Terms + Conditions
You should read these Terms carefully before signing up to Our Services. By subscribing to Our Services or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
1. Physical exercise can be strenuous and subject to risk of serious injury accordingly, Key Fitness Academy recommends that you obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any enhancement products are entirely your responsibility and you should consult a physician or other expert practitioner as the case may be prior to undergoing any dietary or food supplement programme or changes. You further hereby agree that you are participating in these activities of your own volition and initiative and that by using the advice of Key Fitness Academy, you hereby acknowledge and assume all risks of injury, illness, or death.
2. You acknowledge that you have carefully read these terms and conditions and fully understand that they include and incorporate a comprehensive and binding release of liability by you in respect of Key Fitness Academy and its employees, directors, officers and any appointed or contract trainer(s) and/or instructor(s). Under the terms herein, you expressly agree to release and discharge the said trainer(s) and/or instructor(s) (and/or employees, directors or officers of Key Fitness Academy) from any and all claims or causes of action and you agree to give up, release or waive any right that you may otherwise have to bring any such legal action against the trainer(s) and/or instructor(s) (and/or employees, directors or officers of Key Fitness Academy) for personal injury or property loss or damage.
3. For the avoidance of doubt, to the extent lawfully permitted, the release and waiver set out in clause 2 above includes any action under the tort of negligence (whether such negligence is founded in statute, common law or otherwise).
4. If any portion of this release from and waiver of liability shall be deemed by a Court of competent jurisdiction to be invalid, then you agree that the clauses and provisions of these terms and conditions and this contract are severable where permitted and that the remainder of this release from and waiver of liability shall remain in full force and effect and the offending provision or provisions shall be severed here from accordingly.
5. Results from our online personal training and nutritional advice will vary and we cannot guarantee an exact or specific outcome.
6. Subject always to the provisions of clause 7, once the package for the online academy has been paid for, you agree that such payment is non-refundable.
7. Your online Academy package automatically rolls on at a monthly, three monthly or yearly depending which package has been selected (as set out on the Key Fitness Academy website – https://keyfitnessacademy.com) and you agree to this roll out until such a time as you decide to cancel. You have a right to cancel your subscription anytime and you do not have to provide a reason – to do so simply cancel your paypal or direct debit via your bank.
8. It is your responsibility to upload your weekly check-in weight, photos and steps. Your account will be automatically set to ‘Yes’ for shares of weight data, before and after photos along with sending you weekly email reminders. If you do not wish to share this data or receive these emails, you must opt out by selecting ‘No’ in the personal account Preferences.
9. Using Our Sites;
- Our Sites are intended for your personal and non-commercial use only. You agree that you are solely responsible for: all costs and expenses you may incur in relation to your use of Our Sites; and keeping your password and other account details confidential.
- Our Sites follow the guidelines of UK law. If you choose to access Our Sites from locations outside of the UK, you are responsible for compliance with local laws where they are applicable.
- We seek to make our Academy as accessible as possible. If you have any difficulties using our Academy, please contact us.
- While we try to make sure that our Academy is available for your use, we do not promise that the sites are available at all times nor do we promise the uninterrupted use by you of our sites.
- We may prevent or suspend your access to the Academy if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
- Our Sites contain information, text, images, sounds, photos, videos, ideas, recipes and other material (collectively referred to as ‘Content’) that belongs to us and/or our licensors. Such Content may contain intellectual property rights. Intellectual property rights mean’s rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We (and our licensors) reserve all of our (and their) rights in any intellectual property in connection with these Terms. This means, for example, that we (and they) remain owners of them and free to use them as we (and they) see fit.
- Nothing in these Terms grants you any legal rights in Our Sites other than as necessary to enable you to access Our Sites. You agree not to adjust to try to circumvent or delete any notices contained on Our Sites (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within Our Sites.
- We have the right to protect our Content and Our Sites. We reserve the right to take legal action against real or suspected infringers of our Content, including but not limited to our Intellectual Property Rights.
- While we try to make sure that Our Sites are secure, Our Sites do consist of pages and private groups set up on Social Media platforms and we cannot guarantee the security of these platforms. We cannot guarantee that any information that you supply will be kept confidential. For that reason, you should not provide us with anything via Our Sites that you regard as confidential, commercially sensitive or valuable.
- While we try to make sure that the Content on Our Sites and Our Sites are accurate, up-to-date and free from bugs, we cannot promise that they will be. Furthermore, we cannot promise that Our Sites will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
- We may suspend or terminate operation of Our Sites or Facebook page at any time as we see fit.
- Our ‘Free Trail’ will last for a total of 7 days, this will be a limited area of access. Once that trial has ended you will not be able to register with the same email address. By registering with the free trial you allow us to obtain your email address for any future offers and correspondence.
10. Data Processing
- Definitions :–
- Data Protection Legislation: the General Data Protection Regulation 2018 (“GDPR”) as amended or updated from time to time, or any successor legislation.
- Personal Data: any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
- For the purposes of the Data Protection Legislation, the customer is the data controller and Key Fitness Academy is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
- Key Fitness Academy shall, in relation to any Personal Data processed in connection with the performance by us of our obligations:-
- process that Personal Data only on the written instructions of the Customer;
- ensure that it has in place appropriate technical and organisational measures (that can be reviewed and approved by the Customer at the Customer’s request), to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
- ensure that only those individuals that need to access or process Personal Data will have access to and/or process Personal Data and those individuals are and will continue to be obliged to keep the Personal Data strictly confidential in compliance with the Data Protection Legislation;
- assist the Customer, at the Customer’s request and reasonable cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
- notify the Customer and the Information Commissioner’s Office (“ICO”) without undue delay (and in any event in compliance with the required timescales set out in the Data Protection Legislation) on becoming aware of a Personal Data breach; and
- at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by the Data Protection Legislation to store the Personal Data.
- You hereby consent to Key Fitness Academy appointing PayPal or Stripe as a third-party processor of Personal Data under this agreement. Key Fitness Academy confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement substantially on that third party’s standard terms of business, but in any event, that such terms will ensure compliance by the third party with the Data Protection Legislation.
12. Key Fitness Academy reserves the right to use any “before and after” imagines within promotional materials, both web-based and offline and, accordingly, you hereby consent to such usage.
13. Upon signing up to our online coaching services at Key Fitness Academy, you’ll be also placed onto our mailing list in order to keep you notified of any company changes, events and new content information. You have the right to opt out at any time to this list.
14. The information and advice provided by Key Fitness Academy is not that of a medical professional and anybody wishing to follow the advice/programme is required to seek the advice of a qualified medical professional before doing so.
15. These terms and conditions are deemed to be accepted and agreed by you upon purchasing Key Fitness Academy services via its website, without signature unless otherwise agreed upon in writing by both parties.
16. These Terms and Conditions and the relationship between you and Key Fitness Academy (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England. Any dispute, controversy, proceedings or claim between you and Key Fitness Academy relating to these Terms and Conditions or the relationship between you and Key Fitness Academy (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.