TERMS OF PURCHASE
Keep Moving with Sherri Plaza
KEEP MOVING WITH SHERRI Group/Personal Classes and Recorded Videos
By clicking “Sign Up,” “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, sending in payment, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, classes, or services by Sherri Plaza (“Instructor”), acting on behalf of Keep Moving with Sherri Plaza (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
1. TERMS.
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Instructor agrees to provide services in accordance with the KEEP MOVING WITH SHERRI classes (“Classes”).
(b) The scope of services rendered by the Instructor pursuant to this contract shall be solely limited to those contained therein and/or provided for on Instructor’s Website KEEPMOVINGWITHSHERRI.COM as part of the Classes.
(c) Instructor reserves the right to substitute services equal to or comparable to the Class for Client if reasonably required by the prevailing circumstances.
(d) The content included in the Classes is for your individual, non-commercial use. Client agrees not to share login details and/or Class materials with any third parties.
(e) Clients may enroll in any or all of the following Classes:
1. KEEP IT MOVING group class over Zoom or in-person. Content includes range of motion movement, balance work, strengthening exercises, standing and seated cardio, stretching. Clients may be asked to supply their own hand weights, yoga block, exercise tube, or other equipment.
2. FITNESS FUN group class over Zoom or in-person. Content may include standing cardio movement, balance exercise, and strength training. Clients may be asked to supply their own hand weights, exercise tube, or other fitness equipment.
3. YOGA group class over Zoom or in-person. Content may include breathwork, physical yoga poses on chair/floor/standing, meditation. Clients may be asked to supply their own yoga mat, yoga clocks, cushions, blankets, or other yoga equipment.
4. PERSONAL class over Zoom or in-person. Content may include yoga, standing/seated movement, strength and balance training. Clients may be asked to supply their own yoga mat, hand weights, exercise tube, exercise band, or other fitness equipment.
5. ON DEMAND recorded videos. Pre-recorded videos of classes available to view for registered clients. Content may include yoga, cardio, strength and balance training. Clients may be asked to supply their own yoga mat, hand weights, exercise tube, exercise band, or other fitness equipment.
2. PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, Client agrees to pay to the Instructor the full purchase amount for the enrolled Classes.
(b) No refunds offered. Credits will be issued under the following circumstances: For single class and class packages, a credit will be issued for future classes if cancellation is made prior to class start time. For monthly rates, a credit may be offered at the discretion of Instructor for client extended illness.
3. DISCLAIMERS. By participating in Classes, Client acknowledges that the Instructor is not a medical doctor, and her services do not replace the care of other professionals.
The Instructor may provide the Client with information relating to products that the Instructor believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Instructor is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or Instructions provided. Use of Classes is at Client’s own risk. Any use of videos requiring physical activity are done at Client’s discretion and Instructor will not be held liable for any injury that could result from utilizing videos.
The Instructor may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. Client agrees that these are only recommendations and the Instructor will not be held liable for the services provided by any third-party to the Client. The Instructor is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials or examples shown through Instructor’s website, classes, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Instructor’s classes and/or services. Client acknowledges that Instructor has not and does not make any representations as to the future result that may be derived as a consequence of use of Instructor’s website, classes, products or services.
4. WAIVER OF LIABILITY. You are participating in online and/or in person group/individual/video classes during which You will receive information and instruction about physical activity, yoga, or similar and You acknowledge that activity may require physical exertion, which may be strenuous and may cause physical injury, and Client is fully aware of the risks and hazards involved. You acknowledge that it is Your responsibility to consult with a physician prior to and regarding participation in any physical fitness program. You represent and warrant that You have no medical condition that would prevent Your participation in physical fitness activities. Client agrees to assume full responsibility for any risks, injuries or damages, known and unknown, which You might incur as a result of participating in online and/or in person group/individual/video classes. Client knowingly, voluntarily, and expressly waives any claims You may have against the Company, or the instructor, for injuries or damages that You may sustain as a result of participating in classes.
5. INTELLECTUAL PROPERTY RIGHTS. In respect of the instructions and training specifically created for the Client as part of the Classes, the Instructor maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Instructor. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Instructor to the Client, nor grant any right or license other than those stated in this Agreement. The Instructor reserves the right to immediately remove Client from Classes, without refund, if you are caught violating this intellectual property policy.
6. RECORDING AND REDISTRIBUTION OF CLASSES. Client acknowledges that group classes may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Instructor.
7. RELEASE. Company may take photographs, videos, or audio recording during Classes that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in Classes, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.
Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in Classes. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer's participation in Classes.
Client waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.
8. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Instructor or any of its classes, affiliates, subsidiaries, employees, agents or representatives.
9. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
10. DISCLAIMER OF WARRANTIES. The information, education, and instructions provided to the Client by the Instructor under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
11. LIMITATION OF LIABILITY. By using KEEP MOVING WITH SHERRI PLAZA services and purchasing the Classes, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Instructor will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Classes. Client agrees that use of the Classes is at user’s own risk.
12. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in SACRAMENTO, CA or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of CALIFORNIA within UNITED STATES OF AMERICA, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.
14. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.