Sophie Heath Women’s Fitness & Nutrition: Terms and Conditions
These terms and conditions will apply to anyone using or purchasing any services or products via the website or directly with Sophie Heath via email or by phone. They explain what you can expect from us and what we can expect from you.
These Terms and Conditions set out the whole agreement between you and us for the supply of goods and / or services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be legally bound by them. If at any time you do not agree with these Terms & Conditions, please do not use or purchase our services or products.
“Sophie Heath” “us” “we” and “our” means Sophie Heath Women’s Fitness and Nutrition
TERMS AND CONDITIONS ARE SET OUT BELOW FOR EACH SERVICE PROVIDED: PLEASE SEE THE SECTION RELEVANT TO YOUR BOOKING:
- Fitness classes
- Return to movement online plan
- Sophie Heath events
- Personal Coaching
- CLASSES
1.1 COVID-19 GUIDELINES FOR IN PERSON PARTICIPANTS - PLEASE READ:
- Please clean your hands prior to class commencing, during class where appropriate and after class using either antibacterial hand gel provided or your own. Some venues may also have the facilities to wash your hands with soapy & water.
- Participants are asked to bring to class their own exercise mat (or something to lie on) and a long resistance band & small loop resistance band. If the venue has mats available to use, please ensure they are sanitised before and after use.
- Participants should follow all government guidelines in terms of social distancing and contact with others prior to and after class
- It is recommended that you arrive to class 5 minutes before the start time to ensure time to set up and be ready for the warm up to commence, however please avoid arriving much before this to ensure gatherings do not happen and classes do not cross over
- For indoor venues, you are encouraged to wear a mask on arrival and departure, but this is optional.
- When necessary markings will be provided to show you where to place your mats to ensure social distancing. If required, this will be your area for the session and we kindly ask that you and your child/children are careful to stay within this space and mindful of social distancing with those around you.
- If we are to do any exercises on the move please be mindful of others and keep distance where possible.
- Please wipe down any equipment used with sanitiser at the end of class where relevant
- We ask that you kindly clear away any rubbish after class and ensure your area is how you found it when you arrived.
- It is important that you follow all current NHS and PHE guidelines on self-isolation and do not attend our classes during this time – please see the NHS website for up-to-date guidelines.
- We recommend lateral flow testing prior to class if you are attending in our indoor venues to try to keep everyone safe, especially if you display any symptoms of any variant of COVID-19.
- In the event you are unable to attend a session for reasons related to COVID-19 no refunds will be given and we are unable to offer swapping of classes due to keeping groups consistent.
- In the event of lockdown or a similar COVID-19 event preventing face to face sessions going ahead the sessions will either be offered virtually, rescheduled for a later date or the balance will be credited to your account. This will be decided by us at the time.
- We encourage all participants to report any infection of their household to the Test and Trace system following participation to limit the spread of the virus.
- Participants are required to get medical clearance before commencing exercise again.
- Track and Trace: we reserve the right to pass on your personal details to the track and trace system when necessary and we will inform you as soon as possible if we are contacted by track and trace if you are required to take action. We encourage you to check in via the test & trace system at venues that have this function.
- Participants deemed ‘clinically extremely vulnerable’ should continue to follow government advice
1.2 BOOKING
- Your booking is unique to you and you cannot transfer it to another person.
- Please ensure you fill out the online booking details correctly.
- Payment will be taken via card at the time of booking through our online booking system.
- You will be informed when making a booking of the dates that your Yummy Mummies classes are running each term.
- If you would like to join a class midway through a term, please contact us to discuss your options.
- If you purchase our PAYG credits / class pass you must then book into your chosen class. Please book at least 12h prior to the class start time.
- Any PAYG credit / class passes purchased expire after 45 days.
- Once you have completed registration it indicates you have read and agreed to the terms and conditions set out within this document, as well as those in the PARQ disclaimer.
- If you place a booking and do not receive confirmation of successful completion within 2 hours of placing your booking, please let us know. Please check your spam folder for this.
1.3 PARTICIPTION
- For Yummy Mummies “Mum & Baby” and "Online Core & More" class you must be at least 6 weeks post birth, 10 weeks post c-section, and must be signed off by the GP to commence exercise after your 6–8-week check.
- For Yummy Mummies “Women's Only” classes you must be at least 6 months post natal, fully recovered with no pelvic floor dysfunction and no diastasis due to the nature of the class.
- For Yummy Mummes "Bump" class you must be at least 16 weeks pregnant and be signed off by your GP or midwife to take part in exercise
- You must fill out a pre-screening form prior to participation to ensure you are safe to exercise.
- You must wear appropriate clothing and footwear for physical activity (please consider the weather conditions if the class is held outdoors). Clothes should be non-restrictive, and footwear should be comfortable and provide adequate support.
- Please bring water to class and anything else necessary e.g. sun cream on sunny days for classes held fully or partly outdoors
- You must be over the age of 18 to take part in Yummy Mummies classes. By registering an account or accessing or using any of the services or products you represent and warrant that you are at least 18 years old.
- For Yummy Mummies Mum & Baby attendees who are unable to make the live class, or for all attendees of the online Core & More class, participants will be given access to a recording of an online Core & More class for 1 week - you must ensure you complete all aspects of the class (including warm up and cool down) to reduce the risk of injury
1.4 CLASS TIMES AND LOCATION
- Class times and location are subject to change, but this will be communicated on announcement of a new term
- We reserve the right to amend class times and format should the minimum class participant number (4 participants) not be reached. In this case participants will be contacted and given the choice to have a refund or accept the new class time. The daytime classes may be merged in this circumstance.
- Term dates and breaks between terms will be variable in length and will be announced when booking becomes open for the next term.
1.5 LATENESS
- If you are late to a session your participation may be refused if you have missed the warmup.
- It is recommended you arrive to class 5 minutes prior to the start time to get set up and be ready for the warmup to commence.
1.6 BAD WEATHER – outdoor classes
- We will always endeavour to run outdoor classes in all weather conditions and adapt sessions accordingly, however in the case of very heavy rainfall or extreme weather conditions classes may be held over zoom. If this is the case, you will be contacted at least two hours prior to the start time.
- Zoom system requirements can be found here https://support.zoom.us/hc/en-us/articles/201362023-System-Requirements-for-PC-Mac-and-Linux?mobile_site=true
- You should not record these sessions
- In the event of streaming disruption a pre-recorded class will be offered, or a refund will be given – this decision will be made by us at the time of the event.
1.7 CANCELLATIONS AND REFUNDS
- All packages are non-refundable and non-transferrable. We are under no obligation to refund or transfer your money if you are unable to attend one or more classes in the term – including the reasons of holidays and sickness. Bookings cannot be cancelled once payment for the term has been processed. We will endeavour to offer an alternative for a missed class however we regret that we are not always able to do so.
- Classes booked using our PAYG credit / class passes incl bundles are non-refundable if cancelled within 24h of the class start time. If cancelled with more than 24h until the class start time then credits will be re-applied to your account to be used within the expiry timeframe. Should a full refund of credits be required, please contact us via email at sophie@sophieheath.co.uk.
- We have the right to cancel classes without refund in exceptional circumstances beyond our control (including but not limited to fire, flood, vehicle breakdown, serious illness, treacherous snow etc). Wherever possible we will either run a virtual class or arrange a catch-up class at an alternative time, however, this is not guaranteed.
- In the event of lockdown or a similar COVID-19 event preventing face to face sessions going ahead then the sessions will either be offered virtually, rescheduled for a later date or the balance will be credited to your account. This will be decided by us at the time.
1.8 HEALTH AND SAFETY
- For all face to face classes, the instructor is responsible for ensuring any equipment provided is in good working order and ensuring a safe exercise environment.
- For any virtual classes, you are responsible for ensuring the safety of your exercise environment and any equipment you use.
- You must not put the health, safety or wellbeing of other attendees, your instructor or any member of the public at risk.
1.9 BABIES AND TODDLERS
- Babies and toddlers are always welcome along to our daytime “Mum & Baby” classes; however they are not allowed to take part in any form of the exercise.
- If your child is present with you during a session, you are fully responsible for their health and safety.
- Babies and toddlers must remain in a pram / buggy or in your own exercise area. If they need to be attended to, you must stop exercising and attend to them. They must not be held or attended to whilst you are exercising as this may lead to injury.
- Parents are asked to keep their children at home if they have a serious infection and to inform us as to the nature of the infection so that other parents can be alerted.
- I understand that on occasions it may be necessary for my instructor to handle my child and I give full consent to this.
1.10 TRAINER OBLIGATIONS
- Your instructor is a fully qualified fitness instructor and personal trainer and is an advanced post-natal wellness practitioner.
- The instructor will use their skills and knowledge to design an appropriate exercise class for class participants.
1.11 RESPONSIBIITIES OF THE CLIENT
- Please disclose to your instructor if you should not take part in physical activity (due to reasons such as, but not limited to, pregnancy or birth, ill-health or injuries). Your trainer cannot be held liable in any way for any undeclared or unknown conditions.
- You agree to complete your online registration form and your pre-screening form with accurate information.
- Wherever possible alternative exercise options will be given to account for common issues a post-natal participant may have, however, all individual participants are responsible for ensuring they only take part in exercises that are safe and appropriate for them to do without causing any discomfort or pain. Please speak to your instructor if you feel any discomfort or pain, and / or need any alternatives.
- You understand that there are inherent risks in participating in a physical activity class.
- If you have an accident or injure yourself at one of our classes, you must report this to the instructor straight away. If you sustain or claim to sustain an injury whilst participating in class, you acknowledge that the trainer is in no way responsible, except where the injury was caused by their gross negligence or an intentional act.
- Should you experience unusual feelings or symptoms during the sessions please report it to your instructor straight away.
- Please keep all possessions safe during classes. We will not take responsibility if valuables are damaged, lost or stolen.
- Your participation is voluntary, and you can change your mind or stop the session at any stage.
- You understand that the results of any fitness class cannot be guaranteed. Your progress depends on your effort and commitment in and outside of class.
1.12 CLASS RULES
- You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other class members or instructors.
- We may refuse admission to or ask you to leave the relevant class if your instructor reasonably believes that you have broken any section of the above statement. No refund will be given if you are asked to leave a class in such circumstances.
1.13 PHOTO PERMISSIONS
- We allow photos to be taken by participants during sessions but only of yourself and your own child if they are attending - we ask for the respect of other participant’s wishes and that they, or any child attending with them, are not photographed nor placed on media sites.
- We reserve the right to take photographs or film of our classes, which may include you and your children, and to use this content for marketing, press and promotional purposes.
1.14 INTELLECTUAL PROPERTY
- Any marketing, educational or other materials made available to you will at all times remain the property of the instructor and is subject to copyright.
- You undertake to use such materials only for your own personal, non-commercial, use and not to copy, republish, reproduce, or share any such materials.
- You also agree not to adapt, alter or create a derivative work from any of our content except for your own personal, non-commercial use. Any other use of our content requires the prior written permission from us.
- If you print off, reproduce, copy or download any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- The names, images and logos identifying us or third parties and their products and services are subject to copyright, design rights and trademarks of us and/or third parties.
- The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our sites are accurate, complete or up-to-date.
- You may establish a hypertext link to our website or content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by our website or content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
1.15 ONLINE ACCOUNT
- In order to book our services, you will have to create an account. You will log into your online account with the email address that you gave us as part of your registration process. You will be responsible for keeping your account password secure and confidential. You must notify us immediately of any breach of security or unauthorised use of your account that you become aware of.
- You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account. If you share your account or details with someone else, you accept full responsibility for the consequences of this (including any unauthorised purchases).
- You must keep your contact details in your online customer account up-to-date because we use this information to contact you if classes are to be held virtually or are cancelled.
- We have the right to disable any account, at any time, if in our opinion you have failed to comply with any of these terms and conditions.
- As an account holder, you acknowledge that you have read and understand the provisions of the Privacy Notice found on our website and that you agree that we may collect, use, process and disclose your personal information as described.
1.16 COMPETITIONS AND/OR INCENTIVES
- Discount codes and / or prizes may be given at the discretion of the business owner by means of an offer, an incentive, or a competition prize.
- There are no alternative prizes or incentives than those offered at the time, and no cash equivalent.
- Prizes cannot be transferred.
- Regarding referral codes:
- Terms where referral incentives are running will be announced at the time a new term booking is announced.
- The discount code may only be given once the referred person has made a booking.
- Referral codes are to be used on subsequent term bookings.
- Only one referral code per person per term that an incentive is running.
- Closing date is midnight on the end date given for each competition.
- Winners of any prize draw competition will be drawn at random from all entries and will be notified within 14 days. Winners agree to the use of their name, social media handle and picture of them in any promotional activity referring to the competition.
1.17 LIABILITY
- We are not liable if you ignore our recommendation, at any time, to seek medical advice.
- We do not accept liability for any errors and omissions and reserve the right to change information, descriptions and prices of listed packages and services. The trainer will do their best to correct errors and omissions as quickly as practical after being notified of them.
- We do not accept any liability whatsoever for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of services purchased from us or any other damage howsoever caused.
- We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs or data due to your use of our sites or to your downloading of any content on them, or on any website linked to them.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- No claim may be brought more than six months after the last date on which the services or products concerned have finished or ceased to be provided by us
1.18 GENERAL
- We may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of our services after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
- Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
- Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
- RETURN TO MOVEMENT ONLINE PLAN
2.1 PURCHASING
- Your purchase is unique to you and you cannot transfer it to another person.
- You agree to complete your online registration form with accurate information
- Payment will be taken via card in full at the time of booking through our online booking system.
- Fees will be set out on the website at the time you placed an order
- You will be informed upon purchase of the details on how to redeem your plan.
- You will have 90 days access to the plan, thereafter access to any part of the plan will be removed
- Once you have completed registration it indicates you have read and agreed to the terms and conditions set out within this document, as well as those in the health disclaimer & PARQ disclaimer, and you warrant and represent that you are fit and healthy to participate.
- If you purchase a plan and do not receive confirmation of successful completion within 2 hours of purchase, please let us know. Please check your spam folder for this.
2.2 PARTICIPTION
- You must be cleared at your 6-8 week check up to commence an exercise programme and you must be 10 weeks postpartum if you had a caesarean delivery.
- You must agree to the Health Disclaimer and the PARQ disclaimer prior to commencing the plan. If you do not agree to such disclaimers, you must not purchase or participate in the plan.
- You must ensure you complete the warm up and cool down of each workout to help avoid the risk of injury
- You must complete the plan in full with the recommended progressions set up in the guide. If you wish to alter the workout days you must ensure adequate gaps between key workouts as stated in the guide.
- You must wear appropriate clothing and footwear for physical activity.
- You must be over the age of 18 to purchase and participate in the plan. By registering an account or accessing or using any of the services or products you represent and warrant that you are at least 18 years old.
- Your participation in the plan is entirely voluntary and you may opt out at any given time, if you so wish.
2.3 CANCELLATIONS AND REFUNDS
- The plan is non-refundable and non-transferrable upon purchase due to immediate access to its content.
2.4 HEALTH AND SAFETY
- You are fully responsible for your health and safety during your participation of the plan
- You must not hold or wear your baby during the workouts
- You hereby waive, release, covenant not to claim, and discharge us from any and all claims arising out of your participation in the plan
2.5 INTELLECTUAL PROPERTY
- Any online resources, marketing, educational or other materials made available to you will at all times remain the property of Sophie Heath and is subject to copyright.
- You undertake to use such materials only for your own personal, non-commercial, use and not to copy, republish, reproduce, or share any such materials.
- You also agree not to adapt, alter or create a derivative work from any of our content except for your own personal, non-commercial use. Any other use of our content requires the prior written permission from us.
- If you print off, reproduce, copy or download any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- The names, images and logos identifying us or third parties and their products and services are subject to copyright, design rights and trademarks of us and/or third parties.
- The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our sites are accurate, complete or up-to-date.
- You may establish a hypertext link to our website or content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by our website or content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
2.6 ONLINE ACCOUNT
- In order to purchase the plan, you will have to create an account. You will be responsible for keeping your account password secure and confidential. You must notify us immediately of any breach of security or unauthorised use of your account that you become aware of.
- You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account. If you share your account or details with someone else, you accept full responsibility for the consequences of this (including any unauthorised purchases).
- You must keep your contact details in your online customer account up-to-date because we use this information to contact you if necessary.
- We have the right to disable any account, at any time, if in our opinion you have failed to comply with any of these terms and conditions.
- As an account holder, you acknowledge that you have read and understand the provisions of the Privacy Notice found on our website and that you agree that we may collect, use, process and disclose your personal information as described.
2.7 COMPETITIONS AND/OR INCENTIVES
- Discount codes and / or prizes may be given at the discretion of the business owner by means of an offer, an incentive, or a competition prize.
- There are no alternative prizes or incentives than those offered at the time, and no cash equivalent.
- Prizes cannot be transferred.
- Closing date is midnight on the end date given for each competition.
- Winners of any prize draw competition will be drawn at random from all entries and will be notified within 14 days. Winners agree to the use of their name, social media handle and picture of them in any promotional activity referring to the competition.
2.8 LIABILITY
- We are not liable if you ignore our recommendation, at any time, to seek medical advice.
- We do not accept liability for any errors and omissions and reserve the right to change information, descriptions and prices of listed packages and services. We will do our best to correct errors and omissions as quickly as practical after being notified of them.
- We do not accept any liability whatsoever for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of services purchased from us or any other damage howsoever caused.
- We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs or data due to your use of our sites or to your downloading of any content on them, or on any website linked to them.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- No claim may be brought more than six months after the last date on which the services or products concerned have finished or ceased to be provided by us
2.9 GENERAL
- We may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of our services after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
- Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
- Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
2.10 FORCE MAJEURE
- For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of Sophie Heath including but not limited to strikes, lock-outs or other industrial disputes (whether involving Sophie Heath or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
- Sophie Heath shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
- SOPHIE HEATH EVENTS
3.1
COVID-19 GUIDELINES FOR PARTICIPANTS - PLEASE READ:
- Please bring your own antibacterial gel and clean your hands prior to class commencing, during class where appropriate and after class.
- Participants are asked to bring to class their own exercise mat (or something to lie on).
- Participants should follow all government guidelines in terms of social distancing and contact with others prior to and after class
- Markings may be provided to show you where to place your mats to ensure social distancing. If required this will be your area for the session and we kindly ask that you and your child/children are careful to stay within this space and mindful of social distancing with those around you.
- It is important that you follow all current NHS and PHE guidelines on self-isolation and do not attend our classes during this time – please see the NHS website for up-to-date guidelines and current symptoms that require action.
- We recommend taking a lateral flow prior to events to help keep everyone safe, especially if you have any symptoms of any variant of COVID-19
- In the event you are unable to attend the event for reasons related to COVID-19 no refunds will be given and tickets cannot be transferred.
- In the event of lockdown or a similar COVID-19 event preventing the event going ahead it will either be rescheduled for a later date or the balance will be credited to your account. This will be decided by us at the time.
- We encourage all participants to report any infection of their household to the Test and Trace system following participation to limit the spread of the virus.
- Participants are also required to get medical clearance before commencing exercise again.
- Track and Trace: we reserve the right to pass on your personal details to the track and trace system when necessary and we will inform you as soon as possible if we are contacted by track and trace if you are required to take action.
- Participants deemed ‘clinically extremely vulnerable’ should continue to follow government advice
3.2 BOOKING
- Your booking is unique to you and you cannot transfer it to another person.
- Please ensure you fill out the online booking details correctly.
- Payment will be taken via card at the time of booking through our online booking system.
- Once you have completed registration it indicates you have read and agreed to the terms and conditions set out within this document, as well as those in the PARQ disclaimer.
- If you place a booking and do not receive confirmation of successful completion within 2 hours of placing your booking, please let us know. Please check your spam folder for this.
3.3 PARTICIPTION
- You must be at least 6 weeks post birth, 10 weeks post c-section, and must be signed off by the GP to commence exercise after your 6–8-week check.
- You must fill out a pre-screening form prior to participation to ensure you are safe to exercise.
- You must wear appropriate clothing and footwear for physical activity (please consider the weather conditions). Clothes should be non-restrictive, and footwear should be comfortable and provide adequate support.
- Please bring water to class and anything else necessary
- You must be over the age of 18 to take part in the event. By registering an account or accessing or using any of the services or products you represent and warrant that you are at least 18 years old.
3.4 LATENESS
- If you are late to the event your participation in the workout section may be refused if you have missed the warmup.
3.5 CANCELLATIONS AND REFUNDS
- All tickets are non-refundable and non-transferrable. Bookings cannot be cancelled once payment for the event has been processed.
- We have the right to cancel the event without refund in exceptional circumstances beyond our control (including but not limited to fire, flood, vehicle breakdown, serious illness, treacherous snow etc). Wherever possible we will arrange an event at an alternative time, however, this is not guaranteed.
- In the event of lockdown or a similar COVID-19 event preventing the event from going ahead then the event will either be offered virtually, rescheduled for a later date or the balance will be credited to your account. This will be decided by us at the time.
3.6 HEALTH AND SAFETY
- The instructor is responsible for ensuring any equipment provided is in good working order and ensuring a safe exercise environment.
- You must not put the health, safety or wellbeing of other attendees, your instructor or any member of the public at risk.
3.7 BABIES AND TODDLERS
- Babies and toddlers are always welcome along to our events; however they are not allowed to take part in any form of the exercise.
- If your child is present with you during a session, you are fully responsible for their health and safety.
- Babies and toddlers must remain in a pram / buggy or in your own exercise area. If they need to be attended to, you must stop exercising and attend to them. They must not be held or attended to whilst you are exercising as this may lead to injury.
- Parents are asked to keep their children at home if they have a serious infection and to inform us as to the nature of the infection so that other parents can be alerted.
- I understand that on occasions it may be necessary for my instructor to handle my child and I give full consent to this.
3.8 TRAINER OBLIGATIONS
- Your instructor is a fully qualified fitness instructor and personal trainer and is an advanced post-natal wellness practitioner.
3.9 RESPONSIBIITIES OF THE CLIENT
- Please disclose to your instructor if you should not take part in physical activity (due to reasons such as, but not limited to, pregnancy or birth, ill-health or injuries). Your trainer cannot be held liable in any way for any undeclared or unknown conditions.
- You agree to complete your online registration form and your pre-screening form with accurate information.
- Wherever possible alternative exercise options will be given to account for common issues a post-natal participant may have, however, all individual participants are responsible for ensuring they only take part in exercises that are safe and appropriate for them to do without causing any discomfort or pain. Please speak to your instructor if you feel any discomfort or pain, and / or need any alternatives.
- You understand that there are inherent risks in participating in a physical activity class.
- If you have an accident or injure yourself at one of our events, you must report this to the instructor straight away. If you sustain or claim to sustain an injury whilst participating in a workout, you acknowledge that the trainer is in no way responsible, except where the injury was caused by their gross negligence or an intentional act.
- Should you experience unusual feelings or symptoms during the workout please report it to your instructor straight away.
- Please keep all possessions safe during the event. We will not take responsibility if valuables are damaged, lost or stolen.
- Your participation is voluntary, and you can change your mind or stop the workout at any stage.
- You must tell the event organisers of any food allergy or any other medical condition that is relevant to the event
3.10 CLASS RULES
- You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other event members or organisers.
- We may refuse admission to or ask you to leave the relevant event if the organiser reasonably believes that you have broken any section of the above statement. No refund will be given if you are asked to leave an event in such circumstances.
3.11 PHOTO PERMISSIONS
- We allow photos to be taken by participants during events but only of yourself and your own child if they are attending - we ask for the respect of other participant’s wishes and that they, or any child attending with them, are not photographed nor placed on media sites.
- We reserve the right to take photographs or film of our events, which may include you and your children, and to use this content for marketing, press and promotional purposes.
3.12 INTELLECTUAL PROPERTY
- Any marketing, educational or other materials made available to you will at all times remain the property of us and is subject to copyright.
- You undertake to use such materials only for your own personal, non-commercial, use and not to copy, republish, reproduce, or share any such materials.
- You also agree not to adapt, alter or create a derivative work from any of our content except for your own personal, non-commercial use. Any other use of our content requires the prior written permission from us.
- If you print off, reproduce, copy or download any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- The names, images and logos identifying us or third parties and their products and services are subject to copyright, design rights and trademarks of us and/or third parties.
- The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our sites are accurate, complete or up-to-date.
- You may establish a hypertext link to our website or content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by our website or content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
3.13 ONLINE ACCOUNT
- In order to book our services, you will have to create an account. You will log into your online account with the email address that you gave us as part of your registration process. You will be responsible for keeping your account password secure and confidential. You must notify us immediately of any breach of security or unauthorised use of your account that you become aware of.
- You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account. If you share your account or details with someone else, you accept full responsibility for the consequences of this (including any unauthorised purchases).
- You must keep your contact details in your online customer account up-to-date because we use this information to contact you if classes are to be held virtually or are cancelled.
- We have the right to disable any account, at any time, if in our opinion you have failed to comply with any of these terms and conditions.
- As an account holder, you acknowledge that you have read and understand the provisions of the Privacy Notice found on our website and that you agree that we may collect, use, process and disclose your personal information as described.
3.14 LIABILITY
- We are not liable if you ignore our recommendation, at any time, to seek medical advice.
- We do not accept liability for any errors and omissions and reserve the right to change information, descriptions and prices of listed packages and services. We will do their best to correct errors and omissions as quickly as practical after being notified of them.
- We do not accept any liability whatsoever for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of services purchased from us or any other damage howsoever caused.
- We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs or data due to your use of our sites or to your downloading of any content on them, or on any website linked to them.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- No claim may be brought more than six months after the last date on which the services or products concerned have finished or ceased to be provided by us
3.15 GENERAL
- We may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of our services after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
- Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
- Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
4. PERSONAL COACHING
4.1 BOOKING
- You must contact Sophie Heath ahead of any purchase to ensure there is sufficient availability
- In some circumstances you may need to complete a pre-screening form prior to purchase, this is to ensure the services we provide are relevant and safe for you. We may refuse services if we feel it is not suitable for you at this time.
- Please ensure you fill out the online booking details correctly
- Payment for all packages must be done so in advance of the first session
- Payment will be taken via card at the time of booking through our online booking system.
- Scheduling of individual sessions for block bookings must be agreed prior to or at the time of booking
- Once we have agreed availability and you have completed your purchase it indicates you have read and agreed to the terms and conditions set out within this document and any additional terms or disclaimers provided during your booking
- Your booking is unique to you and you cannot transfer it to another person.
- The expiry dates of each booking will be displayed on the website at the time of purchase – all sessions under this booking must be used within this time frame and no refunds will be given for any sessions not used before the expiry date
- If you place a booking and do not receive confirmation of successful completion within 2 hours of placing your booking, please let us know. Please check your spam folder for this.
- The location of sessions will be agreed upon booking.
4.2 SERVICES
- A description of the services provided and their costs will be detailed on the website at the time of purchase
- We reserve the right to vary or withdraw any of the services described on the website without notice
- Any online service is not a perfect substitute for an “in person” session
4.3 PARTICIPATION
- You must be 18 years or older to purchase any of the personal coaching services. By registering an account or accessing or using any of the services or products you represent and warrant that you are at least 18 years old.
- For any post natal or Mummy packages you must be at least 6 weeks post birth, 10 weeks post c-section, and must be signed off by the GP to commence exercise after your 6–8-week check.
- You must fill out a pre-screening form prior to your first session to help your programming & goal setting
- You must wear appropriate clothing and footwear for physical activity. Clothes should be non-restrictive, and footwear should be comfortable and provide adequate support.
- Please ensure water is available for any exercise sessions.
4.4 RESPONSIBIITIES OF THE CLIENT
- You agree to complete your online registration form and your pre-screening form with accurate information.
- Should you experience unusual feelings, symptoms, discomfort or pain during the sessions, please report these feelings to your coach straight away
- Please disclose to your coach if you should not take part in physical activity (due to reasons such as, but not limited to, ill-health or injuries).
- Your coach cannot be held liable in any way for any undeclared or unknown conditions.
- If you have any doubts or questions, please ask for further explanation.
- You understand that there are inherent risks in participating in physical activity.
- Your participation is voluntary and you can change your mind or stop the session at any stage.
- If you have an accident or injure yourself at one of our sessions, you must report this to the coach straight away. If you sustain or claim to sustain an injury whilst participating in the sessions, you acknowledge that the coach is in no way responsible, except where the injury was caused by their gross negligence or an intentional act.
- Your coach may require a letter of 'medical clearance' from your GP depending on your health status (please be aware that your GP may charge for providing this letter). If your coach requires further medical information from your GP, this must be provided.
- If you suffer from any food allergy or dietary requirements, it is your responsibility to check the ingredients of food items or adapt any recommendations to suit your dietary needs
- For any online service, you must have a good working internet connection and the necessary technical equipment and applications. We do not accept any liability in the event that you are unable to comply with these conditions.
- Please keep all possessions safe during sessions. We will not take responsibility if valuables are damaged, lost or stolen.
- We do not make any guarantee to you that you will obtain a particular result from your purchase and completion of any of the services
- You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to your coach. Your coach may leave the session if they reasonably believe that you have broken any section of the above statement. No refund will be given in this circumstance.
4.5 COACH OBLIGATIONS
- Your coach is a fully qualified fitness instructor and personal trainer, is an advanced post-natal wellness practitioner and a Registered Nutritionist.
- The coach will use their skills and knowledge to design an appropriate programme and goals for you to follow.
- Your coach is not able to provide medical advice.
4.6 REFUNDS
- Single session packages: a refund will be given so long as the full cancellation period is given as per the below, however there will be a processing fee incurred
- Block booking packages: a refund will be given if a cancellation is made prior to commencement of the first session with the full cancellation period as per below, however there will be a processing fee incurred. No refunds will be issued once the first session has commenced.
4.7 CANCELLATIONS
- You must give 24 hours’ notice if you need to rearrange a session. Notice of less than 24 hours will incur full payment of the session fee
- If you need to rearrange a session, this must be done within the original expiry date of the item purchased
- Unforeseen events will be taken into consideration at the coach’s discretion
- At the coach’s discretion, it may be possible to rearrange the session within the same week
- If circumstances mean we cannot meet face-to-face (for example you need to self isolate or you are on holiday) we will either run the session virtually, rearrange it or you will follow a session via an app. This will be decided by us at that time.
- If your coach needs to cancel your session without at least 24 hours notice your session will be rearranged and you will be given a discount for a future booking by way of apology – the amount will be detailed at that time.
- We have the right to cancel sessions without refund in exceptional circumstances beyond our control (including but not limited to fire, flood, vehicle breakdown, serious illness, treacherous snow etc). Wherever possible we will either run a virtual session or rearrange a session at an alternative time, however, this is not guaranteed.
- In the event of lockdown or a similar COVID-19 event preventing face to face sessions going ahead then the sessions will either be offered virtually, rescheduled for a later date or the balance will be credited to your account. This will be decided by us at the time.
4.8 LATENESS
- If you are late to a session it cannot be guaranteed that the session will be extended beyond the planned finish time
- If the coach is late to a session, additional time will be added either to that session or to subsequent sessions
4.9 HEALTH AND SAFETY
- The coach is responsible for ensuring all equipment they provide is in good working order
- If sessions are conducted on your premises, you are responsible for providing a safe environment and ensuring any equipment of yours that we use is in good working order
- If sessions are conducted in an outdoor setting or in a studio, the coach is responsible for providing a safe environment
- If your baby or child is present with you during a session, you are fully responsible for their health and safety. They are not allowed to participate (including being held) in any exercise as this may lead to injury. Please inform your coach if they have any serious infection or illness. I understand that on occasions it may be necessary for my coach to handle my child and I give full consent to this.
- You must not put the health, safety or wellbeing of any other person present at the session or your coach at risk.
4.10 PHOTOGRAPHY PERMISSIONS
- We reserve the right to take photographs or film of our sessions, which may include you and your children, and to use this content for marketing, press and promotional purposes (including social media and website).
- We allow photos to be taken by participants of themselves during sessions and to be used on social media, but they are responsible for the security of that photography.
- If, with your coach’s consent, you record a session, you agree to take full responsibility for the security of that recording, including but not limited to keeping it secure from unauthorised access and distribution.
4.11 INTELLECTUAL PROPERTY
- Any marketing, educational or other materials (including exercise programmes and nutrition coaching material) made available to you will at all times remain the property of the coach and is subject to copyright.
- You undertake to use such materials only for your own personal, non-commercial, use and not to copy, republish, reproduce, or share any such materials.
- You also agree not to adapt, alter or create a derivative work from any of our content except for your own personal, non-commercial use. Any other use of our content requires the prior written permission from us.
- If you print off, reproduce, copy or download any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- The names, images and logos identifying us or third parties and their products and services are subject to copyright, design rights and trademarks of us and/or third parties.
- The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our sites are accurate, complete or up-to-date.
- You may establish a hypertext link to our website or content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by our website or content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our content without our written permission.
4.12 ONLINE ACCOUNT
- In order to book our services, you will have to create an account. You will log into your online account with the email address that you gave us as part of your registration process. You will be responsible for keeping your account password secure and confidential. You must notify us immediately of any breach of security or unauthorised use of your account that you become aware of.
- You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account. If you share your account or details with someone else, you accept full responsibility for the consequences of this (including any unauthorised purchases).
- You must keep your contact details in your online customer account up-to-date because we use this information to contact you if sessions are to be held virtually or are cancelled.
- We have the right to disable any account, at any time, if in our opinion you have failed to comply with any of these terms and conditions.
- As an account holder, you acknowledge that you have read and understand the provisions of the Privacy Notice found on our website and that you agree that we may collect, use, process and disclose your personal information as described.
4.13 COMPETITIONS AND/OR INCENTIVES
- Discount codes and / or prizes may be given at the discretion of the business owner by means of an offer, an incentive, or a competition prize.
- There are no alternative prizes or incentives than those offered at the time, and no cash equivalent.
- Prizes cannot be transferred.
- Only one referral code to be used per person per package.
- Closing date is midnight on the end date given for each competition.
- Winners of any prize draw competition will be drawn at random from all entries and will be notified within 14 days. Winners agree to the use of their name, social media handle and picture of them in any promotional activity referring to the competition.
4.14 LIABILITY
- We are not liable if you ignore our recommendation, at any time, to seek medical advice.
- We do not accept liability for any errors and omissions and reserve the right to change information, descriptions and prices of listed packages and services. The coach will do their best to correct errors and omissions as quickly as practical after being notified of them.
- We do not accept any liability whatsoever for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of services purchased from us or any other damage howsoever caused.
- We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs or data due to your use of our sites or to your downloading of any content on them, or on any website linked to them.
- We will not be liable for loss or damage to your property
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- No claim may be brought more than six months after the last date on which the services or products concerned have finished or ceased to be provided by us
4.15 GENERAL
- We may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of our services after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
- Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
- Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
4.16 COVID-19 POLICY FOR FACE-TO-FACE SESSIONS
- Please clean your hands prior to, during (where appropriate) & after any session.
- Any equipment provided by your coach will be thoroughly cleaned but please ensure any of your own equipment is kept clean
- Despite no legal requirements for social distancing, we will maintain socially distant wherever possible and follow any changes in government guidelines on social distancing
- Wherever possible we will ensure maximum ventilation to aid air flow – this may mean taking sessions outside or in a room with a window or door open
- No face masks are required by law however the coach may use them in certain situations and you can choose to too
- We recommend taking a lateral flow test prior to sessions, especially if you have any symptoms of any strain of COVID-19
- It is important that you follow all current NHS and PHE guidelines on self-isolation if you or any member of your household have shown any symptoms of, or tested positive for, COVID-19 and that you self-isolate accordingly. You must let your coach know if any member of your household has tested positive or is self isolating. Please see the NHS website for up-to-date guidelines and current symptoms that require action.
- In the event you are unable to attend a session for reasons related to COVID-19 no refunds will be given.
- In the event of lockdown or a similar COVID-19 event preventing face to face sessions going ahead the sessions will either be offered virtually, rescheduled for a later date or the balance will be credited to your account. This will be decided by us at the time.
- After a positive case you are required to get medical clearance before commencing exercise again.
- Track and Trace: we reserve the right to pass on your personal details to the track and trace system when necessary and we will inform you as soon as possible if we are contacted by track and trace if you are required to take action.
- Participants deemed ‘clinically extremely vulnerable’ should continue to follow government advice