Effective Date: November 15, 2020
Last Modified: December 6, 2020
Article 1 – Scope — Our Services.
The terms and conditions (sometimes hereinafter referred as the “Agreement”) below apply to all services offered by HHRT, LLC, d/b/a Henwood’s Hounds Racing Team, including its employees, principals, agents, and partners (“Company,” “we,” “us,” or “HHRT”) to any individual or organization (“the client” or “you”) on or through www.johnhenwood.com (the “Website”) and our trainers, including, without limitation, individual training programs, comprised of, without limitation, workout, running, exercise, coaching, nutrition, injury prevention and muscle treatment programs, which we create, prepare and provide based on the information you will provide to us (the “Program”).
You will make reasonable efforts to comply with the technical requirements, as defined below, and provide us with all information that is reasonably necessary for the creation, preparation, and your participation in the Program. You agree we have no liability based on your failure to meet your obligations hereunder. We reserve the right to cancel any purchased Program (without refund) in the event you fail to meet your obligations under this Agreement.
Technical Requirements: To participate in a Program, you will be required to download the “Final Surge” application (the “App”) where you can use the Program we created and made available. You may need to meet particular software or hardware requirements (for example, appropriate computers or appliances, stable Internet connection, verification of network communication paths, compatible web browser, operating system, etc.) to download and operate the App. We may post such requirements on our Website or otherwise inform you of such requirements [at the time of the purchase of our services]. You are responsible for meeting such requirements. We shall have no liability based on your failure to meet technical requirements.
Article 2 – Disclaimer.
All material and information (including without limitation, advice and recommendation) within any of our Programs is provided solely as general education for users and for informational purposes only. Any use of the information contained in any of our Programs, as well as any advice or information contained therein, is at your sole choice and at your risk. You understand that HHRT and its agents are not medical professionals, and you expressly agree that HHRT is not providing medical advice or diagnosis through any Programs or through any information of any nature whatsoever it provides to you, notwithstanding your disclosure to HHRT of any medical condition or medication. No content found within any Program is intended to be, and should not be, a substitute for the advice of a physician or medical professional or for taking prescribed medication. Consult a doctor before undertaking a Program, including any of the Programs on this Website. It is your responsibility to evaluate your own medical and physical condition in consultation with a physician to determine if any of the information within any of our Program is suitable for you. You understand that any Program exercise may create potential risks such as abnormalities in your blood pressure, breathing, heart rate, the muscular-skeletal system or other physical or psychological effects that cannot be predicted. You understand that you are responsible for monitoring your physical and psychological condition throughout any Program you have agreed to undertake. If, at any point during any Program, you begin to have any unusual symptoms or conditions, or any physical discomfort, you should stop exercising, cease any Program immediately, and consult a medical professional. If you choose to use this information without prior consultation of your physician, you accept full responsibility for your decisions and agree to hold harmless HHRT, our agents, employees, contractors, and any affiliated companies, from any liability with respect to injury or illness to you or your property arising out of or connected with your use of the information contained in any Program. Your use of any of our Program is solely at your own risk. You should rely on your own review, inquiry and assessment as to the accuracy of any information made available within any Program. Our Programs are for use by people over 18 years old. If you are under 18 years old, do not use our Programs.
You hereby waive and hold harmless us, our agents, employees, contractors, and any affiliated companies from any claim or liability with respect to injury or illness to you or your property arising out of or connected with your use of the information contained in any Program.
In stating that you agree to these disclaimer and waiver herein, you acknowledge that you have read this form in its entirety and that you understand the potential risks associated with any Program through HHRT, and with its trainers.
Article 3 – Fees.
Any fee related to any service offered by us in connection with a Program is displayed on the Website and made clear at the time of the purchase through the Website. We reserve the right to change these fees from time to time. Fees can be paid online by debit or credit card, or by PayPal, using the “Stripe” payments gateway linked to Website. Receipts and/or invoices are available, and where receipts are requested by the client, they will be sent by e-mail.
Any request to cancel or pause membership in HHRT must be made in writing to firstname.lastname@example.org.
Article 4 – Acceptance.
This Agreement will terminate upon acceptance of the Program by the client.
Fees are not refundable after such termination.
The Program will be deemed satisfactory to the client and accepted by it unless within three calendar days after the Program has been provided to the client, the client gives us written notice specifying the manner in which the results do not conform to the applicable requirements described herein. Upon confirmation by us of inadequacy of the Program, our sole obligation will be to use reasonable efforts to revise the Program within a reasonable period of time; provided that if we are unable to revise the Program, the client may elect to refund all fees actually received by us from the client.
We shall not be liable for any failure of or delay in the performance of our services purchased in connection with the creation and provision of a Program for any period in which such performance is delayed due to acts beyond our reasonable control, including but not limited to civil unrest, strikes or labor disputes, pandemics or disease, compliance with emergency government regulations, or Internet failure. We agree to notify the client promptly in the event of any such occurrence, and to carry out our obligations as promptly as is reasonably practicable after the cause of the delay ends.
Article 5 – Confidentiality
Article 6 – Proprietary Rights.
Notwithstanding anything to the contrary, we retain ownership of all copyright and other intellectual property rights in the materials or information provided within a Program, including any documentation, data, technical information and know-how provided to the client. The client agrees that it must obtain our prior written consent before it may use our trademarks, trade names, or other designations in any promotion or publication.
Article 7 – REPRESENTATIONS. LIMITATION OF LIABILITY.
ALL SERVICES, PROGRAM, ASSOCIATED MATERIALS OR OTHER INFORMATION WE PROVIDE UNDER THIS AGREEMENT ARE FURNISHED ON AN “AS-IS” BASIS. WE MAKE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE MAKE NO WARRANTY AS TO ANY RESULTS TO BE ATTAINED BY YOU IN UNDERTAKING THE PROGRAM OR USING ANY INFORMAITON PROVIDED THEREWITH.
IF CUSTOMER SHOULD BECOME ENTITLED TO CLAIM DAMAGES FROM US (INCLUDING FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT,
MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS), THE CLIENT ACKNOWLEDGES AND AGREES WE WILL BE LIABLE ONLY FOR THE AMOUNT OF CUSTOMER’S ACTUAL DIRECT DAMAGES, NOT TO EXCEED (IN THE AGGREGATE FOR ALL CLAIMS) THE FEES PAID TO US FOR A PROGRAM PURCHASE THROUGH THE WEBSITE GIVING RISE TO SUCH LIABILITY THAT ARE THE SUBJECT OF THE CLAIM. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL US OR OUR AFFILIATES BE LIABLE FOR ANY OF THE FOLLOWING: LOST PROFITS, LOST REVENUE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Article 8. Indemnification.
The client will indemnify, defend and hold us harmless, as well as our officers, agents, contractors and employees, against any loss, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims based on an act or omission by the client that constitutes a violation of this Agreement.
Article 9 – General
9.1. Change. We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them on our Website, and apply to all services purchased thereafter. Your continued use of the Website following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check our Website from time to time so you are aware of any changes, as they are binding on you.
Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time FOLLOWING THE INITIAL MEDIATION SESSION or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”). The mediation may continue after the commencement of arbitration if the parties so desire. AT NO TIME PRIOR TO THE EARLIEST INITIATION DATE shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements above to cooperate in selecting a mediator, scheduling mediation, and participating in mediation. The prevailing party in any dispute between the parties shall be entitled to an award of its reasonable attorneys’ fees and costs.
9.3. Waiver and Severability. No waiver or perceived waiver by us of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
9.4. Entire Agreement. This Agreement constitute the sole and entire agreement between you and us regarding the services (including the creation and provision of the Program) to be provided by us and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such services. Any modification of this agreement must be in writing and signed by the party to be bound.