EncouraGYM Active Learning Programs, LLC  End User License Agreement

Play Gym Kit end user license agreement This Play Gym Kit End User License Agreement ("Agreement") is by and between EncouraGYM.com ("EncouraGYM Active Learning Programs, LLC"), a/an  Indiana corporation, and you, your heirs, assigns, agents and successors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of EncouraGYM Active Learning Programs, LLC' s Play Gym Kit ("Play Gym Kit") and represents the entire Agreement between You and EncouraGYM Active Learning Programs, LLC. By using EncouraGYM Active Learning Programs, LLC's Play Gym Kit, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which EncouraGYM Active Learning Programs, LLC may establish from time to time, including the Universal Terms of Service.

1. Materials

EncouraGYM Active Learning Programs, LLC grants You a non-exclusive license to use Play Gym Kit for such purposes as are ordinary and customary. You are free to use Play Gym Kit on any computer.

Play Gym Kit describes how to start your own children’s play program or gym.  The Play Gym Kit is intended to assist You in starting your own program.  Among other things, Play Gym Kit will give You:

1. Basic instructions on lesson plan preparation;
2. Basic instructions on birthday parties;
3. Information on where to find suitable play equipment;
4. Suggestions on software to use in running your program; and
5. Access to online training;

2. Payment  In consideration for the sale of the Play Gym Kit, Purchaser agrees to pay to EncouraGYM a fee of $499.00, which is due and payable in full upon execution of this Agreement, receipt of which is hereby acknowledged by EncouraGYM. Such payment shall be fully earned and non-refundable when paid, in consideration for the administrative and other expenses incurred by EncouraGYM in entering into this Agreement, and for EncouraGYM’s lost or deferred opportunity.  Such payment shall be made by certified check, cashier’s check, money order, paypal or cash

3. Liability, Limitations and Indemnification

EncouraGYM Active Learning Programs, LLC provides Play Gym Kit "as is" and without warranty or guarantee of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall EncouraGYM Active Learning Programs, LLC be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect, special, or consequential damages of any kind, even if EncouraGYM Active Learning Programs, LLC has been advised of the possibility of such damages arising from any defect or error in the Software.

You shall indemnify, defend by counsel reasonably acceptable to EncouraGYM Active Learning Programs, LLC, protect and hold EncouraGYM Active Learning Programs, LLC harmless from and against any and all claims, liabilities, losses, costs, damages, expense, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to Your use of Play Gym Kit.

Neither EncouraGYM Active Learning Programs, LLC nor its affiliates nor any of its employees shall assume responsibility for or be held liable for the acts or omissions of third parties, which include the search engine and directory site submission services. There shall be no refunds for any reason at any time. In no event shall EncouraGYM Active Learning Programs, LLC, its affiliates, or employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the third party services, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

EncouraGYM Active Learning Programs, LLC does not endorse the services of any third parties associated with the Play Gym Kit, and it is not responsible for any off-site web pages referenced.

Teacher shall indemnify, defend and hold EncouraGYM harmless against any and all damages, liabilities, attorney’s fees or costs incurred by EncouraGYM in defending against any claims or threats of claims arising from the business, products or services of Teacher, or Teacher’s use of the Mark.  EncouraGYM may appear through counsel of its own choosing.

Teacher shall, as an independent Teacher, be solely and independently responsible for all operational decisions, including, among others, the following: hours of operations, site location, pricing, standards of dress, physical layout, design and appearance of any location, class schedules, the length of each class session, class policies, employment policies and procedures, content, type, quantity, and budget for advertising and promotion, sales procedures, whether to sell merchandise, and if so, merchandise selection and price setting, and how to manage customer contacts and enrollments.

Teacher shall treat the Curriculum, including parent handouts, and Teacher Training Manual and all information contained therein, and any other information designated by EncouraGYM, as confidential, and shall use all reasonable efforts to maintain such information as secret and confidential.  These materials shall at all times remain the sole property of EncouraGYM.  Teacher acknowledges that the Curriculum and Training materials are protected by copyright and trade secret law and that they contain valuable confidential information.