Free Virtual Training Session Agreement and Liability Waiver
The Preston’s Planet Foundation, Inc. (Collectively “Preston’s Planet” and “Trainer”) and the undersigned
Participant (“Participant”)
This Free Virtual Training Session Agreement and Liability Waiver (“Agreement”) outlines the terms for
participating in free virtual dog training sessions offered by Preston’s Planet.
1. Nature of Services
Preston’s Planet provides free, educational dog training sessions through Zoom (the “Services”). These Services may include coaching, demonstrations, question and answer segments, and behavior guidance.
No Services will be provided in-person.
The Trainer may provide verbal or written followup recommendations at their sole discretion.
2. Scheduling and Access
Services are offered at no cost and may be scheduled individually or as part of group events pursuant to the availability provided by Trainer.
Participants are responsible for ensuring they have stable internet access and a safe environment for handling their dog during each training session.
3. Publicity Authorization and Release
The Trainer requests your permission to reproduce, through printed, audio, visual, or electronic means, the Services in which you are participants. Your authorization will enable us to use specially prepared materials to promote the continuation and improvement of Trainer’s programs through the use of mass
media, displays, brochures, websites, derivative works and other publications.
Participant fully authorizes and grants the Preston’s Planet and its authorized representatives the irrevocable right to print, photograph, record, and edit as desired the biographical information, name, image, likeness, and/or voice of Participant on audio, video, film, slide, or any other electronic and printed
formats, currently developed (known as “Recordings”), for the purposes stated above or related to the above.
Participant understands and agrees that use of such Recordings will be without any compensation to themselves. Participant agrees that Preston’s Planet shall have an exclusive, fully paid-up, perpetual, worldwide right, title, and interest, including copyright, in the Recordings and shall have the unlimited right to use the Recordings for any purposes stated or related to the above.
Participant hereby releases, acquits, forever discharges, and holds harmless Preston’s Planet, its representatives, employees, directors, licensees, officers, agents, successors, and third parties acting under its authorization from any and all actions, claims, damages, costs, promises, liabilities, or expenses,
including attorney’s fees, brought by Participant which relate to or arising out of any use or distribution of these Recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness, copyright infringement or defamation.
Participant waives any right that they may have to inspect or approve the finished Recordings that may be used by Preston’s Planet.
Participant may revoke this section in writing to Preston’s Planet by emailing connect@prestonsplanet.org. This release is valid until revoked in writing. Upon revocation of this section, Preston’s Planet will not permit further release of any Recordings, but will not be able to call back any Recordings or information that has already been consented to and released.
4. Participant Responsibilities
The Participant agrees to:
- Maintain full control of their dog at all times.
- Ensure the environment is safe and free from hazards during training activities.
- Follow safety instructions and training recommendations provided during the session.
- Inform the Trainer of any known behavioral concerns, including bites, reactivity or aggression.
- Monitor interactions between their dog and any people or animals present during the session.
The Participant understands that they are solely responsible for their dog’s behavior during and after the session.
5. Trainer’s Commitment
The Trainer uses humane, reward-based, evidence-informed methods and will make reasonable efforts to help the Participant reach their goals.
The Trainer does not guarantee specific outcomes. Results depend on many factors including genetics, prior history, environment, and the Participant’s consistency of practice.
6. Health, Safety, and Liability Waiver
The Participant acknowledges and understands that participation in Services is optional and involves inherent risks, whether in person or online, including injury to persons, property, or animals.
By participating in the Services, the Participant:
- Voluntarily chose to participate in Services and assumes all known and unknown risks, foreseeable or unforeseeable, associated with training activities, including falls, slips, dog bites, scratches, premises hazards at Participant’s chosen environment, physical exertion, and the acts
or omissions of other participants and third parties.
- Accepts full responsibility for their dog’s behavior, management, and safety.
- Understands that the Trainer cannot observe the full environment and may not be able to prevent unsafe situations remotely.
- Agrees that any training suggestions are implemented at the Participant’s sole discretion and risk.
- Understands that providing false or incomplete information may void any claims against Preston’s Planet.
Release of Liability
The Participant to the fullest extent permitted by California law, releases, waives, discharges, and covenants not to sue Preston’s Planet, its officers, directors, employees, contractors, or affiliates (the “Released Parties”) for any and all demands, injury, losses, damages, or claims, costs, and expenses of
every kind, including bodily injury, property damage, death, and economic loss arising before, during, or after the virtual session.
Indemnification
The Participant agrees to indemnify and hold harmless Preston’s Planet and the Released Parties from any and all claims, damages, costs, or expenses, related to injury, damage, or liability including attorney fees, resulting from participation in the Services or implementation of training recommendations.
7. Dog Health
The Participant confirms that, to the best of their knowledge:
The dog is healthy and free from contagious illness or parasites. Any behavioral or medical concerns have been disclosed to the Trainer. Any recommendations made by Preston’s Planet cannot and should not be used as medical advice and are not intended to diagnose, treat, cure, or prevent any disease. If Participant believes there is a true medical emergency, Participant should seek the advice of a veterinarian.
8. Governing Law
This Agreement is governed by the laws of the State of California.
9. Legal Terms
This Agreement represents the full agreement between the parties. Any changes must be made in writing and acknowledged by both parties. If any provision is found invalid, the remaining provisions remain in effect. This Agreement may be executed electronically, each of which will be deemed to be an original.
AB 1901 Trainer Disclosure Acknowledgment (California Clients Only)
The Participant acknowledges receipt of the Preston’s Planet California AB 1901 Trainer Disclosure Form, including trainer information, certifications, philosophy, and statements of no relevant civil judgments or convictions