute for mediation by the Australian Disputes Centre (the ADC) in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to the ADC (Guidelines). The terms of the Guidelines are hereby deemed incorporated into this agreement.

    (e)               If the dispute is not resolved within 28 days after the appointment of the mediator any party may take legal proceedings to resolve the dispute.

    1. NOTICES

    (a)               A notice or other communication to a party under this agreement must be:

    (i)                 in writing and in English; and

    (ii)                delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

    (b)               Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

    (i)                 24 hours after the email was sent; or

    (ii)                when replied to by the other party,

    whichever is earlier.

    1. GENERAL

    22.1            GOVERNING LAW AND JURISDICTION

    This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

    22.2            AMENDMENTS

    This agreement may only be amended in accordance with a written agreement between the parties.

    22.3            WAIVER

    No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    22.4            SEVERANCE

    Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

    22.5            JOINT AND SEVERAL LIABILITY

    An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    22.6            ASSIGNMENT

    A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

    22.7            COUNTERPARTS

    This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.

    22.8            COSTS

    Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

    22.9            ENTIRE AGREEMENT

    This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

    22.10         INTERPRETATION

    (a)               (singular and plural) words in the singular includes the plural (and vice versa);

    (b)               (currency) a reference to $; or “dollar” is to Australian currency;

    (c)                (gender) words indicating a gender includes the corresponding words of any other gender;

    (d)               (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

    (e)               (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

    (f)                 (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

    (g)               (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

    (h)               (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

    (i)                 (headings) headings and words in bold type are for convenience only and do not affect interpretation;

    (j)                 (includes) the word “includes” and similar words in any form is not a word of limitation; and

    (k)                (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

     

     

    APPENDIX A

    ANIMALWISE WAIVER AND RELEASE FORM

    1.     You request to participate in animal-handling training services provided by AnimalWise Training to you or the company or organisation, which employs you (Training Services). This Waiver and Release Form is a contractual agreement between you and COOK, CAROLINE ELIZABETH operating under the business name ‘AnimalWise Training’ ABN 60 849 784 131 (AnimalWise Training, we, us, our) or third parties hired by AnimalWise Training. 

    2.     You understand and acknowledge that the Training Services, may expose you to contact with live animals, such as cats and dogs and as such may expose you to risk, including accidents, injuries, illnesses or even death. You assume all risk of injuries associated with participation in the Training Services, including but not limited to, falls, contact with other participants, equipment failure, risks inherent in handling animals, such as impact injuries, bites and scratches, diseases transmitted from animals to humans, manual handling injuries, the effects of the weather, including high heat and/or humidity and the loss of your personal property and exclude AnimalWise Training from all liability arising from such risks.

    3.     You agree to abide by any directions issued to you by AnimalWise Training during the provision of the Training Services and to keep any passwords, log-in details or information shared with you by AnimalWise Training strictly confidential.

    4.     AnimalWise Training does not guarantee that you will achieve specific outcomes as a result of receiving the Training Services. We will not be liable to you or any third party for any of your acts or omission subsequent to the Training Services, including for situations where you or a third party suffers damage, loss or injury as a result of relying on any information supplied to you during the Training Services. 

    5.     To the maximum extent permitted by law, you exclude AnimalWise Training and its officers, employees and contractors, the organisers, sponsors, other participants and any other persons involved in your participation in the Training Services with AnimalWise Training (Releasees) from any demand, claim, or other proceeding in relation to any injury or death or loss or damage to personal property in connection with your participation in the Training Services with AnimalWise Training, whether or not caused, by an error or an omission or by the negligence of a Releasee.

    6.     You agree to indemnify each Releasee in relation to any demand, claim or proceeding that may be brought in connection with your participation in the Training Services with AnimalWise Training where circumstances giving rise to such a demand, claim, or proceeding were caused or contributed to by you or your breach of the Agreement. 

    7.     You acknowledge and agree that during the provision of the Training Services AnimalWise Training may take photographs, make video and/or audio recordings (including screen recordings) and gather comments and feedback of you and other participants (Media). You consent that the Media may be used by or on behalf of AnimalWise Training, at the discretion of AnimalWise Training, for any purpose it considers appropriate, including for publication on its or any other website or in any media AnimalWise Training may select for publication.

    8.     You irrevocably assign (including as a present assignment of future copyright) and transfer to AnimalWise Training all right, title and interest (including any intellectual property rights) in and to the Media, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Media.

    9.     You acknowledge and agree that AnimalWise Training retains all intellectual property rights in any resources and materials provided to you as part of the Training Services, including online resources, and any material or resources developed as part of the Training Services (AnimalWise Training IP). AnimalWise Training grants you a licence to use AnimalWise Training IP for personal use to the extent required for the Training Services. You must not share any AnimalWise Training IP with any third party, including recording any online sessions, without the permission of AnimalWise Training.

    10.  You agree that should any part of this agreement and waiver be found by a court of law to be against public policy or in violation of any state statute or case precedence, then only that wording is removed and the remainder of this agreement and waiver will remain in full force.

     

    Signed by the Participant (or if applicable, their Parent or Guardian):

     

     

     

     

     

    Full name of Participant

     

    Signature of Participant (Parent or Guardian, if applicable)

     

     

     

    Name of Parent or Guardian (if applicable)

     

    Date
           

     

     

     
         

     

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