Troop, Club, and Group License Agreement

Troop, Club, and Group License Agreement

LICENSE AGREEMENT

IMPORTANT – READ CAREFULLY: THIS LICENSE AGREEMENT IS A LEGAL CONTRACT BETWEEN THE LICENSEE  LISTED BELOW (LICENSEE) AND CURIOSITY UNTAMED LLC (LICENSOR) GOVERNING THE USE OF THE RELATED BRAND NAMES, LOGOS, WEBSITES AND COPYRIGHTED MATERIALS (COLLECTIVELY, THE “CONTENT”) AS FURTHER DESCRIBED BELOW.

This LICENSE AGREEMENT (“Agreement”) is entered into by and between Curiosity Untamed LLC., a California LLC (“Licensor”) and the person or entity, and their affiliates, who have purchased a Frontier Girls Troop Membership, Quest Club Membership or Group Membership, referred to herein as “Licensee”.

DEFINITIONS

Troop:  An organized program for youth or adults using the Curiosity Untamed LLC Content and the Frontier Girls name and logo with a currently paid Frontier Girls Troop Membership Subscription.

Club:   An organized program for youth or adults using the Curiosity Untamed LLC Content with a currently paid Quest Club Membership Subscription or a Frontier Girls Club Membership Subscription.

Group:  An organized program for youth or adults for educational purposes using the Curiosity Untamed LLC Content with a currently paid Group Membership Subscription.

Website: All websites and sub domains owned and operated by Curiosity Untamed LLC including, but not limited to, curiosityuntamed.com, frontiergirls.com, questclubs.com and shop.curiosityuntamed.com.

Content is for informational purposes only and is intended as a supplement, not a substitute, for information and safety procedures put forth by professionals in the field. Curiosity Untamed LLC does not guarantee the correctness or completeness of any material in the Content. Curiosity Untamed may make changes to the material in the Content at any time and without notice. The information contained in the Content does not consider specific circumstances and in no way constitutes legal, safety, business, or other advice to Licensee. Content is in no way to be considered all-inclusive and does NOT include comprehensive training in personnel practices and procedures, safety procedures, or child development. The use of these materials is at Licensee’s own risk. Any youth or adult program, club, organization, event, business or individual that uses the Content is not a division, branch, or department of Curiosity Untamed LLC. Their relative status is that of an independent purchaser and licensee.

Limited License

Curiosity Untamed LLC grants Licensee a non-exclusive, non-transferable, revocable, limited License to the Curiosity Untamed LLC Content, for use in youth or adult programming (“License”).   Curiosity Untamed LLC, in its sole discretion, may terminate the License at any time, for any reason, and without any notice.  Curiosity Untamed shall not be liable to Licensee or any third-party for any termination of access to the Content. The licensee agrees not to attempt to use or access Content after termination.

Licensee may not remove or alter copyright or other proprietary notices displayed on the Content; or access or use any Curiosity Untamed, Frontier Girls, or Quest Clubs logos, names or Content in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services, or brands. By acquiring services or Content from Curiosity Untamed LLC, Licensee agrees that use of the Content will comply with those requirements.

Licensee may access the Website, use the graphics, information, data, editorial and other Content only for personal use and not for commercial gain. The Content may be printed or downloaded onto mobile devices or desktops for personal use only and may not be shared. When printed or downloaded, the Content remains subject to the limited use License contained in this Agreement. Content restricted to paid subscriptions may only be used if a subscription is current.  If a subscription expires, all use of Content must cease, and any downloaded or printed copies of Content must be destroyed.

The Licensee agrees that all copyrights, logos, trade names, trade dress, and similar intellectual property rights in and to the Content provided by Curiosity Untamed LLC under this Agreement, including the Curiosity Untamed, Frontier Girls and Quest Clubs names and logos are the property of Curiosity Untamed LLC and are owned solely and exclusively by Curiosity Untamed LLC.  Licensee agrees that they will not sell for profit, reproduce, or use the Content in the production or sale of any materials or services.  Licensee agrees that they will not modify the Content in any way.

The Licensee may use the Content only while this Agreement is in effect.

Communications Between Curiosity Untamed LLC and Licensee

All communications to Licensee for the purpose of informing Licensee of changes or additions to the Agreement, or of any related products and services will be via email.  It is the Licensee’s sole responsibility to ensure that Licensee’s listed email remains current, and that Curiosity Untamed LLC emails do not end up in Licensee’s spam folder.

Membership Subscriptions:

Membership subscriptions are automatically renewing unless stopped. This means that once Licensee become a subscriber, the subscription will be automatically renewed and Licensee’s billing choice will be charged based on the membership subscription the Licensee purchased unless Licensee opts out or cancels by following the instructions in this Agreement. The renewal of the subscription takes place subject to the terms in force on the date of renewal.

Frontier Girls Troop Membership grants a license for group instruction only. All participants in a Frontier Girls Troop must have their own individual or family membership in order to have a license to use the Frontier Girls name and wear the Frontier Girls uniform. Frontier Girls Membership also grants a license to run a Quest Club if own and run by the same Licensee.

Quest Club Membership grants a license for group instruction only. Particpants in a Quest Club do not have to have their own personal membership unless they wish to have access to Content outside of club meetings.

Group Membership grants a license for group instruction only. Particpants in a group do not have to have their own personal membership unless they wish to have access to Content outside of group meetings.

Opting Out of Automatic Renewal.

Licensee may opt out of renewing their subscription by visiting https://curiosityuntamed.com/account/ ,  selecting Subscriptions, and then Stop, or by emailing kerry@curiosityuntamed.com.  Subscriptions must be cancelled at least 72 hours before renewal for the renewal not to take effect.  Any subscription purchased prior to January 1, 2022, MUST email kerry@curiosityuntamed.com to cancel.  A refund minus payment gateway fees will be granted if requested within thirty days of the paid renewal. For all renewals of subscriptions, if Licensee cancels their subscription renewal but are not eligible for a refund, Licensee will retain access to the Content until the subscription expires.  All refunds will be given to the original credit card or Paypal account on which the purchase was made. Please allow 5-10 days for the refund to be charged back to the account.  Fees resulting from a payment dispute or chargeback will not be refunded.

Passwords and Security

Usernames and passwords are personal to each individual and non-transferable.  If Licensee has volunteers who need access the Content, they must email kerry@curiosityuntamed.com to request free volunteer accounts under the Troop, Club or Group membership.  Volunteer accounts are granted at the sole discretion of Kerry Cordy and are not guaranteed.  Licensee is responsible for taking reasonable steps to maintain the confidentiality of their username and password, and are responsible for all activities conducted under their Troop, Club, or Group membership.  Licensee agrees promptly notify Curiosity Untamed LLC  of any unauthorized use of their username, password, or other account information, or of any other breach of security that they become aware of involving the Curiosity Untamed LLC Website or Content.

Acceptable Use of Content

Licensee agrees to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding the use of the Content and any submissions to Curiosity Untamed LLC. Licensee may not use the Content in any manner that would be defamatory to Curiosity Untamed LLC or that would interfere with any other party’s use and enjoyment of the Content. Licensee agrees not to post, submit, or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; impersonates any person or entity or falsely states or otherwise misrepresents the Licensee’s affiliation with a person or entity; includes personal or identifying information about another person without that person’s explicit consent; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that the Licensee does not have a right to make available under any law or under contractual or fiduciary relationships; or employs misleading names, email addresses, other contact information, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content.

Licensee may not, and may not authorize any party, to: (i) co-brand the Website; (ii) frame the Website; or (iii) hyper-link to Content accessed through use of a username and password without the express prior written permission of an authorized representative of Curiosity Untamed LLC.  For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Content accessible within the Website.  Licensee agrees to cooperate with Curiosity Untamed LLC in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Licensee agrees that any Troop, Club or Group website that uses the Curiosity Untamed, Frontier Girls, or Quest Clubs names or logos will have the following disclaimer prominently displayed: “This website is not associated with Curiosity Untamed LLC, Frontier Girls or Quest Clubs, but is solely owned and operated by (Licensee Name).”

Rules of Conduct

Before using the Content, Licensee agrees to comply with all applicable laws, both local and federal.  In addition, the following policies are part of this Agreement and must be followed anytime Licensee accesses the Website, uses the Content or uses the Curiosity Untamed, Frontier Girls or Quest Clubs names or logos.  Curiosity Untamed LLC reserves the right to change these policies from time to time and the changes take effect when we post them on the Website:

When using the Curiosity Untamed, Frontier Girls, or Quest Clubs names, logos, or Content:

  • Licensee may not participate in any activity or discussion involving sex, gender or pro-life/pro-choice while representing themselves or their minor child as a Curiosity Untamed, Frontier Girls or Quest Club Licensee.  This includes, but is not limited to discussions, interviews, parades, protests, rallies, phone calls, or public support or opposition for any piece of legislation, or public support or opposition to any political candidate.
  • Curiosity Untamed LLC, along with its brand names Frontier Girls and Quest Clubs, remain politically neutral.  Licensee may not participate in any political activity or discussion while representing themselves or their minor child as a Curiosity Untamed, Frontier Girls or Quest Club Licensee.  This includes, but is not limited to interviews, discussions, protests, rallies, phone calls, or public support or opposition for any piece of legislation, or public support or opposition to any political candidate.
  • Licensee may not allow smoking, drugs or alcohol in the presence of minors while using Content or to associate smoking, drugs or alcohol with the name of Curiosity Untamed, Frontier Girls or Quest Clubs in any way.
  • This list is not exclusive. Curiosity Untamed LLC prohibits Licensee from engaging in any activity that Curiosity Untamed LLC, in its sole discretion, determines is divisive, offensive, interferes with the rights of others, or causes harm to any person, including to Curiosity Untamed LLC and its employees, including actions that cause the denigration of the Curiosity Untamed, Frontier Girls, or Quest Clubs name. Violation of, or acting inconsistently with, the letter or spirit of our rules may result in various consequences at our sole discretion, including, without limitation, suspension, cancellation, or termination of the accounts of the offending Users and Licensees and revocation of all licenses. Such violation may result in the forfeiture of any and all fees that the Licensee has already paid to be a subscriber of the Website or any other fee. The preceding sentence shall not in any way limit any other remedy, legal, equitable or otherwise, that Curiosity Untamed LLC may have or pursue.

Fundraising

  • All fundraisers that will bear the Curiosity Untamed, Frontier Girls, or Quest Clubs name or logo in any capacity MUST be approved by Kerry Cordy. Send a detailed outline of the proposed fundraiser to kerry@curiosityuntamed.com BEFORE scheduling any fundraiser. Written approval for the fundraiser must be received to continue.
  • The Curiosity Untamed, Frontier Girls, or Quest Clubs names, logos, or Content may not be used for any commercial purpose.  Any monies earned through fundraising or paid by participants in a Group, Troop or Club using Curiosity Untamed LLC Content must be used solely for the activities of the Group, Troop or Club and not for personal gain.

  • Licensee may not sell any item with the Curiosity Untamed LLC, Frontier Girls or Quest Clubs logo or name on it or in any way make it appear that a product or service is a product or service offered by Curiosity Untamed, Frontier Girls, or Quest Clubs.
  • Licensees with a currently paid Group, Troop, or Club membership may use the Curiosity Untamed LLC, Frontier Girls and Quest Clubs names and logos for fundraising purposes under the following conditions. All advertising, signage, publicity and marketing including public appearances, print, video, and digital, MUST include the Licensee Name, the Group, Troop or Club name and assigned number, and the following statement: “Curiosity Untamed LLC, including Frontier Girls and Quest Clubs, does not sponsor or endorse this fundraiser. Fundraising efforts are to support (name of Licensee and group/troop/club name and number) only and are not associated with Curiosity Untamed LLC, Frontier Girls or Quest Clubs in any way.”  For each infraction, the Licensee will incur up to a $1,000 fine payable to Curiosity Untamed LLC.
  • No adult only activities may be used as fundraisers.  All fundraising activities must be family friendly.
  •  No alcohol, drugs, smoking, or marijuana may be present at or within 100 feet of any fundraising activity.
  • Observe all local ordinances related to the involvement of children in money-earning activities.
  • No contract or legal document of ANY kind may be entered into using the Curiosity Untamed, Frontier Girls, or Quest Clubs names in any way.  All contracts must be entered into under the name of the Licensee and signed by the Licensee or a legal designated representative of Licensee.  For each infraction, the Licensee will incur up to a $1,000 fine payable to Curiosity Untamed LLC and may be criminally charged with fraud.

Community Events

Any time the Licensee sponsors or organizes an event open to members of the public using the names or logos of Curiosity Untamed, Frontier Girls or Quest Clubs of any kind including, but not limited to, community service projects, fundraising, recruitment events, or educational events, all advertising, signage, publicity and marketing including public appearances, print, video, and digital, MUST include the Licensee Name, the Group, Troop or Club name and assigned number, and the following statement:  “Curiosity Untamed LLC, including Frontier Girls and Quest Clubs, does not sponsor or endorse this event. This event is organized by (name of Licensee and group/troop/club name and number) only and are not associated with Curiosity Untamed LLC, Frontier Girls or Quest Clubs in any way.”  For each infraction, the Licensee will incur up to a $1,000 fine payable to Curiosity Untamed LLC

Disclaimers and Limitation on Liability

Any business, organization or individual that uses the Curiosity Untamed, Frontier Girls, or Quest Club names, logos, or Content is not an employee, division, branch, or department of Curiosity Untamed LLC.  Volunteers, employees, and other personnel involved in a Licensee’s Group, Troop or Club are not in any way volunteers, employees, partners, joint venture, agents or personnel of Curiosity Untamed LLC.  

Licensee is solely responsible for selecting and directing all activities, games, field trips and instruction; for selecting, maintaining and operating all equipment, vehicles, facilities and materials used while using Content for a Group, Troop or Club; for selecting, training, and supervising all children, parents, employees, and volunteers who participate in Licensee’s Group, Troop or Club; and for child protection, including screening, selecting, training and supervising all volunteers, employees, and other personnel involved in and who plan, direct and carry out Group, Troop or Club activities or instruction. Volunteers, employees, and other personnel involved a Group, Troop or Club are not volunteers, employees, or personnel of Curiosity Untamed LLC, but are solely volunteers, employees and personnel of the Licensee.  This provision survives any expiration or termination of this Agreement.

Licensee understands and agrees that Curiosity Untamed LLC Content is NOT all-inclusive and does NOT include comprehensive training in personnel practices and procedures or child development; further, Licensee understands and accepts that the Content is provided without any warranty concerning these matters and that Curiosity Untamed LLC does not represent itself as expert in these matters.  If there is any concern about the use of any of the Content provided therein, it is the Licensee’s responsibly to decide whether such Content is safe and appropriate for their activities.

The Licensee agrees that in using the CONTENT it shall comply with all applicable local, state, and federal laws, and shall maintain a policy or policies of insurance adequate to cover physical and other injuries to children and adults participating in, conducting, or leading its Troop, Club or Group and other programs using the CONTENT.

Knowing, understanding, and fully appreciating all possible risks, Licensee hereby expressly, voluntarily and willingly assumes all risks and dangers associated with use of the Content.

If the Licensee is a business, organization or non-profit entity, the person accepting this agreement represents that they have the legal right and authorization to enter into this Agreement on behalf of said entity. 

Curiosity Untamed LLC limits our liability by the maximum amount permissible under applicable law. Curiosity Untamed LLC shall not be liable for any damages caused unintentionally and shall not be liable to Licensee for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. If Licensee is dissatisfied with any portion of the Content or Agreement, or with any clause of these terms, the sole and exclusive remedy is to discontinue using the Website and Content.

Licensee shall indemnify, defend, and hold harmless Curiosity Untamed LLC, its owners, employees, agents, officers, directors, successors, and assigns, from and against any and all claims, damages, losses, liabilities, or injuries arising out of or related to the use of the Curiosity Untamed Content, or any breach of this Agreement. This includes, without limitation, claims by the Licensee, employees, volunteers, agents, officers, or directors, and any of the leaders, participants, and volunteers of Licensee’s Group, Troop or Club as well as any other persons or entities bringing claims.  This provision will survive the termination of this Agreement.

Third Party Services.

Curiosity Untamed LLC may, from time to time, provide opportunities to Licensee  to visit websites from third parties. Websites of those third parties are subject to terms and conditions different from those found here and it is Licensee’s responsibility to ensure that they have read and understood them. Curiosity Untamed LLC makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and Licensee agrees that any recourse for dissatisfaction or problems with those goods or services will be sought from the third-party provider and not from Curiosity Untamed LLC.

Photograph, Video, Film or Vocal Recording Media Release

Licensee authorizes the release of any photographs, video, film, or vocal recording submitted to Curiosity Untamed LLC by the Licensee or participants of the Licensee’s Troop, Club or Group based on the following conditions:

  • Submissions include all photos and videos posted to any social media account using the Curiosity Untamed, Frontier Girls, or Quest Clubs names, logos, or uniforms.
  • These records become the property of Curiosity Untamed LLC.
  • This release is given without promise or expectation of compensation.
  • All records may be used for promotional or publicity purposes and may be published in mass media publications, in Curiosity Untamed LLC publications, on the Curiosity Untamed LLC Website, on social media or shown on television, movie, or Internet presentations.
  • This release is effective until revoked in writing. Such revocation shall only be effective to prevent any expanded future use of the records.

Comments, Feedback, Submission, and Postings

All comments, feedback, submissions, photos, videos, or other information communicated to Curiosity Untamed LLC through their Website, email, forums, social media, print or other electronic means (collectively, the “Submission”) will forever be the property of Curiosity Untamed LLC. Curiosity Untamed LLC will not be required to treat any Submission as confidential and will not be liable for any ideas for its business (including without limitation, product, program, badge or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future Curiosity Untamed LLC business. Curiosity Untamed LLC will be entitled to use the Submission for any noncommercial, commercial, or other purpose whatsoever, without compensation to Licensee or any other person sending the Submission. Licensee acknowledges that they own whatever material they submit and use of the Submission to Curiosity Untamed LLC will not infringe or violate the rights of any third party.

Disputes

If a dispute arises between Licensee and Curiosity Untamed LLC, our goal is to provide Licensee a neutral and cost-effective means of resolving the dispute quickly. To that end, Licensee agrees to first contact Curiosity Untamed LLC Customer Support at 1-530-524-8799 or Kerry@curiosityuntamed.com to describe the problem and seek a resolution. If, after communicating with Curiosity Untamed LLC, a resolution cannot be found, then Licensee and Curiosity Untamed LLC agree to the following methods to resolve any dispute or claim.

The Parties to this Agreement agree that any claim or dispute arising from or related to this Agreement shall be governed and controlled by California law without regard to its conflict of laws provisions, and that this Agreement was entered into in Redding, Shasta County, California.  The Parties agree that in the event of a dispute, they must make good faith efforts within the first 45 days of providing written notice of such dispute to resolve the dispute through mediation in Redding, California.  The mediation can be conducted by any reputable mediator in Shasta County, California, and the Parties shall share equally in the cost of the selected mediator.  The Parties understand that this process shall be the sole remedy of any controversy or claim arising out of this Agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes.

Miscellaneous

Curiosity Untamed LLC reserves the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to each Licensee and, as a result, Licensee may not, without the written consent of Curiosity Untamed LLC, assign or transfer any rights and obligations under these terms.

Licensee acknowledges and agrees that Curiosity Untamed LLC may disclose Licensee information if Curiosity Untamed LLC believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or safety of the Website, Content, the Users, or the public.

In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of these terms shall remain valid and enforceable. Curiosity Untamed LLC can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.

Any failure to enforce any term of the terms of this Agreement shall not affect Curiosity Untamed LLC’s right to require performance at any subsequent time, nor shall the waiver by Curiosity Untamed LLC of any breach by the Licensee of any provisions of these terms be taken to be a waiver of the provision or provisions itself.

Licensee agrees to indemnify Curiosity Untamed LLC against all liabilities, claims and expenses that may arise from any breach of this Agreement by the Licensee or otherwise as a result of the Licensee’s use of the Content.

Official correspondence must be sent via postal mail to:

Curiosity Untamed LLC

Attn: Customer Solutions

20845 Gregory Lane

Redding, CA 96003

This Agreement, including any terms, conditions and policies expressly referenced herein and as amended in the future, shall constitute the complete understanding and agreement between Licensee and Curiosity Untamed LLC and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Curiosity Untamed LLC.

The individual signing this Agreement on behalf of the Licensee certifies that s/he is authorized to sign this Agreement and that the governing body of the Licensee has approved this Agreement.

Licensee has read and agrees to all Terms and Conditions posted at https://curiosityuntamed.com/terms-and-conditions/  These Terms and Conditions are in addition to those found in this license agreement.