LMENTZ of EQUINE A.B.N. 62 873 010 797
TERMS OF SERVICE – PEMF DEVICE
Every Session is subject to these terms.
Meaning of Words
“PEMF Device” – pulsed equine electromagnetic field device.
“Session” – the use of the PEMF Device by us on a horse for a duration determined by us.
“You” – the person booking a Session.
“Us”, “we” and “our” – LMentz of Equine A.B.N. 62 873 010 797
Purpose of the PEMF Device
The PEMF device is non-medical so incapable of diagnosing, treating, healing or curing an equine medical or health issue. The purpose of the device to assist a horse to gain or regain fitness after illness or injury.
The following are specific contra-indications for use of the PEMF Device on a horse: pregnancy, active bleeding and colic. If the horse presents with any of these conditions, the PEMP Device is not deployable without the specific approval of a veterinarian.
If a horse is on prescribed medication, in poor body condition or has undergone an invasive procedure (like joint injections or surgery of any sort), You warrant to us that a veterinarian has given his or her pre-approval for use of the PEMF Device on the horse. You must provide us the name and telephone number of the veterinarian if requested.
Acknowledgments and Responsibilities
You acknowledge and agree that You are satisfied that the purpose of the PEMF Device is suitable for use on your horse and no contra-indications are present affecting that horse for use of the device.
Despite us exercising all reasonable care and your adherence to the obligations set out in these terms, your horse may experience an adverse reaction during or after a Session. It is your responsibility to ensure that a veterinarian is contactable and able to respond in the event of a reaction requiring medical attention.
We may suspend or terminate a Session at any time if we believe it is in the best interests of the horse. If we do so, we are not liable to refund or compensate you for the cost of the Session.
Personal Harm
You acknowledge that horse interaction, including use of the PEMF Device in a Session involves a risk of physical harm to You. You must observe and perform all of our oral and written requests, directions and guidelines and keep a safe distance from a horse.
Limitation of Liability
To the fullest extent at law, we are not liable to You for any loss, damage or liability (whether direct or indirect, special or consequential) however and whenever sustained or incurred relating to the use of the PEMF Device on your horse, including by reason of our negligence.
If we breach or may have breached any guarantee imposed by law which cannot be lawfully excluded then we may, at our option and in our sole discretion, offer You a refund of the money paid for the Session, repeat the Session or make a payment to you of $100.
In every case, our liability to You for loss or damage of any kind (including loss and damage caused by negligence) is reduced to the extent that you caused or contributed (or may have in our opinion) to that loss or damage.
Disputes
Any problem or dispute arising out of or in connection with the PEMF Device or a Session must be discussed between You and us and, failing agreement or settlement, must be the subject of a mediation held and conducted in accordance with the rules promulgated by the Law Institute of Victoria for mediations.
The law of Victoria applies to interpretation and application of these terms and any problem or dispute relating to the PEMF Device or a Session. You irrevocably agree to submit to the jurisdiction of the courts and tribunals of Victoria.
General
If You do not own the horse the subject of a Session, You warrant that the owner has authorised You to book the Session and to present the horse.
These terms embody the entire understanding and agreement between You and us concerning the PEMF Device and the Session; contains all of the express terms of agreement; and supercedes any prior verbal or documented understanding or agreement. Unless a prior representation, promise or warranty is expressly stated in these terms, it is of no force or effect, was not relied on by You and does not constitute any collateral agreement, warranty or understanding between You and us.
March 2020