Terms & Conditions

Last Updated: December 2023.

GENERAL

These Terms & Conditions, together with the Privacy Policy, govern the sale and use of The Fit Life coaching products, website, communications, offerings, products, programmes, downloads and related services (herein known and referenced as “Offering” or “Offering(s)”) by you (herein known and referenced as “You” and “Your”) provided by The Fit Life Collective Limited (herein known and referenced as “Company”, ”Our", ”Us”, ”We”).

These Terms & Conditions are legally binding. It is Your responsibility to read these Terms & Conditions carefully prior to purchase, use, or access of any of Our products, including online courses. These Terms & Conditions do not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

By completing the online registration, downloading, purchasing or participating in any programme (including registering for the Everfit app and/or The Fit Life Club on Mighty Networks), you confirm and affirm that you have read, understood and agree to these Terms & Conditions. You implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms & Conditions. If you do not agree to these Terms & Conditions, do not use Our Products, register or install any apps associated with delivery of Our Products.

This website is owned and operated by The Fit Life Collective Limited.

You must be at least eighteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms & Conditions contained on this page are subject to change at any time.

Terms of Site & Purchaser Agreement

All Offering(s) are owned and provided by Company. These Terms & Conditions govern and define how You are allowed to use and access Company’s Offering(s). We reserve the right to update and change these Terms & Conditions at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms & Conditions whether or not You have read them. If You do not agree with any of Our Terms & Conditions, please email Us at the contact details listed at the top of this agreement, and We will make reasonable efforts to remove Your name, email, and access to Our Offering(s) and website(s).

Your Offering(s) Use & Content

When You purchased Our Offering(s), You were given a reasonable notice that these Terms & Conditions existed. By moving forward with Your purchase of the Offering(s) and further access of the Offering(s), You implicitly agreed and continue to agree to abide by these Terms & Conditions, as well as any disclaimers and privacy disclosures contained in these Terms & Conditions.

You agree You are at least 18 years old to access the Offering(s). Access of Our Offering(s) and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.

Intellectual Property Rights

Our Offering(s) and all related trademarks, logos, content, workbooks, worksheets, checklists, guides and other intellectual property rights are and shall remain our exclusive property. Your right to use Our Products and its contents is personal, non-exclusive, non-sublicensable and non-transferable. Any copying, republication or redistribution Our Products or any of its content is strictly prohibited. Any attempts to copy or duplicate content; rent or lend; show or communicate Our Products to other members of the public, is strictly prohibited.

You cannot distribute, copy, forward, and/or share Our Offering(s) or its content with anyone else. You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase an Offering, you will be removed from any Offering(s) immediately and no refund will be issued.

Any individuals found to be in breach or violation of this term will be legally pursued and face immediate legal action by The Fit Life Collective's legal team. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may NOT use Our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.

Your Materials & Contributions

By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Offering(s) and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission. You rescind your right to privacy by accessing Our Offering(s) or related materials, and We reserve the right to disclose Your participation in the same.

Product Reviews

We may ask You to leave a rating and/or review of Your purchase. If You choose to write a review, You must comply with the following guidelines:

You have used and/or accessed the product(s) sufficiently to speak with reasonable knowledge as to its effectiveness, value, aesthetics or utility; and
You do not use any offensive language, such as profanity, hateful or racist speech; and
Your submission does not discriminate on the basis of race, gender, religion, nationality, age or disability; and
You have not used your purchase in an illegal way, or made any implied or express claims to the same; and
You are not related to anyone who owns any part of Our site; and
You are not claiming any false or misleading statements; and
You are not affiliated with or working for any site or company we deem a competitor, at our sole discretion; and
You do not organise a campaign encouraging others to leave reviews, whether good or bad, unless otherwise authorised to do so.

We reserve the right to accept or reject Your review at our sole discretion. Reviews are not Our opinions or beliefs. We do not assume any liability for any review or for any claim, issue, liability or loss resulting from any posted review. By posting a review, You hereby grant to Us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Model Release

You must own the copyright to any image(s) You use by default or voluntarily on Our platforms or in Our Offering(s) or related materials. You grant Us a commercial license to any image(s) You submit to Us by default, such as a Facebook profile photo or other profile image You voluntarily provide in accessing the Offering(s), or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.

Notification of Use

We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.

YOUR OBLIGATIONS

For online sessions such as Check Ins or group accountability calls, You must be ready at least 5 minutes prior to the mutually agreed start time. You will be sent any relevant meeting links and codes within 10 minutes prior to the session start time. A minimum of 72 hours notice of cancellation is required for any 1:1 or group coached sessions (ie. Check In, FitStorm, Consultations). We will try our best to accommodate a rescheduling request, but it can only be done so if We have the availability You need.

Rescheduling requests must be made at least 72 hours before the session start. Requests made with less than 72 hours notice are not possible and the session will be deemed to be cancelled. This policy will be adhered to in all cases when You are unable to attend including when illness, work, study or family commitments prevents attendance and 72 hours notice has not been provided. If We are unable to rearrange Your session, the session would either need to be kept or cancelled.

There is a limit to the number of sessions/weeks that may be carried over, at the discretion and with agreement of The Fit Life, to subsequent weeks (sessions/weeks missed due to holidays, illness, etc). Carrying sessions/weeks over to subsequent weeks extends programme lengths and can hinder progress. On this basis, the following protocols apply:

(a) 1-2 month programmes: maximum 1 calendar week extension

(b) 3 month programmes: maximum 2 calendar week extension

(d) 5 month programmes: maximum 2 calendar week extension

(e) 6 month programmes: maximum 3 calendar week extension;

(f) 7 month programmes: maximum 3 calendar week extension;

(g) 8 month programmes: maximum 3 calendar week extension;

(h) 9 month programmes: maximum 4 calendar week extension;

(i) 10 month programmes: maximum 4 calendar week extension;

(j) 11 month programmes: maximum 4 calendar week extension;

(k) 12 month programmes: maximum 6 calendar week extension.

These protocols apply in all cases with no exceptions, except where extensions are instigated by Us. Rescheduled sessions, if requested within the 72 hour time frame specified will need to be made up within the protocols outlined above.

If You are late for a session, there is the possibility that it may not be extended. If You are over 10 minutes late for a scheduled session, your session will be cancelled. If We are late for a session, additional time will be added to the session or to subsequent sessions. If We are absent for any reason, You will be contacted to explain the situation and Your agreed session will be rescheduled with no penalty to Us.

Long term absences (injury, illness, pregnancy, for example) will be dealt with fairly and on an individual basis. We request a minimum of 21 days notice for any prolonged absences (holidays, for example). Your programme length will have been outlined to You during the pre-purchase stage. Once into the binding contract, the programme length is fixed. If You plan on taking a prolonged holiday during Your programme, You will be expected to either:

(a) maintain Your meeting schedule, online; or

(b) maintain Your training schedule, via Your app; or

We will endeavour to be flexible in these cases. It must be noted that the programme undertaken is a commitment and continued adherence gives you the best chance of succeeding. We may also lose business should programmes need to be extended.

There are three designated Fit Life 'Shutdowns' that occur every year, each lasting two weeks. These are in place to allow employees to take a break. During a Shutdown, Your programme continues - with you receiving full programming via the Fit Life app, for the duration of the Shutdown. You will not receive direct coaching (ie. Check Ins, FitStorms, Consultations) during a Shutdown period - however, You will receive full instructions and programming prior to the Shutdown, and these are worked into Your programme to ensure continuity. The timetable for these will be communicated to You during Your programme.

INTELLECTUAL PROPERTY

Limited License

Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering(s) are under the sole ownership or licensed use of Company.

To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials, or related communications.

You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering(s) You have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.

You may:

Access the Offering(s) for Your personal use (if additional members of Your team need to access the Offering(s), You must purchase additional Offerings at one per each team member);
Download and/or print any Offering(s) materials for Your personal use in Your business (if additional members of Your team need to download and/or print any materials from the Offering(s), You must purchase additional Offerings at one per each team member);
Use Our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, using © with our Company name as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.

You may not:

Re-sell or trade Your access to the Offering(s);
Share the Offering(s) with anyone else who has not yet purchased it or opted in to receive it;
Reprint or republish any of the Offering(s), in part or in whole;
Distribute any of the materials contained in the Offering(s) or related materials and/or communications as Your own, otherwise known as stealing;
Reproduce and tweak any part or whole of the Offering(s) for distribution as Your own work;
Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering(s) (and its related communications and materials);
Use Our Offering(s) or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

Request For Permission To Use Content

If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Us.

Civil & Criminal Penalties

Even though Our Offering(s) are not typically something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms & Conditions. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Our location by opting into or purchasing any Offering(s) or accessing its related communications and/or materials.

SECURITY AND ASSUMPTION OF RISK

Security

It is Your responsibility to secure Your username and password from theft or any other means of unauthorised use that would violate these Terms & Conditions. To the best of Our abilities, We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, GoCardless, Paypal, or other third party payment processors, as selected by You at checkout. By utilising these payment processors to gain access to the Offering(s), You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

Confidentiality

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client or programme agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

Assumption of Risk

You should use your best judgment in using the information provided in Our Offering(s), which is done at your own risk. By accessing Our Offering(s) and/or related materials, whether paid or unpaid, You assume all the risk and responsibility of Your access and any subsequent actions, choices, or lack thereof, You choose to take as a result of the influence, information, or educational materials provided to You.

Your Communications

Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by Our jurisdiction’s laws, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libellous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

DISCLAIMERS

Our website or related Offering(s) are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website or related Offering(s), You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website or related Offering(s). If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, Offering(s), or the materials contained herein.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website or related Offering(s) is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us.

Results Disclaimer

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. We don’t make any assurances as to any particular health or financial-based outcome based on the use of or participation in Our Offering(s). We are not responsible for the success or failure of your business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in Our Offering(s). We make every effort to accurately represent Our Offering(s). You agree that You understand individual outcomes will vary. Any results stated (past or present) are estimates or examples only of what’s possible. They are not guarantees of future results, guaranteed success or a promise that You will experience the same or even similar results. There is no guarantee that past results will be replicated in the future. We are not liable for the success or failure of your business, health, financial situation, and/or any other effect from use of Our Offering(s). Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) uniquely - with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).

General Disclaimer

To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, misuse of (or failure to properly use) Our Offering(s), physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, opportunities, loss of profits or contracts, anticipated savings, production, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of any Offering(s) and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of any Offering(s). Our Offering(s) are for educational and entertainment purposes only. None of the Offering(s) or its related material(s) should be construed as medical, legal, or financial advice. In no event shall We be liable to You for any indirect, special, exemplary, or consequential damages.

Third-Party Disclaimer

You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.

Warranties Disclaimer

You warrant and represent to us that: (a) You are legally capable of entering into binding contracts; (b) You have full authority, power and capacity to agree to these Terms & Conditions; (c) all the information that You provide to us in connection with Your use, download and/or purchase of Our Offering(s) is true, accurate, complete and non-misleading; and (d) You will be able to take delivery and activate where necessary the Offering(s) in accordance with these Terms & Conditions. We make no representations, guarantees, or warranties, of any variety, regarding Our Offering(s) in any way including, but not limited to, your future income, sales, health, potential, profitability, or losses derived as a result of your use of Our Offering(s). You agree that Our Offering(s) are provided “as is” and “as available” and without representations, guarantees, or warranties of any kind, neither express nor implied, to the extent permitted by law. We do not provide any assurances of the availability or usability by You of Our Products. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that Our Offering(s) will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website, Offering(s) or content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of Our Offering(s), or on third-party platforms in terms of their correctness, accuracy, timeliness, reliability or otherwise. We are not liable for damages of any kind related to your use of Our Offering(s).

Technology Disclaimer

You will be receiving numerous items in digital format. It is expected that you have an appropriate device to open and view the content. If you do not, you need to make The Fit Life Collective aware of this prior to purchase or download.

We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider. To be clear, you hold Us harmless from any claims arising out of any technological failure except in the unforeseen case of gross negligence, as determined by industry standards.

Errors & Omissions

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

Your Release To Us, Indemnification, Hold Harmless

You agree at all times to release, forgive, forever discharge, defend, indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, subsidiaries, subcontractors, successors, transferees, assignees, coaches, mentors, ambassadors, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, suits, charges, demands, judgements, costs, and expenses, including legal fees and expenses, arising out of or related to Our Offering(s) and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms & Conditions. To the fullest extent permitted by law, The Fit Life Collective Limited expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by You related to your purchase or use of, or participation in, Our Offering(s), its materials, our website, or any other information obtained by You from Us. By purchasing, downloading and/or participating in Our Offering(s), You hereby agree to this limitation of liability and release The Fit Life Collective Limited from any and all claims. You agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless The Fit Life Collective Limited as stated in this section herein.

Limitation of Liability

We shall not be liable for any errors in any content, actions taken, injuries or and misfortunes that may occur when you are using our content. We will not be held responsible or liable in any way for the information, products, or materials that You request or receive through or in relation to Our Offering(s). Furthermore, we shall not be liable to you for any interception of online communications, software or hardware problems (including, without limitation, viruses, loss of data or compatibility conflicts), any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of Your access of Our Offering(s) and related material(s).

Our Offering(s) content is not, nor is intended to be, a substitute for professional medical diagnosis, advice, care or treatment. If you are in any doubt whatsoever, have pre-existing chronic or acute injuries, ailments (physical or mental) or poor health, are pregnant or postpartum, please do not begin using Our Offering(s), or follow the information within without the prior clearance or approval of a physician or doctor.

You must be over 18 of age to purchase, register, download or use any of Our Offering(s).

By purchasing or registering for any of Our Offering(s), you agree that:

(1) Your doctor has never said that you have a heart condition and that you should only do physical activity recommended by a doctor;

(2) You don't feel pain in your chest when you do physical activity;

(3) That you have never had chest pain when you were not doing physical activity;

(4) That you have never lost your balance because of dizziness and/or never lost consciousness;

(5) You don't have a bone or joint problem (for example, back, knee or hip) that could be made worse by a change in physical activity;

(6) Your doctor isn't currently prescribing drugs (for example, water pills) for your blood pressure or a heart condition;

(7) A medical professional has never advised against partaking in regular exercise;

(8) You have reasonable assurance of your suitability for undertaking a programme that will work all components of physical fitness and use the principles of training to ensure it contains a periodised programme of exercise, physical & holistic activity;

(9) You know of no reason you shouldn't do physical activity.

You are advised to postpone purchase of Our Offering(s) if you feel unwell or have a temporary illness. You must inform The Fit Life Collective Limited of any changes to your health status, either prior or whilst engaged in Our Offering(s). You can do this by emailing hello@thefitlife.co

We may require a letter of 'medical clearance' from Your GP/doctor depending on Your health status. Please be aware that Your GP/doctor may charge for providing this letter. This letter must be provided to Us prior to the commencement of any programme with Us, should We request it. We cannot be held liable in any way for undeclared or unknown medical conditions. You understand and agree that it is Your responsibility to inform The Fit Life Collective Limited by email of any conditions or changes to Your health, now and ongoing, which might affect Your ability to participate in the programme You have chosen to undertake safely.

By following the information within our Offering(s), you voluntarily and consensually assume all the express and associated risks of exercise and dieting. The Fit Life Collective Limited accepts no liability for any injury, loss or damage resulting (directly or indirectly) from physical exercise and exertion. It is possible that you may become injured doing any exercise, especially if they are done with improper form. Although thorough instruction is provided upon request, realise that the guidance provided by The Fit Life Collective Limited (like any other health programme) does involve a risk of injury. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks may also exist for those in good health right now. You must always exercise in a safe and controlled environment, ensuring you have the requisite supervision of a competent/qualified gym assistant. At no time should you attempt to perform such activities alone and unsupervised. You must consult your doctor before beginning any nutritional plan, exercise programme, lifestyle adaptations or undertaking personal health & wellness advice, no exceptions. You are using Our Offering(s) at your own risk and The Fit Life Collective Limited is not responsible for any injuries or health problems you may experience as a result of using Our Offering(s). You understand that you have full control of any workouts prescribed by The Fit Life Collective Limited and may terminate a particular exercise or workout at any time. Further to this you understand that it is your obligation to inform The Fit Life Collective Limited immediately, by email, of any concerning symptoms such as fatigue, shortness of breath or chest discomfort. Always ensure your technique is correct and train within your own capabilities and observe any safety practices/codes/regulations within your gym/facility.

Should you suffer from any medical conditions, injuries, allergies or be in any doubt whatsoever, you must seek expert medical/professional advice immediately, do NOT proceed until you have been given approval to do so. Any medical questions should be directed at a health care professional. Any supplements or ingredients featured within our Offering(s) or within The Fit Life Collective's recipe library are optional and must be taken in strict accordance with the manufactures recommendations.

You understand that the purpose of any Fit Life exercise programme is to provide safe and individualised exercise to improve heath and fitness. You understand that any Fit Life exercise programme is designed to place a gradually increasing workload on the cardiovascular and muscular systems and thereby improve their function. The reaction of the cardiovascular and muscular system to such exercise cannot always be predicted with complete accuracy. There is a risk of certain changes that might occur during or following the exercise. These changes could relate to blood pressure or heart rate. You understand that a programme of regular exercise has been shown to be beneficial. Some of these benefits include: a decrease in the risk of heart disease; a decrease in body fat; improved blood pressure; improvement in physiological function; improvement in aerobic fitness. By purchasing any Fit Life Offering(s), you provide your informed consent to the purpose of your exercise programme, their risks, their benefits & agree that any questions regarding the Offering(s) you are purchasing or opting into have been answered to your satisfaction, in advance. You can do this by emailing hello@thefitlife.co prior to purchase. You understand that You are free to withdraw from exercise at any time.

TERMINATION

If at any time We feel You have violated these Terms & Conditions, then We shall immediately terminate Your use of Our website, Offering(s) and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website or Offering(s), and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

ACCESS

You may at any time terminate Your use and access to Our Offering(s), in which case your access will cease. Please send an email to Us to initiate this process. Termination will not excuse You of further payment. Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.

Following purchase, you may, depending on the Offering(s), receive an email detailing how to activate your Offering(s) on our app. It is your responsibility to activate any purchased Offering(s) prior to it's assigned start date. Failure to do so on time (your start date) will terminate your access to the Offering(s) you have purchased, and your access will cease. We do not offer refunds or credits for any Offering(s) not activated on time unless required to do so by law. Should you activate an Offering(s) after it's assigned date, we reserve the right to manually cease your access at any time & will not manually assign you your materials.

We reserve the right to terminate and/or cease your access should you not complete any workouts and tasks for 14 consecutive days (for Offering(s) that schedule either feature), unless you previously communicate extenuating circumstances to hello@thefitlife.co. On these occasions, we will deem your Offering(s) (and purchase) 'dormant' & archive you after 14 days of no activity - freeing up your app seat for another member. We are not obliged to communicate this with you and do not offer refunds or credits for any unused periods for dormant purchased and Offering(s) unless required to do so by law.

The content of our Offering(s) can be changed at any time by the Fit Life Collective Limited without warning to the user.

If you fail to register for Everfit and Mighty Networks by your designated start date (if your purchase requires this), you will not be able to recover or extend lost week(s). The onus is on you to let us know if you are not able to register with our platforms within 12 hours of purchase. Please direct enquiries to hello@thefitlife.co

Once the Offering(s) you have purchased finishes (if it has an end date), your access to Our Offering(s) will immediately cease.

FINANCIAL CONSIDERATIONS

Purchases & Payment

You authorise Us to charge your chosen payment provider for the total amount stated on Your checkout cart screen. You agree to abide by the terms and conditions of Your card issuer agreement and any other applicable third party agreement that may affect Your purchase with Us. You agree to provide current, accurate and complete details as requested to process your payment. If necessary, You agree to update your payment information in a timely manner so We can complete any outstanding orders and/or contact You as needed.

We reserve the right to change Our Offering(s) prices from time to time.

You agree to pay any applicable shipping and/or handling fees as stated on your checkout cart screen.

Subscription Terms & Failed Subscription Procedures

When you pay for recurring subscriptions (hereinafter the “Subscription”) by credit or debit card, you authorise and give permission to The Fit Life Collective to charge your credit or debit card on a recurring basis to remain subscribed to the Offering you have purchases. When you purchase and subscribe to an Offering, your information (i.e. credit card and contact info) may be collected by the third-party merchant PayPal, GoCardless and/or Stripe (depending on the payment method you choose at checkout or via a custom payment link), who may have privacy policies or security practices that are different than ours. The Fit Life Collective Limited is not responsible for the merchant’s independent policies or practices.

Should you choose to purchase an Offering via one of our Subscription options at checkout or via a custom payment link, you will be billed on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

By purchasing Our Offering, you hereby authorise and give permission to The Fit Life Collective Limited to automatically charge your credit card, debit card, or GoCardless or PayPal account, as payment for the Offering, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorisation from you.

We will not contact you to seek any additional authorisation, approval, or permission before charging your card for each monthly or yearly reoccurring Subscription payment.

By choosing a Subscription, you agree and understand that all monthly and yearly payments are owed in full until the Subscription has been canceled. The monthly Subscription plan may not be cancelled until 3 full months have been paid for. There are no exceptions. No refund requests will be granted or accepted. Cancellation can be made by emailing hello@thefitlife.co

Failed Subscription Payments / Re-charge procedures

By signing up for any Subscription plan, your card will automatically be charged on a recurring basis depending on the Subscription plan chosen. You will receive an email several days before your Subscription renews. Please plan accordingly.

If your Subscription payment fails on the 1st attempt:

In the event that your Subscription payment is not successfully made on your due date, your credit/debit card will automatically be re-charged after a 1 day grace period to make your payment.

If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 1 day grace period to update your card information without any penalty or losing access to the Offering.

After 2nd failed payment:

Your access to the Offering will be temporarily suspended and you will not be able to access your Offering at all until you successfully complete your payment. We will attempt to re-charge your card in 1 day.

After 3rd failed payment:

Your access will still be suspended, pending your successful completion of your owed late payment. In 1 day, we’ll attempt to charge your card.

4th and final attempt to make payment:

The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 4th payment fails, you will be permanently removed from the Offering and no refund will be given.

When choosing any of the Subscription options, you consent to being responsible for all payments owed under the Offering(s)’ terms.

Subscription Cancellations:

You may cancel Your Subscription renewal by contacting the Company (hello@thefitlife.co) at least 7 business days prior to your subscription renewal. Cancellations are processed Monday through Friday (Our business days). Cancelation requests within 48 hours of renewal may not be processed before your subscription renews. In the event of your subscription renewing, you will not be issued a refund. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access your Offering until the end of Your current Subscription billing period. After your Subscription is cancelled or expired you will lose access to the Offering, all content within it, and any bonuses received during your time in the Offering.

Errors Or Mistakes In Pricing

We reserve the right to correct any errors or mistakes in pricing, even if We have already received payment. Any such changes will be conveyed in writing via email to notify You of Our correction and to allow You to take the most appropriate action in the event of such a correction or mistake.

Refunds & Returns Policy

Due to the digital nature of the services and/or products provided, We do not offer refunds or credits for any unused access periods, change of mind, accidental purchases, medical reasons or any other reason unless required to do so by law. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email hello@thefitlife.co

Promotional Pricing Devices & Price Adjustments

We are not able to accommodate a price adjustment after Your purchase.

Chargebacks

You will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or your credit or debit card and/or form of payment (ie. PayPal/GoCardless/Stripe) for any reason whatsoever related to Our Offering(s). In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.

Currency

All payments will be processed in the local currency, or if not specified at checkout, in GBP, UK pounds.

Taxes

Sales taxes will be applied to your order as required by law in either Your or Our local area(s). All prices are stated inclusive of VAT.

Order Reversal Or Cancellation

We reserve the right to refuse to fulfil any order placed on Our website, in part or in full, and will issue a refund accordingly. We reserve the right to limit or cancel quantities purchased by any given user or household at our sole discretion. We may restrict order quantities based on personal data provided by You, such as orders placed under the same customer account, orders placed on the same payment method, and/or orders that use the same billing and/or shipping address.

NO RESELLING OR DISTRIBUTION OF OUR PRODUCTS

We expressly prohibit orders that, in Our sole discretion, appear to be placed in an attempt to resell Our products. We expressly prohibit orders placed by resellers, dealers, distributors or wholesalers and will ban Your access to Our site in any lawful way possible if we discover your prohibited use(s).

DISPUTE RESOLUTION

If you have any complaint or should any issue arise in the use of Our Offering(s), please contact Us directly first by emailing hello@thefitlife.co

However, if You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree that disputes will be resolved through arbitration via an Alternative Dispute Resolution (in the UK) or Mediation (in the UK) before filing a civil cause of action.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held in the UK.

If the arbitrator issues an award and a judgment is made, the judgment will be binding. The only award that can be issued to You is a refund of any payment made to The Fit Life Collective Limited for the Offering(s) you have purchased. You are not permitted to seek additional damages, including consequential or punitive damages.

NON-DISPARAGEMENT

If You are found to be slandering, libelling, or otherwise disparaging Our Company, Offering(s), or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.

ENTIRE AGREEMENT

Once You register with Our website or make any purchases, or downloads therefrom, You acknowledge Your consent to the terms of the Privacy Policy together with these Terms & Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website and/or Our Offering(s).

LAW AND JURISDICTION

These Terms & Conditions and Privacy Policy are governed by and construed in accordance with Our country’s law. Any dispute arising out of or related to the information contained herein is subject to adjudication in Our company’s local courts.

CONSENT

By using Our website and/or using Our Offering(s), You hereby consent to Our Terms & Conditions and Privacy Policy.

If You require any more information or have any questions about Our Terms & Conditions, or Our Privacy Policy, please feel free to contact Us by email.

All rights not expressly granted in these Terms & Conditions and Privacy Policy or any express written here, are reserved by Company.

SEVERABILITY

If any part of these Terms & Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect. If any unlawful and/or unenforceable provision of these Terms & Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

We are committed to safeguarding the privacy of Our customers; in this section we explain how We will treat Your personal information.

We may collect, store and use the following kinds of personal information: (a) information relating to any purchases You make of Our Offering(s) (including Your name, delivery address, payment address, telephone numbers, email addresses, bank details and card details); (b) information that You provide to Us for the purpose of subscribing to Our Offering(s), email notifications and/or newsletters (including Your name, telephone numbers and email addresses); (c) information about Your current and historic health, food intake, current and historic exercise information; (d) information that You provide to us for publication (including testimonials and reviews); (e) information contained in or relating to any communication that You send to us (including the communication content and metadata associated with the communication); (f) any other personal information that You choose to send to us.

Before You disclose to Us the personal information of another person, You must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy. We may use Your personal information to: (a) administer our business; (b) personalise content for You; (c) enable Your use of the Offering(s); (d) send You goods; (e) send statements; invoices and payment reminders to You, and collect payments from You; (f) send You non-marketing commercial communications; (g) send You email notifications and communications; (h) send You marketing communications relating to Our business; (i) provide third parties with statistical information about Our users; (j) deal with enquiries and complaints made by You or about You; (k) verify compliance with the terms and conditions governing the use of Our products and services; (l) notify appropriate and agreed parties of Your circumstances in the case of an emergency.

We will not, without Your express consent, supply Your personal information to any third party for the purpose of their or any other third party's direct marketing. We may disclose Your personal information to any of our employees, officers, staff members, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Section. We may disclose Your personal information: (a) to the extent that we are required to do so by law; (b) in connection with any ongoing or prospective legal proceedings; (c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); (d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and (e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. We will usually delete personal data falling within the categories set out as follow at the date/time set out as follows:(a) personal information will be deleted after 10 years.

Notwithstanding the other provisions in this Section, we will retain documents (including electronic documents) containing personal data: (a) to the extent that we are required to do so by law; (b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and (c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of Your personal information. We will store all the electronic personal information You provide on Our secure (password-protected and encrypted) systems. You acknowledge that the transmission of information over the internet in inherently insecure, and We cannot guarantee the security of data sent over the internet. You may instruct Us to provide You with any personal information We hold about You; provision of such information will be subject to a payment of a fee (currently fixed at GBP 30). We may withhold personal information that You request to the extent permitted by law. You may instruct Us at any time not to process your personal information for marketing purposes. We have no control over, and are not responsible for, the privacy policies and practices of third parties. Please let Us know if the personal information that We hold about You needs to be corrected or updated by emailing hello@thefitlife.co. It will be your responsibility to correct any errors regarding personal and/or financial information.

MISCELLANEOUS

These Terms & Conditions contains the entire agreement between you and the Company and shall supersede all previous agreements between you and us in relation to the sale, purchase and delivery of Our Offering(s). There are no other promises or conditions in any other agreement (oral or written) between you and the Company. These Terms & Conditions are for Our benefit and Your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under a contract under these Terms & Conditions is not subject to the consent of any third party.

These Terms & Conditions shall be governed by English law. Any disputes relating to these Terms & Conditions shall be subject to the exclusive / non-exclusive jurisdiction of the courts of England. By purchasing and/or participating in our Offering(s), you implicitly signify your agreement to all of the terms in these Terms & Conditions.

We reserve the right to, from time to time, at our sole discretion, amend these Terms & Conditions. These terms and conditions are available in the English language only. It is your responsibility to review these Terms & Conditions from time to time to understand the extent of any changes. The current Terms & Conditions will always be visible on https://www.thefitlife.co/termsandconditions

Your continued use of Our Offering(s) constitutes your agreement to any amended and updated Terms & Conditions.

We are registered in England and Wales as The Fit Life Collective Limited and our registered office is UK based at 86 Newport Road, Caldicot, Wales, NP26 4BR. To contact us, please email hello@thefitlife.co

In-Person Coaching

Personal Training

Online Coaching

The Mentorship

Group programme (coming soon)

Short Programmes

The 4 Pillars Challenge