SUMMER SCHOOL ENCORE

SERVICE OFFERING AGREEMENT

July 2022

On behalf of Scientuitive - Fitness & Wellness Education Inc. (the “Company”), we are excited that you’ve registered for SUMMER SCHOOL ENCORE (the “Encore”)! Your access to the Encore is conditional upon agreeing to the following terms and accepting our website terms and privacy policy, which form a part of this Service Offering Agreement (this “Agreement”). 

Client expectations

Participants must have an internet connection fast enough to download any Encore materials in a timely manner. If you don’t know if your internet is fast enough please consult with your internet service provider BEFORE YOU BUY, and make sure the download speeds are suitable for your needs.

Confidentiality and Limited License

By being granted access to the Encore, you agree and acknowledge that no recording of any kind is allowed. All information shared in connection with the Encore or otherwise accessed with permission or made available by the Company (if applicable), is considered strictly confidential and not to be publicly shared without Company approval. 

Any information provided to you by the Company or otherwise accessed in connection with the Encore shall be in accordance with this Agreement, our website terms, and any other terms included each time such information is provided or accessed. In providing any such information to you, on the foregoing terms, the Company is granting you a 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. 

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. 

Changes to this Agreement

Please note that we reserve the right to modify the licensing terms and offering of the Encore, and all other offerings contemplated 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 Encore. If you should have any questions around our policies, how the Encore is delivered, what is involved and its suitability for you and your personal and professional needs, do not hesitate to email us at [email protected]

Assumption of risks

I agree that I am aware and understand that viewing the Encore and participating in activities related to the Encore may involve risks and dangers, including but not limited to the risk of injury. I acknowledge that I am voluntarily viewing the Encore and participating in 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 or any employees, contractors, representatives, teachers, or moderators of the Company (collectively, “Company Representatives”), or otherwise, including myself.

By viewing the Encore  or participating in activities related to the Encore , 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 viewing of the Encore  or participation in activities related to the Encore . 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.

Please note that the Encore is 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 Encore 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. 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 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 exemplarily 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. 

Governing Law 

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.

Refund Policy

Due to the digital nature of the Encore, no refunds are offered.

By clicking the button below I agree that I have read and agree to the conditions outlined in this service offering for Summer School Encore and our website terms and privacy policy.

Last Updated: July 2022