'BB Fitness Lifestyle Ltd' - CLIENT CONTRACT AGREEMENT
This contract was last updated in November 2021.
This is the contract of 'BB Fitness Lifestyle Ltd', a company registered in England and Wales under company number 12738237 and with registered address at 29 Wells Square, Westfield, Radstock, England, BA3 3UG.
This contract applies to your purchase of any services from 'BB Fitness Lifestyle Ltd'.
If you do not agree with the terms contained in this contract, please do not proceed with your purchase.
1 - PROGRAMME/SERVICE:
1.1 - BB Fitness 12 week challenge - £69 one off payment
- 1-year access to the all of my online content starting from the moment you sign up.
- 50+ Informative videos taking you on a structured and easy to follow step by step guide that will help educate you on the following, weight management, nutrition, training, goal setting, lifestyle changes and progress tracking.
- 10 real-time workouts split up into 3 training blocks which last 4 weeks each. (This is not a tailored resistance plan made to your individual requirements).
- You will have access to 500+ healthy downloadable recipes that will keep you feeling full and will help aid you in hitting your goals.
- You will have access to 50+ downloadable eat out survival guides that can help you make more sensible choices when heading out for food.
- Access to my private Facebook community group.
* Please also refer to item 4 below.
1.2 - BB Fitness Online Coaching Package - £300 one off payment
- An initial consultation via phone or video call.
- Tailored training and nutrition plan to be designed after initial consultation call. These plans will get updated when required within the 3 months. I plan to design your first plans within a week of the initial consultation call but can't guarantee this time frame.
- One consultation call via phone or video call each week for remaining 11 weeks, following week ones initial consultation.
- 3 months access to your BB Fitness online portal where you can find access to all of my supporting content from the first moment you sign up. This includes the following...
- 50+ Informative videos taking you on a structured and easy to follow step by step guide that will help educate you on the following, weight management, nutrition, training, goal setting, lifestyle changes and progress tracking.
- You will have access to 500+ healthy downloadable recipes that will keep you feeling full and will help aid you in hitting your goals.
- You will have access to 50+ downloadable eat out survival guides that can help you make more sensible choices when heading out for food.
- Access to my private Facebook community group.
- Q&A's.
- Email support.
* Please also refer to item 4 below.
2 - REFUND POLICY:
- The BB Fitness 12 week challenge is non-refundable as they are accessed digitally which means you receive full access instantly.
- The BB Fitness online coaching package is part-refundable due to some of the content being accessed digitally which means you receive access instantly. The amount refundable will be decided by 'BB Fitness Lifestyle Ltd' this will depend on factors such as how many consultations you have had and whether you have had custom training and nutrition plans designed or not.
- In the unlikely event that the website is unavailable due to technical issues or you lose access to the product you have paid for you must contact benblake@bbfitness.co.uk first and I will do my best to resolve the issue for you. If this issue remains unresolved then I will look at refunding you depending on your individual circumstances.
3 - DISCLAIMER AND/OR LEGAL NOTICES:
- The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to any of the information provided/advised on the BB Fitness website and Programmes.
- You are advised to consult a doctor prior to commencing the Programme. We are at no time deemed to provide you with medical advice. If you have any concerns about your health, you are responsible for bringing this to the attention of a doctor.
- 'BB Fitness Lifestyle Ltd' makes no representation, warranty, or guarantee that our Site will meet your 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.
- 'BB Fitness Lifestyle Ltd' makes reasonable efforts to ensure that the content on our Site 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.
- 'BB Fitness Lifestyle Ltd' 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.
- 'BB Fitness Lifestyle Ltd’s’ liability under this Agreement is limited to the price paid by you for the Programme.
4 - COPYRIGHT NOTICE:
- No part of the 'BB Fitness Lifestyle Ltd' Programmes/information 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 the creator. If it is brought to my attention that you are sharing or copying my content for other purposes than originally designed, your membership will be cancelled, and no refund will be issued.
- Your log in details must not be shared with anyone. If it is brought to my attention that log in details have been shared, your membership will be cancelled, and no refund will be issued.
5 - RESCHEDULING POLICY: (Online Coaching Package Only)
- I understand that life can get in the way at times, but should you wish to reschedule any of your weekly consultations you will need to contact me at least 24-hours before the scheduled consultation time. If you fail to notify me within this time frame your consultation may not be able to be rescheduled. You can notify me at benblake@bbfitness.co.uk with at least 24-hour notice and I will happily reschedule a time for your consultation.
6 - CLIENT RESPONSIBILITIES:
- I have put together these Programmes that can help you make healthy positive lifestyle changes that you can adapt to suit your individual needs. These 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 I cannot guarantee the results. I 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 BB Fitness Programmes. 'BB Fitness Lifestyle Ltd' makes no representations, warranties or guarantees verbally or in writing. The client understands that because of the nature of the Programme and its content, the results experienced by each client may significantly vary. 'BB Fitness Lifestyle Ltd' does not guarantee that the client will reach their goals as a result of participation in the Programme.
- My online Programmes education and information is intended for a general audience and should not be considered as specific advice tailored to any individual. 'BB Fitness Lifestyle Ltd' assumes no responsibility for errors or omissions that may appear in any of the plans material.
7 - CONFIDENTIALITY:
- Any information shared by the Programme’s participants with 'BB Fitness Lifestyle Ltd' 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. Clients 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.
- The client agrees not to violate the 'BB Fitness Lifestyle Ltd' publicity or privacy rights. furthermore, the client will NOT reveal any information to a third party obtained in connection with this agreement or company's direct or indirect dealings with the client including but not limited to; names, email addresses. third-party company titles or positions, phone numbers or addresses.
8 - TERMINATION:
- 'BB Fitness Lifestyle Ltd' is committed to providing all clients in the BB Fitness Programmes with a positive experience. By purchasing this Programme, the client agrees that 'BB Fitness Lifestyle Ltd', at its sole discretion can terminate this agreement, and limit, suspend, or terminate the client's participation in the Programme without refund if the client becomes disruptive to 'BB Fitness Lifestyle Ltd', client fails to follow the program guidelines, is difficult to work with, impairs the participation of the other participants in the Programme or upon violation of the terms as determined by 'BB Fitness Lifestyle Ltd'. The client will still be liable to pay the total plan amount.
9 - INDEMNIFICATION:
- Client shall defend, indemnify, and hold harmless 'BB Fitness Lifestyle Ltd', 'BB Fitness Lifestyle Ltd' officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgements, awards, settlements, investigations, costs, attorneys 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 'BB Fitness Lifestyle Ltd', or any of its shareholders, trustees, affiliates or successors. Client shall defend 'BB Fitness Lifestyle Ltd' in any legal actions, regulatory actions, or the like arising from or related to this agreement. Client recognises and agrees that all of the 'BB Fitness Lifestyle Ltd' shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the 'BB Fitness Lifestyle Ltd'. In consideration of and as part of my payment for the right to participate in 'BB Fitness Lifestyle Ltd' programmes, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors. and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programmes are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter 'Releases') of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in a equity arising from my participation in the Programmes.
10 - 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 Programme 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 website.
11 - DATA PROTECTION:
- We will need to obtain and process your personal data as part of tailoring the Programme to your needs and requirements if applicable on your chosen plan. 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 Programme and monitor progress. This data will not be shared with third parties. You may withdraw your consent to us holding this data at any time, and the data will be deleted from our possession, by emailing benblake@bbfitness.co.uk, but please note that this will mean we are unable to continue to provide you with the Programme.
12- GOVERNING LAW AND JURISDICTION:
- The parties hereby agree that this Agreement, and any non-contractual obligations arising hereunder, shall be governed by the laws of England and Wales, and the courts of England shall have exclusive jurisdiction.
- 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, may 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.
By signing up to the BB Fitness Programme you are acknowledging and accepting this 'BB Fitness Lifestyle Ltd' - Client Contract Agreement and fully understand the terms and conditions of this contract.
I look forward to helping you turn your lifestyle around.
Ben Blake
Director and Personal Trainer.
