TERMS AND CONDITIONS of MOVE IT MAMA MEMBERSHIP:
All references to “Move it Mama”, “We”, or “Us” or “Our” are references to or include Lisa Fong trading as Move it Mama, Lisa Fong as the principal and founder of Move it Mama, and any staff, contractors or other persons providing live-streamed fitness workouts or other authorized services for or on behalf of Move it Mama.
Users of Move it Mama are referred to below as “members”, “participants”, or “you” or “I” as the context requires.
The following sets out the terms and conditions for use of the Move it Mama website, facebook page, and the use of our online live-streamed or pre-recorded fitness programs of Move it Mama.
These terms and conditions are governed by the laws of New Zealand.
By clicking “I accept” or accessing and participating in our 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, according to the laws of New Zealand, and you warrant that you are at least 18 years of age or have the permission of a parent or caregiver to participate in Move it Mama.
1. WHAT MOVE IT MAMA MEMBERSHIP ENTITLES YOU TO:
a. Upon accepting our terms and conditions of participation and paying the relevant membership fee, the participant shall be given membership access to the Move it Mama website and facebook page, and live workout sessions for the period covered by the membership fee, which shall be for twelve months starting from the date of an annual subscription, or for the paid monthly subscription.
b. Lisa Fong, principal of Move It Mama, will (subject to the variations set out below) provide participants with four live-streamed fitness workouts, and a live-streamed beginner fitness workout, each week, in accordance with the published schedule of days and times. Additional workout sessions may be provided at any time at the sole discretion of Move it Mama.
2. VARIATIONS TO SCHEDULED LIVE-STREAMED WORKOUTS:
a. In the event of illness or injury, Move It Mama will use all best endeavours to arrange for an experienced Move It Mama member to provide a live-streamed fitness workout in substitution for Lisa Fong.
b. If for any reason the minimum number of fitness sessions cannot be provided in any week, Move It Mama reserves the right to substitute a live workout session with a pre-recorded earlier fitness session.
c. 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.
d. Move it Mama reserves the right to amend the scheduled days and times of the live-streamed workout sessions.
3. CONDITIONS OF PARTICIPATION IN MOVE IT MAMA FITNESS WORKOUTS:
By participating in Move it Mama workouts or in discussions between us and you, or generally among Move it Mama members, you expressly acknowledge and accept that:
a. Lisa Fong, principal of Move it Mama is not a qualified personal trainer, nutritionist or medical practitioner, and does not hold out herself or any other person participating in Move it Mama to have qualifications in any of these areas. While some general guidance or discussion may from time to time be provided within Move it Mama forums on topics touching on these areas, you accept that Lisa Fong, Move it Mama employees, contractors and other members are not purporting to provide professional services or advice in any of these areas. Move it Mama does not purport to endorse the comments or advice of other members or its accuracy or completeness. Professional advice should be sought where necessary, in particular if you have special dietary needs, physical disabilities or health conditions.
b. The fitness workouts provided by Move it Mama follow the HIIT (High Intensity Interval Training) Format. You are solely responsible for ensuring you have a sufficient degree of fitness and physical capability to participate in this exercise format, and/or to seek professional advice from a medical professional if you are unsure.
c. Participants who are inexperienced in HIIT or who are beginning with a low level of personal fitness are encouraged and recommended to start with the Beginner Workout Sessions provided by Move it Mama and to seek advice from Move it Mama or a qualified personal trainer if unsure how to carry out any HIIT exercises correctly.
d. Members who are pregnant or at post-partum stage participate in Move it Mama fitness workouts at their own risk. it is recommended that such members should seek professional medical advice and exercise clearance before participating in Move it Mama workouts, including pregnancy specific fitness workouts. While some general guidance or discussion may be provided in pregnancy workouts, you accept that Lisa Fong, Move it Mama employees or contractors, and other members are not purporting to provide professional services or advice in any of these areas. Move it Mama does not purport to endorse the comments or advice of other members or its accuracy or completeness. Professional advice should be sought where necessary, particularly if you are pregnant or post-partum.
e. Move it Mama 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 Move it Mama workout sessions participants should cease the workout and seek advice from a medical professional or physiotherapist before continuing with Move it Mama workouts.
g. Move it Mama 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 Move it Mama fitness workouts, and shall not accept any claim for compensation or reimbursement of medical costs associated with this.
h. 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 in connection with any services provided by Move it Mama shall be limited to the total sum of any membership fees paid by you that relate to the cause of action established.
i. You shall be bound by and observe the conditions and restrictions of use or sharing of Move it Mama workouts and associated intellectual property as set out in Clause 4.
4. CONDITIONS OF, AND RESTRICTIONS AGAINST, USE OR SHARING OF MOVE IT MAMA WORKOUTS AND ASSOCIATED INTELLECTUAL PROPERTY
a. The name “Move it Mama”, The “Move it Mama” Logo, and all live streamed or uploaded recordings of workout videos produced by Move it Mama are the intellectual property of Lisa Fong trading as Move it Mama and may not be used in any manner that constitutes a breach of our intellectual property rights, unless expressly permitted by Move It Mama.
b. All Move It Mama live or pre-recorded workouts are for your personal use. Move it Mama authorises within the meaning of personal use, sharing and participating in Move It Mama workouts with other members of your immediate family or, within reasonable limits, sharing and participating in Move it Mama 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 Move It Mama.
c. You must not use, share, post or re-post Move it 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 Move it Mama.
5. PRIVACY AND MARKETING
a. Move it Mama is an online forum, with workouts being live-streamed on facebook, and members able to post comments and share photo’s within the group. By participating in Move it Mama, you accept that any comments or posts you make will be visible to all members of Move it 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 Move it Mama group.
b. You accept that Move It Mama may re-post Move it Mama 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 Move it Mama.
c. Move it Mama will use all reasonable endeavours 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 Move it Mama, or photos you publish in Move it 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 Move it Mama forums without the express written consent of Move it Mama.
6. CANCELLATION AND REFUNDS:
If you decide to cancel your membership, you expressly acknowledge and accept that:
a. You are required to give one week notice of the cancellation of your membership by emailing email@example.com, which shall cease at the end of that notice period.
b. Participants with a month subscription shall not be entitled to a refund of the membership subscription for the month, irrespective of the reason for or timing of the cancellation.
c. Participants with an annual subscription who wish to cancel your membership may, at the sole discretion of Move it Mama be offered a partial refund, or be permitted to transfer the membership to another person. The participant accepts that there shall be no entitlement to or expectation of a minimum level of refund and the participant should contact Move it Mama to discuss their circumstances.
We may cancel your membership with immediate effect, if:
d. You breach any part of clause 4; or
e. You otherwise breach the terms and conditions of membership or commit an act that brings, or could bring the reputation of Move It Mama! into disrepute.
In the event we cancel your membership in accordance with these terms and conditions, refunds will be at the sole discretion of Move it Mama.