Information about the Holder of www.wta-functionaltraining.com and its Services.
“EMILIO TROIANO IFWTA – INTERNATIONAL FUNCTIONAL TRAINING, UNIPESSOAL LDA incorporated under the laws of Portugal, registered in the Commercial Registry Office of the Free Trade Zone of Madeira under fiscal code 513335382, with head office at Rua da Carreira, 115-117, with capital of €100.00 (one hundred Euros), (hereafter “IFWTA” or “Coach”).
Users (the “Client”) who choose to make use of the services offered by IFWTA declare that they do so willingly and in the full knowledge and acceptance of the following Terms and Conditions.
In order to maximise progress, it will be necessary for participants to follow all program guidelines during supervised and (if applicable) unsupervised training days. During the exercise program, every effort will be made to ensure your safety. However, as with any exercise program, there are inherent risks, including increased heart stress and the chance of musculoskeletal injuries. In choosing to participate in this program, you agree to assume all responsibility for these risks, and expressly waive any rights to claim for personal damages of any nature. You also agree that, to the best of your knowledge, you have no pre-existing limiting physical condition or disability that would preclude you from undertaking such an exercise program. The Client must provide the company with a current medical report, duly signed by a doctor or medical practitioner, registered and authorised to practice medicine according to the laws of their country, attesting that the Client is fully capable of undertaking physical training of this nature. By signing below, you expressly accept full responsibility for your own health and well-being, AND you acknowledge your understanding that no responsibility is assumed by or apportionable to the leaders of the program.
General Terms and Conditions.
Agreements are applicable from the moment that the Client begins the program until such time as they complete it. Payment of the service purchased must be executed in full at the time that the Client purchases it, and prior to the start of the service. The service purchased can be On-Site or On-line, depending on which option the Client chooses. Onsite Educational Courses: There must be a minimum of 10 (ten) participants enrolled on an On-site Training Course in order for that course to proceed. In the event that a course does not proceed, the Client will receive a credit to use for an alternative course (at a different time or of a different type) or service offered by the IFWTA.
Method of payment.
IFWTA makes use of third-party instruments for the processing of payments, and does not in any way come into contact with the payment data provided, such as debit/credit card details and paypal.
Availability of the products/services.
The prices, descriptions, and availability of the displayed products are subject to change without prior notice. The photos provided on the website or elsewhere are intended to be indicative, and do not guarantee conformity to the actual product(s) or their quality.
Execution of the Order.
The Order is executed in accordance with the terms specified in the summary page and in the email of Order Confirmation, subject to the availability of the product ordered. The Owner cannot be held liable for any damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of the sending of the Order Confirmation.
Deliveries shall be made as indicated on the product description pages.
Cancellations and Refunds.
In the event that a Client chooses to cancel the course or service purchased, the Client will be charged the full cost of that course or service according to the original agreement. In the event that the course or service is otherwise cancelled by the Owner, the Client will receive a credit to use for an alternative course or service offered by the IFWTA. The right of withdrawal does not apply to service contracts once the execution of the service has begun. This applies both to on-site (face-to-face) and online services providing digital content (training and nutrition programs, training manuals, training videos) via a non-material medium, once the execution has begun. To this end, the platform tracks the navigation of the user from the moment of the purchase of the service in order to monitor the use of the services provided. To substitute the subscribed service for a different offering, the Client must notify IFTWA in writing via email (to firstname.lastname@example.org) at least 30 days prior to the date of commencement of the service. No refunds will be issued for services already rendered.
IFWTA reserves the right to offer, free of charge, Coupons to Users in relation to particular promotions or in connection with the purchase of specific services. Where not otherwise specified, the following rules shall apply to the use of such Coupons: Each Coupon is valid for only one User, and may be used only once in accordance with the terms and time limits set out in the instructions on the website and/or accompanying the Coupon. The partial use of the Coupon, or the use of the Coupon in a way that involves its complete redemption in successive phases is not allowed. The Coupon must be redeemed exclusively within the time period specified for the use of the offer. At the end of this period, the Coupon will expire automatically, without any possibility for the User to make any claim in this regard. In the event that the Coupon is used for services other than those offered in the initial offer, the User will not be entitled to any credit/refund/compensation should there be a difference between the value of the original offer and the value of the redeemed amount. The reproduction, counterfeiting, or commercial exchange of the Coupon, as well as any illegal activity related to the redemption and/or use of the Coupon is expressly prohibited. In case any wrongdoing is committed, the Data Controller may legitimately refuse to fulfil their contractual obligations in relation to the Coupon, and, moreover, expressly reserves the right to take any appropriate legal action in order to safeguard their rights and interests.
Users declare that they are of age according to the legislation applicable to them.
Minors may make use of the courses of the IFWTA from the age of 15 years old only with the assistance of a parent or guardian. In no event may a minor under the age of 15 years old make use of the courses of the IFWTA.
The Client understands that the Coach is not a medical professional. The role of the Coach is NOT to provide health care, medical or nutrition therapy services, or to diagnose, treat, or cure any disease, condition, or other physical or mental ailment of the human body. Rather, the Coach is acting solely in the capacity as a mentor and guide who has been trained in holistic health coaching, to assist the Client to reach their own health and wellness goals by helping the Client to devise and implement positive, sustainable, lifestyle changes on their own behalf. The Client understands that the Coach is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist, or other licensed or registered medical professional, and that any advice given by the Coach is not intended to take the place of advice of such medically qualified professionals. In the event that the Client is under the care of a health care professional or is currently using prescription medications or undertaking prescribed exercises, the Client should discuss any dietary changes and/or potential use of dietary supplements and exercises with his or her doctor, and should not discontinue any prescriptions without first consulting his or her doctor. The Client acknowledges that they freely choose to work with the Coach, and understands that the information received from them should not be taken to constitute medical or nursing advice, and is in no way intended to take the place of a proper consultation with an appropriate licensed health professional.
Limitations of Liability.
On the signing of an Agreement, the User expressly assumes total responsibility and sole risk for their participation in the course or service that they undertake related to that Agreement.
Furthermore, the User expressly discharges and releases the Owner and its affiliates, employees, subsidiaries, agents, licensees, or representatives of any kind (hereinafter collectively “related parties”) from any and all liability, within the limits permitted by the applicable laws, in relation to damages or claims of any kind whatsoever relating to themselves and/or third parties of a direct, indirect, punitive, incidental, consequential, or extraordinary nature, including but not limited to any present or future claim for loss of revenue, loss of profits, loss of data, or loss or damage to material items arising from or in connection to negligence, error, omission, inaccuracy, or misuse of the course or service or of any related aspect that is the subject of the Agreement. On the Website www.wta-functionaltraining.com there may be content that dispenses health and/or psychological advice intended for a general and non-specific reader. The User must always keep in mind that the health and/or nutritional advice provided on www.wta-functionaltraining.com must not in any circumstances be considered to constitute a personal diagnosis and/or to be a substitute for a proper professional medical opinion. Such information and advice is, in fact, provided for illustrative and informative purposes only, and should not be given any didactic validity that could, even abstractly, encourage the User to a self-diagnosis and/or to stop and/or modify any duly prescribed medical treatment, including nutritional treatment, in progress.
Assumption of Risk and Release from Liability/Indemnity.
In consideration of being permitted to participate in any way in the Personal Training Activities (“Activity”), the Client confirms that they have read and expressly agree to the following statement: I acknowledge that I take full responsibility for my life and well-being, and all decisions made during and after a Health Coaching program. I expressly assume all the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. I understand the nature of Strength & Conditioning or Personal Training activities, and believe I am qualified to participate in such Activity. I further acknowledge that I am aware that the activity will be conducted at my home or in a studio, and agree and warrant that if, at any time, I believe the conditions to be unsafe, I will immediately discontinue further participation in the Activity. I FULLY UNDERSTAND that: (a) Strength & Conditioning and Personal Training Activities involve inherent risks and dangers of SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“Risks”); (b) these Risks and dangers may be caused by my own actions, or inaction’s, the actions or inaction’s of others participating in the Activity, the condition in which the Activity takes place, or NEGLIGENCE; (c) there may be other risks and social and economic losses that are either not known to me or that are not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ANY AND ALL LOSSES, COSTS, AND DAMAGES incurred as a result of my Participation in the Activity, for myself, for other people, and for structures or objects.
All applications, trademarks, figures and logos, and all other signs, trade names, service marks, text, images, pictures and illustrations, domains and sub-domains, and any other intellectual property or moral rights regarding IFWTA and the services offered that appear on the Website and elsewhere are and remain the exclusive property of the Owner and/or related parties, to which they retain any and all title(s), right(s), profit(s), and interest(s), and which, furthermore, are protected by the laws in force and related international treaties regarding copyright and intellectual property rights, and related matters. Except unless strictly provided for or permitted in the Terms and Conditions, any act in respect to the reproduction of any data or contents regarding IFWTA or its services provided in the Website or elsewhere, or other copying, redistribution, publication, or retransmission of any portion of such material is strictly forbidden without the prior express written permission or consent of the Owner.
Uses not allowed.
The Service shall be used in strict accordance with the following terms. Users may not, under any circumstances: – reverse engineer, decompile, disassemble, modify, or create derivative works based, in whole or in part, on courses or services of the IFWTA, or on any portion of them; – circumvent the IT systems used by the Owner or related parties to protect content made accessible through the Website; – copy, preserve, modify, change, prepare derivative works, or alter in any way any of the contents provided through the Website; – use any robot, spider, search application, or any other device, process, or automatic means to access, retrieve, scrape, or index any portion of any course or its contents provided through the Website; – loan, rent, or resell any part of any course provided through the Website; – defame, offend, harass, threaten, or otherwise violate the rights (such as the right to privacy and advertising) of others on or through the Website; – disseminate or publish any illegal, obscene, illegitimate, defamatory, or inappropriate content on or through the Website; – use the Website or any course provided through it in any other improper manner that would violate these Terms and Conditions.
Confidentiality and Non-Disclosure Agreement and Non-Complete Clause.
The user agrees that:
All didactic and training materials (hereinafter “materials”) related to the courses and the information published on the Website remain at all times the exclusive property of IFWTA, and therefore shall be used by the Client solely for the purpose of their own personal training. Moreover, users are not allowed to reproduce, duplicate, copy, sell, resell, or otherwise exploit any element of the intellectual property of IFWTA, its courses, and its services without the express written permission of the Owner. As such, the user agrees not divulge, distribute, disclose, or disseminate such materials which have come into their possession from IFWTA to anyone else, and warrants that they will take all reasonable measures to safeguard such materials held in their trust against unauthorised disclosure by any third party. In addition, the user agrees not to make any audio and/or video recordings of or during the courses in which they participate. Moreover, the user is bound not to develop, either on their own part or through the constitution of a company, club, or society, any training activities or seminars based, in whole or in part, on such materials and information, in direct and/or indirect competition with the activities developed by the IFWTA. At the time of registration/purchase/use, the Client is obliged to advise IFWTA whether they have previously carried out or are presently carrying out any activities in direct or indirect competition with IFWTA, either on their own account or on behalf of others.
This prohibition extends for a period of twenty (20) years after the purchase of any IFWTA product, and applies worldwide.
In the event of a breach of any of the terms of this confidentiality agreement and/or non-compete clause, the Client shall be held liable to pay liquidated damages in an amount defined as the sum of the list price of the course(s)/program(s)/event(s) as published on the Website at the time of registration/purchase, multiplied by a factor of one hundred (100), or the true list price as it would be without the application of liquidated damages, subject in any case to the claim of compensation for any actual and additional losses in the form of pecuniary and non-pecuniary damages, including moral damages, consisting of the economic repercussions suffered by the Owner and/or related parties deriving from such a breach.
The User agrees to hold the Owner (as well as any companies controlled or affiliated to them, their representatives, directors, agents, licensees, partners, employees, and related parties) harmless from any and all liability, obligations or demands, losses and damages (including, without limitation, punitive damages) and including, without limitation, any legal costs incurred in defending themselves in court, arising from or in connection with any damages or losses incurred or suffered by themselves, other Users, or third parties, in relation to the use of information contained in this Website or of content uploaded online in the event of the user’s breach of the law or of their obligations provided in this Terms and Conditions.
Amendments to these Terms and Conditions.
The Owner expressly reserves the right to make changes to these Terms and Conditions at any time, giving due notice to Users through the publication of such changes on the Website www.wta-functionaltraining.com. Users who continues to make use of the Website www.wta-functionaltraining.com following the publication of any changes shall be deemed to have accepted such revisions to the Terms and Conditions without reservation.
Nullity and Partial Invalidity.
Should any clause or provision contained in these Terms and Conditions be held by a Court of competent jurisdiction to be invalid, void, or unenforceable, that clause or provision shall be considered null and void and duly omitted, without prejudice to the remaining clauses and provisions that shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
Governing Law and Competent Court of Jurisdiction.
This Terms and Conditions agreement is governed by the law of Portugal, and in case of all disputes concerning the execution, interpretation, and validity of this contract that cannot be settled amicably, exclusive jurisdiction is conferred on the Portuguese courts.
Users agree that the Owner will set venue and jurisdiction of any suit arising from a dispute. An exception is exclusively made in the case of resolution in the Consumer Goods Forum, where the law so provides.
Alternative resolution of disputes.
The European consumer is duly informed that the European Commission has established an online platform providing an alternative dispute resolution tool for the purpose of settling any dispute relating to and/or arising from contracts for the sale of goods and services entered into online out of court, in an equitable and inexpensive manner. Therefore, if you are a European consumer, you can make use of this platform to resolve any dispute arising from an online contract entered into with the Owner. The platform is available at https://ec.europa.eu/consumers/odr.
The IFWT is available to answer any questions you may have by submitting them in writing to the support area, identified in this Website in the section “Information about the Holder”.
I DECLARE THAT I HAVE READ THIS AGREEMENT IN FULL, UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I FURTHER AGREE THAT SHOULD ANY PORTION OF THIS AGREEMENT BE HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.