TERMS AND CONDITIONS of THE BACKYARD BOOTCAMP MEMBERSHIP:

All references to “The Backyard Bootcamp”, “We”, or “Us” or “Our” are references to or include Fiona Modderman trading as The Backyard Bootcamp - Fi Modderman as the principal and founder of The Backyard Bootcamp, and any contractors or other persons providing fitness workouts or other authorized services for or on behalf of The Backyard Bootcamp.
Users of The Backyard Bootcamp are referred to below as “members”, “participants”, or “you” or “I” as the context requires.
The following sets out the terms and conditions for use of the The Backyard Bootcamp Membership Site, Fi Modderman Facebook page, and the use of our online or pre-recorded fitness workouts of The Backyard Bootcamp.


These terms and conditions are governed by the laws of New Zealand.
By answering “Yes” in the Quiz section, or accessing and participating in our workouts, you agree to be personally bound by these Terms and Conditions, including any changes or modifications made to these Terms and Conditions from time to time, according to the laws of New Zealand, and you warrant that you are at least 18 years of age or have the permission of a parent or caregiver to participate in The Backyard Bootcamp.


1. WHAT THE BACKYARD BOOTCAMP ENTITLES YOU TO:

a. Upon accepting our terms and conditions of participation and paying the relevant membership fee, the participant shall be given membership access to the The Backyard Bootcamp site and Facebook group for the period covered by the membership fee, which shall be for the paid monthly subscription.

b. Fiona Modderman, principal of The Backyard Bootcamp, will provide participants with new weekly workouts each week. Additional workout sessions may be provided at any time at the sole discretion of The Backyard Bootcamp. One monthly workshop call. Participation in the Community Facebook Group.

VARIATIONS TO SCHEDULED LIVE-STREAMED WORKOUTS:

a. In the event of illness or injury, Fi Modderman reserves the right to cancel a workout where required (every effort will be made to find a suitable staff or contractor replacement).

b. If for any reason the minimum number of fitness sessions cannot be provided in any week, Fi Modderman reserves the right to substitute a live workout session with a pre-recorded earlier fitness session,

c. While all efforts will be made to ensure all live workouts proceed at the pre-scheduled time, technical difficulties or internet connection issues may at times mean that workouts may commence later than the published start time.

d. Fi Modderman reserves the right to amend the scheduled days and times of the live-streamed workout sessions.

2. CONDITIONS OF PARTICIPATION IN THE BACKYARD BOOTCAMP WORKOUTS:

By participating in The Backyard Bootcamp workouts or in discussions between us and you, or generally among The Backyard Bootcamp members, you expressly acknowledge and accept that:

a. The fitness workouts provided by The Backyard Bootcamp follow the HIIT (High Intensity Interval Training) Format. You are solely responsible for ensuring you have a sufficient degree of fitness and physical capability to participate in this exercise format, and/or to seek professional advice from a medical professional if you are unsure.

c. Participants who are inexperienced in HIIT or who are beginning with a low level of personal fitness are encouraged and recommended to start with the 'Mums Bootcamp' module provided by The Backyard Bootcamp and to seek advice from Fiona Modderman if unsure how to carry out any HIIT exercises correctly.

d. The Backyard Bootcamp does not provide any warranties or guarantees as to any specific result from participation in the workout sessions.

e. If experiencing any unusual pain or discomfort during any Backyard Bootcamp workout sessions participants should cease the workout and seek advice from a medical professional or physiotherapist before continuing with The Backyard Bootcamp workouts.

f. The Backyard Bootcamp shall not be legally responsible for or bear any legal liability for any harm or injury suffered by any participant as a result of their participation in The Backyard Bootcamp workouts, and shall not accept any claim for compensation or reimbursement of medical costs associated with this.

g. To the extent any other legal claim is otherwise permitted by law and is established against us, our total liability in respect of all claims in connection with any services provided by The Backyard Bootcamp shall be limited to the total sum of any membership fees paid by you that relate to the cause of action established.

h. You shall be bound by and observe the conditions and restrictions of use or sharing of The Backyard Bootcamp workouts and associated intellectual property as set out in Clause 3.

i. The Backyard Bootcamp aims to provide resources, tools and guidelines however, information displayed on the website, in the members group or inside programmes is not specifically tailored to suit an individual’s specific needs. Users should not rely exclusively on information provided by Fi Modderman for their health needs and requirements such as injuries or other health problems; these should be discussed with a Doctor or Health Practitioner.

j. The Backyard Bootcamp has been designed to help individuals progress towards achieving their fitness and wellness goals. Please note that Fiona Modderman is not a nutritionist or dietician, but a health coach. The views and opinions expressed on The Backyard Bootcamp website are based on Fiona's own philosophy and professional background. Qualifications held by Fiona Modderman include; Bachelor of Physical Education majoring in Exercise Prescription and Management, Certified Health Coach, Advanced Clinical Weight-loss Practitioner.

3. CONDITIONS OF, AND RESTRICTIONS AGAINST, USE OR SHARING OF THE BACKYARD BOOTCAMP WORKOUTS AND ASSOCIATED INTELLECTUAL PROPERTY

a. The name “The Backyard Bootcamp”, The “The Backyard Bootcamp” Logo, and all uploaded recordings of workout videos produced by Fiona Modderman are the intellectual property of Fiona Modderman trading as Fi Modderman and may not be used in any manner that constitutes a breach of our intellectual property rights, unless expressly permitted by Fiona Modderman.

b. All Backyard Bootcamp workouts or pre-recorded workouts are for your personal use. The Backyard Bootcamp authorises within the meaning of personal use, sharing and participating in The Backyard Bootcamp workouts with other members of your immediate family or, within reasonable limits, sharing and participating in The Backyard Bootcamp workouts with friends who are present with you at a private residential dwelling. Personal use does not include broadcasting or sharing the workout among large groups or public audiences, or in any online group or forum whether public or private, unless you have the express prior written consent of The Backyard Bootcamp.

c. You must not use, share, post or re-post The Backyard Bootcamp material in connection with, or to promote, other services or products in any other forum, whether online or otherwise, without the express written permission of The Backyard Bootcamp.

4. CANCELLATION AND REFUNDS:

If you decide to cancel your membership, you expressly acknowledge and accept that:

a. You are required to give minimum of 7 days notice of the cancellation of your membership by emailing fi@fimodderman.com, which shall cease at the end of that notice period.

We may cancel your membership with immediate effect, if:

a. You breach any part of clause 4; or

b. You otherwise breach the terms and conditions of membership or commit an act that brings, or could bring the reputation of The Backyard Bootcamp into disrepute.

In the event we cancel your membership in accordance with these terms and conditions, refunds will be at the sole discretion of The Backyard Bootcamp.

5. PRIVACY AND MARKETING

a. The Backyard Bootcamp is an online forum, with workouts being live-streamed on facebook, and members able to post comments and share photo’s within the group. By participating in The Backyard Bootcamp, you accept that any comments or posts you make will be visible to all members of The Backyard Bootcamp. Because of the way in which facebook posts are published, you also accept that your comments may be visible to other facebook users outside of The Backyard Bootcamp group.

b. You accept that Fi Modderman may re-post Backyard Bootcamp workouts or forums online in order to promote and encourage others to join the group, and that this shall not constitute a breach of your privacy by The Backyard Bootcamp.

c. Fi Modderman will use all reasonable endeavours outside of the circumstances in 5.a and 5.b to respect your individual privacy. Should we wish to use any specific information about you, including posts about your personal experience in The Backyard Bootcamp, or photos you publish in The Backyard Bootcamp as part of any wider online promotional or marketing activities, we will seek your permission.

d. Members and third parties are not permitted to advertise or promote their products or services on The Backyard Bootcamp forums without the express written consent of Fi Modderman. I agree that I am undertaking these workouts at my own risk.