Please note that your use of this website constitutes your unconditional consent and agreement to follow these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested. Confirming your purchase at the end of the checkout process acts as your legal signature. By use of this web site, you hereby agree to indemnify, defend and hold harmless BrentGraef.com and/or its affiliates from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees and court costs, arising from or related to your use of the Site or any breach by you of these Terms and Conditions.
Terms and Conditions
Please note that your use of this website constitutes your unconditional consent and agreement to follow these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.
Equine activities can be Hazardous and may subject participants to injury. We assume no liability for your activities. The contents and videos provide general instructions and techniques that may not be suitable for everyone. No warranty is given regarding suitability of these instructions to the viewer.
Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply BrentGraef.com’s endorsement, sponsorship or recommendation of the third party, its information, products or services. BrentGraef.com is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.
Intellectual Property, Copyrights, Trademarks and Patends
“Intellectual Property, Copyrights, Trademarks and Patents”]Any and all Content on any BrentGraef.com site, including for example all of the page headers, images, illustrations, graphics, audio clips, animation, sounds, video clips and text, are subject to intellectual property rights held by BrentGraef.com, one of its affiliates or by third parties who have licensed their materials to BrentGraef.com. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites. Copying, renting, lending, publishing, public performance and radio or TV broadcasting – even for excerpts – is prohibited. For private use only. Commercial use, exchange and transfer or tacit acceptance of such is forbidden and will lead to to civil and criminal prosecution.
VIDEO: Brent and Kris Graef have licensed the film (including its soundtrack) for private home use only. All other rights are reserved. Any unauthorized copying, editing, exhibition, renting, exchanging, distribution, display, lending, public performance (including online public performance), diffusion and/or broadcast (including online broadcast) of this VIDEO/DVD or any part thereof is strictly prohibited and any such action establishes liability for civil action and may give rise to criminal prosecution.
Submissions and Feedback
We thank you for your comments regarding this website. Please note that by submitting any stories, comments, feedback, reviews, letters, suggestions, ideas, and/or all other submissions submitted or offered to BrentGraef.com, whether through this Site, by telephone, by e-mail or otherwise submitted or offered, you hereby grant BrentGraef.com a royalty-free, irrevocable, transferable right and license to use such comments however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form.
BrentGraef.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us anything that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. BrentGraef.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
Refund and Exchange Policy
This refund & exchange policy is only for merchandise. Rider fees to participate in horsemanship clinics are non-refundable and non-transferrable to another clinic. In the case of a natural disaster, Brent will do his best to re-schedule the event; rider fees remain non-refundable.)
Due to the nature of the products we sell (mostly handmade) orders are subject to stock & availability. Some items may take longer to ship if they need to be made.
If the item you received isn’t what you had in mind you may return or exchange the merchandise up to 15 days from the purchase date. Merchandise will be accepted for exchange or return in new condition only. Shipping is non-refundable and the customer is responsible for return shipping charges.
We are sorry, but we cannot accept refunds on custom items/special orders that we do not normally stock.
If you’d like to make a return, please contact us by e-mail (email@example.com) prior to shipping the item with the following information:
-Reason for exchange or return
-Item you would like to exchange for
By use of this web site, you hereby agree to indemnify, defend and hold harmless BrentGraef.com and/or its affiliates from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees and court costs, arising from or related to your use of the Site or any breach by you of these Terms and Conditions. By placing an order, you hereby agree to defend, indemnify and hold harmless the Protect against liabilities arising out of: (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Provider; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Provider’s server.
Terms and Conditions May Change
In the event that any provision of the Terms and Conditions conflict with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain in full force and effect.
Orders and Acceptance
We strive to accurately display the colors of our products. However, as the actual colors you may see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
ORDERS AND ACCEPTANCE
Please note that sometimes there may be certain orders we are unable to accept. We hereby reserve the right, in our sole discretion, to refuse or cancel any order for any reason whatsoever. Certain instances may result in your order being canceled because of limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. From time to time, we may require additional information and identification before accepting an order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
PRICING AND CONTENT INFORMATION
We strive to provide our customers with accurate pricing information, nevertheless, sometimes pricing or typographical errors may occur. In the event that an item is listed at an incorrect price due to an error in pricing, we reserve the right, at our sole discretion, to refuse or cancel any orders placed for that item.
Prices are subject to change without notice.
NUMBER OF ITEMS
BrentGraef.com reserves the right, in its sole discretion, to determine and limit the number of items purchased per order, per household, or per person. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. All offers are void where prohibited.
Liability and PR Release for Clinic Participants and Spectators
LIABILITY AND PR RELEASE FOR ALL CLINIC PARTICIPANTS AND SPECTATORS:
Your use of this website constitutes your unconditional consent and agreement to this Liability and PR Release. Confirming your purchase at the end of the checkout process acts as your legal signature.
HORSES (Farm Animals) CAN BE VERY DANGEROUS. I AM TAKING A RISK AND I ASSUME RESPONSIBILITY FOR MY ACTIONS. LIABILITY RELEASE: An equine/farm animal (herein referred to as “equine”) professional is not liable for an injury to or the death of a participant in equine activities resulting from theinherent risks of equine activities. Many states limit the liability of equine professions for horse related injuries.
It is the Participant’s and Parent’s or Legal Guardian’s intent to extinguish all liability Brent Graef and Kris Graef individually and doing business as Brent Graef Horsemanship, Rafter G Horsemanship, host facility and sponsors, their agents, employees, officers, partners, all licensees, successors, legal representatives, publishing companies, assigns, and others acting on their behalf, hereinafter collectively referred to as “Associates,” may have as a result of participation in this lesson/clinic/event.
I acknowledge that activities’ involving horses are dangerous, and carry inherent risks of injury or even loss of life, as well as damage to my horse, my property, and myself. I knowingly assume all risks, whether known or unknown… of watching, grooming, handling, or riding either my horse or horses provided for my use. I also knowingly assume all risks, whether known or unknown, or participating in this lesson or clinic as an auditor or spectator. Participant further agrees not to enter into any such activity unless an officer of Brent Graef is present and has given expressed and specific consent for such activity. I acknowledge that if I choose to leave the group and ride on my own I have forfeited participation in the class for that day and am liable for my own actions and have extinguished all liability of the Associates. I agree to release, hold harmless and indemnify the Associates from all claims including negligence, which arise out of participation in or travel to and from the event. This release is binding as to any other persons, including family members, heirs and executors.
I acknowledge there will be no on-site medical care available. Recognizing the hazards and risks involved, I state that I am a willing participant. I release the Associates of all legal liability, claims, demands, and causes of action that I, the undersigned, may have for any and all injuries to my person or property. In consideration of my participation in this lesson or clinic, I waive, release and discharge the Associates from any and all claim or liability for injury to myself, my animals or my property arising out of my participation in this lesson, clinic, or course. This agreement is binding on my executors, heirs, and assigns. I agree to be personally responsible for my own medical expenses and agree this release shall continue in perpetuity and remain in full force without the necessity of an additional release regardless of rider’s ability or progression. I acknowledge that I have sufficient health/medical insurance that is valid in the United States to cover any injuries that may occur. I agree that I will defend, indemnify, forever discharge, and hold harmless, the Associates from any and all claims, demands, and causes of action, including court costs and actual attorney fees arising from any proceeding or lawsuit brought by me, or prosecuted for my benefit or on my behalf, or for the benefit of my executors, heirs, and assigns in which this release is upheld. In the event of any litigation arising out of this agreement or to enforce the terms of this agreement, the prevailing party shall be entitled to recover its attorney’s fees and cost of suit. I agree that I will defend, indemnify, forever discharge, and hold harmless, the Associates from any and all claims, demands, and causes of action, including costs which may result or arise, in any manner, from the use of the property and the activities engaged in on the property, including but not limited to Equine Activities.
Visitors obligation to indemnify the Associates includes, but is not limited to, paying for counsel of the Associates choosing to defend against any claim arising out of participants or said minor’s use of the property. In the event it is necessary to refer this Agreement to an attorney, the prevailing party in such action shall be entitled to its costs and reasonable attorney fees. The venue of any action involving this Agreement shall be in Randall County, Texas.
PR/MODEL RELEASE: I hereby expressly grant to the Associates the absolute and irrevocable right and permission to use my name and to use, reproduce, edit, exhibit, project, display, copyright, publish and/or resell photographic pictures and/or moving pictures and/or videotaped images of me with or without my voice, or in which I may be included in whole or in part, and any of my possessions, including real and personal property, which photographic and/or moving pictures, videotapes images and/or possessions are photographed, taped, videotaped, and/or recorded and circulate the same in all forms and media (including but not limited to: videotapes/DVD’s, audio tapes, compact discs, computer files, film, slides and photographs, in any medium now existing or created in the future.) for art, advertising, trade, competition of every description and/or any other lawful purpose whatsoever. I also consent to the use of any printed matter in conjunction therewith. I acknowledge that I have no interest, ownership or copyright rights in any pictures, images or recording or in any forms or media thereof produced by the Associates. I hereby waive any right that I may have to inspect and/or approve the finished product or products or the editorial, advertising or printed copy or soundtrack that may be used in connection therewith and any right that I may have to control the use to which said product, products, copy and/or soundtrack may be applied.
I hereby release, discharge and agree to save harmless the Associates from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form whether intentional or otherwise, that may occur or be produced in the making, processing, duplication, projecting or displaying of said pictures, images, or recordings and from liability for violation of any personal or proprietary right that I may have in connection with said pictures, images, or recordings and with the use thereof.
HELMET RELEASE: I am aware that protective head gear which meets or exceeds the quality standards of the SEI certified and ASTM standard F 1163 equestrian helmet, should be purchased and worn by me and/or my child while riding and being near horses, and the wearing of such helmet may reduce the severity of some head injuries and may prevent serious injury or death as a result of a fall or other occurrence. If my minor child or I do not wear a helmet, it is because we so choose.
SUCCESSORS: This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns.
APPLICABLE LAW: This Agreement shall be governed by and construed under the laws of the State of Texas. The state courts of the State of Texas in Randall County and, if the jurisdictional prerequisites exist at the time, the United States District Court for the Northern District of Texas, shall have sole and exclusive jurisdiction to hear and determine any dispute or controversy arising under or concerning this Agreement.
ACKNOWLEDGEMENT AND ACCEPTANCE: I acknowledge that I am at least 18 years old, (or my guardian is signing this Release on my behalf) and have the right and ability to consent to the terms herein, and further, that I have am authorized and able to sign on behalf of all persons listed above as Model(s).
I have read, understood, and agree to the terms of this Release. I understand that I am or may be giving up certain legal rights by signing this Release.
I acknowledge that I have read, understand, and agree to be bound by the terms and conditions set forth in this contract. I am signing (via the action of an on-line purchase transaction) of my own free will. In the event that any provision of the Terms and Conditions conflict with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain in full force and effect.
PARENT/GUARDIAN SIGNING FOR MINOR: I am the parent or legal guardian of the above-named minor, referred to herein as “I” or the “Participant”. By signing this release as the Parent or Guardian, I am consenting to the Participant’s participation in this event and use of the facility and acknowledge that I understand that any and all risks, whether known or unknown, is expressly assumed by me and all claims, whether known or unknown, are expressly waived in advance. I understand that I am waiving the Participant’s rights to bring any claim for any injury resulting from the Participant’s participation in this event and use of the facility now or at any time in the future. By my signature below I affirm that I have read and agree to be bound by the terms and conditions set forth in this contract.
VIDEO / AUDIO RECORDING IS PROHIBITED WITHOUT PRIOR WRITTEN PERMISSION
I acknowledge that I have read, understand, and agree to be bound by the terms & conditions set forth in this contract. I am signing of my own free will.
Participant’sSignature_______________________________________ Date_________________ (or Parent/Guardian Signature)
UNLESS SPECIFICALLY REVOKED, THIS RELEASE SHALL REMAIN IN FULL FORCE
Collection of Your Information
We will ask you when we need information that personally identifies you or allows us to contact you. The personal information we collect may include name, e-mail address, phone number, postal address, city and state of residence, and zip code.
We may collect information about your visit to the Site. For example, we may use Web site analytics tools to retrieve information from your browser, including the site you came from, the search engine(s) and the keywords you used to find our Site, the pages you view within the Site, your browser add-ons, and your browser’s width and height. Additionally, we collect certain standard information that your browser sends to every Web site you visit, such as your IP address, browser type and language, access times and referring Web site addresses.
Use of Your Information
The information collected on this Site will be used to operate the Site and to provide the service(s) or carry out the transaction(s) you have requested or authorized.
In support of these uses, BG may use your information to provide you with more effective customer service, improve the Site and any related BG products or services, perform statistical analysis.
We may use your information to provide you with important information about the product or service that you are using, including critical updates and notifications. Additionally, we may send you information about other BG products and services, and/or share your personal information with BG partners so they may send you information about their products and services.
BG occasionally hires other companies to provide limited services on our behalf, such as Web site hosting, packaging, and mailing, video streaming service, answering customer questions about products and services, and sending information about our products, special offers, and other new services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using that information for any other purpose.
We may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of BG or our customers, including the enforcement of our agreements or policies governing your use of the services; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of BG employees, customers or the public.
Information that is collected on the Site may be stored and processed in the United States or any other country in which BG or its affiliates, subsidiaries, or service providers maintain facilities. BG abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.
Control of Your Personal Information
Except as otherwise described in this statement, personal information you provide on the Site will not be shared outside of BG and its controlled subsidiaries and affiliates without your permission.
You can stop the delivery of future promotional e-mail from BG sites and services by following the specific instructions in the e-mail you receive. You may also proactively make choices about the communications you receive.
Please be aware that this privacy statement and any choices you make on the Site will not necessarily apply to personal information you may have provided to BG in the context of other, separately operated, BG products or services.
Access to Your Personal Information
Customer information is collected by PayPal and/or Vimeo, a BG vendor. They store the information, and also sent it back to BG. You can review and edit the personal information you provided at this Site by contacting us using the contact method provided in the Contact Information section below, and we will contact you within 30 days regarding your request.
Security of Your Information
At BG, we take the security of your personal information very seriously. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer servers with limited access that are located in controlled facilities. Additionally, if we transmit sensitive personal information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you are using Internet Explorer, search for “Cookies” in the Help menu to find detailed instructions. If you choose to decline cookies, you may not be able to use interactive features of this or other Web sites that depend on cookies.
Changes to this Privacy Statement
We may occasionally update this privacy statement. When we do, we will also revise the “last updated” date at the top of the privacy statement. For material changes to this privacy statement, we will notify you either by placing a prominent notice on the home page of our Web site or by directly sending you a notification. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect.
BG welcomes your comments regarding this privacy statement. If you have questions about this statement or believe that we have not adhered to it, please contact us by e-mail at firstname.lastname@example.org or by postal mail at: 13121 W Rockwell Rd, Canyon, TX 79015