Terms of service

Terms & Conditions

Introduction

Welcome to keepfitwomen.com. This website is owned and operated by 2682690 Ontario Inc.. 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 November 20, 2020.

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 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;

Iiii. Impersonates any person or entity, including any keepfitwomen.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, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of keepfitwomen.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

i. You agree to indemnify and hold harmless keepfitwomen.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

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 keepfitwomen.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. Keepfitwomen.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 keepfitwomen.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of keepfitwomen.com, 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 keepfitwomen.com.

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 keepfitwomen.com from our offices located in the province of Ontario, Canada. It can be accessed by most countries around the world. As each country has laws that may differ from those of Ontario, by accessing our website, you agree that the statutes and laws of Ontario, 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 Ontario, Canada. 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, Keepfitwomen.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 here.

Liability Release Waiver

RELEASE OF LIABILITY AGREEMENT, WAIVER OF CLAIMS,

ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

By agreeing to this document you will waive certain legal rights, including the right to sue.

Please read carefully.

You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.

In consideration of the Releasees accepting my application to participate in the exercise programs and permitting my use of their exercise equipment and premises at KeepFit Women, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby agree, on my behalf and on behalf of any minor children participating in these activities, for whom I am legally responsible, to the following:

Assumption of risks:

  1. I am aware that participating in the exercise programs and use of the exercise equipment offered by KeepFit Women involves many risks, dangers and hazards including but not limited to;

• Injuries from executing strenuous and demanding physical techniques

• Injuries from training including uses of weights, ropes, running and stretching

• Injuries from mats, and other surfaces including bacterial infections and rashes

• Injuries from collision with walls and equipment

• Injuries resulting from failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment

• Spinal cord injury which may render me permanently paralyzed

• Injuries from physical exertion which may result in heat stroke

• Injuries from contact, colliding or being struck by other participants, spectators or equipment.

• Injuries resulting from vigorous physical exertion an strenuous cardiovascular workouts

• Injuring from exercising and stretching various muscle groups

Furthermore I am aware;

  • That injuries sustained in any exercise programs or by use of exercise equipment can be severe
  • that I may come in close contact with other participants, including the possibility of accidental and unexpected contact
  • That I may experience anxiety while challenging myself during the activities
  • That my risk of injuries may be reduced by following the rules odopted by KeepFit Women; and
  • My risk of injury increases as I become fatigued.
  1. To accept and fully assume all such risks, dangers and hazards resulting from my participation in the exercise programs, the use of the exercise equipment at KeepFit Women and my presence on the premises and the possibility of personal injury, death, property damage or loss resulting therefrom.
  1. To accept and fully assume all responsibility for any personal or real property damage caused as a result of my participation in the exercise programs, the use of the exercise equipment at KeepFit Women and my presence on the premises.
  1. To waive any and all claims that I have and that my child may have, if applicable, in the future against the Releasees and to release the Releasees from any and all liability or responsibility whatsoever for any loss, personal injury, property damage, expense or wrongful death that I may suffer, however caused, including, but not limited to, the negligence of the Releasees, whether active or passive, resulting either directly or indirectly from my use of the facilities, the equipment or my presence on the premises.
  1. To hold harmless and indemnify the Releasees from any claims or demands resulting from any property damage or personal injury to any third party, including any children in the unsupervised play area, which may be made against the Releasees resulting from my participation in the exercise programs and use of the exercise equipment at KeepFit Women and my use of the premises and facilities.
  1. That this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, beneficiaries, assigns and personal representatives, in the event of my death or incapacity.
  1. That any personal property placed in the premises, or in any other portion of the property in which the premises is located, shall be at my sole risk or at the risk of the parties owning same, and the Releasees shall in no event be liable for the loss, destruction, theft or other damage to such property whether caused by or resulting from the negligence of the Releasees.
  1. That this agreement shall be governed and interpreted in accordance with the laws of the Province of Ontario and that any litigation involving the parties to this agreement shall be brought within the Province of Ontario.
  1. That I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the exercise programs and the use of the exercise equipment at

KeepFit Women other than what it is set forth in this Agreement.

10. Special Limitation of Liability During the Coronavirus/COVID-19 Pandemic

KeepFit Women takes the Coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, despite our best efforts, KeepFit Women cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19 or another virus or infectious disease (a “Communicable Disease”). It is possible that attending classes, events, and/or activities with KeepFit Women may place you in close physical contact with other members, attendees, and staff and could increase the risk that you, your family members, and/or your guests contract a Communicable Disease. You acknowledge the contagious nature of Contagious Disease’s and voluntarily assume the risk that you, your family members, and/or your guests may be exposed to or infected by a Communicable Disease at a KeepFit Women class and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand that the risk of becoming exposed to or infected by a Communicable Disease at a KeepFit Women class may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, KeepFit Women employees and members.

11. Release for use of images

I  hereby  grant  to  KeepFit, its  subsidiaries,  licensees,  successors  and  assigns,  a perpetual royalty free global license   to  use,  publish,  and  reproduce,  for  all  purposes,   pictures  of  me in  film  or  electronic  (video)  form,  sound  and  video  recordings  of  my  voice,    in  any  and  all  media  including,  without  limitation,  cable  and  broadcast  television  and  the  Internet,  and  for  exhibition,  distribution,  promotion,  advertising,  sale,  press  conferences,  meetings,  hearings,  educational  conferences  and  in  brochures  and  other  print  media.  This  permission  extends  to  all  languages,  media,  formats  and  markets  now  known  or  hereafter  devised.

www.KeepFitWomen.com

I acknowledge that I have read and understand this Agreement. Upon purchasing a KeepFit Women program, I acknowledge that I am agreeing to assume all risk of injury, loss or damage with respect to my use of the facilities and premises and my participation in the exercise programs at KeepFit Women, and that I am waiving any and all claims arising from any cause whatsoever against the Releasees, on behalf of myself and my heirs, successors and assigns, and that I will indemnify the Releasees if any such claims are brought against them by third parties.


In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/550c20/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/550c20/privacy_policy).

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at info@keepfitwomen.com.