Terms and Services
Clem Fitness Online Coaching
Assumption of Risk, Waiver of Liability, and Indemnity Agreement
This Agreement is entered into between Clem Fitness Inc. / Clem Duranseaud (“Coach”) and the
undersigned client (“Client”).
By purchasing, accessing, or participating in online coaching services, the Client agrees to the
following:
1. Nature of Services
The Client acknowledges that:
• Coaching is delivered remotely (e.g., Trainerize, email, video, messaging platforms)
• The Coach does not provide in-person supervision
• The Coach cannot control or assess the Client’s training environment, equipment, or
execution in real time
The Client accepts full responsibility for how they implement all guidance.
2. Medical Disclaimer and Health Declaration
The Client confirms that:
• They are in good physical condition and able to participate in exercise; OR
• They have obtained approval from a qualified healthcare professional
The Client agrees to:
• Disclose any injuries, medical conditions, limitations, or medications
• Immediately stop exercise if they experience pain, dizziness, shortness of breath, or
discomfort
• Seek medical advice when appropriate
Disclaimer:
The Coach does not provide medical advice, diagnosis, or treatment. All information is for general
fitness and educational purposes only.
3. Assumption of Risk
The Client understands that participation in exercise and fitness activities involves inherent risks,
including but not limited to:
• Muscle strains, sprains, or tears
• Joint injuries
• Cardiovascular events
• Falls or equipment-related injuries
The Client acknowledges that:
• Exercises may be performed without direct supervision• Improper execution or misuse of equipment increases risk
The Client voluntarily assumes all risks of injury, illness, or damage, whether arising from:
• Following the Coach’s programming or advice
• Use of any equipment or facility (home, gym, or otherwise)
• Their own actions or omissions
4. Waiver and Release of Liability
To the fullest extent permitted by law, the Client agrees to:
• Release and discharge the Coach from any and all claims, liabilities, or causes of action
• Including those arising from negligence (but not gross negligence or intentional
misconduct)
This includes, but is not limited to:
• Injury resulting from exercise programming
• Misinterpretation or improper execution of instructions
• Equipment failure or unsafe training environments
• Lack of supervision inherent in online coaching
5. Indemnification
The Client agrees to indemnify and hold harmless the Coach from any claims, damages, losses, or
expenses (including legal fees) arising from:
• The Client’s participation in coaching
• Breach of this Agreement
• Actions taken based on coaching guidance
6. Remote Coaching Acknowledgment
The Client understands and accepts that:
• Form feedback may be limited or delayed
• Communication is not continuous or real-time
• Results depend on Client adherence, effort, and individual factors
7. Age and Legal Capacity
The Client confirms that:
• They are 18 years of age or older, OR
• They have obtained parent/guardian consent
8. Governing Law and Severability
This Agreement shall be governed by the laws of the Province of British Columbia, Canada.If any provision is found to be unenforceable, the remaining provisions shall continue in full force
and effect.
9. Acknowledgment and Consent
The Client confirms that:
• They have read and understood this Agreement
• They understand it is a waiver of legal rights
• They voluntarily agree to all terms
Privacy Policy
Clem Fitness Inc. (“Clem Fitness”, “we”, “us”, or “our”) respects your privacy and is committed to protecting your personal data. This Privacy Policy explains how we collect, use, and safeguard your information when you use our website, coaching services, and related platforms.
1. Information We Collect
We may collect the following types of personal data:
Personal Identification Information
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Name
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Email address
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Phone number (if provided)
Health and Fitness Information
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Height, weight, body metrics
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Fitness goals
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Progress data (including workout performance and photos if shared)
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Lifestyle information (activity levels, habits)
Technical Data
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IP address
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Browser type
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Device information
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Website usage data (via cookies or analytics tools)
Payment Information
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Payments are processed through third-party providers (such as Stripe)
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We do not store full payment card details
2. How We Use Your Information
We use your data to:
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Provide and manage coaching services
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Create personalized training and nutrition programs
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Communicate with you (email, messaging platforms, Trainerize)
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Process payments
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Improve our services and content
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Comply with legal obligations
3. Legal Basis for Processing (UK/EU Users)
If you are located in the UK or EU, we process your data under the following legal bases:
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Consent (e.g., health data and marketing communication)
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Contractual necessity (to deliver coaching services)
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Legitimate interests (to improve services and communication)
You may withdraw consent at any time.
4. How Your Data Is Shared
We may share your data with trusted third-party service providers, including:
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Coaching platforms (e.g., Trainerize)
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Payment processors (e.g., Stripe)
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Email and communication tools
These providers only process your data as necessary to deliver their services.
We do not sell your personal data.
5. Data Storage and Security
We take reasonable technical and organizational measures to protect your personal data. This includes secure platforms and restricted access controls.
However, no method of online transmission or storage is 100% secure, and we cannot guarantee absolute security.
6. Data Retention
We retain your personal data only for as long as necessary to:
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Provide coaching services
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Meet legal, tax, or regulatory requirements
You may request deletion of your data at any time.
7. International Data Transfers
As an online business, your data may be processed outside your country of residence, including Canada and the United States. We take appropriate steps to ensure data protection standards are maintained.
8. Your Rights (UK/EU Users)
You have the right to:
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Access your personal data
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Request correction of inaccurate data
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Request deletion of your data
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Restrict or object to processing
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Request data portability
To exercise these rights, contact: [Insert Your Email Address]
9. Cookies and Tracking
We may use cookies or similar technologies to:
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Improve website performance
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Analyze user behaviour
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Enhance user experience
You can disable cookies through your browser settings.
10. Third-Party Links
Our website or services may contain links to third-party websites or platforms. We are not responsible for the privacy practices of those external sites.
11. Children’s Privacy
Our services are not intended for individuals under 18 without parental consent. We do not knowingly collect data from minors.
12. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. Any updates will be posted on this page with a revised effective date.
13. Contact Information
If you have any questions about this Privacy Policy or your personal data, please contact:
Clem Fitness Inc.
Email: train@clemfitness.com
Website: https://clemfitness.com