Terms of Service Last Updated March 10, 2023
Overview
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Contact Us for any Terms of Service issues.
Welcome to Slingshot Disc Golf (“we,” “us,” “coach,” or “our”). We provide coaching services to individuals and organizations (collectively, “you,” “clients”). These Terms of Service (“Agreement”) govern your use of our coaching services, as well as any products or materials that we provide to you. Take the time to read this, please! You will get way more out of your coaching session and it’s important that we are on the same page when working together.
Eligibility
Age of Access
You must be at least 18 years old to use the Coaching Platform, or, if You are between the ages of 13 and 18, You must have your parent or guardian’s permission to use the Platform. By using our Platform, You are telling us by your actions that You have obtained that permission (You are ‘representing’ and ‘warranting’ that You have obtained the appropriate permissions to use our Platform). IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE OUR PLATFORM IN ANY MANNER NOR MAY YOU REGISTER FOR AN ACCOUNT.
OFAC Restrictions
As an express condition of being permitted to access and use the Coaching Platform, You represent and warrant that You (i) are not on a list of persons that bars You from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Syria, Venezuela or Crimea.
User Accounts
To access or use certain features of the Coaching Platform, You may be required to register for an account (“Account”). For example, to enroll in a course or other service, You will be required to create a Student Account associated with the Creator’s course. When You register for an account, You agree to provide true, accurate, current and complete information and to keep Your account up to date.
Release and Assumption of Risk
You understand that the materials provided by Slingshot Disc Golf are designed to provide instruction on how to play the game of disc golf. The materials are designed to teach techniques and strategies to use while playing the game of disc golf. However, you also understand that any physical activity, including disc golf, carries potential risk. Slingshot Disc Golf does not and cannot guarantee that you will not injure yourself when playing disc golf, whether or not you employ the techniques and strategies taught in the materials. The techniques and strategies are designed to improve your game and may involve a greater range of motion or different physical movements than that previously used by you in playing the game of disc golf. In some circumstances, use of these techniques and strategies can increase the risk of physical injury because they will be new and may require different movements than what you are used to. Improperly performing the techniques or strategies may also increase your risk of injury. In accessing the materials, you acknowledge that you have considered and are assuming these risks. You further acknowledge that any choice to use the materials and instruction in your own disc golf game is voluntary and is taken by you with knowledge of the dangers involved.
By accessing the materials, you agree to accept and assume all risks of injury, disability, property damage, and/or financial loss arising from your participation in the course and/or use of the materials, including in connection with your own disc golf game, whether caused by the ordinary negligence Slingshot Disc Golf or its instructor or otherwise. You also expressly waive and release any and all claims, now known or hereafter known, against Slingshot Disc Golf and its instructors arising out of any injury, disability, property damage, and/or financial loss arising from your participation in the course and/or use of the materials, including in connection with your own disc golf game, whether caused by the ordinary negligence of Slingshot Disc Golf or its instructors or otherwise. To the extent any such claim is asserted against Slingshot Disc Golf or its instructor, you agree to defend, indemnify, and hold Slingshot Disc Golf and its instructor harmless against and from such claim.
Limitation of Liability
In no event shall Slingshot Disc Golf be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Slingshot Disc Golf’s website, even if Slingshot Disc Golf or an authorized representative of Slingshot Disc Golf has been notified orally or in writing of the possibility of such damage. In the event Slingshot Disc Golf is determined to be liable for any such damages, the maximum amount Slingshot Disc Golf’s liability shall in no event exceed the dollar amount you paid to subscribe to the course and access the materials.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you in full but shall apply to the fullest extent permitted by the law of your jurisdiction.
Responsibility
As a client, you acknowledge that your Coach will provide support and guidance to help you achieve your desired outcomes. You are responsible for driving the change you desire in your life and taking action towards your goals. Your Coach will collaborate with you to identify potential solutions and provide advice and options based on their experience and training. You accept full responsibility for all decisions and actions you take based on the advice and guidance provided by your Coach. You acknowledge that your Coach is not a licensed professional in the fields of investment advising, real estate, accounting, finance, health, or law.
Scheduling
All Coaching Sessions are scheduled in advance by direct agreement between you and your Coach. If for any reason you cannot attend a scheduled Coaching Session you are fully responsible for informing your Coach and arranging an appointment at least 48 hours in advance, otherwise the session will be deemed forfeit. You are responsible for rescheduling via phone or contact (and receive reply) via email.
Coaching Services
Our coaching services are provided through in-person, online, or telephone sessions. We will provide you with guidance, support, and resources to help you achieve your objectives. The Coaching Programs are created and sold as whole packages and cannot be altered or partially completed in any way. Unused courses or lessons due to quitting the program may not be eligible for refund, credit or transfer.
Fees and Payment
Fees for our coaching services are set forth on our website or otherwise communicated to you. Payment for our services must be made in advance or according to a payment schedule established by us. We accept payment by credit card, debit card, or other payment methods as we may indicate from time to time. All fees are non-refundable.
Payment Plans
If any instalment payment should default, the Client will have seven (7) days to rectify the situation. Any schedules coaching session(s) will be postponed until payment is received within the 7 days, all discounts and bonuses will be forfeited and full payment will apply. If a Client should default on any instalment payment, the result may be cancellation from the Program and the Cancellation Policy will apply. An N.S.F. or credit card decline will result in penalty from our payment processing company in cases of payment default.
Notice of Cancellation
All notice of cancellation must be in writing and delivered by mail or email to contact@slingshotdiscgolf.com. Cancellation notice will be deemed on the date in which the cancellation is received by Slingshot Disc Golf. No refunds, credits or transfers available for no-shows.
Mutual Agreement Cancellation
If at any time wither the Client or Coach believe the Coaching Sessions and agreement are no longer serving the needs of the Client, then they may initiate a discussion to rectify the situation prior to cancelling the Program or Sessions.
Typographical Errors
In the event that a Slingshot Disc Golf product is mistakenly listed at an incorrect price, Slingshot Disc Golf reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Slingshot Disc Golf reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Slingshot Disc Golf shall issue a credit to your credit card account in the amount of the incorrect price.
Confidentiality
We will maintain the confidentiality of all information you share with us, including any personal or business information, coaching plans, and goals. We will not disclose your information to any third party without your consent, except as required by law.
Disclaimer of Warranties
Our coaching services are provided “as is” and without any warranty or guarantee of any kind, whether express or implied. We do not guarantee that our services will meet your needs, or that they will be error-free, uninterrupted, or timely. We are not responsible for any damages that may arise from your use of our coaching services. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Intellectual Property
All materials and resources provided by us, including but not limited to coaching plans, worksheets, and other materials, are our property and are protected by intellectual property laws. You may use these materials solely for your own personal use and may not copy, distribute, or reproduce them without our express written consent.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Slingshot Disc Golf. The collective work includes works that are licensed to Slingshot Disc Golf. Copyright 2023, Slingshot Disc Golf ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Slingshot Disc Golf or purchasing Slingshot Disc Golf products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Slingshot Disc Golf or to purchase Slingshot Disc Golf products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Slingshot Disc Golf. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Slingshot Disc Golf used in the site are trademarks or registered trademarks of Slingshot Disc Golf.
Notice
Slingshot Disc Golf may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Slingshot Disc Golf.
Program Changes
Slingshot Disc Golf reserves the right to change, modify or cancel any programs as considered necessary. Any such change will be made known.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Slingshot Disc Golf or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Slingshot Disc Golf does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Slingshot Disc Golf is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Slingshot Disc Golf reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, pornographic, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Slingshot Disc Golf in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Slingshot Disc Golf, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. You understand that all action taken is performed voluntarily and is your own responsibility. Clients should seek independent professional advice before undertaking any physical, business or investment actions.
Termination; Term
We reserve the right to terminate this Agreement and our coaching services at any time for any reason. Upon termination, all fees paid by you to us will be forfeited. These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, and Indemnification, shall survive any termination.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Oregon, U.S.A., without giving effect to any principles of conflicts of law, and not by the 1980 U.N. Convention on contracts for the international sale of goods.
Third-Party Links
In an attempt to provide increased value to our visitors, Slingshot Disc Golf may link to sites operated by third parties. However, even if the third party is affiliated with Slingshot Disc Golf, Slingshot Disc Golf has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Slingshot Disc Golf. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Slingshot Disc Golf seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding our coaching services and supersedes all prior agreements and understandings, whether written or oral.
By using our coaching services, you agree to be bound by this Agreement. By entering into a Coaching Agreement either through signing a Coaching Agreement with Slingshot Disc Golf or paying any amount to Slingshot Disc Golf, you agree to abide by the terms and conditions as set out above. If you have any questions or concerns about this Agreement or our coaching services, please contact us.