Terms and Conditions
Your rolling membership includes:
- A library of pre-recorded movement classes, relaxation sessions and other courses and classes for Extra and Elite membership only
- Participation in Live classes that are hosted 5 days per week for no less than 42 weeks of the year.
- Optional challenges to participate in to keep you motivated
- Client understands that the programme runs as a monthly subscription.
- Payment is in UK pounds subject to currency conversion rates per month (paid in GBP)
- If a payment fails, you have 3 days to make the payment before your account is paused – you can resume at anytime by making your payment.
Method of Payment
- Client is required to pay through Namastream gateway.
- Client is responsible for full payment of fees for the entire month of Programme (and any additional Programmes Client purchases), regardless of whether Client completes the Programme.
- No refunds will be issued for this programme.
- You can cancel your membership before your next monthly payment is taken out through Namastream by cancelling your membership.
- Our Programs, Products, Services, and Program Materials are for informational and educational purposes only.
- To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our:
- Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
- You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.
- Our Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice.
- The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counsellor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional.
- Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from us.
- Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
- Client understands that a teaching relationship does not exist between the parties after the conclusion of the Programme. If the Parties continue their relationship, a separate agreement will be entered into.
- Logging onto any online Class with Margo means that you agree to the following statement: “I understand that I have agreed to participate in online Wellbeing with Margo classes which include strenuous physical activity. I agree that I will only participate if fit and well and will notify the teacher at the start of the class if there is any new information or changes concerning my fitness to participate. I agree that I will follow all instructions given by the teacher, including abstaining if I am told an exercise is not suitable for me. I also agree not to record the lesson in any form. Agreement to this Online Teaching Notification will act as my continued agreement to all ensuing on-line sessions, via Zoom or any other video conferencing tool”.
- The Company respects Client’s privacy and insists that Client respects the Company’s. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it.
- Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, coaching calls or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with the Company during the Programme. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
- Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Further, Client agrees that if they violate or display any likelihood of abusing this section the Company will be entitled to injunctive relief and is at liberty to terminate all aspects of the agreement.
Non-disclosure of program materials
- Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
No transfer of intellectual property
- Company’s Programme is copyrighted and the original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorised to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
- Further, by agreeing to the Terms & Conditions, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief and is at liberty to terminate all aspects of the agreement.
- Client accepts and agrees that Client is fully responsible for their progress and results from the Programme. Teacher will help and guide Client however, participation is the one vital element to the Programme’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By agreeing to the Terms & Conditions, Client acknowledges there is no guarantee that Client will reach their goals as a result of participation in the Programme.
Independent Contractor Status
- Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance and shall retain control over its personnel and the manner in which such personnel perform. In no event shall such persons be deemed employees of the other party by virtue of participation or performance.
- In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
- This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.
- Limitation of Liability: Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company 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 Company’s services or participatation in the Programme. Client knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death that the Client may sustain as a result of participating in this Programme. Client further declares and represents that no promise, inducement or agreement not herein expressed has been made to Client to enter into this release. The release made pursuant to this paragraph shall bind Client’s heirs, executors, personal representatives, successors, assigns, and agents.
- Non-Disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such 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. The Parties agree that neither 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, each other or any of its programmes, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
- Termination. By agreeing to the Terms & Conditions, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive as determined by Company, or upon violation of the terms. The obligations of the Participant under this Agreement shall remain in effect in perpetuity after expiration or termination of this Agreement. Client will still be liable to pay the total contract amount.
I have caused this Agreement to be executed and delivered as of the date first written (04 January 2021).
I have read and agree to the working agreements above, and will honour them during our teaching relationship.