Terms and Conditions of Programmes provided by Rachael Hall
By agreeing to the below terms, you agree to a binding agreement between You (herein referred to as “Client”) and Rachael Hall / Kendra Pilates (herein collectively referred to as “Company” “We” or “Us”), (each party collectively as “Parties”), in consideration of the mutual promises made herein. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Programme.
SERVICES
Company agrees to provide services of Aligned (herein referred to as “Programme”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Programme.
PROGRAMME STRUCTURE
Aligned offers two rolling membership plans.
'Aligned Premium' (including the option to attend live classes) and 'Aligned On Demand'.
A library of fitness videos, relaxation sessions and pre- recorded coaching calls
Live classes 5 days per week during term time
Optional challenges to participate in to keep you motivated
Guided cookery classes
Nutritional inspiration and provision of healthy recipe ideas
Weekly motivational emails with notifications of the live classes/ new content / guest interviews/ speakers.
Access to the private, optional Facebook group
Optional accountability buddy
FEES
Client understands that the Aligned programmes runs as monthly or annual subscription plan
We may change the price of a subscription service, introduce new subscription plans, or remove plans from time to time.
We may offer a number of different packages or variations of subscription services, including in some instances a limited free trial period/coupons/vouchers to offer promotional discounts. It is the subscribers responsibility to accept the fees applicable to them at time of sign up.
You can cancel or pause your monthly membership subscription at any point by visiting 'Account settings' on your membership site
Annual subscriptions are non-refundable though can be cancelled at anytime up to one week before the next invoice date.
Payments for annual subscriptions are rolling and automated though you will receive a reminder a minimum of 3 days before the amount is due to be taken from your bank.
If a payment fails, you have 3 days to make the payment before your account is paused - you can resume at anytime by making your payment.
METHOD OF PAYMENT
Client is required to pay using the Stripe payment gateway.
REFUNDS
Client is responsible for full payment of fees for the entire month/year depending on subscription (and any additional Programmes Client purchases), regardless of whether Client completes the Programme. No refunds will be issued for this programme. You can cancel your membership before your next monthly/annual payment Is taken out by visiting 'Account settings' on your membership site
DISCLAIMERS
MEDICAL DISCLAIMERS
Rachael Hall strongly recommends that you consult with your physician before beginning any training programme. You should be in good physical condition and be able to participate in exercise.
You should understand that when participating in any exercise or exercise programme, there is the possibility of physical injury. If you engage in this exercise or training programme, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree that Rachael Hall will not be held liable to any claims or causes of action, known or unknown, arising out of working with or participating in any of her material.
By clicking on the link to a live or pre recorded class or joining Facebook or Instagram Live or by assessing any of the classes the online library you confirm to abide by the terms of this disclaimer and you agree that you do so at your own risk. Rachael Hall does not accept responsibility for any injury or accident incurred as a result of following the exercises or exercise programmes on our online library, social media or website.
Rachael Hall shall not be responsible or liable for any damages injury or harm resulting from your access to, or inability to access, this website, or from your reliance upon any information provided on this site, this includes Pre-recorded Online Videos and Workshops and information shared on our website and social media groups including emails, videos, photographs and text
By purchasing and using any programme from Rachael Hall or participating in any of her classes in person or online, you agree to have read and understood the above disclaimers.
PERSONAL DISCLAIMERS
The information contained across our website, blog, emails and training programmes is for educational and informational purposes only, and is made available to you as guidance for your own use. Whilst we draw on our prior professional expertise and background in many areas, you acknowledge that we are supporting you in our role exclusively as an online coach only.
We are not a medical health practitioner or mental health provider and we are not holding ourselves out to be in any capacity. Rather, we serve as a coach, mentor and guide who will help you reach your own health and fitness goals.
You are acknowledging that you are participating voluntarily in using our website, blog, emails and training programmes, and you alone are solely and personally responsible for your results.
By purchasing and using any programme from Rachael Hall or participating in any of her classes or material, you agree to have read and understood the above disclaimers.
It is the responsibility of the participant to ensure:
There is sufficient space to perform the exercises safely and move freely without obstacles or obstructions, free from furniture, equipment and other hazards – a minimum of four square metres per person
Any equipment is safe and in a suitable condition for the activity being performed
The surrounding floor space is entirely clear to remove any hazards that may increase the risk of slips, trips or falls
There are no distractions throughout the duration of the session
There is sufficient heating, lighting, ventilation and hydration
You agree not to rely on information on this website or within any of our training programmes in place of seeking professional medical advice.
To reduce and avoid injury, you will want to check with your doctor before beginning the classes.
By participating in the classes you are doing so at your own risk.
Please use good judgement and common sense when taking part in any class, consider your level and ability and choose the appropriate level of the exercises and rest when you need to.
As with any exercise programme, if at any point during the class you begin to feel faint, dizzy or have any physical discomfort, you should stop immediately and seek medical advice.
Rachael Hall will not be responsible or liable for any injury or harm you sustain as a result of our Pilates programmes.
All rights reserved. No part of this publication may be reproduced, transmitted, transcribed, stored in a retrieval system, or translated into any language, in any form, by any means, without the written permission of the author. All live and recorded content is the property of Rachael Hall and is not to be shared with third parties.
CONTACT US
For more information about our disclaimers or if you have any questions, please contact us by email at me@rachhall.com
CONFIDENTIALITY
The Company respects Client’s privacy and insists that Client respects the Company’s. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, coaching calls or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with the Company during the Programme. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Further, Client agrees that if they violate or display any likelihood of abusing this section the Company will be entitled to injunctive relief and is at liberty to terminate all aspects of the agreement.
NON-DISCLOSURE OF PROGRAMME MATERIALS
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company's Programme is copyrighted and the original materials that have been provided to Client are for Client's individual use only and a single-user license. Client is not authorised to use any of Company’s intellectual property for Client's business purposes. All intellectual property, including Company's copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company's materials is granted or implied. Further, by agreeing to the Terms & Conditions, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief and is at liberty to terminate all aspects of the agreement.
CLIENT RESPONSIBILITY
Client accepts and agrees that Client is fully responsible for their progress and results from the Programme. Coach will help and guide Client however, participation is the one vital element to the Programme’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By agreeing to the Terms & Conditions, Client acknowledges there is no guarantee that Client will reach their goals as a result of participation in the Programme.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance and shall retain control over its personnel and the manner in which such personnel perform. In no event shall such persons be deemed employees of the other party by virtue of participation or performance.
UNFORSEEN CIRCUMSTANCES
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
MODIFICATION
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.
MISCELLANEOUS
1) LIMITATION OF LIABILITY.
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or participation in the Programme. Client knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death that the Client may sustain as a result of participating in this Programme. Client further declares and represents that no promise, inducement or agreement not herein expressed has been made to Client to enter into this release. The release made pursuant to this paragraph shall bind Client’s heirs, executors, personal representatives, successors, assigns, and agents.
2) NON-DISPARAGEMENT.
In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its programmes, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
3) TERMINATION.
By agreeing to the Terms & Conditions, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive as determined by Company, or upon violation of the terms. The obligations of the Participant under this Agreement shall remain in effect in perpetuity after expiration or termination of this Agreement. Client will still be liable to pay the total contract amount.
I have caused this Agreement to be executed and delivered as of the date first written (04 January 2018).
I have read and agree to the working agreements above, and will honour them during our coaching relationship.