ESSENTRICS^® LIVE VIRTUAL CLASS TERMS OF USE

ESSENTRICS^® LIVE VIRTUAL CLASSES PROMOTED ON THE ESSENTRICS.COM “FIND A CLASS” TOOL ARE NOT HOSTED BY ESSENTRICS.COM. ALL LIVE VIRTUAL CLASSES PROMOTED ON THE “FIND A CLASS” TOOL ARE HOSTED BY A THIRD PARTY APPLICATION OR PLATFORM.

PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS FOR PARTICIPATION IN ESSENTRICS LIVE VIRTUAL CLASSES. BY ACCESSING AND/OR USING THE WEBSITE AND/OR PARTICIPATING IN ANY OF THE ESSENTRICS LIVE VIRTUAL CLASSES, YOU ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING TERMS OF USE (THE “TERMS”) AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THESE TERMS AND AGREE THAT YOUR CONSENT IS FREELY GIVEN.

The following Terms are applicable to the ESSENTRICS^® Live Virtual Classes promoted on this website at www.essentrics.com on the Find a Class tool. Your use of this Website and of the Find a Class tool is subject to the Terms described below; please read these Terms carefully before participating in any Essentrics Live Virtual class.

By using or accessing any part of this Website (as a visitor (unregistered and browsing) or as a registered user) you are agreeing to be bound by these Terms. If you do not agree to ALL Terms, you are not permitted to use the website or to subscribe/use its services, please do not use the Website and leave this page immediately. We reserve the right to amend these Terms at any time. If you continue to use the Website after any changes in the Terms, you agree to and accept any and all alterations. You also agree that it is your responsibility to monitor the Website for the posting of modifications and to review them at your discretion. If any updates are required in your software or equipment, you are solely responsible for any expenses, the Website is not liable for any additional expenses you may incur.

Essentrics reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on the website and on this page immediately. Please check the latest information posted herein to inform yourself of any changes.

MEDICAL AND HEALTH DISCLAIMER. You agree that the following warning and disclaimer apply to all content, services and products available and promoted by this Website. Before beginning any exercise or fitness program, we strongly recommend that you consult your physician or other healthcare professional prior to starting this or any exercise program to determine if it fits your needs, especially if you are pregnant or have a pre-existing condition. Do not start this fitness program if your physician or health care provider advises against it.

This website is intended to offer fitness and health information strictly for educational purposes and any information on this website is used at your own risk. This information does not replace or act as a substitute for medical advice from a professional, treatment or diagnosis. Any questions or concerns you may have your health, should be addressed with a physician or other health-care professional. Nothing contained on this Website should be considered as medical advice or diagnosis. If you are experiencing any discomfort or pain as a result of the exercise routine you must stop the activity immediately and seek medical attention. Never delay or avoid seeking health or medical advice from a health-care professional as a result of something you might have read on this website.

You are responsible for evaluating your own physical and medical condition, and for determining independently whether to follow, use or perform any of the content or information on this website. You acknowledge and agree that any fitness program can result in injury; by undertaking any exercise displayed on this website or in the content distributed by this company voluntarily, you are assuming the risk of any resulting physical injury and/or death to you, anyone you share this program with, or your clients.

Changes in medical research could affect the fitness and health information appearing on this website. There is no claim or guarantee that the information portrayed on this website will include the most up-to-date developments or findings regarding the material.

CODE OF CONDUCT. Essentrics will not be held liable for the conduct of the Instructor in their Essentrics live virtual classes. Essentrics will, however, hold the Instructor to a certain standard and if complaints are filed about conduct or behavior, Essentrics will take appropriate action. Essentrics Instructors must teach their Essentrics live virtual classes in a manner that is in keeping with the Instructor Certification Terms and Conditions. Anything that is deemed misrepresentative, distasteful or harmful by Essentrics is cause for deactivation and/or deletion of the Instructor’s Class Profile Account and could result in the potential suspension or termination of the Instructor’s Essentrics Teaching License.

QUALITY CONTROL. Essentrics will not be held liable for the quality of the Instructor in their Essentrics live virtual classes. The Instructor shall be solely responsible for the audio-visual quality of their Essentrics live virtual classes. However, Essentrics requires the Instructor to provide acceptable audio-visual quality. If a complaint is made against the Instructor, Essentrics will take appropriate action, which could result in the deactivation and/or deletion of the Instructor’s Class Profile Account and the potential suspension or termination of the Instructor’s Essentrics Teaching License.

LIVE VIRTUAL CLASS SAFETY. The participant shall indemnify and hold harmless Essentrics from all liability and claims of any kind with respect to any safety issues, injuries or any other potential harm that may arise before, during, after or as a result of the Instructor’s Essentrics live virtual classes. The Instructor must be safe and comply with all local rules and regulations. If a complaint is filed against the Instructor, appropriate action will be taken, which could result in the potential suspension or termination of the Instructor’s Essentrics Teaching License.

MEDICAL & HEALTH DISCLAIMER. It is the participant’s responsibility to determine their own level of fitness and to determine if they are capable of participating in an exercise class. The participant acknowledges and agrees that any fitness program can result in injury; by undertaking any exercise voluntarily, the participant assumes the risk of any resulting physical injury and/or death. The participant shall indemnify and hold harmless Essentrics against any claim or liability whatsoever related to physical injury or death.

The participant shall indemnify and hold harmless Essentrics from all claims and liability arising from Essentrics live virtual classes. This includes but is not limited to any complaints about an individual Instructor’s classes. If Essentrics receives a complaint that it deems cause for action, Essentrics reserves the right to deactivate and/or delete the Instructor’s Class Profile Account, which could result in the potential suspension or termination of the Instructor’s Essentrics Teaching License.

PERMITTED USE. Essentrics and Essentrics.com hereby grant you a nonexclusive, non-transferable, limited, non-commercial revocable right to use the Website, solely for your own personal use. The content on the Essentrics.com is the property of Essentrics. Site Content may not be downloaded, copied, stored, modified, translated, broadcast, transmitted, distributed, performed, published, displayed or made available beyond the confines of the Website and Terms for any purpose whatsoever. These limitations are considered under the terms of Fair Use according to copyright law. Unauthorized or inappropriate linking to the Website is prohibited.

You must not film, record, live stream, create DVDs or reproduce Essentrics workouts or classes in any manner. Essentrics videos, DVDs, Instructor materials and Pre-Choreographed Workouts (PCWs) are fully protected under U.S. copyright laws, and any unauthorized duplication, exhibition, distribution or use without prior approval from Essentrics is prohibited.

Hosting private or group Essentrics® classes via Skype, Facetime, Live Video or any other communication/media platform, is not allowed due to Federal copyright laws. Strictly individuals who are registered to the Essentrics Certification program (“Licensees”) have the license and right to teach live classes, and to use the Essentrics® Workout name.

All Essentrics® Pre-choreographed Workouts are protected by Copyright, and only Essentrics has the right to distribute the workouts digitally. Essentrics also retains the right to host digital non-live recordings (pre-recorded) of Essentrics® workouts online.

TERMS AND TERMINATION. These Terms are in full effect as long as they are posted on Essentrics.com. The Terms may be modified but you agree to acknowledge that they remain in full force.

DISCLAIMER OF WARRANTIES. This website is offered “as is”, and neither Essentrics nor its directors, officers, partners, agents, employees, suppliers or affiliates make representations of warranties of any kind.

INDEMNIFICATION AND RELEASE. You agree to indemnify, defend and hold Essentrics, its affiliates, subsidiaries, officers, directors, employees, consultants, subcontractors, representatives and agents harmless from and against any and all damages, claims, obligations, liabilities, losses, costs or debt and expenses (including but not limited to attorney’s fees and cost) arising from the following: (i) your use of and access to the Website; (ii) your breach of any term of these Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of content cause damage to a third party. The terms of this indemnification and release obligation will survive the termination or expiration of this Terms of Use and your use of the Website.

COPYRIGHT AND TRADEMARKS. The trademarks, logos and displayed Content on the Website are proprietary, use of which is licensed exclusively to Essentrics. Essentrics is the authorized licensee of all text and all graphics contained on the Website. You may not use any of the Content on the Website without explicit permission from Essentrics.

FORCE MAJEURE. Notwithstanding any other Terms, Essentrics shall not be liable for failure to perform hereunder if such failure is caused by an occurrence beyond our reasonable control, including but not limited to: fire, flood, strike, power outage or other industrial disturbance, failure of transport, denial of service attack, accident, war, riot, insurrection, acts of God or acts of civil or military authority.

LOCAL LAW. These Terms are construed under the ways of the province of Quebec, Canada. Any legal action will be filed in the province of Quebec, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any action at low or in equity arising out of or relating to your use of the Website or these Terms.

CONSENT TO THESE TERMS. By accessing and using the Website as a visitor or as a registered member you are consenting to and acknowledging these Terms. If you have any questions or comments please send them to [email protected].

Or:
ESSENTRICS
Attn: Customer Service
426 Ste-Helene, Suite 300
Montreal, QC. Canada.
H2Y 2K7
514-989-0236

Copyright 2020 The Esmonde Technique. All Rights Reserved.