Terms and Conditions
- All references to “One Body & Soul PT”, “We”, or “Us” or “Our” are references to or include Sheree Johansen trading as Elevate Virtual Training, Sheree Johansen as the principal and founder of One Body & Soul PT, and any staff, contractors or other persons providing live-streamed fitness workouts or other authorized services for or on behalf of One Body & Soul PT.
- Users of One Body & Soul PT Live Workouts 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 One Body & Soul PT website, facebook page, and the use of our online live-streamed or pre-recorded fitness programs of One Body & Soul PT .
- 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 One Body & Soul PT.
- WHAT AN ONE BODY & SOUL PT WORKOUT 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 One Body & Soul PT Community facebook page for the period covered by the membership fee, or for the paid monthly subscription.
b) Sheree Johansen, principal of One Body & Soul PT , will (subject to the variations set out below) provide participants with five live-streamed 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 One Body & Soul PT
- VARIATIONS TO SCHEDULED LIVE-STREAMED WORKOUTS:
a) In the event of illness or injury, One Body & Soul PT will use all best endeavours to arrange for an experienced replacement member to provide a live-streamed fitness workout in substitution for the originally scheduled instructor.
b) If for any reason the minimum number of fitness sessions cannot be provided in any week, One Body & Soul PT 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) One Body & Soul PT reserves the right to amend the scheduled days and times of the live-streamed workout sessions and take into account holiday periods and public holidays.
- CONDITIONS OF PARTICIPATION IN ONE BODY & SOUL PT FITNESS WORKOUTS:
By participating in One Body & Soul PT workouts or in discussions between us and you, or generally among One Body & Soul PT members, you expressly acknowledge and accept that:
a) While Sheree Johansen principal of One Body & Soul PT is a qualified personal trainer. Sheree Johansen is not a nutritionist or medical practitioner, and does not hold out herself or any other person participating in One Body & Soul PT to have qualifications in any of these areas. While some general guidance or discussion may from time to time be provided within One Body & Soul PT forums on topics touching on these areas, you accept that Sheree Johansen, One Body & Soul PT employees, contractors and other members are not purporting to provide professional services or advice in any of these areas. One Body & Soul PT 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 One Body & Soul PT 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 One Body & Soul PT and to seek advice from One Body & Soul PT if unsure how to carry out any HIIT exercises correctly.
d) Members who are pregnant or at post-partum stage participate in One Body & Soul PT fitness workouts at their own risk. it is recommended that such members should seek professional medical advice and exercise clearance before participating in One Body & Soul PT workouts, including pregnancy specific fitness workouts. While some general guidance or discussion may be provided in pregnancy workouts, you accept that Sheree Johansen, One Body & Soul PT employees or contractors, and other members are not purporting to provide professional services or advice in any of these areas. One Body & Soul PT 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) One Body & Soul PT 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 One Body & Soul PT workout sessions participants should cease the workout and seek advice from a medical professional or physiotherapist before continuing with One Body & Soul PT workouts.
g) One Body & Soul PT 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 One Body & Soul PT 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 One Body & Soul PT a 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 One Body & Soul PT workouts and associated intellectual property as set out in Clause
- CONDITIONS OF, AND RESTRICTIONS AGAINST, USE OR SHARING OF ONE BODY & SOUL PT WORKOUTS AND ASSOCIATED INTELLECTUAL PROPERTY
a) The name “One Body & Soul PT”, The “One Body & Soul PT” Logo, and all live streamed or uploaded recordings of workout videos produced by One Body & Soul PT are the intellectual property of Sheree Johansen trading as One Body & Soul PT and may not be used in any manner that constitutes a breach of our intellectual property rights, unless expressly permitted by One Body & Soul PT.
b) All One Body & Soul PT live or pre-recorded workouts are for your personal use. One Body & Soul PT authorises within the meaning of personal use, sharing and participating in One Body & Soul PT workouts with other members of your immediate family or, within reasonable limits, sharing and participating in One Body & Soul PT 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 One Body & Soul PT.
c) You must not use, share, post or re-post One Body & Soul PT 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 One Body & Soul PT.
5. PRIVACY AND MARKETING
a) One Body & Soul PT 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 One Body & Soul PT, you accept that any comments or posts you make will be visible to all members of One Body & Soul PT. 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 One Body & Soul PT group.
b) You accept that One Body & Soul PT may re-post One Body & Soul PT 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 One Body & Soul PT.
c) One Body & Soul PT 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 One Body & Soul PT, or photos you publish in One Body & Soul PT 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 One Body & Soul PT forums without the express written consent of One Body & Soul PT.
6. CANCELLATION, SUBSCRIPTION SERVICES AND REFUNDS:
One Body & Soul PT reserves the right to change the price of subscription. Under these circumstances One Body & Soul PT will give all clients one month notice, via email.
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 One Body & Soul PT into disrepute.