TERMS OF SERVICE FOR MAMAZ IN MOTION MEMBERSHIP:
All references to “Mamaz in Motion”, “we”, or “our” are references to or include Angela Warren trading as Mamaz in Motion, Angela Warren as the owner and founder of Mamaz in Motion and any staff, substitute instructors or other persons providing live fitness workouts for or on behalf of Mamaz in Motion.
The following sets out the terms and conditions for use of the Mamaz in Motion website, facebook pages and the use of our online live-streamed or pre-recorded fitness videos.
By clicking “I accept” or accessing and participating in our workouts, you agree to be personally bound by these terms of service and you warrant that you are at least 18 years of age.
You shall comply with all United States laws and regulations and understand that in the unlikely event that a claim was to be filed against Mamaz in Motion, it must be filed through a US court.
1. MAMAZ IN MOTION MEMBERSHIP ENTITLES YOU TO THE FOLLOWING:
a. After accepting our terms of service and paying the membership fee, the participant shall be given membership access to the Mamaz in Motion private facebook page, and live workout sessions for the period covered by the membership fee.
b. Angela Warren will (subject to the conditions listed below) provide participants with five fitness workouts per week compliant with the weekly published schedule of days and times on our website.
2. ALTERNATIVES TO LIVE-STREAM WORKOUTS
a. If for any reason the minimum number of fitness sessions cannot be provided in any week, Mamaz in Motion reserves the right to substitute a live workout session with a pre-recorded workout.
b. Every effort will be made to ensure all live workouts proceed at the pre-scheduled time, technical difficulties or internet connection issues may at times mean that workouts may commence later than the published start time.
c. In the event of illness or injury, Mamaz in Motion may arrange for a substitute coach to provide a live-streamed fitness workout in substitution for Angela Warren.
d. Mamaz in Motion reserves the right to amend the scheduled days and times of the live-streamed workout sessions at any time.
3. PARTICIPANTS AGREE TO THE FOLLOWING CONDITIONS FOR PARTICAPATION:
By participating in Mamaz in Motion workouts or in online discussions between us and you, or generally among Mamaz in Motion members you expressly acknowledge and accept that:
a. You are solely responsible for ensuring you have a sufficient degree of fitness and physical capability to participate in this high intensity exercise format. Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise you own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
b. Our intent is NOT to replace any relationship that exists, or should exist, between you or your Medical Provider. All Mamaz in Motion clients agree that they have consulted with their physician or health care provider prior to participating in their first workout and confirm that they have received express permission for their doctor (OBGYN) to resume exercise. You promise to always carry all needed medical insurance to cover any possible injury or medical emergency that may result during or after a workout. Professional advice must be sought, in particular if you have special dietary needs, preexisting injuries, surgeries, physical disabilities or health conditions.
c. If experiencing any unusual pain or discomfort during any Mamaz in Motion workout session’s participants should cease the workout immediately and seek advice from a medical professional.
d. You agree at all times to defend, indemnify and to hold Angela Warren or any substitute coach harmless for any harm, accident, injury, loss, damage or death that occurs during or after a workout. You absolve us of any liability or loss that you, your family and/or children or any other person may incur during or after a workout. Mamaz in Motion 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. Mamaz in Motion can not be held liable for any amounts in excess of the fees paid to Mamaz in Motion for the 12 months leading up to the event giving rise to the claim.
e. You agree to not share workouts with anyone outside of your immediate family, that includes sharing videos from our private facebook page and/or providing others with access to your personal facebook account.
f. Angela Warren, founder of Mamaz in Motion is not a qualified nutritionist, therapist or medical practitioner, and does not hold out herself or any other person participating in Mamaz in Motion to have qualifications in any of these areas. While some general guidance or discussion may be provided within Mamaz in Motion facebook groups on topics touching on these areas, you accept that Angela Warren and other members are not claiming to provide professional services or advice in any of these areas. Mamaz in Motion does not purport to endorse the comments or advice of other members or its accuracy or completeness. You accept full responsibility for the consequences of your use, or non-use, of any information provided by us through any means whatsoever.
g. Mamaz in Motion does not provide any warranties or guarantees (expressed or implied) as to the effectiveness of any techniques or any specific result from participation in the workout sessions.
4. PRIVACY, MARKETING AND INTELLECTUAL PROPERTY RIGHTS
a. Because of the online nature of Mamaz in Motion you accept that other members may re-post Mamaz in Motion forums and that this shall not constitute a breach of your privacy.
b. We take every precaution to protect our users’ information. However, due to the nature of the internet, we cannot completely ensure or warrant the security of any information transmitted to us. Submitting information is done at your own risk. We make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
c. By participating in Mamaz in Motion, you accept that any comments or photos you post will be visible to all members of Mamaz in Motion and may be visible to other facebook users outside of the Mamaz in Motion group.
d. Should we wish to use any specific information about you, including posts about your personal experience in Mamaz in Motion, or photos you publish as part of any wider online promotional or marketing activities, we will seek your permission.
e. Members and third parties are not permitted to advertise or promote their products or services on Mamaz in Motion forums without the express written consent of Mamaz in Motion.
f. The name “Mamaz in Motion”, content, layout, design, and graphics as well as all live streamed or uploaded recordings of workout videos produced by Mamaz in Motion on our website are protected by United States intellectual property laws. You must not use Mamaz in Motion material to promote other services or products in any other forum, whether online or otherwise, without the express written permission of Mamaz in Motion.
5. CANCELLATION AND REFUNDS:
If you decide to cancel your membership, you expressly acknowledge and accept that:
a. You are required to give one week notice of the cancellation of your membership by emailing firstname.lastname@example.org.
b. Mamaz in Motion has the full right to suspend access the facebook group featuring workout videos as a result of late payment.
c. Participants with a monthly subscription shall not be entitled to a refund of the membership subscription for the first month, irrespective of the reason for or timing of the cancellation.
d. If a refund is granted, you agree that the amount refunded will be the amount paid minus any credit card processing fees.
We may cancel your membership with immediate effect, if:
a. You breach clause 4.e or 4.f; or
b. You otherwise breach the terms or service or commit an act that brings, or could bring the reputation of Mamaz in Motion into disrepute.
c. In the event we cancel your membership in accordance with these terms and conditions, refunds will be at the sole discretion of Mamaz in Motion
d. Although highly unlikely, we reserve the right in our sole discretion to refuse or terminate your access to the facebook group at any time, for any reason or for no reason, without notice.