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This Agreement applies between you, the Registrant
of an Educational Program purchased through this Website, and Tune Up
Fitness Worldwide, Inc., the owner(s) of this Website and presenter of each Educational
Program. Your agreement to comply with and be bound by all Terms and Conditions
presented herein is deemed upon registration on this website and the purchase
of any Educational Program. If you do not agree to be bound by these Terms and
Conditions, you should refrain from purchasing any Educational Program herein.
No part of this Website
is intended to constitute a contractual offer capable of acceptance. Your order
of an Educational Program constitutes a contractual offer and our acceptance of
that offer is deemed to occur upon our sending a confirmation email to you
indicating that your order for the Educational Program has been accepted.
I. INTELLECTUAL PROPERTY
Tune Up Fitness Worldwide, Inc. educational programs, which includes, but is not limited to the Yoga Tune Up® Certification, The Roll Model® Method Trainings, and The Breath & Bliss Immersion, are a system made up of methods and techniques designed to improve the body's postural alignment, joint range, muscle responsiveness, strength, flexibility, and overall musculoskeletal health, as well as provide meditation and relaxation strategies for stress reduction. As a practice they are comprised of a set of unique and proprietary foundational and structural poses, techniques, methods, patterns, sequences and routines that create a change of postural orientation and include unconventional prop usage and tools for downregulation. It is the unique combination of these practices that highlight physiological and biomechanical asymmetries in practitioners, thus assisting in finding individualistic “body blind spots” and ultimately, rebalancing them. Instruction using these Tune Up Fitness methods and technique is what helps to heal, strengthen, and maintain overworked, underused and aging joint and muscle fibers while creating stress reducing factors that build whole body harmony.
Tune Up Fitness®, Yoga Tune Up® and The Roll Model® Method are comprised of a proprietary set of trademarks, logos, and designs. These, along with its copyrighted materials such as manuals, handouts, media and other intellectual property is and shall remain in full ownership of Tune Up Fitness Worldwide, Inc.
All Content included on and within the website and within the Educational Programs, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Tune Up Fitness Worldwide, Inc., our affiliates or other relevant third parties. By using this website and registering for an Educational Program you acknowledge that such material is protected by applicable U.S. and International intellectual property laws.
It is the intention to maintain the highest level of integrity, skill, and knowledge associated with the Tune Up Fitness® brand, as well as its classes, workshops and retreats, and thus, by taking this training, you agree to the following:
a. That taking this training does not automatically certify you to teach the Yoga Tune Up® or Roll Model® Method fitness formats or become a licensed and certified Yoga Tune Up® instructor or Roll Model® Method Practitioner.
b. That you will not utilize the Yoga Tune Up® or Roll Model® Logos or words as a class descriptor, or say or imply that you are a “Certified or Licensed Yoga Tune Up® or Roll Model® Method teacher,” or similar designation, in any biographical material unless you have been fully certified and licensed to do so.
c. That you will not photocopy, publish, reprint, share or broadcast any materials from the Educational Program, in part or in whole, without the expressed written consent of its copyright holder, Tune Up Fitness Worldwide, Inc.
d. That you will not use any Tune Up Fitness® Program poses, techniques, patterns, sequences, methods and routines in any form of media without the expressed written consent of Tune Up Fitness Worldwide, Inc. and when doing so, will reference Yoga Tune Up® or The Roll Model® Method.
e. You are not developing programming or products for myofascial self-care using spherical balls as a tool for myofascial release or work for a company that markets and sells such products.
II. LIABILITY WAIVER
I am aware that participation in the practice of yoga, Yoga Tune Up® and use of The Roll Model® Method Therapy Balls (“Therapy Balls”) involves risks of accidents and injuries and possible hazardous activities. I am knowingly and voluntarily participating in this Educational Program which may include without limitation, the practice of yoga, Yoga Tune Up®, The Roll Model® Method and use of Therapy Balls with knowledge of the risks of accidents and injuries and the hazards inherent in such activities and I freely accept such risks. I represent that I am in good physical and mental health and that I do not suffer from any physical or mental impairment, disease, ailment, injury or other condition, which limits my ability to participate in the practice of yoga, Yoga Tune Up®, Therapy Ball Rolling or this Training. I acknowledge that the presenter of this Educational Program is not a doctor is not providing medical advice. If at any time I do not feel well or am concerned about my health I will stop my participation in the Educational Program.
I agree, in my name and in the name of my heirs, liquidators, administrators and any other person who could make a claim for or in my name, hereby knowingly and voluntarily waive any and all liabilities, claims, demands and causes of action of any kind whatsoever against Tune Up Fitness Worldwide, Inc., its officers, directors, employees, shareholders, managers, distributors, Presenters, and affiliates and any other representative, for, or on account of, death, personal injury, property damage and any other loss of any kind resulting from or related to my participation in this Educational Program and the practice of yoga, Yoga Tune Up® and / or the Roll Model® Method Therapy Ball work under the guidance of the Presenter or any instructor within the Educational Program.
I further agree to indemnify and hold harmless Tune Up Fitness Worldwide Inc., as well as its officers, directors, shareholders, managers, employees, distributors, presenters, and any other representative, from any and all liabilities, claims, demands, causes of action, attorney’s fees and costs of defense for, or on account of, death, personal injury, property damage and any other loss of any kind resulting from or related to my participation in this Educational Program, the practice of Yoga Tune Up® and the Roll Model® Method Therapy Ball work, and my use of this work with third parties.
III. IMAGE RELEASE
I HEREBY ASSIGN AND AUTHORIZE Tune Up Fitness Worldwide, Inc., without limitation, the right to take, save, reproduce, copy, exhibit, publish or distribute any such photographs and video that may be taken or captured during this Educational Program (including without limitation publishing them on its brochures, websites and on social media), to show or submit all or any part of these photographs, images or video to any third person, and expressly waive all rights in such photographs, images or videos and waive all claims I may have against Tune Up Fitness Worldwide, Inc. for use of said photographs, images and video.
In the event that any term or part of this document should be declared invalid or unenforceable, the rest of this document shall remain valid and enforceable.
IV. WEBSITE USE & DATA
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If we are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Availability of the Website
The Website is provided “as is” and on an “as available”
basis. Tune Up Fitness Worldwide, Inc. uses industry best practices
to provide a high uptime, including a fault-tolerant architecture hosted in
cloud servers. We give no warranty that the Website or Facilities will be free
of defects and / or faults and we do not provide any kind of refund for
outages. We provide no warranties (express or implied) of fitness for a
particular purpose, accuracy of information, compatibility, and satisfactory
We accept no liability for any disruption or non-availability of
the Website resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and
censorship. Whilst We use reasonable endeavors to ensure that the Website is
secure and free of errors, viruses and other malware, you are strongly advised
to take responsibility for your own internet security, that of your personal
details and your computers.
We may use your personal information to: