Terms and Conditions of Ruth Wilkinson Fitness Membership

 

• All references to “Ruth Wilkinson Fitness”, “We”, or “Us” or “Our” are references to or include Ruth Wilkinson trading as Ruth Wilkinson Fitness, Ruth Wilkinson as the principal and founder of Ruth Wilkinson Fitness, and any staff, contractors or other persons providing live-streamed fitness workouts or other authorised services for or on behalf of Ruth Wilkinson Fitness.
• Users of Ruth Wilkinson Fitness 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 Ruth Wilkinson Fitness website, Facebook page and the use of recorded fitness programs or online live-streamed fitness programs of Ruth Wilkinson Fitness.
• These terms and conditions are governed by the laws of New Zealand.
• By purchasing a membership and and accessing and participating in 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 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 Ruth Wilkinson Fitness.

 

1. WHAT RUTH WILKINSON FITNESS 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 and access to the following, depending on the membership level they have subscribed to and paid for:

i. Bronze Membership – access to Bronze Membership area only of the Ruth Wilkinson Fitness website which includes access to monthly Recipe Pack and nutrition resources;

ii. Silver Membership – access to the closed Facebook group only where all workouts are located and four new workouts each week are provided;

iii. Gold Membership – access to the closed Facebook group where all workouts are located and four new workouts each week are provided, and access to the Gold Membership area of the website, which includes workouts, all past Challenges, monthly Recipe Pack, nutrition resources, nutrition programs,

for the period covered by the membership fee, which shall be for the paid monthly subscription.

b. Ruth Wilkinson, principal of Ruth Wilkinson Fitness, will (subject to the variations set out below) provide Silver and Gold members with four pre-recorded 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 Ruth Wilkinson Fitness. 

 

2. VARIATIONS TO SCHEDULED PRE-RECORDED WORKOUTS:

a. In the event of illness or injury, Ruth Wilkinson Fitness reserves the right to substitute a pre-recorded session with a previous fitness session.

b. While all efforts will be made to ensure all workouts are published at the pre-scheduled time, technical difficulties or internet connection issues may at times mean that workouts may be uploaded later than the published start time.

c. Ruth Wilkinson Fitness reserves the right to amend the scheduled days and times of the pre-recorded workout sessions.

 

3. CONDITIONS OF PARTICIPATION IN RUTH WILKINSON FITNESS WORKOUTS:

By participating in Ruth Wilkinson Fitness workouts or in discussions between us and you, or generally among Ruth Wilkinson Fitness members, you expressly acknowledge and accept that:

a. Ruth Wilkinson, principal of Ruth Wilkinson Fitness is not a qualified nutritionist or medical practitioner, and does not hold out herself or any other person participating in Ruth Wilkinson Fitness to have qualifications in any of these areas.  While some general guidance or discussion may from time to time be provided within Ruth Wilkinson Fitness forums on topics touching on these areas, you accept that Ruth Wilkinson, Ruth Wilkinson Fitness employees, contractors and other members are not purporting to provide professional services or advice in any of these areas. Ruth Wilkinson 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 needs, physical disabilities or health conditions.

b. The fitness workouts provided by Ruth Wilkinson Fitness follow the HIIT (High Intensity Interval Training) Format along with resistance training sessions. You are solely responsible for ensuring you have a sufficient degree of fitness and physical capability to participate in these exercise formats, and/or to seek professional advice from a medical professional if you are unsure.

c. Participants who are inexperienced in HIIT or strength training who are beginning with a low level of personal fitness are encouraged and recommended to start with the Beginner Workout Sessions provided by Ruth Wilkinson Fitness and to seek advice from Ruth Wilkinson Fitness or a qualified personal trainer if unsure how to carry out any HIIT exercises correctly.

d. Members who are pregnant or at post-partum stage participate in Ruth Wilkinson Fitness fitness workouts at their own risk. It is recommended that such members should seek professional medical advice and exercise clearance before participating in Ruth Wilkinson Fitness workouts, including pregnancy specific fitness workouts. While some general guidance or discussion may be provided in pregnancy workouts, you accept that Ruth Wilkinson, Ruth Wilkinson Fitness employees or contractors, and other members are not purporting to provide professional services or advice in any of these areas. Ruth Wilkinson 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, particularly if you are pregnant or post-partum.

e. Ruth Wilkinson Fitness 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 Ruth Wilkinson Fitness workout sessions participants should cease the workout and seek advice from a medical professional or physiotherapist before continuing with Ruth Wilkinson Fitness workouts.

g. Ruth Wilkinson Fitness 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 Ruth Wilkinson 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 Ruth Wilkinson Fitness 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 Ruth Wilkinson Fitness workouts and associated intellectual property as set out in Clause 4.

 

4. CONDITIONS OF, AND RESTRICTIONS AGAINST, USE OR SHARING OF RUTH WILKINSON FITNESS WORKOUTS AND MATERIAL, AND ASSOCIATED INTELLECTUAL PROPERTY

a. The name “Ruth Wilkinson Fitness”, The “Ruth Wilkinson Fitness” Logo, and all live streamed or uploaded recordings of workout videos produced by Ruth Wilkinson Fitness are the intellectual property of Ruth Wilkinson trading as Ruth Wilkinson Fitness and may not be used in any manner that constitutes a breach of our intellectual property rights, unless expressly permitted by Ruth Wilkinson Fitness.

b. All Ruth Wilkinson Fitness pre-recorded or live workouts are for your personal use. Ruth Wilkinson Fitness authorises within the meaning of personal use, sharing and participating in Ruth Wilkinson Fitness workouts with other members of your immediate family or, within reasonable limits, sharing and participating in Ruth Wilkinson 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 Ruth Wilkinson Fitness.  

c. All Ruth Wilkinson Fitness nutrition resources are intended only for your personal use and must not be shared with anyone outside of your immediate family.

d. You must not use, share, post or re-post Ruth Wilkinson Fitness 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 Ruth Wilkinson Fitness. 

 

5. PRIVACY AND MARKETING

a. Ruth Wilkinson Fitness is an online forum, with workouts being uploaded into the closed Facebook group and into the Gold Membership area of the Ruth Wilkinson Fitness website, and members are able to post comments and share photo’s within the group. By participating in Ruth Wilkinson Fitness, you accept that any comments or posts you make will be visible to all members of the closed Facebook group. 

b. You accept that Ruth Wilkinson Fitness may re-post Ruth Wilkinson Fitness 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 Ruth Wilkinson Fitness.  

c. Ruth Wilkinson Fitness 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 Ruth Wilkinson Fitness, or photos you publish in Ruth Wilkinson Fitness 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 Ruth Wilkinson Fitness forums without the express written consent of Ruth Wilkinson Fitness.

 

6. CANCELLATIONS AND REFUNDS

If you decide to cancel your membership, you expressly acknowledge and accept that:

a. Cancellations for Bronze and Gold Memberships must be done by you, by logging into the members area of the Ruth Wilkinson Fitness website.

b. Silver Membership cancellations are to be done via email request. You are required to give one week notice of the cancellation of your membership by emailing [email protected], which shall cease at the end of that notice period. If you do not wish to be charged another monthly fee for your membership, you must make sure that you email us at least one week out from when your membership will be charged.

c. You 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 Ruth Wilkinson Fitness into disrepute.

In the event we cancel your membership in accordance with these terms and conditions, refunds will be at the sole discretion of Ruth Wilkinson Fitness.

 

Effective date: 15 September 2020

 

Contact Us

If you have any questions, concerns or complaints about these Terms and Conditions, please contact us:

• By email: [email protected]