You are purchasing Company’s products, programs, or services (collectively referred to as “Products”). The following Agreement is the Terms of Service for Products. Please read it carefully. If you do not agree to the following terms, DO NOT purchase Products. By purchasing Products, you are accepting the following Agreement, and you agree to and are bound by the following terms.
For purposes of this Agreement, you (the purchaser) are referred to as “Client.” Seller, Kettlebells and Cupcakes, is referred to as “Company.”
The engagement of services begins on the purchase date and continues on an at will basis.
3. Company’s Products:
Client has purchased Products, which includes:
Fitness app, WRK by KBCC, which includes workout plans, instructional videos, private messaging, and habit tracking.
Client agrees to pay the total fee of $195 per year.
Payment is reoccurring and processes each 365 days from purchase date. Payment is processed electronically via card information provided by Client.
Client may cancel at any time via email notice to Company at Jess@kettlebellsandcupcakes.com.
Company does not offer refunds. Client may cancel subscription at anytime, and will continue to have access to the WRK app through the end of your yearly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-YEAR SUBSCRIPTION PERIODS.
Any information discussed or any information either party comes to know during Company and Client’s one-on-one work together is confidential. This does not include information Client makes available during group calls, information that either party was aware of prior to executing this Agreement, nor does it include information that was gained by a third party, or information that was available to the public through no breach of confidentiality by Client.
Confidential information may be shared if and only if waived by both parties in writing.
Company may take photographs, videos, audio recordings, or other recordings that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in Company’s program, Client is consenting to being recorded and photographed and to the use of Client’s likeness and voice in any media in perpetuity by Company for whatever purpose as Company sees fit, unless explicitly requested by Client in writing.
9. Intellectual Property:
Company reserves all ownership rights to any materials including but not limited to documents, images, audio, and video, provided to Client through Client’s participation. Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes.
Client agrees, during and after purchase of Products, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation. In addition, Company agrees to refrain from making any statements, whether oral or in writing, that negatively impact Client or Client’s business.
This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement without express written consent from Company.
12. No Guaranty; Disclaimer:
NO GUARANTEES: Company makes no guarantees about Company’s Products and the results that Client may have from purchasing Products. Client agrees that any statements made by Company regarding potential outcomes are opinions and are not binding on Company. Company may provide testimonials from previous clients, which is not to be relied upon to predict results in your specific situation. The results you experience will be dependent on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or Company may not be able to anticipate.
NOT PROFESSIONAL MEDICAL ADVICE: At no time should any of Company’s services, products, or programs be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy. Company’s services are not intended to treat, diagnose, cure, or prevent any disease. If at any time Client needs medical, and/or psychological treatment, it is Client’s responsibility to seek it out.
Both Company and Client warrant that they have full authority to enter into this Agreement.
Company warrants that its services will be provided by qualified people and in a competent manner in accordance with industry standards.
Client warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in this Agreement.
EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.
14. Whole Agreement:
This Agreement constitutes the entire agreement between Client and Company. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements.
15. Modification; Waiver:
The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties.
In order to make the waiver binding, the party making the waiver must execute it in writing. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver.
The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
17. Limited Liability:
THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered by registered or certified mail, postage prepaid, addressed to the party’s principal place of business, unless otherwise clearly stated in this Agreement that email notification shall suffice.
19. Dispute Resolution; Costs and Fees; Applicable Law/Venue:
Any dispute arising under this Agreement will be resolved by an online mediation service that is agreed upon by all parties or by a mediation in California with a mediator agreed upon by all parties. The parties agree to complete mediation in good faith prior to pursuing any other available legal or equitable remedies.
Parties agree that this Agreement shall be governed by and construed in accordance with the laws California. Parties agree that the venue for any court proceedings arising out of this Agreement shall be in California, USA.
If Client sues Company and Company is successful, Client is responsible for Company’s attorney’s fees, in addition to any other relief to which Company may be entitled.