Terms and Conditions
Agreement between User and k9performanceunleashed.com
Welcome to k9performanceunleashed.com. The k9performanceunleashed.com website (the "Site") is comprised of various web pages operated by Performance Unleashed LLC. k9performanceunleashed.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of k9performanceunleashed.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
k9performanceunleashed.com is an E-Commerce Site.
Performance Unleashed LLC specializes in providing comprehensive fitness programs for dogs, including private coaching, premade programs, as well as educational resources for canine strength and conditioning. Our goal is to enhance the physical health and well-being of dogs through expertly designed fitness regimens and personalized coaching services. Whether you are looking to improve your dog's overall fitness for work or sport or learn more about canine conditioning, our programs are tailored to meet your needs. We pride ourselves on delivering high-quality, evidence-based fitness solutions to support the active and healthy lifestyle of your canine companion.
Privacy
Your use of k9performanceunleashed.com is subject to Performance Unleashed LLC's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting k9performanceunleashed.com or sending emails to Performance Unleashed LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Performance Unleashed LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Performance Unleashed LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Performance Unleashed LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use k9performanceunleashed.com only with permission of a parent or guardian.
Cancellation/Refund Policy
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Monthly Subscription Cancellation Policy:
You may cancel your monthly subscription at any time by logging into your account and navigating to the subscription settings.
Cancellations will take effect at the end of the current billing cycle, and you will not be charged for the following month.
No partial refunds will be issued for cancellations made during the current billing cycle.
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Monthly Subscription Refund Policy:
We do not offer refunds for monthly subscription fees already paid.
If you believe you have been charged in error, please contact our team at k9performanceunleashed@gmail.com within 7 days of the charge for assistance.
Consultations Cancellation Policy:
Consultations must be canceled at least 48 hours in advance to avoid a cancellation fee.
If you cancel your consultation in the 24-48 hour window before the scheduled time, you will be refunded 50% of the consultation fee or you may reschedule for a $25 fee.
Cancellations within 24 hours or no-shows, no refund with be provided and you may reschedule for a $40 fee.
To cancel or reschedule a consultation, please contact our team at k9performanceunleashed@gmail.com
Refund Policy:
Consultations are non-refundable.
Programs (Premade and Custom) Cancellation Policy:
Custom programs can be canceled within 48 hours of consultation.
To cancel a program purchase, please contact our team at k9performanceunleashed@gmail.com
Refund Policy:
Premade and custom programs are non-refundable.
Links to Third Party Sites/Third Party Services
k9performanceunleashed.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Performance Unleashed LLC and Performance Unleashed LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Performance Unleashed LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Performance Unleashed LLC of the site or any association with its operators.
Certain services made available via k9performanceunleashed.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the k9performanceunleashed.com domain, you hereby acknowledge and consent that Performance Unleashed LLC may share such information and data with any third party with whom Performance Unleashed LLC has a contractual relationship to provide the requested product, service or functionality on behalf of k9performanceunleashed.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use k9performanceunleashed.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Performance Unleashed LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Performance Unleashed LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
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 on the Site. Performance Unleashed LLC content is not for resale. Your use of the Site 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 personal use, and will make no other use of the content without the express written permission of Performance Unleashed LLC 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 Performance Unleashed LLC or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Performance Unleashed LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Performance Unleashed LLC Content accessed through k9performanceunleashed.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Performance Unleashed LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or 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. Performance Unleashed LLC 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 Performance Unleashed LLC in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Performance Unleashed LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
DISCLAIMER
All information and activities in our fitness programs and courses are for informational and educational purposes only and are designed for sound, healthy dogs. Our canine conditioning instructors are NOT veterinarians or rehab specialists and cannot and will not diagnose or treat illness, disease, injury, or any other canine physical or mental disorder. The instructor cannot and will not prescribe any treatments, pharmaceuticals, or supplements/remedies. Canine conditioning and fitness activities are not a substitute for veterinary care, exams, diagnoses, and treatment. There are some injuries and health conditions where conditioning/fitness/working activities are not recommended and could be detrimental to the dog. All dogs participating in conditioning, fitness, performance, sporting, or working activities should have veterinary clearance and approval to engage in these activities (including strength training, interval training, endurance training, balance work, stretching, and so on). While there is a wide variety of benefits to dogs engaging in conditioning and fitness programs, no results are guaranteed. Enrollment in this program is based on the results of a pre-assessment form and that we have no reason to believe your dog has any underlying injuries that you did not disclose to us. Enrollment is also based on clearance by your veterinarian to start canine conditioning with your dog. Completion and signing of this form results in no obligation on the instructors part to take the dog and owner into a conditioning program.
WAIVER/RELEASE OF LIABILITY
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS AGREEMENT (hereinafter referred to as the "Waiver Agreement") PLEASE READ ENTIRE DOCUMENT CAREFULLY!!! BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. By signing this agreement, you acknowledge and agree that this Waiver Agreement is voluntary and knowingly entered into by you. Any reference to Performance Unleashed LLC in this Waiver Agreement includes its’ owners, employees, officers, agents, students, clients, and volunteers, and all other persons or entities acting in any capacity on their behalf. IN CONSIDERATION of you and/or your dog’s participation in Performance Unleashed LLC fitness training services offered by Performance Unleashed LLC, by signing this Waiver Agreement , you acknowledge and agree to the following terms and conditions of the Waiver Agreement on behalf of yourself, your spouse, children, parents, heirs, assigns, personal representatives and estate. This document is a full release and indemnity agreement whereby you are agreeing to release and indemnify Performance Unleashed LLC from all risks, known and unknown/unanticipated risks, involving all activities carried out by Performance Unleashed LLC or on Performance Unleashed LLC premises, which are related, arise out of, or are in any way connected with you and/or your dog’s participation in activities at Performance Unleashed LLC. These risks include, but are not limited to, the inherent risk associated with dogs and dog related activities, the risks associated with dog training and dog care, and human error and NEGLIGENCE. You and your dog will be engaged in activities involving, but not limited to fitness training. You agree to abide by all policies and procedures set out by Performance Unleashed LLC. Without limiting the generality of the foregoing: You agree to abide with all rules and regulations and protocols as explained by Performance Unleashed LLC which includes, but is not limited to, the safe and proper usage of fitness and training techniques and equipment at Performance Unleashed LLC and its premises; You are informed and understand: Certain activities that my dog may participate in during the training sessions or fitness training, involve risk and possible injury, including, but not limited to: Exposure to parasites, viruses, and other medical conditions passed from dog-to-dog or person-to-dog; Sprains, strains, bites and broken bones; Fatigue, dehydration, lacerations or death. All exercises can cause injury if not executed with proper form. I will not hold Performance Unleashed LLC responsible if my dog gets injured while performing exercises designed by Performance Unleashed LLC. You further understand that not each and every potential risk can be listed above. You understand that it is my responsibility to ensure that my dog has the appropriate health and fitness level to engage in fitness activities. You are further informed and understand: That you may be exposed to certain risks when bringing your dog to participate in activities at Performance Unleashed LLC or when picking up your dog from participating in activities at Performance Unleashed LLC. Such risks may include property damage, and/or physical injury inside or outside the facility, such as falling, slipping or dog bites. That there are risks involved with training animals, including dogs, as their behavior can be unpredictable; That a dog may, at any time, without warning, move/jump up, forward, backward or sideways; That these risks, and others risks, are inherent when participating in activities at Performance Unleashed LLC; That there are other activities creating risks that may not be anticipated or controlled by Performance Unleashed LLC and further, that by signing this document you acknowledge that Performance Unleashed LLC has no duty to do so; That all risks and activities in general can cause property damage, bodily and personal injuries, illnesses, and death to you, your dog or members of your family; That despite pursuing the creation of a safe environment, Performance Unleashed LLC and/or other people at the Performance Unleashed LLC premises are not infallible and may, on occasion, be passively or actively NEGLIGENT (NEGLIGENT meaning, generally, a failure to exercise ordinary or reasonable care) in their duties and responsibilities to you and this NEGLIGENCE can cause property damage, bodily and personal injuries, illnesses, and death, including wrongful death, to your dog, you or members of your family; That this Waiver Agreement releases Performance Unleashed LLC from NEGLIGENCE, including, but not limited to, any and all actions, for property damage, any bodily and personal injury, illness, paralysis and death; Without limiting the foregoing, you further agree to release and forever discharge Performance Unleashed LLC from any claim whatsoever which arise or may hereafter arise on account of any first-aid treatment or other medical and/or veterinary services rendered in connection with an emergency. By signing and submitting this form, you hereby voluntarily release, forever discharge and agree to indemnify and hold harmless Performance Unleashed LLC and to waive any and all claims, demands or causes of action, for all liability for any loss, damage, expense or injury, including death, that you or your dog may suffer, or that your family, heirs, assigns, personal representatives and estate may suffer, as a result of you and/or your dog’s participation in group training sessions or dog fitness sessions or boarding, with respect to any cause whatsoever, including human error, NEGLIGENCE (whether passive or active), BREACH OF CONTRACT or a BREACH of ANY OTHER DUTY OF CARE owed under any legislation, including, but not limited to, the Occupiers Liability Act, RSO 1990, c.O.2. You further agree to hold harmless and defend and indemnify Performance Unleashed LLC from any and all liability to any third party resulting from you participation in training sessions, dog fitness training and/or boarding with Performance Unleashed LLC.
Termination/Access Restriction
Performance Unleashed LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Performance Unleashed LLC as a result of this agreement or use of the Site. Performance Unleashed LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Performance Unleashed LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Performance Unleashed LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Performance Unleashed LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Performance Unleashed LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Performance Unleashed LLC reserves the right, in its sole discretion, to change the Terms under which k9performanceunleashed.com is offered. The most current version of the Terms will supersede all previous versions. Performance Unleashed LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Performance Unleashed LLC welcomes your questions or comments regarding the Terms:
Email Address:
k9performanceunleashed@gmail.com
Effective as of July 16, 2024