TERMS AND CONDITIONS
1. ABOUT US
1.1. Company details. Run Further Coaching is a non-limited company, whose main trading address is in North Yorkshire, LS25.
1.1.1. Contacting us. To contact us email runfurthercoaching@gmail.com.
1.2. Professional indemnity insurance. All coaches and personnel of the company who provide the services hold professional liability insurance. Information of such can be provided from us or them at any time.
2. OUR CONTACT WITH YOU
2.1. Our contract. These terms and conditions (Terms) apply to the order made by you and the supply of services by us (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2. Acceptance of terms. By making any order with us, all parties agree to be bound by the content of these terms and conditions.
2.3. Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3. PRE-SERVICE ENQUIRES, CONFIRMATION
3.1. Initial Enquires. Any initial enquires with regards to the provision of services by us, can be made by following the onscreen prompts on our website. Alternatively, you can contact us by any of the contact methods detailed on our website.
3.2. Health Questionnaire. You will be required to complete a short health-questionnaire so that we, and the personnel engaged by us for the delivery of the services, can be made aware of any health concerns of which you may suffer. All information provided by you, will be held in the strictest confidence and in full compliance with our privacy policy.
3.3. If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will destroy all personal information provided by you to us.
3.4. Acceptance to Supply Service. After we have discussed with you your goals, aims and objectives and have had time to review your health questionnaire, we will arrange for you be allocated a suitably qualified coach, who can best provide the required services to meet your needs.
3.5. No Guarantee. Where we agree to supply the services to you, it must be noted, that whilst each fitness and training regime will be tailored to your specific needs, given the wide range of factors which may hinder or impede progress, no guarantees are made to their effectiveness and no issue or claim can arise because of such targets not being met.
4. CANCELLING YOUR ORDER
4.1. You may cancel any pre-arranged sessions, if you notify within 48 hours of the session date.
4.2. Notice of less than 48 hours will incur full payment of the full Session fee.
4.3. Once purchased, your Sessions are non-refundable and non-transferable.
4.4. To cancel the Contract, you must notify us via e-mail. We will email you to confirm we have received this.
4.5. Subscription services (Performance Pro) are subject to a minimum of a three month sign up period.
5. COACH OBLIGATIONS
5.1. The Coach will use their skills and knowledge to design a safe programme of exercise that will consider your lifestyle, personal goals, fitness levels and medical history.
5.2. The Coach will provide the coaching, supervision, advice and support that you will need to achieve your goals.
5.3. You understand that the results of any fitness programme cannot be guaranteed. Your progress depends on your effort and co-operation in and outside of the sessions. In particular, you acknowledge that individual results may vary and no particular result is guaranteed by your Coach.
5.4. All Client information will be kept strictly private and confidential.
6. YOUR OBLIGATIONS
6.1. It is your responsibility to ensure that:
a) the terms of your order are complete and accurate;
b) you co-operate with us in all matters relating to the Services;
c) It is understood between you and your Coach that both must commit to your training programme 100% in order for you to achieve results;
d) You are required to arrive on time for each Session so that the Coaches full training plan is achieved on each visit.
e) You are required to wear appropriate clothing and footwear.
f) You are required to complete a Health Questionnaire before undertaking your first session.
g) Your Coach may require a letter of ‘medical clearance’ from your GP. Please be aware that your GP may charge for providing this letter.
h) You understand and agree that it is your responsibility to inform the Coach of any conditions or changes to your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury.
i) If your Coach requires further medical information from a practitioner, you must provide such details.
j) You understand that there are inherent risks in participating in a programme of strenuous exercise. If you sustain or claim to sustain any injury while participating in training, you acknowledge that the Coach is not responsible, except where the injury was caused by his/her gross negligence or intentional act.
k) Your Coach cannot be held liable in any way for undeclared or unknown medical conditions.
7. SERVICES IN UK ONLY
7.1. In person sessions are only available in the UK. If a training location is outside a 10 mile radius from LS25, fuel charges will be included in your invoice.
8. CHARGES
8.1. In consideration of us providing the Services you must pay our charges (Charges) in accordance with this Clause 8.
8.2. The Charges are the prices quoted on our site at the time you submit your order.
8.3. If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
8.4. We reserve the right to increase the Charges for the services at any time. Any order already placed prior to the change in those charges will be charged at the former rate with all other session charged at the new rate.
8.5. We will notify you of any changes to our charges.
9. INVOICES AND PAYMENT METHOD
9.1. All payments are to be made via direct debit or bank transfer.
9.2. Payments for subscription services (Performance Pro) will be taken on the 1st of each month.
9.3. For one off payments, namely the Sprint Starter package or any in-person sessions, The Company will send you an electronic invoice providing an itemised breakdown of the services completed.
9.4. Payment must be made within 7 days of the receipt of the electronic invoice.
9.5. If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under this Agreement, you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest will accrue daily and be representative of 2% of the total sum owing on the invoice(s) in question.
10. COMPLAINTS
10.1. If a problem arises or you are dissatisfied with the Services, please contact us immediately and a member of our team will be in contact to discuss your complaint and mutually decide upon a suitable remedy.
10.2. Alternatively, if you feel comfortable in doing so and if the complaint concerns the intensity of the programme formulated by the coach, or any other aspect of the programme, please feel free to raise such concerns directly with the coach, who will discuss the matter with you.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1. We will use any personal information you provide to us to:
a) provide the Services;
b) process your payment for the Services; and
c) Inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
11.2. Further details of how we will process personal information are set out in our privacy policy which can be read on our website.
12. LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
12.1. We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a) loss of profits;
b) loss of sales or business;
c) loss of agreements or contracts;
d) loss of anticipated savings;
e) loss of use or corruption of software, data or information;
f) any indirect or consequential loss.
12.2. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
12.3. This Clause 12 will survive termination of the Contract.
13. CONFIDENTIALITY
13.1. We undertake that we will not at any time during the Contract disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by Clause 13.2.
13.2. We each may disclose the other’s confidential information:
a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this Clause 13; and
b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
13.3. Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
14.2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
a) we, or the individual engaged by us, to provide the services, will contact you as soon as reasonably possible to notify you; and
b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
15. COMMUNICATIONS BETWEEN US
15.1. When we refer to “in writing” in these Terms, this includes email and other communicative means, including WhatsApp messenger and text.
15.2. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
16. GENERAL
16.1. Assignment and Transfer.
a) We may assign or transfer our rights and obligations under the Contract to another entity (but will always notify you in writing or by posting on this webpage if this happens).
b) You may not assign or transfer your rights or your obligations under the Contract to any other another person. Any sessions which are arranged and pre-paid must be attended by the you. No other person can be granted the rights under the contract.
16.2. Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
16.3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
16.4. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
16.6. Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.