SERVICE OFFERING AGREEMENT
October 8, 2021
Waiver of the Released Materials
By registering for the Drop-In Class, I hereby understand and agree that the Company and any teachers, representatives, or moderators, as applicable (collectively, the “Company Representatives”), will be recording the class for which I am registering (the “Class”) and that these recordings, and copies thereof may contain my name, likeness, statements, and/or voice (collectively, the “Released Materials”). I also understand that the Released Materials will be the exclusive property of the Company to use in its sole discretion, without additional compensation owing to me for their use.
I hereby and irrevocably grant to and in favour of the Company and its respective successors, heirs and assigns the unrestrained worldwide license in perpetuity to use, publish, display, broadcast, distribute, adapt, modify, prepare derivative works of, incorporate into other works, and reproduce the Released Materials and to otherwise use the Released Materials, including to grant sublicenses and assign any of the foregoing rights, for any purpose across all media now known or created in the future. Without limiting the generality of the foregoing, I hereby authorize the Company to use the Released Materials in connection with advertisement and promotion of its classes or other endeavors, sharing records of its classes on the Company’s website, social media, and/or public displays, exhibitions, and educational materials connected to the Company’s classes or other endeavors.
I hereby waive any right that I may have to inspect and approve of the finished product or final version of the Released Materials before they are released to the public, or at all. I further waive and release any claims in law or equity that I may have against the Company, and its respective successors, heirs and assigns arising from any use to which the Released Materials may be put, including without limitation any intellectual property or moral rights of any description, any right to approve of the use of the Released Materials, any claim for invasion of privacy, violation of the right of publicity, defamation, and/or copyright infringement, and any associated claims for damages or compensation.
Participants must have an internet connection fast enough for decent quality on video calls. If you don’t know if your internet is fast enough please try out a ZOOM call or Skype call with a friend BEFORE YOU BUY, and make sure they can see and hear you clearly.
By participating in the Class, you agree and acknowledge that no recording of any kind is allowed during the Class or otherwise by you or other participants. All information shared during the Class or accessed as an alumni of the Class (if applicable), is considered strictly confidential and not to be publicly shared without Company approval.
The Company is committed to fostering a respectful environment where Class participants are welcoming and inclusive of all, and treat others with dignity and respect and in a non- discriminatory manner.
I hereby acknowledge that if, in the reasonable opinion of the Company or Company Representatives, I am acting in a disrespectful manner to participants or Company Representatives or both, I may be removed from the Class without refund.
I also agree to be on time and present before the Class begins.
Due to the digital nature of the Class no refunds are offered.
Changes to this Agreement
Please note that we reserve the right to modify the date and timing of the Class, and all other offerings listed in this Agreement, when reasonably necessary or advisable. In such cases, we will use reasonable efforts to communicate with you in the event of any such changes to this Agreement.
Who should I contact with questions?
Thank you for your interest in this Class. If you should have any questions around our policies, how the Class is delivered, what is involved and its suitability for you and your personal and professional needs, do not hesitate to email us at email@example.com
Assumption of risks
I agree that I am aware and understand that the Class and related activities may involve risks and dangers, including but not limited to the risk of injury. I acknowledge that I am voluntarily participating in the Class and the related activities and freely accept and fully assume any and all of the risks and dangers involved, whether caused by the negligence of the Company, Company Representatives, or otherwise.
By participating in the Class, I expressly waive and release any and all claims (“Claims”) which I have or may have in the future against the Company or Company Representatives, including their respective affiliates, employees, agents, and representatives (collectively, the “Indemnified Parties”) on account of any injury or damage arising out of or attributable to my participation in the Class or the related activities. I agree not to commence or bring any Claims against the Indemnified Parties and I irrevocably release and discharge the Indemnified Parties from liability under the Claims.
The Class is not a substitute for professional medical advice, diagnosis, or treatment. It is intended to provide somatic, nervous-system based education and learning. The Drop-In Class has not been scientifically evaluated and should not be used as a substitute for medical or psychiatric advice, cannot diagnose or treat any medical or psychiatric condition and does not replace care from your physician.
The Company and Company Representatives are not psychiatrists, psychologists, or medical professionals. Always consult a healthcare professional if you suspect you require medical or psychiatric treatment. If you believe or suspect you are experiencing an emergency, call 911 immediately.
Limitation of Liability
The Company’s liability with respect to its obligations under this Agreement or otherwise, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, and even if the Company has been advised of the possibility of such damages and for any and all claims arising under or in connection with this Agreement, regardless of the form of action, shall not exceed the aggregate amount of the fees that you pay hereunder.
In no event shall the Company be liable for any indirect, incidental, or consequential damages of any kind, including without limitation, indirect, special, punitive or exemplary damages for lost business, lost savings, lost data, and lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if the Company has been advised of the possibility of such damages.
I agree that this Agreement will be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein, without regard to their conflict of laws principles. Should a dispute arise as a result of this Agreement, I agree to submit to the exclusive jurisdiction of the courts of British Columbia and waive any jurisdictional objections to such courts. I further agree that the prevailing party in any action that arises as a result of this Agreement will be entitled to receive from the other party its reasonable legal costs.
Acknowledgement and Independent Legal Advice
I have read the above terms and fully understand them. I am of the legal age of majority in my jurisdiction and am authorized to grant the permissions, waivers, and releases set forth above. I have sought or hereby waive the opportunity to seek independent legal advice prior to accepting the terms of this Agreement.
Scientuitive – Fitness & Wellness Education Inc.
Last Updated: October 8, 2021