TERMS AND CONDITIONS
1. These terms
1.1 What these terms cover. These are the terms and conditions on which I supply my services to you.
1.2 Services. References to “Services” in these terms means the training, coaching, and/or related services you purchase from me which may comprise one or more of the following (as agreed in writing between us):
(a) Personal Training – one-to-one sessions with me, either in-person or online;
(b) A McGill Method low back pain assessment – either in-person or online with me;
(c) Nutrition guidance – nutrition advice regarding weight loss or muscle gain
2. Information about me and how to contact me
2.1 Who I am. I am Andy Marlow, a personal trainer using the brand name 'The Back Coach'. I am not a medical doctor, physical therapist, chiropractor or osteopath. The formal name of my company is 'Andy Marlow Sport Coaching Services LLC', a company registered in the United Arab Emirates with registration number 0120240717001927, and registered address at Office 106, Port Saeed, Dubai UAE.
2.2 How to contact me. You can contact me by telephoning +971 (0)56 887 9382 or by emailing me at andy@theback.coach.
2.3 How I may contact you. If we have to contact you we will do so by telephone, via call or Whatsapp, or by writing to you at the email address or postal address you provided me with.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. My contract with you
3.1 My acceptance of your order will take place once you have signed and returned my Client Agreement Form. At which point a contract will come into existence between you and me.
3.2 If I'm unable to accept your order, I will inform you of this and will not charge you for the Services. This might be because of unexpected limits on my resources which I could not reasonably plan for or because I have identified an error in the price or description of the Services or because I'm unable to provide you with Services based on information you provide to me, including in respect of your health and medical background in which case I will provide an explanation to you.
4. Client Agreement Form
4.1 You confirm that you have read, understood and answered the client agreement form honestly and in good faith. You agree that I'm entitled to refuse to provide Services to you, or cease providing Services to you, if the information provided in the health questionnaire is incomplete or inaccurate, or because the information you have provided in the health questionnaire means that it may be unsafe for me to provide Services to you.
5. Health and Safety Terms
5.1 You understand and agree that:
(a) a McGill Method low back pain assessment involves the intentional provocation of pain triggers so that I'm able to teach you how to avoid provoking your pain;
(b) the human body is complex and unpredictable and so provision of the Services carries an inherent risk of physical injury to you;
(c) any nutritional guidance provided to you is targeted at body composition and not at any medical issues or concerns you may have;
5.2 You confirm that:
(a) to the best of your knowledge, you are medically and physically able to safely participate in the Services; and
(b) you will update me throughout the Services of any changes to your health and about any medical issues that arise, including if you feel unwell and irrespective of whether you feel the issue to be minor, trivial or irrelevant. This applies to all conditions, issues and concerns whether or not you have received a medical diagnosis.
5.3 I strongly recommend that you seek and obtain the advice of a competent, qualified medical professional before you begin using the Services to identify any health or medical issues you have that may affect your use of the Services and to make sure that the Services are appropriate to you. You agree that, subject to clause 13.2, I shall not be liable for any injury or harm you suffer as a result of your use of the Services including where you have chosen to ignore my advice and use the Services without seeking and obtaining medical advice.
5.4 Any advice that you receive from me relates to exercise and nutrition for body composition purposes and is not a substitute for advice from a medical professional.
6. Your rights to make changes
6.1 If you wish to make a change to the Services you have ordered please contact me. I will let you know if the change is possible. If it is possible I will let you know about any changes to the price of the Services, the timing of the Services or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. My rights to make changes
7.1 I may change the Services:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to implement minor adjustments and improvements; and
(c) if your medical and health situation changes to an extent that requires amendments to the Services.
8. Providing the Services
8.1 When I will provide Sessions. The Client Agreement Form states the number of Sessions you have purchased (if applicable) and the dates by which those Sessions should be used. If you do not use the Sessions within the specified timeframes, I am under no obligation to provide you with alternative Sessions. The timing of any additional sessions purchased will be agreed upon in writing.
8.2 When we will provide Services other than Sessions. Where you have purchased Services from me that do not involve Sessions, I will notify you in writing of the expiry date for the Services, if applicable. If you do not use the Services within the specified timeframes, I may agree to an extension to enable you to use the Services but I'm under no obligation to do so.
8.3 I reserve the right to refuse to provide the service if you have not made payment. Sessions will only be completed on the basis that you have available credit in your account to pay for the session. In the event you have set up an autopayment, we will contact you if this payment fails for any reason.
8.4 I am not responsible for delays outside my control. If our performance of the Services is affected by an event outside our control then we will contact you as soon as possible to let you know and I will take steps to minimise the effect of the delay. Provided I do this, and subject to section 13.2, I will not be liable for delays caused by the event.
8.5 I may have to suspend the Services to:
(a) deal with exceptional personal problems;
(b) update the Services to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Services as requested by you or notified by us to you.
8.6 Your rights if I suspend the services. I will contact you in advance to tell you I will be suspending the services unless the problem is urgent or an emergency.
9. Cancellation policy
9.1 What happens if you cancel Sessions. I reserve the right to charge you for any booked Session which is cancelled with 48 hours’ notice or less or which you do not cancel and fail to attend. To avoid incurring a charge, I will need written, printable proof that a booked Session was cancelled with more than 48 hours’ notice.
10. Refund policy
10.1 Once payment has been made no refunds will be given. No exceptions will be made.
11. If there is a problem with the services
11.1 How to tell us about problems. If you have any questions or complaints about the services, please contact me. You can contact me by email at andy@theback.coach.
11.2 Nothing in these terms will affect your legal rights.
12. Price and payment
12.1 Where to find the price for the Services. For Sessions related services, I will notify you in writing of the price payable for the Services as well as the date on which the first payment is due (the “Initial Due Date”). The price we quote to you will be valid until the Initial Due Date. If we have not received payment by the Initial Due Date, the price of the Services may change.
12.2 Changes to pricing. I may change the price of the Services from time to time; however, any price changes or other changes to your subscription will be applied no earlier than 30 days following notice to you. You will have the opportunity to cancel your subscription before the change takes effect.
12.3 Discounts. We may provide discounts at our sole discretion. Any discount will be confirmed in writing to you.
12.4 What happens if I got the price wrong. It is always possible that, despite my best efforts, some of the Services I sell may be incorrectly priced. I will normally check prices before accepting your order so that, where the Service’s correct price at your order date is less than my stated price at your order date, I will charge the lower amount. If the Service’s correct price at your order date is higher than the price stated, I will contact you for your instructions before we accept your order.
13. My responsibility for loss or damage suffered by you
13.1 I am responsible to you for foreseeable loss and damage caused by me. If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breaking this contract or my failing to use reasonable care and skill, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both I and you knew it might happen, for example, if you discussed it with me in writing during the sales process.
13.2 I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence or the negligence of my employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable skill and care.
13.3 I am not liable for business losses. I only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose I will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 My other liability. Subject to clause 13.2 and without prejudice to clause 13.3, my total liability to you for any one event or series of related events shall be limited to a sum equal to 100% of the total amount paid by you for the Services giving rise to the liability in the 12 months preceding the date on which the liability first arose.
14. How I may use your personal information
14.1 I will use the personal information you provide to us to:(a) provide the Services;
(b) process your payment for such Services; and
(c) if you agreed to this during the order process, to inform you about similar products and services that I provide, but you may stop receiving these communications at any time by contacting me.
14.2 The terms of our privacy policy apply to all personal data I process as a result of providing Services to you.
15. Other important terms
15.1 You may only transfer your rights or your obligations under these terms to another person with our written consent.
15.2 Nobody else has any rights under this contract. This contract is between you and myself. No other person shall have any rights to enforce any of its terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if I delay in enforcing this contract, I can still enforce it later. If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things or prevent me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the services, I can still require you to make the payment at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of the United Arab Emirates.
15.6 Disputes resolution. If you have any concern or dispute about the services I provide you with, you agree to first try to resolve the dispute informally by contacting me.