General Terms of Agreement (Terms of Service/Terms and Conditions)
The following Terms and Conditions (the “Terms”) are applicable to the ESSENTRICS® website found at www.essentrics.com and all other current and future websites, mobile sites, mobile applications, features, services and/or programs owned and operated by The Esmonde Technique, including the Essentrics Store, Streaming, Instructor Portal, and Find a Class (referred to as the “Website”). Your use of this Website is subject to the Terms described below; Please read these Terms carefully before using this Website.
By using or accessing any part of this Website (as a visitor (unregistered and browsing) or as a registered user) and/or by clicking the “Accept” check box/button on the Vimeo OTT login pop-up page, on any registration page, you are agreeing to be bound by these Terms. If you do not agree to ALL Terms, you are not permitted to use the website or to subscribe/use its services, please do not use the Website and leave this page immediately. We reserve the right to amend these Terms at any time. If you continue to use the Website after any changes in the Terms, you agree to and accept any and all alterations. You also agree that it is your responsibility to monitor the Website for the posting of modifications and to review them at your discretion. If any updates are required in your software or equipment, you are solely responsible for any expenses, the Website is not liable for any additional expenses you may incur.
The Esmonde Technique reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on the website and on this page immediately. Please check the latest information posted herein to inform yourself of any changes.
Medical & Health Disclaimer
The Website contains Content with information and instruction relating to fitness and health for your personal use. You agree that the following warning and disclaimer apply to all content, services and products available and promoted by this Website. Before beginning any exercise or fitness program, we strongly recommend that you consult your physician or other healthcare professional prior to starting this or any exercise program to determine if it fits your needs, especially if you are pregnant or have a pre-existing condition. Do not start this fitness program if your physician or health care provider advises against it.
This website is intended to offer fitness and health information strictly for educational purposes and any information on this website is used at your own risk. This information does not replace or act as a substitute for medical advice from a professional, treatment or diagnosis. Any questions or concerns you may have your health, should be addressed with a physician or other health-care professional. Nothing contained on this Website should be considered as medical advice or diagnosis. If you are experiencing any discomfort or pain as a result of the exercise routine you must stop the activity immediately and seek medical attention. Never delay or avoid seeking health or medical advice from a health-care professional as a result of something you might have read on this website.
You are responsible for evaluating your own physical and medical condition, as well as that of your clients, and for determining independently whether to follow, use or perform any of the content or information on this website. You acknowledge and agree that any fitness program can result in injury; by undertaking any exercise displayed on this website or in the content distributed by this company voluntarily, you are assuming the risk of any resulting physical injury and/or death to you, anyone you share this program with, or your clients.
Changes in medical research could affect the fitness and health information appearing on this website. There is no claim or guarantee that the information portrayed on this website will include the most up-to-date developments or findings regarding the material.
Visitors to the Website are only able to see limited parts of the website. Full access to the website and its services and features are reserved for registered/paid members. If you wish to become a member of this Website, you agree to provide factual, current and true information. You are obligated by law to keep your user information updated and accurate. If you provide any information that is inaccurate or incomplete, we reserve the right to suspend or terminate your account and refuse all current or future access to the Website and its services. By registering to use this Website, you indicate that you are of the age of majority. (Our website is not targeted toward children and we do not knowingly collect information from individuals under the age of legal consent.)
PASSWORD AND SECURITY
You are solely responsible for the confidentiality of your password and your account information as well as any and all activity that occurs under your account name. You agree to notify the Website of any unauthorized use of your account and any breaches in security. You may be held liable for any losses that are incurred by the Website due to the misuse of your account.
You may not share your account, password or username with any other person. Excessive viewing and logins may be deemed as fraudulent and your account may be terminated or suspended at the discretion of the Website without refund.
TAXES, DUTIES and ADDITIONAL FEES
Sales taxes are not included in prices within Canada. Taxes are calculated according to the current tax rate of the province that appears as your billing address. No sales taxes apply to US orders.
Additional credit card International fees: We are a Canadian company, so although you are charged in US dollars, some credit card companies will still consider us as foreign and may charge an international fee ( ± 1%). We are not responsible for credit card conversion fees, foreign fees or banking fees. Please contact your bank directly with questions regarding these fees.
International orders ( outside of the United States and Canada) may be subject to additional customs, duties, or taxes. These charges will be in addition to any shipping and handling fees that we have charged you. These additional fees will be determined by the destination countries Customs Officers at point of entry into the country and are usually required to be paid upon delivery. Charges are based on the value of the merchandise and are usually less than sales tax. It is the customer's responsibility to pay these charges if deemed necessary.
The Essentrics TV platform price includes all taxes. The cost of a monthly membership in Canadian Dollars excluding taxes by Province is as follows:
British Columbia: $14.95
New Brunswick $14.56
Newfoundland and Labrador $14.56
Northwest Territories: $15.95
Nova Scotia $14.56
Prince Edward Island: $14.56
The Esmonde Technique and the Website hereby grant you a nonexclusive, non-transferable, limited, non-commercial revocable right to use the Website, solely for your own personal use. The content on the Website is the property of The Esmonde Technique. The content includes but is not limited to the trademarks, ESSENTRICS workouts, style of the Website as well as the presentation. Site Content may not be downloaded, copied, stored, modified, translated, broadcast, transmitted, distributed, performed, published, displayed or made available beyond the confines of the Website and Terms for any purpose whatsoever. These limitations are considered under the terms of Fair Use according to copyright law. Unauthorized or inappropriate linking to the Website is prohibited.
You must not film, record, stream live video, create DVDs or reproduce Essentrics workouts or classes in any manner. Essentrics videos, DVDs, Instructor materials and Pre-Choreographed Workouts (PCWs) are fully protected under U.S. copyright laws, and any unauthorized duplication, exhibition, distribution or use without prior approval from the Esmonde Technique is prohibited.
**MARCH 17th, 2020 UPDATE**
Given the current situation and the public health initiatives to reduce our exposure to public spaces and large groups, we are very aware of the implications on our Essentrics Instructors and clients alike. With this in mind, we have decided to remove the restriction for Instructors to offer live (not pre-recorded) classes to their existing clientele online through one of the digital communication platforms listed below, until May 31st, 2020. This will enable instructors to teach only the classes they were already teaching, and only to their current and existing active clientele, by offering their classes online live to a private audience.
With the temporary guideline changes, please keep the following in mind:
- Your classes may be offered online/digitally live (not pre-recorded) to an existing individual client or to a closed/private group of your existing, active clients.
- You are permitted to teach live classes to your existing clientele via one of the following online tools:
- Microsoft Office
- Any other comparable platform that is not open or visible to the public
- You may not promote or actively market your live digital class offering outside of your current active clientele, nor via any social media platform or campaign outside of your private client group(s).
This excludes any live or pre-recorded broadcast of your classes to a public Facebook or Instagram audience, to the broader public, or to any of your followers who are not current clients of yours. The pre-existing restriction remains in place for any public broadcast of your live Essentrics classes via:
- Facebook Live video
- Facebook video (Regular)
- Instagram Story
- Instagram Live video
- Instagram video (regular)
- YouTube Live Video
YouTube Video (Regular)
We understand that each Level has required Apprentice teaching hours as part of the certification requirements. For this interim time, until May 31st 2020, any full one-hour Pre-Choreographed Workout classes you teach online can count towards those hours. You will need one volunteer from each online class to agree to provide their name as your participant.
If you have been presented with an opportunity to offer live (not pre-recorded) online classes through a partnership with or at a gym, please contact Head Office to discuss. Please also do not hesitate to reach out to discuss any of the items mentioned for these provisional terms, we want to support you as best as we can.
The aforementioned restrictions exist to maintain the quality and integrity of the Essentrics technique and brand. All Essentrics® Pre-choreographed Workouts are protected by Copyright, and only The Esmonde Technique has the right to distribute the workouts digitally. The Esmonde Technique also retains the right to host digital non-live recordings (pre-recorded) of Essentrics® workouts online.
TERMS AND TERMINATION
These Terms are in full effect as long as they are posted on the Website. The Terms may be modified but you agree to acknowledge that they remain in full force. You may request to remove your account on our Website at any time by contacting us. The Esmonde Technique reserves the right to terminate/suspend/disable/cancel your account/membership/registered user status at any time, with or without notice to you, with or without cause, and without liability to you.
DISCLAIMER OF WARRANTIES
This website is offered “as is”, and neither The Esmonde Technique nor its directors, officers, partners, agents, employees, suppliers or affiliates make representations of warranties of any kind.
GRANT OF INSTRUCTOR CERTIFICATION LICENSE
Subject to the terms hereof, Essentrics grants Instructor a limited, nonexclusive, nontransferable, revocable license, without warranty, (i) to use the Essentrics Marks to promote and teach Instructor’s Essentrics classes and approved events, and to use the Essentrics name solely to identify Instructor as a Certified Essentrics Instructor (“License”); and (ii) following completion of the specific training and exams respective to the Certification Track, to use the Essentrics Marks associated with that track (e.g., following the Essentrics® Aging Backward track, Instructor may use the Aging Backwards marks to promote and teach Aging Backwards® classes).
INDEMNIFICATION AND RELEASE
COPYRIGHT AND TRADEMARKS
The trademarks, logos and displayed Content on the Website are proprietary, use of which is licensed exclusively to The Esmonde Technique. The Esmonde Technique is the authorized licensee of all text and all graphics contained on the Website. You may not use any of the Content on the Website without explicit permission from The Esmonde Technique.
Notwithstanding any other Terms, The Esmonde Technique shall not be liable for failure to perform hereunder if such failure is caused by an occurrence beyond our reasonable control, including but not limited to: fire, flood, strike, power outage or other industrial disturbance, failure of transport, denial of service attack, accident, war, riot, insurrection, acts of God or acts of civil or military authority.
These Terms are construed under the ways of the province of Quebec, Canada. Any legal action will be filed in the province of Quebec, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any action at low or in equity arising out of or relating to your use of the Website or these Terms.
CONSENT TO THESE TERMS
By accessing and using the Website as a visitor or as a registered member you are consenting to and acknowledging these Terms. If you have any questions or comments please send them to email@example.com.