P2P Millers Program P2P Millers Subscription Agreement
BEFORE YOU USE THE P2P MILLERS PROGRAM & THIS SUBSCRIPTION AGREEMENT (THE "AGREEMENT"), PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN PITCH 2 PITCH, INC ("OUR", "US", "WE", OR "PITCH2PITCH") LOCATED AT 11515 53RD AVE N PLYMOUTH MN 55442 AND YOU ("YOU", "YOUR" OR "YOURSELF") WHICH GOVERNS YOUR USE OF OUR ACADEMY PROGRAM.1. Purchased Services and Payment Terms.A. For so long as you are a customer of us and paying the monthly fee as required by this Agreement, PITCH 2 PITCH grants to you a non-exclusive right to use the P2P Millers Program (Classes & Access), subject to the restrictions set forth in this Agreement and any other restrictions communicated by us in writing.B. You shall choose the Services plan to be provided by us under the terms and pricing set forth at http://www.pitch2pitch.comC. By signing up for the Services, you agree to pay on a monthly basis the fees ("Service Fee") designated for the Service plan selected by you at http://www.pitch2pitch.com D. Subject to Section 1(g), at the end of each month, your subscription will continue to automatically renew at the fee rate applicable to the Service plan which you have selected, unless terminated by us or until you notify us of your decision to cancel your subscription to the Services.E. Payments must be made by a major credit card (VISA, MasterCard). You will be charged in arrears for the Services at the end of each month ("Billing Date").F. If we do not receive the full amount of your Service Fee within 15 days of the Billing Date, a late payment charge of $50 per month may be added to your bill and immediately become due and payable.G. You agree to pay us all reasonable attorney's fees and costs incurred by us to collect any past due amounts. Your account will be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within 30 days of cancellation or termination of the Services.H. We may amend the fees at any time with thirty (30) days written notice to you.2. Service Implementation and Registration.A. Service will begin at the time of purchase via the deposit.A. You agree to provide us with current, complete and accurate registration information for the Services and to maintain and properly update such information ("Registration Data").B. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service. You agree that you will not allow another person to use your service for access and use the Service under any circumstances.3. Service Use and Limitations.A. We will make reasonable efforts to make the Services available within the outlined schedule, except for: (i) planned downtime (of which we will provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems.B. Service classes must meet a minimum number of two (2) persons. Service classes not meeting these requirements may be cancelled without being rescheduled. Service classes cancelled be done so within Twenty-Four (24) hours of the Service class start time.C. Instructors and Service Class availability is subject to change.D. Service Access is Limited to Business Hours & Availability. Service Access is not guaranteed.4. Termination.You may terminate this Agreement at any time by notifying us one (1) month before the next billing cycle. We may terminate this Agreement, at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement. You agree that termination of this Agreement will not relive you of any obligation to pay any accrued charges. You shall be charged the full amount of the remaining program balance. All sections which by their nature should survive the expiration or termination of the Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
5. Limitation of Liability. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS OF THE PARTIES SET OUT HEREIN, IN NO EVENT SHALL EITHER PARTY'S LIABILITY EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY LICENSEE UNDER THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THE SOFTWARE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SOFTWARE.
6. Indemnification. You agree to defend, indemnify and hold us harmless from and against any and all liability, loss or damage, cost or expense, including but not limited to court costs, attorneys' fees, and any awards or damages caused by, relating to or incident to: (a) your use of the Services; (b) injury.
PITCH 2 PITCH, INC.
P2P Millers Subscription Agreement
This Subscription Agreement (the “Agreement”) is entered into between Pitch 2 Pitch, Inc., located at 11515 53rd Ave N, Plymouth, MN 55442 (“Pitch 2 Pitch,” “our,” “us,” or “we”), and the undersigned customer (“you,” “your,” or “member”). This Agreement governs your participation in the P2P Millers Program (the “Program”).
1. Waiver and Release of Liability
In checking the box below, I agree that Pitch 2 Pitch, Inc. is in no way responsible for the safekeeping of my personal belongings while I attend class.
I understand that classes at Pitch 2 Pitch, Inc. may be physically strenuous, and I voluntarily participate with full knowledge that there is risk of personal injury, property loss, or death.
I agree that neither I, my heirs, assigns, nor legal representatives will sue or make any other claims of any kind whatsoever against Pitch 2 Pitch, Inc. or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
2. Cancellation Policy
By purchasing this subscription, you agree to the following:
No refunds will be issued once the subscription begins.
You commit to payment throughout the entirety of the contract length.
All transactions and refund decisions are under the sole discretion of the CEO of Pitch 2 Pitch, Inc.
3. Purchased Services and Payment Terms
a. For so long as you are a customer of Pitch 2 Pitch, Inc. and paying the monthly fee as required by this Agreement, you are granted a non-exclusive right to use the P2P Millers Program (classes and access), subject to this Agreement and any other restrictions communicated in writing.
b. You shall select a Services plan under the terms and pricing set forth at:
www.pitch2pitch.com
c. By signing up for the Services, you agree to pay the monthly fee (“Service Fee”) designated for your chosen plan.
d. Subscriptions automatically renew monthly at the prevailing Service Fee unless cancelled by you with proper notice or terminated by us.
e. Payments must be made by a major credit card (Visa, MasterCard). You will be billed at the end of each month (“Billing Date”).
f. If full payment is not received within 15 days of the Billing Date, a $50/month late payment fee may be added to your account.
g. You agree to pay all reasonable attorney’s fees and costs incurred by Pitch 2 Pitch, Inc. to collect any past due amounts. Accounts more than 15 days past due may be deactivated without notice.
h. We may amend fees with thirty (30) days written notice to you.
4. Service Implementation and Registration
a. Service begins upon purchase and deposit.
b. You agree to provide current, complete, and accurate registration information (“Registration Data”) and promptly update it as needed.
c. You consent and authorize Pitch 2 Pitch, Inc. to verify Registration Data as required for participation. d. You agree not to share access to the Program with any other individual.
5. Service Use and Limitations
a. We will make reasonable efforts to provide scheduled services, except during: Planned downtime (minimum 8 hours advance notice provided), or
Circumstances beyond our control (acts of God, government, natural disasters, civil unrest, labor strikes, terrorism, etc.).
b. Classes require a minimum of two (2) participants; classes not meeting this requirement may be cancelled.
c. Instructor and class availability is subject to change.
d. Service access is limited to business hours and availability and is not guaranteed.
6. Termination
Pitch 2 Pitch, Inc. may terminate this Agreement at any time, without notice, if we believe you have breached any term of this Agreement.
Termination does not relieve you of the obligation to pay any accrued charges. You remain liable for the full balance of your program fees.
Sections that, by their nature, should survive termination (e.g., indemnification, limitation of liability) will remain in effect.
7. Limitation of Liability
To the fullest extent permitted by law:
Neither party shall be liable to the other for special, incidental, consequential, or exemplary damages, including lost profits, even if advised of the possibility.
Pitch 2 Pitch, Inc.’s liability shall not exceed the total Service Fees paid by you under this Agreement. Your sole remedy if dissatisfied with the Program is to discontinue participation.
8. Indemnification
You agree to defend, indemnify, and hold Pitch 2 Pitch, Inc. harmless from any and all liability, loss, damages, costs, or expenses (including attorneys’ fees) related to your use of the Program or injury during participation.
9. Additional Terms
Memberships are non-transferable.
You affirm that you (or your child participant) are in good physical health.
In the event of an emergency, you authorize medical treatment at a local hospital and accept all responsibility for costs incurred.
You grant Pitch 2 Pitch, Inc. permission to use photos or videos taken during training activities for promotional purposes.
By checking the box and signing below, you acknowledge that you have read, understood, and agree to the terms of this Agreement.
I AGREE