The Health and Fitness Coach, Ltd

Terms of Enrollment For Programs

This agreement is made between The Health and Fitness Coach Ltd (“Company”) and the participant (“Client”). Both parties agree to the following terms and conditions:

Coaching and Membership Payment:

The fee for the coaching or membership program has the following options:

• Payment in full
• Subscription payment on a rolling monthly or weekly contract
• If a special offer is created by The Health and Fitness Coach Ltd, or a non-interest payment plan option is offered through a 3rd party payment site, then this new offer replaces the above.

Payment Method:

• We will take a full payment on sign up to the program or membership that covers the full duration of the program or membership.
• We, or the third party payment provider, will automatically charge the card on file every 7 days or every 30 days after first payment is made for a subscription service depending on the type of subscription booked.

Services Included:

• The purpose of this coaching or membership is to support you in weight loss, fitness and body shape. We do this by using coaching, content, recipes, workouts — coaching and/or Q&A sessions, in-between support, and teaching skills.

Refunds and Payment Plans:

• Due to the personal time commitment of coaching and membership, we do not offer refunds on sales.
• You waive any rights to charge-back your purchase with your credit card processor.
• If you become dissatisfied with the service after providing partial payment, you agree to pay the total outstanding fee that was agreed upon and the remaining balance owed.
• If signed up for weekly coaching – if payment is made on a rolling monthly or weekly membership, then cancellation can be made at any time with a 30 day notice period. If the next payment falls within the 30 day period, this payment will be charged as the final renewal, after which time the membership will be cancelled. This only applies to weekly online and in-person. This does not apply to the 6 Month Transformation where no cancellations or refunds apply.
• To cancel your membership, please email: support@thehealthandfitnesscoach.com with your full name that was used upon sign up.

Confidentiality:

• Any information discussed or any information either party comes to know during their work together is confidential. This does not include information that either party was aware of prior to executing this Agreement, nor does it include information that was gained by a third party, or information that was available to the public through no breach of confidentiality by The Health and Fitness Coach Ltd. Confidential information may be shared if and only if waived by both parties in writing.

Intellectual Property:

• We reserve all ownership rights to any materials including but not limited to documents, images, audio, and video, provided to you through your participation in the Program. The Health and Fitness Coach Ltd provides you with a single-user license authorizing you to use the materials for their individual purposes only. You agree to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes. You understand that claiming our materials as your own, is a violation of intellectual property rights.

Non – Disparagement:

• Both parties agree to not take any actions, make any statements, whether oral or in writing, that negatively impact the other’s business, services, products, or reputation.

Guarantees Disclaimer:

GUARANTEE (ONLY APPLICABLE TO 6 MONTH TRANSFORMATION)

THE GUARANTEE DOES NOT APPLY TO WEEKLY ONLINE OR IN PERSON MEMBERSHIP

The client is guaranteed to lose 10lbs before the end of the 6 month program duration. If not, The Health and Fitness Coach will continue to work with the client until they do (for a maximum of an additional 3 months). 

GUARANTEE CONDITIONS: 

• If the client fails to do the work prescribed by the program or does not participate in the program support, they will be disqualified from the Guarantee. 

This includes the following: 

• Client must make all of their program payments on time
• Client must complete all videos and worksheets 
• Client must join 10/12 of the support calls 
• Client must be active in the community weekly 
• Client must implement the program strategies 
• Client must inaction all steps of the system

The Health and Fitness Coach reserves the right to request proof that you’ve done what is prescribed above. In the event that the guarantee becomes activated, the client must be willing to show proof.

The results you experience will be dependent on many factors including, but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/ or Company may not be able to anticipate.

NOT PROFESSIONAL MEDICAL ADVICE

Company will only be providing the services that are explicitly listed above in the “Services Included” section and at no time should any of Company’s services be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy. Company’s services are not intended to treat, diagnose, cure, or prevent any disease. If at any time Client needs medical, and/or psychological treatment, it is Client’s responsibility to seek it out.

NOT LEGAL OR FINANCIAL ADVICE 

At no time should any of the Company’s services be considered a substitute for professional legal or financial advice. If at any time Client needs legal or financial services, it is Client’s responsibility to seek it out.

DISCLAIMER 

Any information provided by Company regarding weight loss, body and personal success is for informational purposes only. The information may provide real-life examples and/or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in your specific situation. As you know, financial outcomes depend on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or Company may not be able to anticipate. You agree that Company is not responsible for your success, or lack thereof. Your reliance on any information provided is done at your own risk.

Severability:

• If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.

Limited Liability:

• The amount of liability recoverable for any cause of action that arises under this agreement shall not exceed the amount paid for services outlined in this agreement, regardless of whether the cause of action is based in tort, contract or any other theory of liability. Under no circumstances will the company be liable for special, incidental, indirect, or consequential damages of any kind, or for any loss of use.

Indemnification:

• To the fullest extent of the law, the Client shall indemnify, defend and hold harmless Company, its officers, employees, agents, representatives, consultants, and contractors from and against any and all loss, costs, penalties, fines, damages, claims, expenses (including attorney’s fees) or liabilities arising out of, resulting from, or in connection with the services contemplated by this Agreement.

Termination:

• We are committed to providing all clients with a positive experience. Thus, The Health and Fitness Coach Ltd may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.

Photography

I, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby irrevocably authorize The Health and Fitness Coach to use photographs of me and or my property and authorize The Health and Fitness Coach and its assignees, licensees, legal representatives and transferees to use and publish (with or without my name) photographs, pictures, portraits or images in any and all forms and media and in all manners including composite images or distorted representations, and the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form on CDs or internet websites), for any product or services, or other lawful uses as may be determined by the photographer. I further waive any and all rights to review or approve any uses of the images, any written copy or finished product. I am of full legal age and have read and fully understand the terms of this release.

Terms of Enrollment For Events

1. Booking

(a) By booking an event or retreat with The Health and Fitness Coach Ltd you are accepting these terms and conditions.
(b) We do not share customer details with any third parties.

2. Payment
(a) The price is the exact amount to be received in full by us in GBP.
(b) The full payment amount is due no later than 90 days or more before the first day of the event or retreat and can be paid by bank transfer to the account specified in your original confirmation email sent out after your booking is confirmed and your deposit has been received or via payment links on the website. If full payment is not made 90 days or more prior to the start date of our event or retreat it will be assumed that you wish to cancel your booking without refund of your original deposit.

3. Your Travel Arrangements
All travel arrangements are your responsibility and at your own cost. We shall not be held liable for any consequences arising from delays or cancellations in any of the companies you may have made arrangements with, or for any irregularities in your documentation required for travel. Transfers to/from the retreat are at your own cost, unless otherwise specified.

4. Travel Insurance
Travel insurance is highly recommended. If you choose to buy insurance please ensure that your travel insurance covers the activities of this event or retreat as well as unexpected cancellation, sickness, losses and all other risks associated with traveling and taking part in the event or retreat. You should bring your own travel insurance policy with you in case of an emergency.

5. Your Health
(a) It is your responsibility to let your Hosts and Yoga Teacher know if you have any injuries and to be mindful at all times of your own body’s capabilities during the event or retreat. If you experience any injury or discomfort during any activity during the retreat, then you must desist immediately.
(b) It is also your responsibility to consult a doctor with an understanding of yoga to check that you are sufficiently fit and healthy to undertake yoga classes and other physical activities that you may chose to do whilst on the retreat.
(c) Please advise us of any mental or physical health conditions, allergies and dietary requirements before you book. If you have health conditions and dietary requirements that may be affected by the activities offered on our retreats we reserve the right to advise you to desist and in the interests of your health, or others, we may decline your stay at our retreats.
(d) Whilst all measures are taken to ensure a high standard of health and safety, we are situated in the countryside where the land is uneven and we shall not be responsible for any injuries caused by uneven terrain.

(e) We shall not be held responsible for any injuries sustained during our swims or other retreat activities.

6. Coronavirus
(a) You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on the retreat. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks, and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks associated with such travel. We accept no liability in relation to these additional risks. We accept no liability for any guest contracting the COVID-19 virus and cannot be held liable.
(b) By booking an event or retreat with us you acknowledge and understand that over the coming months there is the risk of further government travel restrictions due to Covid-19.

(c) Where you choose to book an event or retreat with us, you agree and acknowledge that there is an increased risk of you being unable to attend the retreat on that date due to ongoing or new travel restrictions from the government due to Covid-19. In these circumstances you must obtain travel insurance to protect you from any risk that you cannot travel on the original date booked.

(d) If you develop Coronavirus symptoms while on the retreat, your host will assist you to get medical attention as soon as possible and ensure that you are well looked after until you can get home. It is important that you have travel insurance that covers medical costs incurred due to Coronavirus as all expenses for testing, treatment or self-isolation will need to be covered by you.
(e) If new travel restrictions are put in place by the UK government and we have to cancel your retreat, we will refund you in full within 14 days of the restrictions being put in place. Rather than cancel, we will do our best to reschedule your retreat and ask you to transfer your booking and payments to the new dates. If you are unable to attend the new retreat dates, but are willing to accept a credit note, then you can use this for any other retreat with no time limit. If you prefer a refund we will do this within 14 days, and your non-refundable deposit can instead be transferred for ANY future retreat with no expiry date.
(f) If you experience symptoms of COVID-19 before you are due to travel to the retreat, it is your responsibility to carry out a test. In the case of a positive test, you will not be permitted to attend a retreat for 10 days. After 10 days of receiving a positive test you may attend a retreat if you have tested negative for COVID-19. It is your responsibility to follow any current government guidelines and self isolate. If you cannot travel to the retreat because you are experiencing symptoms of COVID-19 and need to self isolate, inform us as soon as possible. In the case that you cannot travel due to testing positive with COVID-19 or needing to self-isolate due to experiencing symptoms, we cannot offer any refunds and it is your responsibility to obtain adequate travel insurance to cover your costs in the case of no longer being able to attend the retreat.
(g) If you begin to experience symptoms of COVID-19 with us while on a retreat, you must inform your retreat host immediately. If your retreat needs to be cut short due to needing to travel back home, we cannot offer any refund or credit note for the days missed or cancelled.

7. Cancellation by you
(a) You (or any member of your party) may cancel your booking at any time, providing that the cancellation is made by the person submitting the booking form and is notified to us in writing. Cancellation will take effect the day such notification is received by us. If such cancellation is made within less than 120 days before the start of the event or retreat, we will retain the basic £500 deposit of the retreat, plus any card transaction fees involved in the payment process when using a card payment provider. If cancellation is made within 30 days of the start of the event or retreat we will retain the full amount paid by you.

(b) Bookings are for the stated period of the retreat. There are no refunds for an unused portion of the retreat. If the reason for cancellation is covered under the terms of your Insurance Policy, you may be able to make a claim on your own insurance.

8. Amendments by us
Occasionally, changes may have to be made (e.g., yoga teacher, class times or other arrangements), which we reserve the right to do at any time. If your accommodation has to be changed, we will do our utmost to provide accommodation of a similar standard. If a significant change becomes necessary, we will inform you as soon as possible before your departure.

9. Cancellation by us
We reserve the right in any circumstances to cancel a retreat. In particular our retreats require a minimum number of at least 75% of the participants to have booked by 30 days before the start date. If this minimum number is not reached by that date we may cancel and refund payment to you.

10. Our liability to you
(a) We accept responsibility for ensuring that the retreats are supplied as described and that the services we are contractually obliged to provide are to a reasonable standard.
(b) We do not accept any liability for cancellations, delays or changes caused by war, threat of war, terrorist actions or threats, closure of airports, civil strife, industrial action, natural disaster, technical problems to transport, staff cancellations, unforeseen changes in your personal circumstances or other events beyond our control.
(c) We are not liable for any injuries you may incur. Yoga classes, swims and other activities are undertaken at your own risk. We are not liable for any medical or psychiatric conditions, which may develop during or subsequent to the retreat. We are not liable for loss of, or damage to, your personal property.

11. Group Bookings
Where a booking is made on behalf of several individuals the booking is conditional on the person(s) paying having authorization from all the individuals named on the booking form to enter into this contract. The terms of this contract will apply to each member of the group as though they had paid for their own retreat individually and directly to us.

12. No Liability for possessions
The Retreat House will not be left empty and unlocked at any time. It is your responsibility to ensure that your possessions are kept safe at all times. This includes hire cars or other hired equipment. We cannot be held responsible for any loss or damage to personal belongings during the retreat.

13. Complaints
If you have a problem during your retreat, please inform the retreat host immediately and she will endeavor to put things right. Please note that we cannot be held responsible for the individual behavior of any group member or other guest sharing your accommodation.

14. Privacy Policy
We do not share customer details with any 3rd parties. Any personal information that you provide to us will be used only for the service you requested. This information is used only for administration of the site system and in the compilation of statistics used by us to assess the use of the site. This privacy policy does not cover the links within this site linking to other sites.

15. Insolvency

In the highly unlikely event that The Health and Fitness Coach Limited were to become insolvent any funds that you (the customer) have paid to us (the company) will be protected by our Insolvency Protection Insurance, details of which will be made available to you in the event of insolvency of the company.

16. Photography

I, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby irrevocably authorize The Health and Fitness Coach to use photographs of me and or my property and authorize The Health and Fitness Coach and its assignees, licensees, legal representatives and transferees to use and publish (with or without my name) photographs, pictures, portraits or images in any and all forms and media and in all manners including composite images or distorted representations, and the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form on CDs or internet websites), for any product or services, or other lawful uses as may be determined by the photographer. I further waive any and all rights to review or approve any uses of the images, any written copy or finished product. I am of full legal age and have read and fully understand the terms of this release.