NSD ONLINE CLASSES LEGAL TERMS & CONDITIONS
By signing up to Never Stop Dancing Online classes, I agree each and every time to the following:
1. I intend to participate in an NSD Online class or classes offered by Virginia Keast Fitness Ltd, trading as Never Stop Dancing (NSD). I recognize that all NSD classes require physical exertion that may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved.
2. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in any NSD class. I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in any NSD class.
3. I understand that it is my responsibility to ensure that the physical environment I am in when I participate in any NSD class is appropriate and is a suitable and safe environment in which to dance and exercise. I also understand that it is my responsibility to ensure that the clothing/attire and footwear that I wear when participating in any NSD class, is appropriate, suitable and safe for me to dance and exercise in, and that any equipment I use is appropriate, suitable and safe for me to use.
4. In consideration of being permitted to participate in NSD classes, I agree to assume full responsibility for any risks, injuries or damages (known or unknown), property damage or loss of any kind which I may incur as a result of participating in NSD classes facilitated by NSD, Virginia Keast, staff and instructors.
5. In further consideration of being permitted to participate in NSD classes, I knowingly, voluntarily and expressly waive (to the extent possible under New Zealand law) any claim I may have against NSD, Virginia Keast, staff and instructors for any injuries or damages (known or unknown), property damage or loss of any kind that I may sustain as a result of participating in any NSD class.
6. This is a legally binding Release, Waiver, Discharge and Covenant Not to Sue (collectively “Release”) agreement with NSD, Virginia Keast, staff and instructors for any injury, death, property damage or loss of any kind caused by my voluntary participation in any NSD class. This Release, Waiver, Discharge and Covenant Not to Sue is made voluntarily by me, the Releaser, on my own behalf, and on behalf of my heirs, executors, administrators, and legal representatives.
7. I hereby hold harmless and release and forever discharge NSD, Virginia Keast, staff and instructors from all claims, demands, and causes of action (to the extent permitted by New Zealand law) which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
8. I acknowledge that NSD Online classes are intended for home dance / exercise purposes only. I understand and acknowledge that no permission is given for any other use. In particular (but without limitation), I agree not to copy, reproduce, perform, broadcast, re-use, teach, represent as my own, modify, republish, transmit, share or distribute any material from any NSD class or classes, or share any url or link associated with any NSD class or classes, without the express written permission of NSD or the legal owner of that material.
9. I acknowledge that if I sign up for an NSD Online Monthly Plan, that the price for that plan will be deducted automatically from my bank account every month, unless & until I cancel that plan by emailing NSD at the email address set out on this website. If I cancel my NSD Online Plan, I acknowledge and understand that I will not receive a refund, but I will be able to continue to have access to the NSD Online membership page and the videos available on that page at that time, up until the end of the last period paid for by me.
I have read the above release, waiver of liability and assumption of risk, fully understand its contents and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am making this agreement freely and voluntarily and intend by signing up to NSD Online classes to the complete and unconditional release of all liability to the extent permitted by New Zealand law. I voluntarily agree to the terms and conditions stated above. This agreement remains in effect for as long as I participate in any NSD classes offered by NSD, Virginia Keast, staff and instructors, and beyond. I agree that New Zealand law will apply to any action relating to this waiver. I agree that if any part of this waiver should be found to be invalid or inconsistent with any relevant New Zealand law, then the rest of this waiver will remain valid and shall be interpreted to release NSD, Virginia Keast, staff and instructors from any and all liability to the fullest extent possible under New Zealand law.