These Program Terms (“Terms”) apply to all Programs provided by Rebellious Intl LLC (“Rebellious”) to its customer (“you”). By completing your purchase, you agree that you have read these Terms and agree to be bound by them. The current version of the Terms supersedes all prior versions upon posting to Rebellious’ “Websites” which include https://www.rebellious-studio.com/pages/terms. Rebellious reserves the right to change these Terms at any time without notice, provided that the Terms applicable to a Program will be those posted on the Website as of the date services are provided.
1. Programs. These Terms apply to the following Rebellious Programs:
- Group Online Programs: Group Online Programs consist of group movement and/or mindset sessions. Access to the Program will begin on the purchase date and continue for the Program duration specified. Sessions are conducted live online via Zoom or another platform designated by Rebellious. Each session will start and end at the scheduled time. If you miss a live session and your subscription tier grants you access to recordings, you will be able to access the recording of the session through designated platform. Rebellious strives to upload recordings within 24 hours of the live session. On occasion, class times may be adjusted due to holidays, travel or event conflict. Support, if applicable, between sessions is provided via email, phone and/ or text depending on the program tier. Communication turnaround is 24-48 hours. Upon Program completion, all access and support services will cease.
- VIP Programs (in person or online). VIP sessions are movement and/or mindset sessions conducted for one or two participants at the Rebellious’ studio or online or private energy sessions. You understand that Rebellious reserves a specified time and date for VIP sessions. Therefore, if you must cancel, please contact Rebellious as soon as possible, but in any event, no later than 24 hours before the scheduled session. Tardiness of more than 15 minutes without notification is considered a no-show and results in your cancellation of the session. Studio sessions cancelled on less than 24-hour notice or no-shows are non-refundable and non-changeable. VIP sessions are 50-55 minutes long. If you need to reschedule sessions, you must make up the sessions in the same month.
- Retreats. Retreats are group or individual events conducted during an organized trip to a third party facility organized by Rebellious (with or without other co-organizers). Retreat fees include your accommodation, all Retreat activities scheduled on the agenda by organizer(s), food and airport transfers between the airport at the destination, if applicable. You are responsible for making your own travel arrangements to the destination. You must ensure or arrange for your own health and medical insurance coverage that is valid in the destination location. If you cancel a Retreat reservation at least ninety (90) days before the scheduled Retreat, you will receive a 50% refund of your prepaid fees. Cancellations within ninety (90) days, including for reasons related to COVID, are non-refundable.
2. Fees and Payment. Fees may be paid in one lump sum payment or by monthly installments, as specified for each applicable Program or as otherwise agreed by Rebellious. Except as otherwise provided in these Terms, purchased sessions are non-transferrable and non-refundable. Any amounts not paid when due are subject to a late fee in the amount of 5% of the unpaid amount, plus interest in the highest amount allowed by applicable law. Time is of the essence with respect to payment, and any delay in payment constitutes a material breach. Rebellious may withhold further support services and suspend your access to the Programs until amounts have been paid in full and such withholding or suspension shall not be considered a breach of any of Rebellious’ obligations under these Terms. When credit card payments are accepted by Rebellious, you authorize Rebellious to charge your credit card on file and to keep Rebellious updated with your valid credit card, billing and contact information. If your credit card is declined for any reason, Rebellious will notify you and you agree to provide a valid form of payment within two (2) business days. Credit card payments are subject to a 3% processing fee.
3. Representations and Acknowledgements. By participating in any Program, you represent and acknowledge that you:
- Know your pregnancy status and have informed Rebellious,
- Are physically, mentally and emotionally able to undertake the wellness exercises or have consulted a physician before participating in the Programs,
- Have never been diagnosed with, nor treated for, any diseases, illnesses or conditions which may result in increased risk when participating in the Programs,
- Understand that Rebellious will not screen for, diagnose, monitor or otherwise provide any care or treatment for any disease, illness or condition, and acknowledge that the Programs may or may not mitigate, alleviate or cure your condition or provide the result you expect.
- Understand the nature of the activities and that they carry certain risks,
- Understand that you may suspend or stop participating in the Programs at any time, and
- Acknowledge and agree that the sole risk of injury or harm resulting in any manner from your choosing to participate in the Programs rests entirely with you.
4. Program Content. All intellectual property rights to all Program content are and shall remain the sole and absolute property of Rebellious. Upon payment of all amounts owed, and subject to the following restrictions, Rebellious grants a personal, revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to view and use for personal use only, the Program content made available by Rebellious (whether provided in person or online). You may not modify, translate, create derivative works, copy, distribute, disassemble, assign, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, exploit or otherwise use the information or Program content in any manner not expressly permitted, or make any part of them available to any other person or entity, including to your family members, employees or representatives, without the prior written consent of Rebellious. All rights not expressly granted by this section are reserved by Rebellious.
5. Warranty Disclaimer. The Programs and all activities and content are provided “AS IS” with all faults, with no representation or warranty of any kind, express, implied, statutory or otherwise. Your sole remedy for dissatisfaction with the Program or content is to stop participating in the Programs.
6. Limitation of Liability. Neither Rebellious nor its owners, officers, employees, contractors or representatives will be liable to you or to any third party for any indirect, consequential, exemplary, special, incidental, punitive damages, or any damages whatsoever in connection with the Programs or Program content provided by Rebellious. If damages are awarded, Rebellious’ total liability for any loss or damage shall be limited to the fees you paid to Rebellious for the specific session during which the loss or damage arose. The foregoing limitation shall apply, to the extent permitted by applicable law, to all causes of action and claims including (without limitation) breach of contract, warranty, negligence, strict liability and other torts.
7. Non-Solicitation. You agree that for twelve (12) months after participating in any Program, you will not, directly or indirectly, either individually or with others, solicit any other participants in the Programs for the purposes of offering any services that compete with the services provided by Rebellious.
8. General Provisions.
- Governing Law; Limitation of Actions. The laws of the State of Georgia (without regard to its conflict of laws principles) govern all matters arising out of or relating to these Terms. No action shall be brought for any claim relating to or arising out of these Terms more than one (1) year after the accrual of such cause of action, except for money due on an open account.
- Severability; Survival; Waiver. If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions remain in full force. All provisions of these Terms that by their nature are intended to continue beyond the termination of the relationship shall survive termination. No failure or delay of Rebellious to exercise any right under these Terms shall be construed as a waiver of any such right, and Rebellious reserves the right to exercise any such right from time to time, as often as it may deem expedient.
- Force Majeure. Any delay in or failure of performance by Rebellious shall not be a breach if and to the extent caused by a Force Majeure Event (as defined below), and its obligations shall be suspended to the extent caused by the Force Majeure Event. “Force Majeure Event” means any act or event, whether foreseen or unforeseen, that is beyond the reasonable control of and not the fault of Rebellious. Any Force Majeure Event affecting Rebellious’ subcontractors constitutes a Force Majeure Event. No adjustment of the applicable fees is to be made based on a Force Majeure Event.
- Notices. Notices must be in English, in writing, and will be deemed given when delivered by hand or five (5) days after being sent using a method that provides for positive confirmation of delivery. Notices to Rebellious must be addressed to 2435 Old Alabama Road, Roswell, Georgia 30076-2415, and notices to you will be addressed to your email that Rebellious has on file, unless you provide an alternative email in the manner set forth in this section.
- Entire Agreement. These Terms are the final agreement between the parties and constitute the complete and exclusive expression of the parties’ agreement on the subject matter. All prior and contemporaneous negotiations and agreements are merged into and superseded by these Terms.