ONLINE MEMBERSHIP AGREEMENT
Congratulations on your decision to participate in the From Sitting to Sexy Super Mom exercise program!
From Sitting to Sexy, a program created by Holistic Happy, will help you greatly improve your ability to accomplish your training goals faster, safer, and with maximum benefits. The details of these training sessions can be used for a lifetime. In order to maximize progress, it will be necessary for you to follow the program guidelines outlined for you in all workout videos and PDFs. Please agree to all terms and conditions below.
The Physical Activity Readiness Questionnaire - PAR-Q
If you would answer yes to any of the questions below, you must consult with your doctor before you take part in any physical activity
1) Has your doctor ever said that you have a heart condition and that you should only do physical activity that is recommended by a doctor?
2) Do you frequently have pains in your chest when you do physical activity?
3) In the past month, have you had chest pain when you were not doing physical activity?
4) Do you lose your balance due to dizziness or do you ever lose consciousness?
5) Do you have a bone, joint or other problem (I.E diabetes, epilepsy, respiratory ailments, etc.) that might be made worse by physical activity?
6) Are you pregnant now or have given birth within the last 6 months?
7) Have you had recent surgery?
If you would answer YES to any of the above, you must have a doctor’s consent before partaking in physical activity
If you have any questions, or are unclear on any part of this legal document, please email [email protected] with any questions or concerns and to get clarification before signing.
Accuracy of Information
I certify that the medical information provided in the PAR-Q is correct to my knowledge and that if I am unsure about any of the questions on the PARQ above that I consult my doctor/physician before taking part in any physical activity.
ONLINE MEMBERSHIP AGREEMENT
I am so excited to have you join as a member of our community! I am here to help you achieve your fitness goals, optimize posture, build strength and empower you to feel good in your body everyday.
Why you’re Reading This Document
I only communicate one way – openly and honestly. This membership agreement (“Agreement”) outlines what we can expect from each other in working together. If there is anything you are uncomfortable with, please let me know immediately, so we can make sure we are on the same page moving forward.
In exchange for agreeing to work together with Holistic Happy you agree to be bound by the following conditions:
- Parties. This Agreement is made between Holistic Happy, a Sole Proprietorship operating out of the Province of British Columbia (“Holistic Happy”, “I”, and “me”), and you, the undersigned or person who has clicked “I Agree” to this Agreement (“you” and “your”).
- Membership. As part of your From Sitting to Sexy Monthly Membership with Holistic Happy, you will gain access to the following (“Membership”):
- 12 month workout program - 16 Full Body Workouts w/ video tutorials per month + Monthly Workout Calendar, so you know exactly what to do each and every day!
- x12 Recovery Routines to make sure your body is able to recharge and recalibrate as you elevate.
- Access to Private VIP Support + Accountability Group to give each other support and facilitate growth through sharing goals and progress :)
- Monthly + Weekly Self-Assessment Tools to keep you on track and allow you to see concrete results
- Guide to Nutrition Basics to make sure you're eating habits support your new healthy lifestyle
- Discounted Rates + Special Offers as they arise periodically
- x6 Guided Meditations (VIP Membership only) to help you reduce stress, tension, and anxiety
- 5 Step Goal Setting Video Series (VIP Membership only)
- x18 Bonus Health + Wellness Video Trainings (VIP Membership only)
- Payment. Payment is due upon completed purchase of your Membership. You agree to pay the price, including the possibility of payments in installments or recurring subscriptions (“Incremental Payments”), of the Membership as advertised through our media and website.
- Basic Monthly Membership - x12 payments of $97 USD monthly (recurring every month until the member cancels)
- Basic Yearly Membership - x1 payment of $997 USD (automatically renewing at 1 year)
- VIP Monthly Membership - x12 payments of $147 USD monthly (recurring every month until the member cancels)
- VIP Yearly Membership - x1 payment of $1497 USD (automatically renewing at 1 year)
- Recurring Subscriptions. If your method of payment includes incremental payments, you authorize Holistic Happy or any third party platform it chooses to work with, to maintain your account information and charge that account automatically upon the renewal of the Membership with no further action required by you. Your membership will automatically renew indefinitely either yearly or monthly until you manually cancel it.
- Holistic Happy will charge your method of payment as outlined in Schedule “A” for Incremental Payment.
- Term. This Agreement will be binding upon purchase of your Membership.
- Termination. Please note that if you violate any of the expectations outlined in Schedule “A” Rules + Guidelines, Holistic Happy may terminate this Agreement effective immediately and you will not be entitled to any refunds or any continued working relationship with Holistic Happy.
- Refunds / Cancellation. Our refund policy is as follows: All sales are final and there will be no refunds for your Membership or related fees. To cancel your membership before the next renewal date you must email myself [email protected] at least 3 days prior to your membership renewal and I will cancel your membership. Once cancelled you will lose all access to the membership portal, its contents, and will be removed from the private support and accountability group.
- Payment Failure. In the event that your payment fails or you break our agreed upon payment plan, you will lose your Membership access. In addition, you will be charged 25% of the total course price for every month that you either pause or discontinue your payment plan. In the event of three failed payments, you understand that Holistic Happy may contract a collection agency to collect the money from you.
- Individual Login Access. Any passwords and user IDs used to access the Membership as part of this Agreement are for your individual use only. You are responsible for the security of your password and user ID and for all activities that occur under your user ID and password. You agree to notify us or the third party operator immediately of any unauthorized use of your password or account or any other breach of security. Holistic Happy will be entitled to monitor passwords and user IDs and, at its discretion, require you to change passwords. You further agree that Holistic Happy will not be responsible for the unauthorized use of your profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. Holistic Happy cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions. Should you violate this provision or any other provision in this Agreement, Holistic Happy reserves the right to immediately revoke your access to the Membership and block your access of the website or online program, without providing any refund.
- Video Consent and Release: I hereby grant permission to Holistic Happy the rights of my image, in video or still, and of the likeness and sound of my voice as recorded on audio or video tape with payment of without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area. By signing this release, I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public educational setting.
There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.This release applies to photographic, audio or video recordings collected as part of the sessions listed on this document only. By signing this release, I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material for educational purposes.
- Membership Community. Holistic Happy reserves the right to modify the platform or group forum being used for its membership community.
- Community Conduct. All community members are solely responsible for the videos, images, information, or other data uploaded, published, or otherwise used as part of the Membership. Holistic Happy reserves the right to remove any kind of offensive or inappropriate content included in the course of Membership and to suspend or terminate your Membership access in such an event.
- Member Interactions. You are responsible for your own actions and interactions with other community members. Holistic Happy will have no liability or responsibility in this regard, however we reserve the right to become involved in any way with disputes between you and any other members.
- No Guarantees. While I am here to provide support and help you reach your personal fitness goals, it is up to you what you get out of the Membership. As such, no guarantees can be made about the results of your Membership.
- Ownership of Intellectual Property. All materials provided in connection with this Agreement, including without limitation, written or printed documents, photographs, audio and video recordings and software programs, and all copies and derivative works relating thereto (the “Membership Materials”), are and will remain the sole and exclusive property of Holistic Happy. You have a limited, non-exclusive right to use the Membership Materials for your own education and guidance. An example of something you are not allowed to do with the Membership Materials would be to create a copy or reproduce the Membership Materials and give it to a friend or sell it to someone. Another example would be to use the Membership Materials to create your own online personal training program, or to provide them to someone else who intends to do so.
- Loss of Access. Holistic Happy retains the right to revoke your Membership access and any Membership Materials in the event that you do not make your payments, steal any of our intellectual property, or engage in appropriate/offensive conduct. Access suspension due to non-payment will be restored once you pay your full amount owing.
- Third Parties. You are prohibited from sharing any information that you receive through the Membership with any third parties, without our consent. In the event that you do share any information regarding the Membership, Holistic Happy will exercise our full legal rights to remedy the situation.
- Limitation of Liability. Holistic Happy makes no representations or warranties of any kind, express or implied, with respect to Membership or Membership Materials, including without limitation, any warranty, fitness for a particular purpose, title or non-infringement of third-party rights, and Holistic Happy hereby expressly disclaims the same.
- In no event will Holistic Happy be liable for special, incidental, indirect or consequential damages (including without limitation, lost profits or revenues), or other liability arising out of or in connection with this Agreement, regardless of the form of action, whether or not Holistic Happy has been advised, or otherwise might have anticipated the possibility of such damages.
- General Indemnity. You hereby fully indemnify Holistic Happy and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Indemnified Parties”) and save harmless the Indemnified Parties from any losses, claims, damages, actions, causes of action, costs and expenses that an Indemnified Party may sustain, incur or suffer at any time, which are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission by you in your use of the Membership, provided that where Holistic Happy has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.
- Waiver / PAR-Q. Before you begin your Membership, you must sign our Waiver Agreement and Physical Activity Readiness Questionnaire (PAR-Q). Please read and make sure you understand them. You need to sign the Waiver as well as this Agreement so that we can be absolutely sure you understand and agree to it.
- Standard Legal Things. Jurisdiction. This Agreement will be governed exclusively by the laws of the Province of British Columbia. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by me of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”.
Thank you for taking the time to read this. Now let’s do this!
SCHEDULE “A” RULES + GUIDELINES
The following are the respectful expectations for interacting and conduct in our shared space that we hold exclusively for our community members.
- Be positive, supportive and encouraging of yourself and others.
- Use the group in your process towards gaining insight into your own growth and expanding your limits.
- Remember that we are not here to fix other people, we are here to uplift and support each other.
Guidelines for behaviour that violates this Agreement:
- No selling or sales pitches promoting your own programs
- Nothing self-promotional or invitations asking other members to join groups, retreats, or free/paid programs
- No negative self-talk, judging others or making negative comments to other community members
- No rants or complaint posts
- No off-topic questions that distract the group from focusing on the content
- No hate speech or bullying: Bullying of any kind isn't allowed, and degrading comments about things such as race, religion, culture, sexual orientation, gender or identity will not be tolerated. You'll be removed from the group and subject to termination as provided in section 6.
- Respect everyone's privacy: Being part of this group requires mutual trust. Authentic, expressive discussions make groups great, but may also be sensitive and private. What's shared in the group must stay in the group <3