[Name of individual], an individual resident in [City], [Province/State], [Country] and accessible at [email address] (“I”, “me”, “my” or “Participant”)
Joanna Eisen (“you” or “the Coach”), an individual resident in Barrie, Ontario, Canada, entered as of [date].
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU SIGNIFY YOUR CONSENT TO THESE TERMS AND AGREE TO ABIDE BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties understand and agree to be bound by all the terms and conditions of this agreement (the “Agreement”).
- GROUP COACHING SERVICES
The Coach’s services may include different components, such as classes, workshops, events, live phone calls, live chat or discussion forums, email support and other services as may be offered by the Coach from time to time (collectively, the “Services”).
Materials may include different components, such as videos, audio tracks, PDF’s, coursework, plans, modules, photographs, live trainings, graphic images, chat calls, and other materials as may be offered by the Coach from time to time (the “Materials”).
- PERSONAL FITNESS AND CONDITION
I acknowledge and agree that the Coach is not a health care provider and that the Coach does not offer any legal, medical, psychological, financial, or other professional advice. I shall seek professional advice as needed and without delay, regardless of the services offered by the Coach.
I acknowledge that it is my sole responsibility to consult with a physician prior to use of the Services and the Materials offered by the Coach; that use of the Services and Materials requires physical exertion, which may be strenuous; and that by using the Services and Materials I am exposing myself to certain risks. I represent and warrant that I have no medical condition that would affect my ability to fully use the Services and Materials. Should my medical condition change, I will seek professional advice regarding my continued use of the Services and Materials.
- NO WARRANTY
The Coach cannot and does not guarantee or promise any level of results or any specific physical or mental changes arising from my or use of the Services and Materials. I understand and agree that my level of success in attaining results is dependent upon a number of factors, including my skill, knowledge, ability, dedication, nutrition savvy, network, finances, and time, among other factors.
I assume all responsibility and risk for my use of Services and Materials, which are provided “as is” without representations or warranties of any kind, either express or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. The Coach does not warrant that the Services or Materials will be consistently available, accurate, free of bugs, viruses or other harmful components, or provided without delay, interruption, error or omissions. I acknowledge and understand and agree that you make no representations or warranties regarding the accuracy, completeness, performance, availability, security, merchantability or fitness for a particular purpose of the services provided, that the services will meet your requirements, or as to the results that will be derived from using any of the information included.
I authorize the Coach, or her employees, contractors or agents, to charge my credit card, debit card or other account provided in accordance with the payment plan I select. Month to month members may cancel their membership at any time in their membership portal without fee or penalty; provided that no refunds will be provided for the current subscription month. Six (6) month memberships must be fully paid upfront and are not subject to refunds or exchanges. I agree to provide complete, current, and accurate payment information and to update you promptly should my payment information change. If payment is not received on time I agree to pay all amounts due upon demand, together with any applicable collection costs, including legal fees and costs, on any outstanding balance. In addition to any other remedies, the Coach reserves the right to revoke or cease my access to the Services or Materials upon my failure to pay required fees on time.
- ASSUMPTION OF RISK AND LIMITATION OF LIABILITY
By executing this Agreement OR using the Services or Materials, I AGREE THAT MY USE OF THE SERVICES AND MATERIALS IS SOLELY AT MY OWN RISK, AND I FREELY AND FULLY ACCEPT AND ASSUME ALL RISK OF DAMAGES, LOSSES, LIABILITY AND EXPENSE ASSOCIATED THEREWITH. I hereby forever, fully and finally release and discharge the Coach and her employees, contractors and agents from any and all liability that may arise out of my use of the Services or Materials, whether or not caused by the negligence of the Coach or her employees, servants or agents. The Coach and her employees, contractors and agents are not responsible for any personal injury or damage (including death), property damage, expense, liability, loss of income or loss of any other kind whatsoever, suffered by me, or by anyone who accesses or participates through my account, directly or indirectly, WHICH MAY BE caused in any manner whatsoever, including but not limited to the negligence of the Coach or her employees, contractors or agents.
IN NO EVENT SHALL THE COACH, OR HER EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR (I) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER AND HOWSOEVER ARISING; (II) LOSSES ARISING FROM DATA SECURITY BREACHES OR HARMFUL CODE, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR LOSS OF OPPORTUNITIES, PROFITS, REVENUES, BUSINESS OR REPUTATION; OR (III) DIRECT DAMAGES IN EXCESS OF THE LESSER OF $500 OR THE LAST THREE (3) MONTHS’ FEES PAID HEREUNDER BY ME, IN THE AGGREGATE. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND EVEN IF THE COACH HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE FULLEST EXTENT OF THE LAW.
I agree to indemnify, defend and hold the Coach and her employees, contractors, and agents (the “Indemnified Parties”) harmless from and against any and all loss, liability, claim, demand or damage (including legal fees) made by any third party, including third parties who access the Services and Materials through my account, against an Indemnified Party due to or arising out of (i) my breach of any provision of this Agreement, (ii) use of the Materials or the Services through my account, (iii) the Content; (iv) my breach or violation of applicable law or third party rights; and (iv) my conduct in connection with the Services and Materials, including my conduct with other participants using the Services and Materials.
- PARTICIPANT CONTENT
I acknowledge and agree that if I submit, provide or make available any information, matter, media or material in any form (“Content”) to the Coach, including through any discussion forum or other Services or Materials provided hereunder, it may be accessible by third parties and there is no confidentiality or privacy rights attached to such submission including, without limitation, any information I provide which, when alone or combined with other information, could be used to discern a person’s identity (“Personal Information”).
I acknowledge and agree that I am entirely responsible for all Content. I represent and warrant: (a) that I have all required right, title and interest (including intellectual property rights) required to submit, provide or make the Content available to the Coach; (b) if making Personal Information available, I have obtained all required consents to submit, provide or make the Content available to the Coach; and (c) I will not post or transmit any unlawful, disparaging, defamatory, obscene, illicit, or otherwise objectionable matter.
I hereby grant to the Coach and her assignees and designees a non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use the Content. The Coach has the right, but not the obligation, to remove Content that it deems to be disparaging, defamatory, obscene, illicit, or otherwise objectionable.
- PRIVACY AND CONFIDENTIALITY
I agree (a) to respect the privacy of fellow users of the Services and Materials by keeping their experiences and statements (whether oral or written) which I receive in the strictest confidence, and shall not use them in any manner other than in oral discussion with other participants; (b) to keep my account credentials in the strictest confidence and not to disclose the Services or Materials to any other person (including by providing my login credentials or allowing another person to view my account); (c) not to post, transmit, or in any way exploit any of the Services or Materials for any purpose, including commercial purposes, other than as described herein; (d) not to use any website, groups or other communities related to the Services or Materials provided hereunder to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind; (e) not to gather any email addresses or other Personal Information through the Services and Materials, for marketing or any other purposes; (f) not to distribute or otherwise introduce malware, viruses, trojan horses, or other harmful code into the Services or Materials; and (g) not to provide Personal Information unless I have obtained all applicable consents.
I hereby authorize the Coach and agree to allow the use of my voice, image, and likeness which may be captured during my use of the Services and Materials via photographs, audio, video, or other recording medium using any technology, for marketing of current or future products, services or for your other business purposes without compensation to me. I waive any right I may have to inspect and/or approve any such photographs, audio, video or other recording of myself. I understand and agree that all such recordings are exclusively owned by the Coach and I will not receive compensation for the use of such recordings or photographs.
- INTELLECTUAL PROPERTY
The Coach hereby grants to me a non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Services and Materials for my personal use only, in accordance with the terms and conditions of this Agreement.
I acknowledge and agree that the Services and Materials are subject to copyright and other intellectual property laws. I agree not to infringe any copyright, patent, trademark, trade secret or any other intellectual property rights made available to me through the Services and Materials, and that the reproduction, distribution, transmission or sale of these materials by me is strictly prohibited without express written permission of the Coach.
I acknowledge and agree that the trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on or through the Services and Materials are Trademarks of the Coach or third parties that have authorized the Coach’s use of such Trademarks. Nothing herein grants, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of the Coach or the applicable third party. Any use of the Trademarks or any other content on the Coach’s website or groups, except as provided in these terms and conditions, is strictly prohibited.
The Coach shall be free to use, in any manner whatsoever, any feedback, suggestions, comments, or improvements (collectively, “Feedback”) that I provide to the Coach in relation to the Services and Materials. No compensation shall be owed as a result of such use.
- THIRD PARTY SERVICES
I acknowledge and agree that I may be using, and the Coach may be using, third party products or services to facilitate provision of the Services and Materials. No license or other rights to such third party products or services are given hereunder. I acknowledge and agree that any problem with a third party product or service shall be governed by the agreement between me and that third party provider and the Coach is not liable in any manner whatsoever for my use of the Services or Material through any third party product or service.
I acknowledge and understand that the Coach may be providing services, including but not limited to promotional services, to third parties which are unrelated to the Services and Materials provided under this Agreement. I acknowledge and agree that no such third parties are involved in the provision of the Services and Materials hereunder, and that no claim, demand, action or otherwise may be brought against any such third party for any reason in relation to this Agreement.
Either party may terminate this Agreement upon notice to the other party, effective as of the end of the period covered by last payment made by me. However, the Coach reserves the right to terminate my license and my right to access or use the Services and Materials immediately, without any refund, if I have breached or violated any of the provisions of this Agreement. Without limiting the foregoing, the Coach may, in her sole discretion, limit, suspend, or terminate my license to the Services or Materials without refund if I: (i) become disruptive or difficult to work with; (ii) fail to follow any program guidelines; or (iii) impair the participation of our instructors or other participants.
Upon termination I agree to settle any outstanding balance with the Coach within three (3) business days and I hereby authorize the Coach to charge me via any payment method that I have previously approved for payment of the outstanding amount.
This Agreement represents the entire agreement by and between the parties and supersedes all prior agreements, discussions and understandings, whether written or oral. The Coach may provide any communication or notice to me at the email address provided herein and such communication or notice will be deemed to have been received by me on the date sent. I may provide notice to the Coach by emailing <@>. The Coach may modify this Agreement from time to time and such modification shall be effective upon notice to me or upon posting the modifications at [insert web address], or such other website as may be provided by the Coach from time to time. My continued use of the Services or Materials shall constitute my consent to be bound to any changes to this Agreement after any such modification is made. This Agreement is personal to me and may not be assigned to any other party. The Coach can assign this Agreement to another person or entity without my consent. All references to currency herein refer to Canadian dollars. The parties agree that this Agreement is made solely for their benefit. No third parties are beneficiaries to the terms hereunder and no third party has any right to enforce these terms, whether or not benefitted by them. If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
By signing this Agreement I am agreeing to subscribe to the Coach’s Newsletter, however, I may cancel such subscription at any time.
I have read the above terms and conditions, and agree to read the policies and amendments as posted by the Coach from time to time, and to be bound by all such terms, conditions and policies upon my continued use of the Services and Materials.
This Agreement is governed by the laws of the Province of Ontario and is binding upon myself and my heirs, executors, administrators, representatives. The parties agree to submit to the exclusive jurisdiction of the courts in Toronto, Ontario to govern any disputes arising hereunder.
EXECUTED at [city/province or state/country], effective as of the date written above.