1. Definitions and Interpretation
In these Terms and Conditions unless the contrary intention appears:
(a) The singular includes the plural and vice versa;
(b) A reference to a party includes that party’s legal personal representative, heirs and assigns;
(c) Amount Payable means the sum of money payable by You in respect of Your Registration Fee when Holly Brown Fit has agreed to provide You with a Payment Plan;
(d) Intellectual Property Rights means all intellectual property rights including but not limited to patents, copyright, registered designs, trade marks, the right to have confidential information kept confidential and any application or right to apply for registration of any of those rights;
(e) Payment Plan means a plan for You to make payments in respect of Your Registration Fee to Holly Brown Fit over an agreed period of time;
(f) Payment Schedule means the schedule under which the Amount Payable is paid by You to Holly Brown Fit;
(g) You/Your means the person who has registered for one the Holly Brown Fit Programs;
(h) Holly Brown Fit Materials means all materials, including but not limited to the Holly Brown Fit Programs, website content, blog posts, information provided in coaching sessions, and all other materials provided by Holly Brown Fit to You in respect of Your Program;
(i) Registration Fee means the amount payable for the relevant Holly Brown Fit Program being enrolled in;
(j) Program/New Program means the relevant Holly Brown Fit Program being undertaken by You.
2. Cancellation, Refund and Transfer Policy
(a) You agree that the Registration Fee is non-refundable and Holly Brown Fit is not obligated to provide You with a refund if You change Your mind after payment of the Registration Fee.
(b) Holly Brown Fit will provide You with a refund of Your Registration Fee, or a portion of it, in the following circumstances:
- You have commenced Your Program and You have suffered an incapacity preventing You from continuing with the Program, for example You break a bone and can no longer do the physical activity required for Your Program;
- You are the victim of unforseen or exceptional circumstances which prevent You from continuing with Your Program, for example there is a death in Your family;
(c) You acknowledge and agree that all refund requests are to be determined by Holly Brown Fit in its sole discretion and Holly Brown Fit has the right to deny You a refund as and when it sees fit.
(d) Should You choose to cancel Your enrollment in Your Program, for any reason other than those provided above, Holly Brown Fit is not obligated to provide You with a refund.
3. Health Assessment & Pre-Exercise Screening
(a) Individuals undertaking Macro Coaching agree that You will complete the Health Assessment and Pre-Exercise Screening Form provided by Holly Brown Fit to the best of Your ability and in accordance with the Communication and 100% Honesty Policy provided at clause 5 of these Terms and Conditions.
(b) Should You have any concerns regarding Your health and the completion of the Health Assessment and Pre-Exercise Screening Form provided by Holly Brown Fit You agree that You will raise these concerns with Holly Brown Fit by immediately contacting Holly Brown Fit by email at: firstname.lastname@example.org prior to enrolling in Your Program.
(c) If You contact Holly Brown Fit pursuant to clause 2 of these Terms and Conditions Holly Brown Fit agrees to respond to You within a timely manner and to work with You regarding Your concerns.
4. Communication and 100% Honesty Policy
(a) Holly Brown Fit has a strict policy of 100% honesty and open communication regarding You, Your Program and the progress being made by You in Your Program and You and Holly Brown Fit agree to maintain open communication and 100% honesty in all dealings with each other from the commencement of Your Program.
(b) By adhering to and abiding by Holly Brown Fit’s Communication and 100% Honesty Policy You acknowledge and agree that Your fitness, health and wellbeing can be accurately monitored, supported and looked after by Holly Brown Fit, while allowing Your Program to be altered by Holly Brown Fit where necessary to meet whatever issue or requirement You may have from time to time.
(c) Should You not be 100% honest in Your dealings with Holly Brown Fit and provide the information requested by Holly Brown Fit, either in the Health Assessment and Pre-Exercise Screening Form or at any time during Your Program with Holly Brown Fit, Holly Brown Fit cannot provide You with accurate advice and/or support for anything You may be dealing with at the time advice is requested by You. For example if You are plateauing with Your weight-loss and You do not advise Holly Brown Fit You are not correctly following the Holly Brown Fit meal plans, Holly Brown Fit cannot provide You with accurate advice regarding how You may start losing weight again.
(d) Should Holly Brown Fit discover that You are being dishonest in Your dealings with Holly Brown Fit and/or are not following Your Program correctly, Holly Brown Fit may immediately terminate Your Program and retain the Registration Fee paid by You.
5. Access to and Use of Holly Brown Fit Materials
(a) You acknowledge and agree that access to Holly Brown Fit Materials will only be provided to You after You have paid the Registration Fee in respect of Your Program and been enrolled into Your Program by Holly Brown Fit.
(b) Once You have been provided with access to the Holly Brown Fit Materials no refunds or transfers will be granted by Holly Brown Fit, except in exceptional circumstances or pursuant to clause 3 of these Terms and Conditions, as decided by Holly Brown Fit in its sole discretion.
(c) You acknowledge and agree that Your use of the Holly Brown Fit Materials is strictly limited to use in accordance with, and strictly for the purpose of performing Your obligations under, Your Program.
6. Copyright and Intellectual Property
(a) You acknowledge and agree that:
- Holly Brown Fit owns all of the Holly Brown Fit Materials including but not limited to the Holly Brown Fit Programs, website content, blog posts, information provided in coaching sessions, and all other materials provided by Holly Brown Fit to You in respect of Your Program;
- These Terms and Conditions do not transfer any ownership of any Intellectual Property Rights to You;
- You will immediately cease using the Holly Brown Fit Materials if required to do so by Holly Brown Fit and You must not directly or indirectly contest the validity of ownership of Holly Brown Fit’s Intellectual Property in the Holly Brown Fit Materials, nor will You attempt to register any trade mark or other Intellectual Property Right, or any derivative of the Holly Brown Fit Intellectual Property, which in the opinion of Holly Brown Fit is deceptively similar, substantially identical or otherwise infringes the Holly Brown Fit Intellectual Property;
- You must not do or cause to permit anything which may damage or adversely affect the Holly Brown Fit Intellectual Property or Holly Brown Fit’s title to the Holly Brown Fit Intellectual Property, nor assist or allow others to do so; and
- Holly Brown Fit has the absolute right to defend or commence proceedings in relation to any infringement of, or otherwise in connection with, the Holly Brown Fit Intellectual Property, but is under no obligation to do so. In any such proceedings commenced or defended by Holly Brown Fit, You must use Your best endeavors to assist and cooperate with Holly Brown Fit in respect of such proceedings.
(b) You acknowledge and agree that:
- When You use the Holly Brown Fit website any content uploaded by You:
- may be accessed and viewed by the public; and
- can be used by Holly Brown Fit as provided in this clause 7(b).
- You are solely responsible for any content You upload to the Holly Brown Fit website and You warrant and represent that any content You upload to the Holly Brown Fit website will not violate these Terms and Conditions;
- You retain all intellectual property rights in the content You upload to the Holly Brown Fit website and You grant Holly Brown Fit a perpetual, non-exclusive, royalty free, irrevocable, transferable and worldwide licence (including the right to sub-license) to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re-distribute, broadcast, transmit, create derivative works from and incorporate in other works, at any time in the future in any form and for any purpose (including but not limited to promotion or advertising use in the future);
- You consent to Your content being altered, edited or adapted by Holly Brown Fit for any reason including to ensure Your content does not infringe these Terms and Conditions and to the extent that You have any moral rights in Your uploaded content, by agreeing to these Terms and Conditions You provide an irrevocable and unconditional consent in favor of Holly Brown Fit, Holly Brown Fit’s successors, assignees, licensees and any other person authorized by any of them to use, modify or deal with Your content (whether or not currently in existence) to:
- perform, exhibit, reproduce, adapt and communicate any part of Your content in any medium and anywhere in the world without attributing You or any other person as an author of or contributor to that content;
- do any act or omission that would constitute a derogatory treatment of Your content;
- make any use of Your content that may falsely attribute authorship of that content to another person;
- delete or adapt or change any of Your content in any way, including by addition to or subtraction from Your content; or
- combine or juxtapose Your content with anything else.
- where the content uploaded by You to the Holly Brown Fit website contains material from third parties, You warrant that You have obtained all moral rights consents required from such third parties;
- You are not permitted to advertise or promote Your products or services, or the products of services of others, in any part of the content that You upload to the Holly Brown Fit website, without Holly Brown Fit’s written consent;
- Holly Brown Fit may access or examine any of Your content and at Holly Brown Fit’s discretion monitor, move, remove, block, modify, edit, refuse to upload or disable access to content which Holly Brown Fit considers, in its sole discretion, to breach any law or these Terms and Conditions or to be otherwise unacceptable;
- Holly Brown Fit:
- has no responsibility or liability for the deletion or failure to store any content uploaded by You or any other user on the Holly Brown Fit Website; and
- is not responsible for any content uploaded to the Holly Brown Fit website by You or any user nor under any obligation to monitor, move, remove, block, modify, edit, refuse to upload or disable access to it.
(c) You represent and warrant that:
- You own the content uploaded by You or have the necessary licences, rights, consents and permissions to publish the content You upload on the Holly Brown Fit website;
- the content uploaded by You will not infringe the Intellectual Property Rghts of any third party; and
- You will not upload content that will cause You to breach these Terms and Conditions.
(d) You understand that Holly Brown Fit does not guarantee any confidentiality with respect to any content You upload to the Holly Brown Fit website and You are able to personalize and change the privacy settings of Your access to limit who can view or access the content You upload on the Holly Brown Fit website.
(e) You acknowledge and agree that Holly Brown Fit is under no obligation to take legal action in relation to commencing, defending, enforcing, settling or compromising (as appropriate) any infringement, claim or action relating to Your Intellectual Property Rights in the content You upload to the Holly Brown Fit website or in respect of any Holly Brown Fit Intellectual Property Rights.
(a) Any personal information, other than that provided by You to the Holly Brown Fit website pursuant to clause 7 of these Terms and Conditions, collected by Holly Brown Fit in respect of Your dealings with Holly Brown Fit when registering into Your Program, during Your Program and following the completion of Your Program will be kept strictly private and confidential by Holly Brown Fit and Holly Brown Fit will not disclose any of Your personal information to any third party without obtaining Your prior consent.
(b) You must keep all information regarding Your dealings with Holly Brown Fit confidential and not disclose such information to any third party except:
- With the consent of Holly Brown Fit;
- If allowed or required by Law;
- With respect to any legal proceedings in connection with these Terms and Conditions;
- Any information that is generally or publicly available other than due to a breach of these Terms and Conditions by You.
8. No Guarantee
(a) The Holly Brown Fit Programs, website and the materials contained therein are provided on an “as is” basis without warranties of any kind, either express or implied. You expressly agree that use of this site, including all content, is at Your sole risk. The information found in this website and in any of the Holly Brown Fit Programs offered is to be used in conjunction with guidance from and monitoring of progress by Holly Brown Fit and Holly Brown Fit does not condone or endorse discontinuation of any medical treatment/advice You may be using or taking unless this has been explicitly authorized by an appropriately qualified Medical Practitioner. By agreeing to adhere to Your Program, You agree to continue following the medical advice You have been given until reviewed and altered by Your Medical Practitioner.
(b) Notwithstanding the provisions of clause 8(a) above, Your Program will be personalised to suit Your specific requirements and when You follow Your Program in accordance with the provisions of clause 5 of these Terms and Conditions You will see results.
(c) Holly Brown Fit does not guarantee Your results when You do not follow Your Program correctly and in accordance with the provisions of clause 5 of these Terms and Conditions.
(a) Holly Brown Fit’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
(b) The exercise by Holly Brown Fit of a power or right does not preclude either its exercise in the future or the exercise of any other power or right by the party.
(c) A waiver is not effective unless it is in writing.
(d) Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
If the whole or any part of a term of this Agreement is void, unenforceable or illegal it is severed and the remainder of these Terms and Conditions shall have full force and effect.
11. Whole Agreement
These Terms and Conditions represent the whole of the agreement between You and Holly Brown Fit and all representations, undertakings, prior agreements or arrangements are expressly excluded.