Holder of www.womanfunctionaltraining.com and its Services
Woman Functional Training® is owned by Babrouskaya Yauheniya Aliaksandrauna.
“BABROUSKAYA YAUHENIYA ALIAKSANDRAUNA” incorporated under the laws of Portugal, registered in the under fiscal code 303422831, with head office at Rua 5 de Outubro, 91, 9000-216 Funchal, (hereafter “Evgenia Babrovskaia” or “Coach”).
Users (Client) who use the services offered by Babrouskaya Yauheniya Aliaksandrauna declare to know and accept these Terms and Conditions.
In order to maximize progress, it will be necessary for you to follow program guidelines during supervised and (if applicable) unsupervised training days. During your exercise program, every effort will be made to assure your safety. However, as with any exercise program, there are risks, including increased heart stress and the chance of musculoskeletal injuries. In volunteering for this program, you agree to assume responsibility for these risks and waive any possibility for personal damage. You also agree that, to your knowledge, you have no limiting physical conditions or disability that would preclude an exercise program. The client must file a medical report, signed by doctor authorized to practice according to the laws of is country, attesting that the client is fully capable to do physical training. By signing below, you accept full responsibility for your own health and well-being and you acknowledge an understanding that no responsibility is assumed by the leaders of the program.
General Terms and Conditions
· Agreements are available from the moment that the client begins the program up to when he finish it.
· Payment of the service purchased is executed totally when the client buy it before entering the service.
· The services purchased will be On-Site or On-line depending on which option the client chose.
· Online Educational Training o There must be at least 10 (ten) people signed up for an Online Training, for that session to remain scheduled. Otherwise the client will receive a credit to use for another service.
Method of payment
Babrouskaya Yauheniya Aliaksandrauna uses also third-party instruments for processing payments and does not in any way come into contact with payment data provided, such as those relating to the credit/debit card details or paypall.
Availability of the services
The prices, descriptions or availability of the displayed services are subject to change without notice. The photos are indicative and do not guarantee the quality of the products.
Execution of the Order
The Order is executed in the terms specified in the summary page and in the email of Order Confirmation, subject to the availability of the ordered product. The Owner cannot be held liable for damages suffered by the User due to delays in delivery that are not dependent on foreseeable circumstances by the parties at the time of the delivery of the Order Confirmation.
Deliveries shall be made as indicated on the service description pages.
Cancellations and Refunds
· In the event a Client elects to cancel the service purchased, the client will be charged for the full service in the agreement. Otherwise the client will receive a credit to use for another service of the site.
· The right of withdrawal does not apply to service contracts once the execution has begun. This applies to both on-site (face-to-face) and online services providing digital content (training and nutrition programs, training videos) by a non-material medium, once the execution has begun. To this end the platform tracks the navigation of the user from the moment of the purchase of the service in order to monitor the use of the provided services.
· To change the service subscription to a different offering, the client must notify Babrouskaya Yauheniya Aliaksandrauna in writing via email (at firstname.lastname@example.org ) at least 30 days prior to the date of renewal.
· No refunds will be issued for services already rendered.
Babrouskaya Yauheniya Aliaksandrauna reserves the right to offer, also free of charge, Coupon to Users on the occasion of particular promotions or in connection with the purchase of specific services. Where not otherwise stated, the following rules apply to the use of the Coupon. Each Coupon is valid for only one User and can be used only once in accordance with the terms and time limits set out in the instructions on the website and/or accompanying the Coupon. It is not allowed the partial use of the Coupon or the use according to modalities that involve the complete redemption in successive phases. The Coupon must be redeemed exclusively within the specified period for the use of the offer. At the end of this period, the Coupon will expire automatically, without any possibility for the User to make any claim in this regard. If you use the Coupon for services other than those offered in the initial offer, the User will not be entitled to any credit/refund/compensation if there is a difference between the original value of the offer and the value of the redeemed amount. The reproduction, the counterfeiting, the commercial exchange of the Coupon purchased as well as any illegal activity related to the purchase and/or use of the Coupon is prohibited. In case any wrongdoing is committed, the Data Controller may legitimately refuse to fulfill his contractual obligations and expressly reserves the right to take legal action in appropriate courts to safeguard his rights and interests.
Requirements on age
Users declare that they are of age according to the legislation applicable to them. Minors may use Coach’s services only with the assistance of a parent or guardian.
· The Client understands that the Coach is not a doctor.
· The role of the Coach is not to provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, the Coach is a mentor and guide who has been trained in holistic health coaching to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes.
· The Client understands that the Coach is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by the Coach is not meant to take the place of advice by these professionals.
· If the Client is under the care of a health care professional or currently uses prescription medications or prescribed exercises, the Client should discuss any dietary changes, potential dietary supplements use, and exercises with his or her doctor, and should not discontinue any prescriptions without first consulting his or her doctor.
· The Client has chosen to work with the Coach and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
Limitations of Liability
The User expressly disclaims and releases the Owner from any liability, within the limits permitted by applicable law, in relation to any damage or claims of any kind and of any kind and/or third parties including direct damages, indirect, punitive, incidental, special, damages arising from loss of profits, loss of revenue, loss of data or replacement costs arising from or otherwise related to this Agreement. On www.womanfunctionaltraining.com there may be content that dispenses health and/or psychological advice. The User must keep in mind that the health and/or nutritional advice provided on www.womanfunctionaltraining.com must not in any case be considered as personal diagnosis and/or as a substitute for a medical opinion. They, in fact, have an illustrative and informative purpose only and should not be given any didactic validity that can even abstractly encourage the User “to the DIY” and/or to stop and/or modify any medical treatment, including nutritional treatment, in progress.
The release of Liability / Indemnity / Assumption of Risk Section
In consideration of me being permitted to participate in any way in the Personal Training Activities (“Activity”), The client is agree on:
1. I acknowledge that I take full responsibility for my life and well-being, and all decisions made during and after a Health Coaching program. I expressly assume the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes.
2. I understand the nature of Strength & Conditioning or Personal Training activities and believe I am qualified to participate in such Activity. I further acknowledge that I am aware the activity will be conducted at my home or in a studio during the Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
3. I FULLY UNDERSTAND that:
(a) Strength & Conditioning and Personal Training Activities involve risks and dangers of SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“Risks”);
(b) these Risks and dangers may be caused by my own actions, or inaction’s, the actions or inaction’s of others participating in the Activity, the condition in which the Activity takes place, or NEGLIGENCE;
(c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of my Participation in the Activity.
All the Application, figurative or Trade Marks, and all other signs, trade names, service marks, word marks, trade names, illustrations, pictures, logos that appear regarding Babrouskaya Yauheniya Aliaksandrauna are and remain the exclusive property of the Owner or his licensees and are protected by the laws in force on trademarks and related international treaties. The Authors, moreover, expressly declare to have the property and/or full availability and/or to have fulfilled every obligation of law with reference to the intellectual privatives that regard the Material and they miss the Owner from every liability in relation to the illicit dissemination of third-party content.
Uses not allowed
The Service shall be used in accordance with these terms. Users may not: – reverse engineering, decompile, disassemble, modify or create derivative works based on Workshop/Challenge or any portion of it; – circumvent the IT systems used by Coach or its licensees to protect content accessible through it; – copy, preserve, modify, change, prepare derivative works or alter in any way any of the contents provided by Coach; – use any robot, spider, search/search site application, or any other device, process or automatic means to access, retrieve, scrape or index any portion of Workshop/Challenge/Subscription or its contents; – renting, firing or subfiring Workshop/Challenge; – defaming, offending, harassing, harassing, harassing, threatening or otherwise violating the rights (such as the right to privacy and advertising) of others; – disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content; – use Workshop/Challenge/Subscription in any other improper manner that would violate these Terms and Conditions.
Pact of reservation and not competition
Training and educational material related to the service is of exclusive property of Babrouskaya Yauheniya Aliaksandrauna, therefore the same cannot be used by the client for different finality from the direct fruition in order to personal formation. The client hocks him not to divulge, also to only free title non commercial e/o, material and information of which has come in possession from the Coach and not to effect recordings audio video, and not to turn to make to develop to third of it, also through constitution of society, I raced or based seminars on such materials and information, in direct competition and or indirect with the activities developed by the Coach. The ban is valid for 20 years after the purchase of any Coach’s service and only for the whole world. At the time of registration/purchase/use, the customer is obliged to report to the Coach whether he has carried out or is carrying out activities in competition with the Coach directly or on behalf of others. In the event of a breach of even one of the requirements of this Article, the customer is aware that the list price of the Workshop/Challenge/Training is defined considering the non-compete obligation, therefore in case of violation the customer is already obliged to pay the sum of the price list of the training /event as it appeared on the site at the time of registration/purchase, but multiplied by 100 times, or the true list price as it would have been without including the non-compete obligation, subject in any case to compensation for any additional damage. Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of the Coach’s programs and its services without the express permission of the Owner.
The User undertakes to maintain the Owner (as well as any companies controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees) free from any obligation or liability, including any legal costs incurred in defending oneself in court, which may arise in the event of damage caused to other Users or third parties, in relation to content uploaded online, breach of the terms of the law or the terms of these conditions of service.
Amendments to these Terms and Conditions
The Owner reserves the right to make changes to these Terms at any time, giving notice to the User through its publication within www.womanfunctionaltraining.com. The User who continues to use www.womanfunctionaltraining.com after publication of the changes accepts the new Terms without reservation.
Nullity and Partial Invalidity
Should any clause or provision contained in these Terms and Conditions be held by a Court of competent jurisdiction to be invalid, void, or unenforceable, that clause or provision shall be considered null and void and duly omitted, without prejudice to the remaining clauses and provisions that shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
Applicable law and competent court
This Terms and Conditions agreement is governed by the law of Portugal, and in case of all disputes concerning the execution, interpretation, and validity of this contract that cannot be settled amicably, exclusive jurisdiction is conferred on the Portuguese courts. Users agree that the Owner will set venue and jurisdiction of any suit arising from a dispute. An exception is exclusively made in the case of resolution in the Consumer Goods Forum, where the law so provides.
Alternative resolution of disputes
The European consumer declares to be duly informed that the European Commission has established an online platform providing an alternative dispute resolution tool to resolve out of court, in a fair and inexpensive manner, any dispute relating to and/or arising from contracts for the sale of goods and services entered into online. Therefore, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). The Coach is available to answer any questions submitted to the support area published in this document in section “Information about the Holder”.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.