Terms

TERMS OF SERVICE:

This Contract for Services is made effective as of the purchase date, by and between purchaser and Teresa Shogren with TeresaCirque.

1. DESCRIPTION OF SERVICES. Beginning on effective date as shown above, TeresaCirque will provide to the Recipient the services as described in the package description.

2. PAYMENT. Payment shall be made to the Provider in the total amount of the package price in regular payments of per month until termination of this Agreement.Recipient shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if Recipient fails to pay for the Services when due, TeresaCirque has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.

3. TERM. This Contract will terminate automatically upon completion by Provider of the Services required by this Contract.

4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Provider in connection with the Services will be the exclusive property of Provider. Upon request, Recipient will execute all documents necessary to confirm or perfect the exclusive ownership of Provider to the Work Product.

5. WARRANTY. Provider shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Provider’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Provider on similar projects.

6. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract: a. The failure to make a required payment when due.b. The insolvency or bankruptcy of either party. c. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.

7. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

8. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

10. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

11. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

12. AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

13. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the state of Nevada.

14. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

15. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

16. ATTORNEY’S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney’s fees and costs, both in the trial court and on appeal.

17. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.

18. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

This General Contract for Services is executed and agreed to by: EXHIBIT A: DESCRIPTION OF SERVICES I understand and agree, and by purchasing this product is a legal representation of my signature

LIABILITY WAIVER AND DISCLAIMER Contortion provides great benefits, but only you know your own body and limits. Like any exercise, please consult your health care professional with any questions or concerns before starting any exercise program. When participating in any exercise or exercise program, there is the possibility of physical injury. Not all exercises in our videos are suitable for all persons.The creators of TERESACIRQUE, which includes all videos, classes, programs, marketing materials, and all accompanying materials are not liable for any injury, accident, or health impairment befalling and viewer of these programs, or any individual utilizing the techniques suggested in this video. TERESACIRQUE is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. By participating in training provided by TERESACIRQUE, you assume full responsibility for any risks, injury or damages, which you might incur as a result in participating training.

DISCLOSURE I understand that flexibility, conditioning, aerial and acrobatic training requires and includes physical movements. As with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. If I experience any pain or discomfort, I will notify the coach, adjust my posture and listen to my body. I will not push my body too far and will ask for support from the coach if needed.Handstand, Contortion and Aerial training is not a substitute for medical care or diagnosis. I will train only after discussing it with my doctor and gaining their approval. I affirm that I alone am responsible to decide whether to train handstands, aerial and contortion. I hereby agree to irrevocably release and waive any claims that I have now or hereafter may have against TERESACIRQUE. I, hereby agree to the following: 1. That I am participating in flexibility, conditioning, handstand and aerial classes offered with TERESACIRQUE, where I will receive information and instruction about flexibility, conditioning, handstand and aerial training. I understand that this type of training requires physical exertion which may be strenuous and may cause physical injury. I am fully aware of the risks involved. 2. I understand that it is my responsibility to consult with a physician prior to and in reference to my participation in flexibility, conditioning, handstand and aerial classes. I warrant and represent that I am physically fit and have no medical condition that would prevent my full participation in class. 3. In consideration of participating in flexibility, conditioning, handstand and aerial training, I agree to assume full responsibility for any risks, injury or damages, which I might incur as a result in participating training. 4. I knowingly and voluntarily waive any claim I might have against TERESACIRQUE for injury or damages that I may sustain as a result of participating in this program. 5. I, my heirs or legal representative forever release, waive, discharge and covenant not to sue TERESACIRQUE for any injury or death caused by their negligence or other acts. I have read the above release and waiver of liability and I fully understand its contents. I fully and voluntarily agree to the above terms and conditions.

EXHIBIT B: LIABILITY WAIVER DISCLAIMER I have read the above release and waiver of liability and I fully understand its contents. I fully and voluntarily agree to the above terms and conditions and by purchasing this product is a legal representation of my signature and that I am at least 18 years of age or older.

Last Updated: January 5, 2022

TeresaCirque Privacy Policy

This is the Privacy Policy of TeresaCirque (hereafter referred to as “us” or “we”). This Privacy Policy describes how your personal information is collected, used, and shared when you use our streaming service, through our website Teresacirque.com or any of our branded apps (together, the “Service”). By using the Service, you agree to the collection, use and disclosure of your information as described in this Privacy Policy. We may modify this Privacy Policy from time to time. Your continued use of the Service constitutes your agreement to any updated Privacy Policy on a prospective basis.

PERSONAL INFORMATION WE COLLECT

When you use the Service, we collect the following types of personal information:

Account Registration Information

In order to sign up for a free trial or make a purchase, you must create an account by providing us with your email address and a password. You may also create a username and upload an avatar to use for comments or forums.

Payment Information

You must also provide valid payment card information if you wish to sign up for a subscription, or make any other purchase. Except for the name associated with your card and information about the transaction (e.g., time of transaction, amount), payment card information is collected directly by a third-party payment vendor and is not received or stored by us.

Information Collected Automatically

Each time you visit the Service, we automatically collect certain information about your device and your interaction with the Service. This may include your viewing activity, your IP address, location information, your browser type, your Internet service provider (ISP), referring/exit pages, your operating system, date/time stamps, and related metadata.

Comments

We may offer the ability to provide comments or to post messages in a forum. Any posts you make will be publicly available.

Other Information

You may also choose to provide other information about yourself in connection with surveys, contests, special offers, customer support inquiries, and other communications with us.

HOW WE USE YOUR INFORMATION

We may use the information collected about you to:

  • Fulfill your orders and deliver content to you;
  • Send you marketing communications (depending on your preferences);
  • Provide customer support to you;
  • Analyze how the Service is being used for troubleshooting and improvements;
  • Communicate with you;
  • Collect debts, prevent fraud, and protect the integrity of the Service;
  • Enforce our legal rights;
  • Collect testimonials
  • Use progress photos for advertisement
DISCLOSURES TO THIRD PARTIES

We may disclose your information to the following types of third parties:

Authorized Service Providers

We share your information with authorized service providers involved in operating the Service. For example, we use Vimeo OTT to power the Service and provide customer support. You can read more about how Vimeo uses your personal information here: vimeo.com/privacy. Our authorized service providers also include payment providers, email service providers, and analytics companies.

We may disclose your information when we have a good faith belief that compliance is required by a search warrant, subpoena, court order, or similar request from a law enforcement or other government agency.

To the Public

We may publicly disclose aggregated user statistics and other information, which is not considered personal information. If you comment on a video or participate in a forum, your comment will be shared publicly.

EMAILS

When you create an account, you may receive certain emails: Transaction Emails: When you first create an account, we may send you a welcome email that provides information about your subscription and your account. If you make a purchase, we may send you an email confirming your purchase. We may also send you other emails concerning your account status and renewals. You may not opt out of transactional emails. Marketing Emails: Depending on your preferences, we may send you emails letting you know about new programs or features, or promotions. You may opt out of these emails at any time in your account settings.

YOUR PRIVACY RIGHTS

You may change your account information or close your account at any time by logging into your account and adjusting your account settings. If you close your account or request that we delete your account, you may lose access to content you have purchased. When you close your account, we may preserve your account information to (i) let you know about new offers and content; (ii) restore your account, if you ever wish to re-subscribe; and (iii) where we believe in good faith that preservation is necessary to enforce our rights.

EEA Users:

Users from the European Economic Area (EEA) have the right to: opt out of cookies (see our Cookie Policy); access, correct, delete, restrict or object to our use of your personal information.  If you would like to exercise any of these rights, please submit your request by using our form. We process personal information to fulfill contracts with you and to provide services you have requested (for example, to fulfil a purchase), or otherwise to pursue our legitimate business interests.  Note that your information will be transferred outside of Europe, including to the United States.

California Users:

Users from California have the right to: request information about the categories and sources of personal information collected about you, and the associated purposes for collection and third-party disclosures; request a copy of your personal information; request deletion of your personal information; and opt out of the sale of your personal information. To exercise your right to access or delete your personal information, submit your request by using our form. Note that to process your request, we must be able to verify your identity as the owner of the account you are inquiring about. We may not be able to fulfill your request until we can do so. Although you do not need to have an account to submit a request, we may not be able to locate certain information to process your request if you don’t have one.

Nevada Users:

Nevada residents have the right to opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we don’t have plans to sell this information.

CHILDREN’S PRIVACY

The Service is not intended for individuals under the age of 16. If you are a parent or legal guardian who has discovered that your child has provided personal information through the Service without your consent, please contact us so that we can remove any unauthorized information.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. Your continued use of the TeresaCirque Service constitutes your agreement to any updated Privacy Policy on a prospective basis.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to TeresaCirque make a complaint, please contact us by email at teresacircusarts@gmail.com or by mail using the details provided below: Teresa Shogren 255 Douglas Fir Dr.Reno, NV 89511

Last Updated: January 5, 2022

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