This Service Agreement ("Agreement") is entered into between Delta Tails LLC, a Colorado limited liability company ("Company"), and the individual identified in the enrollment process ("Client").
By enrolling in any Company program and completing payment, Client agrees to be bound by this Agreement.
1.1 Description. Company provides online and in-person dog training services, including but not limited to: service dog training, scent detection training, medical alert and allergen detection training, public access training, and related coaching and support (collectively, "Services"). The specific Services provided to Client are determined by the program(s) in which Client enrolls.
1.2 Program Access. Upon enrollment and payment, Client will receive access to the applicable course materials, community platforms, and support channels for the program purchased, as described on the program enrollment page at the time of purchase.
1.3 Access Period. The duration of Client's access to program materials and community platforms is determined by the program purchased. Access periods are specified on the enrollment page (e.g., "2 Years of Access"). The access period begins on the date of purchase.
2.1 Fees. Client agrees to pay the fees for the selected program as displayed on the checkout page at the time of enrollment. All fees are quoted in U.S. dollars.
2.2 Payment in Full. If Client selects a pay-in-full option, the full amount is due at the time of enrollment.
2.3 Payment Plans. If Client selects a payment plan option, Client agrees to pay all installments according to the schedule presented at checkout. Installment payments will be automatically charged to the payment method on file on the scheduled dates.
2.4 Nonpayment. If any scheduled payment fails or is not received, Company may immediately suspend or revoke Client's access to all program materials, course content, and community platforms without prior notice. Access will remain suspended until payment is brought current. Company reserves the right to work with Client on alternative arrangements at Company's sole discretion, but is under no obligation to do so.
2.5 Taxes. Client is responsible for any applicable taxes, duties, or other governmental charges associated with the purchase.
3.1 No Refunds. All sales are final. Company does not offer refunds for any program enrollment.
3.2 Discretionary Exceptions. Notwithstanding Section 3.1, Company may, in its sole and absolute discretion, offer a full or partial refund or credit in individual circumstances. Any such refund or credit is granted as a courtesy and does not establish a right to refunds for any other Client or in any future transaction. To request consideration for a discretionary refund, Client must contact Company at [email protected] with an explanation of the circumstances.
4.1 Definition. A "washout" occurs when a dog is determined to be unsuitable for service dog work due to temperament, health, behavior, or other factors. A "loss" occurs when a dog passes away or is otherwise permanently unable to continue training.
4.2 Pause of Access. If Client's dog washes out or is lost during the access period, Client may request a pause of their program access. Upon receipt of a written request to [email protected], Company will pause the remaining access period until Client obtains a new dog and is ready to resume training.
4.3 No Refunds or Credits for Washout. A washout or loss does not entitle Client to a refund, credit, or extension beyond the pause described in Section 4.2. Company makes no guarantees regarding any dog's suitability for service work, and the risk that a dog may wash out is assumed by Client.
5.1 Compliance. Client agrees to comply with all program rules, instructions, and guidelines provided by Company, including any rules governing participation in community platforms such as Discord.
5.2 Community Rules. Access to Company's Discord server and other community platforms is subject to the Community Rules posted within those platforms. Company reserves the right to modify the Community Rules at any time. Violation of the Community Rules may result in removal from the community, suspension of program access, or termination of this Agreement, at Company's sole discretion.
5.3 Respectful Participation. Client agrees to engage respectfully with Company staff and other community members. Harassment, bullying, discrimination, or disruptive behavior will not be tolerated and may result in immediate removal from the community and termination of this Agreement without refund.
5.4 No Unauthorized Advice. Client agrees not to provide medical, veterinary, legal, or professional dog training advice to other community members. The community platforms are for peer support and sharing experiences only. Clients who provide advice outside their area of expertise may be removed from the community.
5.5 Confidentiality. Client agrees to keep confidential any personal information shared by other community members, including but not limited to health conditions, disabilities, and family circumstances. Client shall not share screenshots, quotes, or identifying information about other members outside the community without the express consent of the individual(s) involved.
6.1 Company's Right to Restrict. If Company determines, in its professional judgment, that Client's dog presents a safety concern, exhibits aggression, or is otherwise unsuitable for public access work, Company may decline to provide advice, instruction, or support related to public access training.
6.2 Third-Party Consultation. In such circumstances, Company may require Client to obtain an evaluation and clearance from a qualified third-party trainer or veterinary behaviorist before Company will resume providing public access guidance. Company will provide a referral upon request.
6.3 Client's Obligation. Client agrees to comply with any restrictions or requirements imposed under this Section 6. Client acknowledges that continued public access work with a dog that has been flagged for safety concerns is undertaken at Client's sole risk and without Company's endorsement or guidance.
6.4 No Liability. Company shall have no liability for any incident, injury, or damage arising from Client's decision to continue public access work contrary to Company's recommendation or during any period in which Company has declined to provide public access guidance.
7.1 Parental Consent Required. If the handler of the dog enrolled in the program is under eighteen (18) years of age ("Minor Handler"), a parent or legal guardian ("Parent") must be the contracting party for this Agreement. The Parent agrees to this Agreement on behalf of themselves and the Minor Handler.
7.2 Parent Responsibility. The Parent assumes full responsibility for the Minor Handler's participation in the program, compliance with program rules, and any acts or omissions of the Minor Handler. All references to "Client" in this Agreement shall include both the Parent and the Minor Handler.
7.3 Communication. All communications regarding the Minor Handler's participation will be directed to the Parent. The Parent is responsible for supervising the Minor Handler's use of community platforms and ensuring compliance with the Community Rules.
7.4 Waiver on Behalf of Minor. By enrolling a Minor Handler, the Parent acknowledges that they have reviewed and signed the Liability Release, Assumption of Risk, and Indemnification Agreement on behalf of the Minor Handler, and that they have the legal authority to bind the Minor Handler to such agreement to the fullest extent permitted by Colorado law.
8.1 Ownership. All course materials, videos, written content, training methodologies, and other materials provided through the Services ("Program Materials") are the exclusive property of Company and are protected by copyright and other intellectual property laws.
8.2 Limited License. Client is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Program Materials solely for Client's personal, non-commercial use in connection with training Client's own dog(s).
8.3 Restrictions. Client shall not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, sell, license, or otherwise exploit any Program Materials without Company's prior written consent. Client shall not share login credentials, download and redistribute course videos, or provide access to the Program Materials to any third party.
8.4 Termination of License. The license granted in Section 8.2 terminates automatically upon expiration of Client's access period, termination of this Agreement, or any breach of this Section 8.
9.1 Electronic Communications. Client consents to receive communications from Company electronically, including via email, text message, and messaging platforms (e.g., Instagram, Facebook, Discord). Client agrees that electronic communications satisfy any legal requirement for written communication.
9.2 Response Times. Company will make reasonable efforts to respond to Client inquiries within a reasonable timeframe. Response times may vary based on volume, complexity, and Company's operating schedule. Company does not guarantee specific response times.
9.3 Texting Days. Certain programs include designated "texting days" for direct communication with Company. The schedule and format of texting days are described in the program materials and are subject to change at Company's discretion.
10.1 Term. This Agreement begins on the date Client completes enrollment and payment and continues until the end of Client's access period, unless terminated earlier in accordance with this Section 10.
10.2 Termination by Company. Company may terminate this Agreement and revoke Client's access immediately, with or without notice, if: (a) Client breaches any provision of this Agreement; (b) Client violates the Community Rules; (c) Client engages in conduct that Company determines, in its sole discretion, is harmful to the community, other clients, or Company's reputation; or (d) Client fails to make any scheduled payment.
10.3 Termination by Client. Client may terminate this Agreement at any time by providing written notice to [email protected]. Termination by Client does not entitle Client to any refund of fees paid.
10.4 Effect of Termination. Upon termination of this Agreement for any reason: (a) Client's access to all Program Materials and community platforms will be revoked; (b) the license granted in Section 8.2 will terminate; and (c) Client shall remain liable for any fees owed prior to termination. Sections 3, 6.4, 8, 11, 12, 13, 14, and 15 shall survive termination.
11.1 Terms of Service. Client's use of the Company's website is governed by the Terms of Service available at deltatails.com/terms, which are incorporated herein by reference.
11.2 Liability Waiver. Client's participation in the Services is subject to the Liability Release, Assumption of Risk, and Indemnification Agreement ("Waiver"), which must be executed by Client as a condition of enrollment. The Waiver is incorporated herein by reference.
11.3 Conflict. In the event of a conflict between this Agreement and the Waiver, the Waiver shall control with respect to matters of liability, assumption of risk, and indemnification. In the event of a conflict between this Agreement and the Terms of Service, this Agreement shall control with respect to the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL LIABILITY TO CLIENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT TO COMPANY UNDER THIS AGREEMENT.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE, OR EMOTIONAL DISTRESS, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.
THE LIMITATIONS IN THIS SECTION 12 ARE IN ADDITION TO, AND NOT IN LIEU OF, THE RELEASES AND LIMITATIONS CONTAINED IN THE WAIVER.
Client agrees to indemnify, defend, and hold harmless Company, its owners, members, managers, employees, agents, and contractors from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client's breach of this Agreement; (b) Client's violation of any applicable law or regulation; (c) Client's use of the Program Materials; (d) Client's participation in the community platforms; or (e) any claim by a third party arising from Client's or Client's dog's conduct.
14.1 Informal Resolution. Before initiating any formal dispute resolution process, Client agrees to contact Company at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days.
14.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Weld County, Colorado. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
14.3 Class Action Waiver. CLIENT AGREES THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLIENT WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST COMPANY.
14.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.
15.1 Entire Agreement. This Agreement, together with the Terms of Service, Waiver, and Community Rules, constitutes the entire agreement between the parties with respect to the Services and supersedes all prior or contemporaneous communications, agreements, and understandings.
15.2 Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.
15.3 Waiver. Company's failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by Company to be effective.
15.4 Assignment. Client may not assign or transfer this Agreement or any rights hereunder without Company's prior written consent. Company may assign this Agreement to any successor in interest to its business.
15.5 Notices. All notices under this Agreement shall be sent to [email protected] for Company, and to the email address provided by Client at enrollment for Client.
15.6 Independent Contractor. Company is an independent contractor. Nothing in this Agreement creates an employment, partnership, joint venture, or agency relationship between the parties.
15.7 Force Majeure. Company shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, government action, internet or telecommunications failures, or power outages.
15.8 Headings. Section headings are for convenience only and shall not affect the interpretation of this Agreement.
BY ENROLLING IN A DELTA TAILS PROGRAM AND COMPLETING PAYMENT, CLIENT ACKNOWLEDGES THAT CLIENT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THIS AGREEMENT.
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