Terms of Service

TERMS OF SERVICE

Effective date: May 15, 2021

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

These Terms of Service (the “Terms of Service”)
constitute a legally binding agreement made between you (“you”, “You”, “Your”, “your”, “user” or
“User”) and Canine Handler Fitness (collectively, “We”, “we”, “Us”, “us”, “Our”, “our” or “Canine
Handler:. These Terms of Service govern the access and use of Canine Handler Fitness’s website located at the
domain https://caninehandlerfitness.com/, and any subdomains used in connection with or related to
the same and any future versions thereof (the “Website”), as well as Canine Handler Fitness mobile application
(the “Canine Handler Fitness App”) (together, the Website and the Canine Handler Fitness App are defined hereinafter
as the “Platform”). These Terms of Service also apply to any and all services made available by Canine
Handler Fitness in person, or through the Platform, including strength training, speed training, cardio training,
core, mobility, flexibility, pain management, injury-prevention, or other services, and instruction,
training, and coaching services related to the same (the “Services”).

Your access to and use of the Services offered by Canine Handler Fitness is expressly conditioned on your
acceptance without modification of the following Terms of Service. Your use of the Platform and/or
the Services constitutes acceptance of these Terms of Service.

Canine Handler Fitness may modify, supplement or amend these Terms of Service at its sole discretion. If so,
you will be notified the next time you use the Platform, and given an opportunity to accept the
modifications. Your continued use of the Platform will be evidence that you acknowledge and agree to
be bound by the modified Terms of Service. If you do not accept the modifications, you are no longer
entitled to use the Platform.

The Services (as defined herein) and the Platform are available only to, and may only be used by persons
who can enter into legally binding contracts under applicable law. The Services and Platform are not
available to minors.

1. Privacy Policy

a. Privacy Policy. Important information about Canine Handler Fitness’s practices on the
collection, use and disclosure of Users’ personal information submitted via the Platform,
or otherwise provided to Canine Handler Fitness, is governed by our Privacy Policy available at
caninehandlerfitness.com/privacy-policy, the terms of which are incorporated into these Terms of
Service. By agreeing to these Terms of Service and making use of the Services and
Platform, you acknowledge and agree that you have read Canine Handler Fitness’s Privacy
Policy and that you consent to the collection, use and disclosure of your personal
information by Canine Handler in accordance with the terms of and for the purposes set
out in Canine Handler Fitness’s Privacy Policy.

2. Canine Handler Fitness Accounts

a. Accurate Information. You represent and warrant that all information supplied by you
on the Platform (including information provided by you to create an account for use of
the Platform (an "Account")) or in connection with your use of the Services is true,
accurate, current and complete.

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b. Security of Accounts. Your Account must be kept secure and you agree that you will not
share or disclose your Account credentials with anyone. Canine Handler Fitness will not be
liable for any loss or damage arising from your failure to safeguard your Account.

c. Discretionary Access to Accounts. Canine Handler Fitness reserves the right to deny your
request for an Account (including usernames) and to disable or terminate access to an
Account (including usernames) issued to you at any time in our sole discretion.

3. Licensed Access to the Platform and Permitted Use.

Subject to your compliance with these Terms of Service, Canine Handler Fitness hereby grants you a personal, revocable, non-exclusive and
non-transferable license to use the Platform in accordance with these Terms of Service (the “Permitted Use”. This limited license and the Permitted Use does not include the right to:

(a) republish, redistribute, transmit, sell, license or download the Platform or any and/or the
content thereof except as is necessary to view and/or use our Platform;

(b) make any use of the
Platform or any content of the Platform other than uses consistent with the Services;

(d) collect account information for the benefit of yourself or another party; or

(e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any
other action that may impose an unreasonable burden or load on our infrastructure.

4. Reservation of Rights. Canine Handler Fitness retains the right, at its sole discretion, to deny any User’s
access to the Platform or the Services, at any time and for any reason, including, but not limited
to, for violation of these Terms of Service or use other than the Permitted Use. You will cease
and desist from any such access or use of the Platform or Services immediately upon request
from us.

5. Access to Services – Each User may access and use the Platform and Services solely for its own
benefit, and in accordance with these Terms of Service. User IDs and passwords are granted to
individual, named persons and may not be shared. Each User shall keep its user ID and password
information strictly confidential and not share such information with any other person, including
any unauthorized person not authorized to access and use the Platform and Services. Each User
will be responsible for any and all actions taken using the User’s Account through the Platform
and the User’s user ID and password.

6. Updates and Maintenance – Canine Handler Fitness may, at its sole discretion and on a scheduled basis
or an emergency basis, provide updates and maintenance on the Platform without notice. The
Platform may be unavailable while Canine Handler Fitness provides updates and maintenance on the
Platform.

7. Disclaimer – Except as expressly set out in these Terms of Service, the Platform and Services,
whether provided in person or via the Platform, are provided “as is” and “as available”, without
any other representations, warranties or conditions or guarantees, and Canine Handler Fitness disclaims
and will not be bound by any other representations, warranties, conditions, or guarantees
whatsoever in connection with the Services and your use and enjoyment thereof, whether
express, implied or statutory, including, without limitation, any warranties of accuracy,
timeliness, performance, completeness, merchantability, workmanlike quality, title, fitness for a
particular purpose or any purpose, and non-infringement of any rights including intellectual
property rights of any other party. Without limiting the generality of the foregoing, Canine
Handler Fitness makes no representation or warranty that:

(i) the Services or the Platform will meet the User’s requirements; or that (ii) the Platform will be uninterrupted, timely, secure or error-free.
No advice or information, whether oral or written, obtained by the User from the Platform or
through or from the Platform and Services or the content shall create any warranty or condition
not expressly stated in the terms.

8. Exclusions and Limitations of Liability

a. YOU AGREE THAT WE SHALL NOT, IN ANY EVENT, BE LIABLE TO YOU FOR ANY
DAMAGES, INCLUDING ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
DATA AND/OR INFORMATION, LOST SAVINGS, OR OTHER EXEMPLARY, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF
OR RELATED TO THESE TERMS OF SERVICE OR: (1) YOUR USE OR INABILITY TO USE THE
PLATFORM OR THE SERVICES OR ANY PART THEREOF; (2) SUSPENSION, LOSS OR
INTERRUPTION OF THE PLATFORM AND/OR SERVICES; (3) LOSS OR LIABILITIES
RESULTING FROM ACTS OR EVENTS BEYOND OUR CONTROL; OR (4) DAMAGES OR
CONSEQUENCES ARISING FROM OR RELATED TO THE INAPPROPRIATE OR
UNAUTHORIZED USE OF THE PLATFORM AND/OR THE SERVICES BY YOU OR ANY OTHER
USER OF THE PLATFORM AND/OR THE SERVICES; WHETHER BASED ON CONTRACT,
TORT, THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR OTHER LEGAL OR
EQUITABLE GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OR
LIKELIHOOD OF THOSE DAMAGES, AND REGARDLESS OF ANY FUNDAMENTAL BREACH
HEREOF OR OF ANY OTHER AGREEMENT.

b. Without limiting the foregoing, you acknowledge that in no event shall Canine Handler Fitness
or any of its suppliers, affiliates, directors, officers, employees, agents or representatives
be liable for any loss, damage, cost or injury, arising out of or that you or your canine
suffer in connection with the Services, including any injuries incurred by you or your
canine as a result of the use of any Services or program, including strength training,
speed training, cardio training, core, mobility, flexibility, pain management, or injury-
prevention services, and instruction, training, and coaching services related to the same.

c. OUR TOTAL, MAXIMUM AGGREGATE LIABILITY AND THE TOTAL, MAXIMUM
AGGREGATE LIABILITY OF CANINE HANDLER FITNESS’S REPRESENTATIVES, ARISING FROM OR
RELATING TO THE SERVICES PROVIDED TO YOU AND THESE TERMS OF SERVICE
(REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY) IS LIMITED TO THE
TOTAL AMOUNT THAT YOU PAID FOR THE SERVICES.

d. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE DISCLAIMERS
AND EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE FOREGOING
DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO YOU TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification – The User shall indemnify Canine Handler Fitness from and against all losses,
damages, costs and expenses, and save Canine Handler Fitness harmless from and against any and all
claims, liabilities, demands, actions, causes of action, lawsuits and proceedings which may be
made or brought against or suffered by Canine Handler Fitness, or which Canine Handler Fitness may suffer or
incur as a result of, in respect of or arising out of, the: (i) User’s use of the Platform or Services,
save and except for any claims, demands, actions, lawsuits or proceedings that arise specifically out of any fraudulent or wilful misconduct of Canine Handler Fitness; (ii) your breach of these Terms of
Service; (iii) your violation of the rights of a third party; or (iv) any overt harmful act toward any
other user of the Platform or the Services.

10. Compliance with Laws – User agrees to comply with all applicable laws in its use of the Platform
and Services. Without limiting the generality of the foregoing, User will not engage in any
unsolicited advertising, marketing, or other activities using the Services, including without
limitation any activities that violate the Telephone Consumer Protection Act of 1991, CAN-SPAM
Act of 2003, Canada’s Anti-Spam Legislation (CASL), or any other anti-spam laws and regulations.

11. Proprietary Rights

a. Platform Proprietary Rights. The Platform, including the Website and the Canine
Handler Fitness App, contains proprietary and confidential information that is protected by
applicable intellectual property and other laws and Canine Handler Fitness retains all right, title
and interest (including all copyright and other rights) in and to the Platform and all
content included in the Platform. You may not remove any copyright, watermark,
author information or other proprietary notices contained in the Platform or its content.
All brand, product and service images, logos and names used in the Platform that
identify Canine Handler Fitness are the trademarks or service marks of Canine Handler Fitness. Nothing
in the Platform shall be deemed to confer on any person any license or right on the part
of Canine Handler Fitness or such supplier with respect to any such image, logo or name. We
reserve all rights in and to the Platform and all content provided on or through the
Platform.

b. Feedback. If you provide feedback regarding the Platform or the Services, such as
recommendations for improvements or features (the “Feedback”), we have the right to
use the Feedback in any way. Any development, implementation, or improvement
made using any of that Feedback is owned by Canine Handler Fitness and may become part of
the Platform or the Services, without any compensation to you.

12. Professional Services – We are not medical professionals, or if We are, during the course of
these Services and our provision of any related material(s) and content, We are not offering Our
professional services and You expressly agree We are not acting in a medical professional
capacity, during the course of providing the Services. None of the Services or any content,
documents, courses, teachings, educational materials, lesson plans, handouts, or other
materials or information provided to you through the Platform or in connection with the
Services should be construed as medical advice.

13. Results and Outcomes – While We may reference certain results, outcomes or situations on the
Platform and in connection with the Services, You understand and acknowledge that We make
no guarantee as to the accuracy of the Services or any material, documents, statements,
courses, educational materials or information contained on or made available through the
Platform or in connection with the Services, or the likelihood of success for You as a result of the
content, offerings, material, documents, statements, courses or information contained on or
made available through the Platform or in connection with the Services. We expressly disclaim
any responsibility for any actions or omissions You choose to make as a result of using the
Services or any material, documents, teachings, statements, courses, educational materials, lesson plans, handouts, or other materials or information contained on or made available through the Platform or in connection with the Services.

14. Successors and Assigns – All of the provisions of these Terms of Service shall be binding upon
and inure to the benefit of the parties hereto and their respective lawful successors and
permitted assigns.

15. Jurisdiction – These Terms of Service shall be governed by and construed in accordance with the
laws of the Province of Alberta and the courts of Alberta and shall have exclusive jurisdiction to
entertain applications for injunctive relief and all other actions arising in connection herewith.

16. Headings – Section headings are not to be considered a part of these Terms of Service and are
not intended to be a full and accurate description of the contents hereof.

17. Amendment and Waiver – No amendment, change or modification of these Terms of Service
shall be valid unless in writing signed by the parties hereto. Waiver by one party hereto of
breach of any provision of these Terms of Service by the other shall not operate or be construed
as a continuing waiver.

18. Survival – Any provision of these Terms of Service which expressly states that it is to continue in
effect after termination or expiration of these Terms of Service, or which by its nature would
survive the termination or expiration of these Terms of Service, shall do so.

19. Unenforceability of Provisions and Severability – If any one or more of the provisions of these
Terms of Service shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, any such provision shall be severable from these Terms of Service, in which event these
Terms of Service shall be construed as if such provision had never been contained herein and
the remainder of these Terms of Service shall nevertheless remain in full force and effect.

20. Entire Understanding – These Terms of Service constitute the entire understanding and
agreement of the parties, and any and all prior agreements, understandings, and
representations are hereby terminated and cancelled in their entirety and are of no further
force and effect.

[End of Terms of Service]