Terms and conditions
This agreement comes into effect from the date of your enrolment in The Best Version of You and takes place between you (“member”) and Rosie Goldsmith (“Fit Mama”). The following sets out the Terms and Conditions for use of the The Best Version of You Facebook group and the use of the online live or pre-recorded fitness workouts for The Best Version of You found on the The Best Version of You Facebook group.
By requesting to join this group, or accessing and participating in the workouts, you agree to be personally bound by the following Terms and Conditions.
All references to “Fit Mama, “we”, “us” or “our” are references to, or include, Rosie Goldsmith, Director of Fit Mama, and any staff, contractors or other persons providing online fitness workouts or other authorised services for, or on behalf of, Fit Mama.
Users of Fit Mama are referred to as “members”, “participants”, “you” or “I”.
These Terms and Conditions are in place for use of the Fit Mama website, Facebook page and the use of our online workouts.
These Terms and Conditions are governed by the laws of New Zealand.
You also declare that you are 18 years of age or over, or if under the age of 18 you have permission of a parent/caregiver to participate in Fit Mama.
1. By joining Fit Mama the member accepts that:
a. By accepting our Terms and Conditions and paying our membership fee, the member will be given access to the Fit Mama website and Facebook page; online workouts for the membership period and receive regular emails.
b. Rosie Goldsmith, Director of Fit Mama, will provide two online workouts each week (subject to variations below), as outlined in the Fit Mama timetable. Additional workouts may be provided at any time at the sole discretion of Fit Mama.
2. Changes to scheduled online workouts:
a. In the event of illness or injury, Fit Mama will try and arrange for an employee to provide an online workout in substitution for Rosie Goldsmith.
b. If for any reason a fitness session cannot be provided in any week, Fit Mama reserves the right to substitute a live workout session with a pre-recorded workout or a written workout posted in the The Best Version of You Facebook group.
c. All efforts will be made to ensure workouts go ahead at the scheduled time but technical difficulties or internet connection issues may mean that workouts are later than the scheduled time.
d. Fit Mama reserves the right to make changes to the scheduled days and times of the online workouts.
3. Conditions of participation in Fit Mama workouts:
By participating in Fit Mama workouts, or in discussions with us or other members, you expressly acknowledge and accept that:
a. You are solely responsible for ensuring you have a sufficient degree of fitness and physical capability to participate in this level of exercise and/or to seek professional advice from a medical professional if you are unsure
b. Members who are pregnant or at post-partum stage participate in Fit Mama workouts at their own risk. It is recommended that such members should seek professional medical advice and exercise clearance before participating in Fit Mama workouts, including pregnancy specific workouts. While Rosie Goldsmith is a qualified Personal Trainer and may provide some general guidance or discussion within the The Best Version of You forums on health, wellness and fitness related topics, this advice is provided in accordance with her training and qualifications and has not be 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.
c. Fit Mama does not endorse the comments or advice of other members or its accuracy or completeness.
d. Fit Mama does not provide any warranties or guarantees to any specific result from participation in the workouts.
e. If you experience any unusual pain or discomfort during any Fit Mama online workout you will stop the workout and seek advice from a medical professional or physiotherapist before continuing any Fit Mama workout.
f. Fit Mama is not liable for any harm or injury suffered by any member as a result of their participation in Fit Mama online workouts, and does not accept any claim for compensation or reimbursement of medical costs (or any other economic loss) associated with harm or injury of this kind.
g. To the extent any other legal claim is otherwise permitted by law and is established against us, our total liability in respect of all claims by you in connection with any services provided by Fit Mama shall be limited to the total sum of any membership fees paid by you that relate to the cause of action established.
h. You shall be bound by and observe the conditions and restrictions of use or sharing of Fit Mama workouts and associated intellectual property as set out in Clause 4.
4. Conditions and restrictions for the use of sharing Fit Mama workouts and associated intellectual property.
a. The name “Fit Mama”, the “Fit Mama’ logo and all online recordings produced by Fit Mama are the intellectual property of Rosie Goldsmith and may not be used in any manner that constitutes a breach of our intellectual property rights, unless expressly permitted by Fit Mama.
b. All Fit Mama workouts are for your personal use only. Personal use includes sharing and participating in Fit Mama workouts with other members of your immediate family or, within reasonable limits, sharing and participating in Fit Mama workouts with friends who are present with you at a private residential dwelling, for the purposes of participating in a 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 Fit Mama.
c. You must not use, share, post or re-post Fit Mama 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 Fit Mama.
5. Privacy and marketing:
a. Fit Mama is an online forum. Workouts are shared online and members are able to post comments and share photos within the group. By participating in Fit Mama, you accept that any comments or posts you make will be visible to all members of Fit Mama. 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 Fit Mama group.
b. You accept that Fit Mama may re-post Fit Mama workouts or forums online (in an online arena other than The Best Version of You) in order to promote and encourage others to join the group.
c. Fit Mama will use all reasonable endeavors outside of the circumstances in 5.a and 5.b to respect your individual privacy. Should we wish to use any specific information about you, including posts about your personal experience in Fit Mama, or photos you publish in Fit Mama as part of any wider online promotional or marketing activities, we will seek your permission.
d. Members and third parties are not permitted to advertise or promote their products or services on Fit Mama forums without the express written consent of Fit Mama.
6. Cancellation and refunds:
If you decide to cancel you membership, you expressly acknowledge and accept that:
a. you are required to give one week notice of the cancellation of your membership by emailing info@fit-mama.co.nz, which shall cease at the end of that notice period.
b. No refunds will be given for any unused period of your subscription following cancellation, regardless of whether you have subscribed on a weekly, monthly, or yearly subscription.
Fit Mama may cancel your membership with immediate effect if:
c. you breach any part of clause 4; or
d. you otherwise breach the terms and conditions of membership or commit an act that brings, or could bring, the reputation of Fit Mama into disrepute.
In the event we cancel your membership in accordance with these terms and conditions, no refunds will be given.