IMPORTANT – PLEASE READ AND UNDERSTAND THESE TERMS OF USE AND TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE ACCESSING, USING, SUBSCRIBING, OR PLACING AN ORDER ON WWW.LUIZAVORONCA.COM AND/OR FIT.LUIZAVORONCA.COM. THESE TERMS INCLUDE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY (see Sections 16 and 17). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE RETAIN AND KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
THIS IS A BINDING AGREEMENT. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES PROVIDED BY Luiza Voronca, ANY ORDER PLACED THROUGH THE WEBSITE, BY PHONE, OR OTHER ACCEPTED METHODS OF PURCHASE, AND, AS APPLICABLE, YOUR USE OF PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
Luiza Voronca reserves the right to update and modify these Terms and all documents incorporated by reference from time to time by posting updates and/or changes on our website. It is your responsibility to periodically check this page for changes.
The site is intended for adults only. To use the site, you must be 18 years of age or the legal age of majority in your state or province of primary residence, whichever is greater, and you must also have the legal capacity to enter into a contract with us. The site is not intended for children, and no person under the age of 18 may use the site. By using the website, you affirm that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read, understood, and agree to these terms.
USER BEHAVIOR AND RESTRICTIONS ON THE WEBSITE
The website contains copyrighted materials, trademarks, and other proprietary information, including text, software, photos, videos, graphics, music, and sound, and the entire content of the website is protected as a collective work under U.S. copyright laws. Luiza Voronca is the exclusive owner of the copyright and all other intellectual property rights on the entire website; Luiza Voronca owns the copyright for the selection, coordination, arrangement, and enhancement of such content, as well as for its original content; Each third-party content provider owns the copyright to its original content; You are not permitted to modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or otherwise exploit any part of the content on the website; Unless expressly permitted by copyright law, you may not copy, redistribute, publish, display, or commercially exploit any material from the site without the express written permission of Luiza Voronca and, if applicable, the copyright owner; and In the case of any permitted copying, redistribution, or publication of material from the website, no changes or deletions to author attribution, trademarks, legends, or copyright notices may be made. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or copying copyrighted materials or any other materials protected by intellectual property laws. All trademarks appearing on the site are the exclusive property of their respective owners, including, in some cases, Luiza Voronca and/or affiliated companies.
You agree not to use or attempt to use the website in any unlawful manner. Additionally, you agree not to commit or attempt to commit any unlawful act on or through the website, including, but not limited to: (1) hacking and other digital or physical attacks on the website; (2) posting vulgar, obscene, or defamatory material; or (3) any other unlawful act.
ORDER PLACEMENT AND ACCEPTANCE; PAYMENT METHOD
You agree that any products or services you purchase from us and/or our website are for personal, non-commercial use. You agree that you will not resell, redistribute, or export any product you order from the site.
If you enroll in our membership program or order a product, payment must be received by Luiza Voronca before your enrollment or order is accepted, except if you are participating in a trial offer program (see Section 6 below). We may request additional information regarding your order if any required information was missing or inaccurate, and we may cancel or limit an order at any time after it has been placed. Your electronic order confirmation or any other form of confirmation does not signify our acceptance of your order. You must contact us as soon as possible at contact@luizavoronca.com to modify or cancel your pending order. We cannot guarantee that we will be able to modify your order in accordance with your instructions.
We reserve the right to accept or refuse shipment to anyone for any reason. If we decline your order, your payment will be refunded to the card provided at the time of payment.
Your order is subject to acceptance of this agreement. Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. We will notify you if any item is unavailable, provide the estimated date of availability, and may offer an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and, if previously charged, your payment card will be fully refunded for that order.
FREE TRIAL MEMBERSHIP OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
If we offer you an Luiza Voronca trial membership subscription (“Trial Membership Subscription”), this trial subscription will begin immediately and last for seven (7) days after your registration request to Luiza Voronca has been accepted by Luiza Voronca. It will continue for the period of the trial membership offer as indicated on the website at the time of your request submission. Free trial memberships are available only to new Luiza Voronca subscribers and during the limited periods set on the website. Previous members or those who have already taken advantage of an Luiza Voronca free trial membership are not eligible for another free trial membership.
If you do not wish to continue your membership after the trial period ends, you must contact us at least 24 hours before your free trial membership period ends by sending a cancellation request to our support email address at contact@luizavoronca.com. If you do not contact us at least 24 hours before the end of your free trial period to cancel, your membership will automatically continue, and the payment card you provided at the time of online enrollment will be charged with the full monthly Luiza Voronca membership fee provided at the time of registration.
Luiza Voronca reserves the right to change any membership fee detailed on the website or in any pre-contract information (including these Terms) at any time. If the membership rate changes after your enrollment, we will notify you by email.
If you wish to cancel your Luiza Voronca subscription at any time after the end of a free trial membership or discounted period, you must send us a cancellation request by emailing our support address at contact@luizavoronca.com. For monthly memberships, we require at least twenty-four (24) hours’ notice of cancellation. For annual memberships, we require at least thirty (30) days’ notice.
AUTOMATIC PAYMENT AND CANCELLATION
When you visit the website, you may have the option to purchase a product one-time or to subscribe to the Luiza Voronca subscription plan, where the payment card you provide at the time of registration will be automatically charged each month until you cancel. If you subscribe to the Luiza Voronca subscription plan, the payment card you provided will be billed, and the product will be shipped every 30 days from the initial sign-up date, unless you cancel.
If you wish to cancel your subscription to the Luiza Voronca plan, you may do so at any time; however, you must cancel your subscription at least 24 hours before the next scheduled payment. To cancel your Luiza Voronca subscription, simply email us at contact@luizavoronca.com.
PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Luiza Voronca reserves the right, without notice, to discontinue products or services or to modify the specifications and prices for products and services without any obligation to you. Unless expressly stated otherwise in these Terms, any change in the subscription price or the purchase of products or services will take effect after notification by email.
Luiza Voronca takes reasonable steps to ensure that the prices listed on the site are correct and to accurately describe and display the items available on the site. If the correct price of our product is higher than the stated price, at our discretion, we will either contact you for instructions before shipping, or we will cancel your order and notify you about the cancellation.
COACH’S OBLIGATIONS AND YOUR OBLIGATIONS / YOUR INDIVIDUAL RESULTS WILL VARY
Coach’s Obligations:
The coach will use their skills and knowledge to design a safe exercise program that takes into account your lifestyle, personal goals, fitness level, and medical history. The coach will provide coaching, supervision, advice, and support to help you achieve your goals. You understand that the results of any fitness program cannot be guaranteed by Luiza Voronca or the coach, and that your progress depends on your individual effort. As a result, individual outcomes will vary.
Your Obligations – YOUR INDIVIDUAL RESULTS WILL VARY:
You must commit 100% to your training program in order to improve your chances of achieving your goals. You are required to attend your coaching sessions on time and have adequate internet service. You must wear appropriate clothing and footwear. Your coach may require a “medical clearance” letter from your doctor, and your doctor may charge you for providing that letter, which is paid exclusively by you.
You understand and agree that it is your responsibility to inform the coach of any conditions or changes to your health, now and in the future, that may affect your ability to exercise safely and with minimal risk of injury. If your coach requests additional medical information from a doctor, you must provide such information.
Each person has a different body and history, and therefore individual results will vary from Member to Member. YOUR INDIVIDUAL RESULTS WILL VARY BASED ON A VARIETY OF UNIQUE FACTORS FOR YOU, SUCH AS HEALTH, GENETICS, DIET, AND LEVEL OF EXERCISE. IF YOU ARE NOT SATISFIED WITH YOUR RESULTS, YOUR SOLE REMEDY IS PROVIDED IN OUR RETURN/EXCHANGE POLICY.
TESTIMONIALS, REVIEWS, AND IMAGES/VIDEOS
Luiza Voronca is pleased to hear from users and welcomes your feedback regarding our services. Luiza Voronca may use testimonials and/or product reviews, in whole or in part, along with the name, city, and state of the person submitting them. Testimonials may be used for any activity related to Luiza Voronca’s services or products, in print and online media, as determined by Luiza Voronca at its sole discretion. Testimonials represent the unique experience of the customers submitting them and do not necessarily reflect the experience you may have using our products. As mentioned above, your results will vary based on a variety of factors unique to you, such as health, genetics, diet, and exercise level.
You are solely responsible for any communication, message, and/or other content that you post, upload, submit, transmit, or share with Luiza Voronca on this website, via email, or otherwise, including but not limited to any data, questions, comments, suggestions, or the like (collectively, “User Communications”). By submitting or posting any user communication, you represent and warrant that these user communications are your original work and will not infringe or violate any copyright, trademark, trade secret, privacy rights, publicity rights, or any other applicable laws. Luiza Voronca does not endorse or sponsor any user communication transmitted by you or other members.
You are prohibited from posting, uploading, submitting, sharing, or transmitting any illegal, threatening, defamatory, obscene, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Luiza Voronca will cooperate fully with any law enforcement authorities or court order requesting or directing Luiza Voronca to disclose the identity of anyone posting such information or materials. Subject to the terms and conditions set forth in our Privacy Policy, all user communications will be treated as non-confidential and non-proprietary. Accordingly, please do not post, upload, submit, or share any user communication that you want to keep confidential or for which you seek compensation, recognition, or attribution.
Any materials you submit or post on the site and/or provide to us, including but not limited to photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) will be treated as non-confidential and non-proprietary, and we will have the right to use, copy, distribute, display, publish, perform, sell, rent, transmit, adapt, and create derivative works from these Submissions, worldwide, perpetually, irrevocably, and transferable. We may do so by any means and in any form and may translate, modify, reverse engineer, disassemble, or decompile these Submissions. All Submissions will become our exclusive property and will not be returned to you.
In addition, Luiza Voronca reserves the right to correct grammatical and typographical errors, shorten testimonials before publication or use, and review all testimonials before publication or use. Luiza Voronca will have no obligation to use any submitted testimonial or product review, or any part of it. By submitting a testimonial, you confirm that you have read, understood, and agree to these Terms. If you do not agree with any part of these Terms, do not submit a testimonial.
NO MEDICAL DIAGNOSIS OR TREATMENT
Luiza Voronca IS COMMITTED TO HELPING YOU LOSE WEIGHT AND IMPROVE YOUR LIFESTYLE. HOWEVER, YOU UNDERSTAND THAT OUR PRODUCTS, SERVICES, AND STATEMENTS ON THE WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION OR MEDICAL PROFESSIONALS, AND OUR PRODUCTS, SERVICES, AND INFORMATION ON THE WEBSITE ARE NOT INTENDED TO TREAT, CURE, OR PREVENT ANY HEALTH CONDITIONS, DISEASES, OR ILLNESSES. THE INFORMATION ON THE WEBSITE OR PROVIDED IN EMAILS OR OTHER COMMUNICATIONS IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE. YOU UNDERSTAND THAT OUR PRODUCTS AND SERVICES ARE NOT INTENDED FOR USE BY INDIVIDUALS UNDER 18 YEARS OLD AND THAT THE PRODUCTS SHOULD NOT BE USED TO TREAT ANY MEDICAL CONDITION OR HEALTH PROBLEM. THE DIETARY NEEDS OF MINORS AND PEOPLE WITH MEDICAL CONDITIONS DIFFER FROM THOSE OF HEALTHY ADULTS. YOU AGREE THAT YOU HAVE CONSULTED OR WILL CONSULT WITH A PHYSICIAN BEFORE USING ANY OF OUR PRODUCTS OR TRYING ANY OF OUR SERVICES, PARTICULARLY IF YOU SUFFER FROM ANY MEDICAL CONDITION, INCLUDING BUT NOT LIMITED TO CARDIOVASCULAR DISEASE, HIGH BLOOD PRESSURE, OBESITY, CIRCULATION PROBLEMS, BREATHING ISSUES, OR ANY OTHER CONDITIONS OR DISORDERS, AND YOU AGREE THAT YOU WILL IMMEDIATELY DISCONTINUE USE OF OUR PRODUCTS IF YOU EXPERIENCE ANY ADVERSE REACTIONS OR EFFECTS FROM ANY PRODUCT.
Luiza Voronca makes every effort to provide accurate nutrition and ingredient information for each product on our menu. We take food safety very seriously; however, there is always a risk of cross-contamination. There is also a possibility that the commercial food manufacturers we use may change their formula at any time without notice.
PLEASE BE AWARE THAT OUR FACILITY HANDLES NUTS AND FOODS THAT MAY CONTAIN NUTS OR NUT OILS.
CUSTOMERS WITH FOOD ALLERGIES MUST BE AWARE OF THESE RISKS AND UNDERSTAND THAT CONSUMING FOOD PROVIDED BY Luiza Voronca IS AT THEIR OWN RISK.
LIMITATIONS OF LIABILITY
You understand that there are inherent risks in participating in an exercise program. Except where otherwise prohibited by law, including in the state of New Jersey, if you claim or allege that you suffer any injury while participating in training, you acknowledge that Luiza Voronca (including its officers, directors, shareholders, employees, and agents) is not responsible, and the Trainer is not responsible, except where the injury was caused by the gross negligence of the Trainer. You agree that neither Luiza Voronca (including its officers, directors, shareholders, employees, and agents) nor your Trainer will be held liable in any way for injuries related to undisclosed or unknown medical conditions. You agree that in no event will Luiza Voronca’s liability to you for any claim or description exceed the amount of three (3) times the fees paid by you to Luiza Voronca for the month immediately preceding the date of the event giving rise to the claim.
You expressly waive any right to claim indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims of any kind or description. This limitation of liability shall apply to all claims and theories of liability raised, whether or not Luiza Voronca was aware of or consulted regarding the possibility of such damages or claims. Some states do not allow the exclusion of certain warranties, so some of the exclusions above may not apply to you and you may have additional rights. Notwithstanding any of these terms, this limitation of liability does not apply to consumers in New Jersey.
DISPUTE RESOLUTIONS THROUGH MANDATORY ARBITRATION AND WAIVER OF CLASS ACTIONS
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE IN THE FUTURE SHALL BE RESOLVED THROUGH FINAL, MANDATORY, AND CONFIDENTIAL ARBITRATION. YOU RECOGNIZE AND AGREE THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. RIGHTS YOU WOULD OTHERWISE HAVE IN COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR NOT EXIST AT ALL. YOU AGREE THAT YOU MAY FILE A CLAIM ONLY ON YOUR OWN BEHALF AND NOT AS A PLAINTIFF (PRIMARY OR OTHERWISE) OR MEMBER OF A CLASS OR REPRESENTATIVE ACTION. YOU ALSO AGREE THAT THE ARBITRATOR CANNOT CONSOLIDATE PROCEEDINGS OR CLAIMS AND CANNOT PRESIDE OVER ANY REPRESENTATIVE OR CLASS ACTION PROCEDURE.
IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR MAY AWARD THE SAME DAMAGES AND REMEDIES AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS OF USE AS A COURT WOULD.
a. General
Arbitration is a way to resolve a “Claim” without filing a lawsuit. A “Claim” means any dispute between you, Luiza Voronca, or any third party involved related to your account, use of the website, your relationship with Luiza Voronca, these Terms, the Privacy Policy, and the Return/Exchange Policy. This includes all claims related to the use or attempted use of services or products and any act or omission by Luiza Voronca or any third party (including, but not limited to, coaches) related to the use or attempted use of services or products. You, Luiza Voronca, or any third party involved may pursue a Claim. Luiza Voronca agrees to final, mandatory, confidential arbitration if it has claims against you. You also agree to final, mandatory, confidential arbitration if you have claims against Luiza Voronca. By agreeing to arbitrate, you waive your right to go to court and agree to submit any Claims to final, mandatory, confidential arbitration. This arbitration provision sets forth the terms and conditions of our final, mandatory, confidential arbitration agreement and is governed by and enforceable under the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16, as amended.
b. Exceptions
Notwithstanding the above and as an exception to final, mandatory, and confidential arbitration, you and Luiza Voronca retain the right to pursue, in small claims court, any claim within that court’s jurisdiction that proceeds on an individual (non-class) basis, including issues of outstanding accounts within the jurisdiction of the small claims court. Luiza Voronca will not seek arbitration for any individual claim you properly file and pursue in small claims court, so long as the claim is and remains pending in that court. The following claims will not be subject to final, mandatory arbitration and must be resolved only in state or federal courts located in Lugoj, Romania: (i) any dispute, controversy, or claim regarding the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or any third-party intellectual property rights; or (ii) an action by Luiza Voronca for a temporary, preliminary, or permanent injunction, whether prohibitory or mandatory, or other temporary measure, against you for violation or threatened violation of this Agreement. You expressly agree to refrain from bringing or joining any claims excluded from final, mandatory arbitration under this subsection “b” in any representative or class capacity, including, but not limited to, bringing or joining any claims in a class action or in a class arbitration. Small claims matters may be filed in any small claims court that has personal and subject-matter jurisdiction over the parties. For all other matters excluded from final, mandatory arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Malta, and waive any challenge to the jurisdiction and venue of those courts.
c. Mandatory Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other party, we agree to first contact the other party with a written description of the dispute, which will include all relevant documents and information and the proposed resolution. You may send the written description of any dispute you have with us via email to support@luizavoronca.com. Luiza Voronca will contact you by letter at the billing address you have provided or the email address you have provided. You agree to negotiate with Luiza Voronca or its designated representative in good faith regarding your issue or dispute. If, for any reason, the dispute is not resolved within 60 days from the receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the above or any other terms of this arbitration agreement, we will have the right to seek injunctive relief or other equitable measures in the state or federal courts located in Malta, to enforce these Terms or prevent a third-party or our intellectual property rights from being violated, as set forth in subsection “b” above. You expressly consent to and waive any challenge to the personal jurisdiction and exclusive venue of such courts in such actions.
d. Initiating Arbitration
You and Luiza Voronca agree to begin any arbitration procedure within 1 year from the date the Claim arose (the 1-year period includes the mandatory pre-dispute procedures set forth above) and that any arbitration procedure initiated after 1 year will be forever barred.
e. Location of Arbitration
If the value of the dispute is $500 or less, then the arbitration may be conducted by phone or by written submissions. Otherwise, arbitration will be conducted in Malta, unless Luiza Voronca agrees to another forum requested by you.
f. Organization, Rules, and Arbitrator
Both of us agree that any and all Claims, except those excluded under subsection “b” above, will be subject to final, mandatory, confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may initiate the arbitration process by submitting a written demand for arbitration to AAA and providing a copy to the other party, within the timeframe set forth in subsection “d” above. The arbitrator will be selected by mutual agreement of the parties or, if the parties cannot agree, appointed in accordance with the AAA Rules. The arbitration will be conducted in accordance with the then-current Commercial Dispute Resolution Procedures of AAA, the Supplemental Procedures for Consumer Disputes. The arbitrator will have the exclusive and sole authority to resolve any dispute regarding the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, the Return/Exchange Policy, and this arbitration clause. The arbitrator will have the exclusive and sole authority to decide whether any dispute is subject to arbitration. The arbitrator will have the exclusive and sole authority to decide whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Luiza Voronca.
g. Fees
Payment of all filing, administrative, and arbitrator fees will be governed by the AAA Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000, unless the arbitrator determines that the claims are frivolous. We will also not seek attorney’s fees and costs in arbitration, unless the arbitrator determines the claims are frivolous. In all other respects, the parties will each pay their own additional fees, costs, and expenses, including but not limited to those for any attorneys, experts, documents, and witnesses.
h. Applicable Law and Decision
The arbitrator will follow the substantive law of the State of Romania/ State of Malta, without regard to its conflict-of-law principles. Any decision rendered will include a written, confidential opinion and will be final, subject to appeal under the FAA. The arbitration award may be entered in any court with competent jurisdiction.
i. Applicability
This provision survives the termination of your account or relationship with Luiza Voronca, bankruptcy, assignment, or transfer. If the waiver of class actions is found unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration clause will be declared null and void and will not apply. If any part of this arbitration clause (other than the waiver of class actions) is found to be unenforceable, the remaining parts of this arbitration clause will remain in full force and effect.
j. Miscellaneous
Failure or delay in enforcing this arbitration clause concerning any particular Claim will not constitute a waiver of any rights to seek arbitration at a later time or with respect to other Claims, except that all Claims must be brought within 1 year of the deadline set forth above. This provision represents the entire arbitration agreement between you and Luiza Voronca and can only be modified in writing by Luiza Voronca.
k. Modifications
Luiza Voronca reserves the right to modify this arbitration clause at any time. Continued use of the Website, purchase of any service or product on or through the Website, or use or attempted use of an Luiza Voronca service or product is confirmation of your consent to these modifications. If modifications to this arbitration clause are significant, Luiza Voronca will provide notice and an opportunity to opt out. Continued use of the Website, purchase, or use of any service or product on or through the Website, or use or attempted use of an Luiza Voronca service or product is confirmation of your consent to these changes.
**UNDERSTAND THAT YOU HAVE THE RIGHT TO LITIGATE IN COURT, HAVE A JUDGE OR JURY DECIDE YOUR CASE,
COMPENSATION
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Luiza Voronca and its affiliates and their respective directors, officers, employees, licensors, independent contractors, subcontractors, suppliers, parent companies, subsidiaries and agents in and against them. any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, arising out of or in in any way related to or related to (1) your use, misuse, or inability to to use the Website, (2) the information you submit or transmit through the Website, or (3) your violation of of these Terms, the documents they incorporate by reference or the Agreement or your violation of any law or the rights of a third party. We are here to ensure you are on track with your bookings and training plan, but understand that matters may arise where changes to pre-bookings need to be made, thus these Terms and Conditions are outlined to ensure each Member gets the most out of their Plan.
LINKS FROM THIRD PARTIES
The website may contain links to other websites. Luiza Voronca assumes no responsibility for the content or functionality of any non-Luiza Voronca website to which we link. Please see our Privacy Policy for more details.
TERMINATION
Luiza Voronca reserves the right to terminate any Member’s membership and/or service for any reason (including paid memberships and/or guest memberships) after providing email notice to the Member.
This Agreement will come into effect (or come into effect again) at the time you click “SEND ORDER”, “PAY NOW”, “ORDER NOW”, “SEND”, “BUY NOW”, “BUY”, “I ACCEPT” , “I agree” or similar links or buttons otherwise submit information through the Website, respond to a request for information, complete a purchase, select a payment method, enter payment method information and/or begin installing, accessing or using the Website, whichever is earlier.
If, in our sole discretion, you fail or we suspect that you have failed to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Site at any time without notice to you and you shall remain liable for all amounts due up to and including the date of termination or suspension. You further agree that Luiza Voronca shall not be liable to you or any third party for the consequences of any such termination or suspension. Your rights under this Agreement will automatically terminate if you fail to comply with this Agreement, subject to the survival of rights in certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Website in your possession. Sections 12, 14 through 20, 22, 24 through 28 and 30 through 32 of this Agreement, as well as any representations, warranties and other obligations made or assumed by you, shall survive termination of this Agreement and/or your account. or relationship with Luiza Voronca
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CANCELLATIONS
You may cancel by contacting your Trainer directly via WhatsApp, Text Message or Email, to cancel any pre-booked sessions, within the 12 hour cancellation period.
Cancelled sessions may be re-booked throughout the paid monthly period plan of 1 month.
In the case of PT (Personal Training) sessions, you may also benefit from an additional session during your regular week.
Cancellations made with less than a 12 hour notice will incur a full charge which is not reimbursable.
Cancellations for Group classes can be re-scheduled to any other class available on the schedule.
Cancellations for pre-paid block sessions and packages which have already started will incur a 50% charge for any outstanding sessions to cover time spent by the Trainer developing, researching and planning a specific training regime for the Member. The same policy applies for cancellations due to any injuries.
Personal Training and Group Class pre-paid packages are valid for a 1 month period.
Any sessions not taken within the 1 month period will be lost.
In case of cancellations within a small group PT session (2 Members or more), where 1 Member cannot attend, either the entire session is missed by ALL Members and re-scheduled within the stipulated time frame, or the 1 Member who cannot make it will have to forfeit his/her session. Sessions can be rescheduled within the paid monthly plan period.
In case a PT Member has booked a trip abroad and has notified the Trainer in advance, then it is suggested that the Member and Trainer work out their schedule together to fit in all sessions before the trip. Another option would be to book in and pay for single sessions or go down to a smaller package until the Member returns from their trip. The same applies for the Group Class memberships.
BOOKING AND PAYMENTS
Luiza Voronca operates on a pre-book / pre-payment basis, and all sessions must be paid directly to the Trainer.
Pre-payment via direct debit is recommended to ensure continuity and this can be cancelled at any time by sending an email to contact@luizavoronca.com
Bookings and specific time slots are not confirmed until payment is received.
USE OF FACILITIES
The use of Studio equipment should be done appropriately and ensuring no damage is caused.
Clients should bring a form of hydration with them such as a bottle of water. Bottles of water are available from the Studio at €1 per bottle. Adequate training clothes and kits are required to be worn at all times. Appropriate training shoes are required for all kinds of sessions.
Members are responsible for own belongings while at the centre, and Luiza Voronca will not be held responsible for any loss or damage to own belongings or equipment.
Members are requested to keep the Studio neat and tidy and to not leave rubbish behind.
Changing room and shower facilities are available for all Members, and everyone is asked to leave the facilities in a clean state.
The Studio area (excluding changing rooms and showers) are monitored by CCTV.
SESSIONS
Sessions will start and finish on time.
The Trainer may not be able to provide a full hour if a Member is late to a session.
If the Trainer is late for a session, the Member will still receive the full session time or have the outstanding time added to another session.
TARGETS, RESULTS AND RISKS
The results of any training programme or coaching course cannot be guaranteed and a Member’s progress depends on own effort and cooperation in and outside of the sessions.
A Member acknowledges that individual results may vary, and no particular result is guaranteed by the Trainer.
There are inherent risks in participating in a programme of strenuous exercise. If a Member sustains or claims to sustain any injury while participating in the fitness programme, the Member acknowledges that Luiza Voronca is not responsible.
By filling out and submitting the answers to the questions outlined on the PAR-Questionnaire form, the Member is confirming these are true and complete to the best of his/her knowledge.
As a Member, you understand and agree that it is your responsibility to inform the Trainer of any conditions or changes to your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury.