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Terms of Use

Terms of Use

Last Updated: September 29, 2025

1. Acceptance of Terms

By accessing and using davewatkeys.com and our fitness coaching services (“Services”), you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use our Services.

2. Description of Services

Dave Watkeys provides online and in-person fitness coaching, training programs, nutritional guidance, and related wellness services. Our Services utilize the Trainerize platform for program delivery and client management, while payments are processed through our separate secure backend system.

3. Eligibility

You must be at least 18 years of age to use our Services. If you are under 18, you may only use our Services with the involvement and consent of a parent or legal guardian.

4. Account Registration

4.1 Account Creation

To access our Services, you must:

  • Provide accurate, current, and complete information
  • Maintain and update your information as necessary
  • Keep your login credentials confidential
  • Notify us immediately of any unauthorized access

4.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

5. Medical Disclaimer and Assumption of Risk

5.1 Not Medical Advice

Our Services are not a substitute for professional medical advice, diagnosis, or treatment. Always consult with a qualified healthcare provider before beginning any fitness program.

5.2 Health Representations

By using our Services, you represent that:

  • You are physically capable of participating in fitness training
  • You have disclosed all relevant medical conditions and injuries
  • You have obtained medical clearance if recommended by your healthcare provider

5.3 Assumption of Risk

Physical exercise involves inherent risks. You voluntarily assume all risks of injury or harm that may result from participation in our training programs.

6. Payment Terms

6.1 Pricing

Current pricing for our Services is available on our website or through direct communication with our coaches. We reserve the right to modify pricing with 30 days’ notice to existing clients.

6.2 Payment Processing

Payments are processed through our secure custom backend system. By providing payment information, you authorize us to charge the applicable fees for your selected services.

6.3 Recurring Payments

For subscription-based services:

  • You authorize automatic recurring charges
  • You are responsible for ensuring sufficient funds are available
  • You must cancel before the next billing cycle to avoid charges

6.4 Failed Payments

If a payment fails, we may:

  • Suspend access to Services until payment is received
  • Attempt to process payment using alternative methods on file
  • Terminate your subscription after repeated failed payments

7. Use of Trainerize Platform

Our Services utilize Trainerize for program delivery. Your use of the Trainerize platform is subject to their Terms of Service and Privacy Policy. We are not responsible for Trainerize’s performance, availability, or data practices.

8. Intellectual Property

8.1 Our Content

All content provided through our Services, including training programs, videos, written materials, and proprietary methodologies, is owned by Dave Watkeys and protected by copyright and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our content solely for your personal fitness purposes. You may not:

  • Reproduce, distribute, or publicly display our content
  • Create derivative works or modifications
  • Share your account access with others
  • Use our content for commercial purposes

8.3 Your Content

You retain ownership of any content you upload (such as progress photos). By uploading content, you grant us a license to use it for providing Services and improving our programs.

9. Prohibited Conduct

You agree not to:

  • Violate any applicable laws or regulations
  • Impersonate any person or entity
  • Transmit harmful code, viruses, or malware
  • Attempt unauthorized access to our systems
  • Harass, abuse, or harm others
  • Use our Services for any unlawful purpose

10. Termination

10.1 By You

You may terminate your account at any time by providing written notice. Termination is subject to our Refund and Cancellation Policy.

10.2 By Us

We may suspend or terminate your access immediately if:

  • You breach these Terms of Use
  • You engage in prohibited conduct
  • Your account shows fraudulent activity
  • Required by law or regulatory authority

11. Limitation of Liability

To the fullest extent permitted by South African law:

  • Our Services are provided “as is” without warranties of any kind
  • We are not liable for any indirect, incidental, or consequential damages
  • Our total liability shall not exceed the amount you paid for Services in the 12 months preceding the claim
  • We are not liable for third-party services, including Trainerize

Nothing in these terms excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under South African law.

12. Indemnification

You agree to indemnify and hold harmless Dave Watkeys, its coaches, and affiliates from any claims, damages, losses, or expenses arising from:

  • Your use of our Services
  • Your breach of these Terms
  • Your violation of any third-party rights

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the Republic of South Africa.

13.2 Dispute Resolution

Any disputes shall first be attempted to be resolved through good faith negotiation. If unsuccessful, disputes may be submitted to mediation or the appropriate South African courts.

14. Consumer Protection Act Rights

Nothing in these Terms limits your rights under the South African Consumer Protection Act, 2008 (CPA). Where these Terms conflict with the CPA, the CPA provisions shall prevail.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or website notification. Continued use of our Services after changes constitutes acceptance of the modified Terms.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

17. Contact Information

For questions about these Terms:

Dave Watkeys
Email: info [at] davewatkeys [dot] com

18. Entire Agreement

These Terms, together with our Privacy Policy and Refund and Cancellation Policy, constitute the entire agreement between you and Dave Watkeys regarding use of our Services.