GENERAL TERMS, INFORMED CONSENT, ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
45 Plains View Rd., Boulder, CO 80302
This Agreement is entered into between Tenderfoot Training, a Colorado limited liability company (“Company”) and the undersigned (“I” or “You”) as of the date set forth below.
GENERAL TERMS OF SERVICE:
Pricing for Services offered:
Video training lesson- $80.00
Live, remote training lesson (Zoom) – $100.00 – $185.00
In-person training lesson – $125.00 – $225.00
Phone Consultation – $35.00 – $70.00
Upon purchase, all video/training clients will receive a Home Training Guide.
Payment is due at time of purchase of lesson.
Schedules or time frames of the lessons will be set forth or otherwise agreed upon, prior to the beginning of such lesson and at the point of purchase. Additional training requested by you will be scheduled with the trainer at a mutually convenient time. Refunds may be available upon request, on a case by case basis, as determined in the sole discretion of the Company. Near new equipment, as determined in the sole discretion of Company, may be returned for a full refund.
Refunds are not available after the start of a lesson. Cancellations of a scheduled lesson, with less than 72 hours advance notice, will be charged 50% of the fee.
The Company has the right to discontinue a relationship with a client at any time for any reason.
All content provided by Company to you related to a lesson is intellectual property of the Company, exclusively owned by the Company. Your purchase of a Company lesson entitles you to a single, non-exclusive, limited, non-transferable license to such content. This means that sharing the content with others is strictly prohibited and entitles Company to recover fees from you for any such content shared and all costs and fees associated with collection thereof, including but not limited to attorney fees and costs.
Client is responsible for having any necessary accessories or products needed for the lesson. This may include: leashes, collars, and a safe place to participate in the lesson.
Collars – be sure the collar is properly fitted and cannot slip off your dog’s head. See the Home Training Guide for details.
For video-based training, if your dog is showing aggression, please find a positive trainer in your area to give you personal guidance to promote your success in training and ensure your safety and the safety of your dog and others.
Never put your dog, yourself, or others at risk of injury when around your dog.
Do not test your dog’s skills in an open space without a leash, unless you have already successfully practiced with them, multiple times, at Level 4, with high-level distractions.
Your frequency of practice, your clarity of communication (timing, energy, consistency) and your commitment to success will affect the results you and your dog, experience. The Company provides guidance based upon its methods – your results may differ for a variety of reasons including, your relationship with your dog, your temperament and your dog’s temperament. Company certified trainers will also vary in experience and personality. The Company provides the foundation of methodology and the trainer incorporates it into their lesson as they see fit.
THE COMPANY MAKES NO GUARANTEE OF ANY PARTICULAR RESULTS FROM ITS LESSONS, THE CONTENT RELATED THERETO OR THE PRODUCTS SOLD THROUGH ITS WEBSITE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, BEING FREE FROM DEFECTS OR OTHERWISE.
The use of: shock collars, choke chains, pinch collars, modified pinch collars, head halters, harnesses, and retractable leashes are not Tenderfoot Training tools and do not reflect our methods.
I understand that the lessons and products offered by the Company do not guarantee any particular results or outcomes. You are entering the lesson at your own risk. The lessons offered by the Company provide established, good practices for dog training. I agree to participate in one or more lesson(s) sponsored by Company, which may include, but not limited to, recorded, remote-live or in-person training instruction by any employee, contractor, affiliate, subsidiary or partnership of Company. I understand that my participation in any lessons sponsored by the Company is contingent upon my agreement to the terms and conditions set forth in this Agreement.
I hereby state that I am aware that the lessons which the Company offers and in which I desire to participate are of a nature and kind that can include risk of serious injury, including death, due to the unpredictability of conditions affecting my dog, other animals or people in proximity to me. I recognize and understand that the lessons are not without varying degrees of risk which may include, but are not limited to the following:
Injury to property, animals or other bodily injury, which can result in serious injury or death, injury or death due to negligence on the part of myself or other people around me, injury or death due to improper use, malfunction or failure of equipment, whether known or unknown by me. I am aware that any of these above-mentioned risks may result in serious injury or death to myself, my dog and or my co-participant(s).
ASSUMPTION OF RISK:
You agree that if you engage in any physical exercise or activity, including personal lessons, you do so at your own risk and assume the risk of any and all injury and/or damage you or your dog may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from any instruction provided, or using any equipment, whether provided or made available to you by Company or otherwise, including injuries or damages arising out of the negligence of Company, whether active or passive, or any of Company’s affiliates, employees, agents, representatives, successors, and assigns. You assume the risk of your participation in any lesson or instruction including, but not limited to, self-directed activities or endeavor.
I willingly assume full responsibility for any and all risks that I am exposing myself, my dog and others around me to as a result of my participation in Company’s lessons and accept full responsibility for any injury or death that may result from participation in any such lesson. I hereby certify that I know of no medical or other problems that would increase my or my dog’s risk of illness and injury as a result of participation in any lesson conducted by Company. With my full understanding of the above information, I agree to assume any and all risk associated with my and my dog’s participation in the Company’s lessons.
WAIVER AND RELEASE OF LIABILITY:
I agree on behalf of myself (and all my personal representatives, heirs, executors, administrators, agents, and assigns) to forever waive, release and discharge Company (and its affiliates, related entities, employees, contractors, agents, representatives, successors, and assigns) from any and all responsibility, claims, damages, obligations, liability, or causes of action, whether known or unknown, arising out of or relating to the acts or omissions of Company, or any of their respective affiliates, employees, contractors, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any equipment which may malfunction or break, (b) negligent instruction or supervision, including dog training lessons, and/or (c) negligent hiring or retention of employees.
By execution of this agreement, I hereby agree to forever indemnify, defend and hold harmless Company from any loss, liability, damage, obligation, responsibility, expense or cost Company may incur as a result of my actions or omissions or Company’s provision of products, materials, instruction or other services provided to me. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this Agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Company, its principals, agents, employees, and volunteers from any liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in lessons offered by Company or using the products purchased from the Company.
You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Colorado and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts.
You acknowledge that you have carefully read this waiver and release and fully understand that it is a waiver and release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Company, its employees, contractors, agents, representatives, successors or assigns for Company’s negligence, or for any defective product purchased from Company, whether or not used while receiving instruction from Company. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.