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Teacher Training Terms of Service

THE WORKOUT WITCH – TEACHER TRAINING TERMS OF SERVICE

This Terms of Service (the “Agreement”) is between You, the undersigned, and Carry The Torch, Inc., doing business as The Workout Witch (“The Workout Witch” or “Business” interchangeably). Below are the terms of this Agreements to set forth the details of working together with Business for the Teacher Training  - Level 1: Release Stress and Stored Trauma with Somatic Exercise (“Course”).

You are encouraged to read this information carefully and fully to create clarity of our respective roles and expectations while working together, and to set You up for a positive, productive, and results-driven enrollment. By signing below, we both legally agree to the following:

I.         DESCRIPTION OF SERVICES

1.         THE SERVICES: For purposes of this Agreement, the Business’ services include, but are not limited to, digital education services (the “Course”), business mentorship and development programs, and professional development community. All other programs and services offered by the Business may collectively be referred to as the “Services.”

The terms of this Agreement are applicable to all users of Business through its website, hosting platform, and related domains, sub-domains, and mobile and desktop applications (collectively, the “Sites”). This Agreement governs your use of the Sites, including all functionalities, features, streaming services, audio, visual, written media, PDF file, website links and user interfaces, and all content and software associated with the Sites as provided by Business

2.         THE COURSE: You are working with Business to be a come certified Somatic Exercise Teacher through its Level 1 Teacher Training. The Course includes:

  • Online access to Somatic Exercise curriculum including self-paced videos and digital workbooks
  • Monthly Mentorship group call with a Business-certified Somatic Exercise Teacher and/or the owner of The Workout Witch
  • Somatic Exercise Teacher certification protocol including required reading and homework assignments
  • Personalized mentorship and feedback opportunities through digital teaching submissions
  • Opportunity to become certified by successfully passing the certification test (with up-to two (2) chances to pass test)

3.         CONTRAINDICTATIONS: While the Course is largely beneficial to the general population, the following individuals are considered to have ‘contraindications’ and should not participate in the Course or engage in the material: those who suffer from serious mental health conditions or foster suicidal ideations, those with connective tissue and/or genetic disorders, those who are advised by medical professionals to not participate in somatic exercises or similar activities.

II.         INVESTMENT

1.         INVESTMENT: You agree that You are financially willing and able to invest the cost of the Course, and that by so doing, You are not incurring any economic hardship in any way.

The investment amount for the Course is indicated on the sales page at the time of purchase is determined based on the payment method and plan which You chose.

Payment for the Course shall be made in full upon enrollment, or monthly on said recurring date established between Business and You. All fees and charges (including any late fees, as applicable per this Agreement) will be charged to your debit/credit card on file, as further described below. As You may choose to enroll in a payment plan that allows for auto-billing, You agree to maintain valid debit/credit card information as part of your Account information when applicable.

 

Note that if You terminate this Agreement prior to the final payment and the culmination of your Initial Term, You are still financially responsible for the balance owed, may incur additional costs and fees and will not be eligible to sit for your certification test.

2.        PAYMENT PLANS: If You chose to enroll in a payment plan the monthly rate will be auto-debited using the card on file each month, for the duration of the plan, on the agreed upon date. You agree to save a valid and up-to-date debit or credit card on file in your “Account” hosted by Shop. You further agree that The Workout Witch may charge, without any additional authorization required, the credit card or debit card You saved to your Account each month for the payment owed, throughout the duration of the Course and payment plan, and agree to the terms of conditions of Shop and Stripe, the payment processor. Upon billing, You will receive an electronic receipt to the email on file indicating the same.

If You wish to change the payment method, You must do so in your Account before your next billing date.

3.         AUTO-DEBIT AUTHORIZATION: By enrolling in an auto-debit contract via a payment plan for the purchase of the Course, You authorize Business to, on a recurring basis - on the same of the day of each month, automatically charge the debit or credit card account You specified, for the auto-debit plan associated with your Account, on the billing due date. You understand and acknowledge that (1) Business will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Business may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. Business cannot be held responsible for errors in processing due to expired or inaccurate information.

4.         MISSED PAYMENT: If payment is not received by the date due or there is a problem with the payment transaction or method (such as a declined credit card or insufficient funds), You will be promptly notified via e-mail. Upon the payment default, You are granted a 48-hour (2-day) grace period to make the payment. If your payment has not been received following your 48-hour (2-day) grace period, a $50 fee per day will be assessed until payment has been received, and your access and privileges associated with the Course may be paused. The fee will be added to the invoice due.  

5.         REFUND POLICY: It is The Workout Witch’s intention for You to be happy with your participation and results in the Course. Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the Course, no refunds will be provided.

Chargeback Policy: Unless otherwise provided by law, You acknowledge that all sales are final, and The Workout Witch does not offer refunds for any portion of your payment for any of the Course at any time. By signing this Agreement, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it.

Should You attempt to issue a chargeback with your credit card Business, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not. You will remain contractually responsible for payment of the Course in full.

III.         COURSE ACCESS

1.         ACCOUNT: Upon your first purchase of a Service, You will be prompted to create another Account with Business via their hosting platform, Thinkific. Your Account is protected via password and where You may access certain purchased products.

2.         ACCESS: After making a purchase from Business, You will be able to immediately access all Course materials through your Account. You will find materials such as self-paced videos and digital downloads pre-loaded into your Account, as well as information to attend live discussions.

Your access to the Course also includes: (a) reasonable email access to a somatic exercise teacher trained and certified through The Workout Witch; the email address will be provided upon enrollment; and (b) monthly community calls with other Course enrollees and The Workout Witch owner.

3.         LIVE, MONTHLY CALLS: Live mentorship calls are offered monthly as part of the Course for seven (7) months following kickoff. The calls  are prescheduled as part of the Course curriculum; You will receive a schedule of the calls in advance as part of other Course materials, in Your account. Calls will be recorded and uploaded to your Account for your reference if you chose to rewatch or if You miss the live call.

4.         COURSE DURATION: The Workout Witch notes that your Course access is valid for one (1) year from the date of purchase. You must finish consuming all Course material, complete all assignments for feedback, and successfully pass the certification test during the time of the Course. Access to all educational components will be terminated after one (1) year, as will your access to The Workout Witch and your eligibility to sit for the certification test.

5.         LIMITED LICENSE FOR USE OF THE SERVICES: Business grants you a non-exclusive, non-transferrable, personal, non-sublicensable, limited right and license to access and use the sites owned and operate by and under the Business, including viewing the content, participating in a Course, engaging in the community, and accessing the materials based upon the purchase selected by You, for non-commercial purposes only.

6.         MESSAGING AND COMMUNICATIONS: All messaging access to The Workout Witch throughout the duration of the Course takes place via email. You can expect replies to inquires within 24 - 48 business hours; however if You want to discuss a topic at length, The Workout Witch reserves the right to discuss it in further detail at the monthly call.

7.         PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Course You will need a username and password. You agree to keep this information confidential and not share it with anyone else.  If Business has reasonable grounds to suspect that You (1) have shared your username and password with anyone else, (2) used the materials in a way contrary to what is intended and/or agreed upon; and/or (3) shared, disseminated, provided access to, forwarded, or in any other way made known to a non-purchasing user copyrighted materials such as video recordings, digital downloads, workbooks, or any other protected content, this will be considered a material breach of this Agreement and your access. Business will automatically terminate Your account and refuse all current or future use access to the Course,  without refund.

IV.         CERTIFICATION

1.         ELLIGIBILITY TO SIT FOR CERTIFICATION TEST: To qualify to sit for the exam, You must submit the following pre-certification materials: (a) proof of completion of all curriculum material and homework assignments; (b) voice recordings of You practice teaching; (c) two (2) video recordings of You practice teaching for approximately 10-20 minutes with suggested 2-3 students; (d) You have addressed and improved upon any specific feedback provided by Business’ teacher to improve your own teaching technique; and (e) are within the one (1) year time frame allotted by Course enrollment.

2.         CERTIFICATION TEST: The test is one (1) hour and takes place on Zoom; it is divided into a 30-minute sample teaching portion, and a 30-minute verbal question and answer regarding somatics. The criteria for successfully completing the test and ‘passing’ are provided to You in your account, as part of the Course curriculum. As such, You will be given two (2) two opportunities to sit for the test and earn a passing score.

In the event You do not pass on your first attempt, You will be provided with feedback as to what You need to practice and improve on to set You up for success in your second attempt. If You do not pass your second attempt, You will not be given another opportunity to re-test and will not receive your certification. If You do not pass and do not receive your certification, You will not receive a refund for the Course or credit for a future re-enrollment.

3.         SCHEDULING: To schedule your test, You may email Business directly. If You need to reschedule your test date, You must email Business at least one (1) week prior; reschedules made within the 1-week window are considered a ‘late-cancel’ and will count as a strike into your allotment of two testing opportunities to pass. Business reserves the right to respectfully reschedule any test  in the event of an emergency to the first mutually agreeable time available.

4.         CERTIFICATION: Upon successful passing of the test, You may state that You are a ‘Certified Somatic Exercise Teacher’, and You may advertise yourself and your services as such. You may also: (a) teach The Workout Witch’s ‘Release Stress & Stored Trauma’ sequence; (b) teach the imagery and technique of somatic exercises; (c) teach in-person and online classes sharing somatic exercises; (d) teach somatic exercises to adults and kids.

Once You have passed the test, Your participation in the Course is considered ‘complete’ and You may not continue to email Business for mentorship or support.

Note that certification through the Course does not give You the right to copy, repurpose, or reshare Business’ social media posts.

V.          INTELLECTUAL PROPERTY RIGHTS

1.         OWNERSHIP NOTICE: The Course and all related services are the sole and exclusive property of Business and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries. This includes all aspects of the Course such as videos, digital downloads such as worksheets and e-books, educational components added to enhance the Course experience, and any other material provided as part of the Course enrollment.

2.         COPYRIGHTED CONSENT: Business retains all ownership and intellectual property rights to the Course content and materials provided to You through the sites and otherwise, including all copyrights and any trademarks belonging to Business and related entities. The Course content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the materials, electronically or otherwise, for any use, and especially not in a business, commercial, or any other way that earns You money, without the prior written permission of Business.

Furthermore, by signing this Agreement You agree to the above terms and understand that Business’s materials are protected by the United States Intellectual Property laws, including the Copyright Act of 1976. You understand and agree that violating the terms of this Agreement as described above may subject You to legal action and that Business will fully pursue all remedies at law against You which it is entitled.

3.         TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the sites or delivered via the Course are either owned by Business or a use right has been granted to Business. Your use of the Course and sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the sites. No license is expressly impliedly granted within or because of your use of the Course and sites. Without the prior permission of Business, except in the utilization of our widgets or mobile applications, You agree not to display or use in any manner, any of the trademarks, names, and logo featured on the sites for which you do not have personal rights.

4.         MATERIALS PROVIDED TO BUSINESS OR POSTED ON THE SITES, COMMUNITY: Business does not claim ownership of the materials You provide to Business (including feedback, comments, and suggestions) or post, upload, input or submit to the sites or its associated services or contribute to group channels (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission You are granting Business permission to use your Submission in connection with the operation of their business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Business is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Business.

By posting, uploading, inputting, providing, or submitting your Submission You warrant and represent that You own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.

VI.         PERSONAL RESPONSIBILITY, DISCLAIMER & RELEASE OF CLAIMS

1.         NO GUARANTEE OUTCOMES: The Workout Witch teachers will utilize their best efforts to provide You with results towards your goals. However, You understand that the Course outcomes can be subjective and vary greatly depending upon circumstances and individual effort invested in the Course process. Joining this Course does not guarantee that You will take any specific action and does not offer any guarantee of success. As such, You understand that Business makes no guarantee, representation or warranty of any nature or kind that this Course will be effective or will result in any particular outcome. You agree that You will not hold the responsible, in whole or in part, for any result that You do or do not achieve.

2.         NO MEDICAL ADVICE: Business’s services and the Course content is not meant to diagnose medical conditions. The Workout Witch owners and teachers are not qualified medical practitioners. The Course is not intended to teach You how to diagnose a medical condition nor to give medical advice. The Workout Witch strongly recommends that You do not diagnoses symptoms with clients or customers and instead, refer all clients or customers to qualified healthcare practitioners. The information learned in the Course is not  medical advice, diagnosis, or treatment, or substitute for an individual patient assessment based on a qualified health care provider’s evaluation of a patient, including factors unique to such patient. Business is not responsible or liable for any advice, course of treatment, diagnosis, or any other information or services, including health care services, that You offer your clients/customer based on information You obtained through your use of the Course.

The contents of the Course should not be used if You are in a life-threatening or emergency medical situation. IF YOU OR A CLIENT HAVE ANY QUESTIONS ABOUT YOUR HEALTH, INCLUDING ANY MEDICAL CONDITION OR TREATMENT, PLEASE CONTACT YOUR HEALTH CARE PROVIDER OR, IF YOU HAVE A MEDICAL EMERGENCY, CALL 911.

3.         PERSONAL RESPONSIBILITY & ASSUMPTION OF RISK: You acknowledge that You take full responsibility for yourself, and all decisions made before, during and after your participation in the Course. You accept full responsibility for your choices, actions, and results before, during and after this Course, and You knowingly assume all the risks of the Course related to your use, misuse, or non-use of the Course or any of the Course materials. You understand and agree that you are solely responsible for your results.

You agree that Business is not responsible for your physical, mental, financial, emotional, and/or spiritual health, or for any other result or outcome that You may experience through this Course.

4.         LIMITATION OF LIABILITY, INDEMNIFICATION, AND RELEASE OF CLAIMS: You agree that Business will not be held responsible in any way for the information that You request or receive through this Course, including services, products, and Course materials and any other information You have received related to this Course. You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release Business, in its individual capacity and legal capacity, and each of Business’s companies’ principles, shareholders, officers, directors, employees, agents, successors, beneficiaries and assigns from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that You ever had, now have or may have against Business in the future that may arise from your participation in the Course, including all services and products to the extent permitted by applicable law.

VII.         TERMINATION

1.         MUTUAL TERMINATION:  Each Party has the right to terminate this Agreement consistent with the terms herein. In the event of voluntary termination by You, the financial obligations survive termination of this Agreement.

2.         TERMINATION BY BUSINESS: Business reserves the right to terminate this Agreement and your enrollment in the Course, in the event of (a) a material breach of this Agreement, or (b) misconduct violative of The Workout Witch general community standards. Such Termination is at Business’ sole discretion and effective immediately. If Business terminates this Agreement, the financial obligations of this Agreement may be revisited and reassessed, however all other terms of this Agreement remain.

3.         MUTUAL NON-DISPARAGEMENT: Should You have any questions or concerns about the Course or Business, You agree now to contact Business directly in a mature and professional way rather than to publicly make any negative or critical comments about the Course, Business’s business or Business personally through social media, public forums, or otherwise. The parties both agree now not to communicate with any other individual, Business or entity in a way that is harmful or disparaging to the other, whether actual or perceptual, or to do or say anything that is injurious to each other’s reputation, including about the Course, Business personally, Business’s business, employees, contractors or agents, other participants. In arbitration or when required by law the Parties are not prohibited from publicly sharing our thoughts and opinions.

VIII.         TERMS OF SERVICES:

1.         TESTIMONIAL RELEASE: You grant Business, its representatives, employees, agents and/or assigns the right to solicit and share an approved, written or video testimonial, created by You, following your completion of the Course. You understand that You have the right to decline sharing a testimonial, and your participation will not impact the services You receive in the Course.

2.        USER CONDUCT: Business is committed to providing an environment that is free from disrespectful and offensive behavior, and that is safe space for all individuals. Accordingly, harassment, inappropriate, or discriminatory behavior, and/or continued disruptive or incendiary behavior, as determined in the sole discretion of Business, will not be tolerated. Business has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of a  client relationship without refund to anyone engaging in unacceptable behavior. Further, harassing behavior via digital communications will be blocked and reported to hosting platforms.

3.         NOTICE: All correspondences or notices required regarding the Course shall be made to Business via e-mail at Liz@TheWorkoutWitch.com and to You at the e-mail address You provided during your enrollment in the Course. Should your e-mail address, billing information, or contact information change at any time throughout the Course, it is your responsibility to update your contact  information in your Account within three (3) days of any change.

4.         FORCE MAJEURE: In the event that any cause beyond my reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for Business to perform my responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, Business is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill my responsibilities and obligations.

5.         ENTIRE AGREEMENT, ASSIGNMENT, SURVIVABILITY AND WAIVER: This Agreement contains our entire agreement and may be modified or amended at any time as long as the amendment is in writing and signed by both parties. You may not assign your privileges, rights, or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If Business chooses to waive or not enforce one or more terms of this Agreement, it does not in any way limit her right to later enforce every part of this Agreement.

6.         GOVERNING LAW, DISPUTE RESOLUTION: This Agreement shall be construed according to the laws of the County of Los Angeles in the State of California. Should the parties have any differences, it is hoped that they could work them out amiably through e-mail correspondence. However, if the Parties are unable to seek resolution in 14-days, they agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both, unless they both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to You through arbitration is the full refund of your payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to You. The parties both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place; it will be held in the County of Los Angeles in the State of California where Business’s principal place of business is located.

7.         HOSTING PLATFORM: Business is hosted by and integrated with the following third-party platforms, who are responsible for all login/account information and payment transactions for the Course, including but not limited to: Thinkific, Shop, Stripe, Zapier, Make, MoneyChat, Klayvio, Zoom, ChatGPT, and VoiceFlow. Business reserves the right to utilize any necessary third-party platforms to best deliver the Course. In the event of technical issues with your respective account or login, Business refers You to Thinkific, Shop, Stripe, Zapier, Make, MoneyChat, Klayvio, Zoom, ChatGPT, and VoiceFlow’s support. Business does not have access to your account details. If You would like more information regarding each platforms’ Terms of Use and Privacy Policies, including how they collect and store information, Business encourages You to visit their individual websites.

8.         EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from Business related to your participation in the Course, such as: Business’ services, offering, community and brand. You give Business permission to email You at the email address on file regarding the same.

By signing this Agreement, we both acknowledge that we have read, understand, agree to, and accept all of the terms in this Agreement. Electronic signatures of this Agreement are permitted and enforceable. You agree that You have had the opportunity to ask Business any questions prior to signing, and your signature indicates that You agree with all of the terms of this Agreement.