Elevate Coaching - Client Contract Agreement is between: 

1. Elevate Online Coaching [12522715], with its registered address at 7 Bell Yard, London, WC2A 2JR  (“we”) or (“us”); and 

2. (“you”) or (the “Client”)

IT IS HEREBY AGREED:

1.    Programmes/service: 

We offer Online Health & Fitness Coaching (the “Programmes”). This programme is here to help educate you and help you make positive and healthy lifestyle changes that can lead to long-term sustainable lifestyle change. As part of the Programmes, you will receive the following:

• Access to a personal training app (“App”)

• Customised workouts;

• Customised nutrition plans;

• Nutrition tracking;

• Daily habit tracking;

• Weekly improvement webinars;

• In-App messaging; and

• Weekly check-ins.

We reserve the right to change any elements of the Programmes at any time to ensure you get the best possible service.

In the unlikely event that the App is unavailable due to technical issues or you lose access to the product you have paid for you must contact [email protected] first and we will do our best to resolve the issue for you. If this issue remains unresolved, then we will discuss next steps.

The price of the Programmes is £225 per month, payable monthly in advance, by card payment on starting date of your subscription. The minimum commitment to the Programmes is three calendar months. Thereafter, the Programmes will run on a rolling monthly basis unless terminated by you.

You are not permitted to a refund of any element of the Programmes, except during the ‘cooling off period’ offered to you at law in the United Kingdom. This cooling off period lasts for 14 days from the date you make payment. If you choose to terminate this Agreement and the Programmes within 14 days of making your first payment, we will refund you only for the amount of services you have not yet received. You will not receive any refund for the value of ‘digital products’ (including your personalised Programmes) which you have already had access to.

You cannot exercise the right to terminate in respect of any subsequent payments following the first payment.

If our Programmes is faulty, not as described or not of satisfactory quality, please discuss this with us and we will do our best to rectify this for you. This does not prejudice your consumer rights.

2.    Disclaimer and/or Legal Notices: 

The content in the Programmes does not constitute medical advice.  We are not qualified as medical practitioners. While we take all reasonable steps to ensure our advice is evidence-based, you cannot guarantee this. You act on our advice and guidance at your own risk. 

You are advised to consult a doctor prior to commencing the Programmes. If you have any concerns about your health, you are responsible for bringing this to the attention of a doctor.

We make no representation, warranty, or guarantee that our App or the Programmes will meet your specific requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

We make reasonable efforts to ensure that the content on our App is complete, accurate, and up to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up to date.

We will not assume any liability for any direct or indirect losses or damages that may result, including, but not limited to, economic loss. Nothing in this Agreement shall exclude any liability under the law that cannot be excluded, including death or personal injury caused by negligence. 

Our liability under this Agreement is limited to the price paid by you for the Programmes.  

3.    Copyright Notice:

No part of the Programmes, including material, documentation, videos or any other item, may be reproduced or transmitted in any form whatsoever, electronic, or mechanical, including photocopying, recording, or by any informational storage or retrieval system without expressed written, dated and signed permission from us.

All intellectual property rights arising from the App or material provided to you by us remain our exclusive property.

You agree to indemnify us against any losses arising from any action or claim that our use of your materials, branding or documentation in accordance with this clause 3 is an infringement of an intellectual property right of a third party.

Your login details must not be shared with anyone. If it is brought to our attention that log in details have been shared, the Programmes will be cancelled, and no refund will be issued. 

4.     Client responsibility:

We have designed the Programmes so that it can help you make healthy positive lifestyle changes that you can adapt to suit your individual needs. This Programmes will give you the tools to start implementing changes in your lifestyle. However, without your hard work and dedication to implement these changes and adhere to them, we cannot guarantee the results. We will endeavour to give you the support and encouragement that you need in order to help you achieve your goals. 

As a client, you accept and agree that you are 100% responsible for your progress and results from the Programmes. We make no representations, warranties or guarantees verbally or in writing. You understand that because of the nature of the Programmes and its content, the results experienced by each client may significantly vary. We do not guarantee that you will reach your goals as a result of participation in the Programmes.  

5.    Confidentiality:  

Any information shared by the Programmes’s participants with the Programmes will be treated as confidential. Both parties agree not to disclose, reveal, or make use of any confidential Information or any transactions, during discussions, on the forum or otherwise. You agree not to use such confidential information in any manner. 

Confidential information includes but is not limited to, information disclosed in connection with this Agreement and shall not include information rightfully obtained from a third party. Both parties will keep confidential information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss and theft. 

6.    Termination:

We are committed to providing all clients in the Programmes with a positive experience. By purchasing this Programmes, you agree that we, at our sole discretion, can terminate this Agreement, and limit, suspend, or terminate your participation in the Programmes without refund if you become disruptive, if you fail to follow the guidelines set by us, are difficult to work with or upon violation of this Agreement. In the event of such termination, you will still be liable to pay the fees set out in this Agreement.

7.    Indemnification:

You shall defend, indemnify, and hold us harmless from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, legal fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by us. In consideration of and as part of your payment for the right to participate in the Programmes, you hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge us of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in an equity arising from your participation in the Programmes.

8.    Use of Testimonials:

We do not, under any circumstances, warrant or guarantee any specified results, or any goals reached by you. Results that you achieve are in no way, shape, or form, guaranteed by us. You acknowledge that results vary based on individual circumstances and the time and effort put into the Programmes by each individual client. 

You allow us to publicly use and disseminate your testimonials. If we request permission to use your transformation photographs, we may use these on social media and in our marketing material, including on our App or website. 

9.    Data Protection:

We will need to obtain and process your personal data as part of tailoring the Programmes to your needs and requirements. Examples of some of the personal data that will be requested are: 

• Name, age/date of birth, contact details 

• Height, weight and measurements 

• Medical history and previous injuries 

• Previous experience in fitness training 

• Information on eating habits 

• Before and after photographs

(the “Personal Data”).

The Personal Data is required so that we can fully and effectively prepare the program and monitor progress. This data will not be shared with third parties , although it will be stored on the App.Where Personal Data is stored on the App, this will be handled by the App provider in accordance with its privacy policy. You may withdraw your consent to us holding this data at any time, and the data will be deleted from our possession, by emailing [email protected] but please note that this will mean we are unable to continue to provide you with the Programmes.

10.    Governing Law and Jurisdiction:

This Agreement, and any non-contractual obligations arising hereunder, shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts. 

This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter of this Agreement, and supersedes all other negotiations, understandings, and representations, if any, made by and between the parties. No representation, inducement, promise or agreement, oral or otherwise, if any, not embodies in this Agreement or any other agreement related to this Agreement and expressly references herein is of any force and effect.

Signed by Gemma Stanley, on behalf of Elevate Online Coaching