Terms of Service
Last updated: December 11, 2023
FOR THE HORSE
User Agreement for For The Horse’s programs
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING FOR THE HORSE’S PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH FOR THE HORSE’S PROGRAMS. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:
- YOU HAVE READ THIS AGREEMENT,
- YOU UNDERSTAND IT, AND
- THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF FOR THE HORSE’S PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH FOR THE HORSE’S PROGRAMS, SEEK LEGAL ADVICE, AND CONTACT US IMMEDIATELY AT CHRIS@FORTHEHORSE.COM
WHEREAS, FOR THE HORSE is engaged in the business of equine coaching services; and
WHEREAS YOU desire to engage FOR THE HORSE to provide equine coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation;
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
- Programs: Under the terms of this Agreement, FOR THE HORSE agrees to provide business coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“the Program”) in exchange for a Program Fee. Your access to such Programs is made conditional on payment of such Program Fee.
- Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement and payment completion, you will become enrolled in the program you choose. YOU will only have access to FOR THE HORSE’s Program for the period outlined in the program you choose from the acceptance of this Agreement. You acknowledge and consent to this content accessibility. FOR THE HORSE is not responsible or liable for any access after the period from the acceptance of this Agreement.
- Termination: FOR THE HORSE may terminate this Agreement at any time in its discretion upon notice to YOU. Reasons for termination include, but are not limited to, misconduct and breach of Agreement. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
- Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by FOR THE HORSE, YOU affirmatively consent that FOR THE HORSE may at any time, without notice to do so, reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation.
- YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s). FOR THE HORSE is not liable or responsible for any loss or expenses resulting in the dissemination of any promotional material. You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
- No Refunds: FOR THE HORSE abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by FOR THE HORSE, including any deposit. YOU agree that no refund or reimbursement will be given to YOU in the event of early termination of this Agreement, for whatever cause. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you have no legal right to ask for a refund. YOU agree that any deposit given to FOR THE HORSE in relation to the Program is not refundable.
- Fees and Expenses: By accepting the terms of this Agreement, YOU agree to pay FOR THE HORSE for its services under this Agreement, together with the incidental fees and expenses, including, but not limited to, transaction fees, conversion fees, or refund fees, or any other applicable expenses incurred in connection with the delivery of any services. FOR THE HORSE shall be authorized to charge any Accounts of the Customer for any amount owing to the Company under any provision of this Agreement.
- SECTION 2: NO WARRANTIES
- Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that FOR THE HORSE provides Program(s) related to equine coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success. Further, you acknowledge that everyone's success is different, and dependent on factors such as your own drive, dedication, and motivation. Any examples of results or testimonials are not meant as a promise or guarantee of your own results or success. Please be aware that you may experience income loss by using the Program. In other words: we do not guarantee results, you are responsible for your own success. Further, you acknowledge and agree that FOR THE HORSE is not liable for any loss resulting from participation in this Program(s).
- Limited Liability: In no event will FOR THE HORSE be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a law of contract, warranty, tort (including negligence) products liability or otherwise, even if FOR THE HORSE has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law. FOR THE HORSE shall not be liable to YOU or to any other person for any direct, consequential or special damages attributable to, resulting from or in any way related to the information provided by FOR THE HORSE (including, without limitation, access to or usage thereof) or attributable to, resulting from or in any way related to a computer system breakdown or disruption, system access, negligence or the exercise of any rights under this Agreement.
- Commitment to the Program: By accepting the terms of this Agreement, YOU commit and agree to faithfully execute all the lessons, assignments, and course work in the Program(s) to the best of your ability. You further agree to attend ALL scheduled Q&A and coaching sessions included as part of the Program. You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.
We are not, nor are we holding ourselves out to be a doctor/physician, nurse, physician’s assistant, advance practice nurse, or any other medical professional (“Medical Provider”), psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider”), registered dietician or licensed nutritionist, or member of the clergy. As coaches, we are not providing health care, medical or nutritional therapy services, or attempting to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided in or through our program pertaining to your health or wellness, exercise, relationships, business/career choices, finances, or any other aspect of your life is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that we are not providing medical advice, mental health advice, or religious advice in any way. Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before implementing any recommendations or suggestions from our website. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Website. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. Similarly, coaching sessions and between- session communication (“Coaching”) is for informational purposes only and not intended or implied to be a substitute for professional medical or mental health advice, diagnosis, or treatment.
SECTION 3: Confidentiality
3.1. Confidentiality: Only authorized users who have duly attained access to any Programs offered by FOR THE HORSE by personally agreeing to the terms of this Agreement are permitted to use and participate in such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
- Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System are the sole Intellectual Property of FOR THE HORSE under Canadian copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and FOR THE HORSE, FOR THE HORSE and its third-party licensors own and shall continue to own all right, title, and interest in and to the Audio and/ or Visual Presentations, Documentation, and other elements of the Webinar System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly or granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of FOR THE HORSE, whether by implication, estoppel, or otherwise. All trademarks or service marks that FOR THE HORSE uses in connection with services rendered by FOR THE HORSE are marks owned by FOR THE HORSE. This Agreement does not grant you any right, license, or beneficial interest in such marks, and you shall not assert any right, license, or beneficial interest in such marks or any words or designs that are confusingly similar to such marks.
- Liquidated damages: Any breach or failure to abide by the terms of this Agreement provided in section 3.1 or 3.2 will result in automatic liquidated damages payable by YOU to FOR THE HORSE, of a sum equivalent to five-hundred US dollars (500.00$USD) per day of violation or infringement. At any point you acknowledge and agree that FOR THE HORSE may terminate this Agreement and access to the terms herein for breach of 3.1 and or 3.2 without prior notice.
SECTION 4: Miscellaneous
- Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
- Indemnification: YOU will, at your own expense, defend, indemnify, and hold FOR THE HORSE, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
- Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and FOR THE HORSE concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with FOR THE HORSE relating to the Program, whether oral or written.
- Amendment: FOR THE HORSE reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at https://fortherhorse.com.
- Governing law: This Agreement is governed by the laws of the Province of British Columbia and the laws of Canada applicable thereto. The parties irrevocably submit to the exclusive jurisdiction of the British Columbia courts, judicial district of Kamloops, with respect to any matter which may arise under or in connection with this Agreement.
- Attorneys' Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.
- Acknowledgement: YOU hereby agree and acknowledge:
- that all restrictions and obligations set forth herein are reasonable.
- that FOR THE HORSE may, in its sole discretion and without prior notice, temporarily or definitively suspend, for any reason whatsoever, the provision of or access to information, including the user code or codes and password or passwords which allow YOU to access the information and/or the system database subject to you breaching the terms of Agreement or any other misconduct.
- Other agreements: This Agreement shall not be construed as requiring nor does it require YOU or FOR THE HORSE to enter into other agreements as between themselves or creating obligations other than those set forth herein.
- No Endorsement: The following Agreement does not in any way constitute an (explicit or implicit) endorsement by FOR THE HORSE of YOU or YOUR products or services or any of YOUR work, publication, study, analysis, and FOR THE HORSE dissociate themselves from such. Consequently, YOU shall not make any representations which could suggest such endorsement or such association with FOR THE HORSE
- Notices: All notices under this Agreement shall be in writing and sent or delivered to the parties at their electronic addresses appearing on the Agreement or application.
- Application: The fact that a provision of this Agreement or its application to a person or to any circumstances is in any way held to be invalid or unenforceable shall have no effect on the remaining provisions of this Agreement or on the application of such provision to persons or circumstances other than those with respect to which it was held to be invalid or unenforceable. Each provision of this Agreement is valid and may be fully enforced under the law, independently of any other provision of this Agreement, as each provision is hereby declared to be severable from all other provisions.
- Enforceability: The omission by a party to enforce any provision of this Agreement or to exercise its rights hereunder shall not be construed as constituting a waiver of such provision or such rights, nor shall it in any way impair the validity of this Agreement nor deprive such party of the right subsequently to require absolute respect of its rights or compliance with such provision or any other provision of this Agreement. The fact that a party exercises rights shall not preclude or deprive such party from exercising any other rights conferred upon it hereunder or otherwise, whatever legal action or proceedings it may previously have brought. No waiver by a party of the performance of any of the provisions hereof shall be applicable unless such waiver is recorded in writing and signed by a duly authorized representative of such party.
- Binding Agreement: YOU hereby acknowledge that this Agreement constitutes a valid obligation which is legally binding upon YOU and that such Agreement was signed by YOU or YOUR authorized representative or representatives.
- Liability waiver: YOU hereby acknowledge and agree that you have signed and initialed the ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY form provided here.