YOU HEREBY AND SHALL AGREE, for good and valuable consideration including participation in the Sweat Collective Program, as follows:
Eligibility to membership in the Sweat Collective Program will be determined upon verification of a proof of your credentials through ID verification (see Sweat Collective page for details). Online ID verification is provided by a third-party verification service that works on our behalf to verify an individual’s affiliations (“SheerID”). Please pay attention to how you enter your information on the form so that it will match what is seen on the document(s). For example, enter your first and last name on the form as it appears on your official document(s). Your Discount will be automatically applied when you are logged into your account and your Sweat Collective toggle is switched to “on” position. You may need to go through the verification process again to renew your status once per calendar year.
Membership in the Sweat Collective Program is restricted only to individuals (a) who can form legally binding contracts under applicable laws; (b) who is a resident of the 50 United States, District of Columbia, or Canada; (c) who are 18 years of age or older (or the age of majority in your jurisdiction of residence, whichever is older); and (d) who are not barred from doing so under applicable laws.
Employees of lululemon are not eligible for membership in the Sweat Collective Program. Members of the Sweat Collective Program are responsible for ensuring their participation doesn’t violate any rules or regulations that they are subject to, including from their sponsorships or sport organizing bodies.
lululemon may determine eligibility at its sole discretion, make exceptions, change eligibility criteria and/or refuse membership in the Sweat Collective Program to any person. lululemon reserves the right to change, suspend, terminate or revoke its Sweat Collective Program, your membership therein, and/or the Discount at any time, for any reason without prior notice, including for any suspected violation of these SC Terms or fraudulent use of membership in the Sweat Collective Program.
You may be invited to participate in product testing activities and other activities related to the Sweat Collective Program (collectively, “Product Testing Activities”), including use of lululemon products in various athletic activities and evaluation of certain products (the “Test Products”). You may be exposed to information that is confidential and proprietary to lululemon or its licensors. This information may include, without limitation, non-public information, technology, product design, know-how, research, analysis, testing materials, intellectual property, trade secrets or other confidential information and proprietary information of lululemon or its licensors (the “Confidential Information”).
With respect to any Confidential Information, you agree as follows
You acknowledge and agree that you are fully aware that participation in the Product Testing Activities may involve risks, including in some circumstances risk of physical injury, serious physical injury or death and you accept all the risks of participating, even if the risks are created by the carelessness, negligence or gross negligence of a Released Party.
“Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury or death in connection with participation in the Product Testing Activities and Sweat Collective Program.
You hereby, for yourself and for your heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or Claims you may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, negligence or gross negligence of a Released Party or anyone else. Without limiting the foregoing, you further release any recourses which you may now or hereafter have resulting from any decision of any Released Party.
You agree not to sue any Released Party for Claims, even if the Claims arise from the carelessness, negligence or gross negligence of any Released Party or anyone else. You agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by you or anyone making a Claim on your behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
You are aware that it is advisable to consult and follow the advice of a physician prior to participating in the Product Testing Activities.
You grant permission to the Released Party and any transferee or licensee or any of them, to use your name, the name of your studio or fitness brand, nickname, image, likeness, and size information and utilize any photographs, motion pictures, videotapes, recordings and other references or records which may depict, record or refer to you for any purpose that are either collected taken of you by the Released Party through the Product Testing, or submitted by you to the Released Party (collectively, “Images and Identifying Information”), including commercial use by the Released Party. This permission is for use anywhere in the world and on the Internet and for an unlimited period of time. You understand and agree that you will not be compensated or receive additional consideration for consenting to the use of the Images and Identifying Information and that you will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use the Images and Identifying Information. You hereby release the Released Party including, without limitation, all persons who took or otherwise created, recorded or modified the Images and Identifying Information, from any and all claims, actions, damages, interest, costs, expense and compensation of whatsoever kind and howsoever arising, whether known or unknown, and which you now have or at any time hereafter can, shall or may have in connection with, or in any way resulting or arising from, the Images and Identifying Information and the creation, use or disposition of them.
All trademarks, service marks, trade names, logos and trade dress of lululemon whether registered or unregistered (collectively the "Marks") are proprietary to lululemon. You may not display or reproduce the Marks other than with the prior written consent of lululemon, and you may not remove or otherwise modify any trademark notices from any content provided by lululemon. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. Membership in the Sweat Collective Program does not entitle members to use the Marks in commerce, without the express written consent of lululemon.
As part of the program, you agree to receive electronic communications from lululemon either in the form of email sent to you at the email address listed on your account, phone numbers or other electronic means provided by you. You acknowledge and agree that any electronic communication shall satisfy any legal requirement that such communication be in writing. While you may unsubscribe from product notification or promotional emails, you will continue to receive information relevant to your membership in the Sweat Collective Program and/or any purchases you make.
For Canada residents, you acknowledge and agree that this SC Terms shall be deemed a written contract in satisfaction of Canada’s Anti-Spam Legislation (S.C. 2010, c. 23), and other applicable laws.
In connection with the Sweat Collective Program, lululemon may request and you may provide content and information including profiles, goals, opinions, messages, comments, photos, videos, product or services feedback or ideas and any other content or material that you submit ("Submission(s)"). You agree that you, and not lululemon, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to lululemon.
You represent and warrant that: (i) you own all Submissions submitted by you or otherwise have the right to grant the Licenses to lululemon set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) your Submissions do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order.
You agree to defend, indemnify and hold harmless lululemon, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) as a result of (i) your Submission; (ii) your breach or alleged breach of these SC Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss of damage we suffer as a result of your breach of these SC Terms.
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with these SC Terms, the Sweat Collective Program, or Discount must and will be venued exclusively in Vancouver, BC, Canada. These SC Terms and the relationship between you and lululemon will be governed by the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction. The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these SC Terms or to the transactions contemplated by these SC Terms.
If any provision of these SC Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these SC Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.
The official language of these SC Terms exclusively shall be, and all communications and agreements between lululemon and you and any proceedings in connection with these SC Terms exclusively shall be made in, the English language. lululemon and you waive any rights we may have under any other law to have these SC Terms written in another language, and any translation of this SC Terms will be for convenience only.
By agreeing to participate in the Sweat Collective Program, you agree to release the Released Party and their respective, directors, officers, employees and agents from all liability with respect to the Sweat Collective Program. By participating in the Sweat Collective Program, members hereby release the Released Party from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to participation in the Sweat Collective Program.