Terms and Conditions

1.       Introduction

 .                     Your agreement is with Benjamin Cooper, who delivers your coaching.

a.                   These Terms and Conditions form part of your agreement with the Trainer. You understand that the coach is self-employed and you are entering into a contract with him.

b.                  Your instructions to commence coaching will constitute acceptance of these Terms and Conditions when you will become a client (a “Client” or “you”).You are asked to pay special attention to the provisions related to liability and cancellations. This does not affect your statutory rights.

1. Coach

 .                     Your Coach is a fully qualified C.H.E.K Practitioner and Holistic Lifestyle coach level II. Your Coach will be continually learning and developing his skills for your benefit. (Accredited by the C.H.E.K Institute).

1. Coach’s Obligations

 .                     The Coach will use his skills and knowledge to design a safe programme of exercise that will take into account your lifestyle, personal goals, fitness levels and medical history.

a.                   The Trainer will provide the coaching, supervision, advice and support that you will need to achieve your goals. Apart from the initial consultations (your assessments, both physical and Lifestyle assessment will be 90 minutes) each exercise coaching session will last 60 minutes (a “Session”).

b.                  You understand that the results of any fitness program cannot be guaranteed. Your progress depends on your effort and co-operation in and outside of the Sessions. In particular you acknowledge that individual results may vary and no particular result is guaranteed by your Trainer.

c.                   All Client information will be kept strictly private and confidential.

1. Your Obligations

 .                     It is understood between you and your Coach that both must commit to your Coaching programme 100% in order for you to achieve results.

a.                   You are required to arrive on time for each Session so that the Coach’s full training plan is achieved on each visit.

b.                  You are required to wear appropriate clothing and footwear.

c.                   You are required to complete a Physical Activity Readiness Questionnaire (a “PARQ”) before undertaking your first coaching session.

d.                  Your Coach may require a letter of 'medical clearance' from your GP. Please be aware that your GP may charge for providing this letter.

e.                  You understand and agree that it is your responsibility to inform your Coach of any conditions or changes to your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury.

f.                    If your Coach requires further medical information from a practitioner, you must provide such details.

g.                   You understand that there are inherent risks in participating in a programme of strenuous exercise. If you sustain or claim to sustain any injury while participating in training, you acknowledge that the Trainer is not responsible, except where the injury was caused by his/her gross negligence or intentional act.

h.                  Your Coach cannot be held liable in any way for undeclared or unknown medical conditions.

1. Payment

 .                     Payment must be made via standing order ONLY. This must be set up BEFORE the attendance of the Biomechanical assessment (The clients first active session).

a.                   Session frequency and therefore payment will be agreed at the initial consultation.

b.                  Sessions must be paid for in advance BUT Sessions do not have to be scheduled at the time of booking.

c.                   Should you choose to stop your coaching at any stage, the remaining balance must be paid for any outstanding completed sessions.

1. Cancellation and Refunds

 .                   24 hours’ notice of cancellation or postponement is required for all appointments.

a.                  Notice of less than 24 hours will incur full payment of the full Session fee.

b.                  Unforeseen events will be taken into consideration on the day.

c.                  If the client wants to cancel their package for any reason, one month notice must be given.

d.                  Packages are non-transferable.

e.                  Missed session can be rolled into the next week but will not roll into the next month. A new payment must be paid.

f.                   Should your Coach go away your package will roll over or additional sessions can be arranged around this period in order to keep up with session frequency.

1. Lateness Policy

 .                     If the client is late the Session cannot be extended and will end at the appointed time.

a.                   If the Coach is late additional time will be added to the Session or to subsequent Sessions.

1. Health and Safety

 .                     Your Coach has completed and holds a current certificate for emergency first aid at work approved by the Health and Safety Executive.

a.                   Your Coach has £5 million public liability insurance cover.

b.                  If your Coach conducts the Sessions on your premises you are responsible for providing a safe exercise environment.

1. Liability

 .                     This Liability section applies only to the extent permitted by law. For the avoidance of doubt, the Coach does not exclude or limit any liability for: (a) personal injury (including sickness and death) where such injury results from his/her gross negligence or wilful default, or that of his/her, agents or subcontractors or (b) fraudulent misrepresentation.

a.                   The Coach and/or Move Three Sixty Limited (the “Company”) does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, specifications and descriptions of listed packages and services. The Trainer and/or the Company will use their reasonable effort to correct errors and omissions as quickly as practicable after being notified of them.

b.                  The Coach and Move Three Sixty do not accept any liability whatsoever for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Company’s website or services purchased from the Coach and/or the Company or any other damage howsoever caused.

c.                   The Coach and/or Move Three Sixty will only be liable for direct loss up to a maximum total of the price of the Sessions and/or services purchased by the Client in respect of any claim.

d.                  The Coach shall not be liable for any loss or injury attributable to:

i.                        the Client’s fault;

ii.                        a third party unconnected with the provision of services provided by your Coach; or

iii.                        events which your Coach, nor his/her suppliers or agents could have foreseen or forestalled, even if they had taken reasonable care.

e.                  The Coach is not liable for loss or damage to your property.

f.                    The Coach is not liable if you ignore his/her recommendation, at any time, to seek medical advice.

1. Intellectual Property

 .                     Any marketing, educational or other materials, including the Move Three Sixty programmes and/or any variations thereto and its nutrition services materials, made available to you will at all times remain the property of the Move Three Sixty and is subject to copyright.

a.                   You undertake to use such materials only for your own personal development and not to copy, publish or reproduce any such materials.

1. General

 .                     You understand that in the unlikely event of your Coach being unable to continue your training, for any reason, subject to availability you can have your Sessions transferred to another similar Coach if he/she agrees to take over his/her training or you can request a full refund from your existing Coach for any unfulfilled Sessions.

a.                   The Coach has the right to change these Terms and Conditions, for example, to be able to offer new services or as required by law. The Coach will notify you of any change. When such a change(s) is made, if dissatisfied you can cancel this agreement once you have made any payments already due to the Coach.

b.                  The Trainer may transfer (assign) all or part of this agreement to another trainer or organisation as long as your rights under this agreement are not materially reduced.

c.                   You are responsible for keeping all your contact information and marketing preferences up to date with the Trainer. In order to comply with the Data Protection Act 1998, the Trainer will only do what you ask him/her to do, or what you have given him/her permission to do with any personal or sensitive information held about you.

d.                  Your training may be filmed or pictures taken for marketing purposes. Your participation in a Session means you consent to photography, filming and sound recording which may include you as a Client and its use in commercial distribution without payment or copyright.

e.                  This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts.