Play Gym Kit End User License Agreement

							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 $979.00, 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.