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SIMPLE Strength Terms of Use

Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using SIMPLE STRENGTH  (hereinafter referred to as the “Program”). The Program and its content are owned by Sara Hodgson + Hodgson Strength & Conditioning LLC.

1. Definitions :

“Company”, “We”, “I”, “Our”, or “Us” means Sara Hodgson + Hodgson Strength & Conditioning LLC.

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.

“You” “User” or “Your” means the purchaser and person using the Program.

 

2. Consent:

By participating in the Program, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.

 

3. DISCLAIMER:

By participating in the Program, you understand that Sara Hodgson is a Certified Strength & Conditioning Specialist. They are not medical doctors, dietician, psychologists/psychiatrists, or other licensed medical professionals. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional first before trying them.

This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.

Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.

 

4. Assumption of the Risk:

YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your physician before attempting to participate in the Program.

By participating in the Program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in the Program.

 

5. Intellectual Property Ownership:

The Program and its content, including, but not limited to, workout sessions, workout program related materials and pdfs are intellectual property owned by Sara Hodgson + Hodgson Strength & Conditioning LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

 

6. No Sharing:

You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.

 

7. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique, and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

 

8. DISCLAIMER - No Warrantees, Guarantees, or Representations Are Being Made:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.

 

9. Your Release of Us, Indemnification, Hold Harmless:

To the fullest extent permitted by law, Hodgson Strength & Conditioning LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Hodgson Strength & Conditioning LLC from any and all claims.

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Hodgson Strength & Conditioning LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Hodgson Strength & Conditioning LLC as stated in this section herein.

 

10. Our Refund Policy:

We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Program, refunds will not be issued for the Program once it is purchased. If you have any questions or concerns, or if there is anything, we can do to make your experience a more pleasant one, please email Sara at hodgsonstrength@gmail.com

 

11. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Sara Hodgson at hodgsonstrength@gmail.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Sara Hodgson + Hodgson Strength & Conditioning LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 15 MILES miles of [Tinley Park, IL.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Illinois. The only award that can be issued to you is a refund of any payment made to Hodgson Strength & Conditioning LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

 

12. Limitation of Liability:

Sara Hodgson + Hodgson Strength & Conditioning LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

 

13. Payment + Purchase Terms

When you pay for the Program by credit card, you authorize and give permission to Hodgson Strength & Conditioning LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant PayPal or Moonclerk, who may have privacy policies or security practices that are different than ours. Sara Hodgson + Hodgson Strength & Conditioning LLC is not responsible for the merchant’s independent policies or practices.

In the event that payment is not successfully made by the due date, you have a three (3) day grace period to make your payment of the Program. If such payment is not received, your access to and participation in the Program will not continue. If you fail to make payment within the grace period or at any other time, you are still responsible for all payments for the full cost of the Program.

If you choose the monthly installment payment plan for the Program, you hereby authorize and give permission to Hodgson Strength & Conditioning LLC to automatically charge your credit or debit card as payment for the Program, for which you will receive an electronic receipt, at the time in which payment is due without any additional authorization from you.

In the event that payment is not successfully made by the due date, you have a three (3) day grace period to make your payment of the Program. If such payment is not received, your access to and participation in the Program will not continue. If you fail to make payment within the grace period or at any other time, you are still responsible for all payments for the full cost of the Program.

14. Severability

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.

If you have any questions about the Terms of Use, please contact Sara Hodgson at Hodgson Strength & Conditioning LLC. Thank you.

GROUP PROGRAM AGREEMENT

SIMPLE Strength

This Group Program Agreement (hereinafter referred to as the “Agreement”) effective as of your date of enrollment (hereinafter referred to as the “Effective Date”), made by and between [Hodgson Strength & Conditioning LLC (hereinafter known as the “Company”) and you the buyer (hereinafter referred to as the “Client”). Together, the Company and the Client are collectively referred to herein as the “Parties”.

WHEREAS, the Company provides resistance training programming, coaching, fitness/training/exercise programs (“Services”); and

WHEREAS, the Client wishes to retain the Company and accepts the terms of the Agreement as set forth herein for the Company to provide such Services.

NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agree as follows:

 

1. DESCRIPTION OF SERVICES

The Company agrees to provide resistance/fitness training programming for SIMPLE Strength (hereinafter referred to as the “Program”). The Program includes:

● 3 strength training sessions a week, released on a monthly basis. Access to bonus educational content.

● This is a 6 month planned program that begins at check out and can be cancelled anytime.

● The Client can ask questions or receive email support by contacting Sara at hodgsonstrength@gmail.com

The Program runs for 6 months starting on the start date that you elect upon signing up. NO refunds will be issued. You can cancel anytime.

 

2. DISCLAIMER

The Client understands that the Company is a Certified Strength and Conditioning Specialist

The Company is not a nutritionist, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with his/her physician before implementing changes or habits suggested by the Company. The Client confirms that s/he has or will discuss any and all changes to his/her diet, exercise regimen, supplements, medications, or lifestyle with his/her physician or qualified medical professional beforeimplementing any suggested or offered changes, additions, or alterations to his/her lifestyle. The Client understands that the Company is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist.

Further, the Company has not promised, nor shall she be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in his/her life.

 

3. EXPECTATIONS

The Company requests the Client to:

● Understand and acknowledge that SIMPLE Strength does not include 1 on 1 coaching. This is not an individualized or customized program with check ins or feedback, nutrition advice, or training video analysis.

● Acknowledges that there may be a 24-72 hour delay in response to any inquiries submitted.

● Understand and acknowledges that cancelling should be completed through your online account no less than 7 days before the next payment withdrawal date.

● Understand and acknowledges that participation and commitment to program completion are up to you as the buyer. No results are guaranteed.

4. TERM

The Program is a reoccurring subscription for 6 months in length and begins  at checkout (the “Term”). The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.51. 5

 

5. TERMINATION

The Company is committed to providing the Client with a positive experience in the Program. By agreeing to and signing the Agreement, the Client understands that the Company may, in its sole discretion, terminate the Agreement and limit, suspend, and/or terminate the Client’s participation in the Program without a refund or forgiveness of monthly payments if the Client becomes disruptive or violates any term of the Agreement.

If the Client chooses to terminate the Agreement at any time, no refunds will be issued.

 

6. PAYMENT

The total price of the Program is 6 monthly recurring payments of $60 USD for a total of $360 USD. The Client shall pay via credit card upon sign up and then monthly reoccurring payments will proceed until program ends.

7. REFUND POLICY

The Client is responsible for the monthly payment, regardless of whether the Client completes or participates fully in the Program. NO REFUNDS will be issued once the Program begins.

8. CONFIDENTIALITY

The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party throughout the Term of the Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.

Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will (i) provide the Company with prompt notice of such requirement prior to the disclosure, and (ii) give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Confidential Information from disclosure.

9. NON-DISCLOSURE OF COMPANY MATERIALS

Material given to the Client in the course of the Program is proprietary, copyrighted and developed specifically for and by the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.

The Company’s Program is copyrighted and the original materials that have been provided to the Client are for the Client's individual use only and are granted as a single-user license. The Client is not authorized to re-sell, share, or use for profit any of the Company’s intellectual property. All intellectual property, including the Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted nor implied.

Further, by signing below, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

10. APPLICABLE LAW + VENUE

This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Illinois, United States as they apply to contracts entered into and wholly to be performed in the State of Illinois, United States. The Federal and State courts within the State of Illinois, United States shall have exclusive jurisdiction to adjudicate any dispute arising out of or from this Agreement.

11. ENTIRE AGREEMENT; AMENDMENT; HEADINGS

The Agreement constitutes the entire agreement between the Parties with respect to their relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth by writing, specifying such waiver, consent, or amendment, signed by both parties.

The headings of Sections in the Agreement are provided for convenience only and shall not affect its construction or interpretation.

12. COUNTERPARTS

The Agreement may be executed in one or more counterparts (including by means of mail or electronic mail/e-mail via PDF), each of which shall be deemed an original, but all of which together will constitute one and the same instrument.

13. SEVERABILITY

The provisions of the Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of the Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

14. WAIVER

The waiver or failure of the Company to exercise waiver in any respect, for any right provided herein, shall not be deemed a waiver of any further right pursuant to the Agreement.

15. NO ASSIGNMENT

The Agreement may not be assigned by either of the Parties without the express, written consent in advance of the other Party.

16. FORCE MAJEURE

In the event that any cause beyond the reasonable control of either of the Parties, including, but not limited to: acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

17. NO GUARANTEES, WARRANTIES OR REPRESENTATIONS

The Client understands and agrees that the Client is 100% entirely responsible for his/her progress and results experienced from the Program. The Company will help guide and support the Client, but the Client’s participation in, and dedication to, the Program is one of many vital elements to the Program’s success.

The Company has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the Client’s performance, results, income, revenue, or success. The Client understands that due to the nature of the Program, the results experienced by each Client may vary. The Company does not make any guarantees other than that the Services offered in the Program shall be provided to the Client in accordance with the terms of the Agreement.

18. INDEMNIFICATION

Client agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, employees, representatives, successors, independent contractors, and assigns from all direct and third party claims, demands, losses, causes of action, damages, lawsuits, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against the Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Company.

19. ARBITRATION

Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Georgia. The arbitration hearing shall be held in the state of Georgia. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Company.

I HEREBY CERTIFY THAT I, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE.

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