By accessing, browsing, registering, subscribing to, or using any services provided by Muscle Kit Fitness (hereinafter referred to as the “Coach” or “Service Provider”), you (hereinafter referred to as the “Client” or “User”) expressly acknowledge, declare, and agree that you have read, understood, and voluntarily accepted this Terms of Use, Liability Waiver and Digital Consent Agreement in its entirety, and that your act of clicking on the “I Agree” checkbox, registering on the platform, making any payment, or continuing to use the services in any manner whatsoever shall constitute a valid, binding, and enforceable electronic contract under applicable law, including the provisions of the Information Technology Act, 2000, with the same legal effect as a physically signed written agreement, and if you do not agree to these terms, you must immediately discontinue use of the services.
The Client acknowledges that the Service Provider offers online fitness-related services, including but not limited to gymnastics training guidance, exercise programming, workout routines, diet suggestions, and general wellness consultation, all of which are rendered strictly through virtual means such as video calls, digital communication, online platforms, and pre-recorded or written content without any physical supervision, monitoring, or control over the Client’s activities, and that such services are advisory in nature and do not involve any hands-on training or real-time monitoring of exercise execution, and accordingly the Service Provider shall not be responsible for ensuring proper form, posture, or safety during the Client’s performance of any activity.
The Client expressly acknowledges and agrees that all workout plans, diet charts, and fitness advice provided by Muscle Kit Fitness are prepared based on general research, publicly available information, practical experience, and fitness understanding, and not necessarily on any formal medical, clinical, or regulated professional qualification, and the Client understands that the Services are not rendered in the capacity of a certified medical practitioner, licensed dietician, or regulated healthcare professional, and accordingly agrees that Muscle Kit Fitness shall not be held responsible or liable for any consequences, complications, or outcomes arising from reliance on such research-based advice.
The Client confirms that participation in any program, routine, or consultation provided by the Coach is entirely voluntary and undertaken at their sole discretion, and that they have been sufficiently informed about the nature of the activities involved and the potential risks associated therewith, and the Client provides informed consent to participate in such activities with full awareness that the Coach does not exert any control over the Client’s physical environment, equipment usage, or physical condition during such participation.
The Client understands and acknowledges that engaging in physical exercise, gymnastics training, and dietary modifications involves inherent and significant risks, including but not limited to muscle strain, ligament injuries, fractures, cardiovascular complications, dehydration, fatigue, illness, or other unforeseen medical conditions, and that improper execution of exercises, overexertion, or failure to follow instructions correctly may increase the likelihood of such risks, and accordingly the Client voluntarily assumes all such risks, whether known or unknown, foreseeable or unforeseeable, and agrees to bear full responsibility for any consequences arising therefrom.
The Client expressly agrees and acknowledges that the Service Provider is not a licensed medical practitioner, healthcare provider, physiotherapist, or certified dietician, and that no information, advice, or recommendation provided shall be construed as medical advice, diagnosis, or treatment, and the Client undertakes that they have consulted, or shall consult, a qualified medical professional prior to commencing any fitness or dietary program, and that the Service Provider shall not be liable for any consequences arising from failure to seek such consultation or from any pre-existing or undisclosed medical condition.
To the fullest extent permissible under applicable law, the Client agrees that Muscle Kit Fitness, its owners, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, consequential, punitive, or special damages, including but not limited to injury, illness, disability, loss of life, loss of income, business interruption, or emotional distress arising out of or in connection with the use of the services, and the Client hereby irrevocably waives any and all present or future claims against the Service Provider, including claims arising from negligence, omission, reliance on advice, or improper execution of exercises.
The Client agrees to indemnify, defend, and hold harmless the Service Provider from and against any and all claims, liabilities, damages, losses, costs, and expenses, including legal fees, arising out of or in connection with the Client’s participation in the services, misuse of instructions, breach of this Agreement, violation of applicable law, or infringement of any third-party rights, and such obligation shall survive termination of the relationship.
The Client undertakes that all information provided by them, including but not limited to health status, medical history, fitness level, and dietary restrictions, is true, complete, and accurate, and acknowledges that the safety and effectiveness of the services depend upon such disclosures, and the Service Provider shall not be responsible for any consequences arising from inaccurate, incomplete, or misleading information furnished by the Client.
The Client acknowledges that all services are delivered remotely and that the Service Provider has no physical presence or supervisory control over the Client’s activities, and accordingly the Client assumes full responsibility for maintaining a safe environment, using appropriate equipment, and ensuring correct execution of exercises, and the Service Provider shall not be liable for any accidents, injuries, or damages occurring due to unsafe surroundings, faulty equipment, or improper technique.
The Client expressly agrees that no guarantees or assurances have been made regarding any specific results, including but not limited to weight loss, muscle gain, or improvement in fitness levels, and that results may vary depending on individual factors such as discipline, consistency, genetics, lifestyle, and adherence to instructions.
The Client acknowledges that all materials, including workout plans, diet charts, instructional videos, digital content, and communication provided by Muscle Kit Fitness, are the exclusive intellectual property of the Service Provider and shall not be copied, reproduced, distributed, or commercially exploited without prior written consent, failing which the Service Provider shall be entitled to initiate appropriate legal action.
The Service Provider reserves the absolute right to suspend or terminate the provision of services at any time without prior notice in the event of breach of this Agreement, misuse of services, inappropriate conduct, or any action deemed detrimental to its interests, and the Client agrees that such termination shall not give rise to any liability on the part of the Service Provider.
This Agreement shall apply globally to all Clients accessing the services from any jurisdiction; however, it shall be governed by and construed in accordance with the laws of India, and the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in connection with this Agreement, and the Client hereby irrevocably submits to such jurisdiction.
The Client expressly agrees and acknowledges that acceptance of this Agreement through electronic means, including clicking acceptance buttons, email confirmations, or continued use of the services, shall constitute valid and binding consent and shall be admissible as evidence in any legal proceedings, and the Client waives any objection to the validity or enforceability of this Agreement on the ground that it is executed electronically.