TERMS AND CONDITIONS
PERSONAL TRAINING, KETTLEBELL CLASSES & HEALTH COACHING
1. All 1-2-1 Transformation & Personal Training packages will expire 6 months from purchase date.
2. This agreement sets forth the entire understanding of both parties and may not be changed except by written consent of both parties. The terms of this agreement will apply equally to each session and it’s understood by both parties that this agreement will remain legally binding.
3. Exercise levels will be progressive and regulated by the trainer.
4. By agreeing to participate in these packages including personal training you are agreeing to follow the guidelines set out by your trainer throughout the duration of the training programme.
5. A 24 hour cancellation policy applies to scheduled sessions. Sessions cancelled or rearranged less than 24 hours in advance will be charged in full to the client. If a session is cancelled within 24 hours by the personal trainer, a complimentary session will be offered. The cancellation policy will be adhered to in all cases. Cancellation must be made in writing via text message or Facebook message and also via the scheduling software.
5. Sessions will last 1 hour unless otherwise stated and shall start at the scheduled time. Sessions will not be extended due to lateness of the client or due to interruptions caused by the client. Sessions can be cancelled or rearranged by contacting the personal trainer directly by text on 07950 457654 or via Facebook message but must be done in writing.
6. Any client who is not at the agreed meeting place within 20 minutes of the agreed scheduled time shall be deemed to have cancelled and charged for the entire session.
7. Sessions must be paid for in advance before the session commences by PayPal online payment or a cash payment.
8. Refunds will not be given due to illness, injury or non participation for sessions or classes.
9. Clients paying by PayPal may incur additional fees for online payment or installment payments but these are made clear at time of purchase.
10. Nutritional Plans are only given out once payment is made (first installment or in full)
11. Nutritional Supplements are only given once payment is made (first installment or in full)
12. Lisa Barwise reserves the right to cancel appointments if payment is outstanding.
13. All Photos, measurements and results attained during training may be used for promotion purposes (though client will always be asked for permission)
14. Rates and prices can vary at any time at the discretion of the Lisa Barwise.
15. All class bookings are made online and are non refundable.
16. If classes are missed due to non attendance, then this is done so at the responsibility of the student and will not be refunded or transferred.
17. If classes are known to be missed and mindfully communicated, it is at the discretion of Lisa Barwise to offer credit to another class, but this is done in good will on a case by case basis and based on space available.
MENTORSHIP, SOCIAL MEDIA AND ONLINE PROGRAMMES
Term of Agreement
The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties.
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP (UK Pounds Sterling).
For the services rendered by the Service Provider as required by this Agreement, the Customer will provide compensation (the “Compensation”) to the Service Provider as follows:
Customer pays price listed in invoice provided.
The Compensation will be payable, while this Agreement is in force, according to the following payment terms:
◦ Payments are due in full before services begin unless otherwise
Provision of Extras
The Customer agrees to provide time, energy and interaction towards trainings.
In the event that the Customer does not comply with the rates, amounts, or payment dates provided in this Agreement, a late pay- ment penalty will be charged as follows:
◦ Services will be put on hold until full payment has been made. If payment is not made within the date agreed upon, client will forfeit and future trainings or courses.
Confidential information (the “Confidential Information”) refers to any data or information relating to the Customer, whether business or personal, which would reasonably be considered to be private or proprietary to the Customer and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.
The Service Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Service Provider has obtained, except as authorized by the Customer. This obligation will end on the termination of this Agreement.
All written and oral information and material disclosed or provided by the Customer to the Service Provider under this Agreement is Confidential Information regardless of whether it was provided be- fore or after the date of this Agreement or how it was provided to the Service Provider.
Ownership of Materials and Intellectual Property
All intellectual property and related material (the “Intellectual Property”) including any related work in progress that is developed or produced under this Agreement, will be the property of the Service Provider. The Customer is granted a non-exclusive limited use license of this Intellectual Property.
Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Service Provider.
Return of Property
Upon the expiry or termination of this Agreement, the Service Pro- vider will return to the Customer any property, documentation, rec- ords, or Confidential Information which is the property of the Cus- tomer.
Inproviding the Services under this Agreement it is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Allnotices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
a Email: firstname.lastname@example.org
b Lisa Barwise The Wellpreneur
c 26 Malton Vale
d Belfast BT9 6HZ
or to such other address as any. Party may from time to time notify the other.
Each Party to this Agreement will indemnify and hold harmless the other Party, as permitted by law, from and against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever to the extent that any of the foregoing is directly or proximately caused by the negligent or willful acts or omissions of the indemnifying Party or its agents or representatives and which result from or arise out of the indemnifying Party’s participation in this Agreement. This indemnification will survive the termination of this Agreement.
The Service Provider will be required to maintain general liability insurance including coverage for bodily injury and property damage at a level that would be considered reasonable in the industry of the Service Provider based on the risk associated with characteristics of this Agreement and only to the extent permitted by law. All insurance policies will remain materially unchanged for the duration of this Agreement.
Limitation of Liability
It is understood and agreed that the Service Provider will not be liable to the Customer, or any agent or associate of the Customer, for any mistake or error in judgment or for any act or omission done in good faith and believed to be within the scope of authority conferred or implied by this Agreement.
30 day Academy Courses: Each course requires 30-60 minutes of your time each day. Please plan accordingly. If you miss 5 days (without prior consent or knowledge), you will be removed from training and forfeit your investment.
Clients are required to schedule and cancel consultations in a timely manner. If you have not scheduled your consultation within 2 weeks of start date, you will forfeit your consultation.
Cancellation Policy: Consultations should be cancelled within 24 hours of set date. If you need to reschedule your academy course date, payment made will be applied to a future course or service scheduled within 60 days of cancellation. If no action is taken to re- schedule after 60 days, investment will be forfeited.
Any amend mentor modification of this. Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
The Service Provider will not voluntarily or by operation of law as sign or otherwise transfer its obligations under this Agreement with- out the prior written consent of the Customer.
It is agreed that there is no representation,warranty,collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, succes- sors and permitted assigns.
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
It is the intention of the Parties to this. Agreement that this Agree- ment and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accord- ance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Ohio, without regard to the jurisdiction in which any action or special proceeding may be instituted.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.