Terms & Conditions

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This document was created using a template available at http://www.freenetlaw.com.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to morgan-stuart.com’ s use of cookies in accordance with the terms of [NAME]'s [privacy policy/ cookies policy].

License to use website

Unless otherwise stated, morgan-stuart.com and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or workouts from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • redistribute material from this website [except for content specifically and expressly made available for use by a team or individual young player without access to this website].

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Morgan Stuart’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

Restricted access

Access to certain areas of this website is restricted. Morgan Stuart reserves the right to restrict access to areas of this website, or indeed this entire website, at her discretion.

If Morgan Stuart provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Morgan Stuart may disable your user ID and password in her sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation to text, images, audio material, video material and audio-visual material) that you submit to this website or related email addresses, for whatever purpose.

You grant to Morgan Stuart a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Morgan Stuart the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Morgan Stuart or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Morgan Stuart reserves the right to edit or remove any material submitted to this website, or stored on her servers, or hosted or published upon this website.

Notwithstanding Morgan Stuart’s rights under these terms and conditions in relation to user content, Morgan Stuart does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Morgan Stuart makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Morgan Stuart does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, health advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Limitations of liability

Morgan Stuart will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Morgan Stuart has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Morgan Stuart’s liability in respect of any:

  • death or personal injury caused by Morgan Stuart’s negligence;
  • fraud or fraudulent misrepresentation on the part of Morgan Stuart; or
  • matter which it would be illegal or unlawful for Morgan Stuart to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Morgan Stuart has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Morgan Stuart’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Morgan Stuart’s coaches, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Morgan Stuart.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Morgan Stuart and undertake to keep Morgan Stuart indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Morgan Stuart to a third party in settlement of a claim or dispute on the advice of Morgan Stuart’s legal advisers) incurred or suffered by Stuart arising out of any breach by you of any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Stuart’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Stuart may take such action as Stuart deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Stuart may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Stuart may transfer, sub-contract or otherwise deal with Stuart’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with and workouts purchased constitute the entire agreement between you and Morgan Stuart in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with United States Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of California.

Morgan Stuart details

The full name of Morgan Stuart is Morgan Stuart and is referred to as Stuart in sections of this agreement.

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  • Evaluations have created these 3 Elite Classes- this is the first time we have tried scoring this way- scroll to see some of the things that were evaluated. Total score out of 30!

Other notes on Elite Classes:
• Must be a regular lesson to be considered
• If you were not in class for evaluations, you will not have a score this time around
• Next evaluations are TBD but if I feel you can be moved to elite class and there are spots, I will contact you.
• These girls will have first choice on whether they want to accept Elite class time or if they want to keep current lesson spot. Next highest scores will then be invited.

What’s the difference between an Elite Class and a regular class?
• We will have same class structure and teaching points each week- classes might be a little faster pace due to concepts already being mastered.

I will have some happy and upset lessons after announcing this but here’s the deal: YOU control your lesson experience.

A number is ONLY telling of how you stack up in points I have outlined in this evaluation. No matter what class you’re in, you can get better, get a great workout, and be a good teammate to make others’ experience better too.

Come see me in lessons to discuss your score. Happy Tuesday everyone 🖤
  • Big work day preparing for Seattle at the end of the week.

Can’t wait to see how these girls improve and work through the hard parts in stop #2 of @thepackageddeal Anniversary Tour 🖤
  • What can you do at home to get better? Endless things.

Trend right now is that players are showing up to mandatory team training and they are going through the motions. Focus and energy are down, practice is a “have to” instead of a “get to.” Yes, it takes a lot of hours and weekly training is going to help get you there, but if you’re not mentally “in,” then you’re practicing the wrong way.

Don’t just show up. Thanks for letting me reflect and share @natashawatley29 🖤

#defense #dwc #practice #softball
  • Putting @defenseclub on hold doesn’t mean I’m going to stop talking about the mental side or deprive my softball girls of it.

This is where the idea was born and this is the root of why I continue to post thoughts, ideas, and my own battles on social media:

I think I could have been so much better if I had focused more on what was inside of me than what it looked like I was accomplishing.

I think I would have had an easier time figuring out who I was outside of sport if I had gained perspective sooner and not placed so much of my identity in results of softball.

These ideas are not special to me or to the sport of softball- I believe this is the loose screw in majority of developing athletes that needs to be tightened up.

Especially with kids being pulled to 5 and 6 days a week of practices and games...even the less-than-normal amount of time devoted to “just being a kid” that elite athletes got has shrunk. Athletes have tripled their time being told what they need to be doing and severely decreased time needed to figure it out on their own.

There will be a shift and a rebalance and I’m just here hoping I can be on the side of mental wellness instead of burnout and instability.
  • HA. Perfect. There’s. No. Such. Thing.
  • A year ago I was:

Planning my first Groundwork event and gearing up to launch @defenseclub.

I felt like I was in the fast lane- excited for possibility and just trying to get it all done because I KNEW it had to.

I was grinding and not stopping because I had found my voice that spoke to those specific players- the one I used to be.

To date, I’ve had ✌🏼Groundwork clinics and Defense Club is now live- I did what I set out to do, so why do I feel like I’m underachieving?

I had to press pause on Defense Club because, honestly, I didn’t think it would be this hard.

I didn’t think it would take full time hours to keep having the conversation Defense Club starts- but it does. I didn’t realize I was riding the high of creation and that I’d be spent after reaching a finish line that wasn’t real.

I’ve had my own business and helped found another. I’ve worked a lot. I do not shy away from the details and daily routine needed to get things done- but not having the bandwidth to shoulder my passion project has been humbling.

In the last few months I’ve stepped back and gotten perspective. It’s funny to me that me, of all people, would be surprised that to have more it’s going to take more work.

My bad guys. I promised a lot and I’m going to work until I deliver, but I was forgetting that I’m human. And a lot of the time movement and change and growth claims a price at some point.

So here we are. Defense Club has been on pause, but in 2020, I’m pressing play.
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