By purchasing this program and agreeing to these Terms & Conditions you are entering a binding contract. In these Terms & Conditions, “Lyndsey Parkinson Fitness” refers to Lyndsey Parkinson Fitness and any associated companies (together, the “Company”, “we”, “us” or “our”). By accepting these Terms & Conditions you agree to the following:
Participation and health
You agree to participate in the chosen Lyndsey Parkinson Fitness program for a minimum of 8 weeks. You acknowledge and warrant to Lyndsey Parkinson Fitness and any associated companies that you are in good health and that you are not aware of any physical or medical reasons that will endanger your health when participating in any of the services provided by Lyndsey Parkinson Fitness and any associated companies.
You agree to notify Lyndsey Parkinson Fitness in writing of any conditions as soon as practical after being made aware of such conditions.
Prior to purchasing the program and agreeing to these Terms & Conditions, you have consulted (if necessary) with medical professionals to determine if this program is right for you and your circumstances.
General nature of guidance
You agree to adhere to these Terms & Conditions and any other professional documentation provided to you, but understand that any information (training guides, nutritional guidelines, and others) may be general in nature and is not completely individualised. You understand and agree that you may need to seek professional medical and nutritional advice from a suitably qualified individual to make sure that this program is right for you, and that doing so is your responsibility. You will not hold Lyndsey Parkinson Fitness or any associated companies liable or responsible for any illness, injury or damages caused by your participation in the program.
No guarantee of results
You agree and understand that Lyndsey Parkinson Fitness and any associated companies do not guarantee specific results or outcomes in association with the provision or terms of the services provided by Lyndsey Parkinson Fitness and any associated companies.
Assumption of risk
You agree and understand that there are risks associated with participating in the services provided by Lyndsey Parkinson Fitness and any associated companies, and you are aware that there is a high degree of effort and intensity required. The program is designed to challenge your cardiovascular endurance, strength, flexibility, speed, agility, co-ordination and balance. You assume full responsibility for understanding how to conduct the relevant exercises and to do so safely and in a safe environment.
You agree to assume full responsibility for any personal injury to yourself during the program and release and discharge Lyndsey Parkinson Fitness and any associated companies for any injury, loss or damage arising out of your participation in the services provided, whether caused by yourself, Lyndsey Parkinson Fitness and associated companies, or a third party. You also agree to waive any claims now or in the future against Lyndsey Parkinson Fitness and any associated companies.
Limitation of liability
To the extent applicable by law: Lyndsey Parkinson Fitness and any associated companies will not be liable to you for any indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the services or other aspects related thereto or in connection with these Terms & Conditions; and the aggregate liability of Lyndsey Parkinson Fitness and any associated companies for any direct claim in any way connected with, or arising from, the services provided or these Terms & Conditions, whether in contract, tort or otherwise (including any negligent act or omission), will be limited to the amount paid by you to Lyndsey Parkinson Fitness or an associated company during the term.
Governing law
You agree that these Terms & Conditions and any rights, duties and obligations as between the parties to these Terms & Conditions shall be governed by and interpreted solely in accordance with the laws of Victoria, Australia, and no other jurisdiction.
Confidentiality and privacy
We respect your privacy and you must also respect the privacy of fellow participants of the program. All information, ideas, achievements, and challenges (collectively, “Confidential Information”) must be considered confidential, and you must respect the same rights of fellow participants of the program and of Lyndsey Parkinson Fitness and any associated companies. Thus, you agree:
(a) That any Confidential Information shared by participants of the program or any representative of Lyndsey Parkinson Fitness and any associated companies is confidential and proprietary, and any such Confidential Information belongs solely and exclusively to the party who discloses such information.
(b) Not to disclose such information to any other person or use it in any manner other than in discussion with other participants of the program during the program sessions.
(c) That all materials and information provided to you by Lyndsey Parkinson Fitness and any associated companies are confidential and proprietary intellectual property which belongs solely and exclusively to Lyndsey Parkinson Fitness and any associated companies, and may only be used by you as authorised in writing by Lyndsey Parkinson Fitness.
(d) That if you violate, or display any likelihood of violating, any of the sections contained in this paragraph or referenced in this Agreement, Lyndsey Parkinson Fitness and any associated companies and/or other participants of the program will be entitled to injunctive relief against you for any such violations. A breach of any of the promises or agreements contained herein will result in irreparable and continuing damage to Lyndsey Parkinson Fitness and any associated companies for which there will be no adequate remedy at law, and Lyndsey Parkinson Fitness and any associated companies shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate). While you are free to discuss your individual results from this program or any other Lyndsey Parkinson Fitness program or training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.
Results guarantee and refund
Lyndsey Parkinson Fitness and any associated companies pride themselves on incredible client results, as demonstrated and proven by current and past clients. If you adhere to the guidelines and have reached the entire 12 week program without satisfaction, then Lyndsey Parkinson Fitness will refund 50% of your payment. Adherence is defined as:
- 90% adherence inside the My PT Hub app and/or platform at the current time. This includes logging workouts, completing check-ins every week, and reading and watching the resources available.
- 90% completion of the food diary process via WhatsApp with full honesty.
Intellectual property and non-compete
Any guidelines and resources provided to you are for your use only. By purchasing this program you agree that you will not reproduce, resell, or distribute them to any other parties. You acknowledge that doing so is an infringement of this agreement and that legal action may be taken. This is not limited to the resources and guides, but also to any correspondence or video links provided to you and any other material. You also agree that, by purchasing this program, you will not within the next 24 months create an online course that could be considered similar to, or confused with, Lyndsey Parkinson Fitness programs or courses. You understand that doing so could result in legal action.
Termination
I understand that should I breach any of these Terms & Conditions, or throughout the working relationship, Lyndsey Parkinson Fitness and any associated companies have the right to terminate this contract.
By purchasing this program, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE ABOVE, and it is considered binding.