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Terms & Conditions

ROBYN DRUMMOND FTNESS – TERMS AND CONDITIONS

 

These are the terms and conditions (“terms”) of Robyn Drummond Fitness Ltd, a company registered in Scotland under company number SC697801 with its registered office at 12 Burnside Place, Kelty, Scotland, KY4 0EA (“we”, “us” or “our”). These terms were last updated in November 2022.

 

When you accept these terms, you understand that a legally binding contract is formed between you and us. Throughout these terms, where we refer to the “membership”, this is the online coaching services we agree to provide to you under these terms. These terms start on the date that you accept them continue until you or we choose to end your membership.

 

  1. The membership

All the benefits you’ll receive as part of your membership are set out on our website here, and you can either choose to join the membership on a monthly or on an annual basis.

Monthly membership

Where you sign up to the monthly membership, there is no tie-in to a contract and your membership will continue on a rolling monthly contract until you choose to end it.

Your first monthly fee will be collected on the day that you sign up to the membership, and your monthly fees will be collected on the same day each month. We use a third-party payment provider, such as Stripe or GoCardless, to collect your monthly fees, and it is your responsibility to make sure that your fees can be taken each month. Where your monthly fees cannot be taken, your membership and all the benefits you receive as part of it will be paused until it’s paid. Where repeated attempts to take payment fail, we reserve the right to cancel your membership without any liability to you. By signing up to the membership, you will be bound by the third-party payment provider’s terms and conditions and privacy policy and so you should familiarise yourself with these.

If you would like to cancel your monthly membership, all you need to do is either cancel it by logging into your account and going to “Manage Account” or cancelling your direct debit. As long as you do this before the next monthly payment is taken, your monthly membership will end at the end of that month. Please note that we’re not able to pro rate your monthly fees.

 

Annual membership

Where you sign up to the annual membership, you are committing to your membership for a “commitment period” of one year from that date. Your annual fee is payable all upfront using a third-party payment provider, such as Stripe or GoCardless. By signing up to the membership, you will be bound by the third-party payment provider’s terms and conditions and privacy policy and so you should familiarise yourself with these.

It is important you understand that once you have committed to the annual membership, you can’t cancel your membership until the commitment period ends. At that point your annual membership will automatically renew for another annual membership, and we will collect your annual fee on the next day using the same payment method.

If you would like to stop your annual membership from renewing automatically, you will need to give us at least one months’ notice of your decision to cancel.

Let’s say your annual membership starts on 18 November and will end on 17 November in the following year. You will need to give us notice on or before 18 September and if you do, your annual membership will end at the end of the commitment period. If you give us notice on or after 19 November, your annual membership will automatically renew, and your annual fee will be collected from the same payment method you used when you signed up.

 

  1. Communications

Anytime you need to contact us, we’d appreciate if you could use our private messaging service via our Facebook page “Robyn Drummond Fitness” or email to robyndrummondfitness@hotmail.com – we’ll respond faster that way! Our working hours vary but they will typically be between Monday – Sunday 9-5pm (except public holidays). If you message us, we aim to respond within 24 hours (but sometimes our response times are longer).

 

  1. Consumer rights

 As part of your membership, you will receive a variety of things from us, including but not limited to the on-demand workouts, our step-by-step guides on all things exercise and nutrition, and the recipe and snack ideas. These are referred to as digital content under consumer legislation.  By accepting these terms, you expressly waive your right to the 14-day cooling off period you would usually be entitled to under consumer legislation.

 

  1. Intellectual property

As we’ve stated above, you’ll receive our intellectual property as part of the membership. This covers all things we create and choose to share with you, including but not limited to the on-demand workouts, our step-by-step guides on all things exercise and nutrition, and the recipe and snack ideas. All copyright and intellectual property is owned exclusively by us and nothing in these terms transfers any copyright or intellectual property rights to you or any third party. You’re not permitted to share, transmit, copy, or sell our copyright or intellectual property without our written, dated, and signed permission.

 

  1. Facebook group

It is so important that our closed Facebook group for members only is a place where members feel supported, encouraged, and treated kindly and so we ask that you always ensure this in your actions. While we encourage everyone to engage in discussions, any nasty, unfair, or unnecessary comments will be removed instantly from the group. We’re not responsible for the behaviour, actions, or views of other members, and we can only ask that everyone respects the privacy and confidentiality of others.

 

Your access to the closed Facebook group is personal to you and so you’re not permitted to share your access to the Facebook group with anyone else. If you consistently break the standards we set, or you share your access, you will be removed from the Facebook group, and we can terminate your membership immediately. If this happens, we won’t refund you your fees.

 

  1. Our responsibility

Robyn Drummond is a qualified personal trainer (BSc (Hons) Sport, Fitness and Coaching Level 3 Personal Trainer & Exercise Referral L1 Precision Nutrition Coaching), and we reserve the right to engage any other equally qualified instructors in her place. During these times, we ask you to continue to support alternative instructors as you would do with Robyn.

 

We promise to provide the membership to you with reasonable care and skill to a standard reasonably expected of a professional working in the online fitness coaching industry.

We deliver classes as part of the membership, and all classes and timetables are subject to change. Where the person delivering the class is unwell or on annual leave, we will notify you in the Facebook group and or by email and previous pre-recorded classes will be provided as alternative, where possible.

 

  1. Your responsibility

 

Your membership is all about helping you improve your fitness, learning to eat well realistically so that you can achieve that goal you’ve always wanted to. Reaching those goals requires commitment from you and so we can’t guarantee any results from your membership.

Your health and safety when exercising is important to us, and so before you sign up to the membership you will be required to complete a PAR-Q. The completed PAR-Q forms part of your contract with us (along with these terms) and by accepting these terms, you promise that you have completed the PAR-Q fully and honestly and you’re not aware of any medical issues, health conditions or injuries which could affect your ability to exercise safely.

Whenever you exercise at home, you must ensure you have at least a 4m square space around you to exercise safely and there are no furniture, objects, pets, or cables preventing this.

Please always ensure you “warm” up and “cool” down before and after exercise. Our videos can be found in the guide section 1 of our Facebook group.

 

  1. Disclaimers

You understand and acknowledge that all exercise you undertake as part of your membership (including gym workouts and home workouts) are done at your own risk – please know your own limitations and choose alterative options where applicable. If you have a medical condition which may impact your performance during exercise, you may need to contact your GP (or another medical professional) prior to starting. Please inform us of this medical condition, however you understand that participation is at your own risk.

All information, content, or advice we provide to you during your membership isn’t medical advice and we’re not qualified medical practitioners or nutritionists. We take reasonable steps to ensure our advice is evidence-based, but we can’t guarantee it, and so you act on our guidance at your own risk.

As an online platform you acknowledge that complex software is never wholly free from technical issues arising from internet connection services, defects, errors, and bugs. If a fault is due to us, we will endeavour to provide a pre-recorded option.

We won’t be liable to you for any injury you might sustain during your membership (unless this is caused by our negligence). We also don’t assume any liability for any direct, indirect, consequential, or special losses or damages that may result, including, but not limited to, economic loss. Nothing in these terms excludes any liability under the law that can’t be excluded, including death or personal injury caused by negligence. Our liability to you under these terms is limited to twice the total fees you’ve paid for your membership in the 12 months before a claim arose.

 

  1. Data protection

The authority for data protection is the UK Information Commissioner’s Office. Your privacy is important to us, and we comply with applicable data protection legislation, including the retained EU law version of the General Data Protection Regulations (2016/679) and the Data Protection Act 2018. If you would like more information about how we process your personal data, please check our privacy policy, available on our website.

 

  1. Photos and social media

As part of the membership, you’ll provide us with your progress photos or videos to show your transportation journey. We’d like to share your photos, videos, and any testimonials you provide in our online and offline marketing, whether on our social media, our website or elsewhere, for promotion purposes. Where you share your photos or videos with us privately, we will ask for your consent to us sharing these. If you “tag” us publicly via social media, we may further share this on our wider platform.

 

  1. Indemnification

 This clause contains an indemnity, which is a legal promise to compensate someone for the losses they have incurred because of the actions of another. You agree to indemnify us against all losses, claims, demands, costs, and expenses incurred or suffered by us arising out of your membership. You agree that we’re not and won’t be liable or held responsible for any actions or action undertaken by you, or for any direct or indirect result of your membership.

 

  1. Cancellation by us

Without affecting any other right or remedy available to us, we’re allowed to terminate your membership immediately by giving you written notice if any fees are overdue for an unreasonable amount of time (despite us requesting payment), or if you materially breach these terms. Where we terminate your membership, no refunds will be given.

 

  1. The boring legal bit

Where an event outside our control occurs, this is a “force majeure event” and includes, but isn’t limited to, storm, fire, earthquake, an Act of God, a natural disaster, a failure of electricity or power supplies, epidemic, pandemic, government rules, regulations or guidance, or a failure of a third-party supplier to do as they’re contracted to do. Where a force majeure event occurs, we’re excused from performance under these terms, and won’t be liable to you for our failure to perform. We’ll use our reasonable efforts to continue our obligations under these terms as soon as we can after the force majeure event has stopped.

Any notices you need to serve on us (such as to cancel your membership) should be emailed to robyndrummond@hotmail.com and the time of delivery will be the time of transmission. We’ll use the email you give us when you sign up to the membership. If your contact details change, please let us know. This doesn’t apply to the service of legal proceedings, which can’t be emailed.

These terms represent the entire understanding and agreement between you and us with regards to the subject matter of these terms, and replaces all other negotiations, understandings, and representations, if any, made by and between you and us.

Delay in exercising a right under these terms won’t take away that right or any other right.

No one other than a party to these terms, has any right to enforce any of its terms and accordingly the Contracts (Third Party Rights) (Scotland) Act 2017 doesn’t apply to these terms.

These terms, and any non-contractual obligations arising hereunder, are governed by Scots law. The courts of Scotland have exclusive jurisdiction over any matter and proceedings arising out of the membership or these terms.

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