Samsara Subscription Terms of Service
The following terms and conditions constitute a legally binding contract (the “Agreement”) that governs
the subscription services (“Subscription Services”) provided by Samsara Mountain Experience, LLC.
d/b/a Samsara Experience (“Samsara”, “we”, “our”) to you (“you” or “yours”). The Subscription Services
are offered subject to your acceptance without modification of all of the terms and conditions
contained herein. We also have other policies and procedures including, without limitation, Terms of
Service, Privacy Policy, and others. Those policies contain additional terms and conditions, which apply
to the Subscription Services and are integral part of this Agreement.
- Subscription Plans. To enjoy full access to Samsara training programs, educational materials such as writing,
videos, online content, training plans, community platforms, live-streamed online meetings, you need to sign up for a
Subscription. A Subscription starts on the the date that you sign up for a subscription and submit payment via a valid
Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a
different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each
billing cycle is one month in length (a “Subscription Cycle”). Your Subscription automatically renews each month, and
we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription
is canceled or terminated. For example, if you purchase your Subscription on January 3, your Subscription will
automatically renew on February 3 (as further explained in “Subscription Cycles,” below). You must provide us with a
current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time
to time. If you add a Subscription to your base Subscription or if you upgrade or downgrade to a different
Subscription, all such Subscriptions will be governed by these Terms and will continue indefinitely until canceled or
terminated.
- Duration and cancellation. In the case of any Promotional Offer, the corresponding Promotional Period shall
continue for the period as advertised, subject to section 1, above. Unless you cancel a Promotional Offer before the
end of the Promotional Period, you will automatically become a recurring subscriber to the type of Service that you
chose to sign up to under the Promotional Offer and the payment method you provided will automatically be
charged the then-current monthly price. Any time-capped features of that Service will be reduced by the length of
the Promotional Period. If you cancel a Promotional Offer during the Promotional Period, you will lose access to the
Service at the end of the Promotional Period. To cancel email kristenr@samsaraexperience.com with a request to
cancel.
- Subscription Billing and Auto-Renewal. Your subscription to the Services includes enrollment into an
ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing
period, unless canceled in accordance with the instructions for cancellation below. Payment will be charged to your
chosen payment method at confirmation of purchase and at the start of every new billing period, unless canceled.
Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your
subscription. For purposes of this Agreement, a “day” or “date” begins at 12:00 a.m. Mountain Standard time and ends
at 11:59 p.m. Mountain Standard time of that same calendar day. You acknowledge that the timing of when you are
billed may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a
monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on
February 28), due to free trials and other promotional offers,, credits applied, or changes in your subscription or
payment method. We may also offer you the ability to pause your subscription for a specified period of time. If you do
not cancel before the end of the pause period, billing will resume automatically. We reserve the right to change our
pricing. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to
the email address you have registered for your account. If you do not wish to accept a price change, you may cancel
your subscription in accordance with the instructions included in that email and below. If you do not timely cancel
your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any
additional action by you, and you authorize us to charge your payment method for these amounts. We will not be
able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges
and taxes in connection with your use of the Services. Please check with
- Processing and Payment. We will process your purchase as promptly as possible. There may be a delay in the
activation of your product while payment details are verified. We accept major credit cards, PayPal and certain digital
wallet services. We reserve the right to reject any order or purchase at any time. If your initial payment authorization
is later revoked, your subscription, product or access will be terminated. Contact our Customer Care group if you
believe your access was terminated in error. Unless specified otherwise in the Cancellation and Refund Policy, all
charges are nonrefundable.
4.1 To view or change your payment method, you need to login to your account and change your payment method
manually. You are responsible to keep your updated credit card information (new credit card number or updated
expiration date) current in your account. The disbursement of the updated credit card information is provided to us
at the election of your credit card issuer. We are not responsible for the distribution of your updated credit card
information. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to
contact your credit card issuer with regards to your right to opt out of the update service.
- Cancellation and Refund Policy. You can cancel your subscription at any time before the end of the current billing
period, free trial or promotion. Cancellation will take effect at the end of the current billing period unless otherwise
disclosed. If you cancel, you will continue to have access to the Service through the end of your current billing period,
unless you are subscribed through a free trial, promotional code or other credit, in which case cancellation may be
effective immediately. If you modify your subscription to switch from one Service to another Service during your
billing period, you may not have continued access to your original Service. You must cancel your subscription prior to
11:59 p.m. Mountain Standard time on the day before your next recurring billing date in order to avoid being charged
for the next billing period. We do not refund or credit for partially used billing periods, although we may provide such
refunds or credits on a case-by-case basis in our sole and absolute discretion. If you cancel, including if you switch
your billing to a third-party, you will forfeit any service, referral. To cancel your Subscription to the Services, you will
need to log in to your account at samsaraexperience.com and cancel your Subscription.
- Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on
file. In the event your account or subscriptions are configured so that you receive separate bills relating to the Service,
we may consolidate such bills to reduce the number of separate charges you receive. We may share your payment
information within Samsara, if you have consented to such sharing. Where your details change or are due to expire,
we may obtain or receive from your payment provider updated payment details including your card number, expiry
date and 0/V (or equivalent). This enables us to continue to provide you access to the Services. You authorize us to
continue to charge your card using the updated information. In the event of a failed attempt to charge to your
payment method (e.g. if your payment method has expired), we reserve the right to retry billing your payment
method. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may
suspend or terminate your subscription. You will remain responsible for any amounts you fail to pay in connection
with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’
fees, and arbitration or court costs. You also agree that we may charge your payment method on file if you decide to
restart your subscription.
- Billing and Payment. Users of the Service may be required to provide their credit card details to Webflow or the
payment service provider retained by Webflow (the “PSP”). Users will be responsible for paying all applicable fees
related to their use of the Service (the “Fees”). You are solely responsible for all federal, state, and local taxes, including
sales, use, VAT, or similar transaction taxes imposed on your paid subscription to the Service, unless you provide
Webflow with a valid tax exemption certificate (“Taxes”). All Taxes payable by you will be separately stated and
exclusive of the Fees. Notwithstanding the foregoing, you will have no liability for taxes that are statutorily imposed
on Webflow, including taxes or fees based on Webflow’s net or gross income. All paid plans must enter a valid
payment account. Free accounts are not required to provide payment account information. We will immediately bill
you upon any upgrade from the free plan to any paying plan.
7.1 Subscription Cycles: Samsara offers but is not limited to monthly/quarterly/semiannual/annual Subscription
Services Plans. For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable.
There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months
unused with an open account. For monthly/quarterly/semiannual/annual payment Plans, the Service is billed up front
for the designated Subscription period and is non-refundable. Your Subscription plan will automatically renew for
successive one (1) subscription period , and you will be charged the applicable Fees on each corresponding
anniversary of your purchase, whether it be monthly/quarterly/semiannual/annual unless you cancel your Account
plan prior to the end of the then-current annual term. There will be no refunds or credits for partial terms of service,
upgrade/downgrade refunds, or refunds for unused terms with an open account.
- Payments, Billing, and Renewals
8.1 Monthly/Quarterly/Semiannual/Annual Subscription Plans. Payment by credit card or debit card. If you are paying
by credit card, you authorize us to charge your credit card or bank account for all fees payable during the
Subscription Cycle. You further authorized us to use a third party to process payments and consent to disclose your
payment information to such a third party. This agreement shall automatically renew for an additional term if either
party fails to give the other written notice of their intent not to renew at least 30 days prior to the expiration of the
current term.
8.2 Refunds. We strive to provide a valuable and satisfying experience. Refund requests will be considered on a
case-by-case basis. An administration fee will be deducted from the total refund amount. For assistance, please
contact our support team at info@samsaraexperience.com.
8.3 Renewal of Subscriptions. Your initial subscription term will be specified in your Order, and unless otherwise
specified in your Order, your subscription will automatically renew.
8.4 Early Cancellation of Subscriptions. We do not provide any early termination on prepaid subscriptions. For
assistance, please contact our support team at info@samsaraexperience.com.
- Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery
at the date and time which the Notice is sent:
- Email
- Provider’s Email: info@samsaraexperience.com
- Client Email: FirstLast@gmail.com
- Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Services
contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on
the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
- Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.
I HAVE READ AND CONSENT TO THE SUBSCRIPTION TERMS OF SERVICE. YOUR SIGNING THIS DOCUMENT
CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT AND OUR TERMS OF
SERVICE. If you do not agree to this Agreement, please contact info@samsaraexperience.com
Signature: __________________________________________ Date:___________
AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & INDEMNIFICATION AGREEMENT
Please read this contract carefully before signing. It releases your trainer from liability and waives certain rights.
In consideration for my participation in personal training with Samsara Mountain Experience, LLC, d/b/a Samsara Training, I, the Undersigned, understand, acknowledge, and contractually agree as follows (the Agreement):
1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating in mountain sports physical training, (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that I am a “recreational participant” under the Wyoming Recreation Safety Act (W.S. § 1-1-121 et. seq.) and that participation in the Activity involves certain inherent dangers and risks. I agree that the following dangers or risks are inherent to the Activity, but that the following list is not exhaustive, and that there may be other dangers or risks that are inherent to the Activity not listed below: physical injury of any kind, including but not limited to strain, sprain, fracture, brain injury, internal injury, stroke, heart attack, or many other physical injuries too numerous to list here; exposure to airborne pathogens and viruses, including but not limited to contraction of Covid-19; mental or emotional damage or distress from exposure to any of the above; damage to property; and death or permanent disability.
2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and inherent risks of doing so, and freely choose to accept the inherent and non-inherent risks of participating in the Activity; and further acknowledge and agree that there are other risks that may not be specifically set forth in this document and may be unknown to me. By signing this Agreement, I recognize that property loss, serious injury, permanent disability, and death are all possible while participating in the Activity. I expressly acknowledge and assume all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, whether inherent or not, known or unknown, that may result in physical injury, property damage, or death, as provided by the Wyoming Recreation Safety Act and by common law.
3. Participant’s Responsibilities and Representations: I represents that I am physically and mentally capable of participating in the Activity, and have the necessary physical dexterity to participate in athletic training without the direct, on-site supervision of a trainer. I assume the responsibility of monitoring my own health conditions and physical condition, and to make my own decisions about whether to perform any exercise or part of the Activity. I am responsible for reading, understanding, and complying with all directions, including the instructions on how to perform certain exercises.
4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for Samsara Training’s agreement to allow me to participate in the Activity, I HEREBY AGREE NOT TO SUE Samsara Mountain Experience, LLC, d/b/a Samsara Training, its affiliated companies and subsidiaries, or any of their respective successors in interest, affiliated organizations and companies, contractors, principals, owners, members, managers, insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “Released Party”) for any injury or loss, including death, which I may suffer, arising in whole or in part out of my participation in the Activity. By signing this Agreement Not to Sue, I am waiving any right to make a claim or file a lawsuit against any Released Party. Also, I agree to hold harmless and release each and every released party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from my participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty.
5. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims by me and/or a third party arising in whole or in part from my participation in the Activity. IN OTHER WORDS, IF I AND/OR ANYONE ON MY BEHALF FILES ANY LAWSUIT OR BRINGS ANY CLAIM FOR INJURY OR DAMAGE AGAINST RELEASED PARTIES, I WILL BE REQUIRED TO PAY BACK TO ALL SUCH RELEASED PARTIES ALL SUMS OF MONEY INCURRED BY, OR PAID BY OR ON BEHALF OF ANY OF THE RELEASED PARTIES ON ACCOUNT OF THE BRINGING OF SUCH SUIT OR CLAIM, INCLUDING ALL ATTORNEYS FEES AND COSTS.
6. Acknowledgement that Agreement is a Binding Contract: I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is my intent that this Agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned.
7. Agreement to Application of Wyoming Law and Selection of Forum: In consideration for the released parties’ agreement to allow me to participate in the Activity, I agree that any and all claims for injury and/or death arising from my participation in the Activity shall be governed by Wyoming law (without regard to any conflicts of laws analysis under common law), and that the exclusive jurisdiction for any claim shall be in the State District Court of Teton County, Wyoming.
8. Miscellaneous Provisions: If any sentence, clause, paragraph or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original. I agree that any subcontractors or other vendors utilized by Samsara during or incidental to the Activity are solely responsible for injury that occurs to me while I am in their care, and that Samsara is not in a joint venture with any such vendor or subcontractor. I agree that Samsara is not a common carrier.
I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE.
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Signature
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Printed Full Name
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Date
