FULL TERMS AND CONDITIONS OF SERVICE USE
These Terms and Conditions are the standard terms which apply to provision of any/ all Coaching Services by KM Lifestyle Coaching FZ LLE, a Company registered in the United Arab Emirates (UAE) under license no: 17718/2021 and where the client is a “Consumer”.
These conditions shall prevail over any other terms or conditions contained in or referred to in any
correspondence or implied by practice or course of dealings, unless such terms are specifically agreed in
writing.
1. Definitions
In these Terms and Conditions, unless the context otherwise requires:
“KMLC” refers to and is an abbreviation of KM Lifestyle Coaching FZ LLE.
“You” / “Your” or “The Users”, each a “User” means any individual to whom KM agrees to provide Coaching Services for the individual’s personal use.
“Coaching Services” means any type of online or in person coaching or physical training that KMLC provides you on an individual or group basis. This may be comprised of any of the following: the testing and assessment of (without limitation), the cardiovascular system, heart rate, muscle strength, body composition, endurance and flexibility; physical training; exercise; aerobics; aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; resistance exercise; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weightlifting; goal setting; exercise prescription; nutrition advice; weight loss; muscle toning; strength building; development of training plans; motivating, leading and instructing; mindset coaching; lifestyle advice and recommendations and any other coaching activities, training techniques and/or exercises.
“Coaching Subscription” means the fixed or recurring subscription term, accepted at KMLC’s discretion, on which basis you have agreed to receive and pay for Coaching Services provided by KMLC and which will commence on the Start Date which will always be the data upon which you purchased the subscription. All Coaching Subscriptions are for a minimum of 12 weeks.
“Sites” means any live or pre-recorded instruction, digital goods, and learning services made available through kirkmiller.co.uk, the BTP Members Area, the Kirk Miller Private Coaching App and the Built To Progress: Academy Facebook Group, their subdomains, mobile applications, and other media managed by KMLC (collectively, the “Sites”).
“Content” means the content on the Sites, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement. Content uploaded, transmitted, or posted by Users, whether they are Instructors or Students, is referred to herein as “User Content.”
2. Registration
In order to use the Coaching Services provided by KMLC, you must confirm your agreement to these Terms and Conditions.
You must be 18 years old or over and a “consumer”.
Your request for the provision of Coaching Services by KMLC will be an offer, but whether KMLC accepts any such request will be exclusively for KMLC to decide at KMLC’s discretion. Coaching Services are non-transferrable.
3. Coaching and Cancellations
You may only use KMLC Coaching Services once you have paid for those Services in full. If you wish to purchase a Coaching Subscription and at KMLC’s discretion that purchase is accepted, the contract will be for the full duration of that Coaching Subscription term and for a minimum 12 week period.
You may cancel your Coaching Subscription at any time following the minimum 12 week Coaching Subscription term by giving at least 7 days notice prior to the next subscription period, subject to the terms of this cancellation policy.
If you wish to terminate your subscription to Coaching Services with KMLC, you must inform the KMLC in writing to support@kirkmiller.co.uk.
Non-adherence to a Coaching Programme will never equate to sufficient notice of termination.
Coaching Services are subject to change from time to time but KMLC will always endeavour to give you as much advance warning as possible of any such change.
In the unusual circumstance that an event out of KMLC’s control occurs preventing KMLC from fulfilment of it’s obligations as laid out in the Commitment Statement, KMLC may at any time cancel the provision of Coaching Services to you, in which case KMLC will defer its obligation to you to a future agreed date/ time, or, where it is not possible for KMLC to do so, KMLC will refund to you in full pre-payment received for any unfulfilled Coaching Services.
KMLC may cancel the provision of Coaching Services to you at any time under the following circumstances, in which case, no refund of payment will be applicable:
i) Payment has not been received in advance
ii) Your breach of these terms and conditions
4. Fees and Payment
You must pay in accordance with the agreed payment terms for the full duration.
You agree to the automatic processing of subsequent recurring Coaching Subscription fees on a 28 day basis, as agreed with KMLC at the point of onboarding and you accept responsibility for all recurring Coaching Subscription renewal charges by automatic collection until such as a time as you inform KMLC of your request to terminate your Coaching Subscription.
KMLC will charge your payment card on file for the recurring Coaching Subscription fee and will not usually notify you before the renewal fee is due.
You may cancel your Monthly Coaching Subscription at any time subject to the terms of KMLC’s cancellation policy.
Pre-paid subscription fees are non-refundable, either in part or in full, and are non-transferrable.
You may not withhold or offset payment of any amount to KMLC.
In the event of delayed or non-payment, without prejudice to any other right or remedy available to KMLC, and whether or not any part of your account is subject to query, KMLC may:
i) Cancel or suspend any further delivery or provision of Coaching Services to you; and
5. Fitness, Health and Safety
You acknowledge that recommendations and advice provided by KMLC in the process of providing Coaching Services to you may be physically strenuous and you agree that you voluntarily participate in such activity with full knowledge that even if KMLC is not negligent there is a risk of personal injury or illness arising from your participation in such activity.
You will at all times be responsible for your own state of health, physical condition and wellbeing. You must ensure that you are fit and well enough to participate in any activity that you undertake under KMLC’s direction.
Certain coaching recommendations or parts/ aspects of related activities may be unsuitable for you if you have special needs, or any medical, health or fitness problem or condition.
If you have any concerns about your fitness or health, you should seek appropriate medical advice from a relevant professional medical or other adviser before undertaking the activities recommended by KMLC, and where necessary, you must obtain clearance from a relevant professional medical or other adviser before continuing. KMLC cannot and does not provide any such advice or clearance.
You agree that when you apply to receive Coaching Services from KMLC, that will be your confirmation that you have no health concerns or fitness related issues which may affect your participation in any such activity, and that you have obtained medical or other clearance where necessary.
You must not undertake any physical training activity when under the influence of alcohol or illegal drugs or immediately following a heavy meal.
6. Limitation of Liability
KMLC will not be responsible for any loss or damage that you may suffer that is not a foreseeable result of the breach of these Terms and Conditions by KMLC or a result of KMLC’s negligence. Loss or damage is foreseeable if it is an obvious consequence of KMLC’s breach or negligence or if it is contemplated by you and KMLC when the contract is created. KMLC’s liability will in all cases be limited to the extent paid in settlement from any applicable insurance policy.
KMLC provides or sells all Coaching Services to you only for your personal and private use/purposes. KMLC will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
KMLC makes no warranty or representation that any particular result will be brought about as a result of taking part in the activities recommended by KMLC. Results will differ from person to person depending on various factors, including, without limitation, body type, and nutrition.
KMLC does not act as a medical or health professional, and does not have expertise to diagnose medical
conditions or impairments. KMLC’s advice does not include any medical or similar advice and it is not a substitute for advice provided by an appropriate medical practitioner.
Nothing in these Terms and Conditions is intended to or will exclude or limit KMLC’s liability for death or personal injury caused by KMLC’s negligence or for fraud or fraudulent misrepresentation.
7. Your Personal Information (Data Protection)
All personal information that KMLC may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR. For complete details of the collection, processing, storage, and retention of your personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to KMLC’s Privacy Notice available here: https://www.kirkmiller.co.uk/privacy-policy
8. Ownership Of Intellectual Property
Any information, know-how, data, results, and inventions, and any associated intellectual property, that is made, discovered, created, invented, generated or shared by KM in relation to this Agreement shall be owned by KMLC.
KMLC’s Limited License of Content to Users
KMLC grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Sites and to view, copy, and print the portions of the Content available to Users on the Sites. For Users, this includes access to content provided therein, for which they have paid all required fees. Such license is subject to these Terms of Use, and specifically conditioned upon the following:
Users may only view, copy, and print such portions of the Content for their own personal use;
Users may not modify or otherwise make derivative works of the Sites or Content, or reproduce, distribute, or display the Sites or any Content (except for page caching) except as expressly permitted by KMLC.
Any such use of any portion of Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted herein, these Terms of Use, and your access to the Sites. Any such unauthorised use may also violate applicable laws, including without limitation copyright and trademark laws.
KMLC may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.
Use of Interactive Areas and the Sites
The Sites may contain discussion forums, social media groups, review services, or other forums in which Users or third parties may post content, messages, materials, reviews, or other items on the Sites (“Interactive Areas”).
You are solely responsible for your use of such Interactive Areas and use them at your own risk. You represent and warrant that any content you submit to any Interactive Areas complies with these Terms of Use and that you own or control all rights in and to that content. Any content submitted to any public area of the Sites is non-confidential and non-proprietary. By using any Interactive Areas, you agree that the content must comply with all applicable local and international laws and regulations, and agree not to post any content containing material which is defamatory, discriminatory, libelous, obscene, indecent, pornographic, abusive, offensive, harassing, threatening, violent, hateful, inflammatory, or otherwise unlawful or objectionable.
You also expressly agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:
Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual property or
proprietary right of any party;
Content that impersonates any person or entity or otherwise associates, infers, or misrepresents the User’s affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising, or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers, unless that third party has expressly consented to such use and disclosure;
Viruses, corrupted data, or other harmful, disruptive, or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted, in KM’s sole determination; and
Content that, in KMLC’s sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose KMLC or its affiliates or Users to any harm or liability of any kind.
Any use of the Interactive Areas or other portions of the Sites, in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. If you believe that your own User Content violates any law or regulation, is inaccurate, or poses any risk whatsoever to any third party, it is your responsibility to take any corrective steps you deem necessary. If you believe that any third party’s Content or any KM Content violates any laws or regulations, including, without limitation, any copyright laws, you should report your concern to KMLC.
9. Complaints
KMLC always welcomes feedback from you and, whilst KMLC uses all reasonable endeavours to ensure that your experience as a client is a positive one, KM nevertheless wants to hear from you if you have any cause for complaint.
If you have any complaint about Coaching Services or any other complaint about KMLC, please raise the matter directly or by email to support@kirkmiller.co.uk
10. Changes to Terms and Conditions
KMLC may from time-to-time change these Terms and Conditions without providing you notice. KMLC will use reasonable endeavours to inform you as soon as is reasonably possible of any such change.
11. No Waiver
No failure or delay by KMLC or you in exercising any rights under these Terms and Conditions means that KMLC or you have waived that right, and no waiver by KMLC or You of a breach of any provision of these Terms and Conditions means that KMLC or You will waive any subsequent breach of the same or any other provision.
12. Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or
unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
13. Law and Jurisdiction
These Terms and Conditions, your agreement to which form the contract between KMLC and yourself, and the relationship between you and KMLC (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.