This agreement was last modified on 03 Sep 2020.
1. Definitions and applicability
a. Client: the natural or legal person who has instructed the contractor to supply or manufacture goods or services;
b. Contractor: the applier of the general conditions, in this case joystate.org, located and registered in Brazil under number 24.338.145/0001-84.
1.3 The applicability of any alternate purchase conditions or other conditions of the customer is explicitly rejected
1.4 Any and all electronic communication and/or faxes are regarded as written documents. Electronic data traffic is defined as messages sent by e-mail, Web, EDI (Electronic Data Interchange) and comparable forms of data transmission.
2. Offer and Acceptance
2.1 We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and supervision of a parent or legal guardian. If you are a minor, please do not disclose any personal information to us or any other website visitors without with the permission and supervision of a parent or legal guardian.
2.2 You understand and agree that your use of our website is limited and non-exclusive. We may terminate your license to access and use our website, for any reason, and without prior notification.
2.3 All offers and other statements by the Contractor are non-committal, unless explicitly stated in writing by the Contractor.
2.4 The Client is responsible for the accuracy and completeness of information provided to the Contractor, (by the Contractor, and/or on behalf of the Contractor. The Contractor will put together offers based on this information. The Client must always make sure that the requirements that are to be met by the Contractor are clear, accurate and complete.
2.5 The (mere) submission of a pricing, an estimate, a preproduction estimate or similar information, with or without a quotation, does not oblige the Contractor to enter into agreement with the Client.
2.6 Registration via the website only leads to an agreement if the entry form is completed and the full payment received by the Contractor.
2.7 Participants are registered on a first-come, first-served basis. If the maximum number of participants has been reached, the Contractor is free to refuse the Client’s application, and may offer an alternate activity. The Contractor is not obliged to compensate any damages incurred by the client.
2.8 The Contractor is not obliged under any circumstance to answer e-mails to the Client with extra content than that agreed upon in written form or to respond in a certain period. All communication from Joystate providing any extra content does not represent an adjustment of any previous agreement, unless specified in an agreement addendum and/or contract additive signed by the parties involved.
3. Price and payment
3.1 All prices do not comprise sales taxes and other charges imposed by the government, unless explicitly stated otherwise. All prices are in US Dollars, and the customer must effect all payments in this currency, unless agreed upon otherwise.
3.2 All cost estimates and budgets issued by the Contractor are provisional, unless explicitly stated otherwise by the Contractor. A Client cannot lay claim to any rights or expectations based on cost estimates issued by the Contractor. The available budget, calculated by the Client and communicated to the Contractor, cannot be regarded as the agreed upon price for the services to be performed by the Contractor. The Contractor is obliged to notify the Client in the event that costs exceed the estimate or budget issued by the Contractor, unless a written agreement to the contrary has been reached between the parties.
3.3 If the client consists of several natural persons and/or legal persons, each of those persons are jointly and severally obliged under the agreement to pay the amounts due.
3.4 With regard to the services performed by the Contractor, and the amount owed by the Client, the relevant documents and information from the administration or systems of the Contractor will be regarded as complete evidence, without prejudice to the right of the client to provide proof to the contrary.
3.5 Payments are to be completed all at once, unless expressly agreed upon otherwise in writing.
3.6 If Client and Contractor have come to an agreement with regard to payment in installments or on-going recurring payments, the contractor is within rights to adjust the relevant prices and rates with a 60 day notice prior to this adjustment. If the Client does not accept the adjustment, the Client is entitled to termination of the agreement in writing, in the case of a previously written agreement, or by cancellation via website/app, in the case or platform subscription. The Client must object within 30 days of being notified of the agreement. The agreement will be terminated on the date on which the adjustment would have come into effect. The client is not entitled to termination, however, if the parties have agreed in writing that the applicable prices and rates shall be adjusted in compliance with an agreed upon index or other measure.
3.7 The parties shall set the date or dates on which the Contractor will charge the Client with the fee for the agreed upon services. Amounts due shall be paid by the Client according to the agreed upon conditions, or the payment conditions listed on the invoice. In the absence of a specific provision, the Client shall pay the fee within a set period of time after the invoice date, as determined by the Contractor.
3.8 The Client is not permitted to suspend any payments or to offset any amounts owed.
3.9 In case of a prepayment, the Contractor is entitled to deliver at the time of the prepayment
3.10 In case of liquidation, bankruptcy or suspension of payment of the Client, or the filing of a request under proper public or private debt restructuring/negotiation departments, the principal obligations of the principal are due at once.
3.11 If the total amount due has not been paid within 14 days after the invoice date, the client shall, without any warning or notice of default, pay a contractual interest rate of 1.5% per month on top of the outstanding amount.
3.12 If the Client after a notice of default or reminder fails to pay within the period specified in the notice, the Contractor may relinquish the claim, in which case the Client is responsible for all judicial and extrajudicial costs, in addition to the amount originally owed for the service and/or product, including all costs as calculated by external experts. The extrajudicial costs are set at 15% of the amount due, including interest and compensation.
4. Information, documentation and confidentiality
4.1 The Client must provide the Contractor with all the information about himself or herself, and about any participants registered by the Client, that may be relevant to the viability and consummation of the contract. This information is to be provided, at the latest, upon conclusion of the agreement.
4.2 The Client must provide the Contractor with relevant information on any physical and/or mental conditions —including the use of alcohol, drugs or medication— as these can lead to discomfort, danger or risk to the Client, Contractor or other participants or their possessions.
4.3 The Client is aware that the Contractor may terminate the agreement immediately and without warning if the above information was not properly or not fully provided. In that case, the Contractor is not liable for any negative effects befalling the Client, including damage and/or injury incurred by the Client and/or third parties.
4.4 The Client is required to have on his person all relevant documents, such as a valid passport, identity card, travel permit, proof of inoculations and/or vaccinations, license and visas. If an activity cannot take place due to a missing document, the Client is solely responsible for any and all direct consequences.
4.5 The Client is the sole responsible for obtaining any information and/or documents from the authorities that are required in order to participate in our activities.
4.6 The Client and the Contractor shall ensure that all data received from the other party that is known to be, or should reasonably be known to be, confidential, is to remain secret. The party receiving the confidential information shall only use it for its designated purpose. Information shall in any event be considered confidential if one of the parties has marked it as such in advance.
4.7 Please be advised that Joystate and/or its representatives may earn affiliate commissions or other benefits from some third party goods and services recommended through our platforms. Although we only promote products that we deeply approve and that we are convinced that can be beneficial to our audience (Client), this promotion is uniquely to be faced as advertisement activity, with no partnership involved with the third parties. Thus, the Contractor cannot be deemed responsible for such products to any degree. You purchase them at your sole risk.
5. Intellectual property rights
5.1 All content on our website is owned by us and/or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content, and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us solely by e-mail.
5.2 The Contractor continues to be the sole proprietor of all property rights surrounding all documents submitted by the Contractor, including drawings, models, materials, designs, illustrations, photographs, films, procedures, methods, texts, or any other common audiovisual, visual or written documents or data carriers.
5.3 If you believe that your intellectual property rights have been infringed upon, please notify us solely by e-mail. Do not do it by social posts/comments open to the public, what will be considered vexing charge, subject to indemnity. Also, do not do it by private message on any social media, as it will be invalid and, thus, completely disregarded by our team. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
5.4 Unless otherwise agreed upon in writing, the Client does not have a claim to (intellectual) property rights of documents, drawings, materials, designs, models, illustrations, photographs, films, procedures, methods, texts, or any other common audio, visual and/or written documents or data carriers made available by the Contractor as part of the agreement. The Contractor does not transfer any IP Rights to the Contractor, unless stated otherwise. The Client may not record, publish, copy or make public any content developed by the Contractor, unless agreed in writing.
5.5 The Client will provide instant cooperation to enable the deposit of (intellectual) property rights by the Contractor. If desired by Contractor, (intellectual) property rights are surrendered by the Client as part of the agreement, and/or are made available so that these (intellectual) property rights may be obtained by the Contractor for further use.
5.6 If the transfer of (intellectual) property rights by the Client to the Contractor is not legally possible, the Contractor hereby grants an unrestricted, royalty-free, transferable and non-exclusive license, for the sole purpose of the completion of said transfer, and only for the duration of the agreement. If the parties have not agreed on a duration, the Client grants the Contractor aforementioned license indefinitely. The license goes into effect at the conclusion of the agreement.
5.7 Unless otherwise agreed upon in writing, (intellectual) property rights of documents, drawings, materials, designs, models, illustrations, photographs, films, procedures, methods, texts, or any other common audio, visual and/or written documents, or data carriers made available by the Contractor, are not transferred to the Client. The Client is not permitted to record, reproduce, or disclose any of the aforementioned (intellectual) property without written permission by the Contractor. Copyright 2020 Joystate and Rafael Roldan Mattei.
5.8 Unless otherwise agreed upon in writing, or integral to the proper consummation of the agreement, the Client is not allowed to advertise the Contractor’s trade name externally in any way.
5.9 All provisions above, regarding the rights and obligations of the Client with respect to the (intellectual) property rights of the Contractor, apply equally to the (intellectual) property rights of Mr. Rafael Roldan Mattei.
6.1 The Contractor may change any set dates and times at any time.
6.2 The Client must check the start time 24 hours before the activity is set to begin.
6.3 The Contractor is within rights to amend the agreement forthwith, if during an activity the Client is not capable, physically or otherwise, of continuing the activity, as determined by the Contractor who has full and sole discretion to do so at all times. The Contractor may decide to allow the Client to join an alternate program, follow a different route, or cancel his or her involvement in the activity entirely. The Contractor is not liable for any damage and/or injury sustained by the Client. Nor is the Contractor obliged to refund the payments made by the Client and agreed upon in the contract.
6.4 Irrespective of the above stipulations, the Contractor is within rights to modify the contract in case of extreme circumstances, for example in case of emergencies.
7. Dissolution, termination and cancellation of the agreement
7.1 Payments invoiced by the Contractor prior to the dissolution of the agreement, and pertaining to services that have already been properly supplied, remain due and payable at once at the time of dissolution.
7.2 Request for termination is to be made in writing, by clearly stating the reasons. If no notice was agreed upon between the parties, a reasonable period to submit the notice shall be observed. A reasonable notice for termination by the Contractor is a minimum of two months.
7.3 The Client is never authorized to prematurely end a service agreement or contract into which the Client entered for a fixed period of time.
7.4 The Contractor may terminate the contract in writing without notice, and effective immediately, in whole or in part if: the Client has been granted suspension of payment (provisional or otherwise); the Client has filed bankruptcy; the Client’s company has been liquidated or terminated for reasons other than reconstruction or merger; there has been a significant change in management over the Client’s company. If termination follows from an instance of one of the aforementioned cases, the Contractor is not obligated to refund payments, nor liable for any damages. If the Client suffers bankruptcy, the Client loses the right to use the softwares and contents in accordance with international law, unless Client has a lifetime membership applied to the website only.
7.5 The Contractor is entitled to terminate the agreement immediately if, during an activity, the Client does not have the required (physical) condition to continue the activity. Contractor is not liable for any damage as a result. Nor is the contractor obliged to return the implementation of the contract payments made by the client.
7.6 The Contractor shall be entitled to terminate the contract immediately if the client does not follow the guidelines and / or instructions given in the context of safety. Contractor is not liable for any damage as a result. Neither is the contractor obliged to refund the payments made by the client for the completion of the agreement.
7.7 The Contractor is entitled to terminate the agreement and cancel the activity if 7 days before the starting date of the activity less than the expected minimum number of participants signed up. If the contractor makes use of this power, then the Client will recover any payments. Nevertheless, the client is not entitled to interest or compensation for other damages.
7.8 Within 03 (three) days after an online booking or purchase, the Client may cancel the payment with refund by sending an email to email@example.com. A processing fee of 5% will be applied, notwithstanding any eventual shipment costs which come at the expense of the Client. In case of cancellation of an activity by the client up to 03 days after the payment, there will be no refund at all. For purchases involving organization programs, face-to-face events and any other agreement made through a signed contract, please, consult conditions in the document itself.
7.9 The Client is entitled to nominate a replacement participant in case of cancellation of a live event, up to 48 hours before start of the activity provided by the contractor. In case the replacement candidate is accepted by the contractor, and a valid agreement between the contractor and the replacement candidate has been realized, then the Client will owe no penalty to the Contractor. The Client, however, does remain jointly and severally liable, besides for the replacement participant, for all obligations arising from both contracts against the Contractor.
7.10 Cancellation and / or nomination of a replacement candidate by the Client must be in writing, via email.
7.11 Once a partial or full reimbursement has been agreed upon by both the Client and the contractor, it may take up to 7 days or more for the transaction to be processed by Joystate, plus any conditions from payment gateways, merchant accounts and credit card companies.
8.1 The information on our website is provided on an ”as is,” and ”as available” basis. You agree that your use of our website is at your own risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
8.2 For participating in our video courses and live webcasts you need a solid internet connection. As a result, the system requires the most recent version of your browser, plugins and extensions. For best results we recommend the newest version of Google Chrome. Joystate will never be responsible of providing the means for the Client to connect to its contents, softwares and/or live activities, virtual or not.
8.3 Information on our website should not necessarily be relied upon and should not be construed to be professional advice of any type from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
8.4 If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
9. Liability and insurance
9.1 Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
9.3 The Contractor’s liability for indirect damages, consequential damages, lost profits, lost savings, loss of goodwill, damage through business interruptions, damage ensuing from claims by customers of the Client, damages related to the use of prescribed materials by the Client to the Contractor, damages to equipment or software of third parties prescribed by the Client to the Contractor are excluded. Also excluded is the liability of the Contractor on account of mutilation, destruction or loss of data or documents. Any other liability or any order is also excluded.
9.5 The condition for the existence of any right to compensation is always that the damage must be reported in writing by the Client to the Contractor as soon as possible after its occurrence. Any claim against the Contractor to damages shall be extinguished by the mere lapse of one week after the event arises.
9.6 Client shall safeguard the Contractor against all claims from third parties.
9.8 The Client is jointly liable for all obligations deriving from the agreement. Similarly, with respect to any other persons for which the Contractor has booked/organized an activity.
9.9 The Client shall be adequately insured for all damages and any consequential damage on all possible claims that may arise during the activity and will stay adequately insured during the execution of the agreement.
9.10 Notwithstanding the foregoing clauses, the amount for which the Contractor could possibly be liable cannot exceed the amount that its insurer remunerates for the case
10. Force majeure
10.1 The Contractor is not obliged to fulfill any obligation, including any warranty obligation agreed upon between the parties, if the party is prevented from doing so due to a force majeure. Force majeure shall include: (i) force majeure of suppliers (ii) failure to properly fulfill obligations by suppliers arranged by the Client to the benefit of the Contractor, (iii) Deficiency of items, equipment, terrain, software or materials of third parties whose use set by the Client to the Contractor, (iv) governmental actions, (v) electricity failure, (vi) internet, computer or telecommunication facilities malfunctioning, (vii) war, (viii) work occupation, (ix) strike of Contractor’s personnel, representatives or relevant 3rd parties (x) general transport of the Contractor’s personnel, representatives or relevant 3rd parties (xi) the unavailability of one or more employees.
10.2 The Contractor has the right to terminate the agreement in the event of a force majeure situation described above. The services already performed under the agreement, will be settled proportionately in that case, without the parties owing each other anything for the remainder.
11. Obscene and offensive content
11.1 Any controversial content such as Pornography, X-Rated material, Hate, content that incites or encourages violence or illegal activities is not allowed on any of our online spaces. We reserve the right to make final determination on what shall deemed acceptable. Should you have a question about the nature of the content you wish to broadcast on any of our online spaces, please contact support directly.
11.2 If you are making video’s/photos of your training activities and share it on the internet, we are not responsible for any obscene or offensive content that you include and/or receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove any material posted on our websites.
12. Transfer of rights and obligations
12.1 The Client is not entitled to sell and/or transfer the rights and / or obligations under the agreement to a third party, without the prior written consent of the Contractor.
12.2 The Contractor shall at all times be entitled to transfer claims to payment of fees to a third party.
13. Applicable Law and Disputes
13.1 The agreements between Contractor and Client are governed by Brazilian law. The Vienna Sales Convention 1980 is excluded.
13.2 All arbitration must occur in the jurisdiction of Piracicaba, SP, Brazil. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the Brazilian arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. Each party shall bear half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees
13.3 Disputes arising between the Contractor and the Client following an agreement between the Contractor and the Client or as a result of further agreements resulting therefrom shall be settled by the Piracicaba City Court, SP, Brazil.
15. Procedure for complaints
15.1 If a conflict arises during an activity that cannot be resolved adequately the Client has the option to submit its complaint to an independent committee reviewing complaints. This committee consists of Mrs. Patrícia Costa and Alexandre Britto.
15.2 A complaint will be reviewed with confidentiality. The committee will provide a ruling within 4 weeks from submission of the complaint, which is binding for Joystate. Any consequences for Joystate following the ruling will be dealt within more 4 weeks from written notification of the ruling with proof of receipt.
1. Think before you act
As with all physical activities, application of the Joystate Method and any related practices entails some degree of physical and mental risk. Be cognizant of your own capabilities and limits, both physical and mental, and act accordingly. If you have any concerns or questions regarding particular exercises, always feel free to contact us.
Adhere to the following precept at all times: NEVER CONDUCT JOYSTATE ACTIVITIES IN PLACES WHERE LOSING CONSCIOUSNESS IS EXTREMELY DANGEROUS (e.g. in water, whilst driving, etc.).
2. Take responsibility for your own actions
When you act on knowledge or insight, perceived or otherwise, pertaining to the Joystate method, and related matters discussed on our online spaces (e.g. websites, social media, YouTube), podcasts, books, manuals, or other content outlets, or those of related third parties, you do so voluntarily, and assume full responsibility. Accordingly, you agree to not hold Joystate and/or its representatives, agents, suppliers, etc. responsible for any injuries or damages (you may incur) as a result.
3. We are not doctors, medics or a medical institution
Nothing from Joystate and/or its representatives should be taken as medical advice. We may offer suggestions regarding physical and mental health —in the form of suggested exercises, nutrition, daily patterns, etc.— but such information is merely intended for educational and informational purposes, and we do not profess legitimate medical expertise. Furthermore, no recommendations or suggestions (whether specific or generic) should be regarded as medical diagnosis or treatment. For qualified advice regarding medical questions, please consult medical professionals.