Terms and Conditions
Humani ™️ Teacher Training Participation Agreement
Welcome to the Humani™️ Teacher Training Program (“Program”); we are thrilled to be able to work with you. This Participation Agreement governs all participants who enroll in the Humani™️ Teacher Training Program. As a condition of your participation in the Program, you agree to abide by all policies and procedures as outlined in this Agreement.
Overview
The terms “Company”, “we”, “us”, and “our” refer to Humani Studios, Inc. The term “Site” refers to humanimoves.com. The term “Participant”, “user,” “you” and “your” refers to the participant enrolled in the Program, and any other users of the site. The terms “Service” and “Program” refers to the services included in Humani™️ ️ Comprehensive Teacher Training as outlined below.
1. Nature of the Programs
(a) In Person - The Humani™️ ️ Teacher Training Program includes the following:
Online access to a library of instructional videos and resources via a secure membership portal for twelve (12) months;
Live group instruction in the Humani Studio in Sacramento;
Access to the Humani Studio for practicing on Pilates equipment at designated times*.
*Access to the Humani Studio may only be accessed while you are a current program member.
(b) Virtual - The Virtual Program includes the following:
Online access to a library of instructional videos and resources via a secure membership portal for twelve (12) months;
Monthly group coaching within the Virtual Group Coaching Program.
(c) What’s not included?
Makeup sessions. If you are unable to attend a session, there is no option to book or attend a makeup session.
Direct access between group sessions. Both of our programs are group programs. Any questions you have should be asked during the group sessions, not directly to any Team member.
PLEASE BE ADVISED: WHILE THE COMPANY WILL MAKE ALL REASONABLE ATTEMPTS TO STAFF ALL SERVICES SET FORTH IN THIS AGREEMENT, THE COMPANY MAKES NO GUARANTEE TO STAFF ANY PARTICULAR TEAM MEMBER FOR ANY EVENT. THE COMPANY RESERVES THE RIGHT TO MAKE ALL STAFFING AND PERSONNEL DECISIONS PURSUANT TO THE COMPANY’S OWN DISCRETION AND THE AVAILABILITY AND CAPACITY OF ITS TEAM MEMBERS.
2. Payment.
In consideration for the Services provided as set forth in Section 1 above, you agree to pay us the current program fee at the time of joining as one lump sum payment for 12 months of access or in monthly payments as selected on the checkout page when you enroll.
Monthly Payment Date. If you select the monthly option, the Company will charge your card monthly on the same day, beginning on your enrollment date (the Monthly Payment Date). If the Monthly Payment Date is on the 29th, 30th, or 31st, then upon reaching a month that does not contain 29, 30, or 31 days (whichever applies), the Monthly Payment Date shall default to the last day of the month and revert to original payment date after that. For example, if your enrollment is purchased on the 31st of July 2024, the following 2 payments will be charged:
August 31, 2024
September 30, 2024 (the last day of a month that does not contain a 31st day).
(c) Declined payments. If your card is declined for any monthly payment, you will receive an email notifying you of the declined charge and requesting an updated card. If you have yet to provide payment for a successful charge within 3 days, another attempt will be made. If your card declines again, your access to the Program will be suspended until payment is made.
(d) Collections. If your Program fees remain unpaid after the final email warning, your access will be revoked, you will be removed from the Program, and your account will be referred to our collections agency.
(e) Payment Security and Chargebacks. To the extent that Participant provides Company with Credit Card(s) information for payment on Participant’s account, Company shall be authorized to charge Participant’s Credit Card(s) for any unpaid charges on the dates set forth. If Participant uses the flexible monthly payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Participant shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Participant is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated with collecting fees. Participant shall not change any of the credit card information provided to Company without notifying Company.
(f) Participant responsibility. You understand that your success in the program is dependent upon your level of participation. In order to get the most out of the Program, you must also work to implement the tools, strategies, and techniques learned throughout the Program and make considerable efforts toward your own personal and professional development on your own time during the program term. You are responsible for requesting support from us if needed.
(g) Passwords.
You agree to keep your user details and password for the membership site confidential at all times and not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account, and you shall indemnify us against all claims, damages, losses, costs or expenses, and any other liability that arises from such use.
3. Term.
The term of this Agreement shall begin on the date of the first payment for the Program- and continue for twelve (12) consecutive months.
4. Cancellation and Refunds.
There is a strict no-cancellation, no-refund policy.
5. No Guarantees.
We cannot guarantee the outcome of the Program and our comments about the outcome are expressions of opinion only. We make no guarantees other than that the Program described in Paragraph 1(a) shall be provided to you in accordance with these Terms and Conditions. You acknowledge that we cannot guarantee any results of the Program as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by us.
6. Confidentiality and Non-Disparagement.
We respect your privacy and insist that you respect our privacy. Any Confidential Information shared by Participants or any representative of the Company is confidential and proprietary and belongs solely and exclusively to the person who discloses it. You agree not to disclose, reveal, or use any Confidential Information verbally or in writing.
You also agree that neither you nor any of your associates, employees, or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize, or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication, or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward Company, or any of our programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
7. Ownership of Intellectual Property.
Participant understands and agrees that the Program contains proprietary content that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws (“Intellectual Property”). The company retains the sole right to use, reproduce, and distribute the Intellectual Property worldwide in any and all mediums. Company grants Participant a license to use the Intellectual Property solely for Participant’s own non-commercial purposes. Participant agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. To avoid doubt, Participant agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, videos, or the like based on Company’s Intellectual Property or that in any way violates Company’s Intellectual Property. Any registered or common law trademark, service mark, logo, or tagline used in conjunction with the Program is the property of the Company. Participant may not use such trademarks or service marks for any purpose except with written permission by Company.
8. Certification.
Only upon successful completion of the certification process and receipt of a certificate will Participant be entitled to identify themselves as a Humani™️ Certified Instructor. Participant agrees not to misrepresent their training and level of certification to clients and/or employers.
9. Representations and Warranties.
(a) Company’s Warranties: Company represents, warrants, and covenants that Company has full authority to enter into these Terms and Conditions, and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Participant’s Warranties: Participant represents, warrants and covenants that Participant has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Participant’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
10. Limitation of Liability.
In consideration of and as part of the payment for the right to participate in the Program, Participant, and their heirs, executors, administrators, successors, and assigns does hereby RELEASE, WAIVE, ACQUIT, DISCHARGE, INDEMNIFY, DEFEND, HOLD HARMLESS AND FOREVER DISCHARGE THE HOST AND/OR COMPANY, and its owners, subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the staff or other participants taking part in the Program in any way OF AND FROM ALL ACTIONS, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING FROM THE NEGLIGENCE OR FAULT OF THE ENTITIES OR PERSONS RELEASED, FOR DEATH, DISABILITY, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY THEFT, OR ACTIONS OF ANY KIND WHICH MAY OCCUR TO PARTICIPANT DURING THE PROGRAM OR DURING THE TRAVEL TO AND FROM THE HUMANI STUDIO, CAUSES OF ACTION, CONTRACTS, CLAIMS, SUITS, COSTS, DEMANDS AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN EQUITY arising from Participant’s participation in the Program.
Participant is fully responsible for all decisions made in conjunction with the Program and Participant alone will determine which activities they will participate in. Participant further understands that they DO NOT HAVE TO PARTICIPATE IN ANY ACTIVITY AND MAY WITHDRAW FROM PARTICIPATION AT ANY TIME. Participant agrees to use their own free will and discretion, considering their physical and mental health, when deciding if it is appropriate to participate in the Program.
11. Covid Liability Waiver.
Participant is aware and understands that their attendance at the Humani Studios may potentially put them at risk of serious illness, injury, and/or death. Participant acknowledges that they are aware of the COVID-19 virus and its ability to be transferred from person-to-person contact. Participant is also aware that any person may carry the virus and be asymptomatic. Participant understands that Company cannot guarantee that Participant will not become infected with COVID-19, despite the Company’s best efforts to abide by state and federal guidelines surrounding COVID-19. Participant acknowledges that their participation at the Humani Studio, where applicable, is of their own free will and completely voluntary, regardless of anything stated or implied. Participant agrees to accept and assume any and all risks of illness, injury, or death.
12. Disclaimer.
To the extent permitted by law, Company shall not be liable to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to your purchase of our Programs, including, but not limited to, loss or damage you might suffer as a result of:
errors, mistakes, or inaccuracies on the website;
you acting, or failing to act, on any information contained on or referred to in the Program;
personal injury or property damage of any kind resulting from your access or use of the website, content, or resources provided.
Participant understands that any mention of any method or technique recommendation within the Program is to be taken at their own risk, with no liability on the part of Company, recognizing that there is a chance that illness, injury, or even death could result, and you agree to assume all risks.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS, OR SERVICES INCLUDED ON THE WEBSITE OR THROUGHOUT THE PROGRAM. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
13. Indemnification.
Participant agrees to indemnify and hold harmless Company, its owners, officers, agents, and employees against any and all damages, claims, expenses, or other liability due to bodily injury, personal injury, or death arising out of Participant implementing the techniques and strategies contained in the Program.
14. Entire Agreement; Modification; Waiver.
These Terms constitute the entire agreement between the parties pertaining to the subject matter and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of these Terms and Conditions shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
15. Assignment
These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Participant may not assign any of its rights under these Terms and Conditions, except to a wholly owned subsidiary entity of Participant. No such assignment by Participant to its wholly owned subsidiary shall relieve Participant of any obligations or duties under these Terms and Conditions.
16. Governing Law; Venue; Mediation
These Terms and Conditions shall be construed in accordance with and governed by the laws of the State of California as applied to contracts executed and performed entirely in California. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Participation Agreement by negotiation, which may include going before a certified mediator, or the parties are unable first to negotiate a settlement without such assistance. The parties further agree that their respective good faith participation in negotiation discussions is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
17. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
18. Severability
If an arbitrator or court of competent jurisdiction holds any term, provision, covenant, or condition of these Terms and Conditions to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
19. Force Majeure
We shall not be liable for any costs or damages due to any delay or nonperformance of an obligation under this Agreement arising from extraordinary events beyond our control, including acts of God, natural disaster, war, governmental action, outbreak or pandemic, or power failure.
By accepting these terms and conditions, you certify that you have fully read, understood, and agreed to the abovementioned terms.