What these terms cover

These are the terms and conditions on which we supply services to you. In making a booking to use our facilities, you expressly accept these terms and conditions. The services which you are agreeing to purchase from us are the use of our facilities for the purposes of exercising your dog(s).

 

Why you should read them

Please read these terms, in particular Clause 4, your obligations, carefully before you submit your booking to us. These terms tell you who we are, how we will provide services to you, what to do if there is a problem and other important information. 

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DEFINITIONS 

 

• “your Dog” shall mean the dog(s) which you book to bring to the Secure Dog Field with you

• “the Dog Field” means the field located off Midge Hall Lane, Leyland

•  “We/Us” means Midge Hall Secure Dog Walking Field

• “Surrounding Access Areas” shall mean all thoroughfares, highways and access ways which you shall be permitted to access for the purposes of accessing the Secure Dog Field.

• “You” means you, the person booking to use the Secure Dog Field.

 

Information about Us 

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Who we are

We are Midge Hall Secure Dog Field

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How to contact us

You can contact us through Facebook Messenger, or by email on woof@midgehalldogfield.co.uk

 

How we may contact you

If we have to contact you, we’ll do so by Facebook Messenger, telephone or by writing to you with the details you provided to us in your booking. 

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Our contract with you

You will book to use the Dog Field through our website. Our acceptance of your request to book to use the Dog Field shall form a contract between us, subject to these terms and conditions. For the avoidance of doubt a new contract shall be made on each occasion that you book to use the Secure Dog Field. 
 

Use of the field is entirely at your own risk. Midge Hall Secure Dog Field accepts no liability for the death of or any illness or injury of any person or dog, or for damage to any property howsoever caused. Midge Hall Secure Dog Field also accepts no liability for any losses, claims, actions, damages, costs, expenses or other liability incurred whilst onsite or on your journey to the field. Yours and your dog(s) behaviour and actions are your sole responsibility and no claim can be made against Midge Hall Secure Dog Field.

You are liable for any damage caused inside and outside of the field by you, your dog(s) or any person in your party. All dogs must be covered under their own third party insurance (public liability insurance). This is usually included in your pet insurance.

 

The total price of the services is displayed on our website and will be shown to you before you elect to book to use the Secure Dog Field. 

 

You shall be permitted to use the Secure Dog Field only for the duration specified in your booking. We will take payment for your booking from you in advance, via our website.

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Cancellation

In making this booking, you are agreeing to purchase a leisure activity on a specified date. Therefore, the “cooling off period” which applies to some contracts by virtue of the Consumer Contracts Regulations 2013 does not apply to this contract. Once you have made your booking, you will have no right to cancel it. 

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If you wish to re-arrange your booking to use the Secure Dog Field, you may be permitted to do so, which you can do yourself with 12 hours of the time of your original booking.

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Your obligations to us

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4. You hereby warrant to us:

• That you have read and agree to abide by the Field Rules published on this website
• That you and any party using the Secure Dog Field and the Surrounding Access Areas with you, shall at all times not cause any suffering to any animal and will comply with all provisions of the Animal Welfare Act 2006;

• That your dog(s) is presently free from disease and vaccinated against Canine Distemper, Canine Parvovirus, Canine Adenovirus, Canine Leptospira and Kennel Cough;

• That your dog(s) is well socialised and has never shown signs of reactivity or hostility towards a human or another animal;

• That your dog(s) is well trained and, if you intend to let your dog(s) off the lead, that you can quickly recall your dog(s) in the event that you are required to;

• That your dog(s) is fit, in good health and able to cope with the physical demands of outdoor and off-lead exercise;

• That your dog is adequately insured for veterinary fees and for third party loss, injury and damage and that use of the Secure Dog Field will not invalidate that policy;

• That your dog(s) is not able to jump or climb a 1.9 metre fence (that being the fence surrounding the perimeter of the Secure Dog Field);

• That you will not do or permit anything to be done on the Secure Dog Field which is illegal or that may be or become a nuisance, annoyance, inconvenience or disturbance to the us or any owner or occupier of neighbouring land;

• That you will not cause or permit to be caused any damage to the Secure Dog Field, including allowing your dog(s) to dig holes;

• That you will only use the Secure Dog Field for the purposes of exercising your dog(s);

• That you will utilise the Access Ways only as directed and permitted by us and using care and caution to other users at all times;

• That you will park any vehicle which you have travelled to the Secure Dog Field in with care and only as directed by us inside the field, and that no more tan two vehicles will attend for your appointment,  and that you will secure that vehicle and the field upon leaving it (maximum two vehicles per appointment);

• That you will closely supervise any person under the age of 18 who is attending the Secure Dog Field with you, and will ensure that they do not behave in a dangerous manner. In particular you will ensure that no minor is permitted to climb the perimeter fence of the Secure Dog Field, nor on the dog equipment;

• That you will only walk, and not run, when using the Secure Dog Field;

• That you will immediately pick up any dog poop and will either deposit it in our dog poop bin or take it home;

• That you will not interact with or approach the livestock in the fields adjacent to the Secure Dog Field and you will not allow your dog(s) to do so;

• That you will, at all times, manage and handle your dog(s) without the use of force or aggression;

• That you will not use any electronic training device, prong collar or choke collar whilst using the Secure Dog Field.

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 (collectively, “the Obligations”)

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4.1 You agree that if you, or any person attending the Secure Dog Field with you, fail to perform any of the Obligations, or if you perform them without due care and attention, we shall be entitled, at our choice to:
a) Terminate your exercise session at the Secure Dog Field and require you to leave the premises immediately;
b) Refuse to admit you or your dog(s) for any further exercise sessions.

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4.2 Further, you agree that if you fail to perform any of the Obligations, or if you perform them without due care, and we are caused a loss as a result of your act or failure to act, you will reimburse us in full for all liabilities, costs, expenses, damages which are suffered or incurred by us.

4.3 Banned breeds inc XL Bullies:

We are covered to hire out the private field for XL Bullies by our insurers on the following basis:

 

1. The dog is registered with the index of exempted dog (IED) and a copy of the life certificate is obtained and provided to them in the event of a claim

2. A copy of the public liability insurance certificate for the dog is obtained and provided to them in the event of a claim

3. The dog handler ratio is 1:1 with their handler at all times

4. The dog is Neutered

5. The dog is Micro Chipped

6. The field is private property with no public access passing through

7. The field is securely fenced and locked so the dog cannot escape

8. The dog is kept on a lead and muzzled until the gate is shut when entering the field

9. The dog is put back on a lead and muzzled before opening the gate to leave the field

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Your Rights 

Summary of your legal rights. See below for a summary of your key legal rights in relation to the services provided by us. Nothing in these terms will affect your legal rights.

 

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says:   

• you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

• if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

• if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

 

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us subject to the limitations set out in this clause. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care, but we are not responsible for any loss or damage that is not foreseeable. 

 

We will not be liable for any loss, injury, illness or damage howsoever caused either on your journey to the field, or during your stay at the field, which is not caused by us, our employees, agents or sub-contractors. 

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We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of us, our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable skill and care.

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You agree that you understand that exercising and handling dogs is a high risk activity and that dogs, by their nature, may be unpredictable and prone to cause accident or injury. No injury or illness howsoever caused while using the field to either dogs or humans is our responsibility.

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You understand that use of the Secure Dog Field requires you to exercise care and caution. The Secure Dog Field and the roads leading to it, is a natural environment and presents hazards and risks including potholes on the roads leading to it. The Secure Dog Field is not flat; it has natural undulations, and you agree to carefully observe your footing whilst manoeuvring around the Secure Dog Field and driving whilst approaching the field on the roads to it to avoid any uneven surfaces or potholes.

 

Our total liability to you for any loss or damage (save for any loss listed at Clause 6.3, which we do not seek to restrict) caused by any breach of these terms by us shall be capped at twice the amount paid by you to us under this contract. 

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We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial or business purposes we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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How we may use your personal information

All information provided to use will be collected, processed and held in accordance with the General Data Protection Regulation.

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We will use the personal information you provide to us to:

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• provide the services; and

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• process your payment for such services.

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We will only give your personal information to third parties where the law either requires or allows us to do so. 

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Other important terms

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If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

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Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

 

Which laws apply to this contract and where you may bring legal proceedings

 

These terms shall be governed by and interpreted in accordance with English law. Any disputes or claims concerning this contract and any matters arising from it shall be dealt with only by the courts of England and Wales.

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It is our intention to provide an excellent service and we hope you will not have cause to complain about the service that you receive.  In the unfortunate event that you do feel frustrated or dissatisfied with any aspect of our service and you cannot resolve that matter with us informally, please contact us by email to explain the nature of your complaint. We will endeavour to respond to you within 14 days.