1.1 Thank you for visiting www.body-right.com (“the Website”). The Website is operated and owned by Bodyright Fitness (“we”, “us”, “our” or “Bodyright Fitness”).
By reading information on Bodyright Fitness via the Website, you agree to follow the instructions provided on the Website and agree to the following Terms and Conditions. Once your application for a service from Bodyright Fitness (as a paid Member) has been accepted by Bodyright Fitness in accordance with these Terms and Conditions, you shall become a member of Bodyright Fitness (“you”, “your”, or “Member”).
1.2. PLEASE MAKE SURE YOU READ THESE TERMS AND CONDITIONS
1.3 We may change our Terms from time to time and may do so without notice. We will let you know what these changes are by updating them to this page, but it is your responsibility to check for updates. Changes will become effective as soon as they are posted on this page, therefore if you continue to use the Website after the posting of these changes to the Terms, it means that you accept such changes.
1.4 You must be at least 18 years old to use the information on this Website and to apply for any services with Bodyright Fitness. Bodyright Fitness reserves the right to deny services to anyone and to refuse any applications for services, in its own discretion, and no-one shall become a Member of Bodyright Fitness until they receive a confirmation email from us confirming that their application for Membership has been accepted. Once an applicant has been contacted by us confirming that their application for services has been accepted, then that applicant shall become a ‘Member’ of Bodyright Fitness and subject to the provisions of these Terms.
1.5 Any information given freely on the website or any programs advised via any of our services are for information purposes only, and are written with drug free athletes in mind. We do not condone the use of any performance enhancing drugs and using these is at your own risk.
3.1 Our Website may include links to, or details of information provided from other resources or internet sites. You take full responsibility for the use of any other sites and for using (or making the decision to use) any information obtained from such sites, purchase any of the products or services mentioned on another internet site and we shall not be liable in relation to any information provided on sites linked through from the Website. Remember your contract for any such other products and services will be with the provider of that internet site, not with us.
3.2. We are happy for you to link to our Website if you comply with the provisions of this Clause 3, and all applicable laws. Any site, service, company or individual that links to our Website must not: 3.2.1 change, alter or distort any content on the Website; 3.2.2 misrepresent its relationship, or present false information about Bodyright Fitness and/or any third parties referenced on the Website or information regarding other Members; 3.2.3 be a site that does not comply with all relevant laws and regulations or a site that contains content which could be considered as distasteful or offensive. If you breach any of the terms in this Clause 3, we have the right to require your link(s) to be removed and to take any appropriate legal action.
Activity Readiness-Questionnaire (“PAR-Q”)
4.1 Prior to acceptance of your application for a Bodyright Fitness service, we collect information about your health and medical history so that we have as much relevant information as possible to provide with a suitable and safe exercise program, based on the information you provide to us. If you agree to any of the following statements we will be unable to accept your application for a paid-for Membership subscription and we strongly recommend that you seek medical advice before undertaking any exercise program or strenuous physical activity.
By signing up for any of our services, you agree that your physician has stated you are able to undertake an exercise program if you have any of the following issues:
4.1.1 a doctor or medical professional has ever diagnosed you with a heart condition and indicated you should restrict your physical activity; 4.1.2 when performing physical activity you frequently feel pain in your heart and/or chest; 4.1.3 when you are not engaging in physical activity, you have experienced heart and/or chest pain in the past month; 4.1.4 you ever faint or get dizzy and lose your balance; 4.1.5 you have an injury or orthopaedic condition, such as a back, hip or knee problem, which may worsen due to a change in your physical activity; 4.1.6 you have high blood pressure and/or a heart condition in which a Doctor or Medical Professional is currently prescribing medication; 4.1.7 you are pregnant, or think you may be pregnant; 4.1.8 you have insulin dependent diabetes; 4.1.9 you are over the age of 65 and not accustomed to vigorous exercise; 4.1.10 you know of any other good reason you should not exercise or increase your physical activity even if you wanted to.
By signing up
for a service you also accept full responsibility for any loss or damage as a
result of the above issues, or anything else. The advice we give is for
informational purposes only and is not to replace the advice of your doctor.
4.2 We may ask you to provide us with an update to the PAR-Q information that you provide to us when submitting your application for services. If we are concerned with any of the responses we receive to any updates of this information, we reserve the right to terminate service in accordance with Clause 7.5.
Bodyright Fitness Services
5.1 Bodyright Fitness can change any paid-for service detailed on the Website or in any pre-contract information (including these Terms), at any time. Prices charged will be those confirmed to you at the time you submit your application for paid-for Membership and the prices mentioned below are by way of example only. We may make offers for Trial Services (defined below) to new users at any time – conditions applicable to each Trial period offer are set out in Clauses 5.2 to 5.5 below.
No refunds shall be given for any unused remaining period of your service.
7.1 Failure by the Member to use any of the services available for a Member through its subscription to Bodyright Fitness does not relieve the Member of their payment obligations under these Terms.
7.2 Potential customers can pay by Credit Card or Debit Card. Payment details, together with details of the subscription package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to PayPal, Stripe or Moonclerk online payment system for processing. The potential registrant / Member acknowledges that we hold data regarding the subscription package that is being signed up to by the potential registrant / Member, in addition to the last four digits and the expiry date of the card used to purchase the subscription package together with details on when payment of Fees are due. The potential registrant / Member further acknowledges and agrees that by sending their request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorises the continual payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount) so that PayPal, Stripe or Moonclerk can collect the payment for Fees from the Member’s Credit Card or Debit Card provided for payment through PayPal, Stripe or Moonclerk, for PayPal, Stripe or Moonclerk to forward payment of the Fees to us directly.
The potential registrant and/or Member shall NOT send credit card details to Bodyright Fitness directly by email or any other publically interceptable means, electronically or otherwise. All credit card transactions shall be processed through PayPal, Stripe or Moonclerk directly via the Website. Bodyright Fitness cannot be held responsible for the security of, or the misuse of, credit card or other personal information.
7.3 Potential registrants and/or Members should be aware that further terms and conditions required by PayPal, Stripe or Moonclerk may apply, and can be found at www.paypal.co.uk and www.Stripe.co.uk.
7.4 Bodyright Fitness reserves the right to immediately terminate a Member’s account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no ways relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event Bodyright Fitness starts collection processes of any type, the Member shall be liable for all collection costs, including reasonable legal fees and expenses.
7.5 Bodyright Fitness reserves the right to terminate a Member’s account and/or service for any reason, on serving notice to the Member at any time by email to the Member.
7.6 Bodyright Fitness reserves the right to terminate a Member’s account and/or service immediately if a Member has used the Website for unsuitable or inappropriate means or has behaved in an unsuitable manner, as determined by Bodyright Fitness in its entire discretion. The Member shall not be entitled to any refund of Fees if Bodyright Fitness terminates Membership in accordance with this Clause 7.6.
7.8 The Fees chargeable to paid-for subscription Members may exclude or include any applicable value added tax (VAT), or any other applicable tax or levy, that Bodyright Fitness may charge in addition to the Fees.
7.9 No Refunds: Bodyright Fitness abide by a strict, no refund policy. Where doubt exists over the program, our service or your ability to complete the program, by agreeing to these terms you accept responsibility for raising any issues prior to purchase with firstname.lastname@example.org. By accepting the terms of this agreement, you agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by Bodyright Fitness. Under certain circumstances, Bodyright Fitness may offer a refund within 14 days for services when stipulated prior to purchase, a refund will be void for the parts of the programme accessed and consumed.
7.10 All Bodyright Fitness payments that include a recurring element require a period of notice for cancellation. Accounts billed monthly require a 24 hour notice period. Accounts billed every 3-12 months require a 1 month notice period.
7.11 By continuing to pay Bodyright Fitness on a monthly basis, you are expressing your continued interest in the product and therefore refunds are not considered for previous months of service already delivered. Equally, no refunds are for coaching periods in the past even if the service was not fully consumed in this time.
7.11 There are no refunds available offered for offers purchased at a promotional price or in bulk. 3, 6 and 12 month packages are non-refundable.
7.12 For 7 day trial periods of the service, notice must be given 24 hours prior to the first billing date. If notice is not received, the first payment will not be refundable.
8 Our content
8.1 The copyright, trade marks, designs and any other intellectual property rights (“Intellectual Property Rights”) within this Website are owned by Bodyright Fitness or by third parties that have given us permission to use them. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms or by Bodyright Fitness with explicit prior written consent. Any unauthorised use of the images or other content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes. You acknowledge that damages may not be an adequate remedy for any infringement of our Intellectual Property Rights and that we shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of Intellectual Property Rights by you and that no proof of special damages shall be necessary for the enforcement of these rights.
9 Your content
9.1 Once you have registered as a Member you may post comments on our Website in the Forum, blogs or Facebook support group. The Member agrees to only post comments or information on the Forum, blogs, or Facebook support group in accordance with Clause 10 below and any other terms included on our Website. You acknowledge that any comments and/or information placed by you on the Website is entirely at your own risk and that Bodyright Fitness is not responsible for any comments made or actions taken by others from the posting of your comments and/or information. Bodyright Fitness does not verify the accuracy or truth of any comments and/or information placed by Members on the Website and Bodyright Fitness shall not be liable for an inaccuracies or untruths placed by Members on the Website.
9.2 You own any copyright in the text you post to our Community Forums and/or blogs within the Website. However, when you post any text, you expressly grant us a perpetual, unlimited, irrevocable free licence to republish that text on the Website, or as part of an edited compilation anywhere in the world.
9.3 By registering for a service at Bodyright Fitness you give permission for Bodyright Fitness to publish and reproduce your photographs in future articles. If you have any contention about anonymity, you may contact Bodyright Fitness and request that you are given a pseudonym or your identity is protected in the photos.
10 Community Forum
10.1 We encourage the sharing of information of our Members in our Community Forum (currently the Facebook support group) or on the website. However, we do require you to use our Community Forum in a lawful manner and in accordance with these Terms. You may not use the Community Forum for any illegal purpose and in particular, if you want to submit material to the Community Forum you must do so under the following terms and conditions. You must not: 10.1.1 post libellous or defamatory comments; 10.1.2 post anything relating to any ongoing or pending trial; 10.1.3 post content which you have copied from someone else (i.e. you do not own the copyright); 10.1.4 use profane language; 10.1.5 post or transmit any files containing viruses or other harmful computer code; 10.1.6 post a personal insult about another user/Member or contravene the privacy of any other person on the Website; 10.1.7 post xenophobic, homophobic or racist remarks; 10.1.8 post pornography, links to pornography or links to any other inappropriate sites; 10.1.9 advertise or solicit in any manner, or use the Community Form and/or the Website for any commercial or professional purpose; 10.1.10 post the same note more than once or ‘spam’; 10.1.11 impersonate another person; 10.1.12 after receiving a warning, disrupt the flow of dialogue, or post or transmit comments not related to the topic being discussed.
10.2 Please be aware the posting of information in the Community Forum is the opinion of the person posting them only and in no way reflects our opinions or attitudes. We operate an open Community Forum and sometimes messages are posted that could be misleading. You should therefore not rely on information within the Community Forum being accurate or complete. If you do, you do so at your own risk.
10.4 We encourage you to contact us if you ever feel a post violates our rules.
10.5 If you feel you have been threatened, damaged or abused in our Community Forum or if you believe any infringement of your rights may have occurred through this Website, please contact us via private message on the forum to any of the editors (Andrew).
11.1. Please see our separate document which details our Disclaimer in relation to the Website. This applies for all services we offer, and the advice given is for informational purposes only.
11.2 Bodyright Fitness shall operate the Website and provide the services set out on the Website with reasonable skill and care.
11.3 In addition to the terms of the Disclaimer, we shall not be liable for any dissatisfaction the Member may suffer in connection with the Website and/or services of Bodyright Fitness.
11.4 Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by our negligence (as such term is defined by the Unfair Contract Terms Act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
11.5 Subject to the foregoing, we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the services offered by the Website or the Website itself in any way or in connection with the use, inability to use or the results of use of this Website.
11.6 Subject to the foregoing, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount of Fee paid (if any monies have been paid to us) in the calendar month prior to any such liability being incurred, if any, by you to us for the service offered on the Website during the term of a Member’s Membership subscription.
11.7 By agreeing to these Terms, Members agree to fully and effectively indemnify us against all third party claims, costs, losses and/or liabilities relating to this contract and a Member’s usage of the Website or actions in relation to the Website.
12.1 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
12.2 In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of this are received by either of the parties from any relevant competent authority it may be severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
12.3 These Terms, and any document referred to herein, represent the entire agreement between us and the Member for the provision of any services and the Website and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing, in relation to the services. The Member acknowledges that, in entering into the contract with Bodyright Fitness on these Terms, that it has not relied upon any representation, undertaking or promise by Bodyright Fitness or be implied from anything said or written between the parties prior to the contract being finalised, except as expressly stated in these Terms. The Member shall have no remedy in respect of any untrue statement made by Bodyright Fitness, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the Member’s only remedy shall be for breach of contract as provided in these Terms.
12.4 These Terms are made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else who is not a party to it and the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply.