We are truly excited to have you aboard. Thank you for choosing to use our services.
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant
Please read these terms of service carefully.
By accessing or using the find a trainer applications or services, you agree to be bound by these terms of service.
If you do not agree to all of these terms and conditions, do not access or use the find a trainer website, application or any service provided by us.
1.1 Find a Trainer (hereafter referred to as FT) is an online platform (hereafter: referred to as ‘FT site’). The policies referred to herein apply to your use, inclusive of any registered trainers (hereafter: referred to as ‘Trainer’) and user (hereafter: referred to as ‘User’) on the FT site and all affiliated websites and applications owned and operated by Juliet Vesely (Tz: 327057055).
1.2 FT may modify this Agreement's terms and conditions at any time without notice. Continued use of the services and the FT Site after a change in this Agreement, or after implementation of any other new FT Policies constitutes acceptance of such change or policy. If you do not agree to the terms of this agreement or any revised version of this agreement, please do not use this site.
1.3 FT provides User with health and fitness information useful in choosing the best fit personal trainer. FT enables User to purchase a single session or pay a deposit for a package of sessions with a chosen Trainer. Once a session is paid for a confirmation email is set to both the Trainer and User. The selected trainer will call then call the User to organize their first session together. By using the Services, Trainer and User agrees to receive session confirmations by email after booking a session through the FT Site.
2. NO SHOW POLICY AND CANCELLATION POLICY
2.1 Users are required to cancel or reschedule sessions at least 24 hours prior to their booked appointment with the trainer.
2.2 To cancel or reschedule sessions, the chosen Trainer must be contacted directly at least 24hrs prior to the booked appointment, either a new session time is made directly with the chosen Trainer or (in the case of a cancellation without reschedule) a follow up email must call be sent to email@example.com clearly stating your Name, Phone number, Email address and reason for cancellation. There will be an immediate full purchase cost credit added to your account to be used in any further purchases.
2.3 To cancel a session before a Trainer has made contact, send an email to: firstname.lastname@example.org clearly stating your Name, Phone number, Email address and reason for cancellation. There will be an immediate full purchase cost credit added to your account to be used in any further purchases.
2.4 If you are unable to keep your session and you fail to cancel or reschedule, you will forfeit the full value of your session and no credit will be given. Please understand that the Trainer has blocked out that time for you and lost an alternate income earning opportunity.
2.5 FT is committed to providing an efficient service to it’s Users and Trainers, hence once money has been transferred, the bank has already deducted their processing costs therefore credits are not redeemable for cash, however they are transferable if notice is given in writing or email.
4. DEVICE USAGE
4.1 You acknowledge and agree that your use of the FT Site must also be in accordance with the usage rules established by your mobile device platform or service provider.
5. REGISTRATION DATA AND ELIGIBILITY
5.1 To access certain areas and features of the FT Site, you may be required to register.
5.2 Trainers are required to complete the joining form and send in a suitable profile photo, acceptance or rejection of application is at the discretion of FT. If accepted, the Trainer will be sent a contract to sign, attaching their certification or accreditation notices and fee structure. This must all be returned to email@example.com before trainer profile goes live on line.
5.3 Trainer agrees that any information supplied during the registration process will be accurate, truthful, and complete. Trainer also agree not to (i) select, register, or attempt to register, or use a name of another person with the intention of impersonating that person; (ii) use a name of anyone else without authorization; or (iii) use any content, names, data, or other information that is in violation of the intellectual property rights of any person or that FT considers to be offensive or adverse to the spirit and purpose of the Site. FT reserves the right to reject or terminate any registration that, in its judgment, it deems offensive or otherwise in violation of this Agreement.
5.4 FT is under no obligation to retain a record of accounts or any data or information that one may have stored by means of Trainer account or your use of the services. Authorization is only given to create and use one account for the services and are prohibited from using alter egos or other disguised identities when using the services.
5.7 You may not use the Services if you are under 18 years of age.
5.8 Registration fees for Users and/or Trainers- As of today, the platform registration for Users and Trainers is currently free. FT may in the future charge a flat fee and/or a monthy fee for being a registered trainer on the FT site or may charge Users to book on the site. Any changes to this will be made clear before any charges incur.
6. USAGE GUIDELINES
6.2 Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. FT reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel sessions.
6.3 FT expressly reserves all its rights and remedies under applicable state law to deal with any violations of this Agreement.
7. EMAIL POLICY
7. 1 You may receive periodic emails from FT.
7.2 If you would rather not receive email from FT, please unsubscribe by clicking on the “Unsubscribe” link at the bottom of the email. User acknowledges and agrees, however, that User will still receive session confirmation emails, session change confirmation emails, session cancelation confirmation emails, account change confirmation emails and other emails relating to sessions booked by the User through the FT Site or changes made to your account through the FT Site, even if User has opted not to receive periodic email from FT.
7.2 You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing.
8. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER
8.1 All materials contained on the Site are protected by copyright law except where explicitly noted otherwise. FT reserves all rights in this content.
8.2 You acknowledge and agree that content, including but not limited to text, software, photographs, video, design, recordings, music, graphics, or other material contained on the Site is protected by proprietary rights and applicable law. You agree not to copy, reproduce, distribute, or create derivative works from the Content or otherwise use, transmit, rebroadcast, publish, or distribute the Content in any form other than as expressly authorized by this Agreement without FT prior written consent.
8. 3 All text, graphics, video, data, software or other content on the FT Site ("FT Content") is provided to Users by FT for the sole purpose of using the services. User shall not copy, display, modify, create derivative works of, publish, rent, lease, redistribute, sublicense, sell, decompile or reverse-engineer the FT Content or any information, software, or services provided by FT hereunder. The FT Content may be modified from time to time by FT in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the services or the FT Content by User shall constitute a material breach of this Agreement.
9. PRODUCT DESCRIPTIONS
9.1 FT attempts to be as accurate as possible. If you have reason to believe that a session you purchased through the services does not meet the claims advertised within the services, you must contact FT immediately (and in any case no later than three business days following the session date). Your failure to contact us within in this period may affect our ability to investigate and resolve your claim.
10.1 You acknowledge that training can be dangerous. The facilities at which a sessions takes place may contain hazards that could result in your injury or death or damage to your property. The equipment used at a session could cause your injury or death or damage to your property. Your client or trainer could cause your injury or death or damage to your property. You assume all risk of injury, death, and property damage related to all sessions scheduled through the Site. FT does not inspect or maintain any facilities at which any lesson takes place, does not provide any equipment used at any session, and is not responsible for the behavior of any client or trainer. By scheduling a session, you are agreeing that FT has no liability whatsoever for any injury, death, or property damage suffered by you in connection with such session.
11. PURCHASING SESSIONS FROM FT
11. 1 When you purchase a session using the Services, you are representing the following: (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company and (iii) you will pay the posted price for the session, even if you are unable to attend that session. Posted session rates include applicable taxes. You are responsible for paying the fitness club or trainer directly for any additional services or charges you incur once you are at the session.
12. USER CONTENT AND USER CONDUCT
12.1 By using the Site, you agree not to submit, post, or transmit any content or otherwise to engage in any conduct, that violates any of the following rules:
You may not attempt to harm, disrupt, or otherwise engage in activity that impairs, the Site.
You may not post any content on the Site that (a) violates or encourages others to violate any applicable law or regulation, or which would give rise to civil liability; (b) is fraudulent, false, misleading, or deceptive; (c) is defamatory, pornographic, obscene, vulgar, or offensive; (d) promotes bigotry, racism, hatred, harassment, or harm against any individual or group; or (e) is abusive or threatening.
You may not attempt to interfere with any other person’s use of the Site or the services offered on the Site.
You may not misrepresent your identity or impersonate any person.
You may not access, descramble, deactivate, remove, impair bypass, or circumvent any technological measure that we, our partners, or a third party have implemented to protect the Site.
You may not attempt to gain access to any account, computers or networks related to or used in connection with the Site, without authorization, or otherwise tamper with any aspect of the Site, or use any robot, spider, data mining tool, web tool, engine, software, device, or mechanism to access data on the Site, unless we provided you with such tool and authorized you to use it for the specific purpose(s) in which you have used it
You may not attempt to obtain any data through any means from the Site, except if we intend to provide or make it available to you.
You may not use the Site to participate in pyramid schemes or chain letters.
You may not use the Site to send, either directly or indirectly, any unsolicited bulk email or communications or unsolicited commercial email or communications.
You may not use the Site to post, display, send or otherwise make available or use, any material protected by intellectual property laws unless you own or control all necessary rights to such material or have received all necessary authorization.
You may not use the Site to send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of any computer or property.
You may not use the Site to download any material sent by another user of the Site that you know, or reasonably should know, cannot be legally distributed in such manner.
You may not use the Site in a manner that violates this Agreement, or any code of conduct or other guidelines which may be applicable to the Site.
You may not use the Site to harvest or otherwise collect information about others, including without limitation email addresses.
You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with the Site.
You may not use the Site in a manner that results in excessive bandwidth usage, as determined solely by us.
12.2 We have the right to make all judgments concerning any of the above prohibitions in our sole, exclusive, and complete discretion. We reserve the right, also in our sole discretion, to determine whether and what action to take in response to any violation or potential violation of this Agreement, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint or situation.
13.1 FT takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Services. FT will not be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter through the Services. Your use of the Services, including any Interactive Areas, is at your own risk. Enforcement of the user content and conduct rules set forth in these Terms is solely at FT's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by these rules.
13.2 FT has full rights to all submitted materials, unless we indicate otherwise. These rights are nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FT for all claims resulting from content you supply. FT has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by FT in its sole discretion.
14. THIRD-PARTY INTERACTIONS
14.1 Users use of the Services and contact, interaction or dealings with any third parties arising out of your use of the Services is solely at your own risk. The fitness clubs, trainers and other suppliers of FT are independent contractors and not agents or employees of FT. FT is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of these fitness clubs, trainers or other suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.
15. ACCESS AND INTERFERENCE
Much of the information on the FT site is updated on a real time basis and is proprietary or licensed to FT by its trainers, fitness clubs or third parties. By using the FT site, you agree not to:
15.1 Use any robot, spider, scraper or other automatic device, process or means to access the FT Site for any purpose without FT’s express written permission.
15.2 Take any action that imposes or may impose (in FT’s sole discretion) an unreasonable or disproportionately large load on our infrastructure.
15.3 Implement any manual processes to monitor or copy FT Content from the FT Site without express written permission.
15.4 Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the FT Site.
16. TERMINATION OR MODIFICATION OF APPLICATION
16.1 FT reserves the right to change, suspend, remove, discontinue or disable access to the Services (including, but not limited to, the FT Site) at any time without notice. In no event will FT be liable for the removal of or disabling of access to any portion or feature of the Services (including, but not limited to, the FT Site).
17.1 If you breach any of the terms or conditions of this Agreement or FT discontinues the FT Site, these Terms will automatically terminate. In the event of the termination of this Agreement for any reason, the license granted to you in this Agreement will immediately terminate and you must immediately stop all use of the Services (including the FT Site). All of the sections of this Agreement that by their nature should survive termination will survive any termination of this Agreement. For avoidance of doubt, the License section will not survive termination of this Agreement. Any use of the Services after termination is unlicensed and is in violation of the copyright and other rights of FT. FT and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.
18. UNLAWFUL ACTIVITY
18.1 We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.
19. INFORMATION AND PRESS RELEASES
19.1 The FT Site may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.
20. LIABILITY LIMITATIONS
20.1 In no event shall FT be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with (i) any use of the services, the FT site or the FT content, (ii) any failure or delay (including, but not limited to, the use or inability to use any component of the services or the FT site for sessions), or (iii) the performance or non-performance of any trainer or fitness club in connection with the services. In addition, all users specifically understand and agree that any third party directing users to the FT site by referral, link or any other means is not liable to user for any reason whatsoever, including but not limited to damages or loss associated with the use of the services, the FT site or the FT content.
20.2 FT is neither an agent of nor is connected with any affiliated trainer or fitness club in which a user has made a session. Aside from the services provided on the FT site. FT is not liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with a user’s visit to an affiliated trainer or fitness club.
21. DISCLAIMER OF WARRANTY
21.1 The information, programs, products, and materials contained in or accessed on the FT site, including, without limitation, the services and the FT content, are provided to user on an 'as is' basis and without warranty of any kind. FT disclaims all warranties, expressed or implied, with respect to the services, the FT site, the FT content and related materials provided hereunder including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing.
22.1 You will defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to (i) your conduct; (ii) your violation of this Agreement or your violation of the rights of any third party; or (iii) any User Content you share.
23. THIRD-PARTY CONTENT
23.1 FT may provide third-party content via the Services and may provide links to webpages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. FT does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding Third-Party Content including, but not limited to, its accuracy or completeness. FT is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use Third-Party Content at their own risk.
24.1 If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
25. NO ASSIGNMENT
25.1 This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by User, but may be so transferred, assigned or delegated by FT.
26.1 Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.