Club Agreement

PerfDog Agreement for Clubs

Last Revised: August 28, 2023

This Agreement for Clubs (the 'Agreement') applies to Clubs and individuals with the authority to enter into an agreement with PerfDog Inc. on behalf of Clubs. The Terms of Service (the 'Terms') located at https://perfdog.com/terms-of-service applies to all Users of the Service.

1. Your Agreement with PerfDog

1.1. This Agreement constitutes a legally binding agreement between you and PerfDog Inc. (henceforth 'PerfDog', 'we' or 'us'), located in Bennett, CO 80102, United States and its subsidiaries or affiliates involved in providing the Service (together, 'PerfDog'). If you are an individual, you represent and warrant that you have the legal right to enter into the Agreement. If you are entering into the Agreement on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity and agree that the entity will bear full responsibility for the compliance of the entity's employees, contractors, agents, customers, and all other third parties that are granted or gain access to the Service by or on behalf of the entity (collectively, your 'Users'). If you (i) are entering into the Agreement on behalf of an entity and do not have authority to bind that entity; or (ii) do not accept and agree to be bound by the Agreement in their entirety, then you are not permitted to access or use the Service. Your permission to access and use the Service is conditioned upon your continued and uninterrupted compliance with the Agreement. The 'Service' means the services PerfDog makes available through the perfdog.com web site or PerfDog API and any other software or services offered by PerfDog in connection to any of those. You acknowledge and agree that your access to or use of the Service will indicate your acceptance of the Agreement.

1.2. You may not use the Service if you are a person barred from receiving the Service under the laws of the United States or any other countries, including the country in which you are resident or from which you access and use the Service. You affirm that you are over the age of 13, as the Service is not intended for children under 13.

2. Service Description

2.1. Clubs may use the Service to:

• Advertise Events, Classes, clinics, and other activities ('Activities') on the Service website
• Accept online and paper entries, registrations, and enrollments ('Entries') for Activities from entrants, participants, students, enrollees and the like ('Entrants')
• Accept online and paper reservations for auxiliary items often associated with Activities including, but not limited to, food, parking, and camping ('Extras')
• Accept online and paper reservations for Club and Activity merchandise ('Merchandise')
• Accept online and paper forms associated with Club memberships ('Memberships')
• Accept electronic payments and paper checks as payment for Entries, Extras, Merchandise, and Memberships
• Manage Activities online ('Activity Management Services')
• Manage Memberships online ('Membership Management Services')

3. Service Fees

3.1. Processing Fees

3.1.1. PerfDog charges Clubs a Processing Fee for processing and accepting payments for Entries and Extras associated with Activities; for Merchandise associated with Clubs and Activities; and for Membership dues associated with Clubs.

3.1.2. Processing Fees for Entries are as follows:

For example, if a Club holds an Activity with an Entry Fee of $50, the associated Processing Fee is $3 per entry.

3.1.3. The Processing Fee for Extras are as follows:

For example, if someone purchases two of the Extra called 'Saturday lunch' for which the club charges $8 each, the associated Processing Fee is $2 per meal for a total Processing fee of $4.

3.1.4. Processing Fees for Merchandise are as follows:

For example, if someone purchases two of the Merchandise item called 'Club tee shirt' for which the club charges $20 each, the associated Processing Fee is $2 per tee shirt for a total Processing Fee of $4.

3.1.5. Processing Fees for Membership are as follows:

For example, if someone chooses to pay for a Membership item called 'Household membership' for which the club charges $40, the associated Processing Fee is $3.

3.1.6. Clubs may choose to pass all or any part of the Processing Fees it owes to PerfDog on to Entrants. Clubs typically pass all of the Processing Fees to Entrants so the Clubs effectively pay nothing to use the Service.

For example, if a Club needs to receive $50 for an Entry in its Activity, the Club may decide to include the Processing Fee in its advertised Entry Fee, thus showing Entrants an Entry Fee of $53.

3.2. Electronic Payment Processing Fees

3.2.1. Effective as of January 1, 2024, PerfDog will charge Clubs an Electronic Payment Processing Fee for payments received by PerfDog for purchases related to the Club that are made with a third party electronic payment method. At this time, credit cards are the only method of third party electronic payment available.

3.2.2. The Electronic Payment Processing Fee is 4% of the total amount of charges made via third party electronic payment processor that are related to Club purchases, regardless of whether any associated Entries or Extras are later changed or cancelled. The Fee is calculated, rounded up to the nearest dollar, and incurred each time PerfDog makes a payment to a Club for those purchases.

For example, if after deducting other applicable Service Fees, PerfDog owes a Club $200 for Entries in a Club Activity and Entrants have charged a total of $100 via credit card for Entries in the Activity, PerfDog will assess a $4 Electronic Payment Processing Fee and will therefore pay the Club $196.

3.2.3. Clubs may choose to pass the Electronic Payment Processing Fee it owes to PerfDog on to Entrants by incorporating the expected fees into the prices they charge for Entries, Extras, Merchandise, and Club Memberships. Like nearly all online and retail vendors that accept credit card payments, Clubs typically pass the full Electronic Payment Processing Fee on to Entrants so the Clubs effectively pay nothing to use the Service.

For example, if a Club needs to receive $50 for an Entry in its Activity, the Club may assume Entrants will pay with a credit card and therefore decide to include both the Processing Fee and the Electronic Payment Processing Fee in its advertised Entry Fee, thus showing Entrants an Entry Fee of $55.

3.3. Settlement Fees

3.3.1. PerfDog charges Clubs a Settlement Fee for each payment made to the Club or other designated recipient as determined by the Club. At this time, checks are the only form of payment Clubs can receive from PerfDog.

3.3.2. For payments made by check, the Settlement Fee is $3, which covers check processing, printing, and mailing costs.

3.3.2.1. If a Club requests PerfDog to mail another check because a recipient's name or address is incorrect or if the check must be made out to another payee name or for any other reason, the stop payment and check reissue fee is $50.

3.4. Future Fees

3.4.1. In the future, PerfDog intends to charge Clubs additional Activity Management Service Fees if they choose to enable optional Activity Management Services. The Processing Fees described in Section 3.1 above pertain to the 'Entry' Phase of Activity Management as defined below.

3.4.2. The 5 Phases of Activity Management and representative Activities for each Phase:

1. Planning

   Scheduling, budgeting, venue selection, vendor selection and negotiation, judge/volunteer acquisition and assignments, parent organization (e.g., AKC) activity submission and approval, advertising, mailing list management

2. Entry

   Online/paper, phone/tablet/computer, credit card/Apple Pay/check processing, email confirmation, changes, cancellations, refunds, activity/day/trial/stake/class/level limits enforcement, waiting list management, 'Extras' (e.g., food, parking, camping, activity and club merchandise, equipment rental)

3. Pre-activity

   Create running orders manually or automatically, live draw watching online, change/optimize running order, post final running order online, email custom running orders to handlers, create catalog, post final catalog online, email custom catalogs to attendees, print judges' books/volunteer assignments/cards/labels

4. On-site

   Move ups, scratches, handler/scout changes, run/brace/stake status updates, running time estimates/updates/sharing, result processing, judges' signatures, prize money allocation

5. Post-activity

   Parent organization (e.g., AKC) reporting, parent organization payment, result email to attendees and Club officials/members, financial reporting for the Club, vendor payments (e.g., venue rental, equipment rental, Porta Potty, catering service, parking provider, bird provider)

4. Payment

4.1. Payment for Activities

4.1.1. For any given Activity, PerfDog deducts all applicable Service Fees owed by the Club organizing that Activity to PerfDog from payments received by PerfDog related to the Activity to calculate the balance owed the Club.

4.1.1.1. Electronic payments via Credit Card, Apple Pay, and other mechanisms are fast, accurate, and generally reliable. When Entrants choose to pay with a check, however, it can lead to more complicated scenarios described in the following sections.

4.1.1.2. An Entrant may accidentally send a check to PerfDog that is payable to the Club organizing the Activity. When this occurs, PerfDog will destroy the check and notify the Entrant (if they provided contact information) that they must either send another check payable to PerfDog or pay online with a Credit Card or other acceptable form of payment.

4.1.1.3. An Entrant may accidentally send a check (with or without a paper Entry) to the Club organizing the Activity.

• If the check is payable to PerfDog, the Club must either send PerfDog the check (and paper Entry, if applicable) or ask the Entrant to send a check payable to PerfDog (along with a paper Entry, if applicable) to avoid having their Entry discarded or cancelled.
• If the check is payable to the Club, the Club must either notify PerfDog that it has received the check or ask the Entrant to send a check payable to PerfDog to avoid having their Entry discarded or cancelled. If the Club also receives a paper Entry, it must send the Entry (or email a good digital image of it) to PerfDog.

4.1.1.4. Checks received by and made payable to PerfDog may be deposited immediately without regard to: 1) the Activity status of covered Entries and Extras, or 2) whether any of the covered Entries or Extras will be placed on a Waiting List. If the Activity is no longer accepting Entries or Extras, or if any of the Entries or Extras are placed on a Waiting List, the Entrant will receive a site Credit for any unused portion of the received payment.

4.1.1.5. At its sole discretion, PerfDog may choose to destroy a received check instead of providing a site Credit if: 1) the Activity is no longer accepting any of the covered Entries or Extras, or 2) the amount of the check is insufficient to cover the Entries or Extras, or 3) the Entrant has an unpaid balance due to a previously bounced check, or 4) the Entrant has previously sent too many checks to PerfDog that bounced.

4.1.1.6. If PerfDog receives a check from an Entrant that bounces, PerfDog will attempt to contact the Entrant and ask him or her to immediately replace the bad check with a good one or an electronic payment online. In either case, the Entrant must pay an Administrative Fee of $25 for the bounced check. If the Entrant cannot be contacted or refuses to resolve the situation:

• The Entrant's Entries in the Activity may be cancelled.
• The Entrant will not be permitted to enter future Activities, pay for Extras, or create or renew a Membership using the Service until all outstanding Administrative Fees and Processing Fees are paid in full.
• The Entrant may be refused entry into future Activities or access to Club Memberships.
• PerfDog will deduct, from the balance PerfDog owes the Club, the original amount due the Club from the bad check.

4.1.2. Events: PerfDog will mail a check for the balance due to the Club Treasurer or other designated recipient within 3 business days of an Authorized Club User (typically the Event Secretary) confirming the Event Financials are correct and finalizing the Event, which must occur after the Event is cancelled or past its scheduled completion as per the Event Premium (event description document).

4.1.3. Classes: PerfDog will mail a check for the balance due to the Club Treasurer or other designated recipient within 3 business days of an Authorized Club User (typically the Class Administrator) confirming the Class Financials are correct and finalizing the Class, which must occur after the Class is cancelled or past its scheduled beginning as per the Class Premium (class description document).

4.1.4. The Club is responsible for paying any taxes that may be due as a consequence of receiving funds from PerfDog.

4.1.5. If for any reason the Club owes PerfDog a debt after an Activity's cancellation or scheduled completion as per the Activity Premium (activity description document), the Club shall pay PerfDog the full amount due within 3 business days.

4.2. Payment for Memberships

4.2.1. For a given Membership, PerfDog deducts all applicable Service Fees owed by the Club to PerfDog from payments received by PerfDog related to the Membership when calculating the balance owed the Club.

4.2.1.1. If a Club chooses to enable the Membership Management Services, PerfDog will deduct all applicable Service Fees for each new or renewed Membership sold when calculating the balance owed the Club, regardless of the type of payment, whether payment for the Membership is received by PerfDog or the Club, or whether PerfDog or the Club sells the Membership.

4.2.1.2. Electronic payments via Credit Card, Apple Pay, and other mechanisms are fast, accurate, and generally reliable. When Members choose to pay with a check, however, it can lead to a number of issues as described in the following sections.

4.2.1.3. A Member may accidentally send a check to PerfDog that is payable to the Club offering the Membership. When this occurs, PerfDog will destroy the check and notify the Member (if they provided contact information) that they must either send another check payable to PerfDog or pay online with a Credit Card or other acceptable form of payment.

4.2.1.4. A Member may accidentally send a check (with or without a paper Application) to the Club offering the Membership.

• If the check is payable to PerfDog, the Club must either send PerfDog the check (and paper Application, if applicable) or ask the Member to send a check payable to PerfDog (along with a paper Application, if applicable) to avoid having their Membership discarded or cancelled.
• If the check is payable to the Club, the Club must either notify PerfDog that it has received the check or ask the Member to send a check payable to PerfDog to avoid having their Membership discarded or cancelled. If the Club also receives a paper Application, it must send the Application (or email a good digital image of it) to PerfDog.

4.2.1.5. If PerfDog receives a check from a Member that bounces, PerfDog will attempt to contact the Member and ask him or her to immediately replace the bad check with a good one or an electronic payment online. In either case, the Member must pay an Administrative Fee of $25 for the bounced check. If the Member cannot be contacted or refuses to resolve the situation:

• The Member's Membership in the Club may be cancelled.
• The Member will not be permitted to create or renew a Membership, enter future Activities, or pay for Extras using the Service until all outstanding Administrative Fees and Processing Fees are paid in full.
• The Member may be refused access to Club Memberships or entry into future Activities.
• PerfDog will deduct, from the balance PerfDog owes the Club, the original amount due the Club from the bad check.

4.2.2. PerfDog will mail a check for the balance due to the Club Treasurer for Membership related payments by January 15th of each year for Membership related payments collected during the prior year.

4.2.2.1. The Club Treasurer may request PerfDog to send a check for the balance due for Membership related payments at any time throughout the year. Upon receiving such a request, PerfDog will mail a check to the Club within 5 business days for the balance due to the Club from Membership related payments collected by PerfDog through the end of the month that is two months prior to the date of the payment request, less any outstanding fees or debts owed by the Club to PerfDog and less an Administrative Fee of $3 to cover check processing, printing, and mailing costs.

4.2.2.2. The Club is responsible for paying any taxes that may be due as a consequence of receiving funds from PerfDog.

4.2.3. If for any reason the Club owes PerfDog a debt related to Memberships, the Club shall pay PerfDog the full amount due by January 15th of each year for Membership related debts accrued during the prior year.

5. Changes, cancellations, and refunds

5.1. Entrants may Cancel their Entries and Extras online at any time. Cancellations prior to the Close of Entry incur an Administrative Fee equal to the original Processing Fee paid. This Administrative Fee is retained by PerfDog. Clubs may choose to pay this fee or have it automatically deducted from the amount of the refund received by Entrants. Cancellations made by Entrants after the Close of Entry are not eligible for a refund.

5.2. Entrants may Change their Entries and Extras online prior the Close of Entry for the associated Activity. Depending on the type of Change, they may be required to pay a Change Fee or effectively Cancel and re-enter the Activity, thereby becoming subject to new Processing Fees. Clubs may choose to pay these fees on behalf of Entrants.

5.3. An Authorized Club User (typically, the Event Secretary or Class Administrator) may cancel any Entry or Extra in his or her Activity online at any time. The Authorized Club User decides whether to refund the affected Entrant, which also incurs an Administrative Fee equal to the original Processing Fee paid. This Administrative Fee is retained by PerfDog. Clubs may choose to pay this fee or have it automatically deducted from the amount of the refund received by Entrants.

5.4. An Authorized Club User (typically, the Event Secretary or Class Administrator) may cancel any stake, class, level, or other portion of an Activity or may cancel the entire Activity online at any time. The Authorized Club User decides whether to refund the affected Entrants, less an Administrative Fee equal to the original Processing Fees paid. This Administrative Fee is retained by PerfDog. Clubs may choose to pay this fee or have it automatically deducted from the amount of the refund received by Entrants. For the sake of clarity, under no circumstances will the original Processing Fees be refunded, even if the Activity or any portion of it is cancelled due to weather, government mandate, illness, death, club dissolution, or any other reason. Any Processing Fees that were to be paid by check are still due, even if the check in question has not yet been written or mailed. The associated Entrant will not be permitted to enter future Activities or pay for Extras using the Service until all outstanding Processing Fees and Administrative Fees are paid in full.

5.5. Waiting List: Waiting List Entries and Extras may be cancelled or changed at any time without a Change Fee or Administrative Fee. If an Authorized Club User or a PerfDog Administrator allows a Waiting List Entry or Extra to be used and the associated Entrant confirms the allowance, the Waiting List Entry or Extra becomes a regular Entry or Extra. From that point forward, the usual rules for an Entry or Extra apply to any cancellations or changes.

5.6. Credits and Refunds

5.6.1. Entrants may choose to keep any refunds they receive as a site Credit. Credits may be used for any purchase on the website and they do not expire. Entrants may convert a Credit into a paid Refund at any time.

5.6.2. Entrants that pay only with a Credit Card may receive their Refund in the form of a credit to the Credit Card that was used to make the original purchase, or they may request a Refund Check. Entrants that pay with Checks or a combination of Checks and Credit Cards may only request a Refund Check.

5.6.3. All Refund Checks incur an Administrative Fee of $3 to cover the cost of check processing, printing, and mailing. Clubs may choose to pay this fee or have it automatically deducted from the amount of the check mailed to Entrants.

5.7. Refunds for Activity Cancellations

5.7.1. When setting up their Activity, an Authorized Club User may choose to have the Club pay all PerfDog Service fees incurred by Entrants, such as Processing Fees and Administrative Fees, related to the Activity.

5.7.2. If an Activity (or any portion of it) is cancelled and an Authorized Club User previously elected to have the Club pay all fees incurred by Entrants in conjunction with the Activity, the Club must pay PerfDog the total amount of all fees to be refunded to Entrants (plus any associated credit card processing or other fees related to this payment) before PerfDog will issue refunds to the affected Entrants.

6. Club Responsibilities

6.1. Clubs are responsible for organizing, running, and reporting on their Activities. The PerfDog Service helps to reduce some of the administrative burden.

6.2. Affiliate Organization interaction

Clubs are responsible for working with and paying (if necessary) any Affiliated Organizations, such as the AKC. In particular, the Club may be required to perform a number of steps including, but not limited to, the following:

• Apply to host the Activity
• Obtain acceptable judges, instructors, and/or other volunteers
• Get approval for the final Activity premium (activity description document)
• Ensure certifications, training, and the like are current
• Report on Activity results in a timely fashion
• Pay to have Activity results recorded

6.3. Clubs must include 'PerfDog Information' in the Activity Premium (activity description document), which must be approved by PerfDog prior to posting on the Service. 'PerfDog Information' is the Service name, website, and optionally the PerfDog physical mailing address if you want to accept mailed in paper Entries. If your Activity is affiliated with the AKC, you must allow for paper entries and you must note that the Entry Fees include a Processing Fee. Email help@perfdog.com for sample premiums (activity description documents).

PerfDog information on Activity Premiums (activity description documents):
Website: https://perfdog.com
Email: help@perfdog.com

Make checks payable to PerfDog and mail to:

6.4. Clubs must obtain access to and pay for the Activity venue and any desired services such as catering, Porta Potty, cleaning services, parking facilities, camping utilities, and the like.

6.5. Clubs must obtain any necessary waivers required by the Activity venue from all participants.

6.6. Clubs must maintain any desired insurance coverage for the participants, Club Officers, staff, volunteers, equipment, and venue of any Activity they organize or manage. PerfDog does not provide insurance.

6.7. The Administrator (e.g., Event Secretary or Class Instructor) should check email or the Service website daily from the time the Activity starts accepting Entries until the Close of Entry. In particular, the Administrator should keep a close eye on the Activity as it starts to fill up and potentially goes on a Waiting List. The Administrator is responsible for allowing or cancelling every Entry on the Waiting List (if any).

7. Changes to the Agreement

7.1. PerfDog may make changes to the Agreement from time to time and at its sole discretion. When changes to the Agreement are made, PerfDog will make the revised version of the Agreement available at https://perfdog.com/club-agreement. The revised Agreement will identify the date on which the document was last revised.

7.2. You acknowledge and agree that your continued access to or use of the Service after the date on which the revised Agreement has been posted will indicate your acceptance of the revised Agreement. If you do not accept the revised Agreement, your only recourse is to stop using the Service and terminate this Agreement. If your acceptance of the Agreement by continued access or use of the Service is found to be contrary to law or public policy or unenforceable by a court of competent jurisdiction, then the most recent version of the Agreement that is enforceable and not contrary to law or public policy will be deemed to have remained in effect and to govern your use of the Service.