Terms and Conditions
Welcome to www.fitcoachdom.com. This website is owned and operated by Fit Coach Dom, a certified personal trainer and fitness coach. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
This agreement is in effect as of Jan 22, 2024.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post,
share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory,
abusive,
harassing,
degrading,
intimidating,
fraudulent,
deceptive,
invasive,
racist,
or contains any type of suggestive,
inappropriate,
or explicit language;
ii. Infringes on any trademark,
patent,
trade secret,
copyright,
or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity,
including any www.fitcoachdom.com employees or representatives.
We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement,
along with any content that we feel is otherwise offensive,
harmful,
objectionable,
inaccurate,
or violates any 3rd party copyrights or trademarks.
We are not responsible for any delay or failure in removing such content.
If you post content that we choose to remove,
you hereby consent to such removal,
and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website.
However,
by posting content using any open communication tools on our website,
you grant us a non-exclusive,
worldwide,
royalty-free,
transferable license
to use,
reproduce,
distribute,
prepare derivative works of,
display,
and perform the information and/or content (in whole or part) that you post.
This includes without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels.
You also grant us the right to sub-license these rights,
and the right to bring an action for infringement of these rights.
i. By using our website,
you understand and agree that all Resources we provide are "as is" and "as available".
This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted,
timely,
secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable,
and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore,
you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk,
and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice,
whether expressed,
implied,
oral or written,
obtained by you from www.fitcoachdom.com or through any Resources we provide shall create any warranty,
guarantee,
or conditions of any kind,
except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Www.fitcoachdom.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on www.fitcoachdom.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Fit Coach Dom, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Fit Coach Dom.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law
This website is controlled by Fit Coach Dom from our offices located in the state of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, California You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, WWW.FITCOACHDOM.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Fit Coach Dom
Informed Consent Form
I hereby consent to voluntarily engage in an acceptable plan of personal fitness training. I also give consent to be placed in personal fitness training program activities which are recommended to me for improvement of aerobic fitness muscular strength/endurance flexibility body composition cardiovascular health wellness coaching nutrition coaching stress management coaching lifestyle coaching weight management coaching health risk factor reduction post-rehabilitation conditioning injury prevention special medical needs other (please specify).
I understand there exists the possibility of adverse changes during an exercise program. I have been informed that these changes could include abnormal blood pressure heart arrhythmia stroke heart attack other (please specify).
I have been informed that these changes could include abnormal blood pressure heart arrhythmia stroke heart attack other (please specify).
I have been informed that there exists the risk of bodily injury including but not limited to injuries to the muscles ligaments tendons joints heart other (please specify).
I do hereby consent and agree to assume responsibility for all risks associated with my participation in the personal fitness training program and for any injury or illness that may occur as a result of my participation. I also understand that I am free to withdraw from the program at any time without penalty.
I have read this informed consent form carefully and understand its contents. I acknowledge that I have had the opportunity to ask questions and have them answered to my satisfaction. I agree to abide by the rules and regulations of the personal fitness training program and follow the instructions of the personal fitness trainer.
I hereby affirm that I am in good physical condition and do not suffer from any disability or medical condition that would prevent or limit my participation in the personal fitness training program. I also certify that I have had a recent physical examination and have been cleared by my physician to engage in physical activity.
By using this website and it's resources, I express my consent to participate in the personal fitness training program and release the personal fitness trainer, the facility, and any other associated parties from any liability for any injury or illness that may occur as a result of my participation.
Signature: _________________________________ Date: _______________
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