TERMS & CONDITIONS
When the small handful of the following rules are obeyed, a wonderful working relationship can develop...this is the path to cultivating a high performance environment. These are the terms and conditions on which the consultant supplies services and/or digital content to you.
Please read these terms carefully before submitting your application to work with the consultant, your attention is drawn in particular to the provisions of clauses related to conduct, charges and payment as well as termination following breaches.
BASIS OF CONTRACT
The submitted application constitutes an offer made by the client to the consultant to purchase services in accordance with these terms and conditions. The application shall only be deemed to be accepted when the consultant issues written acceptance of the application at which point and on which date the contract shall come into existence. Any quotation given by the consultant shall not constitute an offer.
CONDUCT
Polite, respectful, constructive interactions are mandatory at all times.
Work is a total team effort between client and consultant; that means it all must be co-operative with mutual respect, this makes the process pleasant for both sides and facilitates the flourishing of a high performance environment, the client will co-operate with the consultant in all matters relating to the services.
CHARGES AND PAYMENT
Whilst the consultant is prepared to speak with people and find out if teaming up is possible without a charge, work does not go ahead on any scale without prior payment.
Full payment up front in full is preferred and the standard method of operation in the fitness industry, however If paying in instalments by negotiation, each section of work will be released after each payment is made. Please do not ask for work to be carried out on credit nor invoiced for at a later date as the subsequent and definite refusal may offend...to reiterate: payment is taken upfront, in The charges shall be calculated in accordance with the consultant’s rates as displayed on this website. The consultant is entitled to request additional payment, if engaged by the client outside the initial scope of the contract. These will be clearly communicated to the client.
The consultant shall invoice the client before the services and materials are fullprovided , in advance of services rendered, as per standard modus operandi in the fitness industry.
The client shall pay each invoice submitted by the consultant within [how many?] days of the invoice or in accordance with any other terms agreed by the consultant and confirmed in writing. All amounts due under the contract shall be paid in full without any set-off, counterclaim, deduction or withholding.
The consultant is entitled to charge the client for any and all travel, and if appropriate, accommodation and expenses, required for the consultancy to deliver any services out of town which MUST be paid for, and booked/paid for in full upfront [advance tickets and bookings are often significantly cheaper too] please don't expect credit to be granted, the consultancy doesn't operate via expense claims. Please make payment as agreed, in the manner clearly outlaid on the invoicing form you will receive.
COMMUNICATION
For the sake of productivity, the consultant's schedule is mapped out for the week ahead with correspondence checked once weekly only. Please do respect this for the sake of productivity and a savoury relationship in what is largely a one-man outfit. Meetings are arranged to take place in person or via Skype or FaceTime dependent on geography and mutual convenience. Unscheduled phonecalls are highly unlikely to be placed at a mutually convenient time and thus no phonecalls are taken without prior special arrangement, there is no text messaging service whatsoever, and nor is voicemail checked or returned, so please do not expect nor try to force this upon the consultant; an enforced "cool-off" will be applied to those who cannot respect this policy with termination enforced upon the second breach.
The consultant endeavours to get to correspondence within 48hrs, but please do be mindful of anti-social hours and weekends...also, if you do receive a fast response, please don't expect that to be the start of an instant-messenger like service; it's simply not possible to do this when more than a handful of people are on the books.
COACHABILITY
Always be totally open and frank (this enables what is actually best to go ahead- solutions for a situation that doesn't exist can't work). Be trustful, respectful, and then eager and able to put all recommended courses of action into practice with enthusiasm and dedication, consistently. You are also responsible for helping the consultant to monitor your progress, what isn't assessed is merely a guess; then progress will stall. Action the advice, take ownership and you will reap the rewards.
SPECIAL CIRCUMSTANCES
Work can be put on hold for the client to be resumed at a later date if any circumstances arise in their lives that may necessitate their full time and attention/prevent nutrition and training gameplans being executed such as illness.
TRANSFERABILITY
The contract shall be binding only between the consultant and the client. You may not sell, assign or transfer the rights in any purchased services to any other party without the consultant’s prior written permission.
REFUNDS
The consultant's time is non-refundable.
If the required relevant information is not provided and/or the expected level of effort isn't put in, yet the consultant's time has been taken up, a refund will not be in order; neither a lack of client co-operation nor a lack of desire to action a program will ever warrant a refund; commit to the process entirely, or don't sign up.
Contacting the consultancy and beginning work together signifies full acceptance of all terms and conditions and subsequent adherence to them; not doing so equals termination of service.
Refunds are not given as time is non refundable and there is nothing such as working parts that can go wrong with any resources given out. Disingenuously asking for money back claiming dissatisfaction after downloading and saving bespoke materials upon receipt isn't tolerated either.
RUDENESS & RECALCITRANCE
There is a firm zero tolerance policy on rudeness and recalcitrance here.
Respectful interactions are always mandatory.
Rudeness or threats do not speed nor improve the work in progress nor render work carried out undone, time for that is non-refundable as previously stated.
Rudeness about or to the consultancy via social media channels whether in public view or in private interactions are not tolerated whatsoever.
Ensure to action all advice, it's been designed to be the perfect for your life based on your information - maximally effective and practical.
Transgression of the rudeness and recalcitrance rules will result in a non-refundable termination of service and cessation of all contact. Testimonials cannot be retracted following events of client noncompliance/rudeness/recalcitrance et cetera.
It is the consultant's right to work in an environment free of unsavoury behaviour such as rudeness, harassment, slander and even tortious interference and/or blackmail. Slanderous efforts and the like will be totally ignored, and if they persist, legal action will be taken. The consultant deals with all people respectfully and compassionately and merely expects the same in return.
ATTENDANCE & APPOINTMENTS
We know that sometimes rescheduling is inevitable and unavoidable from either side. Missed appointments without notice are docked, however, gracious reschedules will usually be offered with advance notice given. These however are not guaranteed and are at the consultant’s discretion. No refund will be given for cancellation less than 24 [?] hours in advance.
COMPLAINTS
if the previous conditions are followed, complaints should never arise.
However in the event that one might, please allow 28 working days for a considered response.
INTELLECTUAL PROPERTY
All Intellectual property rights in or arising out of or in connections with the services shall be owned by the consultant.
All resources provided to the client are the intellectual property of the consultant and are only shared with individual paying clientele in the strictest confidentiality and are therefore are never to be shared in private nor public, not by the consultant or client.
Legal action will ensue following breaches of this.
Intellectual property rights include but are not limited to patents, rights to inventions, copyright and related rights, trade marks and business names. This provision shall remain in force after termination of the contract.
TERMINATION
Without affecting any other right or remedy available to it, either party may terminate the contract by giving the other party [how many] weeks written notice.
The consultant reserves the right to terminate the contract immediately if the client commits a material breach. The consultant shall not take this Whilst this is not a course of action taken readily nor hastily,hastily. However, the good will, respect and compassion are paramount here,. thise right is reserved to execute the termination policyshall only be exercised based on client breaches of terms and conditions, which include but are not limited to skipping appointments, rudeness and slander., for example. . Such termination will not affect any other right or remedy available to the consultant. Proceeding with work signifies acceptance of this and the agreement to follow the terms and conditions for conduct that have been laid out here.
CONSEQUENCES OF TERMINATION
If on termination of the contract any sums are due to the consultant, the customer shall immediately pay the outstanding invoices in respect of the services supplied. If services have been supplied, but no invoice has been submitted, the consultant shall submit an invoice as soon as reasonably practical. .
Any provision of the contract that expressly or by implication is intended to come into or continue in force on or after termination of the contract shall remain in full force and effect.
GENERAL
This agreement shall be governed in all respects by the laws of England and Wales and any dispute arising in connection with it shall be subject to the exclusive jurisdiction of the courts of England and Wales.
THANKS IN ADVANCE
When the small handful of aforementioned rules are obeyed, a wonderful working relationship can develop...this is the path to cultivating a high performance environment.