KALE AND KRUNCHES

Pregnancy Workout Guide

20 step-by-step videos, PDF recipe guide, and email support

Before making your purchase, please agree to the terms below by clicking the "I agree" button at the bottom of this page.

ONLINE SERVICES AGREEMENT

Welcome to Kale and Krunches Pregnancy Workout Guide. Marlie Cohen, owner of Kale and Krunches Inc., created this online Program to instruct and educate you on fitness, nutrition, and wellness during pregnancy. This Program was designed to support your prenatal health journey by providing you with easy to follow at-home video workouts and healthy recipes. This Guide is a direct response from feedback Marlie received during her own pregnancy, so you’ll be receiving instruction and modifications that truly suit any stage of your pregnancy journey!

There are important terms of service and legal acknowledgments that you must confirm before becoming a member. The purpose of this Online Services Agreement (the “Agreement”) is to communicate the mutual expectations for the Kale and Krunches Pregnancy Workout Guide, whereby for mutual consideration you agree to abide by the terms of the Agreement set out below. Please read carefully and make sure you understand and agree to accept all of the terms and conditions contained in this Agreement before clicking the acknowledgement at the end.

  1. The Parties. This Agreement is made between Kale and Krunches Inc., a Company located in the City of Toronto, Ontario (“Kale and Krunches,” “Our,” “We”) and You, the Purchaser. (“Purchaser,” “You” and “Your”).

  2. Our Commitment to You. Kale and Krunches will provide an online pregnancy workout guide and electronic cookbook (the “Program”) designed to keep you feeling healthy and fit throughout your pregnancy journey.

  3. The Program. By purchasing the Program, you will receive twenty (20) step-by-step workout videos, which are easy to follow, contain modifications and require minimal equipment. You will also receive an electronic PDF recipe guide for easy and delicious healthy recipes, and access to e-mail support. Your one-time purchase will provide you with lifetime access to the Program once you create your membership log-in.

  4. How Payment Works. Kale and Krunches requires payment in full of $79.99 USD through the online Program platform. Once you have purchased the Program and submitted the consent and acknowledgement of this Agreement, you will receive your membership log-in and access to the Program. There are absolutely no refunds.

  5. Payment Policies.

    1. Payment Method. All payments for the Program can be paid via the Program website and using PayPal and/or Credit Card.

    2. Credit Card Authorization. You acknowledge that Kale and Krunches, in consideration of providing the Program, will charge the credit card chosen by the Purchaser. Kale and Krunches is not liable for the storage of personal data, financial information, privacy or policies of any third-party platforms used to process payment.

    3. No Refunds. Upon clicking the acknowledgement at the end of his Agreement, you are responsible for the payment amount due. If you cancel or stop using the Program for any reason whatsoever, you are not entitled to a refund.

  6. Transfer Policy. You have the option to gift the Program, however all Program members are legally bound by the terms contained in this Agreement, whether or not they are the purchaser.  We encourage each user to purchase the Program independently, become a member, and to read the Agreement in order to acknowledge and confirm the terms they are bound by.

  7. Intellectual Property. Kale and Krunches has created this unique Online Pregnancy Workout and Recipe Guide to help you maintain an active and healthy lifestyle during pregnancy. You hereby acknowledge that all video, audio, and written content distributed during the Program belongs exclusively to Kale and Krunches Inc., the sole Copyright Owner of the original materials. By downloading or accessing the materials from Kale and Krunches, you have a license to use them for your individual use only. You are strictly prohibited from reproducing or distributing any part of the materials or sharing them with others without Kale and Krunches’ explicit permission to do so. All of Kale and Krunches Intellectual Property, including but not limited to, copyrighted Program materials, videos, audio, photography, recipes, unique content, displays, visuals, and all trademarks and trade names shall remain the sole and exclusive property of Kale and Krunches. You hereby acknowledge that it is strictly forbidden to infringe upon any of the rights attached to said intellectual property at any time.

  8. Privacy Policy. Kale and Krunches may collect personal information including your name, address and e-mail address, billing information, history, or other personally identifying information (“Confidential Information”). By providing such Confidential Information or other information to Kale and Krunches, you consent and grant Kale and Krunches permission to use and store such information. Kale and Krunches shall keep all Confidential Information private and will not sell, rent or share your email address or Confidential Information, except as required by law or in the public interest. You will only receive correspondence from Kale and Krunches if you have opted in or subscribed to any newsletters, YouTube channel, other online content or promotions from Kale and Krunches.

  9. Media Release. Kale and Krunches respects your privacy during pregnancy and fitness training, however, we’d love to be able to showcase you as a Program purchaser. You hereby agree to grant Kale and Krunches the irrevocable right and permission to use, throughout the world and in perpetuity, your image, likeness, photographs, video content, audio recordings or any other record of you that is captured during or in relation to the Program, whether by you or a third party, for any purpose whatsoever. This gives Kale and Krunches permission to use photos of you that you take or someone else takes that are related to you being a purchaser of the Program. For example, if you post a photo of yourself on your Instagram account of exercising using Kale and Krunches pregnancy workouts or cooking a Kale and Krunches recipe, this gives Kale and Krunches permission to repost it on our social media and any other online platforms without your express consent or any royalties. We would love you to share your testimonials and hope you will tag our Instagram, @kale_and_krunches, and other social media accounts throughout your pregnancy workout journey!

  10. Important Legal Acknowledgments. Please read this section. It is important that you understand that there are risks during online prenatal workouts and that if you do become ill or injure yourself, Kale and Krunches is not responsible and cannot be held liable for damages or losses. 

PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. YOU ARE ABOUT TO SIGN AWAY SOME OF YOUR LEGAL RIGHTS. MAKE SURE YOU UNDERSTAND THIS AGREEMENT.

    1. Inherent Risks. You understand that participating in the online Program, whereby you may perform physical exercise during pregnancy and change your diet and nutrition, has inherent risks some of which may be more obvious than others. These risks include but are not limited to dizziness, fainting, nausea, physical discomfort, skeletomuscular injuries (muscle tears, broken bones, etc.), cardiovascular issues (irregular heartbeat, heart attack, death etc.), injury to the fetus, and any other injury resulting from exercise, whether or not the injury came as a result of the negligence of yourself, negligence of others at the location of training, or negligence of the online instructor. Risks also include any pain, discomfort or illness resulting from change in diet, nutrition or with new foods and recipes. You understand that the risks outlined in this section of the Agreement are risks you will be exposed to during the Program and can result in serious bodily and mental harm, harm to the fetus, and a vast array of injuries which could alter your quality of living significantly and in extreme circumstances may even result in death. In addition to these risks, exercising while pregnant can result in failed pregnancy, birth defects and enhanced nausea. Should you have any concerns or doubts about your health or ability to participate in any of the activities in the Program, which may include but are not limited to cardiovascular exercise, lifting light weights, bodyweight exercises, resistance training, stretching, and/or functional movement, Kale and Krunches insists you act prudently and inform your doctor immediately of your concerns. Take things slowly, make modifications and listen to your body. You hereby acknowledge that you are in good general physical and mental health and that you are able to adjust your nutrition and diet and exercise while pregnant.

    2. Medical Disclaimer. You acknowledge that Kale and Krunches is providing online workouts and a cookbook, and that the instructor Marlie Cohen is a certified fitness trainer, however you are not entering into a patient-healthcare-provider relationship. Marlie Cohen is not acting in the capacity of a registered healthcare professional and each participant must listen to their own body cues and the advice of their health care provider. Kale and Krunches strongly advises you to consult with your doctor prior to commencing the Program. You may not be able to participate in the Program throughout your entire pregnancy and it is your responsibility to consistently check in with your doctor and with how your body feels in order to determine the extent of participation in the Program. You hereby acknowledge that you will consult with a physician prior to beginning the Program or that you are certain that your medical and fitness levels are sufficient for you to participate in the Program. It is understood between the Parties that participation in the Program means you have taken the necessary precautions to ensure that you are healthy enough to do so.

    3. Voluntary Assumption of Risk. Having read this section of this Agreement and being fully aware of the risks of participation in the Program, by clicking the acknowledgement field below and purchasing the Program this illustrates your voluntary consent and assumption of the risks of the Program. You further agree that you have full capacity to agree to the voluntary participation in the Program.

    4. No Warranty. You understand that Kale and Krunches is providing workouts and recipes through the online Program and makes no promises or guarantees that you will achieve a target weight, strength, energy level or be cured of any specific ailment. Kale and Krunches makes no warranty that the services in the Program will lead to any specific goal or particular results and makes no promise that every purchaser will experience the same results. You acknowledge that the services provided in the online Program are provided without any express or implied warranties of any kind.  

    5. Release, Waiver, and Indemnity. In consideration of Kale and Krunches allowing you to participate in the Program and for good and valuable consideration, you hereby release Kale and Krunches Inc. and its agents, employees, contractors, heirs, executors, administrators, successors, and assigns from any liability and damages arising from the services provided, including physical or financial damages, personal injuries or death, injuries or death to the fetus, however caused including out of negligence, during your participation in the Program with Kale and Krunches. You understand that you are releasing Kale and Krunches of liability at your own risk and that you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Program. Further, you agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. You hereby indemnify and hold harmless Kale and Krunches Inc. and its agents, employees, contractors, heirs, executors, administrators, successors and assigns from any and all liability for any damages, financial loss or personal injury, and injury or damage to the fetus, resulting from your participation in the Program.

  1. Dispute Resolution. If problems arise, Kale and Krunches wants to be prepared and know that you are willing to have honest and open communication. If a dispute arises out of, or in connection with this Agreement, the parties agree to meet in person (or via online video conference) with an objective third party to act as the mediator, to be selected using a roster mediator in Toronto, Ontario, Canada to pursue resolution through negotiation and mediation before resorting to further legal recourse or litigation. If the dispute cannot be resolved after 30 days of mediation, and in the event of legal action, the prevailing party shall be entitled to recover all legal fees and court costs from the other party. All legal action must take place in the jurisdiction of the appropriate court located in Toronto, Ontario, Canada.

  2. Governing Law. This Agreement shall be governed and construed in accordance with the laws of Ontario, CANADA, without giving effect to any principles of conflicts of law. In any judicial proceeding involving a dispute arising from or with respect to this Agreement, the parties agree to submit to personal jurisdiction of the courts located in the city of Toronto, Ontario.

  3. Standard Legal Terms: Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by Kale and Krunches of any breach by You of any provision of this Agreement will not be taken to be a waiver of any further breaches by You. Notice. For the purpose of this Agreement e-mail will suffice for written notice when required as set out above. Signatures. Both parties agree and consent that e-signatures or clicking an electronic field or box are an acceptable form of signature. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding.

 

CONFIRMATION AND UNDERSTANDING OF AGREEMENT

You confirm that you have read and understood this Agreement prior to clicking the box below, and you voluntarily agree to its terms. You are aware that this is a binding legal contract and that by clicking the acknowledgment, you consent to the Agreement and are waiving certain legal rights which you or your heirs, next of kin, executors, administrators, assigns and representatives may have against Kale and Krunches Inc.