Terms and Conditions
This document outlines the Terms and Conditions, Waiver and Assumption of Risk for workouts in associated with StrongFitWomen
This Agreement takes affect from the date of joining the Facebook Group, StrongFitWomen and takes place between you (“Participant/Member”) and Kate Saynor (“StrongFitWomen”).
The following sets out the Terms and Conditions for use of the StrongFitWomen Facebook Group and the use of the online live-streamed or pre-recorded fitness programs for StrongFitWomen.
By requesting to join this group, or accessing and participating in the workouts, you agree to be personally bound by these Terms and Conditions, including any changes or modifications made to these Terms and Conditions from time to time, and you warrant that you are at least 18 years of age.
PARTIES INCLUDED IN THE AGREEMENT:
All references to “StrongFitWomen”, “We”, or “Us” or “Our” are references to or include Kate Saynor trading as StrongFitWomen, Kate Saynor as the principal and founder of StrongFitWomen, and any staff, contractors or other persons providing live-streamed fitness workouts or other authorized services for or on behalf of StrongFitWomen.
CONDITIONS OF PARTICIPATION IN STRONGFITWOMEN WORKOUTS:
By participating in StrongFitWomen workouts or in discussions between us and you, or generally among StrongFitWomen members, you expressly acknowledge and accept that:
While Kate Saynor is a qualified personal trainer and may as such provide general guidance or discussion within the StrongFitWomen forums on topics related to these areas, this advice is provided in accordance with her training and qualifications and has not been specifically tailored to your individual circumstances. Professional advice should be sought where necessary, in particular if you have special dietary needs, physical disabilities or health or medical conditions.
StrongFitWomen does not purport to endorse the comments or advice of other members or its accuracy or completeness.
You are solely responsible for ensuring you have a sufficient degree of fitness and physical capability to participate in the workouts, and/or to seek professional advice from a suitably qualified health or exercise professional if you are unsure. A Pre-Exercise Readiness Questionnaire (PAR-Q) has been provided within the group to help you assess your readiness to exercise. It is your responsibility to ensure you have read through this and sought the necessary advice according to your own answers to the questions provided in the document.
The workouts are designed for Participants who are currently exercising regularly, have some previous experience with free weight training, are physically ‘fit’ and have no medical, health, joint, bone or other such conditions that may affect their ability to exercise. Modifications to regress or progress the exercises will be offered from time to time. If you are new to exercise, not currently exercising, have a low level of personal fitness or are new to lifting weights then you are encouraged and recommended to seek guidance and advise from a qualified exercise professional to learn technique and obtain individual advice in accordance with your needs and personal situation.
StrongFitWomen does not provide any warranties or guarantees as to any specific result from participation in the workout sessions.
If experiencing any unusual pain or discomfort during any StrongFitWomen workout sessions Participants should cease the workout and seek advice from a health or exercise professional or physiotherapist before continuing with StrongFitWomen workouts.
StrongFitWomen shall not be legally responsible for or bear any legal liability for any harm or injury suffered by any Participant as a result of their participation in StrongFitWomen fitness workouts, and shall not accept any claim for compensation or reimbursement of medical costs associated with this.
You shall be bound by and observe the conditions and restrictions of use or sharing of StrongFitWomen workouts and associated intellectual property as set out in Clause 5 below.
EQUIPMENT AND LOCATION OF TRAINING
You will provide all of the exercise and/or fitness equipment to be used in connection with StrongFitWomen workouts (the “Equipment”).
You acknowledge that you have sole custody and control of the area in your home or office where it is to be used and stored, and that you are solely responsible for the condition and maintenance of the Equipment.
You have sole control over the area in your home or office where your workouts are to be performed.
You hereby assume any and all risks arising from or connected with any hazardous condition, known or unknown, in your home or office, in the specific area in which the workouts are conducted or otherwise, that may result in any injury during, or thereafter associated with, any workout with StrongFitWomen. Further, you agree to hold StrongFitWomen harmless from any loss or damage resulting from, or associated with, any injury or condition that you sustain resulting from any such condition.
You hereby assume any and all risks associated with the location, design, and material condition of the Equipment, and agree to hold Trainer harmless from any loss or damage resulting from, or associated with, any injury or condition that you sustain resulting from the location, design, material condition, or use of the Equipment.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) equipment that may malfunction or break; (b) any slip, fall, or dropping of equipment; (c) any improper maintenance of equipment or facilities; (d) any hazardous condition that may exist on the premises, including the specific workout area, your home or office, and the surrounding property.
VARIATIONS TO SCHEDULED LIVE-STREAMED WORKOUTS:
In the event of illness or injury, StrongFitWomen will use all best endeavours to provide you with a fitness workout in substitution for the live-streamed event. This may include a pre-recorded fitness session or a ‘written’ workout posted in the Facebook group.
While all efforts will be made to ensure all live workouts proceed at the pre-scheduled time, technical difficulties or internet connection issues may at times mean that workouts may commence later than the published start time.
StrongFitWomen reserves the right to amend the scheduled days and times of the live-streamed workout sessions.
CONDITIONS OF, AND RESTRICTIONS AGAINST, USE OR SHARING OF STRONGFITWOMEN WORKOUTS AND ASSOCIATED INTELLECTUAL PROPERTY
The name “StrongFitWomen” and all live streamed or uploaded recordings of workout videos produced for StrongFitWomen are the intellectual property of Kate Saynor and may not be used in any manner that constitutes a breach of our intellectual property rights, unless expressly permitted by Kate Saynor.
All StrongFitWomen live or pre-recorded workouts are for your personal use. StrongFitWomen authorises within the meaning of personal use, sharing and participating in StrongFitWomen workouts with other members of your immediate family or, within reasonable limits, sharing and participating in StrongFitWomen workouts with friends who are present with you at a private residential dwelling, for the purposes of participating in a live workout session with you. Personal use does not include broadcasting or sharing the workout among large groups or public audiences, or in any online group or forum whether public or private, unless you have the express prior written consent of Kate Saynor.
You must not use, share, post or re-post StrongFitWomen material in connection with, or to promote, other services or products in any other forum, whether online or otherwise, without the express written permission of Kate Saynor.
PRIVACY AND MARKETING
StrongFitWomen is an online forum, with workouts being live-streamed on Facebook, and members able to post comments and share photos within the group. By participating in StrongFitWomen, you accept that any comments or posts you make will be visible to all members of StrongFitWomen. Because of the way in which Facebook posts are published, you also accept that your comments may be visible to other Facebook users outside of the StrongFitWomen group.
You accept that StrongFitWomen may re-post StrongFitWomen workouts or forums online in order to promote and encourage others to join the group, and that this shall not constitute a breach of your privacy by StrongFitWomen.
StrongFitWomen will use all reasonable endeavours outside of the circumstances in 6.a and 6.b to respect your individual privacy. Should we wish to use any specific information about you, including posts about your personal experience in StrongFitWomen, or photos you publish in StrongFitWomen as part of any wider online promotional or marketing activities, we will seek your permission.
Members and third parties are not permitted to advertise or promote their products or services on StrongFitWomen forums without the express written consent of Kate Saynor.