SWW A/B Workout Program for Peloton Terms and Conditions
CLIENT SERVICES AGREEMENT (the “Agreement”)
Service Purchased: SWW® A/B Workout Program (“Program”)
Terms of Use
Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using any program(s) or download(s) by Sarah Wragge Wellness (hereinafter referred to as the “Program”). The Program and its content are owned by Sarah Wragge Wellness.
1. DEFINITIONS:
“Company”, “We”, “I”, “Our”, or “Us” means Sarah Wragge Wellness. “Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program. “You” “User” or “Your” means the purchaser and person using the Program.
2. CONSENT:
By participating in the Program, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.
3. FEES:
The fees for the Program are set forth in the fee schedule provided by the Company to you and are due on or before the date that you enroll in the Program (“Effective Date”). Failure to pay any such fees when and as due shall result in a material breach of this Agreement and shall entitle the Company to immediately terminate this Agreement. Termination of this Agreement under this Section shall not relieve you of your obligation to pay the fees for the Program, in full.
4. DISCLAIMERS:
By participating in the Program, you understand that Sarah Wragge is a holistic nutrition and wellness coach. She is not a personal trainer, medical doctor, psychologist/psychiatrist, registered dietitian, or other licensed medical professional. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional first before trying them.
This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.
Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for the accuracy of the Program’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.
As part of the Program, you will need access to Peloton products and services (collectively, “Peloton”). You acknowledge and agree that Peloton is not affiliated with the Company in any way or manner. The Company is not responsible for any action, inaction, representation, or plan that you obtain through Peloton. Your relationship with Peloton is governed by the terms and conditions to which you agree with Peloton. You hereby release and covenant not to sue the Company and/or any of its below-defined Affiliates for any action, inaction, representation, or plan that you obtain through Peloton.
You acknowledge and agree that, should the Company and/or any of its agents, employees, representatives, successors, and assigns (“Affiliates”), recommend any medical professionals or services to You, Your engagement with such professionals or services is entirely at Your own discretion and risk. You shall be solely responsible for all costs, payments, and liabilities incurred as a result of such engagements. The Company and the Affiliates shall not be liable for the advice, actions, or inactions of any medical professional or service provider recommended by the Company and/or its Affiliates. You hereby release and hold harmless the Company and the Affiliates from any claims, damages, losses, or liabilities arising from or related to the medical advice or services provided by any referred medical professional or service provider.
5. ASSUMPTION OF THE RISK:
YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. If you have any injuries, underlying medication conditions, illnesses, or limitations, please have them cleared by your physician before attempting to participate in the Program.
By participating in the Program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in the Program.
6. INTELLECTUAL PROPERTY OWNERSHIP:
The Program and its content, including, but not limited to, recorded Q&A sessions, video content, blog posts, articles, plans, schedules, lists, etc. are intellectual property owned Sarah Wragge Wellness. The Program is intended for your personal use to work towards your personal wellness goals. You covenant and agree that you will not: (a) decompile, disassemble, or otherwise use or attempt to use the Program or any of its component parts, except for the purpose authorized by this Agreement; (b) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on any products or materials associated with the Program; (c) prepare or create, or have prepared or created, any work that is based in whole or in part upon the Program or its components; or (d) sell or otherwise use the Program or its component parts for personal gain, other than as expressly authorized by this Agreement. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
7. CONFIDENTIALITY OF PROGRAM INFORMATION AND PASSWORD:
You acknowledge that all information concerning the Program is provided to you on a confidential basis and you agree to treat such information as confidential and proprietary using the same degree of care that you use to protect your own personal or confidential information. Such information is provided for your use only and may not be disclosed by you to anyone else. You agree that you cannot distribute, copy, forward, and/or share information from the Program, it's content, or summaries of its content with anyone else.
Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law. You may not share your password or login information with anyone. If you disclose Program information or share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.
8. NO CLAIMS MADE REGARDING RESULTS:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
9. DISCLAIMER - NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS ARE BEING MADE:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.
10. YOUR INDEMNIFICATION AND HOLD HARMLESS OF US:
You agree to indemnify, defend, and hold harmless Sarah Wragge Wellness from and against any and all claims, demands, losses, harms, lawsuits, judgments, and damages, including attorneys’ fees, incurred in connection with or related to your use or participation in the Program and/or your breach of this Agreement, including claims, demands, losses, harms, lawsuits, judgments, and damages arising out of or incurred in connection with the negligence of the Company of its Affiliates.
11. OUR REFUND POLICY:
Services and other products available by and through the Site are non-refundable. If, at any time the Company feels it is not advantageous for the Program to continue, the Company reserves the right to cancel the Program. No refunds will be issued, except to the extent that the Company cancels the Program, in which case you will receive a pro-rated refund commensurate with the time that the Program was in effect.
12. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing hello@sarahwragge.com.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Sarah Wragge Wellness shall submit your dispute to binding arbitration with JAMS or the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules. Notwithstanding this provision, Sarah Wragge Wellness shall not be bound to submit a dispute to arbitration arising out of or in connection with your breach of Sections 6 or 7 of this Agreement.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 30 miles of Wyckoff, New Jersey.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of New Jersey. The only award that can be issued to you is a refund of any payment made to Sarah Wragge Wellness for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.
In the event that Sarah Wragge Wellness prevails in any arbitration or litigation proceeding brought under this Agreement, Sarah Wragge Wellness shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with such dispute.
13. RELEASE AND LIMITATION OF LIABILITY:
Notwithstanding anything to the contrary contained herein, the your sole and exclusive remedy for negligence, failure to perform, or breach by the Company hereunder shall be a refund of the amounts paid to the Company under this Agreement. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
14. PAYMENT + PURCHASE TERMS:
When you pay for the Program by credit card, you authorize and give permission to Sarah Wragge Wellness to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant [Stripe, Squarespace, Samcart, or Paypal], who may have privacy policies or security practices that are different than ours.
Sarah Wragge Wellness is not responsible for the merchant’s independent policies or practices. In the event that payment is not successfully made by the due date, you have a three (3) day grace period to make your payment of the Program. If such payment is not received, your access to and participation in the Program will not continue. If you fail to make payment within the grace period or at any other time, you are still responsible for all payments for the full cost of the Program.
If you choose the monthly installment payment plan for the Program, you hereby authorize and give permission to Sarah Wragge Wellness to automatically charge your credit or debit card as payment for the Program, for which you will receive an electronic receipt, at the time in which payment is due without any additional authorization from you.
In the event that payment is not successfully made by the due date, you have a three (3) day grace period to make your payment of the Program. If such payment is not received, your access to and participation in the Program will not continue. If you fail to make payment within the grace period or at any other time, you are still responsible for all payments for the full cost of the Program.
15. NON DISPARAGEMENT:
You covenant and agree that you will not make any negative, disparaging, or otherwise inflammatory public comments about the Program or the Company or its Affiliates at any time.
16. SEVERABILITY
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
BY PURCHASING AND/OR PARTICIPATING IN THE PROGRAM, YOU IMPLICITLY SIGNIFY YOUR AGREEMENT TO ALL OF THE TERMS IN THESE TERMS OF USE.
If you have any questions about the Terms of Use, please contact hello@sarahwragge.com. Thank you.