By purchasing this service, you accept that the Terms and Conditions set out below represent a legally binding contract between yourself and Ben Clark Coaching Ltd.
*See Clause 18 for information on minimum commitment periods and cancellations.
- Physical exercise can be strenuous, meaning you are at risk of serious injury. Ben Clark Coaching Ltd recommends that you obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any performance/physique enhancement products are entirely under your responsibility and you should consult a physician or other expert practitioner as the case may be prior to undergoing any dietary or food supplement programme or changes. Furthermore, you agree that you are participating in these activities of your own volition and initiative and that by using the advice provided by Ben Clark Coaching Ltd, you hereby acknowledge and accept all risks of injury, illness, or death.
- By signing this contract, you have acknowledged that you have carefully read these terms and conditions. This means you wholly understand that they include and incorporate a comprehensive and binding release of liability by you in respect of Ben Clark Coaching Ltd. Under the included terms, you agree to release and discharge the said online trainer(s) (and/or employees, directors or officers of Ben Clark Coaching Ltd) from any and all claims or causes of action. You also agree to give up, release or waive any right that you may otherwise have to bring any such legal action against Ben Clark Coaching Ltd for personal injury, property loss or damage.
- To provide full clarity, to the extent lawfully permitted, the release and waiver set out in clause 2 above includes any action under the tort of negligence (whether such negligence is founded in statute, common law or otherwise).
- If any portion of this release form and waiver of liability shall be deemed by a Court of competent jurisdiction to be invalid, then you agree that the clauses and provisions of these terms and conditions and this contract are severable where permitted and that the remainder of this release form and waiver of liability shall remain in full force and effect and the offending provision(s) shall be severed here from accordingly.
- Results from my coaching services, training programmes, nutrition advice, and training and nutrition course will vary. I thereby do not guarantee any specific outcome. The training and nutrition course is provided as guidance only, and Ben Clark Coaching Ltd shall not be held liable for any injury, illness, death, or damages resulting from participation in or reliance on the course.
- Subject always to the provisions of clause 7, once the first package and any deposit for online coaching has been paid for, you agree that such payment is non-refundable.
- Ben Clark Coaching Ltd‘s 30-day money-back guarantee is dependent on your commitment. If you have followed all training, nutrition and supplement advice, and you have checked in weekly in the first 30 days and not progressed at all, Ben Clark Coaching Ltd will refund your first payment.
- It is entirely your responsibility to submit your weekly check-in form and maintain communication with me for 1-1 online coaching services. If I do not hear or receive check-ins from you, I am under no obligation to follow up with or chase you.
- Data Processing Doc ID: d1f2d96ee159e52e74d0f12a7fba42ba5eacea44 Definitions :– Data Protection Legislation: the General Data Protection Regulation 2018 (“GDPR”) as amended or updated from time to time, or any successor legislation. Personal Data: any
information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. For the purposes of the Data Protection Legislation, the customer is the data controller and Ben Clark Coaching Ltd is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). Ben Clark Coaching Ltd shall, in relation to any Personal Data processed in connection with the performance by me of my obligations:- (a) process that Personal Data only on the written instructions of the Customer; (b) ensure that it has in place appropriate technical and organisational measures (that can be reviewed and approved by the Customer at the Customer’s request), to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it); (c) ensure that only those individuals that need to access or process Personal Data will have access to and/or process Personal Data and those individuals are and will continue to be obliged to keep the Personal Data strictly confidential in compliance with the Data Protection Legislation; (d) assist the Customer, at the Customer’s request and reasonable cost, in responding to any request from a
Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; (e) notify the Customer and the Information Commissioner’s Office (“ICO”) without undue delay (and in any event in compliance with the required timescales set out in the Data Protection Legislation) on becoming aware of a Personal Data breach; and (f) at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by the Data Protection Legislation to store the Personal Data. You hereby consent to Ben Clark Coaching Ltd appointing STRIPE as a third-party processor of Personal Data under this agreement. Ben Clark Coaching Ltd confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement substantially on that third party’s standard terms of Doc ID: d1f2d96ee159e52e74d0f12a7fba42ba5eacea44 business, but in any event, that such terms will ensure compliance by the third party with the Data Protection Legislation.
- Ben Clark Coaching Ltd reserves the right to use any “before and after” images within promotional materials, both web-based and offline and, accordingly, you hereby consent to this usage.
- The information and advice provided by Ben Clark Coaching Ltd is not that of a medical professional and anybody wishing to follow the advice/programme is required to seek the advice of a qualified medical professional before doing so.
- These terms and conditions are deemed to be accepted and agreed by you upon purchasing Ben Clark Coaching Ltd services via its STRIPE payment system, without signature unless otherwise agreed upon in writing by both parties.
- These Terms and Conditions and the relationship between you and Ben Clark Coaching Ltd (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England. Any dispute, controversy, proceedings or claim between you and Ben Clark Coaching Ltd relating to these Terms and Conditions or the relationship between you and Ben Clark Coaching Ltd (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.
- Ben Clark Coaching Ltd Online Coaching complies with a 14-day cooling-off period, however, once a client has received their online coaching programme or logged into their account on the Ben Clark Coaching Ltd Online Coaching app and accessed any materials/resources, the 14-day cooling-off period is then void.
- You will maintain a high level of communication, check in on time, give your best efforts, and give the process your all for a minimum of 3 months (1 month’s notice thereafter) if you want to pause or stop the Ben Clark Coaching Ltd 1-1 online coaching services.
- Group Coaching Terms: (a) You agree to adhere to all community guidelines in the group chat, including maintaining respect, avoiding offensive language, and staying on-topic. Any breach of these guidelines may result in removal from the group without a refund. (b) Group coaching requires a minimum commitment of 3 months. After this period, you may cancel by providing 1 month’s written notice via email to info@benclarkcoaching.com. (c) The advice provided in group coaching is for guidance only, and you assume all risks associated with participation. (d) Ben Clark Coaching Ltd shall not be held liable for any injury, illness, death, or damages resulting from participation in group coaching. Please type your name, the current date and your
signature below to sign and agree to the above document:
