Terms and Conditions
By purchasing my services, you accept that the Terms and Conditions set out hereunder represent a legally binding contract between yourself and CDN Fitness Solutions.
1. Physical exercise can be strenuous and subject to risk of serious injury. Accordingly, CDN Fitness Solutions 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 CDN Fitness Solutions, 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 CDN Fitness Solutions. 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 CDN Fitness Solutions) 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 CDN Fitness Solutions 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 my online personal training and nutritional advice will vary and I cannot guarantee an exact or specific outcome.
6. Subject always to the provisions of clause 7, once the first package and any deposit for online coaching has been paid for, you agree that such payment is non-refundable. You also accept that upon signing our t and c’s the 14 day ‘cooling off’ period does not apply once you have received the ‘goods’ and access to our intellectual property. You also accept that we require 4 weeks notice of any cancellation to our services.
7. It is your responsibility to send your weekly check-in and maintain contact with me. If I do not hear or receive check-ins from you, I’m not obliged to follow up with or chase you.
8. CDN Fitness Solutions money-back guarantee is commitment dependent. If you have followed all training, nutrition and supplement advice, as well as checking in with a full update every week over 90 days and not achieved a 5% loss of weight from your starting weight, CDN Fitness Solutions will refund your entire 3 months payment and continue working with you for free until you achieve this. To qualify for the money back guarantee you must have 100% step adherence, 100% nutrition tracking, hit 100% of all scheduled workouts, have a check in adherence of 100% and have proof of all of the above. All of the above must be 100% adherence every single day.
9. 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 CDN Fitness Solutions is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
CDN Fitness Solutions shall, in relation to any Personal Data processed in connection with the performance by me of my obligations:-
(a) process that Personal Data only on the written instructions of the Customer;
(b) 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);
(c) 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;
(d) 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;
(e) 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
(f) 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 CDN Fitness Solutions appointing CDN Fitness Solutions as a third-party processor of Personal Data under this agreement. CDN Fitness Solutions 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.
11. CDN Fitness Solutions 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.
12. Upon signing up to our online coaching services at CDN Fitness Solutions 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.
13. The information and advice provided by CDN Fitness Solutions 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.
14. These terms and conditions are deemed to be accepted and agreed by you upon purchasing CDN Fitness Solutions services via its website, without signature unless otherwise agreed upon in writing by both parties.
15. These Terms and Conditions and the relationship between you and CDN Fitness Solutions (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 CDN Fitness Solutions relating to these Terms and Conditions or the relationship between you and CDN Fitness Solutions (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.