Terms & Conditions of Use

These Website Terms and Terms and conditions govern your use of our website, bournetraining.co.uk, (the “Website”) and your relationship with Bourne Training (“we”, “us” or “Bourne Training”). Please read these terms carefully as they affect your rights and liabilities under the law.

If you do not agree to these Terms of Use, please do not subscribe as a member, use the Website, or purchase any of our Products or services.

Please also see our Privacy & Data Policy for information about how we collect and use your personal data.

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Bourne Training, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Bourne Training and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Bourne Training and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

· By providing any content for distribution by us (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, copy, store, perform, display and distribute such content.

· All Content included on the Website, unless uploaded by Users, is the property of Bourne Training, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission

· You may, for your own personal, non-commercial use only, do the following:

a) retrieve, display and view the Content on a computer screen

b) print one copy of the Content

· You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Bourne Training.

Medical

· We are not medical practitioners or registered dieticians. We strongly recommend that prior to commencing any diet or exercise regime that you consult a medical practitioner and/or registered dietician first.

· We have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.

· You acknowledge that when participating in any exercise or exercise program that there is the possibility of physical injury.

Prohibited use

· You may not use the Website for any of the following purposes:

a) in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;

b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

c) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Signing up

· You must ensure that the details provided by you upon sign up or at any time are correct and complete.

· You must inform us immediately of any changes to the information that you provide when signing up by updating your personal details to ensure we can communicate with you effectively.

· We may suspend or cancel your subscription with immediate effect for any reasonable purposes or if you breach these terms and conditions.

· You may cancel your subscription at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website and service.

No warranties

· This website and the information contained in it is provided for information purposes only. We make no representations or warranties in relation to this website or the information and materials provided on this website.

· Without prejudice to the generality of any other clause contained in this disclaimer, We make no warranties or representations that the information on this website:

a) is complete, true, accurate or non-misleading; and
b) is right for You.

Refund Policy

· Bourne Training does not offer any refunds of subscription products, but you may cancel future subscriptions at anytime via email.

Links to other websites

· This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Bourne Training or that of our affiliates.

· We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

· The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

· Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://www.bournetraining.co.uk/privacy-policy

Availability of the Website and disclaimers

· Any online facilities, tools, services or information that Bourne Training makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Bourne Training is under no obligation to update information on the Website.

· Whilst Bourne Training uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

· Bourne Training accepts no liability for any disruption or non-availability of the Website.

· Bourne Training reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

· Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

· We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

· To the maximum extent permitted by law, Bourne Training accepts no liability for any of the following:

a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

b) loss or corruption of any data, database or software;

c) any special, indirect or consequential loss or damage.

Bourne Training (nor any of its employees, agents or representatives), is engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself of out as qualified to do so.
We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.
Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise you own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
Where we provide you with a Personal Plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise programme. Accordingly any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you
Any Personal Plan will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a Personal Plan.
Before taking any action in relation to a Personal Plan, you must take into account any other factors apart from the Personal Plan of which you are or ought to be aware.
The information set out in any Personal Plan may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.
You are responsible for informing us of any health issues and pre-existing medical conditions when you ask us to prepare a Personal Plan.
Any information that we provide that does not form part of a Personal Plan, whether obtained through our website, e-book, video course, social media (such as Facebook, Instagram or Twitter) or otherwise, is provided for the purposes of general information only.

Expected Results

While we believe that for most people, following our programmes and methods will lead to desired results, all exercise programmes depend on the individual. Result will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our programme, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to:

a) the effectiveness any techniques, diets or programmes that we deliver; or

b) the results that you may achieve as a result of following our programs.

All testimonials contain shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

My commitment to you:

a. Confidentiality. All information you give me will be kept in confidence. Your personal details and medical information will not be made available to third parties unless permission to do so is granted by you.

b. Recommendations. Using my judgment and experience, I will suggest certain exercises and other lifestyle advice that I believe will help you achieve your personal goals, but if at any time you have specific requests please tell me so I can accommodate them, if possible.

c. Referral. I intend to work with you within the scope of my knowledge and competencies. Therefore when/if I believe it is in your best interests to see another health professional, I will refer you appropriately.

d. If I (the trainer) cancels or runs late. Unforeseen circumstances may arise which require our sessions to be rescheduled. In this event I will endeavour to inform you ASAP & the following policy will apply:

If I am forced to cancel our session within 24 hours I will make up the session at no charge to you.
If I am forced to cancel our session giving you more than 24 hours’ notice I will reschedule as soon as possible.

If I run late in starting our session I will extend the session time accordingly or make it up at a future date, whichever is most convenient to you the client.

Your responsibilities to me

a. Disclosure of information. Please disclose all health information as requested at our initial consultation and keep me updated and informed of any changes to your health status. This includes all medical conditions; physical and mental, injuries, allergies, and medication you are taking. If necessary, you may need to seek clearance from your doctor before participation in the exercise programme I recommend.

b. Accepting potential risks. Whilst for most people exercise is hugely positive with many health benefits, there remains some risk that I require you to be aware of and for you to sign the informed consent that I will provide.

c. If you (the clients) cancel or run late.

1:1

If you (the client) cancel or run late.
If you cancel your session with less than 24 hours’ notice, or fail to show you will be required to pay 100 % of the session fee.
If you cancel your session with more than 24 hours’ notice then there is no penalty and the session will be rescheduled at a mutually convenient time.
If you (the client) are late to a session, I will do my best to get the most out of the remaining time left in the session as I am unable to run over time due to previously arranged client commitments. I (the trainer) will wait for 20mins then the session is forfeit and required to be paid in full.

2:1

If either client cancels their participation in a session with less than 24 hours’ notice, or fails to show the absent client will be required to pay half (their part) of the session fee. This assumes that the remaining client still participates, if both cancel or fail to show then 100% of the session fee is required to be paid in full. Discretion applied for illness.
If either or both clients cancel their participation in a session with more than 24 hours’ notice then there is no penalty and the session will be rescheduled at a mutually convenient time.
If one client wishes to cancel the session (with more than 24hrs notice) and the other client wishes to continue the participating client is responsible for 100% of the session fee.
If you (the clients) are late to a session, I will do my best to get the most out of the remaining time left in the session as I am unable to run over time due to previously arranged client commitments. I (the trainer) will wait for 20mins then the session is forfeit and required to be paid in full.

d. PLEASE NOTE: In the event that you need to reschedule or you are running late for a session, please contact me ASAP by

Option 1: Texting or calling and leaving a message

Option 2: FB messaging me

e. Being prepared for your session.

Have a small snack or light meal two or three hours before your session
Be sure you are well hydrated and avoid alcohol prior to training
If you are feeling unwell before your session please contact me
Bring a small towel and water bottle to your session

Wear appropriate clothing and footwear (ask me if you are unsure)
Be ready at the appointed time

f. Communication and Commitment. While I can give you the tools and encouragement to reach your goals, ultimately YOU will need to assume responsibility for making the required changes. I can best help you with this process if you keep me fully informed of any issues that arise for you and if you have any questions or concerns whatsoever please don’t hesitate to voice them with me.

3) Terms of this agreement

The clients understand that they are paying the trainer for their services as outlined in this agreement.
The trainer will deliver their sessions and advice to the best of their ability and will respect all applicable UK laws.
The clients agree to make all payments by the due date.