On behalf of Scientuitive - Fitness & Wellness Education Inc. (the “Company” or “we”), thank you for your interest in the SBSM Movement Pod to be run by Elia Mrak (the “Pod”)! Your access to the Pod is conditional upon agreeing to the following terms and paying applicable fees.

SBSM Movement Pod

Service Offering Agreement
(the “Agreement”)

January 12, 2024

What support is available?

When you sign up for the Pod you’ll be invited into the private forum.  During the Pod, you’ll have the opportunity to ask follow-up questions and share your experience in between sessions. This group will be moderated by Elia Mrak.

After the Pod concludes, the private forum will no longer be moderated and may be closed or removed by the Company without notice.

Participant Expectations

Participants must have an internet connection fast enough to download or view any materials or content which may be provided in connection with the Pod (the “Pod Content”), and to enable such participant to adequately participate in online video calls. Please consult with your internet service provider BEFORE YOU BUY, and make sure the download speeds are suitable for your needs.

You agree to abide by Company guidelines and expectations that have been communicated on the Company’s website, or any Company platform (collectively, the “Company Platforms”) or as otherwise provided in Pod Content that has been made available to you. This includes being on time and “present” during the Pod, as applicable.

Participants must attend all Pod sessions and be present for the entire duration of the call (2 hours). When not in their 15-minute spot, participants are free to turn off their video or audio, orient to their surroundings, walk around a bit, take bathroom breaks, and manage their involvement as needed. We do ask that you stay present in your intention and involved with the process the whole time.

Participants agree not to plan any travel by plane (or some other form of transport subject to delays beyond their control) on the day before, or of, the Pod meeting.

Participants agree to adhere to the 15-minute time limit for each individual session. During the calls while each participant is in session, the rest of the participants agree to hold intention for the current client.

Participants must be open to feedback and have a willingness to be coached.

Participants must ensure that they have privacy for the duration of each session of the Pod.

Testimonials

We accept and use testimonials or other feedback (collectively, “Testimonials”) in order to improve the Pod and future product offerings. We may also share Testimonials with current and prospective participants of the Pod, on the Company Platforms or otherwise. By registering for the Pod, you acknowledge and agree that the Company may request or receive Testimonials from participants regarding their personal experiences with the Pod. Testimonials are governed by the following terms:

• Company Limited Use of Testimonials: If you provide the Company with a Testimonial, you agree to grant the Company an irrevocable, worldwide, assignable, sublicensable, and perpetual license to use, publish, display, broadcast, distribute, adapt, modify, prepare derivative works of, incorporate into other works, and reproduce Testimonials for any purpose in its sole discretion, including in connection with advertising and promoting the Pod or the Company’s other product offerings, whether on the Company Platforms or within educational materials forming part of the Pod or the Company’s other product offerings, or otherwise.
• Intellectual Property Ownership of Testimonials: You agree that Testimonials will be the exclusive property of the Company to use in its sole discretion in accordance with this Agreement, without additional compensation owing to you for their use, and you hereby waive any right to inspect and approve the finished product or final version of Testimonials. During and indefinitely after the Pod, you further agree to waive and release all intellectual property and moral rights in connection with Testimonials and the Company’s use thereof in accordance with this Agreement.

Company Platform Comments

Before, during, and after the Pod, you may publish written commentary on the Company Platforms (“Comments”). By doing so, you agree that Comments will be the exclusive property of the Company and hereby grant the Company an irrevocable, worldwide, assignable, sublicensable and perpetual license to use the Comments for internal operations, improving current and future offerings of the Company, or for any ancillary or related purpose, without additional compensation owing to you for their use. You further agree to waive and release all intellectual property and moral rights in connection with Comments and the Company’s use thereof in accordance with this Agreement.

Confidentiality and Limited License

By participating in the Pod, you agree and acknowledge that no recording of any kind is allowed during the Pod or otherwise (e.g. prohibition on audio or video recordings and screenshots) by you or other participants in the Pod. All information shared during the Pod is considered strictly confidential and not to be publicly shared nor used for any commercial purpose without the Company’s prior written approval.

Any information provided to you or otherwise accessed in connection with the Pod , including Pod Content and all communication during the Pod, shall be in accordance with this Agreement, our website terms, and any other terms included each time such information is provided or accessed, all of which may be amended or restated from time to time. In providing any such information to you, on the foregoing terms, the Company is granting you a revocable, non-exclusive, non-transferrable, non-assignable, non-sublicensable limited license solely for personal use and access to such information, as and when made available by the Company. In granting such limited license, the Company shall retain all right, title, and interest in and to such information. You may be required to agree to amended terms from time to time, without additional compensation owing to you, in order to continue accessing such information.

For clarity, any information provided or made available to you, whether accessed online or made available for download offline, shall not be posted online or otherwise shared with any third party, nor be used for any commercial purpose, without the Company’s prior written approval.

Personal Conduct

Before, during, and after the Pod, the Company is committed to fostering a respectful environment where participants of the Pod are welcoming and inclusive of all and treat others with dignity and respect and in a non-discriminatory manner both inside and outside of the Pod. You understand and acknowledge that if, in the sole discretion of the Company or the Company’s representatives (the “Company Representatives”), you are acting in a disrespectful manner to the other participants of the Pod or the Company Representatives, whether inside or outside of the Pod, you may be removed from the Pod. In such cases, the Company may terminate your access to the Pod, any benefits or materials, and any associated website or similar platforms that you may have been given access to in connection with the Pod. In such cases, no refund or additional compensation will be provided to you.

If, in the sole discretion of the Company or the Company Representatives, you are acting contrary to the terms set out in this Agreement or in connection with the Company Platforms, or demonstrating unwelcome behaviour by posting, commenting, or making an impression on any social media platform (e.g. Twitter, Tik Tok, Instagram, Facebook, etc.), the internet, personal blog, media space, YouTube, or publicly published materials about the Company or Company Representatives, or the Company’s various offerings, you may be removed from the Pod. In such cases, no refund or additional compensation will be provided to you.

You hereby agree that you are responsible for all administrative and legal costs (on a solicitor-client basis) in connection with any subsequent disputes or claims following such termination and revocation of access to the foregoing.

Changes to this Agreement

Please note that we reserve the right to modify the start and end dates 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.

This Agreement may be amended from time to time in the Company’s sole discretion and you shall be deemed to accept all such amendments upon your continued use or access of the Pod Content or access to the Company Platforms more than 30 days after being provided with notice of same. You may also be required to accept such amendments as a condition of being granted continued access to Pod Content or certain Company Platforms.

Assumption of risks

The Pod will involve movement and physical activity. You agree that you are aware and understand that the Pod and related activities may involve risks and dangers, including but not limited to the risk of injury or mental harm. You acknowledge that you are voluntarily participating in the Pod and the related activities and you freely accept and fully assume any and all of the risks and dangers involved, whether caused by the negligence of the Company or any Company Representative or otherwise.

No Medical Advice, Diagnosis, or Treatment

Please note that the Pod and Pod Content are not a substitute for professional medical advice, diagnosis, or treatment. It is intended to provide somatic, nervous system-based information for your education and learning. The Pod and Pod Content have 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. We 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 your local emergency services immediately.

Waiver, Release, and Indemnity

By participating in or accessing any Pod you expressly waive and release any and all claims (“Claims”) which you have or may in the future have against the Company or any Company Representative, including all of their respective directors, officers, shareholders, affiliates, employees, contractors, agents, advisors and other representatives (collectively, the “Released Parties”) on account of any injury, damage, or harm arising out of or attributable to your participation in the Pod or the related activities. You agree not to commence or bring any Claims against any of the Released Parties and you irrevocably release and discharge the Released Parties from liability in connection with your participation in the Pod and without further compensation.

Subject to the terms and conditions herein, you further agree to indemnify and hold harmless the Released Parties from any and all Claims that any third party (“Third Parties”) may bring against any of the Released Parties in connection with or resulting from any of your actions during or outside the Pod, including but not limited to you demonstrating or performing any information or techniques learned during the Pod to or for Third Parties and any related interactions therewith.

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 for the Pod.

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.

Entire Agreement

This Agreement constitutes the entire agreement between you and the Company in connection with and following your participation in the Pod. This Agreement supersedes all prior representations, warranties, agreements and understandings, whether oral or written, express or implied, in respect of the foregoing. No supplement, modification or waiver of this Agreement shall be binding unless signed by you and the Company.

Governing Law

You 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, you agree to submit to the exclusive jurisdiction of the courts of British Columbia and waive any jurisdictional objections to such courts. You 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

You have read the above terms and fully understand them. You are of the legal age of majority in your jurisdiction and are authorized to grant the permissions, waivers, and releases set forth above. You have sought or hereby waive the opportunity to seek independent legal advice prior to accepting the terms of this Agreement.

Refund Policy

To ensure commitment to the times, to oneself, and to the group, no refunds will be offered.

Who should I contact with questions?

Thank you for your interest in the Pod. If you should have any questions around our policies, how the Pod is delivered, what is involved and its suitability for you or your personal and professional needs, and for all other questions, please do not hesitate to email us at [email protected].

For any technical support, our support team can be reached at [email protected] and we will get back to you within 48 hours.  Our regular business hours are Monday to Friday, 9AM – 3PM Eastern Standard Time (EST).

By clicking the button below I agree that I have read and agree to the conditions outlined in this Agreement and our website terms and privacy policy.