Terms of Use

1. Acceptance of Terms

Welcome to Zolmerita ("we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of our women's fitness programs, services, website, and mobile applications (collectively referred to as "Services").

These Terms constitute a legally binding agreement between you and Zolmerita. We may update these Terms from time to time, and your continued use of our Services after any changes indicates your acceptance of the new Terms.

1.1 Eligibility

Our Services are intended for individuals who are:

• 18 years of age or older
• Legally capable of entering into binding contracts
• Residents of jurisdictions where our Services are legally available

For individuals aged 16-17, parental or guardian consent is required before using our Services.

2. Description of Services

Zolmerita provides specialized fitness programs designed with female physiology in mind. Our Services include:

2.1 Fitness Programs

• Women's Strength Foundation training
• Endurance Excellence programs
• Flexibility & Recovery sessions
• Personalized workout plans
• Group fitness classes

2.2 Professional Services

• Personal training sessions
• Fitness assessments and consultations
• Progress tracking and monitoring
• Nutritional guidance and support
• Wellness coaching

2.3 Digital Services

• Online workout programs
• Mobile application access
• Educational content and resources
• Community forums and support
• Progress tracking tools

3. User Responsibilities and Representations

3.1 Health and Safety Responsibilities

By using our Services, you represent and warrant that:

• You are physically capable of participating in fitness activities
• You have consulted with healthcare professionals if you have any health concerns
• You will inform us of any physical limitations or health conditions that may affect your participation
• You will follow all safety guidelines and instructions provided
• You will not exceed your personal limits or engage in unsafe practices

3.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Providing accurate and up-to-date information
• Promptly notifying us of any unauthorized use of your account
• Complying with all applicable laws and regulations

3.3 Participation Requirements

To participate effectively in our programs, you agree to:

• Arrive on time for scheduled sessions
• Wear appropriate fitness attire and footwear
• Bring necessary equipment as instructed
• Follow program guidelines and recommendations
• Communicate openly about your progress and concerns

4. Payment Terms and Fees

4.1 Service Fees

Fees for our Services vary based on the program type, duration, and level of personalization. Current pricing is available on our website and will be communicated before enrollment.

4.2 Payment Methods

We accept the following payment methods:

• Credit and debit cards (Visa, MasterCard, American Express)
• Bank transfers and direct debit
• Digital payment platforms (PayPal, Apple Pay)
• Cash payments for in-person services (where applicable)

4.3 Payment Schedule

• One-time Sessions: Payment due at time of booking
• Package Deals: Full payment or agreed installment schedule
• Monthly Memberships: Automatic monthly billing
• Annual Programs: Payment in advance with discount options

4.4 Late Payments and Failed Transactions

In the event of late payments or failed transactions:

• Services may be suspended until payment is received
• Late fees may apply after 7 days ($25 administrative fee)
• Multiple failed payment attempts may result in account termination
• Collection costs may be added to outstanding balances

5. Cancellation and Refund Policy

5.1 Session Cancellations

5.2 Program Cancellations

Monthly Memberships:

• 30-day written notice required for cancellation
• No refund for partial months
• Final month's fees still apply during notice period

Package Deals and Programs:

• Cancellation within 7 days of purchase: Full refund minus processing fees
• Cancellation after 7 days: Prorated refund for unused sessions (minus 20% administration fee)
• No refunds after 50% of sessions are completed

5.3 Emergency and Medical Cancellations

In cases of genuine medical emergencies or serious health conditions:

• Medical documentation may be required
• Extended freeze periods may be available
• Special refund considerations may apply
• Programs may be modified to accommodate recovery

5.4 Weather and Facility Cancellations

If we cancel services due to weather, facility issues, or other circumstances beyond our control:

• Full refund or rescheduling options provided
• Alternative arrangements may be offered (virtual sessions)
• No penalties apply to clients

6. Limitation of Liability and Assumption of Risk

6.1 Assumption of Risk

By participating in our fitness programs, you acknowledge and assume the risks associated with physical exercise, including but not limited to:

• Muscle soreness, fatigue, and minor injuries
• Aggravation of pre-existing conditions
• Accidents involving fitness equipment
• Interactions with other participants
• Environmental factors and facility conditions

6.2 Limitation of Liability

To the maximum extent permitted by law, Zolmerita's liability is limited as follows:

• Total Liability: Limited to the total amount paid by you for Services in the 12 months preceding the claim
• Consequential Damages: We are not liable for indirect, incidental, or consequential damages
• Business Losses: Not liable for lost profits, business interruption, or commercial damages
• Third-Party Claims: Not responsible for actions of other participants or third parties

6.3 Indemnification

You agree to indemnify and hold harmless Zolmerita, its employees, contractors, and agents from any claims, damages, or expenses arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any law or third-party rights
• Any content you provide or activities you engage in

6.4 Insurance Recommendations

We strongly recommend that you:

• Maintain adequate health insurance coverage
• Consider personal liability insurance
• Verify coverage for fitness-related activities
• Understand your policy's terms and limitations

7. Code of Conduct and Community Guidelines

7.1 Respectful Environment

We are committed to maintaining a positive, inclusive environment. All participants must:

• Treat staff and other participants with respect and courtesy
• Use appropriate language and behavior at all times
• Respect personal space and boundaries
• Follow facility rules and equipment guidelines
• Maintain personal hygiene standards

7.2 Prohibited Behaviors

The following behaviors are strictly prohibited:

• Harassment, bullying, or discriminatory behavior
• Inappropriate physical contact without consent
• Use of profanity or offensive language
• Recording or photographing others without permission
• Sharing personal information of other participants
• Promoting competing fitness services
• Bringing weapons or dangerous items to facilities

7.3 Equipment and Facility Use

• Use equipment only as instructed and for intended purposes
• Clean equipment after use
• Report damaged or malfunctioning equipment immediately
• Do not monopolize equipment during busy periods
• Follow all posted safety guidelines

7.4 Consequences of Violations

Violations of our Code of Conduct may result in:

• Verbal warning and counseling
• Temporary suspension from programs
• Permanent termination of membership
• Legal action if laws are violated
• No refund of fees paid

8. Intellectual Property Rights

8.1 Our Intellectual Property

All content and materials provided through our Services are protected by intellectual property laws and remain the property of Zolmerita, including:

• Workout programs and training methodologies
• Educational materials and resources
• Software, applications, and digital content
• Trademarks, logos, and branding materials
• Written materials, videos, and audio content

8.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to:

• Access and use our Services for personal fitness purposes
• Download and use mobile applications on your personal devices
• Print educational materials for personal reference
• Share designated content on social media with proper attribution

8.3 Restrictions on Use

You may not:

• Copy, reproduce, or distribute our content without permission
• Create derivative works based on our materials
• Use our content for commercial purposes
• Remove copyright notices or proprietary markings
• Reverse engineer our software or applications
• Share login credentials or account access

8.4 User-Generated Content

By sharing content with us (photos, testimonials, feedback), you grant us a worldwide, non-exclusive license to use, reproduce, and display such content for promotional and educational purposes.

9. Termination of Services

9.1 Termination by You

You may terminate your use of our Services at any time by:

• Providing written notice according to your agreement terms
• Following the cancellation procedures outlined in Section 5
• Settling any outstanding balances
• Returning any borrowed equipment or materials

9.2 Termination by Us

We may terminate or suspend your access to Services immediately, without notice, for:

• Violation of these Terms or our Code of Conduct
• Non-payment of fees after reasonable notice
• Fraudulent or illegal activities
• Behavior that threatens safety or disrupts operations
• Breach of any material provision of your agreement

9.3 Effects of Termination

Upon termination:

• Your right to access Services ends immediately
• Outstanding fees become due and payable
• Refunds, if any, will be processed according to our policies
• Certain provisions of these Terms survive termination
• You must return any company property

10. Dispute Resolution and Governing Law

10.1 Informal Resolution

Before pursuing formal dispute resolution, we encourage you to:

• Contact us directly to discuss your concerns
• Allow 30 days for us to address and resolve the issue
• Participate in good faith negotiations
• Consider mediation as a cost-effective alternative

10.2 Formal Dispute Resolution

If informal resolution is unsuccessful, disputes will be resolved through:

• Mediation: Conducted by a qualified mediator in New South Wales
• Arbitration: Binding arbitration under Australian Commercial Arbitration Rules
• Court Proceedings: As a last resort, in appropriate courts of New South Wales

10.3 Governing Law

These Terms are governed by the laws of New South Wales, Australia, including:

• Australian Consumer Law protections
• State and federal legislation regarding fitness services
• Common law principles applicable in Australia

For international clients, local consumer protection laws may also apply and will be honored where they provide greater protection.

10.4 Class Action Waiver

To the extent permitted by law, you agree to resolve disputes individually and waive participation in class actions or collective proceedings.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

11.1 Key Privacy Principles

• We collect only information necessary to provide our Services
• Your personal information is never sold to third parties
• Health and fitness data is treated with extra security measures
• You have rights to access, correct, and delete your information
• We comply with applicable privacy laws including Australian Privacy Principles

11.2 Health Information

Special protections apply to your health and fitness information:

• Shared only with qualified fitness professionals involved in your care
• Used exclusively for program design and safety purposes
• Stored securely with limited access
• Retained only as long as necessary for your fitness journey

12. Miscellaneous Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any specific program agreements, constitute the entire agreement between you and Zolmerita regarding the use of our Services.

12.2 Amendments

We may modify these Terms at any time. Significant changes will be communicated through:

• Email notification to registered users
• Prominent website notices
• In-person notifications for major changes

12.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

12.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

12.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

12.6 Force Majeure

We are not responsible for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, or other force majeure events.

13. Acknowledgment and Agreement

You also acknowledge that:

• You have had the opportunity to seek independent legal advice
• You understand the risks associated with fitness activities
• You are voluntarily participating in our programs
• You have provided accurate information about your health and fitness status
• You will comply with all applicable laws and our policies

Thank you for choosing Zolmerita for your fitness journey. We look forward to supporting you in achieving your health and wellness goals!