2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
7. Liability and Release Waiver
You, in consideration of participating in a course from TDA, on behalf of yourselves, your guests, personal representatives, employees, contractors, heirs, successors, spouses, children, and assigns, hereby agree to the following:
- Horseback Riding is a Dangerous Activity. TDA is in the business of equestrian dressage training, teaching, clinics, and online equestrian education services for the public. TDA is owned and operated by Germán Schneider and Amelia Newcomb, and this Agreement also applies to them individually. You acknowledge the inherent risk in riding, working around horses, and attending equestrian clinics with their horse or being around other horses, all of which are dangerous activities that involve risk of serious personal injury, and in some cases, death. You acknowledge the unpredictable nature and irrational behavior of horses, regardless of their training and past performance, and the inherent dangers of participating in dressage clinics, schooling, and training of horses. You further acknowledge the risks and dangers of being on or around horses, and their reaction to adverse weather, tractors, noise, and/or farm equipment that may cause horses to spook or react in dangerous ways. You also acknowledge the risk and danger of injury or death in the use of the horse(s) saddles, bridles, equipment, and gear or participating in lessons, courses, or clinics. You on behalf of yourself and all others associated with you, knowingly and intelligently assumes the risk and danger associated with horses, their activities, and attending any clinics, courses, or teaching sessions put on by TDA and declares that you have the background and experience to intelligently accept responsibility for these risks.
- Release, Discharge, and Promise Not to Sue. In consideration of participating in TDA’s equestrian clinics, courses, or teaching sessions, the you release, discharge, and promise not to sue TDA, Germán Schneider, Amelia Newcomb, or any of their managers, owners, officers, employees, agents, subcontractors, assistants, and assigns from any and all loss, liability, claim, damages, or costs, of any nature or kind, including attorney fees, arising out of or in any way related to any loss, damage, injury, including death, to person(s), property, horse(s), family member(s), or guest(s), which results, in any way, from any activity that occurred while attending, participating, or being around a clinic, course, or teaching session that was conducted by TDA, regardless of cause including, but not limited to, riding, using, training, caring, schooling, exercising, or competing on a horse, or being around the horses of others, or in any way connected with the use of the horse, any equipment provided therewith, or participating in the TDA clinic. This is a full release of any and all claims, known and unknown.
- Indemnity and Hold Harmless. You agree to indemnify, hold harmless, and defend TDA from any and all claims of any nature or kind which arise or might arise or that are in any way connected with you, for any loss or damage, directly or indirectly related to your participation in the TDA course or clinic. It is the intention of the parties hereto that you will indemnify, hold harmless, and protect TDA from any claims brought by you or anyone associated with you who brings any claim, lawsuit, or cause of action against TDA that arises, in whole or in part, from the alleged negligence of TDA, or as the result of the use of any of the facilities or participation in any courses and clinics regardless of cause or where they are conducted. This indemnity shall include the obligation of you to defend TDA against any and all claims, including reimbursing TDA for attorney fees, upon TDA’s demand, for lawyers of their own selection to defend any claim or action brought against them.
- Representations. You acknowledge that the participation in the course or clinic is at your own risk. You warrant that you are physically and mentally fit to participate in equestrian activities and give consent to TDA for emergency medical treatment in the event of injury to you or veterinary care for your animal(s).
- Authorization to Use Images and Testimonials. By signing below, you acknowledge that equestrian activities, including courses, office hours, study group, lessons, clinics, and training of horses or riders, may be filmed, photographed, or videotaped. You authorize TDA to record your image, picture, and/or voice in photographs, films, videos, and audio. You authorize TDA to edit, at their discretion, and incorporate said images, recordings, likeness, or voices into media form for TDA, including the unrestricted use for purposes of publicity, advertising, and sales promotion.
9. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.