The terms and conditions set out within this document apply to your purchase of the Bespoke coaching plans offered by EDL Coaching Limited. The contract for purchase will be between you (“the Client”) as the purchaser, and us (“the Coach”) EDL Coaching Limited, a company registered under Company Number 12400420 with registered address 76 Park Street, Horsham, West Sussex, RH12 1BX.
Please read the terms carefully as they affect your rights and liabilities. It is really important to Us that you purchase the most appropriate package to suit your needs. If you have any questions after reading the terms please do not hesitate to get in touch so that we can discuss further before you make your purchase. In proceeding to purchase a coaching programme from us you will be deemed to have accepted these terms in full without variation.
1.1 These terms and conditions shall come into force on the date on which you provide confirmation that you would like to proceed with your coaching and make the first payment, whichever is the latter and create an Agreement between you and Us. This date shall be known as the Effective Date.
1.2 These terms shall, subject to earlier termination in accordance with clause 10, continue in force for a period of 12 months, the ‘Initial Term’, from the Effective Date.
1.3 Following expiry of the Initial Term, this Agreement shall continue in force on a rolling monthly basis unless and until terminated in accordance with clause 11.
2. Coaching Package and Services
The Gold Package
The Silver Package
5. Fees and Charges
6.1 The Client shall pay the Coach the amounts set out in clause 6.
6.2 Fees are payable on the same day every month, with the date to be determined at the start of the agreement.
6.3 All fees are due in advance for the month ahead.
6.4 If the Client does not pay any amount properly due to the Coach under this Agreement, the Coach may charge the Client interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (such interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month).
7.1 The Coach warrants to the Client that:
(a) the Coach has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement; and
(b) the Coach has or has access to all necessary know-how, expertise and experience to perform its obligations under this Agreement.
7.2 The Client warrants to the Coach that:
(a) the Client has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement.
(b) the Client will provide complete and accurate information relating to their health and activity as requested;
(c) the Client will keep the Coach updated on any changes to their health and wellbeing and notify the Coach as soon as practicable if there are any changes and always at the beginning of any training or coaching sessions.
(d) the Client shall not cancel their direct debit payment without providing prior notice to the Coach.
(e) the Client understands and accepts that there is an Initial Term to this Agreement and that the Client is contracted to pay for the coaching services for the Initial Term, following which the contract will move to a rolling monthly contract unless notice is given in accordance with clause 10.
7.3 All of the Parties' warranties and representations in respect of the subject matter of this Agreement are expressly set out in this Agreement. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Agreement will be implied into this Agreement or any related contract.
7.4 The Client is aware that they should contact their GP for information and guidance prior to beginning any new workout regime.
7.5 The Client understands that if they experience chest pain at any point whilst exercising, they should stop immediately and seek urgent medical assistance or other assistance as required. Under no circumstances should the Client delay in obtaining medical treatment due to any information or guidance provided by the Coach.
8. Limitations and exclusions of liability
8.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
8.2 The limitations and exclusions of liability set out in this Clause 9 and elsewhere in these terms and conditions:
(a) are subject to Clause 8.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
8.3 The Coach shall not be liable to the Client in respect of any loss or damage which may arise as a result of this Agreement.
8.4 The Coach is reliant on the Client to provide open and honest disclosure of their circumstances.
8.5 The Coach shall not be liable to the Client in achieving desired results. Whilst the Coach will work with and guide the Client to achieve any desired outcomes, the Client accepts that results vary and there are no guarantees as to results of any kind.
8.6 If the Client is new to exercise or returning from a period of illness, a long break from exercise, a pregnancy or has any other health concerns, it is the Client’s responsibility to seek guidance from their GP prior to embarking on the Programme and to communicate any guidance provided to the Coach. The Coach shall not be held liable if any health-related information is withheld.
8.7 The Coach shall not be liable to the Client for any injury caused to the Client due to the Client’s failure to warm-up and cool-down appropriately, before and after sessions. Neither shall the Coach be liable for any injury sustained due to the Client’s failure to wear appropriate activewear including suitable footwear and reflective outdoor clothing as required for each session and for failing to training in a safe space for exercise.
9.1 Although there are services provided within the coaching package, a large part of the offering (eBooks, recipes, access to an extensive library of over 50 workout videos, community support via the Facebook group) is provided to the Client instantly upon signing up for the programme. As a result of instant access to the material you will be asked to waive your right to a refund within the first 14 days before being provided access to the course and course material.
9.2 Should you consider that you are entitled to a refund at any point then all refund requests should be made in writing to firstname.lastname@example.org and refunds will be discussed on an individual basis.
10.1 Unless the Parties otherwise agree in writing, the Parties shall be bound by the terms of this agreement for the Initial Term as determined in the definitions.
10.2 Either party may terminate this Agreement immediately by giving written notice of termination to the other party if the other party commits a material breach of this Agreement. Written notice must be sent to the address as set out as the appropriate address for the party in the recitals of this Agreement.
10.2 Either party may terminate this Agreement immediately by giving written notice of termination to the other party if:
(a) the Coach:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(vi) a person is appointed as an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the Coach;
(b) if either party:
(ii) as a result of illness or incapacity, becomes incapable of managing his or her own affairs; or
(iii) is the subject of a bankruptcy petition or order.
10.3 Following the Initial Term the contract for coaching services will continue on a rolling monthly basis with each party being required to give at least 28 calendar days’ notice to terminate. Should notice be given part-way through a month, the Coach shall invoice at the beginning of the following month for the remaining period of coaching outstanding.
10.4 Notice to terminate can be given in advance and within the Initial Term but cannot reduce the Initial Term unless both Parties agree in writing.
10.5 Any notice should be communicated by email to the Client’s contact email address and the Coach via email@example.com
11. Effects of termination
11.1 Upon the termination of this Agreement, all of the provisions of this Agreement shall cease to have effect, save that the following provisions of this Agreement shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 6, 6.4, 6.5, 11, 12.2 and 18.
12. Status of Coach
12.1 The Coach is not an employee of the Client, but an independent contractor.
12.2 The termination of this Agreement will not constitute unfair dismissal; nor will the Coach be entitled to any compensation payments, redundancy payments or similar payments upon the termination of this Agreement.
13.1 At the outset of the agreement the Client will be allocated one trainer appointed by the Coach to support and deliver all elements of the Services. As far as possible the Coach will provide all training and coaching sessions under this Agreement. However, from time-to-time, in circumstances such as ill-health, the trainer may not be able to provide the services. In such circumstances the Coach may allocate an alternative trainer, or subcontract any of its obligations under this Agreement and must give to the Client, promptly following the appointment of a subcontractor, a written notice specifying the subcontracted obligations and identifying the subcontractor in question.
13.2 The Coach shall remain responsible to the Client for the performance of any subcontracted obligations.
14.1 The Coach hereby grants to the Client an exclusive and revocable licence to use and store any materials provided during the coaching period and thereafter.
14.2 For the avoidance of doubt this licence does not allow the Client to copy, distribute, adapt, edit or share the materials with third parties.
15. Confidential Information
15.1 During the course of the Agreement both Parties may have access to confidential information, in particular the Coach in respect of the Client’s personal affairs and the Coach agrees to accept the restrictions in this clause 15.
15.2 The Coach shall not (except in the proper course of the provision of the agreed Services) either during the Engagement or at any time after the Term, use or disclose to any person, organisation or company and shall use its best endeavours to prevent the publication of, any of the Client’s Confidential Information. This restriction does not apply to any use or disclosure authorised by the Client or required by law. Neither does it apply to any information which is already in, or comes into, the public domain, otherwise than through the Coach’s unauthorised disclosure of the same, or which the Client has shared publicly.
16. Data Protection
16.1 The Coach shall only process personal data:
16.2 The nature and purpose of the processing shall be in accordance with the performance of this Agreement which is expressly not intended to be a data processing agreement and any personal data processed is incidental to the performance of the Services.
16.3 The obligations and rights of the Coach are to maintain the confidentiality of the personal data of the Client, process the personal data in accordance with the purpose and to communicate with the Client.
16.4 The Coach must implement appropriate technical and organisational measures to ensure an appropriate level of security is applied to the personal data processed.
18.1 No breach of any provision of these terms and conditions shall be waived except with the express written consent of the party not in breach.
18.2 If any provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the Parties, in which case the entirety of the relevant provision will be deemed to be deleted).
18.3 These terms and conditions may not be varied except by a written document (such document can be by email) by or on behalf of each of the parties.
16.4 Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under these terms and conditions.
18.5 The terms and conditions are made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to these terms and conditions are not subject to the consent of any third party.
18.6 These terms and conditions shall constitute the entire agreement between the parties in relation to the subject matter of this terms, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
18.7 At no time will the advice provided by the Coach constitute medical advice. If the Client believes they may be suffering from a medical condition they must should seek immediate medical attention. The Client should never delay in seeking medical advice because of information provided by the Coach (or any of the coach’s) trainers, who are not medical practitioners.
18.8 These terms and conditions shall be governed by and construed in accordance with English law.
18.9 The courts of England & Wales shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these terms.