TERMS & CONDITIONS

ONLINE TERMS & CONDITIONS

Be sure to check these terms and conditions for updates, as your continued use of Within by NK’s services, website, the App or Within by NK’s social media means you agree to any changed terms.

Use of Within by NK’s services, the website, and the App is available to a person over the age of 14 however if you are under the age of 18, you will need the consent of a parent or guardian.

Please read Within by NK’s privacy policy as it contains important information about the collection and use of your personal health information.

COST

$89.99 NZD

SERVICES

12 Week 1:1 - 'Premium' Membership - Online Coaching

Weekly subscription: $74.95 NZD
12 week - upfront payment: $855.00 NZD (SAVE $44.40 NZD off total 12 weeks)

12 Week 1:1 - 'Base' Membership - Online Coaching

Weekly subscription: $54.95.00 NZD
12 week - upfront payment: $618.00 NZD (SAVE $41.40 NZD off total 12 weeks)

MINIMUM COMMITMENT

Coaching services provided by Within by NK are specifically designed for each individual and their goals.

Each client is required to complete a 12-week minimum commitment. If the client chooses to cancel during this period, then they will be required to pay the minimal commitment.

At the end of the minimum term, your membership will automatically renew on a weekly basis, if paying by a weekly subscription and fortnightly basis, if paying by a fortnightly subscription.

PAYMENT

You will be required to pay for your services via Stripe, which is processed through the Trainerize App.

You agree to a weekly or upfront payment in full frequency, and confirm that you will always have sufficient funds in your bank account to cover your sessions.

A breach of this may warrant a late fee of surcharge of $40.00 that is payable by you. If you continue to have insufficient funds, it may result in termination of future services.

We may at any time, at our discretion, adjust the cost of your Online Coaching at the end of your minimum commitment period. If this is to occur, we are required to provide you at least 14 days’ notice in writing to your nominated email address or message you via private message in the app to notify you. This will come into effect in your next payment following the end of the notice period.

CANCELLATION OF SERVICES

Excluding the minimum commitment period, Within by NK requires a 14-day notice period to cancel your services.

You agree that if you give us less than the required notice, you will be charged the full amount due on the next payment date unless we waive this at our discretion. If you choose to cancel your services with us, you must request this in writing via private message on the Within by NK App (Trainerize).

PRE-HEALTH REQUISITES

You are required to complete a pre-exercise screening for the disclosure of any pre-existing medical conditions and/or disability.

During your time with Within by NK, you understand that you will be undertaking lifts and physical activities that provide risks including heart stress and musculoskeletal injuries.

Within by NK will provide techniques, advice, and instructions as too how to complete physical activities.

You understand that you have the responsibility to adhere to any advice given by Within by NK. You agree that you will not hold Within by NK liable for any injuries or medical conditions that may occur during your training or outside of your training.

Additionally, you acknowledge and agree that a doctor’s referral may be required to commence or resume training if a change in your condition and/or physical health has occurred.

If the above is to occur, you are to inform Within by NK immediately.

NUTRITION

You understand that any nutrition advice provided by your Coach from Within by NK is to be taken as generalised advice.

You understand that your Coaches education is as follows:

Certified Master Coach - Clean Health Fitness Institute
Certified Mind-Body Practitioner
Certificate Pregnancy and Post-Natal
Certificate IV in Fitness
Certificate III in Fitness
CHIF Performance Nutrition Coach Level 1 and 2
CHIF Performance PT Coach Level 1 and 2
Carroll Performance Program Design Level 1
Advanced Nutrition for Fat Loss
Strength System International Certification Level 1

Within by NK will help align your goals with your body composition and nutritional needs.

Further information surrounding your nutrition should be sought from a medical professional such as a registered dietician and/or general practitioner and is solely your responsibility to seek.

WELLBEING

You understand that your Coach is not an accredited psychologist and is not to be replaced by a professional, however, coaching services with Within by NK will include general mindset improvement activities.

It is extremely important to advise Within by NK truthfully regarding stress levels and mental health throughout coaching, as these can have a detrimental impact to your health, especially if Within by NK has you in a calorie deficit.

Within by NK will accommodate your needs by tweaking your training program and macro intake.

Within by NK encourages you to access professional help for mental health and wellbeing and highly recommends this to all clients, as the journey to optimal health is becoming strong physically and mentally.

LIABILITY

By signing up to Within by NK and/or attending classes, events, activities, and other programs, and/or using the gym facilities and equipment, you hereby acknowledge and agree that there are certain inherent risks and dangers of strenuous nature within your training programs.

You understand and agree that you are strongly recommended to consult a doctor prior to commencing a new training and nutrition regime.

You understand and agree that you are voluntarily choosing to participate in an intense physical exercise program. You are aware that such intense physical exercise holds the possibility of adverse physiological occurrences including, but not limited to, abnormal blood pressure, fainting, heart attack or death.

You agree to not hold Within by NK, its instructors, members, or employees liable for any injury that you may incur throughout your program and are solely responsible for any costs or damages that you may incur.

You understand that results are not guaranteed, and it is solely your responsibility to ensure you are following the guidance of your program to assist in achieving results.

COMMUNICATION

Within by NK expects that you will respond to them in a timely manner. You are expected to be timely and polite.

Within by NK will not tolerate abusive or derogatory comments towards the Coach and/or the coaching clientele on-social media or any other media outlets. See below for more information about online behaviour.

You understand that any breach of Within by NK’s expectations of conduct will result in termination of your coaching agreement with no refunds.

EXPECTATIONS

Within by NK expects you to take your training sessions seriously and display a high degree of caution and safety when performing exercises.

If you are unable to attend a check-in, please ensure you are notifying your Coach of Within by NK within a timely manner and that you adhere to the clauses outlined in this agreement.

If you choose not to follow the above, Within by NK has the right to stop engaging services with you immediately.

Whilst your Coach will be there to support you, it is your sole responsibility to ensure you are completing your program to achieve maximum results.

PHOTOS + VIDEO RELEASE

With your consent, Within by NK may use videos and/or photos of you on Within by NK’s social media pages to market Within by NK and promote services.

See more information below about use of your images online.

Within by NK does not supply compensation for posts.

DEFAMATION

You understand that you are solely responsible for your progress with Within by NK. You agree to listen to advice provided by the coach.

You agree that you will not defame Within by NK if you do not receive your expected results. You understand that achieving your results is solely your responsibility

LOCKDOWN

In the instance of an unprecedented lockdown period in your state and/or area, services with Within by NK will continue as per agreement.

Within by NK will provide at home workouts and create a new program for you.

TERMINATION

Without affecting Within by NK’s rights to terminate under other clauses in these terms and conditions, Within by NK may terminate the services for any reason on 14 days notice. In this situation Within by NK will refund any services that have not provided and for which you have paid in advance.

If the services are terminated by either Within by NK or you, this is without prejudice to all accrued rights and obligations incurred by either Within by NK or you.

WEBSITE, APP, & SOCIAL MEDIA

If Within by NK gives you access to services requiring a user ID and password, you must keep that to yourself and not share your user ID or password with anyone.

All content and functionality on Within by NK’s website, the App or Within by NK’s social media, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are Within by NK’s exclusive property or Within by NK’s licensors and they are protected by New Zealand and international copyright laws. All rights not expressly granted are reserved.

Apart from fair dealing as permitted under copyright law, and as necessary for the operation of Within by NK’s website, the App or Within by NK’s social media, you must not (without Within by NK’s express written consent):

reproduce content, store such content in a retrieval system, or transmit such content in any form or by any means, electronic, mechanical, or otherwise
print pages or other content
sell, rent or sub-license content
show any content in public
reproduce, duplicate, copy or otherwise exploit content for a commercial purpose
edit or otherwise modify any content

You acknowledge and agree that Within by NK shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on Within by NK’s website, group pages on the App, or on any of Within by NK’s social media. These rights extend to any photos or videos of you that you consent to Within by NK using for marketing or service-related purposes. You hereby waive any claims against Within by NK for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Within by NK ‘s use and publication of any such content covered by this clause.

In using Within by NK’s website, the App or Within by NK’s social media, be respectful and courteous at all times.

You agree that you will not post or otherwise publish on Within by NK’s website, the App or Within by NK’s social media any content that:

is threatening, defamatory, or obscene
would constitute, or that encourages conduct that would constitute: a criminal offence; give rise to civil liability; or otherwise violate law
infringes the intellectual property, privacy, or other rights of any third parties
involves the transmitting, sending, use, publishing or distribution of any content which consists of (or is linked to) any spyware, computer virus, or malware
involves any systematic or automated data collection activities
involves the transmission or sending of unsolicited commercial communications or advertising/marketing material
constitutes or contains false or misleading statements

Within by NK is not responsible for any submissions posted by users of Within by NK’s website, the App or Within by NK’s social media however Within by NK reserves the right to refuse to post and the right to remove any submission or information, in whole or in part, for any reason or for no reason.

In using Within by NK’s website, or the App you must not cause in any way or take any step which may cause damage to the website/App or impair availability or accessibility of the website/App; or do anything which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent

Within by NK may provide links to third party websites. Within by NK has no responsibilities for these websites and you access and use them at your own risk.

Within by NK makes no representations or warranties in relation to Within by NK’s website or the information on it. Within by NK does not guarantee the website and its information will always be available. Your use of the website and your reliance on the information on the information is at your own risk.

GENERAL

To the maximum extent possible, Within by NK is not liable to you for any damages or loss as result of using Within by NK’s Services, Within by NK’s website, or relying on information on the website including, but not limited to, direct, indirect, special or consequential loss or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationship, loss of reputation, goodwill or loss/corruption of information data.

All disclaimers in these terms and conditions extend to any of Within by NK’s employees, agents, subsidiaries, successors, assigns and sub-contractors.

If you breach any of these terms and conditions then you will indemnify Within by NK for all losses, damages, costs (including debt collection costs and costs on a solicitor client basis), liabilities and expenses.

Within by NK has no responsibility to any person other than the client and nothing in these terms and conditions gives a benefit to any other person other than the client.

Within by NK may suspend or terminate/block your use of the website, the App or Within by NK’s social media at Within by NK’s sole discretion.

Within by NK may assign, transfer, or sub-contract Within by NK’s rights/obligations under these terms and conditions to another party. You may not transfer, or sub-contract your rights/obligations under these terms and conditions to another party without Within by NK’s written consent.

If a court deems a provision in this terms and conditions to be unenforceable, that will not affect the enforceability of other clauses.

If Within by NK waives any breach of these terms and conditions, this will not amount to a waiver of any other breach. Any waiver must be in writing.

These terms and conditions are governed by the law of New Zealand and any disputes are subject to the exclusive jurisdiction of the New Zealand courts.