ONLINE COURSE AND MEMBERSHIP AGREEMENT
Why You’re Reading This Document
We only communicate one way – openly and honestly. This online course and membership agreement (the “Agreement”) outlines our mutual expectations and the terms and conditions for participating in our online courses and video instruction membership. If there is anything you are uncomfortable with, please let us know. We want to make sure we are on the same page moving forward.
By signing up for an online course or the video membership program, you agree to be bound by the following conditions.
- Parties. This Agreement is made between Karen Moffatt doing business as (DBA) Kettlebell Wellness, a Sole Proprietorship operating out of the Province of Ontario (“Kettlebell Wellness”, “we”, “our”, and “us”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Agreement (“you” and “your”).
- The Course. Kettlebell Wellness is providing you with the friendly and encouraging online course that you are purchasing, as per this Agreement (collectively the “Online Course”). The Online Course is also offered as a membership (the “Membership”).
- The Online Course includes kettlebell strength training exercises and yoga, on demand and pre-recorded. You will have access to kettlebell training, mobility and recovery exercises as well as yoga sequences and workouts that you can follow along with on your computer, iPhone, or iPad. The Online Course is an on-going and ever-changing source of material, with new videos added regularly .
- Just press play and you will be on your way to better mental and physical health, strength, mobility, flexibility, and cardiovascular endurance. You can use the Online Course at home to complement your active lifestyle. The Online Course can also be a staple in your movement and strength training diet.
- Term + Termination. This Agreement will be binding upon your payment for the Online Course. Once purchased online, you will receive access to the Online Course. You may receive access to the Online Course as a Membership, per ongoing monthly or annual memberships, to use in your own time and at your own discretion.
- Please note that if you violate any of the terms of this Agreement, Kettlebell Wellness may terminate this Agreement effective immediately and you will not be entitled to any refunds or any continued working relationship with Kettlebell Wellness.
- The Membership has a 7-day trial the first time you enroll. After the trial period, your credit card will be billed every month. You can choose to cancel at any time, but you must cancel before your billing due date. Failure to do so will result in your credit card being charged for that month. You will have access to your Membership for the remainder of the billing cycle, and the next payment will be cancelled.
- If you want to terminate your Membership please know that it is your responsibility to cancel your own Membership through your own account and not the responsibility of Kettlebell Wellness to cancel it for you.
- Payment. Payment of the Online Course is due upon completed purchase of the Online Course. You agree to pay the price of the Online Course, including the possibility of payments in installments or recurring subscriptions for the Membership, as advertised through our media and website. All prices and payment costs are in CAD.
- Incremental Payment. If your method of payment includes an auto renewal feature (“Incremental Payment”), such as for the Membership, you authorize Kettlebell Wellness to maintain your account information and charge that account automatically upon the renewal of the Online Course, monthly or yearly, with no further action required by you.
- Refunds. Our refund policy is as follows: all sales are final. Courses are non-refundable and non-transferable.
- Payment Failure. In the event that your payment fails, you will not be able to access any of the information or content of the Online Course. For the Membership, attempts to recover failed payments will be made, but after multiple attempts to recover those payments, your Membership will be cancelled.
- Individual Login Access. Any passwords and user IDs used to access the Online Course as part of this Agreement are for your individual use only. You are responsible for the security of your password and user ID and for all activities that occur under your user ID and password. You agree to notify us or the third party operator immediately of any unauthorized use of your password or account or any other breach of security. Kettlebell Wellness will be entitled to monitor passwords and user IDs and, at its discretion, require you to change passwords. You further agree that Kettlebell Wellness will not be responsible for the unauthorized use of your profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. Kettlebell Wellness cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions. Should you violate this provision or any other provision in this Agreement, Kettlebell Wellness reserves the right to immediately revoke your access to the Online Course and block your access of the website or online program, without providing any refund.
- Your Conduct. You are solely responsible for all videos, images, information, or other data that you upload, publish, or otherwise use via the Online Course. Kettlebell Wellness reserves the right to remove any kind of offensive or inappropriate content from the Online Course, and to suspend or terminate your access to the Online Course in such an event.
- Interactions in the Course. You are responsible for your own actions and interactions with any other user in connection with the Online Course. Kettlebell Wellness will have no liability or responsibility in this regard, however we reserve the right, but have no obligation, to become involved in any way with disputes between you and any other users.
- No Guarantees. As this is an independent study arrangement, it is up to you what you get out of the Online Course. No guarantees can be made for the results from the Online Course.
- Ownership of Intellectual Property. All materials provided in connection with this Agreement, including without limitation, written or printed documents, photographs, audio and video recordings and software programs, and all copies and derivative works relating thereto (the “Course Materials”), are and will remain the sole and exclusive property of Kettlebell Wellness. You have a limited, non-exclusive right to use the Course Materials to the extent necessary to complete the Online Course. An example of something you are not allowed to do with the Course Materials would be to create a photocopy or reproduce the Course Materials and give it to a friend or sell it to someone. Another example would be to use the Course Materials to create your own online program, or to provide them to someone else who intends to do so.
- Loss of Access. Kettlebell Wellness retains the right to revoke your access to the Online Course and any Course Materials in the event that you do not make your payments or if you steal any of our intellectual property, or engage in inappropriate or offensive conduct. Access suspension due to non-payment will be restored once you pay your full amount owing.
- Collaboration. Some of the Online Course content and Course Materials may be created and produced in collaboration with affiliates, co-creators, or employees.
- Third Parties. You are prohibited from sharing any information that you receive through the Online Course with any third parties, without our consent. In the event that you do share any information regarding the Online Course, Kettlebell Wellness will exercise our full legal rights to remedy the situation.
- Limitation of Liability. Kettlebell Wellness makes no representations or warranties of any kind, express or implied, with respect to the Online Course or Course Materials, including without limitation, any warranty, fitness for a particular purpose, title or non-infringement of third-party rights, and Kettlebell Wellness hereby expressly disclaims the same.
- In no event will Kettlebell Wellness be liable for special, incidental, indirect or consequential damages (including without limitation, lost profits or revenues), or other liability arising out of or in connection with this Agreement, regardless of the form of action, whether or not Kettlebell Wellness has been advised, or otherwise might have anticipated the possibility of such damages.
- General Indemnity. You hereby fully indemnify Karen Moffatt DBA Kettlebell Wellness and any of its members, officers, employees, contractors, affiliates, co-creators, volunteers, agents, executors, administrators, successors, family members and assigns (the “Indemnified Parties”) and save harmless the Indemnified Parties from any losses, claims, damages, actions, causes of action, costs and expenses that an Indemnified Party may sustain, incur or suffer at any time, which are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission by you in your use of the Online Course, provided that where Kettlebell Wellness has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.
- Waiver. Before you participate in our Online Course, you must sign our Waiver Agreement form, if and when we send it to you. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.
- Standard Legal Things. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the Province of Ontario. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the Province of Ontario.
- Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements.
- Waiver of Breach. The waiver by Kettlebell Wellness of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you.
- Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above.
- Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding.
- Counterparts. This agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document.
- Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
WAIVER AGREEMENT
The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks of practicing fitness and strength training together, either in person or online, and have you release Kettlebell Wellness of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any classes, workshops, or private sessions.
If you are under the Age of Majority in the Province of Ontario (18 years old), your legal guardian must also sign this Waiver on your behalf.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
Parties. We will refer to Karen Moffatt doing business as (DBA) Kettlebell Wellness, a Sole Proprietorship based in the Province of Ontario, as “Kettlebell Wellness”, “us”, “we” or “our”, and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.
The Activities. You may participate, in person or online, in fitness and exercise classes, sessions, memberships, trials, workshops, and more with Kettlebell Wellness. We offer levels of friendly and detailed fitness classes, all of which may involve but are not limited to the following (“Activities”):
Strength and cardiovascular training, kettlebell strength training exercises (and other strength training modalities using heavy weights), core exercises, high intensity exercises, flexibility training, weighted mobility training, bodyweight exercises, locomotor movements, stretching and resistance exercises, yoga, handstands, pull-ups, mobility, range of motion exercises, breathing exercises.
The constant in all of these classes is that the Activities involve moving in full ranges of motion, strength training, mobility, flexibility, and postural training. The Activities may involve receiving adjustments from instructors, so please advise in advance if you do not want adjustments.
The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Kettlebell Wellness’s facilities and meeting locations, including outdoors and in your home. We need you to acknowledge that you are responsible for the safe facilitation of the Activities happening outside of our facilities, including but not limited to your own home.
Equipment. Before, after, and during the course of the Activities, you will use a variety of equipment, which may include but is not limited to: kettlebells, free weights, barbells, treadmills, resistance bands, dumbbells, stability balls, pull-up frames, TRX ropes, medicine balls, yoga blocks, yoga straps, foam rollers, sticks, skipping ropes, and home-made equipment (the “Equipment”). Please do not use any equipment not instructed by Kettlebell Wellness.
Kettlebell Wellness may provide you with instructions on how to make and use alternative Equipment when performing the Activities at home. Please use your reasonable judgement in doing so and remember that you are the best judge of your own capabilities and limits.
If Kettlebell Wellness is providing you with kettlebells, please be careful with the kettlebells when they first arrive, as they are very heavy. Please do not use the kettlebells for uses other than the Activities.
Inherent Risks. You understand that participating in the Activities poses inherent risks, some more obvious or serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death.
Injuries include but are not limited to things like muscle tears, strains, rhabdomyolysis and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, and hearing loss.
Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment.
Additional risks of Activities for pregnant or post-natal women to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
Additional risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform. In the event that harm arises when the Activities are performed online, Kettlebell Wellness will do the best we can to contact emergency help. However, there is no immediate in-person care in such a situation.
Additional risks posed by Activities performed in your own home, such as tripping or colliding with furniture or slipping, and especially if you are setting up your own and using your own equipment or home-made equipment.
Other risks posed for Activities performed outdoors, such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Activities.
Affirmation of Health. By participating in any Activities with Kettlebell Wellness, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to practice fitness and physical activity. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. If you do not feel well at any point during the Activities, please discontinue the Activities and inform Kettlebell Wellness or your doctor. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.
COVID-19 & Infectious Disease. If at any point within 14 days prior to participating in any of the Activities, you have suffered from symptoms of a communicable disease (including but not limited to fever, chills, cough, shortness of breath, or sore throat), been in close contact with someone with a known or suspected case or in a hot spot area, or else are uncertain of your health or risk of transmission, you agree not to join or participate in the Activities and you should consult with your doctor. You agree to comply with all measures and policies implemented by Kettlebell Wellness and applicable public health guidelines as updated, including but not limited to wearing masks, personal hygiene and social distancing, and allowing your temperature to be checked before arriving to class.
Consent to Cooperate with Contact Tracing. You understand and agree that Kettlebell Wellness may disclose your personal information to the relevant authorities as required by law and policies related to the containment of COVID-19 through contact tracing or for other lawful purposes.
Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Kettlebell Wellness. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the group classes, workshops, and private sessions with Kettlebell Wellness illustrates your voluntary engagement and assumption of the risks of the Activities.
Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Karen Moffatt DBA Kettlebell Wellness, its members, directors, officers, contractors, employees, volunteers, affiliates, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of Kettlebell Wellness’s negligence, during your participation in the Activities with Kettlebell Wellness. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
Media Release. We think you’re awesome and want to show you off! By participating in the Activities at Kettlebell Wellness, you agree to grant us the irrevocable right to use your image, likeness, photos, video content, audio recordings captured of you on the premises or that you share with us online (via your own or others posting of you), as well as comments you post on our social media, email, or membership platform, as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to such use. Please let us know if you ever want us to stop using an image of you.
Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing classes, sessions and workshops whether in person, online, or via video conferencing tool.
Valuables. You agree that we are not responsible for the loss or damage of any personal property you bring or leave with Kettlebell Wellness.
General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the Province of Ontario. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the Province of Ontario. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect.
Entire Agreement: This Waiver constitutes the entire agreement between the parties and replaces any prior agreements.
Headings: The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding.
Online Agreement: We agree that this Waiver may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of this Waiver.
You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.
Thank you for communicating honestly with us. We look forward to welcoming you at Kettlebell Wellness!