By purchasing my services, you accept that the Terms and Conditions set out hereunder
represent a legally binding contract between yourself and KMAKFITNESS LTD.
- Physical exercise can be strenuous and subject to risk of serious injury. Accordingly,
KMAKFITNESS LTD 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 KMAKFITNESS LTD, you hereby acknowledge and assume all risks of injury,
illness, or death. - 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 KMAKFITNESS LTD. 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 KMAKFITNESS LTD) 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 KMAKFITNESS LTD for personal
injury or property loss or damage. - 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). - 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. - Results from my online personal training and nutritional advice will vary and I cannot
guarantee an exact or specific outcome. - 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. - KMAKFITNESS LTD‘s 30-day 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 in the first 30 days and not progressed at all, KMAKFITNESS
LTD will refund your first payment. - 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. - 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
KMAKFITNESS LTD is the data processor (where Data Controller and Data Processor
have the meanings as defined in the Data Protection Legislation).
KMAKFITNESS LTD 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 KMAKFITNESS LTD appointing Stripe and/or Go Cardless as a
third-party payment processor of Personal Data under this agreement. KMAKFITNESS LTD
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.
- Upon purchasing services with KMAKFITNESS LTD, you hereby agree to a minimum
of a four-month commitment to the services of KMAKFITNESS LTD. - The information and advice provided by KMAKFITNESS LTD 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. - These terms and conditions are deemed to be accepted and agreed by you upon
purchasing KMAKFITNESS LTD services via its link it’s payment link or other relevant
payment methods, without signature unless otherwise agreed upon in writing by both
parties. - These Terms and Conditions and the relationship between you and KMAKFITNESS
LTD (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 KMAKFITNESS LTD relating to these Terms and Conditions or the
relationship between you and KMAKFITNESS LTD (whether contractual or otherwise)
shall be subject to the exclusive jurisdiction of the courts of England.