Terms and Conditions of Membership
1. THESE TERMS
1.1 What these terms cover. These terms and conditions govern the supply of services to you by the Animal Connection and Beyond Association, trading as Animal Connection and Beyond or AC&B.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are “Animal Connection and Beyond Association”, with RNA number W232006199, trading as Animal Connection and Beyond or AC&B, registered at La Belle Etoile, 23230, Gouzon, France. The Articles of Association define the purpose and administration of the Association and are available in French and English on our website or by request.
2.2 Association Governance. The Animal Connection and Beyond Association is governed by:
2.2.1 A President – Karen Bailey, and
2.2.2 Two Administrators – Michaela Marcham & Yvonne Peters-Bausch.
2.3 How to contact us.
2.3.1 Telephone +33 (0)6 36 16 40 43;
2.3.2 E-mail at animalconnectionandbeyond@gmail.com
2.3.3 Write to us at our registered address at La Belle Etoile, 23230, Gouzon, or
2.3.4 Fill out the contact form on our website at www.animalconnectionandbeyond.fr
2.4 Who you are.
2.4.1 You are a Research Volunteer. If you are a volunteer please also refer to the ‘Appendix 2 – Volunteers Terms and Conditions’.
2.4.2 You are a Member of the Association
2.4.3 You are a Consultation Client.
2.5 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you have provided to us.
2.6 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR SERVICES
3.1 Definition of services. These terms refer to the consultations we provide either in person or via video link, and members group discussions, coaching and digital content.
3.2 Definition of digital content. In these terms any reference to “digital content” includes, but is not limited to:
3.2.1 Consultation teaching videos taken during consultations and shared with the client;
3.2.2 Recordings of meetings, classes, or discussions;
3.2.3 Web or other social media (e.g YouTube / Facebook) pages, posts, exercises, and videos shared with members groups or clients;
3.2.4 Online content developed by Animal Connection and Beyond;
3.3 The services included in each level of membership to the association are detailed in Appendix 1 of these Terms and Conditions, and also on the website.
3.4 Research Volunteers should refer to Appendix 2 of these terms and conditions.
4. OUR CONTRACT WITH YOU
4.1 Consultations: In person or video link consultations will be confirmed in writing and sent to you by email. A contract will come into existence between you and us only once we have sent this written confirmation and, if applicable, we have received payment from you.
4.2 Membership. A contract will come into existence when membership fees are paid.
4.3 Terms and Conditions. These terms and conditions are part of our contract with you and you accept these terms and conditions when you accept our written confirmation of a consultation, and/or pay a membership fee, and/or are accepted as a research volunteer.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the services you have ordered please contact us and we will let you know if the change is possible.
6. PROVIDING THE SERVICES
6.1 Costs of services. An outline of standard costs for the services provided by Animal Connection and Beyond are displayed on our website.
6.2 When we will provide the services.
6.2.1 One to one consultations. We will agree on a set date for consultations and they will be delivered on that date.
6.2.2 Membership. We will supply the services or digital content to you until the services are completed, the subscription expires, or either party ends the contract.
6.3 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
6.4 Your obligations when we are on your premises. When we are providing a consultation for you on your premises, or the premises where your animal resides, you are responsible for:
6.4.1 providing adequate parking for us;
6.4.2 ensuring we can gain clear and safe access to your property to provide the consultation; and
6.4.3 ensuring that your premises and the surrounding area are safe and suitable for us to carry out the consultation.
6.5 Reasons we may suspend performance of our services on your premises. We reserve the right to suspend, cancel or charge you additional fees for the provision of services on your premises in the following circumstances:
6.5.1 we have arrived at your premises at the agreed time and date but are unable to access the premises for any reason other than fault of our own;
6.5.2 legal parking is not provided or available at, or in close distance to, your premises;
6.5.3 we are unable to obtain clear and safe access to the premises; or
6.5.4 we have determined that our health and safety cannot be guaranteed.
6.6 Additional reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:
6.6.1 deal with technical problems or make minor technical changes or updates;
6.6.2 update the services to reflect changes in relevant laws and regulatory requirements; or
6.6.3 make changes to the services as requested by you or notified by us to you (see clause 5).
7. YOUR OBLIGATIONS
7.1 Your obligations if we are providing services to you.
7.1.1 Inappropriate behaviour. We operate a zero tolerance policy in relation to inappropriate behaviour and, in particular, abusive or violent behaviour directed at us, or any other person or animal on the premises, or us or any other person during video meetings.
7.1.2 Health & Safety. You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises or that have been notified to you by us.
7.1.3 Animals in your care. If we are providing services to you with an animal that is in your care, you acknowledge the behaviour and actions of that animal are entirely your responsibility, regardless of whether you are the legal owner of the animal or not. You agree to make all reasonable endeavours to ensure that the animal in your care will not pose a danger or threat to any other person or animal during the provision of the services.
7.1.4 What happens if you do not comply with your obligations? If you do not comply with the terms of this clause 7.1 we reserve the right, subject to our reasonable discretion, and without liability or an obligation to refund any sums you have paid, to suspend or cancel the provision of the services to you.
7.2 Your obligations if we are providing digital content to you.
7.2.1 Use of the digital content. You agree not to use the website, members’ area, your consultation videos, or any other digital content which we have provided you access to, in any way that could harm the reputation or goodwill of our business, or is unlawful, illegal, fraudulent, or harmful.
7.2.2 You also agree that you will not use the website, members’ area, your consultation videos, or any other digital content we have provided you access to for:
7.2.2.1 marketing yourself, a company you run or any other company, unless we have given you our prior written consent for you to market yourself or a company in this way;
7.2.2.2 data collection purposes;
7.2.2.3 unsolicited commercial communication; or
7.2.2.4 any other activity unconnected to the provision of the services.
7.2.3 Login Details. You agree to keep any user ID and passwords confidential.
7.2.4 You agree not to record or video any call or consultation you attend without our written permission.
7.3 Your additional obligations.
7.3.1 Use of information we have provided you with. You agree not to use the materials and information we have provided you with for any purpose other than activities connected to the services (unless you have our prior written consent). Such an obligation means you must not:
7.3.1.1 republish information or materials from the members only area of the website;
7.3.1.2 show any such information or materials to the public; or
7.3.1.3 redistribute the information or materials in any way.
7.4 Other Restrictions: you agree to comply with any other restrictions on (amongst other things) the use of our name, trading name, or logo.
8. RESTRICTIONS
8.1 This clause relates to the techniques taught during consultations, whether in person or over video call.
8.1.1 The client may only use the techniques directly on animals which are owned by, or are the direct responsibility of the client;
8.1.2 The client shall not deliver workshops, courses or training on or relating to the techniques taught, and shall not use the “Animal Connection and Beyond” name in any way, for payment, payment in kind or otherwise.
8.1.3 The client shall not deliver workshops, courses or training on or relating to the techniques taught, and shall not use the “Trust Technique” name in any way, for payment, payment in kind or otherwise, except where they are qualified as a Trust Technique Practitioner and have the appropriate permissions as set out in the Trust Technique Association terms and conditions.
9. OUR RIGHTS
9.1 Access to our digital content. We reserve the right to restrict access to our digital content including any parts of our website as we see fit.
9.2 We own any information or material which you upload to our website or social media sites.
9.3 We own all intellectual property rights related to videos and or photographs taken during consultations. If you do not agree with this clause you are to inform us prior to the commencement of the consultation, at which point videos and photographs will not be recorded/taken.
9.4 Login Details. We reserve the right to change or disable your username and/or password at any time that we see fit.
10. YOUR RIGHTS TO END THE CONTRACT
10.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 10.1.1 to 10.1.3 below, the contract will end immediately and we will refund you in full for any services that you have paid for, which have not been provided. The reasons are:
10.1.1 we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
10.1.2 there is a risk of substantial delay to the supply of the services because of events outside our control;
10.1.3 you have a legal right to end the contract because of something we have done wrong.
10.2 Exercising your right to change your mind.
10.2.1 You have 14 days after the day we confirm to you that we accepted your order to change your mind and receive a refund if monies were paid. If you cancel our provision of the services after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
10.2.2 When you don’t have the right to change your mind. Your right to cancel the contract and obtain any refund will be lost if:
10.2.2.1 you have given us express consent to supply any services during the cancellation period and the services have been fully performed;
10.2.2.2 you do not attend a pre-arranged consultation or other service that we were providing at the agreed date and time;
11. HOW TO END THE CONTRACT WITH US
11.1 Tell us you want to end the contract. If you are entitled to end the contract and would like to do so, please let us know by doing one of the following:
11.1.1 Email. Email us at animalconnectionandbeyond@gmail..com 11.1.2 By post. Write to us at our registered business address.
11.2 How we will refund you. We will refund you the price you paid for the services. However, we may make deductions from the price, as described below.
11.2.1 Membership fees. Refunds will be provided from the end of the month when the cancellation was requested only where an annual membership fee has been received.
11.2.2 Consultations. Where an in person consultation contract has incurred out of pocket expenses these will be deducted from any refund.
11.3 When your refund will be made. Your refund will be made within 14 days of contract end.
12. OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract if you breach it. We may end the contract for a service at any time by writing to you if:
12.1.1 you do not make any payment to us when it is due;
12.1.2 you do not comply with your obligations as specified in clause 7;
12.1.3 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
12.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services.
13. IF THERE IS A PROBLEM WITH THE SERVICES OR YOU HAVE A COMPLAINT
13.1 If you have any questions or complaints about our services you can telephone us, or write to us at our registered office address or email us.
13.2 Alternatively you can write to one of the administrators of the Association as follows:
Michaela Marcham
email : michaela.marcham@hotmail.co.uk
Yvonne Peters-Bausch
email : yjlbausch@gmail.com
13.3 If your complaint is specific to a Trust Technique Consultation you can also write to the Trust Technique Association. Contact details can be found on their website at http://www.trust-technique.com
14. PRICE AND PAYMENT
14.1 Where to find the price for the service.
14.1.1 Membership fees are detailed on our website.
14.1.2 Out of pocket and travel expenses are charged for consultations and are to be paid prior to the consultation.
14.1.3 In addition to 14.1.2 above, we recommend a donation be given to the association for consultations. A recommended amount is defined on our website.
14.2 How you pay. We accept payment through paypal.
14.3 Variations to price and discounts. The prices of our services may vary and we reserve the right to apply discounts to any product, at any time, at our entire discretion.
14.4 Receipts. Receipts for payments will be made available on request.
15. WARRANTIES
15.1 We make no representation, guarantee or commitment to you that our digital content, or information provided during the provision of services, will be error free.
15.2 All representations, warranties and/or terms and/or commitments not expressly set out in the terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
15.3 We are not responsible for the actions of any of our previous customers and we accept no liability whatsoever for their practices, actions, statements or other.
15.4 We are not qualified to teach veterinary practices and the services we provide should not be used, interpreted or considered as a substitution for veterinary services.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. A copy of our liability insurance will be provided on request.
16.2 We are not liable for losses in respect of personal possessions or animals in your care. Your personal possessions and the animal(s) in your care are your sole responsibility during the provision of any services. We accept no responsibility and/or liability for any loss, damage or harm to any of your personal possessions or animal(s).
16.3 You are liable for the actions of any animal in your care. We accept no responsibility or liability for the actions of any animal in your care, regardless of whether you are the legal owner of such animal or not. It is your sole responsibility to ensure that the animal is safe to be around and you are entirely responsible and liable for the actions of that animal.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 How we will use your personal information. We will use the personal information you provide to us:
17.1.1 to supply the products to you and perform our obligations under these terms; and
17.1.2 to process your payments.
17.2 We will only give your personal information to third parties:
17.2.1 if the law requires us to;
17.2.2 if you allow us to do so;
18 OTHER IMPORTANT TERMS
18.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.2 These terms and conditions constitute the entire agreement between you and us. These terms and conditions supersede and replace any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty arrangement or statement of any nature whatsoever made by us to you.
18.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by French law and you can bring legal proceedings in respect of the services in the French courts.
Appendix 1 – Membership Service Overview
Explorer | Learner | Participant | |
Contribution | 36€ per annum / 3€ per month | 60€ per annum / 5€ per month | 120€ per annum / 10€ per month |
Monthly group chat via video conference themed on one of the four understandings of Animal Connection and Beyond.Q&A session on any of the four understandings and how these relate to your animal or you. Brief update on the research program. | Yes | Yes | Yes |
Quarterly Newsletter | Yes | Yes | Yes |
Access to recordings of the monthly video chat and Q&A sessions | Yes | Yes | |
Access to a variety of exercises that relate to the four understandings that can be done for yourself, and/or with your animal. | Yes | Yes | |
Membership of Learners Community Group | Yes | Yes | |
Access to all consultation videos for learning purposes | Yes | ||
Membership of Participants Community Group | Yes | ||
Monthly recorded group coaching classes & Q&A sessions. | Yes | ||
Quarterly individual action plan review (This can only be carried out after a consultation which is charge separately) | Yes |
Note: Research Volunteers will have access to Participant Level Membership for the duration of their volunteer contract with the exception that their action plan reviews will be on a monthly basis for research purposes.
Appendix 2 – Volunteers Additional Terms and Conditions
1. THIS APPENDIX
1.1 This appendix is specifically for Volunteers who will be contracted to help us with the research defined in the purpose of the association stated in the Articles of Association, and included in clause 2 of this appendix.
1.2 This appendix is in addition to the Articles of Association and the General Terms and Conditions of Animal Connection and Beyond, and in no way supercedes those documents.
1.2.1 In the event of any anomalies between the General Terms and Conditions and this Appendix, the general Terms and Conditions will take precedence.
2. THE PURPOSE OF THE ANIMAL CONNECTION AND BEYOND ASSOCIATION
2.1 This association aims to research and understand:
2.1.1 the effects of feelings shared between domestic animals and their guardians, on the chronic physical and behavioural conditions of their animals; and
2.1.2 whether there is an improvement in conditions when shared feelings are modified by the introduction of mindfulness techniques.
3. DEFINITIONS
3.1 “Domestic Animals” includes all animals that rely on a person for their safety, security, and wellbeing. These can include, but are not limited to: horses, donkeys, dogs, cats, parrots, rabbits, llama’s, etc.
Exclusions :
- Animals bred for food.
- Wild animals, including wild cats that may be resident in outbuildings, but do not rely on you for their health and wellbeing.
3.2 “Chronic Physical Conditions” are conditions that affect the day to day general health and wellbeing of an animal and are generally understood to be manageable, but unlikely to be cured. They are an ongoing injury or illness that can last a lifetime. These conditions can include, but are not limited to:
- Laminitis / EMS/ Cushings/ Diabetes / Mellitus;
- Arthritis / Osteoarthritis / Joint and Bone conditions;
- PMMS / Muscle Conditions
- Uveitis / Glaucoma / Blindness;
- Asthma / COPD / Breathing conditions;
- Allergies;
3.3 “Chronic Behavioural Conditions” are behaviours that have become habitual, and are likely to be a trauma response. These conditions can include, but are not limited to:
- Crib Biting
- Windsucking
- Weaving
- Head Shaking
- Pawing
- Resource guarding
- Freezing
- Self-harming
4. HOW THE RESEARCH WILL BE CARRIED OUT
4.1 The association will ask for volunteers to take part in a program which will include, but not be limited to, the following:
4.1.1 A video call to discuss the program, the obligations of the volunteer, and the obligations of Animal Connection and Beyond.
4.1.2 An introductory Trust Technique Consultation, preferably in person, teaching the Technique of Creative Reaction
4.1.3 A plan of action, to be carried out by the volunteer, based on the findings of the introductory consultation and discussion. This may include the use of a journaling application or similar to make daily records.
4.1.4 The plan will be assessed on a monthly video call and updated as needed.
4.1.5 Intermediary coaching sessions, either in person, or by video call to provide support and record changes from the original consultation.
4.1.6 A final consultation, preferably in person.
5. HOW TO BECOME A VOLUNTEER
5.1 You can apply by:
5.1.1 Completing the registration of interest form on our website and submitting this to us.
5.1.2 Requesting a form through social media or by writing or telephoning us at the contact details in our General Terms and Conditions.
6. NUMBER OF VOLUNTEERS.
6.1 A maximum of 10 volunteers will be carrying out an action plan at any one time.
6.2 Acceptance into the program is wholly at the discretion of the Association Administration.
7. DURATION
7.1 The duration of the contract will depend on the action plan put in place at the commencement of the contract. This can be changed if necessary to ensure we always work at the animals pace.
7.2 The contract will not exceed twelve months, unless there are circumstances that change the action plan as clause 7.1.
8. OUR CONTRACT WITH YOU
8.1 A contract can only be formed once the registration form has been filed, and clauses 4.1.1, 4.1.2 and 4.1.3 have been completed.
8.2 The contract confirmation will include:
8.2.1 A completed registration form;
8.2.2 A completed pre-consultation assessment including an understanding of the animal’s life story, medical and behavioural history, to the best of the owner’s knowledge;
8.2.3 Confirmation of the date and time the first consultation was carried out;
8.2.4 A plan of action agreed and signed by the volunteer and us.
8.2.5 A copy of the General Terms and Conditions and Appendices signed by us, Animal Connection and Beyond, and you, the volunteer.
9. YOUR OBLIGATIONS
9.1 You agree to a pre-consultation assessment on video call which will be free of charge.
9.2 You agree to take a minimum of two in-person Trust Technique Consultations, one at the commencement of the contract, and one at the end of the contract, in accordance with the following:
9.2.1 The consultation time of the practitioner will be free of charge;
9.2.2 Travel and out of pocket expenses will be charged and re-imbursed when the contract is finalised in accordance with Clause 11 of this Appendix;
9.3 You agree to carry out the plan of action put in place at the outset of the contract, and any agreed changes made to the plan during the contract period.
9.4 You agree to participate in the Association as a Participant Level Member. Membership will be free for the duration of the Volunteer Contract.
9.5 You agree to allow us to video all consultations with you and your animal, and record all discussions.
9.6 You agree to allow us to publish our findings as detailed case studies in written, photographic and video formats.
10. OUR OBLIGATIONS
10.1 Once the contract is agreed and signed, we will:
10.1.1 Provide access to all relevant digital material and applications to support you in carrying out your action plan;
10.1.2 Provide intermediary video and/or in person consultations;
10.1.3 Carry out a monthly action plan review and coaching session with you by video call;
10.1.4 Carry out a final in person consultation;
10.1.5 Provide a summary report of findings.
11. HOW WILL THE CONTRACT END
11.1 A final in-person consultation is carried out, and a summary report of findings shared with the volunteer, along with a letter confirming the end of the contract between the volunteer and Animal Connection and Beyond, and re imbursement of travel and out of pocket costs paid for in-person consultations.
11.2 The contract can be terminated early by either party for the following reasons:
11.2.1 The volunteer does not carry out his obligations;
11.2.2 Animal Connection and Beyond does not carry out their obligations;
11.2.3 Death of the association president, the volunteer, or the animal;
11.2.4 Dissolution of the Association;
11.2.5 Any other reason that makes carrying out the contracted action plan impossible, such as ill health or other personal reasons;
12. RE- IMBURSEMENT OF MONIES PAID BY THE VOLUNTEER FOR TRAVEL AND OUT OF POCKET EXPENSES CHARGED
12.1 These costs will be re-imbursed when:
12.1.1 the contract ends in accordance with clause 11.1;
12.1.2 the contract is terminated in accordance with clauses 11.2.2 to 11.2.5.
12.2 These costs will not be re-imbursed if the volunteer does not carry out his obligations under the contract – clause 11.2.1.
12.3 Re-imbursements will be paid within 14 days of the contract ending.