Online Training, including The Powerful Pregnancy  Terms & Conditions

 The Powerful Pregnancy videos are a part of a full programme that sits within Jane Wake's Train Online videos now on referred to as 'The Service'. These terms apply to all workouts, videos and information provided through Jane Wake's website - to include Pilates Flow, Barefoot workouts, Antenatal, Postnatal, training at home, PT, Mindful Meditation and Others. This also governs all information included within this site through articles, blogs and videos on information such as nutrition, wellness and health.   From here on all material will be referred to as 'The Programmes' and the companies Body A-Wake Ltd, Baby A-Wake Ltd and any persons associated and involved in the provision of this service as 'The Provider' 

 

These Terms of Use (“Terms”) govern the use of the entire range of offerings of The Service and govern the relationship between you (“You” or “User”) and the Provider(or “We”) regarding your use of the Service. By accessing or using the Service, You agree to the Terms and accept to be bound by them. These Terms affect your legal rights and obligations, so if You do not agree to the Terms, We request You to refrain from using the Service.


·      To get full benefits we highly recommended following entire programmes as laid out within the website. 
·      You must have viewed and followed all of the videos requested to view on sign up including all information on safety and intensity.  You must also have viewed and agreed to our health screening and waiver. 

Only videos within the The Powerful Pregnancy, Antenatal and Postnatal sections are designed specifically for pregnancy and 0 - 6 months post partum.  We do not advise following any other programmes when pregnant or 0 - 6 months postnatal. 

EACH CLASS CLEARLY INDICATES THE SUITABILITY OF THE CLASS FOR CERTAIN PERSONS. PLEASE ASCERTAIN IF THE INTENDED CLASS IS SUITABLE FOR YOU. WE WILL NOT IN ANY WAY BE HELD RESPONSIBLE FOR ANY CLASS ATTENDED BY YOU IGNORING THE ADVICE GIVEN, EVEN IF YOU HAVE INDICATED YOUR PRIOR MEDICAL CONDITION, IF ANY, AT THE TIME OF SIGNING UP FOR THE SERVICE.


You are advised to consult with a medical practitioner before commencing any of these videos and to stop and immediately and seek medical advice if you experience any discomfort or pain. If pregnant you must confirm that you have read all conditions that prohibit you from exercising   - as laid out in our health screening guide. 
·      The Provider, producers, creators and presenters of these programmes regret that they cannot accept any liability whatsoever for any (1) loss or damage  (2) death or personal injury arising out of or in connection with the exercises and advice provided on these videos.  

Eligibility to create an account:

 

In order to create an account for use of the Service, You must fulfil the following conditions:

 

  1. You must be at least of a legally contractual age in your jurisdiction;

  2. You must not impersonate anyone or provide a name which is offensive or violate any person’s rights;

  3. You must only provide information which is accurate and shall remain responsible to update the information periodically to retain accuracy;

  4. You are responsible for keeping your passwords confidential and to prevent any unauthorized access to your account; and

  5. You shall not allow any other person to access your account, and if the same is done, You are responsible for their actions.

  6. You shall at all times use the Service and your account strictly in accordance with these terms and the law only.

 

You must at all times while attending a class, ensure that You wear proper exercise clothing and procure any necessary equipment as posted by the instructor.

Limited License to Use the Service:

Subject to your compliance with these Terms, The Provider grants You a limited, non-exclusive, non-transferable, revocable license to use the Service solely for your own personal use. Notwithstanding any other remedy contained hereunder or under law, The Provider shall be entitled to revoke the said license and delete your account with immediate effect if You do any of the following:

 

  • Take any action related to the Service that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty You have.

  • Post information You know is false, misleading, or inaccurate; or do anything deceptive or fraudulent.

  • Do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.

  • Distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters, run mail lists, listservs, or any kind of auto-responder or spam.

  • Harm anyone’s computer, distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment in the Service.

  • Abuse other users’ personal information for any purpose unrelated to The Provider or any purpose that is not in the spirit of our Service.

  • Use inappropriate language when contacting an instructor or behave in a manner that makes the instructor feel uncomfortable or intimidated. 

  • Do anything to harm the Service.

  • Use or access the Service in any way that could damage, disable, overburden, impair, or otherwise interfere with The Provider’s ability to provide the Service.

  • Try to interfere with the proper workings of the Service.

  • Bypass any measures We’ve put in place to secure the Service

  • Try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to The Provider or another party.

  • Take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)

  • Use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Service platform.

  • Disassemble, decompile, or otherwise reverse engineer the Service or attempt to derive any of its hardware or source code.

  • Sublicense, sell, rent, lease, transfer, assign, or distribute the Service.

  • Violate or infringe any third party's rights.

  • Upload, post, or transmit content that contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group.
     

In order to make this a free service, videos are currently in bedded within Youtube. We reserve the right to change this at any time, withdraw videos, update and make changes in the way we deliver these videos too you. This includes being able to establish pay walls for subscriptions and or or use advertising, sponsorship in order to be able to continue to provide content and deliver this service to you. 

Personal Information and Security:
You shall give The Provider correct personal and other information necessary for the use the Service. You shall inform The Provider of any changes to such information at the earliest. Use of your personal and other information is governed by the The Provider Privacy Policy, which is incorporated herein by reference. You consent to processing your personal and other information in accordance with the The Provider Privacy Policy, including (without limitation) transfer of such data to countries outside the United Kingdom or the European Economic Area in accordance with applicable legislation and the The Provider Privacy Policy. You shall be liable for all your own equipment, internet connectivity and software as well as to ensure they do not cause harm to The Provider and/or third parties. You agree to not attempt to damage, hack, crack, reverse engineer, or otherwise
interfere with the Service in any manner.

 

The Provider Intellectual Property:
The Service (including the related software and media), the design of the Service and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“The Provider Property”) are owned by or licensed to The The Provider, subject to copyright and other intellectual property rights under English and foreign laws and international conventions. Except as expressly provided in these Terms, The Provider does not grant any express or implied rights to use The Provider Property. The Provider may make available to users, for free or upon payment, additional content in the Service, such as videos or pictures (“Additional Content”). You are hereby granted a limited, non-exclusive, non-sublicensable and non- transferable license to access and use the The Provider Property and Additional 
Content only in connection with the usage of the Service. Any use of the Service, The Provider Property or Additional Content other than as specifically authorised in the  Terms, is prohibited and will terminate the license to use the same. For avoidance of doubt, You have no right to make available to third parties any content originating from the Service.
 

User content:
You may interact with our presenters and participants  through the Service and submit messages
and/or other content to the Service (“User Content”). The Provider does not have any duty to monitor any User Content. However, We shall have the right (but not the obligation) to remove any User Content that fails to comply with the Terms. You are solely responsible for any User Content posted, uploaded, transmitted, stored or otherwise made available through the Service using your Account. You acknowledge that use of the Service (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions. The Provider does not claim ownership to any User Content but You grant The
Provider a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, deliver, adapt (for technical purposes such as size and resolution scaling) and otherwise exploit any and all User Content that You have submitted to the Service for the purposes of providing the Service including deliver and communicate the User Content to third parties as per your request. You also grant each recipient, to whom You have addressed any User Content submitted by You in the Service, a non-exclusive license to access such User Content through the Service. In accordance with the Information Society Code and other applicable laws, We strive to expeditiously remove any infringing material from our site. If We become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.

 

 User Waivers:
You hereby grant permission to The Provider and our providers, agents, volunteers, and employees, to record, videotape, and photograph You when You are posting content in the Service. You agree that there will be no residual or any other kind of
payment, royalty, or fee due to You in connection with those recordings. The Provider owns all copyright and other rights in those recordings and can use them forever in any manner to provide or promote the Service and can license others to use those recordings for similar purposes. The Provider may also use your name, image, voice, likeness, and any related or derivative versions of this content that You provide to us or from your participation in the Service or from your participation in the activities (including translation, foreign rights, serialization, syndication, photocopying, abridgement, adaptation, reprint, dramatization, and electronic 
recording and reproduction of any sort). You release The Provider and our providers etc. from any claims and liability arising from or related to the use of the recordings, including but not limited to libel, false light, invasion of privacy, rights of publicity, any misuse, distortion, blurring, alteration, of the recordings.


Health Waiver:
I understand that The Provider. via the website or application on Ios or android devices is here to serve me by sharing knowledge of The Programmes  and any related activities as outlined above. In connection with my participation in the Programmes, I understand, acknowledge and agree as follows:
1. Participation in The Programmes is completely voluntary and it is solely my decision to participate in such activities.
2. The practice of The Programmes involves physical movement and exercise which may from time to time be strenuous, and that such practice carries some risk of injury. I am qualified, in good health and in proper physical condition to participate in the programmes. I understand that I must judge my own capabilities with respect to practicing exercises within the programmes and will only participate in the appropriate level of classes that are within my limits and capabilities. I acknowledge that it is my
sole responsibility to confirm that there is no medical or other reason preventing me from participating in the The Progammes. If I am pregnant, I shall only participate in The Programmes after I have discussed the potential risks with my
obstetrician or medical practitioner I am under the care of. I shall follow their advice and instructions about whether and to what extent I can participate in The Progammes. I agree that I (and my spouse/partner, heirs, and guardians) will hold Releasees harmless for any possible injury to myself, my spouse/partner, heirs, guardians and/or my child/fetus.
3. If I believe any conditions are unsafe, I will immediately discontinue participation in The Programmes.
4. I understand that participation in the Progammes involves risks of serious bodily injury and possibly death, which may be caused by my own actions or inactions while participating in The Programmes. I am voluntarily participating in The Programmes with full knowledge of the dangers involved and hereby agree to accept full responsibility for any/all injury or death, including without limitation, personal, bodily or mental injury, economic loss or any damage that I suffer resulting from the acts of anyone at, or acting on behalf of, The Provider
5. As consideration for my being permitted to participate in The Programmes, I (and my spouse/partner, heirs, guardians, and legal representatives) release The Provider, its parent companies, subsidiaries, affiliates and assigns and each of their predecessor and successor organizations and each of their current and former principals, instructors, partners, officers, directors, employees, insurers, agents and representatives and the owners/lessors of the premises wherein The Programmes take place (“Releasees”) from any and all liability and claims for damages arising out of, relating to and/or by reason of my voluntary decision to participate in The Programmes,  including the use of any equipment such as blocks, bands, straps or any other equipment that may be suggested by a Provider instructor. I further agree that, I (and my spouse/partner, heirs, guardians and legal representatives) will not make a claim against, sue, or attach the property of The Provider or Releasees for injury or damage resulting from the negligence, misconduct or other acts or omissions, howsoever caused, by any employee, agent, or contractor of The Provider as a result of my participation in The Programmes. If I, or anyone acting on my
behalf, make a claim against any of Videos, articles and any other content of The Programmes, I will indemnify, save and hold
harmless each of the Videos, Articles and any other C
ontent of The Programmes from any loss, liability, damage or costs which any may incur as a result of such claim.
Further: physical exercise, in all of its forms and with or without the use of equipment such as blocks, bands, straps or any other equipment that may be suggested by a The Provider instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website. The Provider is not a medical organization and its
instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing The Provider videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from The Provider, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and
mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against The Provider, or any person or entity involved with The Provider, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives. You are responsible for ensuring that You are capable of safely using the Service and participating in classes in the Service. You should consult a medical professional and have a full physical before using our Service. You should especially consult a medical professional if You or a member of your family has a history of illness or injuries. If You have any reason to be concerned about whether You can safely participate in
classes in the Service, whether based on how You feel, medication You are taking, past injuries or health issues, or family health issues, then You must refrain from using the Services altogether. Even if You are careful and healthy, You still may have
a serious risk of illness or injury. If You start feeling sick, dizzy, lightheaded, or 
nauseated while using the Service, stop immediately. Participating in fitness  activities comes with inherent risks. You assume all risk of injury and any health-
related issue. The Provider and its instructors, employees, affiliates, agents etc. shall not in any way be responsible for your use of the Service in violation of the above.
You waive all claims, foreseen or unforeseen, anticipated or unanticipated, related to your use of the Service, against The Provider and our providers, agents, employees, affiliates, volunteers etc. and other users. The Provider You waive any claim against them related to contacting emergency services. You are responsible for paying any costs associated with any treatment
You receive.


Support and Modifications:
The Provider shall have no obligation to provide support or maintenance for the Service under these Terms. The Provider may, at its sole discretion, provide technical support for the Service. You understand that the Service is an evolving one. As long as your license for the Service is valid You are entitled to upgrades or updates of the Service. All upgrades and updates are provided to You on a license exchange basis. You agree that by using an upgrade or update You voluntarily terminate your right to use any previous versions. The Provider may license upgrades and updates to You with additional or different terms. You may need to update third party software and/or upgrade your equipment from time to time in order to use the Service.

 

Third Party material:
The Service may contain links to websites operated by third parties or feature content, which is made available in third-party services, and enable You to access and use certain third-party services. Use of any web sites operated by third parties,
third-party services and/or content in third-party services shall be subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content
is made available, and is at the User’s risk. The Provider assumes no responsibility
for such third-party services and/or content in third-party services.

 

Service Disclaimer / No Warranty:
To the maximum extent permitted by applicable law, THE PROVIDER MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICE, ITS QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS, EXCEPT IN CASES WHERE DEFECTS HAVE RENDERED USE OF THE SERVICES IMPOSSIBLE.


©Jane Wake 2019

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