Course Terms & Conditions
Notice: These Course Terms and Conditions (“Terms”) are a legally binding agreement (“Agreement”). It is your responsibility to carefully read these Terms prior to accessing our website (“Site”) and purchasing any products, programs, e-books or courses (including Virtual, Online and/or In-Person), including but not limited to, Stretcha Performance System (“Course”) or otherwise using any of our content and resources (collectively, the “Services”).
The Course, Site, and Services are owned and operated by Sandra Jersby Swedefit. a business operating under the laws of the Province of Los Angeles and federal laws of the United States of America, where applicable. In these Terms, “we”, “us” and “our” refer to Sandra Jersby Swedefit. and the terms “you” or “your” refers to any individual user of our Course and Services.
Acknowledgment and Consent to Terms
FEES AND REFUNDS
Fees for our Courses and Services are as listed on our Site or upon signing up for a Course and billed in the local currency of the location of the course or United States Dollars (USD). We reserve the right to change our fees at any time and without notice.
We do not provide refunds for any courses or services. We may, at our sole discretion, place a Course on hold as determined on a case-by-case basis.
INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS
Intellectual Property Rights
All of our intellectual property, including but not limited to images, text, Course materials (including, but not limited to, guidebooks, lessons, plans, workbooks, and worksheets) designs, graphics, videos, stretching videos, e-books, logos, taglines, trademarks, copyrights, and service marks (collectively “Content”) provided on our Site, Courses, and all Services are proprietary and owned by us unless attributed otherwise. All of our Content is provided for your personal, non-commercial use only, and may not be copied, distributed, or sold.
Requests to Use Content
If you wish to use, publish or refer to our Content, you must first request permission to do so by emailing us at Sandra@sandrajersby.com
. Permission is not granted until you receive express permission in writing from us and you agree to any terms we outline for use, such as providing obvious credit to us by linking back to our Site or to the social media platform where the Content was originally posted. In no event do you obtain any rights or ownership in Content, or may you claim that it is your own creation.
ASSUMPTION OF RISK AND DISCLAIMERS
Acknowledgment and Assumption of Risk
You expressly acknowledge and assume all risk associated with your use of the Course and Services and any subsequent actions you choose to take or not to take, as a result of the information or materials provided to you as part of the Services. Risks include, but are not limited to, financial loss and engaging in physical activity, stretches, and exercise that may lead to serious injury and damages. Breath work and movement practices should not be done if you are pregnant without the consultation of a doctor and/or regulated healthcare provider. You expressly acknowledge that the dangers and risks associated with the Services and Courses listed here are not complete. Your voluntary participation in the Services and Courses illustrates your understanding and assumption of all the risks and potential risks of the Services and Courses.
Not Personal Medical or Health Advice, No Patient-Client Relationship
While we have backgrounds and certifications in stretch therapy and bodywork, and may work with regulated healthcare providers in providing you resources, you understand and agree that you are not receiving personalized advice as a result of using or purchasing any Services. In no way is the information contained in the course to be construed as personalized advice or diagnosis, and we confirm we are not acting in our professional capacity or providing our professional services to you personally in any way. It is understood that by purchasing a course or using any of our services there is no patient-healthcare provider relationship formed. If you have medical questions related to your personal physical health, mental health, and/or overall well-being, you should consult your doctor. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using our services.
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 the use of our services, including without limitation any liability for any injuries, harm, loss, damage, death, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, financial loss of any kind, and for any other loss or damage of any kind, however, and whether caused by negligence, breach of contract, or otherwise, and whether foreseeable or unforeseeable. We are in no way responsible and will not be held liable for any injuries or damages that may be caused to you or the client that you use to perform stretches on prior to your assessment, during your course assessment, and to future clients in your own practice.
Warranties and Guarantees Disclaimer
We make no warranties and provide no guarantee of any particular result or outcome as a result of your use of our course and services. You agree that all services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. We may provide testimonials or reference certain outcomes or results, however, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of any particular outcome for you as a result of any statements or testimonials contained on our site, course or as part of the services.
Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including you.
Insurance and Regulatory Disclaimer
You are solely responsible for obtaining any insurance required and meeting all regulatory obligations, certifications, or further education that may be required in the jurisdiction you reside in. You hereby acknowledge that you are responsible to perform due diligence and ensure that you meet any and all legal, regulatory and professional obligations in the country where you will practice stretch therapy, body work or treatment.
No Earnings Guarantee
You acknowledge that we make no warranty or guarantee that the course or services will lead to any specific earnings, business growth or financial results or that you will experience the same or similar results as others who use the services and are certified in our course.
Use of Third-Party Applications
You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated or as may be mandated by law or fiduciary duty.
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
Release, Indemnity and Waiver
You hereby release, indemnify and saves harmless Sandra Jersby SWEDEFIT, its directors, officers, agents, employees, contractors, volunteers, heirs, executors, administrators, successors, and assigns, as applicable (collectively, “Released Parties”) from any and all liability and damages arising from the Services and Course, including financial damages or personal injuries, however caused, including negligence, during your engagement of our services and once you’ve completed the course and begin stretching your own clients. You further agree to forfeit all forms of legal recourse which may be available to you, including but not limited to any form of damages, costs, losses or expenses as a result of the services. You acknowledge that this release of liability is binding on your heirs, executors and anyone else who may be able to bring legal action on your behalf in the future. This clause survives the expiration or early termination of this agreement.
Limitation of Liability
We will not be held responsible or liable in any way for the information, products, or materials that you request or receive by using our Services. We do not assume liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access of our course and services. If for any reason whatsoever we are found liable, damages will be limited to the amount of any fee paid to us by you for the course, or otherwise limited to the greatest extent permissible by law.
You grant to Sandra Jersby SWEDEFIT. an irrevocable, worldwide, perpetual and unrestricted right to use any media, such as photographs, video, audio recordings, website design or social media posts, whether captured by you, us or third party in relation to this agreement and for any lawful purpose, including in its online or printed advertising or marketing materials and on all social media platforms, with or without reference to you and without further notice, grant of permission or right to any financial compensation.
Governing Law and Jurisdiction
These Terms are governed by and interpreted in accordance with the laws of the State of California and the federal laws of the United States of America where applicable. Any disputes arising directly or indirectly from this agreement will be submitted and heard exclusively in the courts of Los Angeles, California, U.S.
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Waiver of Breach
The waiver by us of any breach of these Terms by you will not be taken to be a waiver of any of your future breaches. We reserve the right to exercise or enforce our rights at a later date.
Electronic Confirmation of Acceptance
By electronically confirming acknowledgment and acceptance of this agreement, you confirm that you accept the terms and conditions set out above and that this will constitute a signed and legally binding agreement.