FITREAT HEALTH & FITNESS WAIVER, MEDICAL DISCLAIMER AND HEALTH DATA CONSENT
1. Introduction
This Health & Fitness Waiver, Medical Disclaimer and Health Data Consent ("Agreement") constitutes a legally binding agreement between the User and the applicable entity forming part of the Fitreat Group (collectively referred to as "Fitreat," "Company," "we," "our," or "us"), governing the User's participation in the Company's health, fitness, nutrition, wellness and related Services. This Agreement establishes the respective rights, responsibilities and acknowledgements of the parties concerning participation in the Services, the inherent risks associated with physical activity and wellness programmes, the limitations of the Services provided by the Company, and the processing of health-related information necessary for the delivery and continuous improvement of such Services.
The Company is committed to promoting responsible participation in health and fitness activities while recognising that every individual's physical condition, medical history, nutritional requirements, fitness level and health objectives differ significantly. Accordingly, the Services are designed to provide educational resources, structured programmes, coaching, technological tools and wellness guidance intended to support Users in pursuing their personal health and fitness goals. The Company does not undertake to diagnose medical conditions, prescribe treatment, replace professional medical care or guarantee any particular health, fitness or wellness outcome.
This Agreement is intended to ensure that every User fully understands the nature of the Services, voluntarily acknowledges the inherent risks associated with participation in physical activity and wellness programmes, provides informed consent where required, and understands the Company's policies regarding the collection, use and processing of health-related information.
2. Purpose of this Agreement
The purpose of this Agreement is to ensure that every User makes an informed decision before participating in any Service offered through the Fitreat Platform. This Agreement explains the medical limitations applicable to the Company's Services, sets out important safety information relating to participation in physical activity, nutrition and wellness programmes, records the User's acknowledgement and voluntary assumption of risks inherent in such participation, and establishes the User's explicit consent regarding the collection and processing of health-related information where required by applicable law.
This Agreement further seeks to allocate responsibilities appropriately between the Company and its Users by recognising that successful participation in health and fitness programmes depends upon numerous factors beyond the Company's control, including the User's medical condition, lifestyle choices, adherence to programme recommendations, genetic characteristics, environmental factors and personal commitment. Nothing contained herein shall be interpreted as limiting any rights that cannot lawfully be excluded under applicable law.
3. Relationship with Other Platform Policies
This Agreement forms an integral part of the Fitreat Terms and Conditions and shall be read together with the Privacy Policy, Community Guidelines, Grievance Redressal Policy, Refund and Cancellation Policy and every other Platform Policy published by the Company from time to time. Collectively, these documents govern the relationship between the Company and the User and establish the legal framework applicable to the use of the Platform and the Services.
In the event of any inconsistency between this Agreement and the Terms and Conditions concerning matters specifically relating to health risks, medical disclaimers, informed consent, assumption of risk or the processing of health-related information, the provisions of this Agreement shall prevail to the extent of such inconsistency. Matters relating to privacy and personal information shall additionally be governed by the Privacy Policy, which shall apply concurrently with this Agreement.
4. Scope and Applicability
This Agreement applies to every individual who accesses, registers for, purchases, subscribes to, participates in or otherwise uses any Service made available through the Fitreat Platform, irrespective of whether such Services are provided digitally, physically, remotely, through live sessions, recorded content, artificial intelligence systems, wearable device integrations, corporate wellness programmes, children's programmes or any future services introduced by the Company.
This Agreement applies regardless of whether participation occurs on a complimentary, trial, promotional, subscription-based or paid basis and remains applicable throughout the User's continued use of the Services unless expressly replaced or withdrawn by the Company. Users participating through employers, educational institutions, healthcare organisations or other third-party arrangements shall remain individually bound by this Agreement unless otherwise expressly provided in writing.
5. Nature of the Services
The Services provided by the Company are intended to promote general health awareness, physical fitness, nutrition education, behavioural improvement and overall wellness through educational materials, structured programmes, coaching services, digital tools, artificial intelligence technologies, community engagement and related resources. Depending upon the Services selected by the User, the Company may provide workout programmes, nutritional guidance, lifestyle recommendations, educational articles, fitness tracking tools, wellness assessments, coaching sessions, motivational resources and other health-related content designed for informational and educational purposes.
The Company does not operate as a hospital, clinic, medical practice, diagnostic centre, emergency medical service or healthcare institution. Except where expressly stated in writing, no Service shall be interpreted as constituting medical diagnosis, medical treatment, disease prevention, rehabilitation services, prescription of medication or any other regulated healthcare service. Users remain solely responsible for obtaining appropriate medical advice from qualified healthcare professionals regarding any medical condition, symptoms or treatment decisions.
6. Acceptance of this Agreement
By creating an account, enrolling in any programme, purchasing or subscribing to any Service, clicking "I Agree," executing this Agreement electronically, continuing to access or use the Platform after being presented with this Agreement or otherwise participating in any Service offered by the Company, the User acknowledges that they have carefully read, understood and voluntarily accepted the terms of this Agreement. The User further acknowledges that they have had sufficient opportunity to review this Agreement, seek independent advice where considered appropriate and make an informed decision regarding participation in the Services.
Where applicable law requires explicit consent for particular activities, including the processing of health-related information or participation in specific programmes, the Company may require separate acknowledgements, electronic confirmations or additional consent mechanisms before permitting access to the relevant Services. Failure or refusal to provide any legally required consent may prevent the Company from providing certain Services where such consent is necessary for their safe or lawful delivery.
7. No Medical Advice
The Services made available through the Fitreat Platform are intended solely for general educational, informational, motivational and wellness purposes. Nothing contained within the Platform, including workout programmes, nutrition plans, meal suggestions, coaching sessions, wellness assessments, health articles, videos, artificial intelligence-generated recommendations, community discussions, progress tracking tools or any other materials made available by the Company, shall constitute medical advice, medical diagnosis, medical treatment or the practice of medicine.
The Company does not recommend that Users rely exclusively upon any information available through the Platform for making medical decisions. Health-related decisions should always be made after considering the User's individual medical circumstances and, where appropriate, in consultation with qualified healthcare professionals. Users should never disregard, delay or discontinue professional medical advice or treatment because of information obtained through the Platform. The Services are intended to complement, and not replace, professional healthcare. Nothing contained in the Platform should be interpreted as encouraging Users to substitute the Services for consultations with licensed physicians, surgeons, specialists, psychologists, psychiatrists, physiotherapists, registered dietitians or other appropriately qualified healthcare professionals.
8. No Doctor Patient Relationship
The use of the Platform or participation in any Service shall not create, and shall not be construed as creating, a doctor-patient relationship, physician-patient relationship or any other legally recognised healthcare relationship between the User and the Company, the Fitreat Group or any employee, consultant, coach, trainer, nutritionist, contractor or representative associated with the Company.
Any interactions between Users and the Company's personnel are intended solely for educational, motivational, coaching or wellness purposes and shall not be interpreted as professional medical consultations or clinical treatment. The Company does not undertake responsibility for diagnosing illnesses, prescribing medication, interpreting laboratory investigations, managing medical emergencies or providing clinical opinions regarding any disease, injury or medical condition.
Where Users require medical evaluation, diagnosis, treatment or emergency healthcare, they shall seek assistance directly from qualified medical practitioners or emergency medical services without delay.
9. No Dietitian–Patient, Nutritionist–Patient or Therapeutic Relationship
Nutrition guidance, meal planning, dietary recommendations and wellness coaching provided through the Platform are designed to support general health and wellness objectives and shall not constitute clinical nutrition therapy, therapeutic dietary intervention or personalised medical nutrition treatment unless expressly stated otherwise under a separate written agreement with an appropriately qualified professional.
Dietary recommendations made available through the Platform are based upon general wellness principles and the information voluntarily provided by the User. Such recommendations may not be appropriate for every individual, particularly those suffering from chronic illnesses, food allergies, metabolic disorders, eating disorders, gastrointestinal conditions, kidney disease, liver disease, pregnancy-related complications or other medical conditions requiring specialised dietary supervision.
Users acknowledge that they remain solely responsible for consulting appropriately qualified healthcare professionals before making significant dietary changes where their medical circumstances reasonably require such consultation.
10. No Healthcare Provider Relationship
The Company does not function as a hospital, nursing home, clinic, rehabilitation centre, emergency medical service, diagnostic laboratory, pharmacy or healthcare institution. Except where expressly identified in writing, the Services do not constitute healthcare services regulated under applicable medical laws or professional licensing statutes.
The Company's coaches, trainers, wellness consultants and support personnel provide educational and motivational assistance within the scope of the Services offered by the Platform and do not replace licensed healthcare providers responsible for diagnosing, treating or managing diseases or medical conditions.
Users acknowledge that the Company's Services should be regarded as supportive wellness resources and not as substitutes for comprehensive healthcare delivered by appropriately licensed medical professionals.
11. User Responsibility for Personal Health
Every User acknowledges that participation in health, fitness and wellness activities requires the exercise of sound personal judgment and individual responsibility. The User remains solely responsible for determining whether participation in any programme, activity, recommendation or exercise is appropriate having regard to their age, physical condition, medical history, medications, injuries, disabilities, pregnancy status, fitness level and any other personal health circumstances.
The Company relies substantially upon information voluntarily provided by the User when delivering personalised recommendations and therefore cannot independently verify the completeness, accuracy or current status of the User's health information. Users undertake to provide truthful, accurate and complete information regarding their health and to promptly update such information where material changes occur during participation in the Services.
The Company shall not be responsible for adverse consequences arising from incomplete, inaccurate or misleading information supplied by the User or from the User's failure to disclose material medical conditions or health-related information reasonably relevant to the Services.
12. Medical Clearance Before Participation
The Company strongly recommends that every User obtain appropriate medical clearance from a qualified healthcare professional before commencing any exercise programme, nutrition programme, wellness challenge or other physically demanding activity made available through the Platform, particularly where the User has not engaged in regular physical activity for an extended period.
Medical clearance is especially recommended for Users who have been diagnosed with cardiovascular disease, hypertension, diabetes, respiratory disorders, neurological disorders, musculoskeletal injuries, obesity, pregnancy-related complications, recent surgery, chronic pain, epilepsy or any other medical condition that may reasonably increase the risks associated with physical activity.
Where a qualified healthcare professional advises against participation in any activity or recommends specific limitations, the User agrees to comply with such medical advice and shall not rely upon the Company's Services in contradiction of professional medical recommendations.
13. Voluntary Participation and Informed Consent
The User acknowledges that participation in the Company's Services is entirely voluntary and undertaken of the User's own free will after having had sufficient opportunity to understand the nature of the Services, the associated risks and the limitations described in this Agreement.
The User further acknowledges that they have carefully considered their own physical condition, health objectives and medical circumstances before electing to participate and that they understand participation may involve physical exertion, changes to dietary habits, behavioural modifications and other activities capable of affecting physical or mental well-being.
The User expressly confirms that they participate with full knowledge of the inherent risks associated with health, fitness and wellness activities and voluntarily accepts responsibility for decisions made while using the Services.
14. Acknowledgement of Inherent Risks
The User acknowledges that participation in exercise programmes, strength training, cardiovascular activities, flexibility exercises, functional fitness, nutritional programmes, weight management initiatives, wellness coaching and similar activities inherently involves risks that cannot be entirely eliminated irrespective of the degree of supervision, instruction or safety precautions implemented by the Company.
Such risks may include, without limitation, muscle soreness, muscle strains, ligament injuries, tendon injuries, fractures, joint injuries, falls, dizziness, dehydration, fatigue, cardiovascular complications, allergic reactions, aggravation of pre-existing medical conditions, psychological distress and, in rare cases, serious injury, permanent disability or death.
The User understands that the Company cannot guarantee a risk-free environment and acknowledges that participation necessarily involves acceptance of these inherent risks.
15. Voluntary Assumption of Risk
Having carefully considered the nature of the Services and the inherent risks described herein, the User voluntarily and knowingly assumes all ordinary and inherent risks associated with participation in the Company's Services to the fullest extent permitted by applicable law.
The User accepts responsibility for monitoring their own physical condition during participation, exercising appropriate caution, discontinuing activities where pain, discomfort or other concerning symptoms arise and seeking appropriate medical attention whenever reasonably necessary. Nothing contained in this Agreement shall be interpreted as requiring the User to continue any activity that they reasonably believe may endanger their health or safety.
The User acknowledges that their decision to participate is made freely and voluntarily without reliance upon any representation, guarantee or assurance by the Company that participation will be entirely free from risk or result in any particular health, fitness or wellness outcome.
16. Exercise, Physical Activity and Fitness Risks
The User acknowledges that participation in exercise programmes, fitness challenges, strength training, resistance exercises, cardiovascular activities, flexibility training, yoga, mobility exercises, sports conditioning, functional fitness programmes and other physical activities offered through the Platform involves inherent physical risks that cannot be entirely eliminated. The intensity and nature of such activities may vary depending upon the programme selected, the User's fitness level and the information provided by the User.
Participation in physical activity may result in fatigue, muscle soreness, muscle strains, ligament injuries, tendon injuries, sprains, fractures, joint injuries, dehydration, dizziness, loss of balance, fainting, cardiovascular complications, aggravation of pre-existing conditions and other temporary or permanent physical injuries. Although the Company endeavours to design programmes using generally accepted fitness principles, the Company cannot guarantee that participation will be free from injury or adverse health consequences.
The User agrees to perform exercises within their own physical capabilities, maintain proper hydration, utilise appropriate equipment where required, exercise caution while participating in workouts and discontinue any activity immediately if pain, dizziness, chest discomfort, breathing difficulties, loss of consciousness or any other concerning symptoms arise. The User further acknowledges that they remain solely responsible for seeking immediate medical attention whenever circumstances reasonably require.
17. Nutrition, Dietary and Lifestyle Risks
The Company may provide nutritional guidance, meal suggestions, educational resources, behavioural coaching, calorie recommendations, hydration advice and other wellness-related information intended to support general health and fitness objectives. Such guidance is educational in nature and is not intended to diagnose, treat, cure or prevent any disease or medical condition.
The User acknowledges that nutritional requirements differ significantly depending upon age, sex, metabolism, medical history, allergies, food intolerances, medications, pregnancy status, cultural preferences and numerous other individual factors. Consequently, nutritional guidance available through the Platform may not be suitable for every individual.
The User remains solely responsible for determining whether dietary recommendations are appropriate for their personal circumstances and for consulting qualified healthcare professionals where specialised dietary supervision is reasonably necessary. The Company shall not be responsible for adverse reactions resulting from food allergies, food intolerances, undisclosed medical conditions or dietary decisions independently made by the User.
18. Supplements, Vitamins and Wellness Products
From time to time, the Platform may provide educational information regarding vitamins, minerals, nutritional supplements, protein products, sports nutrition or other wellness-related products. Unless expressly stated otherwise, such information is provided solely for general educational purposes and shall not constitute medical advice, pharmaceutical advice or a recommendation that any User purchase, consume or rely upon any particular product.
The User acknowledges that supplements may produce different effects depending upon individual physiology, existing medical conditions, concurrent medications, allergies and other personal health factors. Certain supplements may also produce adverse reactions or interact with prescription medicines.
The Company does not guarantee the safety, efficacy, quality or suitability of any third-party supplement or wellness product and strongly recommends that Users consult appropriately qualified healthcare professionals before commencing any supplementation regimen, particularly where medical conditions or prescription medications are involved.
19. Pre-existing Medical Conditions
Users suffering from cardiovascular disease, hypertension, diabetes, obesity, respiratory illnesses, musculoskeletal disorders, neurological conditions, epilepsy, autoimmune diseases, chronic pain, recent surgery, cancer, kidney disease, liver disease, eating disorders or any other significant medical condition acknowledge that participation in health and fitness programmes may involve elevated risks.
The User represents that they have carefully considered their own medical circumstances prior to participation and have obtained appropriate medical advice where reasonably necessary. Where a healthcare professional has prescribed restrictions upon physical activity or dietary practices, the User agrees to comply with such restrictions and shall not participate in any activity contrary to professional medical advice.
The Company shall not be responsible for any adverse consequences arising from a User's failure to disclose relevant medical information or their decision to participate contrary to medical recommendations.
20. Pregnancy, Postpartum Participation and Special Health Circumstances
Users who are pregnant, planning pregnancy, recovering from childbirth or experiencing other significant physiological changes acknowledge that exercise, nutrition and wellness programmes may require specialised medical supervision. Certain exercises, dietary practices and physical activities may be inappropriate or unsafe depending upon individual medical circumstances.
The Company strongly recommends that such Users consult qualified obstetricians, gynaecologists or other appropriate healthcare professionals before participating in any programme made available through the Platform. The Company does not undertake responsibility for determining the suitability of particular activities for pregnant or postpartum Users and relies upon the User to obtain appropriate medical guidance before participation.
21. Mental Health and Psychological Well-being
The Company recognises the importance of mental health in achieving overall wellness. However, the Services are not intended to diagnose, treat or manage psychiatric illnesses, psychological disorders or mental health emergencies. Wellness coaching, motivational support and educational content should not be interpreted as psychological counselling, psychotherapy or psychiatric treatment.
Users experiencing depression, anxiety disorders, eating disorders, substance dependence, suicidal thoughts, self-harm tendencies or other significant mental health concerns should promptly seek assistance from appropriately qualified mental health professionals. The Company shall not be responsible for managing psychiatric emergencies or providing crisis intervention services.
Participation in the Company's Services should never be regarded as a substitute for professional psychological or psychiatric care where such care is reasonably required.
22. Medical Emergencies
The Platform is not designed or intended for the provision of emergency medical services. Users experiencing chest pain, difficulty breathing, severe allergic reactions, loss of consciousness, seizures, significant injuries, symptoms of stroke, heart attack or any other medical emergency shall immediately discontinue use of the Platform and seek assistance from local emergency medical services or the nearest qualified healthcare provider.
The Company does not monitor Users continuously and cannot respond to medical emergencies in real time. Communications submitted through customer support channels, coaching sessions, messaging features or community forums should never be relied upon as a means of obtaining emergency medical assistance.
23. RESULTS DISCLAIMER AND INDIVIDUAL OUTCOMES
Health, fitness and wellness outcomes vary considerably between individuals due to numerous factors beyond the Company's control, including genetics, age, medical history, lifestyle, consistency, nutritional habits, sleep quality, environmental influences, medications and adherence to programme recommendations. Accordingly, the Company makes no representation, warranty or guarantee that any User will achieve particular weight loss, muscle gain, athletic performance, disease prevention, health improvement, physical transformation or other specific outcome through participation in the Services. Testimonials, success stories, before-and-after photographs and transformation images published by the Company or its Users are intended solely to illustrate individual experiences and shall not be interpreted as guarantees of future results.
24. Collection of Health and Wellness Information
In order to provide personalised health, fitness and wellness Services, the Company may collect health and wellness information voluntarily provided by the User or generated through the User's interaction with the Platform. Such information may include, without limitation, age, height, weight, body measurements, fitness goals, exercise history, nutritional preferences, dietary restrictions, allergies, injuries, medical conditions voluntarily disclosed by the User, lifestyle information, sleep patterns, activity levels, heart rate data, wearable device information and other wellness-related information reasonably necessary for providing the Services.
The Company collects such information solely for legitimate purposes connected with the provision, administration, improvement, personalisation and safety of the Services and shall process such information in accordance with applicable law and the Company's Privacy Policy.
25. Explicit Consent to Process Health Data
The User expressly acknowledges that certain categories of information processed by the Company may constitute sensitive personal data, special categories of personal data or health information under applicable privacy and data protection laws.
By accepting this Agreement and, where required, providing any additional explicit consent requested by the Company, the User voluntarily and expressly consents to the collection, recording, organisation, storage, analysis, consultation, use, sharing within the Fitreat Group, transmission, retention and other lawful processing of such health and wellness information for the purposes described in this Agreement, the Privacy Policy and other applicable Platform Policies. The User acknowledges that certain Services cannot reasonably be provided without processing relevant health-related information and understands that refusal to provide such information or withdrawal of consent may limit or prevent the Company's ability to provide particular personalised Services.
26. Artificial Intelligence Processing of Health Information
The User acknowledges that the Company may utilise artificial intelligence systems, machine learning technologies, automated analytical tools and other technological processes to analyse health and wellness information for the purpose of generating personalised recommendations, improving coaching experiences, monitoring programme progression, identifying behavioural trends, enhancing user engagement and improving the quality of the Services.
The User understands that artificial intelligence systems generate recommendations based upon available information and algorithmic analysis and may not account for every individual medical circumstance. AI-generated recommendations should therefore be regarded as educational guidance and should not be interpreted as medical advice or professional healthcare recommendations.
The Company shall implement reasonable technical and organisational safeguards when utilising artificial intelligence technologies but does not warrant that AI-generated outputs will always be complete, accurate or appropriate for every User.
27. Use of Health Information
The Company shall use health and wellness information collected from the User solely for legitimate purposes connected with the provision, administration, improvement and personalisation of the Services. Such purposes may include developing personalised fitness programmes, nutritional recommendations, wellness assessments, coaching support, monitoring programme progression, enhancing artificial intelligence systems, improving user experience, ensuring participant safety, preventing misuse of the Platform, complying with legal obligations and conducting internal research and analytical activities in accordance with applicable law.
The Company shall not use health-related information for purposes materially inconsistent with those described in this Agreement unless otherwise authorised by the User or required or permitted under applicable law. Where anonymisation or aggregation is reasonably practicable, the Company may use anonymised or aggregated information for statistical analysis, product development, scientific research, service improvement and business intelligence, provided that such information no longer identifies the User.
28. Disclosure and Sharing of Health Information
The Company recognises that health information is highly sensitive and shall exercise reasonable care when disclosing or sharing such information. Health-related information may be shared within the Fitreat Group where reasonably necessary for delivering the Services, maintaining operational continuity, customer support, programme administration, technological development, security, legal compliance or other legitimate business purposes consistent with this Agreement and the Privacy Policy.
The Company may further disclose health information to carefully selected service providers, cloud hosting providers, technology vendors, analytics providers, payment processors, customer support partners, professional advisers, auditors or other authorised processors acting on the Company's behalf, provided that such recipients are contractually required to protect such information in accordance with applicable law.
Health information may also be disclosed where required by law, pursuant to lawful orders issued by competent authorities, for the establishment, exercise or defence of legal claims, to investigate suspected fraud or unlawful activities, to protect the safety or rights of Users or third parties or in connection with any merger, acquisition, restructuring or transfer of business involving the Fitreat Group, subject to appropriate safeguards.
29. Withdrawal of Consent
Where the processing of health-related information is based upon the User's consent, the User may withdraw such consent at any time by following the procedures made available by the Company or by contacting the Company through the designated communication channels specified in the Privacy Policy.
The withdrawal of consent shall not affect the lawfulness of any processing undertaken prior to the effective date of withdrawal. The User further acknowledges that withdrawal of consent may prevent the Company from continuing to provide certain personalised or health-related Services where such processing is reasonably necessary for their safe, effective or lawful delivery.
Where the Company is required by law to retain certain information notwithstanding withdrawal of consent, such information shall continue to be retained only for the period and purposes required under applicable law.
30. User Representations and Warranties
The User represents, warrants and undertakes that all health information, medical history, lifestyle information, fitness assessments, dietary information and other personal details voluntarily provided to the Company are true, complete and accurate to the best of the User's knowledge at the time of submission.
The User further undertakes to promptly update any information that becomes materially inaccurate during participation in the Services, including changes relating to injuries, illnesses, medications, pregnancy, allergies, surgeries, medical diagnoses or other health circumstances that may reasonably affect participation in the Company's programmes.
The Company shall be entitled to rely upon the information voluntarily supplied by the User and shall not be responsible for adverse consequences arising from inaccurate, incomplete, outdated or misleading information provided by the User.
31. Release and Waiver of Claims
To the fullest extent permitted by applicable law, the User voluntarily releases, waives and discharges the Company, the Fitreat Group, its directors, officers, employees, trainers, coaches, nutritionists, consultants, contractors, affiliates, successors and assigns from claims, demands, actions, liabilities, damages, losses, costs and expenses arising directly or indirectly from the User's voluntary participation in the Services, except to the extent such claims arise from fraud, wilful misconduct, gross negligence or any liability that cannot lawfully be excluded or limited under applicable law.
The User acknowledges that the Company has made no guarantee regarding the safety of participation beyond the exercise of reasonable care appropriate to the Services offered and that physical activity inherently involves risks which cannot be completely eliminated. Nothing contained in this Agreement shall exclude or limit any statutory rights that cannot lawfully be waived under applicable law.
32. Limitation of Liability
To the maximum extent permitted by applicable law, the Company's liability arising out of or relating to this Agreement, the Services or the User's participation therein shall be limited in accordance with the limitation of liability provisions contained in the Terms and Conditions.
Without prejudice to the foregoing, the Company shall not be liable for injuries, illnesses, allergic reactions, aggravation of pre-existing medical conditions, psychological distress, loss of fitness, loss of anticipated health outcomes or other adverse consequences arising from the User's failure to follow professional medical advice, failure to disclose relevant health information, misuse of the Services, non-compliance with programme instructions or participation in activities beyond the User's physical capabilities.
Nothing contained herein excludes liability for matters that cannot lawfully be excluded under applicable law.
33. Indemnity
The User agrees to indemnify, defend and hold harmless the Company, the Fitreat Group, its directors, officers, employees, consultants, coaches, nutritionists, contractors and authorised representatives from and against all claims, liabilities, losses, damages, costs and expenses, including reasonable legal fees, arising out of or relating to the User's breach of this Agreement, the User's negligent or unlawful conduct, the submission of false or misleading health information, the misuse of the Services or any violation of applicable law or the rights of third parties.
This indemnity shall survive the termination of the User's participation in the Services to the extent necessary to give effect to its purpose.
34. Children's Programmes Where the Services are provided to minors through children's programmes, sports academies or similar initiatives, participation shall be subject to the informed consent of the child's parent or lawful guardian in accordance with applicable law.
Parents and guardians acknowledge that children naturally possess differing physical abilities, developmental characteristics and health requirements. They remain responsible for disclosing relevant medical information, supervising the child's participation where appropriate and ensuring that the child receives suitable medical care whenever necessary.
Nothing contained in this Agreement transfers parental responsibilities to the Company or creates any obligation upon the Company to supervise children beyond the scope of the Services expressly undertaken.
35. Corporate Wellness Programmes
Users participating through corporate wellness programmes acknowledge that this Agreement applies equally to such participation unless expressly modified by a written agreement between the Company and the relevant corporate client.
The Company shall administer individual health information independently and shall not ordinarily disclose identifiable employee health information to employers except with the User's consent, where required under applicable law, or where disclosure is expressly authorised under the governing contractual arrangements and consistent with the Privacy Policy.
Participation in employer-sponsored wellness initiatives shall remain voluntary unless otherwise required under applicable law or the applicable employment relationship.
36. Amendments
The Company reserves the right to amend, modify, supplement or replace this Agreement from time to time in order to reflect changes in applicable law, regulatory guidance, medical knowledge, technological developments, operational practices or the Services provided through the Platform. Revised versions shall become effective upon publication on the Platform or on such later date as may be specified by the Company. Continued use of the Services after such effective date shall constitute acceptance of the revised Agreement to the extent permitted by applicable law.
37. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws applicable to the contracting entity within the Fitreat Group providing the relevant Services. Where the contracting entity is Fitreat Couple Private Limited, this Agreement shall be governed by the laws of India.
Any dispute arising out of or relating to this Agreement shall be resolved in accordance with the dispute resolution provisions contained in the Fitreat Terms and Conditions, which are incorporated herein by reference.
38. Contact Information
Users requiring clarification regarding this Agreement, wishing to withdraw consent, exercise privacy rights, report concerns or seek assistance concerning any matter addressed herein may contact the Company through the official communication channels published on the Platform or specified in the Privacy Policy.
Where a request concerns the processing of health-related information, the Company shall endeavour to respond in accordance with applicable data protection laws and its internal compliance procedures.
39. Interpretation and Severability
This Agreement shall be interpreted in a manner that promotes participant safety, informed decision-making and compliance with applicable law. Headings are included solely for convenience and shall not affect interpretation. References to the singular include the plural and vice versa where the context so requires. If any provision of this Agreement is declared invalid, unlawful or unenforceable by a court or competent authority, such provision shall be severed only to the extent necessary, and the remaining provisions shall continue in full force and effect.
40. Incorporation into the Terms and Conditions
This Health & Fitness Waiver, Medical Disclaimer and Health Data Consent forms an integral and inseparable part of the Fitreat Terms and Conditions and shall be read together with the Privacy Policy, Community Guidelines, Grievance Redressal Policy, Refund and Cancellation Policy and every other Platform Policy published by the Company from time to time.
By accepting the Fitreat Terms and Conditions, the User acknowledges that they have had the opportunity to review this Agreement and agree to be bound by its provisions. Such acceptance shall constitute the User's acknowledgement of the medical disclaimers, assumption of risks, waivers, representations, health-related disclosures and, where applicable law permits or requires, their consent to the collection, use and processing of health and wellness information as described in this Agreement and the Privacy Policy.
Nothing contained in this Agreement shall be construed as limiting any mandatory rights or protections available to the User under applicable law or as dispensing with any separate or explicit consent that may be required by applicable law for the processing of sensitive personal data or participation in specific Services. Where such separate consent is legally required, the Company may obtain the same through additional acknowledgements, electronic confirmations or other appropriate consent mechanisms before providing the relevant Services.