Terms and Conditions

These Terms and Conditions are effective as of 1 January 2025.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

This Terms and Conditions establish a legally binding agreement covering Services, payments, session cancellations, liability waivers, and health disclosures between you and Andrea when you order and use her Services,

Your payment for and use of Andrea Services constitutes your agreement to be bound by these Terms and Conditions. The offering of Andrea’s Services is conditional on your acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not access or use the Andrea’s Services.

By making Services payment you indicate your acceptance of these terms and your agreement to be bound by these terms, as well as all applicable laws and regulations. You are not permitted to use the service if you do not agree to these terms. These terms can be changed, modified, supplemented, and/or updated by Andrea at any time; provided that we will endeavour to provide you with prior notice of any material changes. Your continued use of the service after the modification of these terms means that you accept all such changes. Accordingly, you are advised to consult these terms each time you access the service in order to view any changes to these terms. These terms were last modified as of the date indicated above.

As further described below, you should consult your physician or other health care practitioner before starting this or any other exercise program. This is particularly true if you or your family have a history of high blood pressure or heart disease, or if you have ever experienced discomfort while exercising. Nothing stated or posted on the service is intended to be, and must not be taken to be, the practice of medical or professional advice or care. Your use of the service is at your own risk.

These Terms and Conditions are entered into by and between you as a client (referred to as “Client “, “you” or “your“) and Andrea Solomun (referred to as ” Andrea “, “we“, “us or “our“), and supersede and replace any terms and conditions of Services that you may have previously agreed with Andrea in connection with the Services.

  1. Services and Client
  2. Meaning of terms
  3. Accessing and availability of Andrea Services
  4. General provisions
  5. Andrea’s Services
  6. Payment Terms
  7. Cancellation and Refunds
  8. Scope of use and intellectual property rights
  9. Client obligations
  10. Privacy protection
  11. Availability of Andrea’s Services
  12. Applicable law
  13. Disclaimer of warranties and promises
  14. Limitation of liability
  15. Disclaimer
  16. Changes to Terms and Conditions
  17. Other provisions
  18. Final provisions

1. Services and Client

References to “Services” in these terms means the training, coaching, nutritional guidelines and/or related Services and materials you purchase from Andrea which may comprise one or more of the following:

Assessment / Consultations – Movement assessment and consultation to evaluate mobility, flexibility, posture, and joint function. Includes recommendations and guidance for improving nutrition and movement quality.

Online Personal Training – One-to-one one-to-two coaching with Andrea, nutritional guidelines if agreed and advice via distance communications

A Client is considered to be any person who uses the service or buys any of the Andrea Services.

In the case of a natural person, the Client can only be an adult and able-bodied person.

Eligibility by entering in agreement and buying the Andrea’s Services, you confirm that you are of legal age in your country, are not under 18 years old, have full power, capacity and authority to agree to the Terms and Conditions. The agreement may be concluded in the name and on behalf of a minor and a person with full legal capacity by his/her legal representatives or guardians, and partially capable persons may conclude the agreement only with the consent of their legal representative or guardian. You are obliged to inform Andrea about any circumstances concerning this eligibility. Andrea shall not be liable for any action contrary to this provision.

2. Meaning of terms

The Terms and Conditions of Andrea represent a list of rules and contractual clauses governing the agreement and relationship between Andrea and the Client. All relevant regulations of the Republic of Croatia shall apply to all mutual relations between Andrea and the Client that are not specifically regulated by these Terms and Conditions.

The Service Provider is Andrea Solomun, sole proprietorship for marketing, consulting, art and creative work (MBO 98347543), Zagreb, Croatia.

The Terms and Conditions of Andrea are the general terms and conditions of the agreement as prescribed by the Civil Obligations Act, which complement the agreement and are binding as contractual provisions.

The Client is a person who directly uses Andrea Services.

3. Accessing and availability of Andrea Services

The Client shall be responsible for all technical and other conditions and arrangements needed for accessing Andrea over distance communication.

Technical Requirements

  • Platform: Sessions are conducted via specified online tools (e.g., Zoom, WhatsApp, email).
  • Responsibility: The client is responsible for having a stable internet connection and necessary equipment.

The Service Provides shall not be responsible if, for any reason whatsoever, the whole or the part of Andrea’s Services, becomes unavailable at any time or for any period of time due to unforeseen electronic or other technical interruptions and/or difficulties, either on the Client’s or our side.

4. General provisions

By using any part of content or Services that belong to Andrea it shall be considered that the Client is familiar with these Terms and Conditions and that he/she fully understands and accepts them.

The Service Provider reserves the right to change the appearance, content and scope of Andrea’s Services that are a part of these Terms and Conditions.

The Client will regularly read these Terms and Conditions, and it shall be considered that he/she is at all times familiar with current Terms and Conditions and that he/she fully understand them.

5. Andrea’s Services

Andrea shall deliver the Services in good faith. The Client will use all Andrea’s Services at his/her own responsibility and Andrea cannot be considered responsible for any damage incurred by his/her use.

No part of Andrea Services shall be used for illegal purposes or for their promotion or enabling or contrary to the provisions of these Terms and Conditions.

Andrea offer, to the best of her abilities, the comprehensive and authoritative information in relation to the Services she provides. The Services are designed by keeping in mind that Andrea, does not offer medical or any other similar professional service. In that sense, the Disclaimer content shall apply.

No Guarantees: Results are not guaranteed, as they depend on individual effort

6. Payment Terms

All sessions must be paid for in advance.

For Sessions related Services, Andrea reserves the right to refuse to provide the service if you have not made payment.

If you do not pay for the Services when you are supposed to (in advance after confirming your order) and you still do not make payment within 7 days of Andrea reminding you that payment is due, we may suspend provision of the Services until you have paid the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not charge you for the Services during the period for which they are suspended.

Sessions have an expiry date.

7. Cancellation and Refunds

24 hours’ notice of cancellation or postponement is required for all sessions or other online appointments (unless otherwise noticed in written by Andrea). If you have an unstable health condition, then the cancellation process will be discussed with you at your consultation.

Notice of less than 24 hours will incur full payment of the full session fee without any refund.

Unforeseen events will be taken into consideration on the day of the session.

Once purchased, the Services are non-refundable, and only transferable with prior agreement with Aandrea.

In case of online sessions

The Client-consumer can unilaterally terminate the purchase agreement within 14 days without giving a reason. In the event that the time from the purchase to the time of agreed Service is shorter than 14 days, the consumer can unilaterally terminate the purchase agreement without giving any reason in the time from the date of conclusion of the agreement to 48 hours’ notice of cancellation before prior the time of the service.

In order to be able to exercise the right to unilaterally terminate the purchase agreement, the consumer must notify of his/her decision to unilaterally terminate the agreement before the expiration of the term by an unequivocal statement sent by electronic mail, in which he/she will state his/her name and surname, address, telephone number or email address.

The deadline for unilateral termination starts from the day of signing the agreement, i.e. payment for the service.

If the Client-consumer unilaterally terminates the purchase agreement, Andrea will return the money received, without delay, and at the latest within 14 days from the date of receipt of the decision or notice of unilateral termination of the agreement. The refund shall be made in the same way as the payment was made. In case of consent to another method of refund of the paid amount, the Client-consumer does not bear any costs in relation to the refund.

In the case of purchasing the right to subsequently view the instructive videos, the subject of the agreement is the delivery of digital content that is not delivered on a physical medium. By concluding an agreement on such purchase, the Client-consumer gives their explicit prior consent to the start and fulfilment of the agreement and by concluding that agreement or payment confirms that they are aware that they shall have no right to unilateral termination of the agreement.

In case of digital content – documents for download.

Videos and documents for download represent digital content that is not delivered on physical media. Delivery is made by electronic means immediately upon receipt of notification of payment, i.e. by enabling the Client to access such content. By concluding an agreement on such purchase, the Client-consumer gives their explicit prior consent to the start and fulfilment of the agreement and by concluding that agreement or payment confirms that they are aware that they shall have no right to unilateral termination of the agreement and no right to any refund.

Andrea may end the agreement at any time by writing to you if:

  • you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
  • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, completion of the health questionnaire or giving written information about your health status; or
  • you do not use the Services by the expiry dates notified to you in writing

8. Scope of use and intellectual property rights

Any workouts, plans, or resources, marketing, educational or other materials, including the Andrea’s programmes and/or any variations thereto and its nutrition Services materials, made available to Client will at all times remain the property of Andrea and is subject to copyright.

The Client undertakes to use such materials only for his/her own personal development and not to copy, publish or reproduce any such materials. Also training materials (videos, plans, sessions recorded with or without prior consent) are licensed for personal use only and cannot be copied or distributed, shared or sold.

Copyright protection of the contents of Andrea’s Services, individual contents and individual items in collections, available to Clients, includes protection in accordance with the Copyright Act and other related rights and in accordance with international law on the protection of intellectual property.

The Client is allowed to use individual items that represent author’s work exclusively for his/her own needs.

The Client may not record, reproduce, modify, publicly display, store or transmit the content of the Andrea’s sessions. The Client may, if his/her service package allows it, download one copy of the materials marked for this to his/her computer or mobile device, solely for the purpose of his/her own, non-commercial use.

All forms of further distribution of any part of content of Andrea’s Services, as well as duplication, copying, or enabling use by third parties (e.g. reproduction in publications, publication on third-party websites, etc.) are expressly prohibited.

The name and logo of the Service Provider, and all associated names, logos, product and service names, their designs and slogans, are part of the trademark owned by the Service Provider. Their use without the prior written consent of the Andrea is prohibited.

The Andrea claims copyright on all her own content (textual content, graphic content, audio and visual content, databases, program code, etc.). Unauthorized use of any part of these contents is considered a violation of copyright of the Service Provider.

The Client is liable to the Service Provider for damage caused to the Service Provider by violating the provisions of this chapter of the Terms and Conditions, i.e. the obligations or restrictions contained therein.

9. Client obligations

By accessing and using Andrea’s Services, the Client declares that

  • he/she is of legal age and capable of entering into a binding agreement with the Service Provider,
  • he/she will not use Andrea’s Services in any way that violates applicable domestic or international regulations and standards;
  • It is understood by Client that he/she must commit to your training programme 100% in order for you to achieve results;
  • Client is required to on time for each session so that the Andrea’s full training plan is achieved on each session.
  • Client is required to wear appropriate clothing and footwear;
  • when using the Services, he/she will fully respect and act in accordance with these Terms and Conditions.

You confirm that:

  • To the best of your knowledge, you are medically and physically able to safely participate in the Services; and
  • You will update us throughout the Services of any changes to your health and about any medical issues that arise, including if you feel unwell and irrespective of whether you feel the issue to be minor, trivial or irrelevant. This applies to all conditions, issues and concerns whether or not you have received a medical diagnosis.

Client may be required to complete a Physical Activity Readiness Questionnaire (a “PARQ”) before undertaking his/her first personal training session. In such case, you confirm that you have read, understood and answered the health questionnaire honestly and in good faith. You agree that we are entitled to refuse to provide Services to you, or cease providing Services to you, if the information provided in the health questionnaire is incomplete or inaccurate, or because the information you have provided in the health questionnaire means that it may be unsafe for us to provide Services to you.

Andrea may require a letter of ‘medical clearance’ from Client’s medical doctor. Please be aware that your medical doctor may charge for providing this letter.

Client understands and agrees that it is his/her responsibility to inform Andrea of any conditions or changes to his/her health, now and on-going, which may affect his/her ability to exercise safely and with minimal risk of injury.

If Andrea requires further medical information, Client must provide such details.

Client understands that there are inherent risks in participating in any fitness programme of strenuous exercise. If he/she sustains or claims to sustain any injury while participating in training, he/she acknowledges that Andrea is not responsible.

Andrea cannot be held liable in any way for undeclared or unknown medical conditions.

The Client is obliged to provide accurate, valid and complete personal and health data when giving his/her personal information, and contrary action authorizes Andrea to deny such Client access to or the realization of all or part of the Services offered by Andrea.

Client understands and agrees that:

  • Any nutritional guidance provided to Client is targeted at body composition and not at any medical issues or concerns Client may have;
  • The human body is complex and unpredictable and so provision of the Services carries an inherent risk of physical injury to Client.

The Client confirms that:

  • To the best of his/her knowledge, he/she is medically and physically able to safely participate in the Services; and
  • He/she will update us throughout the Services of any changes to his/her health and about any medical issues that arise, including if he/she feels unwell and irrespective of whether he/she feels the issue to be minor, trivial or irrelevant. This applies to all conditions, issues and concerns whether or not he/she have received a medical diagnosis.

Andrea strongly recommends to Client to seek and obtain the advice of a competent, qualified medical professional before he/she begin using the Services to identify any health or medical issues he/she has that may affect your use of the Services and to make sure that the Services are appropriate to the Client. The Client agree that Andrea will not be liable for any injury or harm he/she suffers as a result of use of the Services including where the Client has chosen to ignore our advice and use the Services without seeking and obtaining medical advice.

10. Privacy protection

Andrea collects certain data about Client during providing the Services.

The Service Provider undertakes to use the data obtained from the Client in good faith, and not to distribute the obtained data to any third parties, except with the Client’s permission.

The manager of the processing and the controller of Client’s personal data is Andrea.

Andrea will use the personal information Client provide to:

  • Provide the Services;
  • Process payment for such Services; and
  • If you agreed to this during the order process, to inform you about similar products and Services that we provide, but you may stop receiving these communications at any time by contacting us.

Andrea will keep your personal data for the time necessary to achieve the relevant purposes described, i.e. for as long as you wish to remain in contact with us and for as long as you wish to receive our notifications in accordance with the consent given to us when accessing any of the Services, i.e. until you withdraw your consent for specific purposes.

If and when Andrea receives your request for deletion of data, revocation of consent, request for restriction of the processing of your personal data, or any similar objection, Andrea will act immediately on your request and the storage of the personal data within a specified period will be the only way to process them before they are permanently deleted.

You can exercise these rights by sending a written request to Andrea by e-mail.

Client information and health data are kept confidential and in accordance with EU General Data Protection Regulation (GDPR).

11. Availability of Andrea’s Services

The Service Provider strives at all times to ensure technical conditions that enable Client to uses the Services without interruption.

The responsibility of the Service Provider for possible damage or inconvenience caused to the subscriber or Client due to technical reasons due to internet interruption or difficult access to it is completely excluded.

Neither party shall be liable for any damage, delay or defects resulting from force majeure or events that could not have been prevented, avoided or remedied.

Andrea may change the Services:

  • To reflect changes in relevant laws and regulatory requirements;
  • To implement adjustments and improvements to Services. This might include a short and temporary stopping the Services due to various reason like illness, travelling, special projects etc. In the event of this happening, your sessions will be rescheduled whilst the works are complete.
  • If your medical and health situation changes to an extent that requires amendments to the Services.

When Andrea confirms your order by email or WhatsApp, she will confirm the number of sessions you have purchased (if applicable) and the number of weeks the session package is valid for. If you do not use the sessions within the specified timeframes, Andrea is under no obligation to provide you with alternative sessions and/or an extension of the timeframe.

Andrea may have to suspend the Services to:

  • deal with problems with facilities or equipment;
  • update the Services to reflect changes in relevant laws and regulatory requirements; or
  • make changes to the Services as requested by you or notified by her to you.

Andrea will contact you in advance to tell you she will be suspending the Services unless the problem is urgent or an emergency.

Failing to attend a Session. If you fail to attend sessions or to contact Andrea for a period of two rolling weeks or more, you may lose your preferred session slots. You may need to wait for Andrea to become available to resume your sessions.

15. Applicable law

These Terms and Conditions are drawn up in accordance with the regulations of the Republic of Croatia. The Client accepts and agrees that all possible disputes and procedures related to ANDREA’s Services and/or its content will be brought before the competent court in Zagreb. In the event of a dispute, the Client expressly waives any objections regarding local jurisdiction and applicable rights.

In the event that any provision of these Terms and Conditions, the Privacy Policy or the Subscription Agreement is contrary to or inconsistent with the law, such provision shall be modified and interpreted to best achieve the objectives of the original provision to the fullest extent permitted by law, while other provisions remain valid and in force.

16. Disclaimer of warranties and promises

Use of Andrea’s Services, and content and/or materials viewed, obtained or learned is at your own risk. Andrea’s Services are offered on an “as is” and “as available” basis without promises of any kind, express or implied. Andrea do not make any promises, guarantees or representations regarding the completeness, security, reliability, quality, accuracy and availability of Andrea’s Services.

Without limiting the foregoing, Andrea does not promise, represent or warrant that the content of the Services and/or materials or any part thereof are complete, accurate, reliable, error-free or without interruptions, that errors will be removed, that the Internet stations or servers that make them available are free of viruses or other harmful components or that the contents and/or materials obtained through Andrea’s Services will meet the needs or expectations of the Client.

Andrea hereby disclaims all warranties of any kind, express or implied, statutory or otherwise, of merchantability and fitness for particular purposes.

17. Limitation of liability

In no case, Andrea is not liable to the Client or third parties for any general, special, indirect or consequential damages of any kind or any damages, including, but not limited to, damages caused by loss of ability to use, injuries, loss of data, loss of profit, lost benefits, regardless of whether or not they have been informed of the possibility of such damages, arising from or in connection with the use of Andrea’ Services. In the case of Client abuse or illegal actions by third parties, the third party or the Client who committed the abuse is responsible for all claims and damages arising as a result of the abuse.

18. Disclaimer

All material (including, without limitation, exercises, tips and recommendations) within the Andrea’s Services, is provided for general educational, recreational, training and informational purposes only.

Always consult your doctor or health care provider before embarking on any diet or exercise program. If you choose to use the Services or any of this information without the prior consent of your physician, you assume full responsibility for your decisions and agree not to hold Andrea liable for injury, illness or damage to you or your property arising out of or in connection with your use of Services and information obtained during provided Services or other Andrea’s programs.

Use of the Services, advice and all information contained herein is the sole choice of the Client and his/her responsibility.

Materials and content from Andrea, her other programs, newsletters sent by e-mail are for general health informational purposes and are not intended as a substitute for professional medical advice, diagnosis or therapy. Clients should not rely solely on the information contained in the Services, other programs, email newsletters, for their own health needs. Any specific health concerns should be discussed with your healthcare provider and you should seek medical advice before starting any exercise, fitness or nutrition program.

Andrea reserves the right to update or change the information contained in Services, other programs and the email newsletter at any time. Andrea is not responsible for the information on the hyperlinks she provides.

The exercises contained in the Services are exclusively intended for educational and recreational purposes and should not be interpreted as a recommendation for a specific therapy plan, product or method of action. Exercise is not harmless, held an inherent risk, so this or any other exercise program and Services can lead to injury. These include, but are not limited to: risk of injury, worsening of a pre-existing condition or adverse effects of over-exercise, such as muscle strain, abnormal blood pressure, fainting, heart rhythm disorders and very rare cases of heart attack. To reduce the risk of injury, before beginning using the Services or any other exercise program, consult your health care provider regarding appropriate exercise prescriptions and precautions. The exercise instructions and advice presented are not intended as a substitute for consultation with a physician. Andrea disclaims any liability arising out of or in connection with her Services and program. As with any exercise program, if at any time you experience weakness, dizziness, or physical discomfort, stop the exercise immediately and consult a physician.

The Services offer information related to health, fitness, exercise and nutrition and are designed for educational and recreational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis or therapy. If you have any health concerns or questions, you should always consult a doctor or other health care professional. Do not disregard, avoid or delay seeking medical or health advice from a health care professional because of anything you read here. The use of information contained in the Services and program or given during the description or performance of the exercise is solely your responsibility.

Developments in medical research may affect the health, fitness and nutrition advice provided. We cannot guarantee that the advice contained in the Services and program will always contain the latest findings or developments with respect to a particular material.

You should rely on your own critical thinking, deliberation and assessment of the accuracy of the instructions and information contained in the Services and program.

Remember the following:

  • Not all exercises are intended for everyone, so workouts and exercise form the Services or any other exercise program can lead to injury. ALWAYS consult your PHYSICIAN before starting this or any other exercise program or4 connected Services, especially if you suffer from a chronic or recurring condition and/or if you are pregnant, nursing or elderly. We do NOT recommend performing this exercise Services if you suffer from chest pain or uncontrolled blood pressure or other uncontrolled chronic diseases.
  • By performing any exercise from the Services and program, you assume ALL responsibility for possible injuries. Andrea is are NOT responsible for any injury or loss that may occur as a result of participating in the Services and the connected program.
  • ALWAYS warm up before exercising and NEVER train at a level that makes you uncomfortable.
  • Stop exercising IMMEDIATELY if you experience pain, discomfort, fatigue, shortness of breath, dizziness, light-headedness, headache, nausea, blurred vision, vomiting, dehydration, excessive sweating, or other discomfort. If these symptoms persist after you stop exercising, seek medical attention immediately.
  • This exercise program along with the lessons and instructions contained in the Services and program are NOT intended and should NOT be used as a substitute for professional medical advice, diagnosis or therapy.

Andrea make NO representations or warranties, express or implied, regarding the safety, usefulness or results of her Services and program.

19. Changes to Terms and Conditions

Andrea reserves the right, at her sole discretion, to change these Terms and Conditions at any time. All changes take effect immediately upon publication. Andrea will inform you by written notice of any changes in this Terms and Conditions. By continuing to use the Andrea’s Services and program after the publication of the changes and sent notice, the Client expresses his/her consent and acceptance of the changed conditions.

20. Other provisions

Your transfer of rights. You may only transfer your rights or your obligations under these terms to another person with our written consent.

Nobody else has any rights under this agreement. This agreement is between you (Client) and us (Andrea). No other person shall have any rights to enforce any of its terms.

Even if we delay in enforcing this contract, we can still enforce it later.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this agreement, that will not mean that you do not have to do those things or prevent us taking steps against you later. For example, if you miss a payment and we do not contact you, but we continue to provide the Services, we can still require you to make the payment later.

20. Final provisions

These Terms and Conditions, together with the documents expressly referred to in them, constitute the sole and entire agreement between the Client and the Andrea in relation to her Services and program and supersede all previous and/or contemporaneous agreements, arrangements, representations and warranties, written and oral.