By using your password and logging into your account on our Northeast K9 Conditioning Academy site (https://www.nek9academy.com/), you acknowledge receipt and agreement to the Terms and Conditions and Code of Ethics that are listed below. 

By using your password and logging into your online account, you also acknowledge receipt and agreement to our Northeast K9 Conditioning website’s “Privacy Policy, Terms of Use & Conditions” found at https://www.northeastk9conditioning.com/pages/terms and the Terms and Conditions that are found on our Northeast K9 Conditioning Academy website https://www.nek9academy.com/terms-conditions.

 

Terms & Conditions Specific to the Elite K9 Athlete Program

The following Agreement is made between Northeast K9 Conditioning, LLC and Northeast K9 Conditioning Academy (collectively the “Company”) and you, the student enrolled in the Elite K9 Athlete Program (“you” or “student” or “member”).

 

Access to the Elite K9 Athlete Program includes the following:

1. 12-month access to the Elite Canine Athlete course
2. 12-month access to “Canine Conditioning 101” course
3. 12-month access to the Northeast K9 Conditioning Academy online resources
4. Bi-weekly group coaching calls for 12 months
5. Jump Start Orientation Session
6. 3 Virtual private coaching sessions
7. Exclusive access to our online Facebook group communities
8. Support and email access to Dr. Erica C. Boling between coaching calls
9. Access to all online bonus resources for the duration of the program
10. Bonus course trainings on massage, finding the anatomy of the dog, and canine sport nutrition
11. Eligibility to apply to the Elite K9 Athlete Certification Practicum upon successful program completion

 

To become a Certified Canine Athlete Specialist (CCAS), you must apply to the Elite K9 Athlete Practicum after completing your Elite K9 Athlete Program coursework. There is an additional fee to enroll in the Elite K9 Athlete Practicum. All coursework and the Elite K9 Athlete Practicum must be completed within 12 months from the date of your initial enrollment in the Elite K9 Athlete Program. 

All private coaching sessions must be used be used within 12 months upon enrolling in the program. Unused coaching sessions cannot be reimbursed. Additional sessions can be purchased at a discounted rate, should you decide you need more. 

Successful graduates of all our online canine fitness programs can apply for Continuing Education Units (CEUs) from Colorado State University Pueblo. CEUs and the associated transcripts and certificates are issued only by CSU Pueblo as the awarding institution and are contingent upon a continued MOU with Northeast K9 Conditioning. To receive course or program CEUs from CSU Pueblo, all graduates must register for their CEUs through CSU Pueblo’s registration portal. Upon such registration, graduates will then be issued their certificate and copy of their unofficial transcript from CSU Pueblo.

 

TERMS OF USE & INTELLECTUAL PROPERTY AGREEMENT

1. All content, videos, training materials, PowerPoint presentations, handouts, products, services and/or other materials, made available through Northeast K9 Conditioning, LLC (including its website and all content found on the Northeast K9 Conditioning Academy site) or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Northeast K9 Conditioning, LLC and are the property of the Northeast K9 Conditioning Academy  and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes.

2. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by Northeast K9 Conditioning, LLC. Module “Action Guides,” presentation PDF slides, and lists of “Additional Resources” can be downloaded for personal use only. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Northeast K9 Conditioning, LLC, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

3. All content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

4. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Northeast K9 Conditioning”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted and expressed in writing by Northeast K9 Conditioning, LLC. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of Northeast K9 Conditioning, LLC and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of Northeast K9 Conditioning, LLC.

 

REFUND POLICY

If you feel that Northeast K9 Conditioning Academy products and courses do not meet your expectations of quality and value, you must let us know in writing within 14 days of your initial payment. The price of the program will be refunded minus a $350 processing and Orientation fee. All email correspondence should go to [email protected]. 

 

LATE OR FAILED PAYMENT POLICY

If a late or failed payment is not rectified within 7 days of notification, access to all online content, program resources and one-on-one coaching sessions will be terminated until payment is fulfilled. No refunds will be issued.

 

PLAGIARISM & FRAUDULENT USE OF WORK THAT IS NOT YOUR OWN

All work submitted for assignments for certification must be your own. Both intended and unintended use of other people’s work (in text, visual and/or audio form) that is not used with permission and properly cited can result in immediate failure in the program and possible expulsion. Examples of plagiarism and breaking of copyright law can include such things as a) passing off another person’s ideas or words as your own, b) presenting “as new and original an idea or product from an existing source,” c) copying words or ideas from another person and not giving them credit, d) copying media (e.g., visuals, photos, graphics, videos, etc.) from other websites and using them on your own site, handouts, resources, and e) borrowing from a written source without referencing the original author. For more information on plagiarism and copyright law, visit https://www.plagiarism.org/article/what-is-plagiarism and https://www.copyright.gov/title17/. 

 

BUSINESS COACHING, COURSE & PROGRAM DISCLAIMER

Please note that business coaching services, products, and all courses offered through Northeast K9 Conditioning, LLC and Dr. Erica C. Boling are not to be interpreted as a promise or guarantee of earnings. 

Your level of success in attaining the results from our coaching services, courses/programs, and products depends on the time you devote to the program, ideas and techniques used, your own knowledge/skills, your prior experiences, and other factors that are outside of our control. Since these factors differ from person to person, we cannot guarantee your success, current earnings, future earnings, or income level. Northeast K9 Conditioning, LLC and Dr. Erica C. Boling are also not responsible for any of your actions.

Any and all forward-looking statements on our website, through course materials, and through conversations are intended to express our opinion of the earnings potential that some people may achieve.  Many factors will play a role in your actual results, and Northeast K9 Conditioning, LLC and Dr. Erica C. Boling make no guarantees that you will achieve results seen or stated by others. In fact, we make no guarantees that you will achieve any results from the ideas, information, strategies, and techniques that are introduced to you through our websites, coaching, instruction, and course/program offerings. 

 

HOLD HARMLESS, INDEMNITY

Student and/or Graduate, whether or not certified by the Company and/or Dr. Boling, agrees to indemnify and hold harmless the Company and Dr. Erica C. Boling, her agents, servants or faculty, from any and all liability, damages, expenses, causes of action, suits, claims or judgments arising from injury to persons, animals or property as a result of, consequence of or caused by Student’s and/or Graduate’s negligence, his/her agents or servants negligence, in the Student’s and/or Graduate’s or his/her agents or servants implementation of, representations related to and/or any other actions related or pursuant to the training, course program purchased or information received by Student and/or Graduate from the Company and Dr. Boling pursuant to and under the terms of this Agreement, the terms provided on the Company’s website as stated in Company’s “Privacy Policy, Terms of Use & Conditions” Agreement and/or Company’s “Code of Ethics & Professional Conduct” Agreement, all of which are made a part of this Agreement by reference thereto and Student and/or Graduate shall at his/her own expense, defend any and all suits which may be brought against the Company and Dr. Boling, either alone or in conjunction with others, upon any such liability, theory, claim or claims. 

 

ASSUMPTION OF RISK

Student and/or Graduate understands and acknowledges the inherent risk and potential unpredictability of an animal’s behavior in working with dogs and their owners and Student and/or Graduate assumes such risk at his/hers own risk and takes full responsibility for any and all actions taken by Student and/or Graduate in working with dogs and their owners. 

 

GOVERNING LAW; JURISDICTION; DISPUTE RESOLUTION; ATTORNEY’S FEES

This Agreement, the rights and obligations of the parties hereto, and all claims or disputes relating thereto, shall be governed by and construed in accordance with the laws of the State of Maine (without regard to choice of law provisions).  Without limiting any other damages available at law or equity, the parties agree that in connection with any dispute hereunder, the prevailing party may recover its costs and expenses, including without limitation its legal fees and expenses, from the losing party.  Further, should all parties agree in writing to choose alternative dispute resolution in lieu of litigation, any controversy or claim arising out of or relating to this contract, or the breach thereof, may be settled through mediation or by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 

 

NOTICE

All notices, demands or other communications are to be given or delivered under or by reason of the provisions of this Agreement shall be in writing and shall be deemed to have been given when delivered personally to the recipient or when sent by facsimile or electronic mail, if the receipt of such facsimile or electronic mail is acknowledged by Company through return facsimile or electronic mail, otherwise delivery by facsimile or electronic mail should be followed by delivery through a reputable courier service or by U.S. Mail, but notice shall not be deemed to have been duly given unless and until it is actually received by the intended recipient. 

 

SECTION HEADING; INCONSISTENCY

The section headings used in this Agreement are included solely for convenience and shall not affect or be used in connection with, the interpretation of this Agreement.  In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the Company, the terms of this Agreement shall govern and control.

 

WAIVER; MODIFICATION

Upon any request by Student to modify, waive or discharge any substantive provision of this Agreement, no such provision may be modified, waived or discharged unless such request for waiver, modification or discharge is agreed to in writing and signed by the Student and an authorized officer or manager of the Company or Dr. Boling.  No properly agreed to waiver shall be construed or deemed to be a waiver of any other similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.  This Agreement, the provisions made a part of this Agreement by reference thereto, together with all exhibits hereto (if any) sets forth the entire agreement of the parties hereto in respect of the subject matter contained herein and supersedes any and all prior agreements or understandings between the parties hereto with respect to the subject matter hereof.  No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which are not expressly set forth in this Agreement. 

 

NO ASSIGNMENTS

This Agreement is personal to each of the parties hereto and no party may assign or delegate any rights or obligations hereunder, unless as provided for in this Agreement and/or any of the referenced terms and conditions, without first obtaining the written consent of the other party hereto.

 

SEVERABILITY

The provisions of this Agreement shall be deemed severable.  The invalidity or unenforceability of any provision of this Agreement in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this Agreement in such jurisdiction or the validity, legality

or                          

enforceability of any provision of this Agreement in any other jurisdiction, it being intended that all rights and obligations of the parties hereunder shall be enforceable to the fullest extent permitted by applicable law. 

 

FORCE MAJEURE

Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.  In the event of a threatened default or default as a result of any cause beyond its reasonable control, the defaulting party shall nonetheless exercise its best efforts to avoid and cure such default.  In the event such an event prevents performance thereunder for a period in excess of ninety (90) days, then the non-defaulting party may elect to terminate this Agreement by a written notice to the defaulting party.

 

NO WARRANTIES

YOU FULLY AGREE AND UNDERSTAND THAT NORTHEAST K9 CONDITIONING, LLC and DR. ERICA C. BOLING ARE NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, THAT OUR PRODUCTS OR SERVICES WILL PRODUCE ANY PARTICULAR RESULT FOR YOU.

 

MERGER

The parties intend this statement of their Agreement to constitute the complete, exclusive, and fully integrated statement of their Agreement. As such, it is the sole expression of their Agreement, and they are not bound by any other agreements of whatsoever kind or nature. The parties also intend that this Agreement may not be supplemented, explained, or interpreted by any evidence of trade usage or course of dealing. The parties did not rely upon statements or representations not contained within the document itself, the referenced terms and conditions, links and websites included herein.

 

Code of Ethics & Professional Conduct

As a member of the Elite K9 Athlete Program, you understand that your comments and actions can be seen as a reflection of the canine fitness industry, Northeast K9 Conditioning LLC, your own business (when applicable), and yourself. Because of this, you agree to present yourself with the highest level of professionalism. As a member of the Northeast K9 Conditioning and Elite K9 Athlete community, you also promise to uphold the following:

• You understand that the Elite K9 Athlete Program is designed for your own individual knowledge and use. You understand that the Elite K9 Athlete Practicum, which can lead to becoming a Certified Canine Athlete Specialist (CCAS), is designed for those individuals who want to continue learning so that they create canine fitness programs for other dogs and owners. To become a Certified Canine Athlete Specialist (CCAS), both the Elite K9 Athlete Program and Elite K9 Athlete Practicum must be successfully completed. 
• If you become a Certified Canine Athlete Specialist (CCAS), you understand that you will provide information for educational purposes and for working with, designing, and implementing exercise programs that are focused solely on the general well-being of healthy dogs. You also understand that all exercises and activities covered in the Elite K9 Athlete Program are designed for only healthy dogs. 
• You understand and agree to make it clear to others that canine fitness services ARE NOT TO BE USED AS A SUBSTITUTE FOR REGULAR VETERINARY MEDICINE AND ARE NOT DIAGNOSTICALLY PRESCRIPTIVE IN NATURE.
• You agree to make it clear through your interactions with friends, colleagues, family, clients and/or potential clients, both face-to-face and online, that when you represent yourself as a student or graduate from any of our programs and certifications, you are not representing yourself as a veterinarian or medical expert and cannot not diagnose, advise, prescribe, or administer any drug, medication or treatment of any kind for the prevention, cure or relief of a wound, fracture, bodily injury, or disease.
• You agree that you will not conduct canine fitness activities or design fitness programs for any dog unless if you have received signed disclaimer and health history from the client/owner/handler stating that his/her dog is healthy and can participate in canine fitness activities.
• You agree that you will only work with dogs in good health or who have received written approval and clearance from a licensed veterinarian or appropriately credentialed healthcare provider to participate in fitness related activities. If a dog has or is recovering from an illness, injury, or disease, you understand that it is your responsibility to require the owner/client to submit in advance a written consent from the dog's veterinarian or an equivalent healthcare professional indicating that the dog can safely participate in canine fitness activities.
• If you have any concerns about a dog's health, discover an injury or illness, and/or notice even the slightest sign of discomfort or pain, you agree to refer the dog and owner/client to a licensed healthcare professional. 
• You agree that all dogs' mental and physical wellbeing are of utmost importance and understand that if you am legally found guilty of animal abuse, you will remove any and all of your associations, references and connections with Northeast K9 Conditioning. If certified, this includes no longer advertising that you are a Certified Canine Athlete Specialist (CCAS) and removing all references to Northeast K9 Conditioning and certification from websites, social media sites, and interactions with others.
• You understand that Northeast K9 Conditioning, LLC does not support the use of weighted vests or external weights on the extremities of dogs for exercise unless if under the recommendation and supervision of a certified canine physical therapist or veterinarian.
• You understand that copyright law protects all materials, videos, handouts, PowerPoints and resources that were created and shared through the Northeast K9 Conditioning Academy site. Any reproduction or republication of all or part of these materials is expressly prohibited, unless if Erica C. Boling, representing Northeast K9 Conditioning, LLC, has explicitly granted prior written consent. 
• You understand the inherent risk of working with dogs and their owners and take full responsibility for any and all actions that you take. You understand that canine fitness is an evolving field, and you take full responsibility for the ways that you have interpreted and chosen to implement any and all information that you have and/or will receive through all interactions with Northeast K9 Conditioning, instructors, coaches, and guest speakers teaching for Northeast K9 Conditioning, and Dr. Erica C. Boling. This includes all programs, courses, social media interactions, email communications, instructional videos and more. You agree to indemnify and hold Northeast K9 Conditioning and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney's fees, arising out of or relating to my breach of this Agreement and/or any of you actions, statements or recommendations that you give or make related to dogs, canine fitness, and to canine handlers and/or owners.
• You acknowledge that if you do not uphold the Code of Ethics and Professional Conduct as described above, you can no longer mention you association with Northeast K9 Conditioning, the Elite K9 Athlete Program, or use your CCAS credentials if you become certified. 

 

Date: February 14, 2023