360Coaching Waiver & Terms of Business
By purchasing our services, you accept that the Terms and Conditions set out here under represent a legally binding contract between yourself and 360Coaching.
1. Physical exercise can be strenuous and subject to risk of serious injury. Accordingly, 360Coaching recommends that you obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any enhancement products are entirely your responsibility and you should consult a physician or other expert practitioner as the case may be prior to undergoing any dietary or food supplement programme or changes. You further hereby agree that you are participating in these activities of your own volition and initiative and that by using the advice of 360Coaching, you hereby acknowledge and assume all risks of injury, illness, or death.
2. Results from 360Coaching and nutritional advice will vary and we cannot guarantee an exact or specific outcome.
3. Your online coaching package automatically rolls on at a monthly or weekly fee, depending on the subscription you are one, and you agree to this roll out until such a time as you decide to cancel.
4. Your coaching journey begins upon receipt of the initial first onboarding email.
360 Coaching 1on1 Clients:
If you have access to weekly Check-in Calls and monthly zoom Habit Builders - you are a 1on1 client.
5. Commitment period:
Your 12-week commitment period begins as soon as your first payment has been taken.
During this 12-week commitment period, no cancellations or refunds will be possible.
6. Cancellation policy:
To immediately terminate your subscription after your 12-week commitment period, you are required to give more than 7-days notice.
For Example:
You first payment is taken on 1st August.
Your commitment period ends on the 24th October.
To cancel your subscription upon completing the commitment period, you are required to give your 7-day notice period before the 17th October
Failure to give more than this 7-day notice will result in an additional payment being taken.
Once the 12-week commitment period has been completed, you may cancel your subscription by giving a 14-day client notice period.
Additional payments will be taken accordingly within this 14-day notice period.
To cancel your subscription you must email hannah@360coaching.uk
360 Coaching Community Offer Clients:
7. Commitment period:
There is no commitment period for Community Offer Clients.
8. Cancellation policy:
There is a 7-day Client notice period from the moment you confirm you wish to cancel your subscription.
During this 7-day notice period, one more additional payment will be taken.
To cancel your subscription you must email hannah@360coaching.uk
9. 360Coaching reserves the right to terminate any contract or agreement at any time, with immediate effect, at its sole discretion. Termination may occur for reasons including but not limited to violation of terms, breach of agreement, or any other reason deemed appropriate by 360Coaching. Upon termination, clients or parties involved shall cease using any services provided by 360Coaching and adhere to any specified guidelines regarding termination procedures.
10. It is your responsibility to check-in each week and maintain contact with your trainer. If the trainer does not hear or receive check-ins appointments from you on time, they are not obliged to follow up with or chase you.
11. If you consistently do not reply to questions asked of you within your check-in reply from your coach, your trainer holds the right to not reply to your next check-in.
12. You agree not to engage in any active (at the date of this agreement) 360Coaching appointed coach in a private manner for a 6-month period following the expiry or termination of any package that you contractually subscribe to.
13. You acknowledge that you have carefully read these terms and conditions and fully understand that they include and incorporate a comprehensive and binding release of liability by you in respect of 360Coaching. Under the terms herein, you expressly agree to release and discharge the said trainer(s) and/or instructor(s) (and/or employees, directors or officers of 360Coaching) from any and all claims or causes of action and you agree to give up, release or waive any right that you may otherwise have to bring any such legal action against the trainer(s) and/or instructor(s) (and/or employees, directors or officers of 360Coaching) for personal injury or property loss or damage.
14. For the avoidance of doubt, to the extent lawfully permitted, the release and waiver set out in clause 2 above includes any action under the tort of negligence (whether such negligence is founded in statute, common law or otherwise).
15. If any portion of this release from and waiver of liability shall be deemed by a Court of competent jurisdiction to be invalid, then you agree that the clauses and provisions of these terms and conditions and this contract are severable where permitted and that the remainder of this release from and waiver of liability shall remain in full force and effect and the offending provision or provisions shall be severed here from accordingly.
16. Data Processing
Definitions :–
Data Protection Legislation: the General Data Protection Regulation 2018 (“GDPR”) as amended or updated from time to time, or any successor legislation.
Personal Data: any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
For the purposes of the Data Protection Legislation, the customer is the data controller and 360Coaching is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
360Coaching shall, in relation to any Personal Data processed in connection with the performance by us of our obligations:-
(a) process that Personal Data only on the written instructions of the Customer;
(b) ensure that it has in place appropriate technical and organisational measures (that can be reviewed and approved by the Customer at the Customer’s request), to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
(c) ensure that only those individuals that need to access or process Personal Data will have access to and/or process Personal Data and those individuals are and will continue to be obliged to keep the Personal Data strictly confidential in compliance with the Data Protection Legislation;
(d) assist the Customer, at the Customer’s request and reasonable cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(e) notify the Customer and the Information Commissioner’s Office (“ICO”) without undue delay (and in any event in compliance with the required timescales set out in the Data Protection Legislation) on becoming aware of a Personal Data breach; and
(f) at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by the Data Protection Legislation to store the Personal Data.
You hereby consent to 360Coaching appointing GoCardless and Stripe as a third-party processor of Personal Data under this agreement. 360Coaching confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement substantially on that third party’s standard terms of business, but in any event, that such terms will ensure compliance by the third party with the Data Protection Legislation.
17. 360Coaching reserves the right to use any “before and after” images within promotional materials, both web-based and offline and, accordingly, you hereby consent to such usage.
18. Upon signing up to our online coaching services at 360Coaching, you’ll be also placed onto our mailing list in order to keep you notified of any company changes, events and new content information. You have the right to opt out at any time to this list.
19. The information and advice provided by 360Coaching is not that of a medical professional and anybody wishing to follow the advice/programme is required to seek the advice of a qualified medical professional before doing so.
20. These terms and conditions are deemed to be accepted and agreed by you upon purchasing 360Coaching’s services without signature unless otherwise agreed upon in writing by both parties.
21. These Terms and Conditions and the relationship between you and 360Coaching (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England. Any dispute, controversy, proceedings or claim between you and 360Coaching relating to these Terms and Conditions or the relationship between you and 360Coaching (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.