TERMS AND CONDITIONS of “SHE MOVES” MEMBERSHIP:
· All references to “She Moves”, “We”, or “Us” or “Our” are references to or include Bridie Hogan trading as “She Moves with Bridie Walker” as the principal and founder of She Moves, and any staff, contractors or other persons providing live-streamed fitness workouts or other authorised services for or on behalf of She Moves or Bridie Walker.
· Users of She Moves 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 She Moves and Bridie Walker website, facebook page, and the use of our online live-streamed or pre-recorded fitness programs of Bridie Walker and She Moves.
· These terms and conditions are governed by the laws of Australia.
· 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 Australia, and you warrant that you are at least 18 years of age or have the permission of a parent or caregiver to participate in She Moves.
1. WHAT SHE MOVES 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 She Moves website and facebook page, and live workout sessions for the period covered by the membership fee, which shall be for the paid monthly subscription.
b. Bridie Walker, principal of She Moves, will (subject to the variations set out below) provide participants with three fitness workout videos each week, in accordance with the schedule of days and times. Additional workout sessions may be provided at any time at the sole discretion of Bridie Walker.
2. VARIATIONS TO SCHEDULED LIVE-STREAMED WORKOUTS:
a. In the event of illness or injury, She Moves will use all best endeavours to arrange for an experienced member to provide a fitness workout in substitution for Bridie Walker.
b. If for any reason the minimum number of fitness sessions cannot be provided in any week, She Moves reserves the right to substitute a live workout session with a pre-recorded 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. She Moves reserves the right to amend the scheduled days and times of the live-streamed workout sessions.
3. CONDITIONS OF PARTICIPATION IN SHE MOVES FITNESS WORKOUTS:
By participating in She Moves workouts or in discussions between us and you, or generally among She Moves members, you expressly acknowledge and accept that:
a. Bridie Hogan, principal of She Moves is a qualified personal trainer but not a nutritionist or medical practitioner, and does not hold herself or any other person participating in She Moves to have qualifications in any of these areas. While general guidance is provided within She Moves, you accept that Bridie Hogan and other members are not purporting to provide professional services or advice in any of these areas. She Moves 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 She Moves follow a resistance circuit and Pilates 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 Pilates or resistance training or who are beginning with a low level of personal fitness are encouraged and recommended to start with the Beginner Sessions provided by She Moves and to seek advice from She Moves or a qualified personal trainer if unsure how to carry out any exercises correctly.
d. She Moves does not provide any warranties or guarantees as to any specific result from participation in the workout sessions.
e. If experiencing any unusual pain or discomfort during any Bridie Walker workout sessions participants should cease the workout and seek advice from a medical professional or physiotherapist before continuing with Bridie Walker workouts.
f. Bridie Walker 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 Bridie Walker fitness workouts, and shall not accept any claim for compensation or reimbursement of medical costs associated with this.
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 in connection with any services provided by Bridie Walker 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 Bridie Walker workouts and associated intellectual property as set out in Clause 4.
4. CONDITIONS OF, AND RESTRICTIONS AGAINST, USE OR SHARING OF SHE MOVES WORKOUTS AND ASSOCIATED INTELLECTUAL PROPERTY
a. The name “She Moves”, The “She Moves” Logo, and all live streamed or uploaded recordings of workout videos produced by Bridie Walker are the intellectual property of Bridie Hogan trading as She Moves with Bridie Walker and may not be used in any manner that constitutes a breach of our intellectual property rights, unless expressly permitted by Bridie Walker.
b. All She Moves live or pre-recorded workouts are for your personal use. Bridie Walker authorises within the meaning of personal use, sharing and participating in She Moves workouts with other members of your immediate family or, within reasonable limits, sharing and participating in She Moves 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 Bridie Walker.
c. You must not use, share, post or re-post She Moves 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 Bridie Walker.
5. PRIVACY AND MARKETING
a. She Moves 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 She Moves, you accept that any comments or posts you make will be visible to all members of She Moves. 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 She Moves group.
b. You accept that Bridie Walker may re-post She Moves 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 She Moves.
c. She Moves 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 She Moves, or photos you publish in She Moves 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 She Moves facebook group without the express written consent of She Moves.
5. 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 firstname.lastname@example.org 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.
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 She Moves into disrepute.
In the event we cancel your membership in accordance with these terms and conditions, refunds will be at the sole discretion of She Moves.