Terms & Conditions
RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
1. ACTIVITY AND ASSOCIATED RISKS
I, the undersigned, have elected to participate in a SoulSeed by Beca Membership, Advisory and/or Program ("the Program"), which is provided by Rebeca M Souto (RMS), and understand and acknowledge that:
The Program may be a physical activity and I may be exposed to inherent dangers and risks (which cannot be eliminated regardless of the care taken to avoid injury) which include, but are not limited to, overexertion, minor injuries such as scrapes, bruises, sprains and strains, more serious injuries such as joint, muscle and bone injuries, concussions and other head injuries, and catastrophic injuries and conditions such as heart attacks and other injuries or conditions that could be fatal;
That I am in good health and physically fit enough to participate in a training program involving the use of weights, dumbbells, barbells and other strength training equipment;
The program, any component of the program or any correspondence with RMS is not medical advice nor is it intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or your fitness to participate in physical activity.
In consideration of permission to participate in the Program, I agree to the terms below:
2. ASSUMPTION OF RISKS
I hereby freely assume the above risks, as well as other risks not listed that are part of the Program, and any damage, injury or loss that may occur to me as a result of my participation in the Program. I also understand that any equipment used is used at my own risk.
3. RELEASE OF LIABILITY
I hereby release RMS, its employees, agents, officers and contractors FROM ALL LIABILITY, CAUSES OF ACTION, CLAIMS AND DEMANDS arising in any way from any injury, death, loss or damage occurring to me during the Program or in any way related to the Program. This release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liability which European Union law does not permit to be excluded by agreement. I also agree NOT to SUIT or bring a claim against the Released Parties for death, injury, loss or damage occurring during the Program or in any way related to the Program.
We do not warrant, represent or guarantee that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that, from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice.
You expressly agree that your use of or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are provided (unless expressly stated by us) 'as is' and 'as available' for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall SoulSeed by Beca, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers or service providers be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, punitive, special. or consequential damages of any kind, including, without limitation, lost profits, lost profits, lost savings, lost data, replacement costs or any similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the services or products purchased using the service, or for any other claim related in any way to your use of the service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted or made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE
I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for my own negligence. I also agree to INDEMNIFY, RESPECT AND DEFEND the Released Parties against all claims for my own negligence and any other claims arising out of my conduct during the Program. In accordance with these promises, I will reimburse the Released Parties for damages, reasonable settlements and defense costs, including attorney's fees, incurred by them due to such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, shall be binding on my estate, and my personal representative, executor, administrator or guardian shall be bound by and enforce them.
5. AGREEMENT TO FOLLOW INSTRUCTIONS
I agree to follow the instructions provided by RMS in connection with the performance and execution of the Program. I further agree that the Program provided is for my personal use and will not be shared with anyone.
6. USE OF MY IMAGE
I understand that during the Program I may be asked to submit photos or videos of myself performing the prescribed exercises. To the fullest extent permitted by law, I waive any rights of publicity or privacy or prior approval I may have for any image of me or use of my name in connection with such image, and I grant RMS and its assigns permission to copyright, use and publish (including by electronic means) such image of me, either in whole or in part, in any form, without restriction and for any purpose. In the event that I DO NOT WANT RMS to use my image for any purpose, I will opt out by sending a clear written notice at the beginning of the Program to the following email address: hello@soulseed.me.
7. DISCLOSURE
I agree that the purpose of this agreement is to be enforceable.
RELEASE OF LIABILITY AND INDEMNIFICATION as broad and inclusive as permitted by European Union law. I agree that if any part or provision of this agreement is determined to be invalid or unenforceable, the remainder shall continue in full force and effect. I also agree that any invalid provision shall be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this agreement.
8. GOVERNING LAW, FORUM AND ATTORNEYS' FEES
This agreement is governed by and shall be construed in accordance with the laws of Spain and/or the European Union, without any reference to choice of law rules. I agree that any dispute arising out of this Agreement or otherwise associated with the Program shall be brought only in Spain and I agree to the jurisdiction and venues of those courts for such dispute. In any litigation in which the validity or enforceability of this Agreement is challenged, I agree that the non-prevailing party shall pay all attorneys' fees and costs of the parties seeking to uphold the agreement.
9. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services or when you stop using our site.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due. up to and including the date of termination; and/or, accordingly, may deny you access to our Services (or any part thereof).
To cancel your recurring membership, send an email to hello@soulseed.me notifying us why you wish to do so. To have your next subscription date cancelled, you must send this notice at least three (3) days prior to your billing date.
You will continue to have access to the Facebook program, resources and community until the next billing date. After that date, you will no longer have access to the members-only sections of our community. If you do not cancel your subscription three (3) days prior to the next billing date, you will be charged for the following period. The purchase of any membership, the registration of any subscription or any other access or download of the program acknowledges understanding and acceptance of these payment and cancellation terms, and waives any right to a refund of payments made.
10. CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
I have fully informed myself of the contents of this agreement. I have not been induced to agree to this release.
By downloading or accessing online any SoulSeed by Beca membership, coaching and/or program, I agree to the above terms.