Terms of Service

1. Agreement to these terms

Whimsy Forge is operated by Charity LeBlanc LLC (doing business as "Whimsy Forge," "we," "us," or "our"), a Florida limited liability company. These Terms of Service ("Terms") govern your access to and use of the Whimsy Forge website, community, courses, and related services (the "Service").

By creating an account, purchasing a membership, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

Please read these Terms carefully. They include an assumption of risk and waiver of liability for fitness activities (Section 8) and a binding arbitration agreement and class-action waiver (Sections 15.2–15.3; you may opt out within 30 days — see Section 15.5).

2. Eligibility

You must be 18 years or older to create an account or purchase a membership. If you are under 18, you may use the Service only with the consent and active involvement of a parent or legal guardian who agrees to these Terms on your behalf and is responsible for your use. We do not knowingly allow children under 13 to use the Service.

3. Your account

You are responsible for the information you provide, for keeping your login credentials secure, and for all activity under your account. Provide accurate information and keep it current. Notify us promptly at support@whimsyforge.com if you believe your account has been compromised.

4. Membership, billing, and renewals

4.1 Plans and pricing

Whimsy Forge offers Basic and Premium memberships at the prices and billing intervals (such as monthly, quarterly, or yearly) shown at checkout. The price, interval, and what each plan includes are presented to you before you purchase.

4.2 Free trial

We may offer a free trial (currently a 7-day free trial of Basic membership). Unless you cancel before the trial ends, your membership automatically converts to a paid subscription and we charge the payment method on file at the then-current price. You may cancel at any time during the trial to avoid being charged.

4.3 Automatic renewal

Memberships renew automatically. At the end of each billing interval, your subscription renews for another interval of the same length and we charge your payment method the then-current price for that plan, until you cancel. By purchasing, you authorize these recurring charges. The billing interval and renewal terms are disclosed to you at checkout before you pay.

4.4 Cancellation

You can cancel at any time from your account page or by contacting support@whimsyforge.com. When you cancel, your membership remains active until the end of the billing period you have already paid for, and it does not renew after that. Refunds are handled as described in Section 4.5.

4.5 Refunds

• Within 14 days of a charge: if you cancel within 14 days of your most recent charge, you may request a full refund of that charge.
• After 14 days: memberships are otherwise non-refundable — your membership remains active until the end of the period you have already paid for. If you have a special circumstance, contact support@whimsyforge.com and we will do our best to help.
• We may limit or decline refunds in cases of apparent abuse (for example, repeated refund-and-resubscribe cycles).

To request a refund, contact support@whimsyforge.com.

4.6 Price changes

We may change our prices. If a change affects your subscription, we will give you reasonable advance notice, and the new price will apply to your next billing interval. If you do not agree to a price change, you may cancel before it takes effect.

4.7 Payment failures

If a payment fails, we may retry the charge and may suspend or cancel your membership if we cannot collect payment.

5. Acceptable use and community conduct

Much of Whimsy Forge is a community space. When you participate, you agree not to:

• harass, bully, threaten, or abuse other members;
• post content that is unlawful, hateful, harassing, sexually explicit, or infringing;
• impersonate others or misrepresent your affiliation;
• spam, advertise, or solicit without our permission;
• attempt to disrupt, reverse-engineer, scrape, or gain unauthorized access to the Service;
• share your account or course access with people who are not entitled to it.

We may remove content and suspend or terminate accounts that violate these Terms or harm the community, at our discretion.

6. Intellectual property

6.1 Our content

The courses, videos, workouts, written materials, designs, logos, and other content we provide are owned by Charity LeBlanc LLC or our licensors and are protected by intellectual-property laws. While your membership is active, we grant you a personal, limited, non-transferable, non-exclusive license to access and use this content for your own personal, non-commercial use. You may not copy, redistribute, resell, publicly share, or create derivative works from our content except as expressly allowed.

6.2 Your content

You retain ownership of the content you post to the community (such as posts, comments, photos, and projects). By posting, you grant us a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, and share that content as needed to operate and promote the Service. You are responsible for the content you post and represent that you have the rights to post it.

7. Health and fitness disclaimer

Whimsy Forge includes fitness and physical-activity content. It is not medical advice, and we are not a healthcare provider. Consult your physician before beginning any exercise program, especially if you are pregnant, have a medical condition, or have any concerns about your health. You participate in any physical activity at your own risk. Stop and seek medical attention if you experience pain, dizziness, or discomfort. Your participation in Fitness Activities (as defined in Section 8) is also governed by the assumption of risk and waiver of liability in that section.

8. Assumption of risk and waiver of liability

This section applies to your participation in the fitness and physical-activity programming we offer — whether delivered live (including live virtual instruction) or prerecorded, and whether online or in person — including workouts, classes, challenges, and training programs ("Fitness Activities").

8.1 Voluntary participation and assumption of risk

Your participation in Fitness Activities is entirely voluntary. Physical exercise carries inherent risks that cannot be eliminated even with careful instruction — including muscle and joint injuries, falls, heat-related illness, cardiac events, other serious injury, and, in rare cases, permanent disability or death. You knowingly and voluntarily assume all risks of participating in Fitness Activities, whether or not a particular risk is listed here.

You represent that you are physically able to participate in the Fitness Activities you choose and that you have obtained any medical clearance you need. You are responsible for participating within your own abilities and limits; for the safety and suitability of your equipment (including any props or substitutes you use), footwear, and workout space; and for following the instruction, modifications, cueing, and warnings we provide. If something feels wrong, stop.

8.2 Waiver and release of liability

This is a waiver of liability. To the fullest extent permitted by law, you — on behalf of yourself and your heirs, personal representatives, and assigns — waive, release, and discharge Charity LeBlanc LLC (doing business as Whimsy Forge) and its owners, managers, employees, contractors, instructors, and agents (the "Released Parties") from any and all claims, demands, causes of action, damages, and liabilities of any kind arising out of or relating to your participation in Fitness Activities, whether delivered live or prerecorded and whether online or in person, including:

• claims for bodily injury, illness, or death;
• claims arising from our programming, instruction, modifications, cueing, or warnings (or the absence of any of these);
• claims based on the ordinary negligence of a Released Party.

You agree not to sue the Released Parties for any claim you have waived under this section. Nothing in Section 11 (Limitation of liability) limits the releases in this Section 8 or revives a claim released here; Section 11 continues to apply to any claim that is not released under this Section 8.

Nothing in this Section 8 waives or limits liability for gross negligence, willful misconduct, or any other liability that cannot be waived or limited under applicable law.

8.3 Participants under 18

Accounts and memberships require the holder to be 18 or older (see Section 2). If you allow a minor to participate in Fitness Activities with your consent and involvement as their parent or legal guardian, you are responsible for deciding whether the activities are appropriate for the minor and for supervising the minor's participation. To the fullest extent permitted by law, you waive and release, on your own behalf, any claims of your own against the Released Parties arising from the minor's participation, and you agree to indemnify the Released Parties against claims brought by or on behalf of the minor arising from that participation, except to the extent caused by a Released Party's gross negligence or willful misconduct. Nothing in this Section 8 releases a minor's own claims.

9. Third-party services

The Service relies on third-party providers (for example, our community platform, payment processors, and email providers). Your use of those features may also be subject to the third parties' terms. We are not responsible for third-party services. How these providers handle your information is described in our Privacy Policy.

10. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any particular result (including any fitness, creative, or health outcome) will be achieved.

11. Limitation of liability

To the fullest extent permitted by law, Charity LeBlanc LLC and the other Released Parties (defined in Section 8.2) will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising from your use of the Service. The Released Parties' total liability for any claim relating to the Service will not exceed the amount you paid us in the twelve months before the event giving rise to the claim.

12. Indemnification

Except as provided in Section 8.3, you agree to indemnify and hold harmless Charity LeBlanc LLC and the other Released Parties (defined in Section 8.2) from claims, damages, and expenses (including reasonable legal fees) arising from your use of the Service, your content, or your violation of these Terms.

13. Termination

You may stop using the Service and cancel your membership at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Sections that by their nature should survive termination (including intellectual property, assumption of risk and waiver of liability, disclaimers, limitation of liability, indemnification, and governing law and dispute resolution) will survive.

14. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify you. Your continued use of the Service after changes take effect means you accept the updated Terms.

15. Governing law and dispute resolution

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules.

15.1 Informal resolution first

Before starting an arbitration or filing a claim, you agree to first contact us at support@whimsyforge.com and give us 30 days to resolve the dispute informally. Most concerns can be resolved this way.

15.2 Binding arbitration

If we cannot resolve a dispute informally, you and Charity LeBlanc LLC agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court — except as stated in Section 15.4. The arbitration will take place in Florida or, at your election, by telephone, by video, or based on written submissions. The arbitrator's decision is final, and judgment on the award may be entered in any court with jurisdiction.

15.3 Class-action waiver

You and Charity LeBlanc LLC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding.

15.4 Exceptions

Either party may bring an individual claim in small-claims court if it qualifies. Either party may also seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.

15.5 Your right to opt out

You may opt out of this arbitration agreement and class-action waiver (Sections 15.2–15.3) by emailing support@whimsyforge.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out will not affect any other part of these Terms. If you opt out, disputes will be subject to the exclusive jurisdiction of the state and federal courts located in Florida.

16. Contact

Questions about these Terms? Contact:

Charity LeBlanc LLC
7901 4th St N, Ste 300
Saint Petersburg, FL 33702-4399
Email: support@whimsyforge.com