SERVICE AGREEMENT BETWEEN BRISTOL HYPOPRESSIVES (COMPANY) AND CLIENT

In consideration of covenants and agreements contained in this agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree to the following terms and conditions and to be bound thereby:

If you are happy with the terms and conditions applied and understand each section of this contract, please tick the checkbox.

TERM

This agreement shall be valid from the Effective Date until termination.

SERVICES

Our aim is to provide you with the tools you will need as a hypopressive teacher.

Course Accreditation

You will receive a certificate from the International Hypopressives Council on completion of the course.

Our course is accredited by The international Hypopressives Council and CIMPSA.

In order to certify you, we will need to pass on your contact details (name, email and phone number) to International Hypopressives Council so that they can list you on their website as a teacher. You have the option to opt out of this registration process, to opt out please email lucy@bristolhypopressives.com

Attendance

It is of prime importance that you attend all of the training days scheduled as part of the course.

You must arrive before the scheduled start time for each training day. If you are going to

be late please text or call Lucy on 07912934925. You must arrive back from breaks promptly at the time agreed.

Assessment

After each theory lecture you will be required to complete a quiz and then a 30 question exam at the end of the course. You will also be required to send a video of you teaching the level 1 foundational flow and a video of you teaching the breathing technique and apnea.

Should you fail one of the quiz’s or the theory exam you will be asked to revisit these lectures and then complete the assessments again.

Feedback on your practical teaching videos will be given and you may be asked to submit these again after implementing the suggestions.

In the unlikely event that the teachers decide a particular student is unlikely to graduate this will be discussed with the student at the first opportunity on a one to one basis.

Other Requirements

You will need to have insurance in place to teach classes as a trainee hypopressives teacher.

Once qualified we suggest you complete a first aid course before you start teaching.

You will also need to take out public liability insurance appropriate for teaching Hyporessives

Changes to Course Delivery

In exceptional circumstances where access to the venue is restricted, due to any circumstance, such as extreme weather, act of God, or pandemic; Bristol Hypopressives will aim to continue the course. Any affected training modules or courses will be delivered in an online format. In this way, Bristol Hypopressives will provide all materials needed to fulfil its obligations.

You are obliged to see the training through whether in person or online. Refunds will not be given due to amendments being made to how a training course is delivered in unforeseen circumstances and where Bristol Hypopressives is forced to change the advertised description of the course.

Complaints

Complaints must be submitted in writing to Bristol Hypopressives

Bursaries

No bursary places are offered at this time

Cancellation Policy

No refunds, credits or transfers are available on cancellation of the course prior to, during or after the start date.

OUR OBLIGATIONS

We agree to deliver the Programme and the Services to you with reasonable care and skill.

If we have to cancel or reschedule a Session then we shall use our best endeavours to provide you with as much notice as possible.

If the programme does not fill we have the right to delay the start date of the programme until it does or we have the right to cancel the group programme - another service will be offered in that situation but refunds won't be given.

We are grateful to receive testimonials, comments, reviews, images or similar information (“Reviews”). As part of this Agreement you consent for us to exhibit, copy, publish, distribute, use on or in any of our website, pages, other social media sites, advertising, marketing campaigns or email communications any of these Reviews as we reasonably require to lawfully promote our business. You can withdraw your consent at any time by emailing us.

DISCLAIMERS

It is of prime importance that you attend all of the training days scheduled as part of the course.

You must arrive before the scheduled start time for each training day. If you are going to

be late please text or call Lucy on 07912934925. You must arrive back from breaks promptly at the time agreed.

Additional contact or support not included in the above services will require separate terms and conditions and fees.

Amendments, rescheduling or cancellation may be made to the Training Itinerary or any part of the Training void of any liability to the Client.

Confirmation of the date and time of each session will be by email.

Efforts to accurately represent the training and the services have been made.

MEDICAL DISCLAIMER

Bristol Hypopressives recommends that you consult your doctor or medical practitioner regarding the applicability of any recommendations and follow all safety instructions before beginning any exercise programme. There are contraindications to the hypopressives vacuum / apnea breath these can be found here. https://www.bristolhypopressives.com/faqs Please also consult a doctor if you have any other medical condition not listed to check you are safe to practice. The exercises and information provided here are not a replacement for medical advice. If you experience feeling faint, short of breath, feel nauseous or experience heart palpitations please stop immediately and contact your doctor. If you engage in this exercise or exercise programme, you agree that you do so entirely at your own risk, and that when participating in any exercise or exercise programme there is the possibility or risk of physical injury. participating in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Bristol Hypopressives from any and all claims or causes of action, known or unknown, arising out of Bristol Hypopressive negligence. Do not rely on the information presented as a substitute for professional medical advice, diagnosis, or treatment. If you have health questions, consult with a doctor or other healthcare professional.

CONTRACT SUM

Deposit - £295

Full course fee - £700 (1 month after deposit has been taken)

Payment plan- 2x payments of £350 ( £350 1 month after deposit, 2nd payment £350 2 months after deposit taken)

Your deposit and any course fees paid are non refundable.

Remaining balance will be taken automatically from your card that was used to pay the deposit as detailed above.

By accepting a place on Bristol Hypopressives Teacher Trainer course you commit to paying the course fees on the scheduled dates agreed. All late payments will be subject to a £30 late payment fee.

You cannot graduate or receive certificates from the training course if any money is outstanding.

Any payments made from the date of application are non-refundable under any circumstance.

Upon application to this course you accept responsibility for completing the agreed course fees in their entirety.

By submitting your application you:

● Understand that your deposit is non refundable

● Are committing to paying the course fees in full and on time.

● Agreeing to the automatic payments of fees each month depending on your desired payment plan

● Accepting that all payments made are non-refundable and you are contractually obligated to pay the course fees in full regardless of whether

you decide to complete the training or not

You are welcome to pay the course fees in full or sign up for a payment plan.

Payment Plans

If you choose to pay the £295 deposit, you will be automatically signed up to the payment plan which is available on your application date, using the payment method you provided to pay your deposit.

Your first payment will be taken automatically 1 month after you pay your deposit.

Once agreed to, your payment schedule can only be changed with agreement from Bristol Hypopressives.

The terms of our payment plan are set out below

Long Payment Plan - Available up to 3 months before the course start date

£295 deposit, followed by 2 monthly payments of £350

Total fees - £995

Any discounts/ offers agreed shall be applied.

CANCELLATION POLICY & REFUNDS

Save for a force majeure event, no refund policy shall apply to a purchase of the programme of which Bristol Hypopressives will endeavor to adapt, rearrange, postpone or reschedule the programme and will contact the Client in doing so.

FORCE MAJEURE

For this Agreement, "Force Majeure" means an event which the Company could not have reasonably avoided in the circumstances, which is beyond the control of the Company and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, delays in transit, or omission of telecommunications office or third party supplier of services.

Should such an event occur, then the timescales for delivery of the programme shall be extended until a reasonable time after the event, and under no circumstance shall the Company be liable for any loss or damage suffered by the Client as a result. If the Company is unable to deliver the programme, the Client may terminate this Agreement by giving notice in writing. In the event of such termination, the parties shall agree upon a fair and reasonable pro rata payment for all services provided up to the date of termination.

LIMITATION OF LIABILITY

THE COMPANY SHALL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES (EVEN IF THIS AGREEMENT IS TERMINATED) FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE), WHETHER BASED UPON A CLAIM OR ACTION OF TORT, CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY, CONTRIBUTION, CLASS ACTION, MASS TORT, INDEMNITY OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY’S TOTAL LIABILITY UNDER OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OR FORM OF ACTION, AND WHETHER BEFORE OR AFTER ITS TERMINATION, SHALL NOT EXCEED THE TOTAL OF ALL AMOUNTS PAID TO THE COMPANY BY THE CLIENT HEREIN MINUS ANY AMOUNT PAID TO SUB-CLIENTS.

CONFIDENTIALITY

All non-public, confidential or proprietary information of the Company, disclosed by the Company to the

Client, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as confidential in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by the Company in writing. Upon the Company’s request, the Client shall promptly return all documents and other confidential materials received from the Company. This section does not apply to information that is: (a) in the public domain; (b) known to the Client at the time of disclosure, or (c) rightfully obtained by the Client on a non-confidential basis from a third party. The client acknowledges that any breach or threatened breach of this section will result in irreparable harm to the Company, for which damages would be an inadequate remedy. Therefore, Company shall be entitled to equitable relief, including an injunction, in the event of such breach or threatened breach. Such equitable relief shall be in addition to Company’s rights and remedies otherwise available at law.

INTELLECTUAL PROPERTY

Any intellectual property of the Company shall be the Company’s exclusive property. The Client shall only use the intellectual property subject to the Company’s terms and consent. Where any of the materials provided contain intellectual property belonging to a third party, use of that material will be governed by that third party’s terms, and it shall be the Client’s responsibility to seek consent to use that material, void of any liability on the Company.

Where we process your personal data we shall do so in accordance with the terms of our Privacy Notice which can be found on our website at https://www.bristolhypopressives.com/privacy-notic...

Intellectual Property Ownership

All intellectual property, including but not limited to trademarks, patents, copyrights, designs, proprietary data, software, and any other works of authorship or inventions created or developed by Bristol Hypopressives, its employees, contractors, or affiliates, are the exclusive property of Bristol Hypopressives unless otherwise specified in a separate agreement.

Copyrights

Bristol Hypopressives retains full copyright ownership over all materials it produces, including written content, artwork, graphics, software, audiovisual works, and any other content created or commissioned by Bristol Hypopressives, unless otherwise agreed upon. All rights to these works, including reproduction, distribution, and public display, are reserved to Bristol Hypopressives. Any unauthorized use, reproduction, or distribution of copyrighted works may result in legal action.

Trademarks and Logos

The trademarks, service marks, and logos associated with Bristol Hypopressives, including BH logo and trademarked programme names, are the exclusive property of Bristol Hypopressives. These marks are protected by law and may not be used without prior written permission from Bristol Hypopressives. Unauthorized use of the Bristol Hypopressives logos or trademarks may constitute trademark infringement, and Bristol Hypopressives reserves the right to take legal action to protect its brand and intellectual property.

Licensing and Permissions

Bristol Hypopressives may grant licenses or permissions for the use of its intellectual property under specific conditions. Any requests for such use must be submitted in writing, and approval will be granted at the Bristol Hypopressives discretion. Any approved use must comply with Bristol Hypopressives standards and guidelines, as well as applicable laws.

Limitations of Use

Bristol Hypopressives intellectual property, including its copyrights and logos, may only be used in accordance with the terms set forth Bristol Hypopressives. Any misuse or infringement of these intellectual property rights may result in the termination of the permission to use such property and could lead to legal consequences.

Third-Party Intellectual Property
Bristol Hypopressives may use third-party intellectual property in the course of its operations, including software, images, or other materials. These third-party works are subject to their own copyright and usage restrictions, and the Bristol Hypopressives will adhere to all licensing agreements associated with such works. The Bristol Hypopressives is not responsible for any claims or legal issues arising from the use of third-party IP.
No Transfer of Ownership
Nothing in any agreement or arrangement shall be construed as a transfer of ownership of any intellectual property, copyright, or trademark from the Bristol Hypopressives to any other party, unless explicitly stated. You agree not to download, share or copy any part of the teaching material or videos. You agree not share your password or login details with anyone or give anyone access to the teaching material and videos. Bristol hypopressives reserves the right to terminate all access to the course if you share your login details with any other parties.
Protection of Intellectual Property Rights
Bristol Hypopressives is committed to protecting its intellectual property rights and will take necessary legal action against any infringement or misuse of its IP, including copyright violations, unauthorized use of logos, or trademark infringement.

By using any materials or content associated with Bristol Hypopressives, you agree to comply with these terms and respect Bristol Hypopressives intellectual property rights.

ASSIGNMENT AND DELEGATION

Client shall not transfer or assign this agreement without Company's consent. However, the Company may transfer or assign this agreement or subcontract its obligations hereunder at any time without the Client's consent.

DRAFTING RESPONSIBILITY

Neither party shall be held to a higher standard than the other party in the interpretation or enforcement of this Contract as a whole or any portion hereof based on drafting responsibility.

CHANGES TO THE AGREEMENT

Either Party may request changes to the agreement, but they will only be effective if agreed in writing, and signed by all Parties. If any ambiguity is found in the agreement or various documents forming this agreement, the Parties shall issue any necessary clarification or instruction.

NO WAIVER

A waiver by one party of any right or benefit provided in this Agreement does not infer or permit a further waiver of that right or benefit, nor does it infer or permit a waiver of any other right or benefit provided in this Agreement.

SEVERABILITY

The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.

COUNTERPARTS

This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one instrument.

ENTIRE AGREEMENT

This agreement constitutes the entire agreement between the parties. It supersedes all prior oral or written agreements or understandings between the parties concerning the subject matter of this agreement. All documents annexed to this agreement shall be subject to the terms under this agreement, provided that the Parties append their signatures on the documents. The Parties will exercise the utmost good faith in this agreement.

HEADINGS

The article and section headings in this agreement are for convenience; they form in no part of this agreement and shall not affect its interpretation.

PRONOUNS

All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the person or entity may require. As used in this agreement: words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, and words in the singular shall mean and include the plural and vice versa.

GOVERNING LAW

This Agreement shall be governed in all respects by the laws of the United Kingdom, and its courts without regard to its conflict of law provisions.

AGREEMENT

I understand that by submitting my application I agree to abide by the terms set out in the contract above. I understand that if I break the terms of this agreement then I may not be able to graduate or complete the course, and will not be entitled to any refund.