These are the terms and conditions of Jack Symons trading as Rival Fitness ("we"."us", “my”, or "our"). When you accept these terms and conditions, you understand that a legally binding contract is formed between you and us. Throughout these terms and conditions, where we refer to our "programme", this is the online coaching services we provide to you under these terms and conditions. These terms and conditions start on the date that you accept them and continue until you choose to end your programme.
The Programme
As part of the programme, you'll receive the following:
If you are receiving any fitness & nutrition coaching, you will additionally receive access to:
The programme will be delivered by a member of the Rival Fitness coaching team, and no other coach, trainer or third, unless a member of Rival Fitness is unavailable due to illness, bereavement, personal emergency, or otherwise.
Your access to the programme is personal to you and so you shouldn’t share access with anyone else. If we think you have failed to keep confidentiality, we may disable any security information (including your passwords and codes).
The programme delivered by Rival Fitness does not cover the running cost of third party, websites, systems, applications etc. which are used in running and delivering your own online coaching systems and services. You understand that these fees are your responsibility as a business owner to manage.
Our working hours are subject to change due to geographical location, however we aim to maintain an up to date schedule on arrival in all locations. Work days are Monday to Friday. When you contact us, we endeavour to respond within 24 working hours, but we can’t always guarantee it, so we’re not liable to you for any delay. Additionally the stated work hours may be altered in the future either due to programme changes, or travel limitations.
Minimum Term & Payments
By accepting these terms, you agree to commit to a "minimum term" of three/four months (dependent on sign up date). This means that you are legally contracted to pay for the programme for a minimum of three/four months. At the end of your minimum term, unless you cancel, your programme will automatically renew on a monthly basis ("renewal term").
You can choose to pay your fees for the minimum term all upfront and you consent to Rival Fitness appointing PayPal/GoCardless/Stripe/Outsetta to collect your upfront payment.
Alternatively, you can spread your fees out using Clearpay or Klarna. Where you opt for payment using Clearpay or Klarna, you will be bound by their terms and conditions and privacy policies, which are available on their websites. You must ensure you have read these in full. It is your responsibility to ensure that your payment method is kept up to date and that all monthly payments can be taken from your chosen payment method.
Where you choose to pay the fees in monthly instalments, this isn't a provision of services on a monthly basis and you will still be committed to payment of the fees for the full minimum term.
Where any fees become overdue, and without prejudice to any other rights or remedies, we reserve the right to suspend your programme until payment is made in full, to charge interest at a rate of 5% per annum above the Bank of England base rate, commencing on the due date and continuing until fully paid, whether before or after judgement, and to refer the matter to debt collection and pursue you for our reasonable legal costs.
Refunds
Under consumer legislation, your programme is made up of goods, which is the digital content provided to you (such as your module access and “Plug & Play” documents), and any videos, information, documents and resources. You can't terminate your programme before the end of the minimum term and claim a refund. By accepting these terms and conditions, you expressly waive your right to the 14-day cooling off period you would usually be entitled to under consumer legislation.
Money back guarantee
We offer a 90-day money-back guarantee, which is entirely commitment dependent. If you have followed all coaching advice, modules, and implemented all applicable resources, and in the case you are also receiving fitness & nutrition advice, you have followed all training, nutrition and supplement advice. As well as checking in with a full update at every check-in date in the full minimum term of three months to a level deemed appropriate by us, and you have not built any coaching systems, or if applicable you have not seen any changes in your metrics (i.e. change in BMI, changes in body fat percentage, muscle mass, reduction or gain in weight in the direction in line with the goals agreed upon commencement of training), we agree to refund you your fees for the minimum term and you're entitled to cancel the programme without any further liability to us. Please do get in touch with us if you'd like to check whether you're eligible for a refund. Please note that any decision as to whether a refund will be given is completely at our discretion and our decisions are final.
Termination/Cancellation Policy
As explained above, you can't cancel the programme during the minimum term, but you can stop the programme automatically renewing at the end of the minimum term by giving us at least 1 months' written notice. We will need to receive your notice before the third month of the minimum term starts. This also applies to any renewal term, where we will need at least 1 months' written notice.
All payments due during the notice period will be payable in full and you'll still receive the benefits of the programme. Once the notice period ends, your programme and these terms and conditions will automatically end.
Notice of cancellation is not prorated, and therefore as stated above, a notice of cancellation is essentially notifying us that the following payment within the notice period will be your final full payment
Without affecting any other right or remedy available, we're permitted to terminate your programme and these terms and conditions immediately by giving you written notice if any fees for your programme are overdue by at least [30 days] (despite us requesting payment), or if you breach these terms and conditions and you don't fix the breach within 30 days of us asking you to. Where we terminate your programme, no refunds will be provided.
Intellectual property
As part of the programme, you will receive our intellectual property, such as the “Plug & Play” documents/resources, access to module videos, call recording videos, documents, resources and all information provided by us as contained in google drives (shared with you), training app and the educational hub . All copyright and intellectual property is owned exclusively by us and nothing in these terms and conditions transfers our any copyright or intellectual property rights to you. You're not permitted to share, transmit, copy, sell or any similar activity any of our copyright or intellectual property without our written, dated, and signed permission. Essentially, this means that you can't copy anything, share it, sell it, give it away or pass it off as if you're the creator.
Disclaimers
Physical exercise can be strenuous and subject to risk of serious injury. Accordingly, RIVAL Fitness recommends that you obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any enhancement products are entirely your responsibility and you should consult a physician or other expert practitioner as the case may be prior to undergoing any dietary or food supplement programme or changes. You further hereby agree that you are participating in these activities of your own volition and initiative and that by using the advice of Jack Symons and/or RIVAL Fitness, you hereby acknowledge and assume all risks of injury, illness, or death.
You acknowledge that you have carefully read these terms and conditions and fully understand that they include and incorporate a comprehensive and binding release of liability by you in respect of Jack Symons and/or RIVAL Fitness. Under the terms herein, you expressly agree to release and discharge the said trainer(s) and/or instructor(s) (and/or employees, directors or officers of RIVAL Fitness) from any and all claims or causes of action and you agree to give up, release or waive any right that you may otherwise have to bring any such legal action against Jack Symons and/or RIVAL Fitness for personal injury or property loss or damage.
For the avoidance of doubt, to the extent lawfully permitted, the release and waiver set out above includes any action under the tort of negligence (whether such negligence is founded in statute, common law or otherwise).
If any portion of this release from and waiver of liability shall be deemed by a Court of competent jurisdiction to be invalid, then you agree that the clauses and provisions of these terms and conditions and this contract are severable where permitted and that the remainder of this release from and waiver of liability shall remain in full force and effect and the offending provision or provisions shall be severed here from accordingly.
Results from my online coaching, systems advice, training and nutritional advice will vary and I cannot guarantee an exact or specific outcome.
The information and advice provided by Jack Symons or any coach under employment of Rival Fitness is not that of a medical professional or any other professional bodies and anybody wishing to follow the advice/programme is required to seek the advice of a qualified medical professional before doing so.
We make no guarantees or claims as to the success of any participant. Each individual is unique, as is the commitment they make to themselves to apply the lessons into their life and in their business.
The aim is that by working through the training and resources and taking advantage of all of the elements which the programme has to offer, you will have new information, awareness and tools to create change in your business. We are not responsible for any outcomes you do or do not achieve through your participation in the programme.
We do not make any guarantees of future earnings, profits or results. You are entirely responsible for your own results. All information provided will be general information and guidance and will not be bespoke advice. We are not responsible for any action or inaction which you take as a result of the information provided during the programme.
No content in the programme should be construed as financial advice. If you require this advice, please speak to an independent professional.
The documents provided to you as part of the programme, such as the privacy policy, will be in line with legislation at the time. However, you should be aware that changes in legislation may cause the contracts to become out of date. You should therefore regularly check your documents to ensure they remain accurate.
Your responsibility
Results from the programme will vary and we cannot guarantee an exact or specific outcome by your participation in the programme. It is your responsibility to send your check-ins and maintain contact with us. If we do not hear or receive check-ins from you, we're not obliged to follow up with or chase you.
"Before and after" photos, videos, and data
We reserve the right to use any "before and after" images, videos, testimonials, and data collected with regards to your business improvements (e.g. Improved systems, hours saved, quotes etc.” within promotional materials, both web-based and offline and, accordingly, you hereby consent to such usage. You agree not to share your "before and after" or progress images, videos, testimonials and data collected with another coach you may work with after us, if any, so that they can take credit for part of your fitness and business journey.
Limitation of liability
Nothing in these terms and conditions excludes any liability under the law that can't be excluded, including death or personal injury caused by negligence, and your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
You won't hold us liable for any direct or indirect losses or damages that may result, including, but not limited to, economic loss or loss of opportunity, which arises from these terms and conditions, the programme or the photoshoot, if applicable.
Where you have purchased a photoshoot, we work with third parties to deliver the photoshoot, specifically the photographer, hair and make-up stylist, and location host. We're not liable for anything they do or don't do, or for any timing issues with any such third parties and if you have any issues, you should raise them directly with those third parties.
In the event that you cause damage to the location we use for your photoshoot, you will be responsible for this, and will be required to deal directly with the location host to cover any costs incurred. This shall apply to any damage caused to any item or service provided by a third party introduced to you as part of the photoshoot.
Our liability under these terms and conditions is limited to twice the total fees payable for the programme that you commit to by entering into these terms and conditions.
Indemnity
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 the programme.
You agree that we are not and will not be liable or held responsible for any actions or action undertaken by you, or for any direct or indirect result of the programme.
Data protection
The authority for data protection is the UK Information Commissioner's Office: https://ico.org.uk. We comply with the Data Protection Act 2018. When you sign up to the programme, we'll collect your name, email address and phone number, and any other information you choose to share with us. The reason we take this is so we can sign you up as a client and the lawful basis is to perform our contract with you. Upon signing up to the programme, you'll also be placed onto our mailing list in order to keep you notified of any company changes, events and new content information. You have the right to opt out at any time to this list by clicking 'unsubscribe' to any emails or by contacting us in writing (you accept that by unsubscribing to any mailing lists or information chains, you accept that this may contain parts of the programme, and
Photoshoots (optional extra)
As an optional extra, you can choose to purchase a photoshoot with one of our recommended photographers. This section of these terms and conditions also applies to the photoshoot.
All specific information relating to the photoshoot, such as fees, dates and times and location will be confirmed to you by email
For us to secure the photographer's time and the location, we require payment of our fees for the photoshoot in advance. We will invoice you the fees and will confirm the booking as soon as we have received payment in full. This payment is non-refundable (This includes all deposits for the photoshoot).
Rescheduling the photoshoot
If you need to reschedule your photoshoot due to an emergency or illness, please give us as much notice as possible. We personally won't charge you to reschedule your photoshoot to another date, but the photographer and the location host} might. You therefore accept the liability to cover any costs of changes, or risk losing access to a shoot.
The copyright in all photos taken during the photoshoot, which may or not be edited, shall remain the photographer's sole property at all times and nothing in these terms and conditions will transfer the photos to you. By buying the photoshoot, you are granted a non-exclusive, royalty free, perpetual, limited licence to use the photos for your own personal purposes but commercial use is not permitted. This means that you can share them on social media and make copies for yourself (or to give to someone else), but you can't sell, sub-licence or transfer the photos to any third party without the photographer's prior written consent. This licence can be revoked if you breach these terms and conditions.
General legal terms
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 are excused from performance under these terms and conditions and won't be liable to you for our failure to perform. We will use our reasonable efforts to continue our obligations under these terms and conditions as soon as we can after the force majeure event has stopped.
If you need to serve a notice to us, it will be deemed sufficiently given if you email it to us, and the time of delivery will be the time of transmission. Please send any notices to us by email to
Jack@RivalFit.co.uk and we will use the email you give us when you sign up to the programme. 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 and condition, and any email relating to the booking of photoshoots (if applicable), represent the entire understanding and agreement between you and us with regards to the subject matter of these terms and conditions, and replaces all other negotiations, understandings, and representations, if any, made by and between you and us. No representation, inducement, promise or agreement, oral or otherwise, if any, not contained in these terms and conditions or any other agreement related to these terms and conditions and expressly references herein is of any force and effect.
Delay in exercising a right under these terms and conditions won't take away that right or any other right
No one other than a party to these terms and conditions, has any right to enforce any of its terms and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions. If any provision or part-provision of these terms and conditions is or becomes invalid, illegal, or unenforceable, it will be deemed amended to the minimum extent needed to make it valid, legal, and enforceable. If such amendment isn't possible, the relevant provision or part-provision will be deemed deleted. Any such amendment or deletion won't affect the validity and enforceability of the rest of these terms and conditions.
These terms and conditions and the relationship between you and Rival Fitness(whether contractual or otherwise) shall be governed by, and constructed in accordance with, the laws of England and Wales. Any dispute, controversy, proceedings or claim between you and Rival Fitness relating to these terms and conditions or the relationship between you and Rival Fitness (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.
Terms & Conditions prior to 02/10/22 are available here
