Lifting Women Over 40
Please note that separate terms and conditions apply in relation to stand-alone online workout plans. For our privacy policy, please click here.
1. Definitions:
“You/Your” means the client. “Lifting Women Over 40” means Susan C t/a Lifting Women Over 40. “Session” means a personal training session. “Class” means an exercise class (online or in-person). “Monthly Membership” means a recurring subscription for in person or online classes. “Live Online Session” means a real-time virtual session conducted via video call. “Pre-Recorded Content” means any workout, video, or digital content made available for access at any time.
2. Pricing:
Lifting Women Over 40 may change prices, but this won’t affect pre-paid sessions/memberships.
3. Payment:
a. Full payment is required:
(i) For pay-as-you-go sessions/classes: before the session/class.
(ii) For Monthly Membership: in advance by the 1st of the month (or 25th of the preceding month by debit order/bank transfer). Late payment may result in suspended access.
b. Advance payment for discounted multi-month memberships is non-refundable and non-transferable.
c. Accepted methods: online payment, cash, bank transfer.
d. Payments are non-refundable and non-transferable, except where Lifting Women Over 40 exercises its discretion in genuinely exceptional circumstances, such as serious illness or bereavement, and subject to your statutory cancellation rights for online services (see clause 6). Any discretionary refund requests must be submitted in writing with supporting documentation.
4. Session Dates and Times:
a. Session times are agreed between you and Lifting Women Over 40.
b. Sessions start on time; late arrival by you will not extend the session unless agreed by Lifting Women Over 40.
c. If Lifting Women Over 40 is late, the time will be added to the session or a future session.
5. Cancellation Policy:
a. For training sessions, 24 hours’ notice is required for cancellation or rescheduling via email or phone.
b. Notwithstanding clause 5a, where you are unable to attend a session due to a documented medical emergency or serious illness, Lifting Women Over 40 will, at its discretion, offer to reschedule the session without forfeiture of payment. Supporting documentation (such as a medical certificate) may be requested. This exception may be applied a maximum of twice in any rolling 12-month period.
c. Failure to attend or provide sufficient notice will result in forfeiture of payment (or immediate payment due for pay-as-you-go).
d. If Lifting Women Over 40 cancels a session/class, it will be rescheduled or refunded.
e. For Monthly Membership cancellation or downgrade from/to 1-on-1 Private Training/semi-Private Training after the initial 3-month minimum term, one full calendar month’s written notice is required. You are responsible for cancelling or amending your payment arrangements. No pro-rata refunds will be given.
f. All Monthly Memberships have an initial non-cancellable, non-refundable, and non-transferable 3-month minimum term.
6. Informed Consent and Disclaimer:
a. You will sign a Consent form before your first session, where applicable.
b. Failure to sign implies acceptance of the Consent terms.
c. For Pre-Recorded Content and free content, exercise is entirely at your own risk. While Lifting Women Over 40 aims to provide safe and effective workouts, not all exercises are suitable for everyone. Live Online Sessions are subject to the same duty of care as in-person sessions; however, Lifting Women Over 40 cannot be responsible for environmental or equipment factors within your own home or training space.
d. You acknowledge the risks involved in physical exercise. For purchases of online digital content, you have a statutory right to cancel within 14 days of purchase (the “cooling-off period”). However, by accessing the digital content within this 14-day period, you expressly consent to the immediate provision of the digital content and acknowledge that you will lose your right to cancel.
7. Reviews and Testimonials:
By providing a review or testimonial, you grant Lifting Women Over 40 a perpetual, worldwide, royalty-free, non-exclusive licence to use it in any media.
8. Privacy Policy & Data Protection:
Your personal data will be processed in accordance with the Lifting Women Over 40 Privacy Policy, available here, and in compliance with the Protection of Personal Information Act 4 of 2013 (POPIA). By using our services, you consent to the processing of your data as described in the Privacy Policy, including for health and fitness assessment and contact regarding relevant services. We may contact you by email, telephone, or SMS. You have the right to withdraw your consent to marketing communications at any time by contacting us in writing at liftingwomenover40 @ gmail com. Withdrawal of consent to marketing will not affect the lawfulness of processing carried out prior to withdrawal, nor will it affect processing necessary for the performance of your service agreement with us.
9. Liability:
a. Subject to clause 9(f), Lifting Women Over 40’s liability is limited to direct loss.
b. Subject to clause 9(f), Lifting Women Over 40 excludes liability for indirect loss, consequential loss, data loss, loss of income or profit, property damage or loss, and third-party claims arising from our services, website use, information provided, or other causes.
c. To the fullest extent permitted by law, Lifting Women Over 40 disclaims all express or implied representations or warranties regarding our services, products, information, or website, subject to clause 9(f).
d. You participate in physical exercise and training at your own risk, subject to clause 9(f).
e. You voluntarily participate and assume all risks of personal injury, subject to clause 9(f).
f. For the avoidance of doubt, Lifting Women Over 40 does not exclude or limit liability for: (i) Death or personal injury caused by our negligence. (ii) Fraudulent misrepresentation.
10. Dispute Resolution:
a. In the event of any dispute arising out of or in connection with these terms or the services provided, both parties agree to first attempt to resolve the matter through good-faith negotiation.
b. If the dispute cannot be resolved through negotiation within 14 days of written notice by either party, both parties agree to refer the matter to a mutually agreed independent mediator before initiating any formal legal proceedings.
c. The costs of mediation shall be shared equally between the parties unless otherwise agreed.
d. Nothing in this clause prevents either party from seeking urgent interim or interdict relief from a court of competent jurisdiction where necessary.
11. Miscellaneous and Governing Law:
a. Lifting Women Over 40 may update these terms on its website; new terms apply to purchases and website use after posting.
b. These terms govern all purchases, website use, and services provided by Lifting Women Over 40, superseding all prior agreements, except in the case of fraudulent misrepresentation.
c. If any term is found to be invalid or unenforceable, the remaining terms continue in full force and effect.
d. These terms and conditions are governed by the laws of South Africa, and the courts of South Africa have exclusive jurisdiction over any disputes arising from these terms.
These are the terms and conditions dated 5 March 2026.