GENERAL TERMS & CONDITIONS: One-on-One Training, Dog Walking, Dog Sitting, & Group Class Instruction
ASSUMPTION OF RISK. The undersigned (“you” or “Participant”) acknowledges that he/she is voluntarily participating in or enrolling his/her dog in dog-related services (including private online training or group online training) provided by Dogkind LLC, with knowledge of the potential dangers. Participant represents that he/she is the owner or guardian of the dog(s) identified in the course registration process. You acknowledge that dogs are unpredictable animals with their own will and drives, and therefore, regardless of training, handling, or environmental circumstance, Dogkind LLC cannot protect against every potential injury, risk or accident to you, to members of the public, to other persons participating in the training or in the area where the training is taking place, or to dogs. These may include dog attacks, dog bites and the responsive actions and complications that arise from them, and you understand and acknowledge that such risks are inherent and cannot be eliminated. This Agreement is intended to shift the risk of you and/or your dog participating in dog-related services to you. Do not sign it unless you are willing to assume the risk to yourself, your dog, and others who might come into contact with your dog during the course of services provided by Dogkind LLC, including the associated risks of bodily injury, death or property damage while you or your dog is participating in dog-related services and related activities in any location including in your own home, or in a public space.
RELEASE OF LIABILITY. Participant agrees that in consideration for being permitted to participate in dog-related services or programs provided by Dogkind LLC, Participant, for himself/herself, and his/her heirs, next of kin, executors, and personal representatives (collectively, “Releasors”), assumes the entire risk associated with participating in such an activity and waives, releases, discharges and covenants not to sue Dogkind LLC, its directors, officers, members, managers, employees, agents, sponsors, organizers, volunteers or other representatives, their successors and/or assigns (collectively, “Releasees”), from any and all liability to Releasors for any loss, harm, damage, claim, injury (including death) or accident to the person or property of Participant, Participant’s dog, any other persons accompanying Participant at the dog training, including any minor children, or members of the public, arising out of or related to participating in dog-related services, even if caused by any negligent act or omission of Releasees. Nothing herein is intended to release Releasees from any harm, injury, claim or damage caused by intentional, wanton or reckless misconduct.
INDEMNIFICATION. You agree that you are and will be responsible for your conduct and the conduct of your dog and others accompanying you (including minor children) at all times. You agree to indemnify and hold harmless Dogkind LLC, its directors, officers, members, managers, employees, agents, sponsors, organizers, volunteers and other representatives (“Dogkind LLC Personnel”), from any and all claims of injury (including death), loss, cost, expenses, or damage to persons, dogs, or property caused by the acts or omissions of you, your dog, and any other persons accompanying you, including any minor children, during the course of training or other dog-related services, as well as by the conduct of your dog under your own care as a result of following training instructions. This provision applies whether the claims are made by you, members of your family, your accompanying guests, Dogkind LLC Personnel, or third parties.
NO GUARANTY OF RESULTS. You recognize that the role you play in your dog’s learning process is integral to achieving desired results. You acknowledge and agree that there is no guaranty that your dog will achieve the desired level of training, despite the best efforts of Dogkind LLC. You further understand that the recommendation of any other product or service by Dogkind LLC is not a guaranty of satisfaction with that product or service.
PHOTO RELEASE. By checking the box below, you give Dogkind LLC permission to publish in print, electronic, or video format the likeness or image of you and/or your dog. You release all claims against Dogkind LLC with respect to privacy rights, publicity rights, copyright ownership and publication, including any claim for compensation related to use of the materials.
SAVINGS CLAUSE. You expressly agree that the foregoing assumption of risk, release, waiver, and indemnity provisions are intended to be as broad and inclusive as permitted by applicable law, and that if any portion thereof is held invalid, you agree that the remaining provisions will continue in full force and effect.
KNOWING AND VOLUNTARY EXECUTION. By checking the box below, you declare that you are at least 18 years of age and competent to sign this Agreement. You acknowledge that you have carefully read this Agreement, understand its contents, and agree to be bound by its terms. You specifically understand that this Agreement includes an assumption of the risk of Dogkind LLC’s negligence and a release of Dogkind LLC’s liability.
Ownership Of All Intellectual Property
All content included as part of online programs you purchase from Dogkind, such as text, graphics, logos, images, as well as the compilation thereof, and any software used, is the property of the Dogkind or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Dogking name, logo, slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of Dogkind or its affiliates or licensors. You must not use such marks without the prior written permission of Dogkind. All other names, logos, product and service names, designs and slogans in Dogkind's online programs are the trademarks of their respective owners.
Your participation in Dogkind's online programs does not result in a transfer of any intellectual property to You, and, as a condition of participation, You agree to observe and abide by all copyright and other intellectual property protection.
With your purchase, you are granted a single-use, non-exclusive, non-transferable, revocable license to access and use to the Dogkind program content and resources you purchased. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
Dogkind content is not for resale. Your participation in Dogkind programs does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of Dogkind and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Dogkind or our licensors except as expressly authorized herein.
You hereby agree that any infringement of Dogkind's intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate Dogkind’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Dogkind respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other program participants and to respect Dogkind’s confidential information.
Specifically, you shall not share any information provided by other program participants outside of the bounds of the program unless you receive express written permission from such other participant to share the information. Similarly, the content of Dogkind's programs contains Dogkind's proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in Dogkind's programs with anyone other than Dogkind, it’s owners and employees, and other program participants.
By participating in Dogkind's programs, you accept personal responsibility for the results of your actions. You agree that Dogkind has not made any guarantees about the results of taking any action, whether recommended in the program or not. Dogkind provides educational and informational resources that are intended to help participants in the program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Dogkind.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of Dogkind or otherwise - applying the principles included in Dogkind's programs are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in Dogkind's programs. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the programs.
Materials Provided By You During The Program
Dogkind does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Dogkind, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, Dogkind has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of Dogkind's programs – in program and other marketing material going forward.
No compensation will be paid with respect to the use of your Submission, as provided herein. Dogkind is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Dogkind’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in South Lake Tahoe, CA. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.