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TERMS & CONDITIONS OF
MOVEMENT ONLINE FITNESS & BOOTCAMPS MEMBERSHIP
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All references to "Movement Online Fitness & Bootcamps" "Movement Bootcamps" “Movement Online Fitness”, “We”, or “Us” or “Our” are references to or include Movement Online Fitness Limited, Amelia Scott as the Principal and Creator of Movement Online Fitness, and any staff, contractors or other persons providing live-streamed fitness workouts or other authorised services for or on behalf of Movement Online Fitness Limited.
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“Services” means the Movement Online Fitness live stream and on-demand sessions, offered on a subscription service.
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“Site” means movementonlinefitness.com, Movement Online Fitness app (provided by Wix.com) as well as Movement Online Fitness' Facebook and Instagram social media accounts.
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Users of Movement Online Fitness are referred to below as “members”, “participants”, or “you” or “I” as the context requires.
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The following sets out the terms and conditions for use of the Movement Online Fitness website, app, social media pages, and the use of our online live-streamed or on-demand fitness sessions.
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These terms and conditions are governed by New Zealand law.
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By clicking “I accept” and accessing and participating in our workouts, you acknowledge that you have read and agree with all Terms and Conditions and that you are 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 Movement Online Fitness’ services.
Please read this information carefully as it outlines your responsibilities, obligations and rights as a Movement Bootcamp participant:
You acknowledge the activities you are to undertake have potential dangers and by participating in them, you are exposed to certain risks.
You are solely responsible for exercising within your limits and assume all risk of harm, injury or fatality to your person or property resulting from your participation in Movement Bootcamp's services. We recommend consulting with a medical professional and or seeking medical clearance if you are pregnant or post-partum, have a history of chest pain, knee, ankle, wrist, shoulder, joint or spinal (back or neck) problems or injuries. Services and information provided by Movement Online Fitness does not constitute medical or professional advice or care.
If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately.
You agree that in the event you are injured or your personal property is damaged, you will bring no claim, legal or otherwise, against Movement Online Fitness operating as Movement Bootcamps in respect of that injury, loss or damage.
TERMS & CONDITIONS OF
MOVEMENT BOOTCAMPS MEMBERSHIP
1. YOUR MEMBERSHIP
1.1 Upon accepting our Terms and Conditions of participation and paying the relevant membership/program fee the participant shall be given membership access to the Movement Online Fitness website, members app, and bootcamp sessions for the period covered by the membership/casual pass fee.
1.2 Movement Online Fitness will (subject to the variations set out below) provide participants with a minimum of (5) bootcamp workouts 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 Movement Online Fitness. Sessions may also be reduced from time to time such as for public holidays i.e Christmas and New Year period. Advanced notification will be provided in these instances.
1.3 To access and book our Services you will need to:
a. Register a Movement Online Fitness account; and
b. Purchase a Movement Bootcamp Membership or Program
1.4 To create an account, purchase a membership and use the Movement Online Fitness Service, you must:
a. Be aged 18 years or above (or the age of majority in your territory of residence if more than 18 years old) or have the permission of a parent or caregiver to participate in Movement Online Fitness’ services;
b. Have internet access; and
c. Provide us with a current, valid, payment method acceptable to us (as confirmed during the online sign up process).
1.5 Your membership subscription will automatically renew for a subsequent subscription period unless and until you or we cancel it in accordance with these terms and conditions.
1.6 You can access details of your membership with us at any time, including the renewal date and price for your Subscription, by logging in to our members site or app or by contacting movementonlinefitness@gmail.com
1.7 If a payment is not successfully settled or you cancel your Movement Online Fitness Account, your access to our Services will be suspended. To reinstate access, you will need to sign up for a new plan, however, you can use your existing log in details - you do not need to create a new account. When you update your plan and payment method, you authorise us to charge the updated payment method for your on-going membership fee. This may result in a change to your payment dates or subscription period.
2. VARIATIONS TO OUR SCHEDULE
2.1 In the event of poor weather, session locations may change. This will be advised in the Movement Online Fitness Family [Private Members] Facebook group.
2.2 If for any reason the minimum number of fitness sessions cannot be provided in any week, Movement Bootcamps reserves the right to substitute a live workout session with a pre-recorded fitness session or to provide an alternate Movement Bootcamps session time and date.
2.3 While all efforts will be made to ensure all bootcamp sessions proceed at the pre-scheduled time, there may be instances where workouts commence later than the published start time. You are encouraged to arrive 5-10 minutes early, especially if it is your first session or if you have children requiring child minding.
2.4 Movement Bootcamps reserves the right to amend the scheduled days and times of the bootcamp workout sessions.
3. CONDITIONS OF PARTICIPATION IN MOVEMENT ONLINE FITNESS WORKOUTS
3.1 By participating in Movement Bootcamps workouts or in discussions between us and you, or generally among Movement Online Fitness & Bootcamps members, you expressly acknowledge and accept that:
a. Amelia Scott, principal of Movement Online Fitness is a qualified Personal Trainer and Fitness Instructor, however, does not hold qualifications as a nutritionist, dietitian or medical practitioner, and does not hold out herself or any other person participating in Movement Online Fitness & Bootcamps to have qualifications in any of these areas. While some general guidance or discussion may from time to time be provided within Movement Online Fitness forums & Bootcamps on topics touching on these areas, you accept that Amelia Scott, Movement Online Fitness & Bootcamps employees, contractors and other members are not purporting to provide professional services or advice in any of these areas. Movement Bootcamps 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 requirements, physical disabilities or health conditions.
b. You shall be bound by and observe the conditions and restrictions of use or sharing of Movement Online Fitness & Bootcamps workouts and associated intellectual property as set out in Clause 4.
c. Bullying, abusive behaviour and or language will not be tolerated on any live-stream workout or social media interaction with Movement Online Fitness, its employees or fellow members. You accept that if your behaviour is deemed to be of an abusive or bullying nature, Movement Online Fitness & Bootcamps reserves the right to terminate your membership. No refund shall be provided if membership has been paid for in advance.
4. CONDITIONS OF, AND RESTRICTIONS AGAINST, USE OR SHARING OF MOVEMENT ONLINE FITNESS WORKOUTS AND ASSOCIATED INTELLECTUAL PROPERTY
4.1 The name “Movement Online Fitness”, The “Movement Online Fitness” Logo, and all bootcamp, live stream or uploaded recordings of workout videos produced by Movement Online Fitness are the intellectual property of Movement Online Fitness and may not be used in any manner that constitutes a breach of our intellectual property rights, unless expressly permitted by Movement Online Fitness.
4.2 All Movement Online Fitness live and on-demand workouts are for your personal use only. Movement Online Fitness authorises within the meaning of personal use, sharing and participating in Movement Online Fitness workouts with other members of your immediate family or, within reasonable limits, sharing and participating in Movement Online Fitness 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 Movement Online Fitness.
4.3 You must not use, share, post or re-post Movement Online Fitness content in connection with, or to promote, other services or products in any other forum, whether online or otherwise, without the express written permission of Movement Online Fitness.
5. CANCELLATIONS AND REFUNDS
5.1 You may cancel your subscription at any time. You will continue to have access to Movement Online Fitness & Bootcamps services through to the end of your current subscription period. There is no refund for the unexpended portion of your subscription period. If you decide to cancel your membership, you expressly acknowledge and accept that:
a. Notice of cancellation of your membership must be emailed to movementonlinefitness@gmail.com
b. Participants with an 'upfront' subscription who wish to cancel their membership are permitted to transfer the membership to another person. Notice of transfer must be emailed to movementonlinefitness@gmail.com before the transfer can occur.
5.2 We may cancel your membership with immediate effect, if:
a. You breach any part of clause 4; or
b. You otherwise breach the Terms and Conditions of membership or commit an act that brings or could bring the reputation of Movement Online Fitness into disrepute.
5.3 In the event we cancel your membership in accordance with these terms and conditions, refunds will be at the sole discretion of Movement Online Fitness.
6. HOLDS/PAUSES
We understand that sometimes life gets busy, and you may need to temporarily pause your membership. To keep things fair and sustainable for everyone, we’ve introduced a simple hold policy.
Hold Fee
6.1 A small $1/day hold fee applies for all membership pauses. This helps us reserve your spot, keep your account active behind the scenes, and ensure a smooth return.
How to Request a Hold
6.2 All holds must be requested using our Hold Request Form
6.3 Holds must be submitted at least 72 hours in advance of your requested start date
6.4 You must provide a specific start and end date for your hold, with a minimum of 1 week/7 days hold period
6.5 Once submitted, you'll be directed to complete payment for the duration of your hold
6.6 Holds are not confirmed until payment is received
What Happens During a Hold
6.7 Your membership access will be paused, and you won’t be able to book or attend sessions during the hold period or access programs/resources in the app
6.8 Your spot in our community is secured and your billing cycle resumes automatically at the end of the hold
6.9 If you wish to extend your hold, a new Hold Request Form must be submitted and paid for.
Eligibility:
This hold policy applies to all bootcamp membership types.
Members in good standing (i.e., with no outstanding balances) are eligible to request a hold. Holds cannot be processed for accounts in a grace period or with outstanding balances.
7. YOU AGREE TO
7.1 Pay the membership Fees;
7.2 Comply at all times with these Terms and Conditions;
7.3 Use Movement Online Fitness services for your own personal and non-commercial use, and not for any commercial or business purpose;
7.4 Ensure all information you provide us is correct at all times, and notify us immediately of any changes to your contact details;
7.5 Follow the instructions and directions we provide about using our Services and only use the service in accordance with all applicable laws, rules and regulations;
7.6 Be responsible and liable for any use by any other person (authorised or unauthorised) of the we provide to you, including, without limitation, any charges associated with that use and any consequences if an applicable person misuses the our services or breaches this Agreement or suffers any injury or damage to their property;
7.7 Make sure everyone you are responsible for and who may use or do anything in relation to the Movement Online Fitness Services also meets the responsibilities set out in these Terms and Conditions and;
7.8 Be responsible for configuring your information technology, computer content and devices in order to access our Site, and the Movement Online Fitness Service. You should use your own virus protection software to protect your information.
7.9 We are not responsible for:
a. Any use of the Movement Online Fitness service which isn't authorised by us;
b. Any malfunction of or interruption to the Movement Online Fitness service due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;
c. Incompatibility of our services with any other software or hardware (including any of your devices).
7. NOTICES
7.1 We will send you information relating to your account and your subscription (e.g. payment authorisations, invoices, changes in payment method, confirmation messages, content and feature updates and other service or transactional messages) by email to the email address provided during sign up.
7.2 You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that applicable communications be in writing.
TERMS & CONDITIONS OF
MOVEMENT ONLINE MEMBERSHIP
1. YOUR SUBSCRIPTION
1.1 Upon accepting our Terms and Conditions of participation and paying the relevant membership fee, the participant shall be given membership access to the Movement Online Fitness website, members app, and live workout sessions for the period covered by the membership fee.
1.2 Movement Online Fitness will (subject to the variations set out below) provide participants with a minimum of four (4) live-stream fitness workouts 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 Movement Online Fitness. Sessions may also be reduced from time to time such as for public holidays i.e Christmas and New Year period. Advanced notification will be provided in these instances.
1.3 To access and view our Services you will need to:
a. Register a Movement Online Fitness account; and
b. Purchase a Movement Online Fitness subscription or annual membership.
1.4 To create an account, purchase a membership and use the Movement Online Fitness Service, you must:
a. Be aged 18 years or above (or the age of majority in your territory of residence if more than 18 years old) or have the permission of a parent or caregiver to participate in Movement Online Fitness’ services;
b. Have internet access; and
d. Provide us with a current, valid, payment method acceptable to us (as confirmed during the online sign up process).
1.5 Your membership subscription will automatically renew for a subsequent subscription period unless and until you or we cancel it in accordance with these terms and conditions.
1.6 You can access details of your subscription with us at any time, including the renewal date and price for your Subscription, by logging in to our members site or app or by contacting movementonlinefitness@gmail.com
1.7 If a payment is not successfully settled or cancel your Movement Online Fitness Account, your access to our Services will be suspended. To reinstate access, you will need to sign up for a new plan, however, you can use your existing log in details - you do not need to create a new account. When you update your plan and payment method, you authorise us to charge the updated payment method for any uncollected amounts and your on-going subscription fee. This may result in a change to your payment dates or subscription period.
2. VARIATIONS TO OUR SCHEDULE
2.1 In the event of illness, injury or unavailability for any reason, Movement Online Fitness will use all best endeavours to arrange for a qualified individual to provide a live-stream fitness workout in substitution for Amelia Scott.
2.2 If for any reason the minimum number of fitness sessions cannot be provided in any week, Movement Online Fitness reserves the right to substitute a live workout session with a pre-recorded fitness session or to provide an alternate live-stream session time and date.
2.3 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.
2.4 Movement Online Fitness reserves the right to amend the scheduled days and times of the live-stream workout sessions.
3.1 By participating in Movement Online Fitness workouts or in discussions between us and you, or generally among Movement Online Fitness members, you expressly acknowledge and accept that:
a. Amelia Scott, principal of Movement Online Fitness is a qualified Personal Trainer and Fitness Instructor, however, does not hold qualifications as a nutritionist, dietitian or medical practitioner, and does not hold out herself or any other person participating in Movement Online Fitness to have qualifications in any of these areas. While some general guidance or discussion may from time to time be provided within Movement Online Fitness forums on topics touching on these areas, you accept that Amelia Scott, Movement Online Fitness employees, contractors and other members are not purporting to provide professional services or advice in any of these areas. Movement Online Fitness 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 requirements, physical disabilities or health conditions.
b. You are solely responsible for exercising within your limits and assume all risk of injury to your person or property resulting from your use of Movement Online Fitness’ services, except where injury to your person has been caused by our negligence. We recommend consulting with a medical professional and or seeking medical clearance if you are pregnant or post-partum, have a history of chest pain, knee, ankle, wrist, shoulder, joint or spinal (back or neck) problems or injuries.
c. Participants who are unfamiliar with the exercises provided by Movement Online Fitness who are beginning with a low level of personal fitness are encouraged and recommended to utilise the low impact options provided by Movement Online Fitness and to seek advice from us if you are unsure how to carry out any exercises safely. If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately. Services and information provided by Movement Online Fitness does not constitute medical or professional advice or care.
d. Movement Online Fitness does not provide any warranty or guarantee of any exercise, health, weight loss or fitness results or improvements to users of the Movement Online Fitness Service.
e. You shall be bound by and observe the conditions and restrictions of use or sharing of Movement Online Fitness workouts and associated intellectual property as set out in Clause 4.
f. Bullying, abusive behaviour and or language will not be tolerated on any live-stream workout or social media interaction with Movement Online Fitness, its employees or fellow members. You accept that if your behaviour is deemed to be of an abusive or bullying nature, Movement Online Fitness reserves the right to terminate your membership. No refund shall be provided if membership has been paid for in advance.
3. CONDITIONS OF PARTICIPATION IN MOVEMENT ONLINE FITNESS WORKOUTS
4.1 The name “Movement Online Fitness”, The “Movement Online Fitness” Logo, and all live stream or uploaded recordings of workout videos produced by Movement Online Fitness are the intellectual property of Movement Online Fitness and may not be used in any manner that constitutes a breach of our intellectual property rights, unless expressly permitted by Movement Online Fitness.
4.2 All Movement Online Fitness live and on-demand workouts are for your personal use only. Movement Online Fitness authorises within the meaning of personal use, sharing and participating in Movement Online Fitness workouts with other members of your immediate family or, within reasonable limits, sharing and participating in Movement Online Fitness 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 Movement Online Fitness.
4.3 You must not use, share, post or re-post Movement Online Fitness content in connection with, or to promote, other services or products in any other forum, whether online or otherwise, without the express written permission of Movement Online Fitness.
4. CONDITIONS OF, AND RESTRICTIONS AGAINST, USE OR SHARING OF MOVEMENT ONLINE FITNESS WORKOUTS AND ASSOCIATED INTELLECTUAL PROPERTY
5. CANCELLATIONS AND REFUNDS
5.1 You may cancel your subscription at any time, and you will continue to have access to Movement Online Fitness’ services through to the end of your current subscription period. There is no refund for the unexpended position of your subscription period. If you decide to cancel your membership, you expressly acknowledge and accept that:
a. Notice of cancellation of your membership must be completed through the members website or app or emailed to movementonlinefitness@gmail.com
b. Participants with an annual subscription who wish to cancel their membership are permitted to transfer the membership to another person. Notice of transfer must be emailed to movementonlinefitness@gmail.com before the transfer can occur.
5.2 We may cancel your membership with immediate effect, if:
a. You breach any part of clause 4; or
b. You otherwise breach the Terms and Conditions of membership or commit an act that brings or could bring the reputation of Movement Online Fitness into disrepute.
5.3 In the event we cancel your membership in accordance with these terms and conditions, refunds will be at the sole discretion of Movement Online Fitness.
6. HOLDS/PAUSES
We understand that sometimes life gets busy, and you may need to temporarily pause your membership. To keep things fair and sustainable for everyone, we’ve introduced a simple hold policy.
Hold Fee
6.1 A small $1/day hold fee applies for all membership pauses. This helps us reserve your spot, keep your account active behind the scenes, and ensure a smooth return.
How to Request a Hold
6.2 All holds must be requested using our Hold Request Form
6.3 Holds must be submitted at least 72 hours in advance of your requested start date
6.4 You must provide a specific start and end date for your hold, with a minimum of 1 week/7 days hold period
6.5 Once submitted, you'll be directed to complete payment for the duration of your hold
6.6 Holds are not confirmed until payment is received
What Happens During a Hold
6.7 Your membership access will be paused, and you won’t be able to book or attend sessions during the hold period or access programs/resources in the app
6.8 Your spot in our community is secured and your billing cycle resumes automatically at the end of the hold
6.9 If you wish to extend your hold, a new Hold Request Form must be submitted and paid for.
Eligibility:
This hold policy applies to all bootcamp membership types.
Members in good standing (i.e., with no outstanding balances) are eligible to request a hold. Holds cannot be processed for accounts in a grace period or with outstanding balances.
7.. YOU AGREE TO
7.1 Pay the subscription Fees;
7.2 Comply at all times with these Terms and Conditions;
7.3 Use Movement Online Fitness services for your own personal and non-commercial use, and not for any commercial or business purpose;
7.4 Ensure all information you provide us is correct at all times, and notify us immediately of any changes to your contact details;
7.5 Follow the instructions and directions we provide about using our Services and only use the service in accordance with all applicable laws, rules and regulations;
7.6 Be responsible and liable for any use by any other person (authorised or unauthorised) of the we provide to you, including, without limitation, any charges associated with that use and any consequences if an applicable person misuses the our services or breaches this Agreement or suffers any injury or damage to their property;
7.7 Make sure everyone you are responsible for and who may use or do anything in relation to the Movement Online Fitness Services also meets the responsibilities set out in these Terms and Conditions and;
7.8 Be responsible for configuring your information technology, computer content and devices in order to access our Site, and the Movement Online Fitness Service. You should use your own virus protection software to protect your information.
7.9 We are not responsible for:
a. Any use of the Movement Online Fitness service which isn't authorised by us;
b. Any malfunction of or interruption to the Movement Online Fitness service due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;
c. Incompatibility of our services with any other software or hardware (including any of your devices).
8. NOTICES
8.1 We will send you information relating to your account and your subscription (e.g. payment authorisations, invoices, changes in payment method, confirmation messages, content and feature updates and other service or transactional messages) by email to the email address provided during sign up.
8.2 You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that applicable communications be in writing.