By signing this Agreement, you irrevocably agree that, if New Healthy Body Ltd (the Company) approves your application and accepts you as a client, then this Participant Agreement (the “Agreement”) automatically becomes a binding contract between you and the Company, and applies to your participation in the Program. By signing below you are acknowledging you have read, agree to and accept all of the terms and conditions contained in this Agreement.
1.Scope of Participation
1.1 All services purchased from the Company must be preceded by the applicant declaring any physical and/or medical conditions & limitations which may affect their ability to participate safely in the Program/services. The Participant assumes responsibility of checking with their medical practitioner or other health care professional for medical readiness prior to participating in any of the Company’s programs/services.
1.2 The Company is dedicated to providing a Program/Service which matches the considerations of the participants as much as is reasonably possible within the chosen Program/Service. Whilst every effort is made to keep the Program/Service both safe and effective there is a risk of injury or death with every physical activity. The participant acknowledges that they are taking part of their own free will, and are aware of the risks stated herein.
1.3 The Company will compensate you for any loss or damage you may suffer if it fails to carry out its obligations under this Agreement or to a reasonable standard or breaches any duties imposed on it by law (including if the Company causes the death or personal injury to the Member by its negligence) unless failure is attributable to:
(a) entirely the Member’s fault;
(b) a third party unconnected with the Companies provision of services under this Agreement.
(c) events which neither the Company or its suppliers could not have foreseen or forestalled even if they had taken all reasonable care.
1.4 I/We reserve the right to refuse access to any Program/Service participant, if in our absolute discretion; we consider that the health of the individual concerned may be endangered by the Program/Service.
1.5 The Participant agrees that the Program/Service is non-transferable and is only for use by the Customer who has signed up to the Program/Service.
1.6 We are committed to providing all Program/Service participants with a positive experience. By signing overleaf, you agree that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the Program/Service without refund or forgiveness of monthly payments if you become aggressive, disruptive or difficult to work with.
1.7 We kindly request (out of respect for other users) that mobile phones or other devices are not used during the sessions except in the case of an emergency.
1.8 In the case of extreme weather such as exceptional snow or storm conditions, I/we may make a decision in the interest of everyone’s safety to temporarily cease operations. This decision will be based on Police, Met Office and Government advice. If such prevailing weather conditions occur Participants should refer to the business Facebook page for information or contact 07745337260. If sessions are missed due to such circumstances, additional sessions will be added to your account to be used within the month, in lieu of missed sessions. Refunds will not be given in this situation.
2. Fees, Payment & Bookings
2.1 The fees for the program/service are detailed on the final page of this Participant Agreement. The Client is responsible for full payment of fees for the entire selected Program/Service duration, regardless of whether you actually attend or complete the selected Program/Service, and regardless of which payment option you have chosen. Failure to make the agreed payments will result in default of the agreement and your agreement may be forwarded to a third party to recoup the full amount due for the remainder of your Program/Service plus any additional costs incurred.
2.2 All Program/Services are paid for in advance (either in full or by monthly instalments for the month ahead). Timeslots or places cannot be held until booked, and bookings cannot be made until payment is received.
2.3 All payments must be made on a timely basis. If payments are not made on a timely basis, the Company reserves the right to place the Program/Service on hold.
2.4 All sessions must be used within the specified timescales as outlined below:
– Each specific programme/service must be used within each calendar month. Any other concessions are at the total discretion of New Healthy Body Ltd.
2.5 Monthly rolling contracts set up by Preauthorisation card payments (Preauthorised) will automatically roll over at the end of each booking term. Preauthorised payments will be taken on or around the 1st day of each calendar month. It is the sole responsibility of the client to advise the company should they wish to terminate their contract. One weeks’ notice must be given via text, by email or in writing. Only on proof of receipt of such notice will the contract termination be accepted.
2.6 All bookings must be made directly with the trainer/instructor or through Team Up
3. Refund and Cancellation Policy
3.1 Cancellations of individual session bookings are accepted up to 24 hours in advance, and substitute sessions may be booked (subject to availability) before the end of the month.
3.2 Cancellations within 24 hours of the session are forfeited. If you are unable to attend a session due to circumstances out of your control the Company will determine on a case by case basis if a session credit may be offered. Additional evidence may be requested (e.g. a Medical Letter, evidence of flight delay etc). No refunds will be offered and session credits are at the sole discretion of the Company.
3.3 Cancellations must be made through Team Up, by text, email or by speaking to a trainer on the telephone.
Refunds are payable in the following circumstances: –
-An undeniably unavoidable circumstance prevents you from taking part in or completing your programme (determined on a case by case basis by the Company). Written evidence to support this may be requested.
-If appropriate a Program/Service credit will be offered in the first instance.
-We are notified of your circumstances before the commencement of the Program/Service.
-Program/Service Credits must be used within the calendar month or will otherwise be forfeited.
Refunds are not payable in the following circumstances: –
-You have changed your mind.
-Refunds are not payable for sessions that have taken place
-You don’t complete your programme.
– After you have been issued with dietary advice or exercise plan.
-You have booked on the session and do not attend at the appointed time.
-An appointment needs to be cancelled by the Company due to severe external conditions e.g. unsafe road conditions due to snow or a severe storm. An alternative session will be offered.
4. Attendance Protocol
4.1 The trainer will arrive on time and be ready to teach each session in accordance with the allotted time.
4.2 Participants are asked to arrive timely for every session.
5. Personal Property
5.1 Personal property brought to sessions are done so at the participants own risk and the Company does not accept liability for any loss or damage whatsoever to such items. For security reasons participants are advised to leave valuable items at home, and to keep personal belongings with them at all times.
6. Changes to Program/Services
6.1 Because we believe in constant improvement, you agree that the form and nature of the Program/Service may change from time to time without prior notice to you.
7. Money Back Guarantee on Satisfaction
7.1 If at the end of the first session you are not entirely satisfied that the program/service is right for you, you will be entitled to apply for a full refund of the fees for the program.
7.2 Requests for refunds must be made via email to the Company within 7 days of completion of the first session of the program/service.
8. Data Protection
8.2 Collection of Information
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our Clients. The information you provide could be used to market our products and services.
Distribution of Information
8.3 We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
8.4 Photographic evidence / before and after photographs / testimonies may be used to help advertise New Healthy Body services.
Please tick the box to confirm your permission to be included
9. Privacy, Copyright and Violations
We respect your privacy and must insist that you respect the privacy of fellow participants. By signing overleaf (or clicking to indicate acceptance if purchasing online), you agree not to violate the publicity or privacy rights of any Program/Service participant. We respect your conﬁdential and proprietary information, and must insist that you respect the same rights of fellow Program/Service participants and of the Company.
(1) not to infringe any Program/Service participant’s or the Company’s copyright,
(2) that any Conﬁdential Information shared by Program/Service participants or any representative of the Company is conﬁdential and proprietary, and belongs solely and exclusively to the participant who discloses it or the Company,
(3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with other Program/Service participants during Program/Service sessions.
By signing this Agreement, (or clicking to indicate acceptance if transacting online) you further agree that
(4) all materials and information provided to you (e.g. exercise plans) by the Company are its conﬁdential and proprietary intellectual property, belonging solely and exclusively to the Company and may only be used by you as authorised by the Company.
(5) the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited.
Further, by signing this Agreement (or clicking your acceptance online), you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in these terms and conditions, the Company and/or other Program/Service participant(s) will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
We have made every effort to accurately represent the Program/Services and their potential. Each individual’s results depend on many factors, including their individual considerations from the outset, his or her dedication, desire, and motivation. By accepting these terms and conditions you acknowledge and agree to all of the above.
By signing, I hereby agree I have read and understood the Participant Agreement detailed above and that I would like to fully participate in this program.