Terms Of Use
FITPRO ACADEMY TERMS OF USE
FITPRO ACADEMY – TERMS OF SERVICE
Last Updated: [Insert Date]
These Terms of Service (“Terms”) form a legally binding agreement between you (“User,” “Student,” or “Participant”) and FitPro Academy, a private company, together with David Ballen, individually, and all persons or entities acting on behalf of FitPro Academy (collectively, the “Company,” “we,” “us,” or “our”).
These Terms govern your access to and use of all FitPro Academy services, including but not limited to courses, training programs, instructional content, live or recorded sessions, websites, platforms, communications, and related materials (the “Services”).
By purchasing, enrolling in, accessing, or using any Services, you agree to be bound by these Terms in full.
1. Educational Use Only – No Professional Relationship
All Services are provided strictly for educational and informational purposes only.
The Company does not provide medical, health, therapeutic, rehabilitative, or clinical advice.
No trainer–client, coach–client, doctor–patient, or fiduciary relationship is created.
Nothing provided constitutes regulated professional advice under UK, Israeli, or U.S. law.
You are solely responsible for determining whether and how to apply any information provided.
2. Assumption of Risk
You acknowledge and agree that participation in fitness training and physical activity involves inherent risks, including but not limited to serious injury, permanent disability, or death.
You voluntarily assume all risks, whether known or unknown, foreseeable or unforeseeable, and confirm that you are medically fit to participate or have obtained appropriate medical clearance.
The Company makes no assessment of your physical condition or suitability.
3. Disclaimer of Instructional Liability
To the maximum extent permitted by law, the Company disclaims all liability arising from:
Instructions, demonstrations, explanations, or examples
Errors, omissions, or misunderstandings
Self-directed or unsupervised training
Use or misuse of equipment
Reliance on any verbal, written, or visual information provided
You acknowledge that the interpretation and application of instruction is entirely your responsibility.
4. No Guarantees / No Reliance
No guarantees are made regarding results, fitness outcomes, certifications, employment, income, or professional advancement.
You confirm that you have not relied on any representation or promise outside these Terms.
5. Coverage of Individuals and Workforce
These Terms apply to and fully protect:
FitPro Academy as an entity
David Ballen, individually and personally
All employees, trainers, instructors, mentors
All subcontractors, freelancers, consultants, and contractors
Affiliates, volunteers, and representatives
Website administrators and content creators
No individual acting on behalf of the Company shall be subject to personal liability for any claim arising from the Services.
6. Waiver and Release of Claims
You irrevocably waive, release, and discharge the Company from any and all claims, whether known or unknown, arising from or related to:
Participation in the Services
Physical or mental injury
Financial loss or dissatisfaction
Course difficulty, suitability, or content
Alleged negligence (to the extent permitted by law)
7. Indemnification
You agree to indemnify and hold harmless the Company from any claims, damages, losses, liabilities, or legal costs arising from:
Your participation in the Services
Your misuse of materials
Your breach of these Terms
Any harm you cause to yourself or others
8. No Cancellation / No Refund Policy
ALL SALES ARE FINAL.
Once payment has been made, there shall be no refunds, cancellations, credits, or chargebacks, including but not limited to situations where:
The course is found unsuitable or too difficult
The purchase was made in error
Circumstances change
You are dissatisfied with the content, structure, or delivery
You fail to attend or complete the course
You expressly waive any right to a refund to the fullest extent permitted by law, including any waivable cooling-off periods.
9. Intellectual Property
All course materials, content, branding, and intellectual property remain the exclusive property of the Company.
No copying, sharing, resale, or redistribution is permitted without prior written consent.
10. Website and Platform Use
Use of the Company’s websites and platforms is at your own risk.
The Company is not liable for outages, errors, technical failures, third-party platforms, payment processors, or data loss.
11. Private Company Status
FitPro Academy is a private company. Participation is voluntary, and no public or governmental obligations are assumed beyond those strictly required by law.
12. Dispute Resolution – Orthodox Jewish Arbitration (Beth Din)
Where both parties are Jewish, any dispute arising from these Terms or the Services shall be resolved exclusively through binding arbitration before a recognized Orthodox Jewish Beth Din, agreed upon by the parties.
No secular court proceedings shall be initiated prior to such arbitration, except where enforcement is legally required.
Where one or both parties are not Jewish, disputes shall be resolved by binding arbitration or courts of competent jurisdiction, at the Company’s discretion.
13. Governing Law
These Terms shall be enforced to the maximum extent permitted under applicable laws of the United Kingdom, Israel, and the United States, without regard to conflict-of-law principles where permitted.
14. Severability
If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.
15. Entire Agreement
These Terms constitute the entire agreement between you and the Company and supersede all prior discussions, representations, or understandings.
Payment of this invoice constitutes full acceptance of FitPro Academy’s Terms of Service, waiver of liability, and no-refund policy. All sales are final.