Last Updated: November 1, 2024

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Welcome to DashStrom. These Terms of Service (“Terms”), along with our Privacy Policy, are a binding legal agreement between you (as defined below), and DashStrom, and its affiliates, board, directors, advisors, employees, agents, contractors, and other personnel (“DashStrom,” “we,” “us,” or “our”). The Terms govern your use of our online and/or mobile services, website, software provided on or in connection with the service, and other offerings from DashStrom (“Offering”).  

 

Please read these Terms carefully before accessing and/or using any of the Offerings. By clicking on the “Accept” button, visiting our website, or accessing any of the Offerings, you represent that (1) you have read, understand, and agree to be bound by the Terms; (2) you are of legal age to form a binding contract with DashStrom; and (3) you have the authority to enter into this agreement personally or on behalf of the company you have named as the user, and to bind that company to the Terms.  Any use of the Offering is subject to these Terms. If you do not agree with the Terms, do not access and/or use the Offering. By continuing to use the Offering, you agree to be bound by the Terms. DashStrom may revise and update these Terms at any time. Your continued access to or use of the Offerings after such amendments constitutes your consent to be bound by the Terms, as amended.

 

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH DASHSTROM RELEASEES ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 25 FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND DASHSTROM RELEASEES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.

 

The information contained in the Offering is provided for informational or educational purposes only. Nothing in the Offering should be construed as business, financial, or legal advice on any subject matter. Users of the Offering, Coaches or otherwise, should refrain from acting on the basis of any content included in the Offering without seeking the appropriate financial, accounting, legal or other professional advice on the particular facts and circumstances at issue from the professionals licensed in their state of business. The content of the Offering contains general information for educational purposes only, and may not reflect current financial or legal developments. DashStrom expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of the Offering. Transmission of information to the Offering does not create a financial advisor-client, accountant-client, or attorney-client relationship between you and DashStrom.

 

1. Definitions.

1.1. Participant.  A parent, guardian, or attendee on behalf of themselves and their ward, child or children participating in the Activity.

1.2. Coach or Coaches.  Individuals, and/or legal entities, their employees, agents, contractors, and other personnel offering Activity or Activities on the Offering. The terms “you” and “yours” refer to the Coach.

1.3. Users.  Any person or entity using DashStrom Offering including Coaches and Participants.

1.4. Activity or Activities. Activity, program, class, or event.

1.5. Listing.  Activity offering by Coach. 

1.6. Booking.  Any booking or reservation made by Participant for a Listing. 

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2. Offering Usage.

2.1. Access to Offering. You may access and use the Offering, in accordance with the Terms for business and professional purposes. You are responsible for the activities of all Users who access or use the Offering through your Account as well as their compliance with the Terms. Individual user Accounts may not be shared amongst multiple individuals. If your affiliates use our Offering, you warrant that you have the authority to bind those affiliates to the Terms and you will be liable if your affiliates do not comply with the Terms. 

2.2. Limitations on Use. By using our Offering, you agree on behalf of yourself and your Users not to: (i) modify, prepare derivative works of, reverse engineer, decompile, or otherwise attempt to gain access to the source code of our Offering; (ii) knowingly or negligently use our Offering in a way that abuses or disrupts our networks, user Accounts, or the Offering; (iii) store within, upload, or transmit through the Offering any harassing, indecent, obscene, or unlawful material; (iv) market or resell the Offering to any third party; (v) use the Offering in violation of applicable laws or regulations; (vi) harvest, collect, or gather user data without lawful basis (e.g., consent); (vii) transmit through the Offering any material that may infringe the intellectual property, privacy, or other rights of third parties; or (viii) use the Offering to commit fraud or impersonate any person or entity. 

2.3. Changes to Offering. We reserve the right to enhance, upgrade, improve, discontinue, or modify our Offering as we deem appropriate and at our discretion. We may offer additional functionality to our standard Offering for no additional cost or premium feature improvements for an additional cost. Prices are not guaranteed. If we discontinue Offering or a portion thereof, your access to that portion of Offering will be terminated. 

2.4. Proprietary Rights, Marks. DashStrom and our licensors retain all proprietary right, title, and interest in the Offering, including all modifications, enhancements and upgrades made thereto, as well as in all trade names, trademarks, logos and other marks (together, the “DashStrom Marks”) that may be associated with or displayed within the Offering. You agree that you will not use or register any trademark, service mark, business name, domain name or social media Account name or handle which incorporates in whole or in part the DashStrom Marks or is similar to any of these except only as authorized by DashStrom in writing.

2.5. Offering Information. Additionally, we may, from time-to-time, disclose certain non-public information regarding the Offering and our business, such as marketing materials, sales data and plans, pricing, and product roadmap information, security and audit reports (including third party SOC reports), and specifications and requirements for Offering configuration (“Offering Information”). You agree to keep such Offering Information confidential, not disclose it to any third party, and only share it with your employees (and those of your affiliates), subcontractors, and consultants who have a need to know such Offering Information. You are responsible for ensuring that any such persons are aware of the confidential nature of such information and for any breach of these terms by such persons. You agree to tell us if you are requested to disclose Offering Information as part of any legal, regulatory, or other similar request. 

2.6. Feedback. If you provide DashStrom with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), DashStrom shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant DashStrom a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.

3. Coach Obligations.

3.1. You must be at least 18 years of age to access or use the Offering, and all Activity must be led by someone 16 years or older.   

3.2. You must comply with DashStrom’s safety recommendations and guidelines (“SafeStrom”) for any Activity provided by you to any Participant or User.

3.3. You must use the DashStrom Offering only for your Listings and booking Participants. No other medium may be used to book Participants unless otherwise approved by DashStrom in writing.

3.4. You must use DashStrom training modules only for any Activity booked with a Participant. 

3.5. During your use of the Offering and six (6) months thereafter, you must not solicit Participants to book private classes outside of our Offering to avoid unfair competition.

3.6. You and your staff must comply with the Terms and all requirements imposed by DashStrom at all times to access any of the Offerings and to provide any Activity to Participants, including passing a background investigation and reference checks, completing successfully training by the U.S. Center for SafeSport, and showing proof of prior experience with children (e.g., parent, teacher, coach, nanny, pediatric healthcare worker). 

3.7. You will cease to use DashStrom training modules and other intellectual property for any Activity or purpose upon termination of the Terms, or your access to our Offering.

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3.8. You must comply with the Terms and must not help or induce others to breach or circumvent these Terms.

3.9. You must act with integrity and treat others with respect. Do not lie, misrepresent something or someone, or pretend to be someone else. Be polite and respectful when you communicate or interact with others.

3.10. You must not discriminate against or harass others for any reason.

3.11. You must only use the Offering as authorized by these Terms or another agreement with us. You will not use, copy, display, mirror or frame the Offering, any Content, or DashStrom Marks without our consent.

3.12. DashStrom may modify its requirements at its sole discretion with reasonable notice. Your access to Offerings is conditioned upon your and your staff’s continued compliance with all of DashStrom’s requirements.

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3.13. You must comply with all applicable laws during your use of the Offering, and providing an Activity. 

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4. Coaching as a Team or Organization. 

If you Coach as part of a team, business, or other organization (“Team”), you are responsible and liable under these Terms for the acts and omissions of each entity and individual on your Team who participates in providing your Activity.  You also must inform your Team of your obligations under these Terms. If you accept terms or enter into contracts with third parties, you represent and warrant that you are authorized to enter into contracts for and bind your Team, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions

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5. User Accounts.

You must register a user account (“Account”) to access and use the features of the Offering. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Offering under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your Account information current. You may not transfer your Account to someone else. You must maintain the confidentiality and security of your Account credentials and must not disclose your credentials to any third party. You are responsible and liable for activities conducted through your Account and must immediately notify DashStrom if you suspect that your credentials have been lost, stolen, or your Account is otherwise compromised. 

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6. DashStrom Fees.

DashStrom may charge certain fees (“DashStrom Fees”) to Coaches for accessing the Offering, publishing your Listings, and completing Bookings. Except as otherwise provided herein, all fees paid to DashStrom are non-refundable. DashStrom reserves the right to change the fees at any time and will provide notice of any fee changes before they become effective. You agree to pay all DashStrom Fees associated with the Offering.

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7. DashStrom Fees Payment

 

7.1 DashStrom pays solely based on completed Bookings. 

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7.2 DashStrom will provide you with an online summary of the activity in your Account. DashStrom makes undisputed payments with the payment information provided to DashStrom by you generally on or before the first day of each month via electronic payment for all completed Bookings that ended at least thirty (30) days earlier in accordance. Payment shall be made in U.S. Dollars. 

 

7.3 Payments will be made in accordance with the following requirements: U.S companies must submit a properly formatted W9, and may request payment be done via ACH. 

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7.4 The parties will reconcile any discrepancy or questions in good faith. You must notify DashStrom in writing of any disputes regarding payment within 30 days of issuance of any such payment.  Failure to notify DashStrom will result in your waiver of any claims related to such disputed payment. 

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7.5 Each party making a payment under these Terms may deduct from such payment any withholding, sales, value added, and other applicable taxes (other than its net income taxes) which such party is required by law to deduct.  Each party is responsible for paying any other taxes, duties, or fees for which such party is legally responsible. 

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7.6 In the event DashStrom is due any sums under the terms of the Terms or for any other services provided by DashStrom to you, DashStrom may deduct or offset such amounts from any amounts owed to you. 

 

8. Termination

 

8.1 Termination. 

The Terms are effective starting your use of Offering. You may terminate these Terms at any time for any reason by deleting your Account. DashStrom may terminate these Terms and your Account for any reason by terminating your Account, or providing you with notice via email or using any other contact information you have provided for your Account. DashStrom may also terminate the Terms immediately and without notice and stop providing access to the Offering if (i) you breach these Terms, our Privacy Policy, or any other agreement between you and us; (ii) you violate applicable laws;  (iii) we reasonably believe termination is necessary to protect DashStrom, its Coaches, Participants, or other third parties; or (iv) if your Account has been inactive for more than two (2) years.

 

8.2 Effect of Termination. 

If you terminate your DashStrom Account, all Bookings will be automatically canceled, and you will not receive any payments for the canceled Bookings. When the Account is deleted, you are entitled to a restoration of your Account or any of Your Content within 30 days of deletion.  If your access to or use of the Offering has been limited, or your DashStrom Account has been suspended, or the Terms have been terminated by us, you may not register a new Account or access or use the Offering through an Account of another User. 

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9.    Survival. 
The clauses of these Terms that by their nature survive termination, shall survive to the extent necessary to effectuate the terms contained herein.

10.    Independent Contractor
DashStrom and you are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created between the parties with these Terms. You are not granted any power to bind DashStrom or incur obligations on DashStrom’s behalf without DashStrom’s prior written consent. You, and your employees, contractors or other personnel shall not look to DashStrom as your employer, partner, agent or principal, or be entitled to any benefits accorded to DashStrom's employees, including without limitation disability insurance, vacation or sick pay. You will be responsible for your own taxes, and insurance including without limitation unemployment, disability, worker's compensation, as well as licenses and permits usual or necessary for completing Coach’s Activities.

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11.    Insurance
You will obtain insurance for your Activity as required by DashStrom, and any applicable law. You will provide DashStrom with proof of insurance naming DashStrom as an additional insured under the policies. You must carefully review your insurance policy terms and conditions including coverage details and exclusions. 

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12.    Booking. 
When you receive or accept a Booking request via our Offering, you enter into a contract directly with the Participant, and you are responsible for delivering the Activity under the terms and at the price specified in your Listing. You also agree to pay all applicable fees including  DashStrom’s service fees (if any) for each Booking. DashStrom will deduct amounts you owe from your payout unless we mutually agree in writing to a different method. Any terms or conditions that you include in any supplemental contract with Participants must: (i) be prominently disclosed in your Listing description; and (ii) be consistent with these Terms, the Terms between DashStrom and Participants, and the information provided in your Listing. DashStrom in no way promises 100% Bookings for your Listings. You acknowledge and agree that not all Listings provided by you will be booked by Participants and therefore there is no guarantee that there will be revenue generated for Listing provided by you. 

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13.    Listing

13.1    Creating Your Listing
Your Listing in any of the Offering must include complete and accurate information about your Activity, your price, and any rules or requirements that apply to your Participants and/or Listing. You are responsible for your acts or omissions as well as keeping your Listing information (including calendar availability) and content up-to-date and accurate at all times. You may have multiple Listings for different Activities or similar Activities offered at different times and/or locations. 

13.2  Listing Pricing.
You may set your price and establish rules and requirements for your Listing in compliance with these Terms. You must clearly describe all fees and charges in your Listing description. Any fee changes to your Listings will not affect Bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate the Terms at any time pursuant to Section 8 (“Termination”).

14.    Cancellations and Modifications.

14.1    Booking Cancellations.
A Booking may be canceled by you or a Participant for Force Majeure reasons only. Frequent cancellations by you for any other reason may result in your Account suspension or removal from the Offering. Unless otherwise agreed to in writing between DashStrom and you, DashStrom will not provide any refunds to Participants for a cancellation by you or the Participant.

14.2    Booking Modifications. 
Coaches and Participants are responsible for any Booking modifications they agree to make via the Offering and you agree to pay any additional amounts, fees or taxes associated with a Booking modification by you.

15.    Taxes.
In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that DashStrom may issue, on your behalf, invoices or similar documentation for your Activity to facilitate accurate tax reporting.

16.    Content.

16.1 Some areas of the Offering allow Users to post content such as profile information, photographs, comments, questions, location information, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service (“Content”). Any Content submitted by a User is User Content (“User Content”). You retain ownership of your Content.

 

16.2 You agree not to post Content that: (I) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, violent, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. DashStrom reserves the right, but is not obligated, to reject and/or remove any Content that DashStrom believes, in its sole discretion, violates these provisions.

 

16.3 For the purposes of the Terms, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

 

16.4 In connection with your Content, you affirm, represent and warrant the following:

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a. You have the consent of every identifiable natural person in the Content to use such person’s name or likeness, and each such person has released you from any liability that may arise in relation to such use.

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b. Your Content and DashStrom's use thereof as contemplated by the Terms and the Offering will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

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c. DashStrom may exercise the rights to your Content granted under the Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

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d. To the best of your knowledge, all your Content and other information that you provide to us is truthful and accurate.

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e. You will use Content made available through the Offering solely as necessary to enable your use of the Offering as a Coach. You agree not to use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us. You will not engage in any practices that are intended to manipulate our search algorithm.

 

16.5 DashStrom takes no responsibility and assumes no liability for any Content that you or any other User or third-party posts or sends over the Offering. You shall be solely responsible for your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that DashStrom shall not be liable for any damages you allege to incur as a result of User Content.

 

16.6 By providing Content, in whatever form and through whatever means, you grant DashStrom a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner to provide and/or promote the Offering, in any media or platform, known or unknown to date and in particular on Internet and social networks. If User Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy . 

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17.   Offering Content as Intellectual Property. 

 

17.1 Content made available through the Offering, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information, workouts, training modules, printable training documentation, and other content (“Offering Content”), whether registered or unregistered, may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Offering Content are DashStrom’s and/or its licensors’ exclusive property and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices.

 

17.2 Unless otherwise allowed, you may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any   Offering Content accessed through the Offering except to the extent you are the legal owner of that   Offering Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, DashStrom grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Offering mobile application; (ii) access and view the Offering Content made available on or through the Offering and accessible to you; and (iii) print materials in the DashStrom Learning Portal.

 

 

18. Reporting Violations.

If you believe that a User, Listing or any Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting DashStrom. In addition, if you believe that a User, Listing, or any content has violated our Terms, you should report your concerns to DashStrom. If you reported an issue to local authorities, DashStrom may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

 

 

19. DashStrom’s Role.

While we work hard to ensure Users, Coaches and Participants have great experiences using DashStrom, we do not and cannot control the conduct of Users. You acknowledge that DashStrom (or its affiliates) has the right, but does not have any obligation, to monitor the use of the Offering and verify information provided by Users. You agree that we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Offering (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) address Content that we determine is harmful or objectionable; (iv) take actions set out in these Terms; and (v) maintain and enforce DashStrom listing criteria, including by removing Listings that don’t meet criteria. You acknowledge and agree that DashStrom administers its Terms at its sole discretion. You agree to cooperate with and assist DashStrom in good faith, and to provide DashStrom with such information and take such actions as may be reasonably requested by DashStrom with respect to any investigation undertaken by DashStrom regarding the use or abuse of the Offering. DashStrom is not acting as an agent for any User.

 

 

20.   Confidentiality

 

20.1“Confidential Information” means any and all written or oral information identified as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances. Confidential Information excludes any information which  (a) was lawfully known to the receiving party (“Receiving Party”) prior to the date of such disclosure as evidenced in writing; (b) is developed by Receiving Party independently of any Confidential Information received from the disclosing party (“Disclosing Party”); (c) is in the public domain by reason other than a breach of the Terms; or (d) is received from a third party who is lawfully in possession of such information and without a breach of any obligation of confidentiality or non-use owed to the Disclosing Party or others.

 

20.2 The Receiving Party may disclose Confidential Information only within its organization, and with its affiliates, agents, representatives, consultants, and/or to those persons who have a need to know (“Representatives”) to fulfill the obligations of the Terms and have agreed in writing to keep it confidential. The Receiving Party and its Representatives shall maintain such Confidential Information in confidence, will not disclose it to anyone else, nor use it for the benefit of the Receiving Party or for the benefit of others without prior written consent of the Disclosing Party. Receiving Party agrees to take all necessary and reasonable precautions to prevent any unauthorized disclosure of such Confidential Information. Receiving Party may disclose the Confidential Information to the extent required by law or order of a court or governmental agency, provided the Disclosing Party is notified promptly in writing to obtain a protective order.

 

20.3 All Confidential Information produced or delivered by Disclosing Party shall remain the property of the Disclosing Party and shall be promptly returned or destroyed with certification upon request by the Disclosing Party.

 

20.4 Each Party will promptly notify the other Party upon discovery of any unauthorized use or disclosure of the Confidential Information, or any other breach of the Terms by such Party or any of its Representatives and will cooperate with the other Party to help the other Party regain possession of the Confidential Information and prevent its unauthorized use or further disclosure.

 

20.5 User Data. DashStrom may collect and use Users’ usage data of Offering (“Usage Data”) only to develop, improve, operate, and support its products and services to User. DashStrom will not disclose any Usage Data to any third parties unless (a) it is in accordance with the Confidentiality Section of the Terms; or (b) it is anonymized and aggregated such that it does not identify User’s Confidential Information. Except as set forth herein, Users are prohibited from collecting, using, or distributing any other User’s customer Usage Data for any purpose whatsoever.

 

 

21. Disclaimer of Warranties.

 

21.1 The Offering and all Content are provided “as is” and DashStrom disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. DashStrom does not warrant that the Offering, Content, information, materials or products included on or otherwise made available to you through the Site are free of viruses or other harmful components.

 

21.2 Additionally, we do not (i) endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Participant, Coach, Activity, Listing or third party; and (ii) warrant the performance or non-interruption of the Offering. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties DashStrom cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

 

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22. Assumption of Risk, Waivers, and Indemnification

 

22.1 Assumption of Risk

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a.  You acknowledge that your Activity carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Offering, any Activity, or any interaction you have with Participants and other Coaches and Users whether in person or online. You agree that you have had the opportunity to investigate the Offering and any laws, rules, regulations, or obligations that may be applicable to your Listings or Activity, and that you are not relying upon any statement of law made by DashStrom.

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b.  You assume full responsibility for any risks, injuries or damages, known or unknown, which might incur as a result of participating in the Activity including entering any premises or using any facility or equipment on the Activity premises for any purpose, whether or not engaging in any activity.  Your assumption of risk includes, but is not limited to, your use of any training materials including books, video, and audio, equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, lobby or other general areas of any facilities, supplies used in STEAM activities, use of musical instruments, and any other equipment used in the Activity. You agree that you are voluntarily participating in the Activity and assume all risk of injury, illness, damage, or loss to yourself or to your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of DashStrom or otherwise.

 

c.   You understand that physical exercise and other activities can involve a risk of injury and that it is your responsibility to consult with a physician prior to your participation in any Activity. You recognize that the Activity may require physical exertion that may be strenuous and may cause physical injury and you are fully aware of the risks and hazards involved. You understand that it is your responsibility to consult with a physician prior to and regarding your participation in any Activity. You represent and warrant that you are physically fit and you have no medical condition that would prevent your full participation in the Activity.

 

 

22.2 Waiver and Release

You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge DashStrom, and its affiliates, related entities, employees, contractors, agents, representatives, successors, and assigns (“Releasee”) from any and all claims or causes of action (known or unknown) arising out of the Activity, whether active or passive including without limitation, claims and damages which may occur as a result of your use of any supplies, equipment, or facilities, and covenant not to sue Releasee for any claim caused by your voluntary participation in the Activity

 

22.3 Indemnification

You agree to hold harmless, release, defend and indemnify the Releasees from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable court and attorney fees, arising out of or in any way connected with the Terms including (i) your breach of these Terms, (ii) your improper use of the Offering, (iii) your interaction with any User or Participant, participation in a Activity or Booking, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or participation, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

 

22.4 Waiver Acknowledgment

You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the state of Delaware and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that you have carefully read these Terms waiver and release and you fully understand that the Terms are a release of liability, an express assumption of risk, and an indemnity agreement. You have read and voluntarily agree to this waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

 

 

23. Name And Likeness

You are aware that during your participation in the Activity, your likeness may be captured through photographs and/or video recording with/without sound for the purpose of preserving memories and/or for media/advertisement, including posting your likeness on the DashStrom’s website or social media page. You hereby grant permission for your likeness to be used. You understand that should you choose to revoke this permission, the revocation is not effective until you have provided your revocation in writing to DashStrom. You understand that revocation of permission will not include any likenesses of you that have already been used for above purposes. You have read the above release and waiver of liability and fully understand its contents. You voluntarily agree to the terms and conditions stated above.

 

 

24. Limitations on Liability

NEITHER DASHSTROM (INCLUDING ITS AFFILIATES AND PERSONNEL) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE OFFERING OR ANY CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OF OR INABILITY TO USE THE OFFERING OR ANY CONTENT, (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH, OR AS A RESULT OF, YOUR USE OF THE OFFERING, OR (IV) PUBLISHING OR BOOKING OF A LISTING, INCLUDING THE PROVISION OR USE OF ACTIVITIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DASHSTROM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

In no event will DashStrom’s aggregate liability for any claim or dispute arising out of or in connection with the Offering and the Terms, including your interaction with any Coach or Participant, or your use of or inability to use the Offering or any Content exceed the amount paid to DashStrom in the 12-month period prior to the event giving rise to the liability.

 

 

25. Dispute Resolution and Arbitration Agreement

 

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND DASHSTROM AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A JURY TRIAL WAIVER.

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25.1 Agreement to Arbitrate.

You and DashStrom mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Offering, Activities, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). The Arbitration shall be in accordance with proceedings under American Arbitration Association rules.  The prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and DashStrom agree that an arbitrator will decide that issue.

 

25.2 Arbitrator’s Decision. 

The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the relevant Arbitration rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

 

25.3 Jury Trial Waiver

You and DashStrom acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.

 

 

26. Force Majeure

DashStrom shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

 

27. General

 

27.1 Governing Law, Venue, and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of Delaware, without regard to conflict-of-law provisions. Judicial proceedings must be brought in state or federal court in Delaware. You and we both consent to venue and personal jurisdiction in Delaware.

 

27.2 Other Terms Incorporated by Reference. 

Our Privacy and other current or future supplemental policies and terms linked to in these Terms shall apply to your use of the Offering and are incorporated by reference into this policy, and form part of your agreement with DashStrom.

 

27.3  Interpreting these Terms. 

Except as supplemented by additional terms (e.g., privacy policies) these Terms (including those items incorporated by reference) constitute the entire agreement between DashStrom and you pertaining to your access to or use of the Offering and supersede any and all prior oral or written understandings or agreements between DashStrom and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and DashStrom. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

 

27.4 No Waiver. 

DashStrom’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

 

27.5  Assignment. 

You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without DashStrom's prior written consent. DashStrom may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with prior written notice.

 

27.6  Notice. 

Unless specified otherwise, any notices or other communications to Coaches will be provided electronically and given by DashStrom via email, Offering notification, messaging service, or any other contact method we enable and you provide your contact information. Notice to DashStrom must be emailed to info@dashstrom.com.

 

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27.7  Third-Party Services. 

The Offering may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Your access to DashStrom’s Offerings is subject to such third-party terms and conditions. Please review those Third-Party websites for their terms and practices. DashStrom is not responsible or liable for Third-Party Services and does not endorse any Third-Party Services.

 

27.8  Compliance with Law.

You must comply at all times with all laws, rules, regulations, and contracts with third parties that apply to your Listing and Activity. The information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You must handle and use personal data of Participants and others in compliance with applicable privacy laws and these Terms, including our Privacy Policy. Please seek legal advice if you have questions about how the law applies to you and/or your business.