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INFORMED CONSENT

I desire to participate voluntarily in a progressive exercise programme in an effort to improve my physical wellbeing. I understand that these physical activities are designed to gradually increase the workload on my circulatory systems as well as my musculoskeletal system in an effort to improve their function.

The reaction of the system(s) to such activities cannot be predicted with complete accuracy. The possibilities of certain unusual changes during or following exercise sessions does exist. These changes could include abnormalities in blood pressure or heart rate, ineffective heart function, fainting, muscle soreness, muscle strains and possibly heart attack or cardiac arrest.

The benefits obtained from the exercise programme may include a more efficient cardiovascular system, a decreased risk of heart disease and other chronic illnesses, improved muscular and skeletal systems and an increased quality of life along with other benefits.

I realise that it is necessary for me to report promptly, any signs and/or symptoms indicating abnormalities or distress. I accept that the instructor cannot be held responsible for any underlying health conditions whether known or unknown at the time of participation and that I alone must assess (with my GP’s advice if required) whether to participate.

I know that if there are any questions about the procedures or methods used during an exercise session, I should ask my trainer. If I have any doubts, concerns or questions I should ask for further explanation. I am also aware I may decide to discontinue a session at any time should I be in any distress.

I have read this form and voluntarily consent to participate in this exercise programme and realise I am free to withdraw at any time.

DISCLAIMER

I acknowledge that the instructor has done everything possible to ensure my safety whilst participating

and that they cannot accept any responsibility for any injury or illness sustained as a result of my participation, any health conditions or from incorrect use of equipment – including not wearing appropriate clothing/footwear as they have specified.

If I have answered YES to any of the PAR-Q questions above, I confirm that I have sought my GP’s approval for this exercise prior to beginning participation, and that he has stated his belief that this is a safe exercise for me based on my current health/conditions. I accept that it is my responsibility to make the instructor aware immediately of any change to my health that may impact my ability to participate.

DATA AND INFORMATION STORAGE

I acknowledge that it is necessary for my instructor to have access to certain personal information about me and my health that will be stored securely in line with the General Data Protection Regulation 2018 and that I can request a copy of this information at any time.

I acknowledge that another instructor would need access to my data and health record if they cover a class that I will be participating in to make sure they are informed of any health issues and have emergency contact details.

I acknowledge that it may be necessary under certain circumstances for my instructor to contact me, or my next of kin in regards to my Health and Safety in class but that this information will not be used for any other purpose.

I am also indicating my freely given approval to be contacted under the following conditions only:

I give consent that at times, but NOT WITHOUT prior notice, photographs and/or videos will be taken at an exercise class in which I am participating in and that the images resulting from the photography/video filming, and any reproductions or adaptations of the images might be used for publicity or other purposes to help promote the exercise class and/or A to Z Fitness Ltd. This might include (but is not limited to), the usage of them in their printed and online application, social media and press releases.

I acknowledge that these forms will have to be redone annually. Should I discontinue attending classes my forms will be kept for seven years after which they will be disposed of appropriately.

I acknowledge that by giving the above consent that I have the right to withdraw my consent at any time and will contact my instructor in writing in order to change or withdraw my consent.

Refunds and Payment Policy

Once the payment is made please ensure that you email us your UTR details / or share a screen shot of the details, along with your full name and contact details so we can confirm the receipt and book your slot.
Note that once payments are made, they are non-refundable unless under exceptional circumstances.
When your payment is reflected, our fitcru team will be in touch to help you prepare for the plan.

  • Members with medical problems should declare their ailments in writing along with a doctor’s certificate, before starting any exercise program
  • Membership is non-refundable and non- transferable. It cannot be exchanged with any group activities or different packages.
  • Membership is not on usage basis. It is a fee, permitting access to Fitcru for a certain prefixed period. The unused number of days cannot be extended nor will the amount be refunded, if not used by the member for any reason.
  • Membership period starts from the date of mentioned or redecided on discussion with the Admin team.
  • Plans once started can not be put on hold.

WEBSITE TERMS AND CONDITION

  • The content of the pages of this website are for your general information and use only. All content is subject to change without notice.
  • Neither fitcru nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found on this website. Where we, fitcru, make our best endeavors to avoid errors, you acknowledge that such information on this website may from time to time contain inaccuracies and we expressly exclude liability for any such situation where this may occur.
  • Your use of any information or materials on this website is entirely at your own risk, for which fitcru shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to fitcru. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that fitcru endorses the website(s). Fitcru has no responsibility for the content of any linked website(s).
  • You may not create a link to this website from another website or document without prior written consent .

Terms and Conditions

The following are the terms and conditions for use of the FitCru service described herein (the "Service") between FitCru and you (either an individual or a legal entity that you represent as an authorized employee or agent) ("You"). Please read them carefully. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, OR CLICKING THE "SUBMIT REGISTRATION" BUTTON, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("AGREEMENT"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

  1. 1
    DEFINITIONS

"Account" refers to the billing account for the Service.

  • "Documentation" means any accompanying documentation made available to You by FitCru for use with the Training Videos, including any documentation available online or otherwise.
  • "Servers" means the servers controlled by FitCru (or its wholly owned subsidiaries) upon which the Training Videos and Customer Data are stored.
  • "Training Videos" means the video content that is provided by FitCru.
  1. 2
    FEES AND SERVICES
  • FitCru may change its fees and payment policies for the Service from time to time including but not limited to the addition of costs for excessive data transfer rates for individual or corporate customers.
  • The changes to the fees or payment policies are effective upon Your acceptance of such changes which will be posted at www.myonlinetraininghub.com (or such other URL FitCru may provide from time to time). Unless otherwise stated, all fees are quoted in Australian Dollars. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and any collection expenses (including attorneys' fees) incurred by FitCru will be included in the amount owed, and may be charged to the credit card or other billing mechanism associated with your FitCru account.
  1. 3
    MEMBER ACCOUNT, PASSWORD, AND SECURITY

To register for the Service, You must complete the registration process by providing FitCru with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You shall protect your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You agree to notify FitCru immediately upon learning of any unauthorized use of Your Account or any other breach of security. From time to time, FitCru’s (or its wholly-owned subsidiaries') support staff may log in to the Service under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues. You hereby acknowledge and consent to such access.

  1. 4
    NONEXCLUSIVE LICENSE

FitCru hereby grants You a limited, revocable, non-exclusive, non-sublicensable license to view video files that reside on www.myonlinetraininghub.com (collectively, the "Website"). Subject to the terms and conditions of this Agreement, You may remotely access and view training videos. Your license of, use of and access to the FitCru training videos (which may include, without limitation, the additional related Software and Documentation) is conditioned upon Your compliance with the terms and conditions of the Agreement, including the following:

  • You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the FitCru training materials; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source file content of the training videos, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the training videos, the Documentation or the Service; (iv) remove any proprietary notices or labels on the training materials or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. You will use the Software, Service and Reports solely for Your own internal use, and will not make the Software or Service available for timesharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Training Videos, Service and Reports; (vi) You will not download course video files prior to the 30 day money back guarantee period, and only those purchasing a 'video download' membership will be entitled to download video files for personal use after the 30 day money back guarantee period has passed.
  • This license will terminate immediately if You fail to comply with the terms of this Agreement. Upon such termination, You must not access www.myonlinetraininghub.com or related services.
  1. 5
    CONFIDENTIALITY

"Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order. In which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing such information. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such. You are responsible for safeguarding the confidentiality of Your password(s) and user name(s) issued to You by FitCru, and for any use or misuse of Your account resulting from any third party using a password or user name issued to You. You agree to immediately notify FitCru of any unauthorized use of Your account or any other breach of security known to You.

  1. 6
    INFORMATION RIGHTS AND PUBLICITY

FitCru and its wholly owned subsidiaries may retain and use, subject to the terms of its Privacy Policy (located at https://www.myonlinetraininghub.com/privacy-policy , or such other URL as FitCru may provide from time to time), information collected in Your use of the Service. FitCru will not share information associated with You or your Site with any third parties unless FitCru (i) has Your consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of FitCru, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on FitCru’s behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by FitCru . When this is done, it is subject to agreements that oblige those parties to process such information only on FitCru’s instructions and in compliance with this Agreement and appropriate confidentiality and security measures.

  1. 7
    PRIVACY

You will not (and will not allow any third party to) attempt to copy, record or reverse engineer any Training Videos or Documentation supplied by FitCru or stored on the FitCru (or related) websites.

  1. 8
    INDEMNIFICATION 

You agree to indemnify, hold harmless and defend FitCru and its wholly owned subsidiaries, at Your expense, any and all third-party claims, actions, proceedings, and suits brought against FitCru or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by FitCru or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, or (iv) Your Brand Features. In such a case, FitCru will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. FitCru reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

  1. 9
    THIRD PARTIES

If You provide access to Your Account or any portion thereof to any third party or use the Service to collect information on behalf of any third party ("Third Party"), whether or not You are authorized to do so by FitCru or its wholly owned subsidiaries, the terms of this Section 9 shall apply to You.

  • If You use the Service on behalf of any Third Party, You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, that Third Party , (b) as between the Third Party and You, the Third Party owns any rights to Training Videos in the applicable account, and (c) You shall not disclose Third Party's Training Videos to any other party without the Third Party's consent.
  • You shall ensure that each Third Party is bound by and abides by the terms of this Agreement. FitCru and its wholly owned subsidiaries make no representations or warranties for the direct or indirect benefit of any Third Party. With respect to Third Parties, You shall take all measures necessary to disclaim any and all representations or warranties that may pertain to FitCru and its wholly owned subsidiaries, the Service, or the Training Videos, or use thereof. You agree to indemnify, hold harmless and defend FitCru and its wholly owned subsidiaries, at Your expense, against any and all third-party claims, actions, proceedings, and suits brought against FitCru or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by FitCru, or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) any representations and warranties made by You concerning any aspect of the Service or Training Videos to Third Parties; (b) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service or Training Videos; (c) violations of Your obligations of privacy to any Third Party; and (d) any claims with respect to acts or omissions of Third Parties in connection with the Service or Training Videos.
  1. 10
    DISCLAIMER OF WARRANTIES

fitcru services and related documentation are provided "as is" and without any warranty of any kind either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. no information, whether oral or written, obtained by you from us through this site shall create any warranty, representation or guarantee not expressly stated in these terms. under no circumstances will fitcru, its parents, subsidiaries, affiliates, officers, directors, shareholders, employees or our suppliers be liable for any loss or damage caused by a user's reliance on information obtained through the site, from third parties (such as experts, or others) or a linked site, or user's reliance on any product or service obtained from this site, a third party or a linked site. use of this site is at users' sole risk. no advice or information, whether oral or written, obtained by you from fitcru or through or from fitcru services shall create any warranty. the information and services included in or available through the service, including the reports, email, support forum or help desk replies, may include inaccuracies or typographical errors. changes are periodically added to the information herein. fitcru and/or its respective suppliers may make improvements and/or changes in the service or software at any time, with or without notice. fitcru does not represent or warrant that the service will be uninterrupted or error-free, that defects will be corrected, or that the service, the training videos or any other software on the server are free of viruses or other harmful components. fitcru does not warrant or represent that the use of the service or the training videos will be correct, accurate, timely or otherwise reliable.

  • the service, the training videos and reports are provided "as is" and there are no warranties, claims or representations made by fitcru and/or its subsidiaries and affiliates, either express, implied, or statutory, with respect to the service, the training videos, the documentation and reports, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. fitcru does not warrant that the service, the training videos or related documentation will meet your needs or be free from errors, or that the operation of the service will be uninterrupted. the foregoing exclusions and disclaimers are an essential part of this agreement and formed the basis for determining the price charged for the service. some states do not allow exclusion of an implied warranty, so this disclaimer may not apply to you.
  1. 11
    LIMITATION OF LIABILITY.

fitcru and its wholly owned subsidiaries will not be liable to user or any third-party claimant for any indirect, special, punitive, consequential (including, without limitation, lost profits or incorrect information), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if fitcru and/or its subsidiaries and affiliates has been advised of the possibility of such damages. the exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph. some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you.

  • FitCru’s (and its wholly owned subsidiaries') total cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed U.S. $500.
  1. 12
    SERVICE LEVELS

FitCru does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of Your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond FitCru’s (or its wholly owned subsidiaries') control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where FitCru (or its wholly owned subsidiaries) or Your servers are located or co-located. Complete accuracy in all aspects of Your Training Record at all times also is not guaranteed.

  1. 13
    PROPRIETARY RIGHTS NOTICE

The Service, which includes but is not limited to the FitCru Training Videos and all intellectual property rights in the Service are, and shall remain, the property of FitCru (and its wholly owned subsidiaries). All rights in and to the Processing Software not expressly granted to You in this Agreement are hereby expressly reserved and retained by FitCru and its licensors without restriction, including, without limitation, FitCru’s (and its wholly owned subsidiaries') right to sole ownership of the FitCru Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and to not allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of FitCru; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with FitCru (or its wholly owned subsidiaries) other than in the name of FitCru (or its wholly owned subsidiaries, as the case may be); or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.

  1. 14
    TERM and TERMINATION

Either party to the Agreement may terminate it at any time and for any reason.

Upon any termination or expiration of this Agreement, FitCru will cease providing the Training Videos, and certify thereto in writing to FitCru within seven (7) business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) any (i) outstanding balance for Service rendered through the date of termination, and (ii) other unpaid payment obligations during the remainder of the Initial Term will be immediately due and payable in full and (c) all of Your historical report data will no longer be available to You.

  1. 15
    30 Day Money Back Guarantee/Refund Policy

Within 30 days of signing up and we will promptly refund 100% of your money.contact usAt myonlinetraininghub.com we want you to know that your purchase is 100% risk free. If for any reason you decide you want a refund, simply.
In order to be eligible for a refund, you must not watch more than 30% of the course you want the refund for. Access to course videos is logged.

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