Terms and conditions

 

 

1. Contacting me

 

Anytime you need to contact us, it should only be by WhatsApp. Communication times on WhatsApp are 09:00-18:00 Monday to Friday with slower responses at weekends. You will receive a response within 24hrs. In the event that I am ill or on holiday, I will give you as much notice as possible as I won’t be available during this time. You will of course have your gym programme and access to the community, the coaching HUB, Fuelling Fitness and our Success Coach. 

 

2. Payment

 

By signing this Contract, you agree to commit to a “minimum commitment” of 6 months, payable as agreed on your call. Your minimum commitment will start on the date that you sign up. To be clear, payment in instalments isn’t a provision of services on a rolling basis - it just allows you to spread the cost, so my coaching is more affordable.

 

At the end of your minimum commitment, unless you cancel, your Contract will automatically renew on a monthly basis. 

 

Payments are taken via Stripe and the same card will be charged on a monthly basis on the same date, until you have updated me with one months’ written notice of your intention to cancel (as explained in clause 4), and you will have access to all the same benefits of my coaching for that month.

 

Where any of your fees become overdue, I reserve the right to:

 

Charge interest at a rate of 5% above the Bank of England base rate, commencing on the due date and continuing until fully paid, whether before or after judgmentSuspend my coaching (and all benefits you receive), such as by restricting your access to your programme on Trainerize and Coaching Support. Refer the matter to debt collection and pursue you for my reasonable legal costs.

 

3. Cancellation

 

I’d hate to see you go, but if you would like to cancel my coaching after the initial 6 month commitment, you will need to give me one months’ notice (30 days) to [email protected]

 

This notice will activate the one month notice period and any payments within that month will still be payable. You will then have access to the benefits of my coaching for that month after the final payment is taken. Please note that I can’t pro-rate your notice period.

 

4. Your responsibility

 

When you sign up to the programme, you warrant that you have been honest and you’re not aware of any medical issues, health conditions or injuries which could affect your ability to exercise safely. You should keep us informed of any changes to your health, including injuries, so we can tailor your gym programme accordingly.We've designed your gym programme to help you achieve your fitness goals, but without your hard work and commitment, I can’t guarantee the results. You accept and agree that you’re 100% responsible for your own fitness and the benefits you gain from our coaching. We make no representations, warranties, or guarantees verbally or in writing.

 

5. Intellectual PropertyAs part of the programme, you will receive our intellectual property, such as the tailored gym programme and any videos, information or resources we provide to you as part of my coaching.All copyright and intellectual property is owned exclusively by us and nothing in this Contract transfers any copyright or intellectual property rights to you. You’re not permitted to share, transmit, copy, sell or any similar activity any of my copyright or intellectual property without my written, dated, and signed permission.

 

6. Disclaimers

 

The content I provide to you as part of my coaching isn’t medical advice and I’m not a qualified medical practitioner, dietician, nutritionist, or mental health professional. I take all reasonable steps to ensure my advice is evidence-based, but I can’t guarantee this. You act on my advice and guidance at your own risk.Physical exercise can be strenuous and subject to risk of serious injury. You should consult a medical professional before undertaking any exercises as part of my coaching. If you’re taking any enhancement products, such as whey protein, you do so entirely at your own risk and you should consult a medical professional or dietitian before making changes to your diet. If you have any concerns about your health, injury status or mental health, you should speak to a professional. By undertaking the exercises, you accept that there is a risk of injury, as is the case with all exercise programs. We won’t be liable to you for any injury you might sustain during participation in our coaching (unless this is caused by our negligence).We won’t assume any liability for any direct, indirect, consequential, or special losses or damages that may result, including, but not limited to, economic loss. Nothing in this Contract excludes any liability under the law that can’t be excluded, including death or personal injury caused by negligence. Our liability to you under this Contract is limited to twice the total fees paid by you for my coaching from the date of this Contract.

 

7. Confidentiality

 

As part of my coaching, information will be shared between you and me, and you might receive information from other members of the community and Coaching HUB. Any information shared by you will be treated as confidential. Both you and I agree not to disclose, reveal, or make use of any confidential Information discussed during my coaching or received from other members. Confidential information includes but is not limited to, information disclosed in connection with this Contract and doesn’t include information rightfully obtained from someone else. Both you and I promise to keep all confidential information in the strictest confidence and that you and I will use our best efforts to protect the confidential information against disclosure, misuse, espionage, loss and theft

 

8. Community rules

 

It’s so important that the WhatsApp Group chat and Coaching HUB is a place where members feel supported and encouraged and so please be respectful. It’s important that you understand that I’m not responsible for the behaviour, actions, or views of other members, and can only ask that everyone respects the privacy and confidentiality of others. If you break the standards I set or if you breach any terms of this Contract, you will be removed from the Coaching HUB and I can terminate this Contract and my coaching immediately. If this happens, you won’t be given a refund.

 

9. Data Protection

 

The authority for data protection is the UK Information Commissioner’s Office: https://ico.org.uk. I comply with applicable data protection legislation, including the retained EU law version of the General Data Protection Regulations (2016/679) and the Data Protection Act 2018.Upon signing up to my coaching, I will collect your name, email address, phone number, your Instagram handle, and any other information you choose to share with me. The purpose of collection of this information is so I can sign you up as a client and the lawful basis is to perform my contract with you.

 

10. Client wins

 

We love to share my client wins with the community and on my social media. By signing this Contract, you consent to my use of your transformation photos on my social media, website and in marketing material (in whatever form). I will always ask for your consent before sharing anything on social media. You’re free to change your mind and opt out at any time, so please contact me via WhatsApp and where I'm able to, I will stop using these transformation photos going forward.If you’re happy to share your photos but want to be anonymous, just let me know! I won’t tag you and I can blur out or otherwise cover your face or any distinguishing features.You agree not to share your “before and after” or progress images with another coach you may work with after me, if any, so that they can take the credit for my part in your fitness journey.

 

11. Indemnification

 

This clause contains an indemnity, which is a legal promise to compensate someone for the losses they have incurred because of the actions of another. You agree to indemnify me against all losses, claims, demands, costs, and expenses incurred or suffered by me arising out of my coaching.You agree that I’m not and will not be liable or held responsible for any actions or action undertaken by you, or for any direct or indirect result of my coaching.

 

12. The Legal Bit

 

Where an event outside my control occurs, this is a “force majeure event” and includes, but isn’t limited to, storm, fire, earthquake, an Act of God, a natural disaster, a failure of electricity or power supplies, epidemic, pandemic, government rules, regulations or guidance, or a failure of a third-party supplier to do as they’re contracted to do. Where a force majeure event occurs, I’m excused from performance under this Contract, and won’t be liable to you for my failure to perform. I will use my reasonable efforts to continue my obligations under this Contract as soon as I can after the force majeure event has stopped.If you need to serve a notice on me, it will be deemed sufficiently given if you email it to me, and the time of delivery will be the time of transmission. Please send any notices to me by email to [email protected] and I will use the email you gave me when you signed up. If your contact details change, please let me know. This doesn’t apply to the service of legal proceedings, which can’t be emailed.This Contract represents the entire understanding and agreement between you and me with regards to the subject matter of this Contract, and replaces all other negotiations, understandings, and representations, if any, made by and between you and me. No representation, inducement, promise or agreement, oral or otherwise, if any, not contained in this Contract or any other agreement related to this Contract and expressly references herein is of any force and effect.Delay in exercising a right under this Contract won’t take away that right or any other right.No one other than you or I has any right to enforce any terms of this Contract and the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract. If any provision or part-provision of this Contract is or becomes invalid, illegal, or unenforceable, it will be deemed amended to the minimum extent needed to make it valid, legal, and enforceable. If such amendment isn’t possible, the relevant provision or part-provision will be deemed deleted. Any such amendment or deletion won’t affect the validity and enforceability of the rest of this Contract.This Contract, and any non-contractual obligations arising hereunder, are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any matter and proceedings arising out of my coaching or this Contract.