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Terms of Service

These Terms of Service govern your use of the website located at https://www.fitnow.ch and any related services provided by fitnow GmbH.


By accessing https://www.fitnow.ch, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by fitnow GmbH.


We, fitnow GmbH, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.


These Terms of Service were last updated on 1 February 2024.


Limitations of Use


By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

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  • modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;

  • remove any copyright or other proprietary notations from any materials and software on this website;

  • transfer the materials to another person or "mirror" the materials on any other server;

  • knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service fitnow GmbH provides;

  • use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

  • use this website or its associated services in violation of any applicable laws or regulations;

  • use this website in conjunction with sending unauthorized advertising or spam;

  • harvest, collect, or gather user data without the user’s consent; or

  • use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

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Intellectual Property


The intellectual property in the materials contained in this website are owned by or licensed to fitnow GmbH and are protected by applicable copyright and trademark law. Users are not permitted to download, reproduce, distribute, or otherwise use any materials without the express written permission of fitnow GmbH.
 

Data Collection and Privacy

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Our website and and the fitnow app use cookies. Please review our Privacy Policy form information on how we collect and use your data.

 

Liability


Our website, the fitnow app and the materials on our website and app are provided on an 'as is' basis. To the extent permitted by law, fitnow GmbH makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

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Limitation of Liability: fitnow (fitnow GmbH) shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of this website and the fitnow app, including but not limited to, any injuries, losses, or damages of any kind resulting from the use or inability to use our fitness programs or services.

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​Waiver and Release of Liability: When signing up for any of the fitnow programs or trial workouts (personal training, boot camps, group training, Pregnant & Strong, Back in Shape, among others), you agree to the following liability terms:

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  • Your participation in the personal training of fitnow trainers is at your own risk and peril.

  • By signing up for any fitnow programs or workouts, you expressly waive any and all claims for damages, injuries, or consequential damages (unless the trainers act intentionally or with gross negligence) in connection with your participation in the training, the training according to the training plan created by the fitnow trainers, instructions, training, supervision, or dietary recommendations by the fitnow trainers, and the implementation of test procedures to determine physical fitness.

  • fitnow trainers or representatives are also excluded from liability for damage to property.

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Assumption of Risk and Health Assurance: You assure to be healthy for sports/fitness, having conducted a test and discussed your personal situation/health status with your doctor and physician before signing up and starting any FitNow training program. If you sign up and conduct the training on your own responsibility, you assume all risks of injury, illness, or death.

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Health Risks and Immediate Reporting: FitNow trainers or representatives do not accept any liability for health risks, including those not currently known to you, in the event of an accident or damage. You will immediately inform FitNow trainers or representatives of any illness or sudden changes in your state of health and, if necessary, stop the training.

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Pregnancy and Postnatal Programs: If signing up for the "Pregnant & Strong" program or "Back in Shape" program, you assure that you have conducted a control with your doctor and/or gynecologist and given the OK to start the programs. These programs and workouts are designed generally for expectant mothers and/or recent mothers. You understand that exercise programs have inherent risks, and you acknowledge contraindications to exercise during pregnancy and after childbirth. Getting permission from your doctor is a requirement before engaging in these workouts.

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Access to Trainerize App: You acknowledge that by signing up for the FitNow programs, you will be granted access to the Trainerize app during the duration of the program.

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Program Duration and Access: You acknowledge that once the program finishes, you will no longer have access to the program or the Trainerize app. In some cases, and only under special circumstances (such as sickness or injury), FitNow might prolong the duration of your program.

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Insurance Responsibility: You are insured against accidents and injuries that may occur during the training, including the direct route to and from the training location (if applicable). If this is not the case, it is your responsibility.

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Acknowledgment: You acknowledge that you have carefully read and fully informed yourself about the content of this disclaimer "Waiver and Release of Liability" by reading it before signing up for any of the FitNow programs.

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Accuracy of Materials


The materials appearing on our website are not comprehensive and are for general information purposes only. fitnow GmbH does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.


Links


fitnow GmbH has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by fitnow GmbH of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.


Order process

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Delivery: All fitnow programs are delivered digitally via our app, enabling you to train at your convenience, anytime and anywhere.

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Order Process

  1. Upon purchasing a program through our e-shop, an account will be automatically created for you in the fitnow app. This process may take a few minutes to a few hours.

  2. You will receive an email notification once your account setup is complete. This email will contain instructions on how to download the app and set up your personal training profile.

  3. After setting up your personal profile and completing the consultation form, we will tailor the selected program to meet your specific needs. This could be based on factors such as your current stage of pregnancy or postpartum requirements (e.g., c-section vs. vaginal birth).

  4. Once the setup is completed, you are ready to start your fitness journey with fitnow!

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Please note that this process ensures a seamless and personalized experience for our users. We look forward to supporting you on your fitness journey.

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Right to Terminate


We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.


Severance


Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.


Governing Law


These Terms of Service are governed by and construed in accordance with the laws of Switzerland. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

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