Release of Liability - Online Program
Assumption of Risk, Waiver & Release of Liability
This Assumption of Risk and Waiver and Release of Liability Agreement (“Agreement”) is entered into between Detox Day Spa (the “Company”) and (“You/Client/Online Program Participants”) this date September 18, 2020 (Day, Month, Year). In consideration of the opportunity to receive the products and services that are offered by the Company and the use of the Company’s facilities, I hereby agree as follows:
1. Products and Services. I have voluntarily requested the following products and/or services:
The Detox Day Spa online detox and/or virtual coaching program/s, which offers the opportunity to become your own health expert via online training modules, videos and additional resources encompassed within a learning management system. The program makes no guarantees, marketing or advertising claims – it is as is The program was created and is administered by a certified holistic professional, not a medical professional or MD. The program creator is not administering any medical advice, and any actions taken to improve individual health are their own actions; the program simply provides information, tools and resources to make informed decisions.
2. Risks. I understand and accept the risks associated with the products and services offered and the use of the Company’s online detox program. I acknowledge that the use of such products, services and/or the Company’s program may subject me to the possibility of physical and/or emotional injury (which could be minimal, serious, and/or result in death).
3. Assumption of Risk, Waiver and Release.
a. I acknowledge and voluntarily assume the risk of any and all injury, accident or death which may result from the use of such products, services or the Company’s program, to the fullest extent allowed by law.
b. I hereby release and hold harmless the Company, its officers, directors, employees, agents, volunteers, and contractors (collectively, “Releasees”) from any claim, demand, loss, liability, expense, damages, and/or attorney fees and costs whatsoever, known or unknown, arising from, related to, or resulting from these risks, including those caused by the negligent acts or omissions of any or all of the Releasees and/or anyone using the products, services and/or the Company’s facilities, to the fullest extent allowed by law.
c. As between each of the Releasees and myself, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage, that I may sustain as a result of my use of the products, services or the Company’s facilities.
d. This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a claim on my behalf or on behalf of my estate.
4. Terms and Conditions. I understand and accept the terms and conditions as outlined below:
a. No refunds will be granted after the purchase of the online detox program or coaching programs.
b. Online access credentials and logins cannot be shared with others. If shared with others, logins from an IP address not associated with your account will be charged the full program price for each instance.
c. Annual online access renewal. After purchase, you will be given access to the online program for one year (365 calendar days). 30 day-notice of cancellation must be sent via email to firstname.lastname@example.org to prevent the renewal of annual access for $99.99.
d. Communication. By providing your email address, phone number, or other points of contact through the Website, you agree that DetoxDaySpa.com may communicate with you electronically or over the phone university programs offered through DetoxDaySpa.com. You agree to receive communications from or on behalf of DetoxDaySpa.com at any email address, phone number, or other point of contact you provide through the Website. You further agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were provided to you in writing.
f. Digital Copyright Infringement. Any copyright owner or its agent that believes that any Materials or other content on the Website infringes upon its copyright(s) should give written notice to DetoxDaySpa.com’s authorized agent, listed below, in accordance with the Digital Millennium Copyright Act (“DMCA”). The notice to DetoxDaySpa.com shall contain the following information: A physical or electronic signature of the copyright owner or the individual authorized to act on behalf of the owner of a copyright that has allegedly been infringed upon; Identification of the copyrighted work claimed to have been infringed, or a representative list of such works; Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit DetoxDaySpa.com to locate the material; The contact information of the copyright owner or the individual authorized to act on behalf of the copyright owner, such as an address, telephone number, and, if available, an email address; A statement that the copyright owner or the individual authorized to act on behalf of the copyright owner has a good faith reasonable belief that the particular use of the identified material is not authorized by the copyright owner, its agent, or the law; and A statement, under penalty of perjury, that the information in the notification is accurate, and that the individual submitting the notice is authorized to act on behalf of the owner of the copyright that has been allegedly infringed. Any copyright owner or its agent may provide written submissions of alleged infringements of alleged infringements to DetoxDaySpa.com’s designated Copyright Agent, email@example.com. A notice may not be valid if it fails to comply with all of the above-listed requirements.
g. Intellectual Property. Trademarks, logos, and service marks displayed or otherwise used on the Website, including, but not limited to “DetoxDaySpa.com” (collectively the “Intellectual Property”), are registered trademarks of DetoxDaySpa.com. The Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to DetoxDaySpa.com, or its licensors, affiliates, principals, or partners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed on the Website without the written permission of DetoxDaySpa.com or the third party that may own the Intellectual Property displayed on the Website. Your misuse of the Intellectual Property displayed on the Website is strictly prohibited. DetoxDaySpa.com will enforce its intellectual property rights to the fullest extent of the law.
i. Code of Conduct. You agree that you will not:
Use the Website in any unlawful or inappropriate manner, as determined by DetoxDaySpa.com in their sole discretion, or in any other manner that could damage, disable, overburden, or impair the Website; Use automated scripts to collect information from or otherwise interact with the Website; Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your qualifications, and/or your affiliation with any person or entity; or Publish, upload, display, or transmit or otherwise make publicly available on the Website any private information of any third party, including but not limited to addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.
j. Accuracy of Information. Detox Day Spa believes but does not guarantee that all of the information that appears on the Website or in any e-mail or other alerts or communications provided in connection with the Website is accurate. Notwithstanding the foregoing, we recommend that you independently verify all information prior to making any educational or educational financing decisions. k. Hyperlinks. The Website may contain links to other websites (“Third Party Links”) that we provide solely as a convenience to you during your use of the Website. DetoxDaySpa.com does not endorse such websites and is not responsible for any content contained therein. If you decide to access any Third Party Links, you do so entirely at your own risk.
m. Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DETOXDAYSPA.COM, ITS SUBSIDIARIES, AGENTS, AFFILIATES, AND/OR LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH DETOXDAYSPA.COM MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE;
n. Indemnification. You agree to indemnify, defend, and hold harmless JSAMB Business Ventures LLC, Detox Day Spa, their subsidiaries, members, agents, affiliates, and/or licensors against any claim, liability, expense, or damages arising from or relating to your use of the Website. Your obligation to defend, indemnify and hold harmless shall survive the termination of your use of the Website and/or any products or services purchased hereunder
5. Non-Competition and Confidentiality/Non-Disclosure.
Non-Competition. Client hereby agrees that for a three (3) year period following its purchase of the products and/or services requested hereunder, client shall not, without the express prior, written consent of the Company, participate directly or indirectly in the creation or offering of: (1) a detox program offering products and/or services that are substantially similar to those purchased hereunder with a physical presence within a radius of two hundred fifty (250) miles of any of the Company’s facilities; or (2) an online detox program offering products and/or services that are substantially similar to those purchased hereunder within the United States or any country where the Company has provided the services purchased hereunder.
Confidentiality/Non-Disclosure. Client hereby further agrees that it shall not without the express prior, written consent of the Company, disclose any information or materials identified in and protected by Sec. 4(e), (f) or (g), above, directly or indirectly, nor use such information or materials in any way, except as specifically provided for herein. Client and Company agree that the terms of this section shall survive the expiration or termination of this Agreement to the fullest extent allowed by law. Provided however, that the following information shall be excluded from the restrictions in this Section: Information that is required to be disclosed pursuant to a court order or pursuant to a governmental law or regulation. In the event such disclosure is required, Client shall make every reasonable effort to protect such information from public disclosure.
CATEGORIES OF PERSONALLY IDENTIFIABLE INFORMATION COLLECTED
Visitors may browse our web site without revealing any personally identifiable information. What Personal Information About Customers Does Detoxdayspa.com Gather? Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but, then, you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our online store, and communicating with you.
Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many web sites, we use “cookies” and we obtain certain types of information when your Web browser accesses Detoxdayspa.com (which are explained below). There are tools designed to help you visit web sites anonymously, although we will not be able to provide you with a personalized experience at Detoxdayspa.com if we cannot recognize you, we want you to be aware that these tools exist.
E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Detoxdayspa.com if your computer supports such capabilities.
Use of Personally Identifiable Information
Your personally identifiable information is used for our internal business purposes only. Detoxdayspa.com does not sell, rent or lease your personal information to independent third parties except as described below. We use personally identifiable information to identify account holders, open and maintain accounts, process, service and enforce transactions, send related communications to customers and to provide customer services and support. Credit card numbers are used only for processing payments and are not used for other purposes. We may also use personally identifiable information to provide you with optional product or service updates, promotional notices and offers and other information about Detoxdayspa.com and its products.
As stated above, Detoxdayspa.com does not share our customer information with third parties, except as described in the next paragraph. If you receive information about our products from another company, Detoxdayspa.com has no control over the use of their data. You will need to contact the company that delivered the email to opt out of receiving ongoing emails.
Disclosure of Personally Identifiable Information
We may use third party, unaffiliated, companies to help us maintain and operate our web site or for other reasons related to the operation of our business, and those companies may receive your personally identifiable information for that purpose. Should we be required to do so, we may also disclose personally identifiable information about you in connection with a legal claim, governmental request or investigation. Further, as our business develops, we may sell or buy corporate assets, and in such transactions customer information may be shared with third parties and become one of the transferred business assets.
Cookies are alphanumeric (letter and numeric) identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and to provide features that help your user experience.
The “Help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of DetoxDaySpa.com’s best features, and we recommend that you leave them turned on.
Selling to Minors
Detoxdayspa.com does not sell products for purchase by children. If you are under 18, you may use Detoxdayspa.com only with the involvement of a parent or guardian.
Our customers are given the option of registering with us to receive special offers, newsletters and new product updates by E-mail. If at any time you decide that you no longer wish to receive these communications, you may opt out of receiving them by simply clicking on the “unsubscribe” link, which is attached to every E-mail that is distributed to our customers. By clicking on this link, you will automatically be deleted from our mailing list and will not receive any further E-mails. Should you wish to be added again in the future, just do a basic registration the next time you visit http://www.Detoxdayspa.com. To do this, simply click on the “Register Now” button on the home page and fill in your name and E-mail address. This will add you, once again, to the mailing list.
a. The parties irrevocably agree that this Agreement shall be governed by the laws of the State of Michigan, excluding its conflict of law rules. The parties further irrevocably consent and agree that sole and exclusive jurisdiction over any matter relating to this Agreement shall exclusively rest in the State courts for the County of Oakland, State of Michigan, or in the United States District Court for the Eastern District of Michigan, Southern Division and waive any objection to venue laid therein.
b. This Agreement contains the entire understanding between and among the parties concerning the matters set forth herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, relating to the matters addressed herein are merged and incorporated into this Agreement.
c. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.
d. If any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.
The Parties acknowledge that they have executed this Agreement as of the date set forth below. Company:
Detox Day Spa, DBA of JSAMB Business Ventures LLC
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Document Name: Release of Liability - Online Program
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