SWKM MARCH MADNESS TERMS & AGREEMENT

by | Feb 10, 2021

 Welcome to your SWKM MARCH MADNESS 21 DAY CHALLENGE 

 A 21 Day Challenge to get US through March TOGETHER 

These Terms of Use are effective as of the 8th of February 2021 and are subject to change. 

ONLINE SERVICES AGREEMENT 

The purpose of this Online Services Agreement (the “Agreement”) is to communicate the mutual expectations for the STRONGERwithKM March Madness, whereby for mutual consideration you agree to abide by the terms of the Agreement set out below. Please read carefully and make sure you understand and agree to accept all of the terms and conditions contained in this Agreement.

 TERMS OF SERVICES

1. Agreement. This Agreement is made between STRONGERwithKM by Karen Michelle, a Company located in the City of Toronto, Ontario (“STRONGERwithKM,” “Our,” “We,” “Us”) and You, the Purchaser. (“Purchaser,” “You” and “Your”). 

2. The SWKM March Madness Challenge. The “Challenge” is as follows:  15 days of movement that consists of  bodyweight and strength workouts, mobility and stretching, mediation, goal and intention setting, facial lymphatic drainage, educational workshops + giveaways.  

    1. Timing in the Program(s). The timing suggested in the Challenge are for you to follow at your discretion. This Challenge is a guide and the reps and rest time are recommendations but as always, please do what feels best for you and move at a pace that works for you. 

3. Payment. STRONGERwithKM requires full payment for The Challenge: $90.00CAD. Once you acknowledge, consent, agree to this agreement and payment is received, you will receive your calendars outlined with the Challenge schedule. 

    1Payment Method and Processing. You will only be able to make payment for The Challenge using the methods set out on the order checkout page – these methods include PayPal and credit cards. You must provide us with complete and accurate payment information. By submitting payment details, you acknowledge that you are entitled to purchase the Program(s) using those payment details.
    2. No Refunds. The Challenge and payment is non-refundable.

4. Transfer Policy. The Challenge is non-transferable. 

5. Intellectual Property. STRONGERwithKM grants you a limited and non-exclusive right to use the Challenge. You are not granted any right to use any of STRONGERwithKM’s Intellectual Property Rights. You acknowledge that all video, audio, and written content distributed during the Challenge belongs exclusively to STRONGERwithKM by Karen Michelle, the sole Owner of the original materials. You acknowledge and agree that by downloading the materials from the SWKM March Madness Challenge by Karen Michelle, you have a license to use them for your individual use only and cannot reproduce, photocopy, record, broadcast, transmit, distribute any part of the materials, create derivative works from, decompile, reverse engineer, or disassemble the Content or the Services of the Challenge without explicit permission from Karen Michelle to do so.  You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Challenge. 

6. Privacy Policy.  This Privacy Policy (“Policy”) governs how we at STRONGERwithKM (“we”, “our” or “us”) collect, use, share and protect the personal information you provide to us when you access our website, purchase, access and/or download any products or programs (collectively, “Services”), or engage with us on social media. I understand that some of the information provided by me, including, but not limited to, my name, address, date of birth, financial information and health information (“Personal Information”) may be collected and used by STRONGERwithKM and I consent to the transmission of the Information to STRONGERwithKM, Released Parties and/or service providers and authorize STRONGERwithKM, Released Parties and/or service providers to record, process and store such Information as necessary for purposes of providing and administering the Program(s).STRONGERwithKM shall keep all Confidential Information private and will not sell, rent or share your email address or Confidential Information, except as required by law or in the public interest. 

7. Media Release. I grant STRONGERwithKM and Karen Michelle an irrevocable, worldwide, perpetual and unrestricted right to use any media, such as photographs, video, audio recordings or social media posts, whether captured by me, Host or third party in relation to the Challenge and for any lawful purpose, including in its online or printed advertising or marketing materials and on all social media platforms, with or without reference to me and without further notice, grant of permission or right to any financial compensation.

 PLEASE READ CAREFULLY AND ENSURE THAT YOU UNDERSTAND THIS AGREEMENT.

 1. Acknowledgment of Risk. I acknowledge that there are inherent risks and dangers in participating in the Challenge, which include, but are not limited to (i)  muscle aches, soreness and sprains; (ii) major injuries such as joint or back injuries, bone breaks, eye injuries or loss of sight, heart attacks and concussions; and (iii) catastrophic injuries including paralysis or even death. I voluntarily choose to participate and expressly ass ALL risks and dangers of my participation in The ChallengeI voluntarily agree to expressly assume all risks of injury, financial and physical loss, or death that may result from participating in the Challenge.

2. Medical Representation. I agree and acknowledge that I have no medical or physical condition that would prevent me from participating in the Challenge, have no physical or mental condition that would put me, other participants in any physical or mental danger, and have not been instructed by my physician to abstain from participating in the Challenge.

 3. Release, Waiver, and Indemnity. I hereby release, indemnify and save harmless STRONGERwithKM and Karen Michelle from any and all responsibility, liability, claims, actions, suits, costs, loss, expenses and damages arising from the Challenge to the fullest extent permitted, including financial damages or personal injuries, however caused, including negligence. I further indemnify STRONGERwithKM and Karen Michelle from any costs or expenses, including legal fees, they may incur as a result of defending any claim made by me or on my behalf. This Release and Waiver shall be effective and binding upon my spouse, children, parents, heirs, next of kin, executors, administrators, successors, assigns and representatives in the event of my death or incapacity. This clause survives indefinitely. DISCLAIMER You acknowledge that STRONGERwithKM is providing online workouts and  meal ideas, and that the instructor Karen Michelle  is a certified fitness trainer and is not acting in the capacity of a registered healthcare professional nor a registered nutritionist. STRONGERwithKM strongly advises that you consult with your doctor before beginning the Challenge. 

 4. No Warranty. STRONGERwithKM provides no warranty that the Challenge or related services will lead to any specific goals, success or particular results. I acknowledge and agree that the Program(s) is/are provided without any express or implied warranties of any kind. 

 5. Release, Waiver, and Indemnity. I hereby release, indemnify and save harmless STRONGERwithKM and Karen Michelle from any and all responsibility, liability, claims, actions, suits, costs, loss, expenses and damages arising from the Program(s) to the fullest extent permitted, including financial damages or personal injuries, however caused, including negligence. I further indemnify STRONGERwithKM and Karen Michelle from any costs or expenses, including legal fees, they may incur as a result of defending any claim made by me or on my behalf. This Release and Waiver shall be effective and binding upon my spouse, children, parents, heirs, next of kin, executors, administrators, successors, assigns and representatives in the event of my death or incapacity. This clause survives indefinitely.

 6. Complaints and Dispute Resolution. If you have any questions, feedback or complaints, please contact the STRONGERwithKM team at the following email address: info@karenmichellle.com.  If a dispute or complaint arises in connection with or related to the Challenge, you agree to pursue resolution through negotiation and mediation with a mediator before pursuing legal litigation. You agree that aAny disputes arising directly or indirectly from this Release and Waiver will be submitted and heard exclusively in the courts of Toronto, Ontario. 

 7. Governing Law and Jurisdiction. This Release and Waiver is governed by and interpreted in accordance with the laws of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Release and Waiver will be submitted and heard exclusively in the courts of Toronto, Ontario. 

8. Severability and Limitation of Liability. If any of the provisions of this Release and Waiver are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable. If for any reason, Released Parties are found liable for damages arising directly or indirectly from the Activity, liability will be limited to the greatest extent possible in the governing jurisdiction and in no case exceed any fee I have paid to Company.

9. Electronic Signing. This Release and Waiver may be signed electronically and/or in counterparts that, when taken together constitutes a fully signed and legally binding Agreement.

I HAVE READ AND UNDERSTAND THIS RELEASE AND WAIVER. I AM AWARE AND AGREE THAT BY AGREEING TO THIS RELEASE AND WAIVER I AM ASSUMING CERTAIN RISKS AND WAIVING CERTAIN LEGAL RIGHTS WHICH I MAY HAVE AGAINST STRONGERwithKM and Karen Michelle.