Terms of service

Last updated on December 11, 2020

This website, GarrettPlumley.com (“Site”) is owned and operated by Garrett Plumley, Peronal Trainer and Yoga Teacher, a sole proprietor business operating under the laws of Ontario, Canada. In these Terms, “I”, “me” and “my” refer to Garrett Plumley and the terms “you” or “your” refer to any individual user of my Site.

NOTICE: It is your responsibility to carefully read these Terms of Use (“Terms”) prior to using my Site or purchasing or accessing any of my services, products and free or paid offerings, including my online courses (collectively, “Offering(s)”). These Terms govern and define your use of the Site and Offering and are legally binding on you.

USE OF MY SITE AND OFFERINGS

When you accessed my Site and/or Offering(s) you were given reasonable notice that these Terms existed. By accessing and continuing to use my Site or Offerings, or by clicking to accept or agree to these Terms when the option is made available to you, you expressly agree to be legally bound and abide by these Terms and the associated Privacy Policy whether or not you have read them. If you do not agree with these Terms or my Privacy Policy, you must not use or access my Site or Offerings.

You must be at least 16 years old or the necessary age in your country of residence to use my Site. Otherwise this is a violation of use. I reserve the right to terminate your access if it is discovered you are a minor.

While I aim to keep this Site as up-to-date as possible, I cannot guarantee that all content on my Site is entirely accurate, complete, or up to date. I reserve the right at any time to modify or discontinue, in whole or in part, any Offering or prices for any Offering on my Site, without notice. I am not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Offering.

If you wish to have any of your personal information and/or access to my Site removed, you may email privacy@caitlynmacmaster.com and I will make reasonable efforts to do so. More information about how I collect, process and store your personal information can be found in my Privacy Policy.

PROGRAM / COURSE USE AND CONSENT

When you purchased or opted-into any Offering on my Site, you were given reasonable notice that these Terms of Use existed. By purchasing and accessing any Offering you agree to abide by these Terms of Use, confirm you are aware of any disclaimers, and acknowledge and agree to my Privacy Policy.

By purchasing or accessing any Offering, you further warrant to me that you are at least 18 years old or the applicable age of majority in your jurisdiction. Purchasing or accessing my Offerings if you are a minor is a violation of use, and I reserve the right to terminate your access if it is discovered you are a minor.

INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS

Intellectual Property Rights

All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) on My Site, Offering or posted on social media is owned by me, unless attributed otherwise. All content on my Site and in any Offering is proprietary to me and you may not modify, whether in whole or in part, any of my Intellectual Property as this is a violation of federal law.

If you wish to use, publish or refer to any of my Intellectual Property, you must do so by first requesting permission by emailing me at forestforthetreesyoga.com. Permission is not granted until you receive confirmation in writing from me and any terms I outline for use, which may include you providing obvious credit to me and including a back link to the webpage on my Site or to the social media platform where my Intellectual Property was originally posted. In no event do you obtain any rights or ownership in my Intellectual Property, or may you claim that it is your own content or creation.

If you have any questions relating to how you may use my Intellectual Property please send your questions to forestforthetreesyoga.com.

LIMITED LICENSE

Any and all materials that you access as part of any Offering through my Site or related domain are under the sole ownership or licensed use of Garrett Plumley, including all Intellectual Property.

When you purchase or opt-in to any Offering, you receive a limited, non-transferable, non-exclusive, royalty free license for your non-commercial purposes only to access the content or materials provided to you by me as part of the Offering. You do not obtain any ownership interest or other rights to the materials and all copyrights remain with me. As a condition of your use of any materials provided to you, you may not, under any circumstances, reproduce, copy, modify, sell or use such materials except as it was originally intended when it was provided by me to you, including sharing with any third-party, including members of your business or team. If it is determined that you have breached this limited license, this will be considered infringement of my Intellectual Property rights and I specifically reserve the right to seek damages, an injunction, or any such other available legal remedy in my sole discretion.

As part of your limited, non-transferable, non-exclusive royalty-free license you may (i) access the Offering for your personal use only; (ii) download or print any of the materials provided to you as part of the Offering for your personal use or personal use in your business only; and (iii) use any of my Intellectual Property with my prior written consent so long as all materials show “©Garrett Plumley” as the source of the materials and marking any of my federally registered trademarks with “®” or my common law trademarks with “™”. If you wish to use or publish any of my content, resources or materials provided to you as part of the Offering you must first write to me at forestforthetreesyoga.com and receive an affirmative response indicating my consent. I reserve the right to decline.

Violations and Indemnity

I take violations and infringement of my Intellectual Property rights seriously. I expressly reserve the right to take whatever legal steps necessary to protect and defend my Intellectual Property. Violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold me harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of my Intellectual Property and my enforcement of my rights.

Media Release

By purchasing any Offering, you grant me a commercial license to use any image(s), including any containing your likeness, that you submit to me whether voluntarily or by default, such as your profile picture on any social media platforms, for my future business use.

FEES AND REFUNDS

Fees

Fees are as listed on my Site and in Canadian dollars (CAD). I reserve the right to change my Fees at any time and without notice to you.

Refunds

I do not provide refunds except in instances where I am unable to deliver the committed Offering(s). Any refunds issued will be in my sole discretion and determined on a case-by-case basis.

Chargebacks

You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution or any third-party payment processor I use to process payment on my Site. By initiating any chargeback dispute, you expressly agree to forfeit any and all bonuses, affiliate bonuses, or other materials or resources provided to you. I reserve the right to present proof of your access to the Offering and your acceptance of these Terms to any third party investigating the dispute.

Payment Authorization

If any payment is recurring or made via a payment plan, you authorize continued access to your financial information stored in any third-party payment processor I may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout.

SECURITY

Security

If at any time you are required to create a username and password to access any of my Offerings, it is your responsibility to protect your username and password from theft or any other unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify me immediately by sending an email to forestforthetreesyoga.com.

Use of Third-Party Applications

In order to run my Site and provide my Offering(s), I use a number of third-party applications, such as for processing payment, delivering electronic newsletters, booking systems, etc. For more information as to how your personal information is collected, stored and processed, please refer to my Privacy Policy. You understand it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of use for any third-party application used by my Site, please discontinue use of my Site and Offering(s) immediately.

Your Communication with Me

By submitting a comment, photo, video or other materials to my Site, any platform I use to provide the Offering(s), or any other platform owned or maintained by me, you grant me a non-revocable, commercial license to re-publish your submission, in whole or in part, unless you expressly state that I may not do so. You acknowledge that I have no duty of privacy or confidentiality to you by accessing my Site or purchasing any Offering(s) and I reserve my right to disclose your participation in the Offering(s).

Any communications made through my contact form, blog comments, membership community, social media pages or other related pages, or directly to my phone(s), mailing or email addresses is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. I own any and all communications displayed on my website, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how I store and use your communications or any information provided by you in those communications, please refer to my Privacy Policy.

I maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of my business. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. I reserve the right, in my sole discretion, to block your access to my Site and Offering(s) as a result of any such behaviour that I deem inappropriate.

Prohibited Behaviour

By using my Site, you agree not to misuse or tamper with my Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of my Site. I will immediately report any such breach or what I deem in my discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold me harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of my Site and/or your breach of these Terms.

ASSUMPTION OF RISK AND DISCLAIMERS

Assumption of Risk

Use of this Site is at your own risk. While I host my Site on a reputable platform and take commercially reasonable efforts to maintain and host the Site, I make no representations, warranties or guarantees as to your individual safety when using my Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, in Services or Offering(s), or any other pages, platforms or profiles maintained by me and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.

Warranties

Disclaimer I make no warranties as to my Site, the Offering(s), or any related materials. You agree that my Site and any and all Offerings are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible by applicable law, I expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Guarantees

While I may reference certain results, outcomes or situations on this Site or Offering(s), you understand and acknowledge that I make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on my Site or as part of the Offering.

General Disclaimer

To the fullest extent permitted by law, I expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of my Site and/or any Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract, or otherwise, and whether foreseeable or unforeseeable.

I am not a medical, legal, financial, or other regulated professional. As a certified personal trainer and yoga teacher, your use of my Site or purchase of my Offering(s) does not mean I am providing medical, legal, financial, or other professional services to you and no part of my Site, Offering(s) or any related content or materials are to be construed as medical, legal or financial advice. I expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this Site and/or Offering.

Results Disclaimer

You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of guaranteed results. Each individual user approaches my Offering with different background, disposable income level, motivation, and other factors that are outside of my control. I cannot guarantee your success or outcomes merely upon access of my Site or your use of my Offering(s).

Third-party Disclaimer

You acknowledge and agree that I am not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.

Technology Disclaimer

I make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access my Site and Offering(s). In the event of a technological failure, you accept and acknowledge that I am not in any way responsible or liable for said failure and any resulting damages to you or your business. While I will make reasonable efforts to support you, some technological issues are outside my control and you may need to access support from a third-party provider. I do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Offering(s) are free of viruses or other harmful components. I do not warrant or make any representations regarding the use or the results of the use of my Site, Offering(s), or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Confidentiality

By visiting my site, no Coach-Client relationship is formed. I owe you no duty of confidentiality or other professional duty as a result of your use of my Site and/or Offering, unless we have expressly agreed to enter into a Coach-Client relationship together via separate written contract (Coaching Agreement).

Third-Party Contributors

I may provide content to you written by third-party contributors on my Site. While I make my best effort to ensure all of our writers are qualified in their industry and reflect my values, I make no guarantees of quality or accuracy. All written content on the Site are opinion pieces and must not be interpreted as my opinion or as specific advice. I am not liable for any third-party contributors’ content or opinions. You must not rely on my Site content or third-party contributors’ opinions and always seek the appropriate professional advice.

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

 Health Disclaimer and Representations
By using the Website you recognize that you are participating in yoga classes, health programs, video and audio programs, workshops and/or other wellness, exercise and healing arts activities offered by the Garrett Plumley both in the physical facilities of the studio or online (collectively, the “Activities”). You recognize that you must be in adequate physical and mental health to participate in the Activities. You understand that the Activities may require intense physical exertion, and you represent and warrant that you are physically fit enough to participate and you have no medical condition which would prevent your full participation in the Activities. You recognize that the Activities may cause or aggravate a physical injury or medical condition. You understand that it is your responsibility to consult with a physician before your participation in the Activities. If you have done so, you have taken the physician’s advice. If you have any of the Risk Factors (as defined below) for increased risk of coronavirus infection (“COVID-19), you will consult with a physician before you participate in any Activities at the physical location of the Studio and will follow the physician’s advice.

You are aware that your participation in the Activities could result in high blood pres- sure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. You understand that you could experience muscle, back, neck and other injuries as a result of your participation in the Activities. Not all exercises are suitable for everyone. You understand your physical limitations and you are sufficiently self-aware to stop or modify your participation in any Activity before you become injured or aggravate a pre-existing injury.

You are aware that your participation in the Activities at the physical location of the Studio could result in exposure to COVID-19. You are aware that, if you are over the age of 65 or have an underlying medical problem (such as asthma, chronic kidney or lung disease, diabetes, hemoglobin disorders, immunocompromised or with significant liver disease, heart conditions, obesity or pregnancy) (collectively, “Risk Factors”), you have an increased risk of contracting serious medical issues or potential death if you are exposed to COVID-19.

You understand that it is your responsibility to judge your physical and mental capabilities for the Activities and to ensure that, by participating in the Activities, you will not exceed your capabilities while performing such activity. You will select the appropriate level of classes for your skills and abilities, as well as for any limitations you have. You understand that instructors may suggest the use of props, equipment, poses, modifications, and instruction and it is your sole responsibility to determine if any such instructions are appropriate for your level of ability and physical and mental condition.

You understand that the Company is not a medical organization. Its instructors and staff are not medical doctors and they cannot and will not give you any medical advice or diagnosis. Nothing contained in the Website should be construed as any form of medical advice or diagnosis.

Release, Indemnity and Waiver

My Site, Offering(s), and related materials are provided for educational and informational use only. You agree to indemnify release and save harmless Garrett Plumley, and its directors, officers agents, employees, contractors, volunteers, heirs, executors, administrators, successors, and assigns, as applicable (collectively, “Released Parties”) for any direct or indirect loss or conduct incurred as a result of your use of the Site, Offering(s), or any related communications, including as a result of any consequences incurred from technological failures such as a payment processor errors or technological malfunctions. You further waive any right you may have against the Released Parties and any legal recourse for any damages, costs, losses or expenses you may incur as a result of your use of the Site or any Offering(s). You acknowledge this release of liability is binding on your heirs, executors and anyone else who may be able to bring a legal action on your behalf in the future.

Limitation of Liability

I will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or in relation to my Site or the Offering(s). I do not assume liability for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access of my Site and Offering(s).

Affiliates

I may use affiliate links to sell certain products or Offering(s) on my Site. In doing so, I disclaim any and all liability as a result of your purchase through one of the links, including but not limited to, the delivery, quality and safety of the purchased product or service. I will use reasonable efforts to notify you when and where I have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on my Site or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site, Offering or products.

Termination of Your Use

If at any time I believe that you have violated these Terms, I shall immediately terminate your use of my Site, access to Offering(s), and any related communications as I deem appropriate and in my sole discretion. At any time, I may block or revoke your access to my Site and Offering(s) at any time without notice, and if necessary, block your IP address from further visits to our Site.

Full Agreement

You acknowledge that these Terms of Use, together with my Privacy Policy, constitute the full agreement relating to your use of the Site and any Offering(s).

Governing Law and Jurisdiction
Any legal action brought against the Company shall be governed by the laws of the Province of Ontario without regard to its conflicts-of-law rules. Any claim asserted against the Company shall be heard and determined in the federal or provincial courts located in Ottawa, Ontario, Canada. Users of the Website agree not to commence any litigation relating to the use of any of the Website, except in courts located in Ottawa, Ontario, Canada.

Severability

If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

All Rights Reserved

I reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of my Terms at any time by visiting this page. Your continued use of or access to the Site and/or Offering(s) affirms your acceptance of any changes to these Terms. All rights not expressly set out and granted in these Terms and Conditions of Use and/or my Privacy Policy are expressly reserved by me.

Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Content or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Privacy Policy
Information provided by users to the Company is governed by the Company’s privacy policy. By using the Website, you signify your acceptance of this Privacy Policy. We encourage you to read the privacy policy at your convenience. Click here for the link to our privacy policy.

Contact Me

If you have any questions about these Terms of Use, please send an email to: forestforthetreesyoga.com