Terms & Conditions

 
 

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Materials’), you agree to use these Materials only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Privacy

Wild Sparrow Wellness respects your privacy and treats your personal info as private. All personal details provided to us will be kept safe, secure and confidential and will not under any circumstances be distributed to third parties. 

Sales Policy

The purchase of products on this website are subject to the following terms and conditions.  All customers are advised to review these carefully before making any purchase.

Each PDF download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product(s) they purchased to any third party or person.

All transactions are made through payment gateways such as PayPal that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.

All purchases made on www.wilsparrowwellness.com are non-refundable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made please contact us at lexie@wildsparrowwellness.com to discuss a resolution.

By placing an order with Wild Sparrow Wellness, you warrant that you are at least 18 years old (or have parents' permission to buy from us), and accept these terms & conditions, which shall apply to all orders placed. 

Additional Information

Wild Sparrow Wellness reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice. 

Return Policy

As all of our products are digital they are deemed "used" after download or opening. This unfortunately means we have a strictly no refund policy in regards to dissatisfaction with product.

Please contact us at lexie@wildsparrowwellness.com to see how we can remedy any problems you may have with this.

Online Person Training & Nutrition Plans/Client Agreement

In consideration of my being able to participate in the Online Training Program, I understand that I must purchase a package consisting of online exercise guides, online nutrition counselling or in-person training session(s) and must read and agree to where I assume the risks for participation, waive of liability, and personal training policies and procedures.

I understand that the program is voluntary and that my Personal Trainer will develop and guide me through my nutrition or exercise program(s). I understand that the online nutrition and exercise guides are designed for those individuals who do not have certain medical limitations regarding diet/exercise. If applicable, I will accurately and completely disclosure of any prescribed medications I am taking and any exercise or diet limitations I am aware of or have been informed of by my doctor, so that my Trainer can develop a modified plan for my personal medial considerations. During the program if my medications, condition, or medical limitations should change, I will notify the Trainer. I understand that it is recommended that I have a yearly physical or more frequent physical examination and consultation with my physician as to physical activity and diet so I am aware of what is appropriate for me. I acknowledge that I have either had a physical exam and have been given my physician’s permission to participate or I have decided to participate without approval of my physician.

I understand that while my Trainer will review any disclosed medical limitations, my Trainer is not a physician and cannot replace the advice and expertise of a physician.

I understand that although my Trainer may include recommended caloric ranges, macronutrient distribution, and suggested foods to ingest (or, in some cases, avoid) to better meet my wellness goals, my Trainer is not a nutritionist or registered dietician (RD), and she is legally not allowed to prescribe a specific meal plan for me. I understand that any specific diet limitations need to be discussed with my physician, nutritionist, or RD to ensure proper monitoring.

I understand that I have the complete right to stop or decrease exercise at any time during a session, and that it is my obligation to notify my physician or seek medical attention immediately if I develop any symptoms such as fatigue, shortness of breath or chest discomfort.

I realize that participation in the program including but not limited to exercising, use of exercise equipment and strenuous exertion (strength training) all of which increase heart rate and body temperature.

I understand that exercise involves certain risks, including but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death. Also, injuries could occur to bones, joints or muscles. Slips, falls, and unintended loss of balance could result in muscular, neurological, orthopedic or other bodily injury. I understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill which I conduct myself in that activity or program.

Knowing the material risks and knowing and reasonably anticipating that other injuries are a possibility, I hereby expressly assume all of the delineated risks of injury, all other possible risk of injury, and even risk of possible death, which could occur by reason of my participation

I do hereby waive, release and forever discharge to Lexie Sparrow of Wild Sparrow Wellness from any and all responsibilities or liability for any present and future injuries or damages resulting or arising from my participation in any activities including but not limited to use of the nutrition guide, exercise, personal training or use of the equipment including any injuries and damages caused by the negligent act or omission of any of those persons or entities mentioned above.

Personal Training Policies and Procedure

Packages must be paid in full prior to having the online package PDF files emailed to you.

Online package PDF files may be printed out for personal use, but are not to be distributed to any other individuals other than the purchaser.

I declare that I have read, understand and agree to the contents of this Personal Training Agreement in its entirety. I understand that the Assumption of Risk, Waiver of Liability, and Personal Training Policies and Procedures are intended to be as broad and inclusive as permitted by the Province of Manitoba and agree that if any portion is held invalid, the remainder will continue in full force and effect.

You understand that:

1. Waiver: In consideration of using our website resources and exercise instruction including but not limited to sessions including Cardio, Aerobics, Weight Work, Stretching, Resistance and Strength, Nutritional Advice, Cooking/ Nutritional Classes and all other services of Wild Sparrow Wellness, you, your heirs, personal representatives or assigns, (herein after referred to as “You” and “Your”) do hereby release, waive, discharge, and covenant not to sue Wild Sparrow Wellness, and/or their owners, directors, officers, employees, and agents from liability from any and all claims including the negligence of Wild Sparrow Wellness resulting in personal injury, humility, accidents or illnesses (including death), and financial loss arising from, but not limited to, participation in activities, training sessions, observation, workout videos, use of fitness equipment and suggested health and fitness products and recipes.

2. Assumption of Risk: Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries.  Wild Sparrow Wellness provides services and activities such as weight lifting, aerobic activities, hiking, walking, running, nutritional classes, and stretching. Some of these involve strenuous exertions of the cardiovascular system and muscular strength using various muscle groups.  In addition, you fully understand that at any time during the physical activity, Wild Sparrow Wellness may make suggestions to improve your fitness program, correct your form and improve your technique. If you wish to not adhere to these suggestions, you will inform Wild Sparrow Wellness or will not take part in the services provided by Wild Sparrow Wellness.  You will never force or strain during exercise, and will consult a physician immediately upon experiencing any pain or discomfort.  You have read the assumption of risk section and you know, understand, and appreciate these and other risks that are inherent in the activities, services and suggestions made possible by Wild Sparrow Wellness and hereby assert that your participation is voluntary and that you knowingly assume all such risks.

3. You have been examined by a licensed physician within the past 6 months and been found by such physician to be in good health and fully able to exercise.

4. In the event that you are pregnant, you will not participate in any of Wild Sparrow Wellness’s programs until you have discussed the potential risks to you unborn child/fetus with your obstetrician. You agree that you will follow your obstetrician’s recommendations and on behalf of yourself, your heir, spouse or other interested party hold harmless Wild Sparrow Wellness for any possible injury to yourself or my unborn child/fetus. You further acknowledge that pregnant women should not practice twists or any abdominal tightening poses.

5. You acknowledge and hereby affirm that you are at least 18 years of age. If you are under 18 years old, we require a parent or legal guardian to read and accept these terms and conditions.

6. Indemnification and Hold Harmless: You also agree to INDEMNIFY AND HOLD WILD SPARROW WELLNESS HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, brought as a result of your involvement with Wild Sparrow Wellness and to reimburse Wild Sparrow Wellness for any such expenses incurred. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

9. In order to access our Materials, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Materials. You agree that any information you provide will always be accurate, correct, and up to date.

10. Accessing (or attempting to access) any of our Materials by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Materials through any automated, unethical or unconventional means.

11. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Materials is strictly prohibited.

12. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

13. We may provide various open communication tools on our website, such as blog comments, blog posts, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

    1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit languages

    2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

    3. Contains any type of unauthorized or unsolicited advertising;

    4. Impersonates any person or entity, including any http://www.wildsparrowwellness.com employees or representatives.

14. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

15. You agree to check with your doctor and have it cleared before beginning any new exercise or diet program. Wild Sparrow Wellness is not a doctor or registered dietician, the services provided by Wild Sparrow Wellness are opinion based and they do not claim to diagnose, treat, or cure any cause, condition or disease. All suggestions provided are for informational purposes only; they are not to be confused with medical advice. Always communicate with your doctor to make any decisions or changes regarding your health, as your doctor is the only one who knows what is right for you.

Copyrights/Trademarks

All content and materials available on http://www.wildsparrowwellness.com/ including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Wild Sparrow Wellness (unless other wise stated). Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Wild Sparrow Wellness. 

Acknowledgment of Understanding: 

You have read the Online Person Training & Nutrition Plans/Client Agreement, Waiver, Assumption of Risk, Hold Harmless Agreement and all other Terms & Conditions listed above and fully understand its terms, and understand that you are giving up substantial rights, including your right to sue.  You acknowledge that you are agreeing to these terms and conditions freely and voluntarily, and agree to unconditional release of all liability to the greatest extent allowed by law.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

lexie@wildsparrowwellness.com