Terms and Conditions, Waiver and Assumption of Risk for Workouts in associated with KC Fit @ HOME
This Agreement takes affect from the date of enrolling in KC Fit @ HOME and takes place between you (“Participant/Member”) and Kirstyn Campbell (“KC Fit @ HOME”). The following sets out the Terms and Conditions for use of the KC Fit @ HOME Facebook Group and the use of the online live-streamed or pre-recorded fitness programs for KC Fit @ HOME found on either the ‘KC Fit @ HOME’ Facebook Group (“https://www.facebook.com/groups/kcfitathome”) or website (“https://kcfitathome.com”) .
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.
1. PARTIES INCLUDED IN THE AGREEMENT:
a. All references to “KC Fit @ HOME”, “We”, or “Us” or “Our” are references to or including KC Fit Ltd, Kirstyn Campbell as the principal and founder of KC Fit Ltd, and any staff, contractors or other persons providing live-streamed fitness workouts or other authorized services for or on behalf of KC Fit @ HOME.
2. CONDITIONS OF PARTICIPATION IN KC FIT WORKOUTS:
By participating in KC Fit @ HOME workouts or in discussions between us and you, or generally among KC Fit @ HOME members, you expressly acknowledge and accept that:
a. While Kirstyn Campbell is a qualified personal trainer and may as such provide general guidance or discussion within the KC Fit @ HOME 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.
b. KC Fit @ HOME does not purport to endorse the comments or advice of other members or its accuracy or completeness.
c. I believe participating in physical activity is very safe for MOST people and should be a part of our lifestyle. These below questions will tell you whether it is necessary to seek further advice from your doctor, Pelvic Floor/ Women’s Health Physiotherapist or midwife before joining our online KC Fit @ HOME workouts.
If you can say yes to any of these, you agree to seeing a GP, Pelvic Floor/ Women’s Health Physio or midwife to be cleared to exercise before starting KC Fit @ HOME online exercise program:
- Has your doctor ever said that you have a heart condition, high blood pressure or another chronic medical condition?
- Are you on medication for a chronic medical condition?
- Have you felt pain in your chest at any time including during physical activity?
- Have you fallen over due to dizziness or losing consciousness in the past 12mnths?
- Do you currently have (or have you in the past 12 months) a bone, joint or soft tissue problem that could be made worse by doing more exercise?
- Has your doctor told you to only exercise while supervised by a medical professional?
- Do you have a prolapse, diastasis recti, pelvic pain, within 6 weeks of giving birth, have any concerns around exercising since giving birth?
If you have answered yes to any of the above questions – I recommend you seek clearance from your GP or another health professional before joining in on KC Fit’s workouts.
d. 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.
e. KC Fit Ltd does not provide any warranties or guarantees as to any specific result from participation in the workout sessions.
f. If experiencing any unusual pain or discomfort during any KC Fit @ HOME workout sessions Participants should cease the workout and seek advice from a health or exercise professional or
physiotherapist before continuing with KC Fit @ HOME workouts.
g. KC Fit 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 KC Fit @ HOME fitness workouts, and shall not accept any claim for compensation or reimbursement of medical costs associated with this.
h. You shall be bound by and observe the conditions and restrictions of use or sharing of KC Fit @ HOME workouts and associated intellectual property as set out in Clause 5.
3. EQUIPMENT AND LOCATION OF TRAINING
a. You will provide all of the exercise and/or fitness equipment to be used in connection with KC Fit @ HOME workouts (the “Equipment”).
b. 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.
c. You have sole control over the area in your home or office where your workouts are to be performed.
d. 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 KC Fit @ HOME. Further, you agree to hold KC Fit Ltd harmless from any loss or damage resulting from, or associated with, any injury or condition that you sustain resulting from any such condition.
e. 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.
f. 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.
4. VARIATIONS TO SCHEDULED LIVE-STREAMED WORKOUTS:
a. In the event of illness or injury, KC Fit @ HOME 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.
b. 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.
c. KC Fit @ HOME reserves the right to amend the scheduled days and times of the live-streamed workout sessions.
5. CONDITIONS OF, AND RESTRICTIONS AGAINST, USE OR SHARING OF KC FIT WORKOUTS AND ASSOCIATED INTELLECTUAL PROPERTY
a. The name “KC Fit @ HOME” and all live streamed or uploaded recordings of workout videos produced for KC Fit @ HOME are the intellectual property of KC Fit Ltd and may not be used in any manner that constitutes a breach of our intellectual property rights, unless expressly permitted by KC Fit Ltd.
b. All KC Fit @ HOME live or pre-recorded workouts are for your personal use. KC Fit @ HOME authorises within the meaning of personal use, sharing and participating in KC Fit workouts with other members of your immediate family or, within reasonable limits, sharing and participating in KC Fit @ HOME 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 KC Fit Ltd.
c. You must not use, share, post or re-post KC Fit @ HOME 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 KC Fit Ltd.
6. PRIVACY AND MARKETING
a. KC Fit @ HOME 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 KC Fit, you accept that any comments or posts you make will be visible to all members of KC Fit @ HOME. 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 KC Fit @ HOME group.
b. You accept that KC Fit may re-post KC Fit @ HOME 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 KC Fit @ HOME.
c. KC Fit @ HOME 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 KC Fit @ HOME, or photos you publish in KC Fit @ HOME 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 KC Fit @ HOME forums without the express written consent of KC Fit Ltd.