StrongerU Senior Fitness™ and DROM for Seniors™ Instructor License Agreement

This Agreement is entered into between StrongerU Senior Fitness Inc. (“StrongerU Senior Fitness”), and you (“Instructor”), and is effective as of Instructor's date of enrolment in the StrongerU Senior Fitness™ or DROM for Seniros™ Instructor Course ("New Instructor Effective Date").

Upon completion of the StrongerU Senior Fitness™ or DROM for Seniors™ Instructor Course, Instructor desires to become a subscriber of the StrongerU Senior Fitness™ or DROM for Seniors™ Series and make use of the StrongerU Senior Fitness™ or DROM for Seniors™ choreography and name for the purposes of advertising the Instructors StrongerU Senior Fitness™ or DROM for Seniors™ class.

In consideration of the foregoing, the mutual promises set forth below, and Instructor's subscription to the StrongerU Senior Fitness™ Series, the Parties agree as follows:

1. Definitions. For purposes of this Agreement, the following terms have the following meanings:
- 1.1. Initial Term & Term. The Initial Term is for a period to be set by StrongerU Senior Fitness, shall begin on the New Instructor Effective Date. Following the Initial Term, the Agreement automatically renews for indefinite successive one-month periods unless StrongerU Senior Fitness terminates the Agreement or Instructor cancels his/her subscription pursuant to StrongerU Senior Fitness' cancellation policy ("Term").
- 1.2. StrongerU Senior Fitness™ Marks. Means certain word trademarks and/or service marks owned by StrongerU Senior Fitness, including StrongerU Senior Fitness™, as well as logos.
- 1.3. StrongerU Senior Fitness™ Copyrights. Means certain original literary, dramatic, musical, artistic and other works within the meaning of the Canadian Copyright Act used in association with the Marks. The StrongerU Senior Fitness™ Copyrights are valid, subsisting and in full force and effect.
- 1.4. StrongerU Senior Fitness™ Intellectual Property “IP”. Means the StrongerU Senior Fitness™ Marks and StrongerU Senior Fitness™ Copyrights.
- 1.5. StrongerU Senior Fitness Related Parties. Means StrongerU Senior Fitness’ affiliates, subsidiaries, related companies, employees, directors, officers, agents, vendors and suppliers.

2. Grant of License. Subject to the terms hereof, StrongerU Senior Fitness grants Instructor a limited, nonexclusive, nontransferable, revocable license, without warranty to use the StrongerU Senior Fitness™ Marks to promote and teach Instructor's StrongerU Senior Fitness™ or DROM for Seniors™ classes and approved events, and to identify Instructor as a StrongerU Senior Fitness™  or DROM for Seniors™ Instructor ("License").
- 2.1. Affiliation. All uses of the StrongerU Senior Fitness™ IP must be made in accordance with this Agreement and cannot imply an affiliation with any third party, including an implied affiliation with any brand, organization or company, and/or with any individual not licensed hereunder. Where Instructor wishes to use the name, logo or marks of a third party in connection with the StrongerU Senior Fitness™ IP, Instructor must obtain StrongerU Senior Fitness’ prior approval. Notwithstanding the foregoing, Instructor may use the business name, trade name and/or trademark of a gym or facility where a StrongerU Senior Fitness™ or DROM for Seniors™ class or approved event is being held, so long as such use is subordinate to the StrongerU Senior Fitness™ Marks and the use is permitted by the gym or facility.
- 2.2. Disparagement. Instructor cannot make any unsavoury remarks or comments and/or create any materials or content that StrongerU Senior Fitness determines, in its discretion, dilutes, disparages, or is detrimental to the StrongerU Senior Fitness™ IP, the StrongerU Senior Fitness™ brand or the goodwill associated therewith. Instructor agrees to promptly comply with any instructions from StrongerU Senior Fitness, including the removal, deletion or withdrawal of such remarks, content or materials.
- 2.3. Ownership of the StrongerU Senior Fitness™ IP. StrongerU Senior Fitness owns all right, title and interest in the StrongerU Senior Fitness™ IP and Instructor must not take any action inconsistent with StrongerU Senior Fitness’ ownership thereof. Instructor's use of the StrongerU Senior Fitness™ IP inures to the sole benefit of and is on behalf of StrongerU Senior Fitness. In that regard, StrongerU Senior Fitness shall own all live performance copyright rights in and to any StrongerU Senior Fitness™ classes or events taught by Instructor, including any copyright rights in the filming, recording, streaming, uploading or reproduction of such classes or events. Nothing herein gives Instructor any right, title or interest in the StrongerU Senior Fitness™ IP other than the right to use the StrongerU Senior Fitness™ IP as permitted herein. Instructor must not contest StrongerU Senior Fitness’ ownership of the StrongerU Senior Fitness™ IP, the validity or enforceability of the StrongerU Senior Fitness™ IP, or the validity of this Agreement. Instructor must not register or attempt to register any trademark, service mark, logo, copyright, trade name or business name that incorporates the StrongerU Senior Fitness™ Marks, or any derivations or components thereof (e.g., "StrongerU"), nor can Instructor assist any party in doing so.

3. Fee. Instructor must pay StrongerU Senior Fitness an initial enrollment fee in an amount to be set by StrongerU Senior Fitness ("Enrollment Fee"). Each year after successfully becoming a StrongerU Senior Fitness Instructor, the Instructor must pay StrongerU Senior Fitness a subscription fee in an amount to be set by StrongerU Senior Fitness ("Subscription Fee") in order to maintain certification and access to the StrongerU Senior Fitness monthly class content. The Enrollment Fee and Subscription Fee are collectively referred to as "The Fees". The amount of the Fees is subject to change at StrongerU Senior Fitness’ discretion. StrongerU Senior Fitness reserves the right to establish, revise, modify or amend its billing practices, methods and fees, including its collection practices, payment practices, and fees for content or services provided on its website(s). Instructor agrees to accept notice of any changes by way of the changes posted on strongeruseniorfitness.com and/or strongerU-senior-fitness.didcate.com. Instructor's failure to make timely payments of the requisite Fees due hereunder is a material breach permitting StrongerU Senior Fitness to terminate this Agreement or seek other remedies, whether in law or equity, in its sole discretion.
- 3.1. Third Party Payments. StrongerU Senior Fitness accepts payments of the Fees from third parties (e.g., retirement community operators, fitness centers). It is Instructor's responsibility to ensure that the Fees are timely paid, regardless of whether the Fees are paid by Instructor or a third party. A third party paying the Fees may, at any time, contact StrongerU Senior Fitness to cancel payment of the Fees. In the event the third party cancels payment, it is Instructor's responsibility to ensure that current and future Fees are timely paid. StrongerU Senior Fitness will make a reasonable attempt to inform Instructor of a third party's cancellation of payment. StrongerU Senior Fitness is not responsible for any loss or damage, including termination of this Agreement, suffered by Instructor as a result of non-payment of the Fees.
- 3.2 Third Party Use of the StrongerU Senior Fitness™ Series Materials. This Agreement is between the Parties, regardless of whether the Fees are paid by Instructor or a third party. All StrongerU Senior Fitness™ Series materials distributed to Instructor are the property of StrongerU Senior Fitness. Any other use or distribution of such materials is prohibited, including the use of such materials by a party who pays the Instructor's Fees. Notwithstanding the foregoing, retirement communities, gyms and other facilities hosting Instructor's StrongerU Senior Fitness™ classes or approved events may use marketing materials made available to such parties by StrongerU Senior Fitness.
- 3.3. Third Party IP Rights. Instructor cannot include third party intellectual property in materials promoting Instructor's StrongerU Senior Fitness™ classes or approved events without StrongerU Senior Fitness’ prior approval. However, use of the name of a facility where StrongerU Senior Fitness™ classes or approved events are being held is permitted if subordinate to the StrongerU Senior Fitness™ Marks and the use is permitted by the facility.

4. Proper Use of the StrongerU Senior Fitness™ Marks. Instructor must (i) use the StrongerU Senior Fitness™ Marks only in the form provided by StrongerU Senior Fitness, including adhering to the colors, fonts, stylization, proportionality and other elements of the Marks; (ii) follow StrongerU Senior Fitness’ brand use guidelines; (iii) follow all instructions, requests and/or demands made by StrongerU Senior Fitness concerning Instructor's use of the StrongerU Senior Fitness™ IP; and (iv) use best efforts to use the current versions of the StrongerU Senior Fitness™ Marks as provided by StrongerU Senior Fitness.
- 4.1. Quality Standards. The nature and quality of Instructor's marketing and services using the StrongerU Senior Fitness™ Marks must conform to the standards set by StrongerU Senior Fitness (i) in the StrongerU Senior Fitness™ Instructor Course; (ii) on strongeruseniorfitness.com and/or StrongerU-senior-fitness.didacte.com; (iii) in StrongerU Senior Fitness’ brand use guidelines; and (iv) in this Agreement. Instructor must cooperate with StrongerU Senior Fitness in facilitating StrongerU Senior Fitness’ control over the nature and quality of Instructor's marketing and services, to permit observation of Instructor's StrongerU Senior Fitness™ classes or approved events, to promptly comply with all instructions from StrongerU Senior Fitness, and to supply StrongerU Senior Fitness with evidence confirming compliance with this Agreement.
- 4.2. Choreography Compliance. As set forth more fully in the StrongerU Senior Fitness™ Instructor Course, for safety and quality control reasons, Instructor must use the StrongerU Senior Fitness™ choreography/movements provided by StrongerU Senior Fitness. Instructor may not create his/her own choreography/movements while teaching a StrongerU Senior Fitness™ class.
- 4.3. Compliance With Laws. Instructor must comply with all applicable laws, regulations and ordinances in the country, state and locality in which Instructor teaches StrongerU Senior Fitness™ classes and approved events and obtain all appropriate approvals pertaining to marketing, advertising, or providing Instructor's services, including any fitness educational or certification requirements.
- 4.4. Promotional Materials. Instructor may use the StrongerU Senior Fitness™ Marks on flyers, posters, schedules and other printed materials whose sole purpose is to promote Instructor's StrongerU Senior Fitness™ classes or approved events.
- 4.5. Email Addresses. Instructor may use "StrongerU Senior Fitness" as part of Instructor's email address so long as Instructor uses such address solely for the promotion of Instructor's StrongerU Senior Fitness™ classes and approved, related StrongerU Senior Fitness™ events and activities.
- 4.6. Domain Names. Instructor may use "StrongerU Senior Fitness" as part of Instructor's domain name for a website promoting only Instructor's StrongerU Senior Fitness™ classes and approved, related StrongerU Senior Fitness™ events and activities (e.g., strongeruseniorfitnessjennifer.com is acceptable for an Instructor named "Jennifer" whose website promotes only her StrongerU Senior Fitness™ classes and approved, related StrongerU Senior Fitness™ events and activities). Registration and use of a domain name must adhere to the terms of this Agreement, including the following:

(a) Competing Goods/Services. Under a domain name containing the StrongerU Senior Fitness™ mark, Instructor must not sell, offer for sale, advertise or promote any services or goods except Instructor's StrongerU Senior Fitness™ classes and approved, related StrongerU Senior Fitness™ events and activities.

(b) Transfer of Domain Name. In the event StrongerU Senior Fitness determines it needs or desires to own a domain name registered or operated by Instructor incorporating the StrongerU Senior Fitness™ Marks, Instructor must, at StrongerU Senior Fitness’ request, immediately transfer such domain name to StrongerU Senior Fitness. StrongerU Senior Fitness may reimburse Instructor for reasonable and documented out-of-pocket costs that Instructor paid to register the domain. StrongerU Senior Fitness will not reimburse Instructor for any costs incurred in designing Instructor's website, creating marketing materials, or any other costs incurred in connection with the domain name.

(c) StrongerU Senior Fitness™ Instructor Identification. Instructor must be identified in the WHOIS listing as the Registrant of a domain name used by Instructor containing the StrongerU Senior Fitness™ Marks. Instructor must not use a privacy protection service in connection with the registration of a domain name.

(d) Domain Name Containing Country Name. An Instructor is not permitted to register or use a domain name containing "StrongerU Senior Fitness" and the name of a country (e.g., strongeruseniorfitnesscanada.com).

- 4.7. Internet Uses. Instructor may use the StrongerU Senior Fitness™ Marks on a website, including blogs and social media sites, where Instructor uses the StrongerU Senior Fitness™ Marks to promote Instructor's StrongerU Senior Fitness™ classes and approved events in accordance with this Agreement and under the following guidelines:

(a) Link to strongeruseniorfitness.com. Instructor must include a prominent hyperlink on the home page to strongeruseniorfitness.com.

(b) Music. Instructor must not use any music on Instructor's site unless he/she has obtained an appropriate license.

(c) Ownership. Instructor must identify his/her self as the owner of Instructor's Site by indicating his/her legal name on the home page. In addition, Instructor must post the following on the home page:
This site is owned and operated by [insert name], a licensed StrongerU Senior Fitness™ Instructor.

(d) Adwords/Keywords. Instructor must not use any StrongerU Senior Fitness™ Marks as AdWords, paid search, keywords or otherwise for search engine optimization and/or for creating "sponsored links".

(e) Social Media Titles. Instructor must include his/her name in the title of any social media page(s) incorporating the StrongerU Senior Fitness™ Marks. In the case of group pages, all Instructors must be StrongerU Senior Fitness™ Series subscribers and must be identified on the page. This Section applies to social media pages created and/or used for StrongerU Senior Fitness™ events.

- 4.9. Radio, Television and News Coverage. Instructor must not use the StrongerU Senior Fitness™ Marks on radio or television without StrongerU Senior Fitness’ prior approval. Instructor may promote Instructor's StrongerU Senior Fitness™ classes or approved events through live or print news coverage, or through mainstream news organizations or print publishers. In the event of such promotion, Instructor must inform the news organization or publisher of StrongerU Senior Fitness’ brand use guidelines. With respect to live news coverage, such coverage must not include more than ten minutes of a StrongerU Senior Fitness™ class, approved event or StrongerU Senior Fitness™ choreography without StrongerU Senior Fitness’ prior approval. In the event Instructor is aware of the coverage, Instructor must notify StrongerU Senior Fitness by email to [email protected]. In the event Instructor is not aware of the coverage in advance, Instructor must promptly notify StrongerU Senior Fitness after the coverage and, when possible, provide a copy of the article or footage.
- 4.10. Sale of Genuine StrongerU Senior Fitness® Products. Instructor may use the Marks in connection with the resale of genuine StrongerU Senior Fitness™ products purchased from StrongerU Senior Fitness or an authorized distributor, so long as such sales are subordinate to Instructor's StrongerU Senior Fitness™ classes or approved events. Instructor may resell original StrongerU Senior Fitness™ products on online trade boards, provided Instructor identifies him/herself in such listings. Except as may be provided for in a separate agreement, Instructor may not sell StrongerU Senior Fitness™ products outside of the territory where those products were purchased (e.g., products purchased in Canada must be resold in Canada and not sold outside Canada.).
- 4.11. Charitable Fund Raising Services/Other Events. With StrongerU Senior Fitness’ prior approval, Instructor may conduct StrongerU Senior Fitness™ classes or events in connection with fund raising activities for charitable or other worthy causes. Charitable activities using the StrongerU Senior Fitness™ Marks must be conducted in accordance with applicable laws. Instructor is responsible for the handling of and proper disbursement of all fundraising related to the event. StrongerU Senior Fitness reserves the right to prohibit Instructor from using the StrongerU Senior Fitness™ Marks in connection with any fundraising activities that StrongerU Senior Fitness determines, in its discretion, is in conflict with this Agreement or is inconsistent with StrongerU Senior Fitness’ business objectives or interests. For permission to host a charitable event or other event using the StrongerU Senior Fitness™ Marks, Instructor must submit an approval request by email to [email protected].
- 4.12. Trade Shows/College and University Classes. With StrongerU Senior Fitness’ prior approval, Instructor may conduct StrongerU Senior Fitness™ classes at trade shows and in classes for college/university credit. An approval request must be submitted 14 days in advance through [email protected]. Whenever Instructor participates in or conducts such trade shows or classes, Instructor's name must be listed in any promotional materials. Instructor must not participate in any class using the StrongerU Senior Fitness™ Marks if any other class-teaching participant is not a StrongerU Senior Fitness™ Series subscriber.

5. Restricted Use of the StrongerU Senior Fitness™ Marks & StrongerU Senior Fitness™ IP. StrongerU Senior Fitness may use, or license others to use, the StrongerU Senior Fitness™ IP in connection with various goods and services. Instructor must not use the StrongerU Senior Fitness™ IP for purposes of promoting any workshop, training, instruction, choreography session, or other activity except Instructor's own StrongerU Senior Fitness™ classes or approved events. Instructor must not use any StrongerU Senior Fitness™ IP to identify a gym, workout facility, business or trade name, or any other facility, program or product, except as authorized herein, without StrongerU Senior Fitness’ prior approval. StrongerU Senior Fitness reserves the right to remove any content posted on the Internet and/or used by Instructor that violates StrongerU Senior Fitness’ rights in the StrongerU Senior Fitness™ IP.
- 5.1. Never Modify the StrongerU Senior Fitness™ Marks. Instructor must use the StrongerU Senior Fitness™ Marks in accordance with the terms of this Agreement and refrain from modifying the StrongerU Senior Fitness™ Marks.
- 5.2. Never Use the StrongerU Senior Fitness™ Marks in Business or Trade Names. Instructor must not use the StrongerU Senior Fitness™ Marks in the name of a business or trade name including, for example, "StrongerU Senior Fitness Studio", or "StrongerU Senior Fitness Centre”.
- 5.3. Never Use the StrongerU Senior Fitness™ Marks as Verbs or Nouns. Instructor must always use the StrongerU Senior Fitness™ Marks as adjectives including, for example, "I Love the StrongerU Senior Fitness™ program", or "My facility offers StrongerU Senior Fitness™ classes.
- 5.4. Merchandise. Instructor must not manufacture, create, offer for sale, sell or distribute any merchandise, including apparel, accessories, CDs, DVDs or promotional items, bearing the StrongerU Senior Fitness™ IP or any names, designs or logos similar to the StrongerU Senior Fitness™ Marks. Notwithstanding the foregoing, Instructor may modify or repurpose official StrongerU Senior Fitness™ products for Instructor's personal use. Modification and repurposing includes, for example, cutting or altering an official StrongerU Senior Fitness™ product from its intended use and form into a different use or form. Permitted modification and repurposing expressly excludes the application or combination of any StrongerU Senior Fitness™ product or portion thereof, whether bearing the StrongerU Senior Fitness™ Marks or not, to any other non-StrongerU Senior Fitness™ merchandise or products. Instructor must not offer for sale, sell, or distribute modified or repurposed StrongerU Senior Fitness™ products.
- 5.5. StrongerU Senior Fitness™ Materials. Instructor must not copy, duplicate, sell, distribute, upload, stream or otherwise disseminate any StrongerU Senior Fitness™ materials, including; the StrongerU Senior Fitness™ Instructor Course, or it’s contents; and StrongerU Senior Fitness™ CDs, DVDs, and digital content. Instructor must not play any StrongerU Senior Fitness™ DVDs or digital content as part of a class or publicly perform any StrongerU Senior Fitness™ video, including of Instructor's own classes. In the event of termination or cancellation of this Agreement, Instructor must retain Instructor's StrongerU Senior Fitness™ materials, destroy them or return them to StrongerU Senior Fitness.
- 5.6. Videos/Recording/Music. Instructor must not film, record, stream live video, create DVDs or reproduce in any manner StrongerU Senior Fitness™ classes or any StrongerU Senior Fitness™ videos, digital content, CDs and/or DVDs. StrongerU Senior Fitness™ videos, digital content, CDs and DVDs are fully protected under Canadian copyright laws, and any unauthorized duplication, exhibition, distribution or use without StrongerU Senior Fitness’ prior approval is prohibited.
- 5.7. Mobile Applications. Instructor must not use the StrongerU Senior Fitness™ IP in connection with a mobile application, including in the title, icon and content of the application.

6. Termination. StrongerU Senior Fitness may immediately terminate this Agreement and Instructor's StrongerU Senior Fitness™ Series Subscription at any time, with or without cause, by giving Instructor written notice. Upon termination without cause, any pre-paid Fees (i.e., Fees to cover future months) will be returned to Instructor.
- 6.1. For Cause. StrongerU Senior Fitness has the right to terminate this Agreement upon written notice in the event Instructor breaches this Agreement or as a result of any action or conduct by Instructor that StrongerU Senior Fitness deems detrimental to the StrongerU Senior Fitness™ IP, the StrongerU Senior Fitness™ brand, and/or the goodwill associated therewith. StrongerU Senior Fitness may, in its discretion, provide Instructor with an opportunity to cure any breach prior to termination. Upon termination for cause, any pre-paid Fees (i.e., Fees to cover future months) will not be returned to Instructor.
- 6.2. Effect of Termination. Upon termination, Instructor must immediately (i) discontinue use of the StrongerU Senior Fitness™ IP, including in any websites or email addresses; (ii) comply with this Agreement concerning StrongerU Senior Fitness™ Series materials; and (iii) transfer all domain names incorporating the StrongerU Senior Fitness™ Marks to StrongerU Senior Fitness. All rights in the StrongerU Senior Fitness™ IP and the goodwill associated therewith remain StrongerU Senior Fitness’ exclusive property.

7. Cancellation by Instructor. Instructor may cancel this Agreement at any time subject to the terms, conditions and processes set forth by StrongerU Senior Fitness. Cancellations are not subject to a refund for fees previously paid. StrongerU Senior Fitness Instructor Course Enrollment Fees and Subscription Fees are final and not eligible for refund.

8. Third-Party Infringement. Instructor must promptly notify StrongerU Senior Fitness (by emailing [email protected]) of any unauthorized use of the StrongerU Senior Fitness™ IP by a third party for which Instructor becomes aware. When reporting any unauthorized use of the StrongerU Senior Fitness™ IP, Instructor must include the contact information for infringing party (name, address, email address, telephone number, etc.), along with evidence of the infringing conduct (screen shots, photographs, links to Internet websites, etc.), and any other pertinent information. StrongerU Senior Fitness has the sole right and discretion to take action, including retaining the proceeds of any settlement or recovery in such action. Instructor agrees to cooperate with StrongerU Senior Fitness in enforcing and protecting the StrongerU Senior Fitness™ IP.

9. Interpretation & Enforcement. This Agreement will be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The Parties waive any challenge to personal jurisdiction or venue in those courts. The prevailing Party in any such action is entitled to recover its attorney's fees and costs. The Parties expressly waive the right to a jury trial in any action relating to this Agreement. Any judgment by a court under this Section is fully enforceable in Instructor's country of residence.

10. Acceptance of and Modifications to Agreement. Payment of the Fees pursuant to this Agreement and/or completing the click-through process required to accept this Agreement shall be effective as an original signature and constitutes Instructor's acceptance to the terms hereof. Instructor acknowledges that he/she has read and understands this Agreement in its entirety and that this Agreement may be modified at StrongerU Senior Fitness’ discretion. Such changes may be effected by StrongerU Senior Fitness’ posting of a change notice or new agreement on strongeruseniorfitness.com. Such modified terms are deemed incorporated herein and made part hereof. StrongerU Senior Fitness will make commercially reasonable efforts to notify Instructor of all modifications prior to implementation. The enforceability of such changes is not contingent upon actual notification, provided that StrongerU Senior Fitness has posted the changes on strongeruseniorfitness.com. In the event Instructor does not agree to abide by the terms of the Agreement, as modified, Instructor's sole remedy is to terminate this Agreement. Instructor must monitor strongeruseniorfitness.com for changes to this Agreement.

11. Parties' Relationship. The Parties' relationship is that of licensor and licensee. Nothing herein shall be construed as creating any partnership, joint venture, agency, franchise, sales representative or employment relationship between the Parties, nor shall StrongerU Senior Fitness be deemed to be acting in a fiduciary capacity with respect to Instructor. Instructor has no authority to make or accept any offers or representations on behalf of StrongerU Senior Fitness or to act for or bind StrongerU Senior Fitness in any manner. Instructor must not make statements or take actions that may contradict the relationship set forth herein or confuse or mislead any person regarding the nature of the Parties's relationship.

12. Disclaimer & Limitation of Liability. StrongerU Senior Fitness makes no representations or warranties, express or implied, with respect to the StrongerU Senior Fitness™ Series, the Services, or any StrongerU Senior Fitness™ products, including warranties of fitness, merchantability or non-infringement. Under no circumstances, or legal or equitable theory, whether in tort, contract, strict liability or otherwise, will StrongerU Senior Fitness or the StrongerU Senior Fitness Related Parties be liable to Instructor or any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with this Agreement, including damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of StrongerU Senior Fitness has been advised of or should have known of the possibility of such damages. StrongerU Senior Fitness makes no representation that the operation of StrongerU Senior Fitness website(s) will be uninterrupted or error-free. StrongerU Senior Fitness is not liable for the consequences of any interruptions or errors, although StrongerU Senior Fitness will make commercially reasonable efforts to correct errors or interruptions. In no event will StrongerU Senior Fitness be liable for any damages in excess of the Fees paid by Instructor during the six-month period preceding the date on which a claim arises.

13. Indemnification. Instructor agrees to indemnify, defend and hold harmless StrongerU Senior Fitness and the StrongerU Senior Fitness Related Parties from any and all losses, liabilities, damages and expenses (including attorneys' fees and costs) as a result of any claims, demands, actions or other proceedings made or instituted by a third party which arises out of any (i) criminal and/or negligent acts of Instructor; (ii) breach by Instructor of this Agreement; or (ii) other act or omission of Instructor.

14. Nature of the Services. StrongerU Senior Fitness™ classes and events may not be safe or appropriate for everyone. Any information StrongerU Senior Fitness may provide to Instructor through the StrongerU Senior Fitness™ Certification or subsequent trainings, in StrongerU Senior Fitness™ materials, or on StrongerU Senior Fitness’ website(s) regarding health and/or fitness is intended solely as educational aids and are not substitutes for medical advice or counselling. Instructor is encouraged to seek medical advice before providing the Services, or if Instructor experiences any medical condition affecting Instructor's ability to provide the Services. Instructor must ensure that he/she complies with all applicable laws, regulations and ordinances governing fitness instruction and educational requirements in the country, state and locality where Instructor teaches. StrongerU Senior Fitness and the StrongerU Senior Fitness Related Parties assume no responsibility for any consequence relating directly or indirectly from any action or inaction of Instructor based on the information, services, or other material provided by StrongerU Senior Fitness. While StrongerU Senior Fitness strives to provide complete, up-to-date and accurate information on its website(s) and in other materials, StrongerU Senior Fitness and the StrongerU Senior Fitness Related Parties do not guarantee, and will not be responsible or liable for, any damage or loss related to the accuracy, completeness, or timeliness of such information. Instructor releases from liability, and holds harmless StrongerU Senior Fitness and the StrongerU Senior Fitness Related Parties for any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by any person arising or resulting from Instructor's provision of the Services. If Instructor is injured providing the Services, Instructor assumes any financial obligations for any medical costs Instructor may incur. StrongerU Senior Fitness assumes no responsibility for any medical expenses, injury, or damages suffered by Instructor, or Instructor's students, in connection with the provision of the Services.

15. Notices. Any notice, request, demand or other communication given hereunder may be given to a Party at the addresses set forth below.
If to StrongerU Senior Fitness: [email protected]
If to Instructor: To the email address on Instructor's StrongerU Senior Fitness™ registration.

16. No Waiver & Reservation of Rights. StrongerU Senior Fitness’ failure to enforce a provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or other provisions hereof. StrongerU Senior Fitness reserves all rights not granted herein.

To submit questions regarding this Agreement please email [email protected]