Leak Free and Lifted 1-TO-1 PROGRAMME
STANDARD TERMS & CONDITIONS
Background
These Standard Terms & Conditions, together with any documents referred to therein, set out the terms on which We will provide Our Leak Free and Lifted one-to-one programme (the Programme) to You. Please read these Standard Terms & Conditions carefully and ensure that You understand them before agreeing to purchase a place on Our Programme. If You do not agree to be bound by these Standard Terms & Conditions, You will not be able to purchase a place on Our Programme.
Hypopressives is a form of physical exercise involving postural holds and specific breathing techniques. Participation in the Programme carries inherent physical risks. Please ensure You have read and understood the health, safety and medical disclaimer provisions set out in Clause 8 below before signing up to the Programme.
1. Definitions and Interpretation
In these Standard Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Account" means an account created by Us through which You may be given access to Programme Materials;
"Agreement" means the agreement between You and Us pursuant to which We shall provide the Programme on the terms set out in these Standard Terms & Conditions;
"Commencement Date" means the date of the Order Confirmation;
"Confidential Information" means information which is confidential in nature or which is or may be commercially sensitive, and which is disclosed as a result of or in connection with Your participation in the Programme. Confidential Information may include (but is not limited to): (1) information of a secret, sensitive or confidential nature which is disclosed by You to Us in the course of the Programme; and (2) information of a secret, sensitive or confidential nature relating to Our business, dealings, affairs, practice, finances, trading, software or know-how, and includes any Programme Materials; and in each case, whether that disclosure is made orally or in writing, and whether or not the information is expressly stated to be confidential or marked as such;
"Consumer" means a "consumer" as defined by the Consumer Rights Act 2015 who purchases a place on the Programme for their personal use and for purposes wholly or mainly outside the purposes of any business;
"Contraindications" means those health conditions and circumstances which may make it inadvisable for You to participate in hypopressives exercises, or in the apnea (breath hold) element of those exercises, as set out in Clause 8.3;
"Data Protection Legislation" means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended; the Data (Use and Access) Act 2025 and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data;
"Fees" means the total fees payable by You to purchase a place on the Programme as specified on Our Site at the time of Your Order;
"Instructor" Lucy Warwick, trading as Bristol Hypopressives or any suitably qualified instructor engaged by Us to deliver the Programme to You;
"Intellectual Property Rights" means: (a) any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and email addresses, unregistered trademarks and service marks, copyrights, database rights, know-how, rights in designs and inventions; (b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a); (c) rights in or in relation to Our Confidential Information; (d) rights of the same or similar effect or nature as or to those in paragraphs (a), (b) and (c) which now or in the future may subsist; and (e) the right to sue for past infringements of any of the foregoing rights;
"Order" means Your order for a place on the Programme;
"Order Confirmation" means Our acceptance and confirmation of Your Order;
"Our Site" means Our website at www.bristolhypopressives.com
"Platform" means any online platform through which We may release any Programme Materials to You from time to time or host online Sessions;
"Programme Materials" means any and all written or recorded materials which We may provide to You or to which You may have access during the Programme;
"Recordings" means any audio or video recordings of sessions made by Us which may be made available to You as part of the Programme Materials;
"Session" means a scheduled 1-to-1 hypopressives session to be provided to You as part of the Programme, whether delivered in person or online;
"Term" shall have the meaning set out in Clause 2.5;
"Us / We / Our" means Bristol Hypopressives 37 South Court Avenue, Dorchester, DT1 2BY
"You / Your" means the person to whom We shall provide the Programme under the Agreement.
2. How the Agreement is Formed
2.1 Our Site will guide You through the process of placing Your Order.
2.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer to purchase a place on the Programme, subject to these Standard Terms & Conditions, which We may in Our sole discretion accept. Only once We have sent You an Order Confirmation will there be a legal, binding Agreement between You and Us.
2.3 If, for any reason, We cannot accept Your Order, then any Fees paid by You will be refunded to You as soon as possible.
2.4 We shall provide the Programme to You on the terms set out in these Standard Terms & Conditions, which are incorporated into the Agreement.
2.5 The Agreement shall come into force on the Commencement Date and shall expire once We have delivered the Programme to You, or 6 months the Commencement Date, whichever is earlier (the Term), unless the Agreement is terminated earlier in accordance with Clauses 12 to 14.
3. The Programme
3.1 A description of the Programme, including the number and duration of Sessions and other inclusions, appears on Our Site.
3.2 We shall make all reasonable efforts to ensure that the general description of the Programme which appears on Our Site corresponds to the actual Programme that will be provided to You. However, We reserve the right to update and/or change the precise nature and contents of the Programme from time to time, at Our sole discretion.
3.3 We shall make the Programme available to You for the Term on the terms set out in these Standard Terms & Conditions. If You choose not to attend some or all of the Sessions or access the Programme Materials, You will not be entitled to any refund of Fees.
3.4 We expect You to satisfy yourself that the Programme will meet Your needs. We do not make any guarantee that You will obtain a particular outcome or result from the Programme. Results depend on a number of factors, including Your commitment to regular practice, Your individual physiology, and other factors outside Our control. Decisions as to whether and how to incorporate the principles covered in the Programme are entirely Your responsibility.
3.5 You understand that any testimonials provided on Our Site and in Our marketing communications do not and are not intended to represent or guarantee that any other recipient of the Programme will receive the same or similar results. Results differ from client to client.
3.6 You understand that the Programme is not intended to be a substitute for medical advice, diagnosis or treatment, and that it is Your responsibility to seek such independent professional advice where necessary. In particular, You must seek medical advice before making any changes to or ceasing to use any prescription medication or course of treatment.
4. 1-to-1 Sessions
4.1 The 1-to-1 Sessions will take place:
4.1.1 either online (via Zoom or similar online platform) or in person at The garden Room Massage Studio/ The family Practice Bristol or such other place as You and We may agree in writing; and
4.1.2 at a time and date mutually agreed by You and Us.
4.2 We will provide You with a booking link or code to enable You to book Your 1-to-1 Sessions. It is Your responsibility to book Sessions in a timely manner to ensure all Sessions can be completed within the Term.
4.3 Times and dates for Sessions are subject to availability. Session slots are offered on a "first-come-first-served" basis. We will not reserve or guarantee any particular time or date for a Session until You book it.
4.4 If You are unable to attend a scheduled Session, You must advise Us not less than 48 hours before that Session.
4.5 Provided You give the 48 hours' notice specified in Clause 4.4, You may reschedule the Session to a mutually agreed date within the Term, without charge.
4.6 If You do not give the 48 hours' notice specified in Clause 4.4, the Session will be forfeited and You shall not be entitled to reschedule it or to any refund in respect of that Session.
4.7 If You arrive late for a Session, the time for the Session will be reduced accordingly. There will be no extension of the Session time or corresponding reduction in the Fees. Late arrivals more than 15 minutes after the allotted Session time may be treated as non-attendance and the Session will be forfeited.
4.8 All Sessions included in the Programme must be completed within the Term. Any Sessions not booked or attended by the end of the Term will be forfeited, and You shall not be entitled to any refund or extension. We recommend completing all Sessions within 6 weeks / 12 weeks of the Commencement Date.
5. Group Sessions and Programme Materials
5.1 If the Programme includes group sessions, this will be specified in the Programme description at the time You place Your Order. Any group sessions will be scheduled at times determined by Us and We will notify You of the dates and times in advance.
5.2 Group sessions cannot be rescheduled at the request of individual participants. If You are unable to attend a group session, You will not be entitled to any refund or alternative session. We may, but are not obliged, to make Recordings of group sessions and to make these available to You.
5.3 You will be granted access to the Programme Materials for the duration specified in the Programme description on Our Site. Where the Programme description provides for "lifetime access" to certain Programme Materials, this means access for as long as We continue to make those materials available on Our Site or Platform, and does not guarantee access in perpetuity.
5.4 Access to any private community groups associated with the Programme is subject to the terms of use of the relevant platform and to Your continued compliance with these Standard Terms & Conditions.
6. Our Obligations
6.1 In providing the Programme to You, We shall act at all times with reasonable skill and care, consistent with prevailing standards in the hypopressives and pelvic health industry in the United Kingdom. If We breach these terms, You may be entitled to a refund under Clause 13.1.
6.2 We shall ensure that any Instructor engaged by Us to provide the Programme to You has the requisite skills, qualifications and experience to provide the Programme.
6.3 We will make every reasonable effort to provide the Programme in a timely manner. In certain circumstances, including (but not limited to) where We encounter a technical issue or an Instructor is unavailable, We may need to postpone the delivery of a Session, and/or Your access to any Programme Materials. We shall use all reasonable endeavours to resolve any such issues. However, We shall not be liable for any delay in the provision of the Programme or access to the Programme Materials due to technical issues or circumstances outside Our control or to any Event Outside Our Control as described in Clause 16.
6.4 Our obligations to You under the Agreement are limited to providing the Programme as described on Our Site. Any request You may make for additional advice or assistance outside the Programme shall not be included in the Fees. If We agree to deal with any additional requests for assistance from You, We may impose an additional charge, which will be agreed with You in advance.
6.5 We undertake that, during the course of the Agreement and after its termination, We will not disclose or use Confidential Information disclosed by You to Us in connection with Your participation in the Programme unless:
6.5.1 You have given Your written consent in advance;
6.5.2 the Confidential Information becomes public knowledge other than by reason of Our unauthorised disclosure;
6.5.3 the Confidential Information is provided to Us by a third party without breach of any obligation to You;
6.5.4 We are required as a matter of law to disclose that Confidential Information; or
6.5.5 as a result of Your disclosure of Confidential Information to Us, We reasonably believe there to be an imminent or likely risk of harm to You or to others.
6.6 For further information on Your rights as a Consumer, please contact Your local Citizens' Advice Bureau or visit www.citizensadvice.org.uk.
7. Your Obligations
7.1 During the Term, You undertake to:
7.1.1 complete the pre-screening form for the Programme fully and accurately;
7.1.2 provide promptly any information requested from You in connection with the Programme, including but not limited to information relating to your medical history and any current conditions;
7.1.3 be open to feedback and assistance;
7.1.4 conduct Yourself in a responsible and courteous manner at all times;
7.1.5 attend Sessions on time;
7.1.6 commit to and participate actively in the Programme and practise the exercises regularly between Sessions, and in accordance with Our instructions and advice; and
7.1.7 comply with all reasonable instructions given by the Instructor during Sessions.
7.2 You must inform Us of any changes to Your health or circumstances that might affect Your participation in the Programme.
7.3 You undertake not to record any Session, by any means, without Our advance permission.
7.4 You may need to create an Account on Our Site or on the Platform to access any Programme Materials We may provide. If We provide You with an Account, You undertake not to share Your Account or Your log-in details with any other person. If You believe that Your Account or Your log-in details are being used without Your permission, You must contact Us immediately at lucy@bristolhypopressives.com
7.5 You understand and acknowledge the importance of Our Confidential Information and Intellectual Property to Our business. You accordingly warrant and undertake to comply at all times with Your obligations in relation to the Confidential Information and Our Intellectual Property Rights as set out in Clauses 9 and 10 below.
7.6 We reserve the right to suspend or terminate Your participation in the Programme and/or Your access to the Programme Materials if You materially breach the provisions of the Agreement. If We suspend or terminate Your participation in the Programme under this Clause 7.6, no refund shall be due to You in respect of the Fees (or any part of them).
8. Health, Safety, Contraindications and Medical Disclaimer
8.1 You acknowledge that engaging in physical activity, including hypopressives exercises, carries inherent risks of injury. You confirm that You are responsible for Your own safety and wellbeing while participating in the Programme. Your participation in the Programme is entirely voluntary, and You assume all risks of injury to Yourself arising from Your participation.
8.2 You will at all times be responsible for Your own health and wellbeing. You must ensure that You are fit and well enough to participate in any Sessions that You book. We strongly recommend that You consult Your doctor or healthcare provider before commencing the Programme, particularly if You have any pre-existing health conditions or concerns. If You have any of the contraindications listed in Clause 8.3, or any other health condition, You must disclose this to Us and obtain medical clearance before participating in the Programme.
8.3 Hypopressives exercises, and in particular the apnea (breath hold) element, are not suitable for everyone. The following are contraindications to performing the hypopressive apnea. If any of the following apply to You, You must not perform the apnea element of hypopressives exercises unless You have received express clearance from Your doctor or healthcare provider:
8.3.1 pregnancy (hypopressives apnea is contraindicated throughout pregnancy);
8.3.2 uncontrolled or unstable high blood pressure (hypertension);
8.3.3 cardiovascular disease, heart conditions, or a history of heart problems;
8.3.4 pulmonary disease, severe respiratory disorders, or COPD;
8.3.5 recent abdominal or pelvic surgery (generally within six weeks, or as advised by Your surgeon);
8.3.6 hernia (including hiatal hernia, inguinal hernia, or abdominal hernia);
8.3.7 active cancer or undergoing cancer treatment;
8.3.8 intestinal or stomach inflammation or acute digestive conditions;
8.3.9 an IUD or intrauterine device (You may perform the apnea only under physician supervision);
8.3.10 recent postpartum (generally within six weeks of giving birth, or as advised by Your healthcare provider); or
8.3.11 any other medical condition that may be adversely affected by changes in blood pressure, breath holding, or physical exertion.
8.4 If You have any of the contraindications listed in Clause 8.3 above, You may still be able to participate in certain elements of the Programme (such as the postural and breathing exercises without the apnea), subject to obtaining medical clearance. We will work with You to adapt the Programme where possible, but We cannot guarantee that the Programme will be suitable for You.
8.5 We and Our Instructor(s) are not medical professionals. We cannot and do not provide medical advice, diagnosis, or clearance. The exercises and information provided as part of the Programme are not a replacement for medical advice. You must not rely on any information provided during the Programme as a substitute for professional medical advice, diagnosis, or treatment.
8.6 By signing up to the Programme and attending any Session, You confirm and warrant that:
8.6.1 You have read, understood, and accept the contents of this Clause 8;
8.6.2 You have consulted with Your doctor or healthcare provider if You have any health conditions or concerns, and have been medically cleared to participate in the Programme;
8.6.3 You do not have any contraindications (as set out in Clause 8.3) or health conditions that would prevent You from participating safely in the Programme, or You have disclosed these to Us and have obtained appropriate medical clearance;
8.6.4 You have no history of any condition that could be worsened by physical activity, or You have disclosed such history to Us and obtained medical clearance;
8.6.5 all information You have provided to Us regarding Your health is complete, accurate, and up-to-date; and
8.6.6 You will inform Us immediately if Your health circumstances change during the Programme.
8.7 If You experience any faintness, dizziness, pain, shortness of breath, nausea, heart palpitations, or any other concerning symptoms during any Session or while practising the exercises, You must stop immediately, inform Us and seek advice from Your healthcare provider before continuing with the Programme.
8.8 Subject to Clause 17.2 (which provides that nothing in the Agreement excludes Our liability for death or personal injury caused by Our negligence), You agree that We shall not be responsible for any injuries or health issues that may arise as a result of Your participation in the Programme where such injuries or health issues result from:
8.8.1 Your failure to disclose relevant health information to Us;
8.8.2 Your failure to obtain medical clearance where required;
8.8.3 Your participation in exercises that are contraindicated for You;
8.8.4 Your failure to follow instructions given by the Instructor during Sessions;
8.8.5 Your failure to stop exercising when experiencing concerning symptoms; or
8.8.6 the inherent risks of physical exercise.
8.9 You must not make any changes to, or cease to use, any prescription medication or course of treatment as a result of participating in the Programme without first consulting Your doctor or healthcare provider.
8.10 You acknowledge and agree that in-person Sessions may involve a certain amount of physical contact between the Instructor and You to ensure proper technique or to provide support.
8.11 If You bring any personal belongings to an in-person Session, We do not undertake to keep them safe or provide any safe storage place for them. Their loss or damage will be at Your own risk.
9. Confidential Information
9.1 As a result of Your participation in the Programme, You may receive Confidential Information (including but not limited to the Programme Materials).
9.2 You undertake that You will, at all times during the continuance of the Agreement and after its termination:
9.2.1 keep confidential all Confidential Information;
9.2.2 not disclose (either directly or indirectly) any Confidential Information to any other person;
9.2.3 not use any Confidential Information other than for the purpose of Your participation in the Programme and subject to the Agreement; and
9.2.4 not make any copies of, record in any way or part with possession of any Confidential Information.
9.3 The obligations contained in this Clause 9 shall survive the Agreement.
10. Intellectual Property
10.1 All Intellectual Property Rights subsisting in Our Site and in any Programme Materials We may provide shall at all times remain Our exclusive property (or the property of Our licensors, as appropriate). Nothing in the Agreement shall vest in You any rights in any Programme Materials or any other material provided by or belonging to Us (or Our licensors, as appropriate).
10.2 If We provide You with access to Programme Materials, We will grant You a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Programme Materials for Your own personal use. The licence granted to You does not give You any rights in the Programme Materials (including any materials that We may licence from third parties).
10.3 You may not, for the term of the Agreement and at any time after its termination:
10.3.1 copy, record, reproduce, modify, rent, sell, publish, republish, sub-licence, post, broadcast, distribute, share or otherwise transmit any Programme Materials (or any part of them) or make Programme Materials (or any part of them) available to any other person;
10.3.2 download any Programme Materials except where We have expressly permitted You to do so;
10.3.3 share Your Account or log-in details with any other person or give anyone else access to any Programme Materials; or
10.3.4 use Programme Materials in the provision of any other programme, course, training or therapy.
10.4 We reserve the right to terminate Your access to any Programme Materials We provide immediately if You breach any of the provisions of this Clause 10.
10.5 If You become aware of any actual or threatened infringement of Our Intellectual Property Rights, You agree to inform Us immediately in writing.
11. Programme Fees
11.1 In consideration for Us providing the Programme to You, You agree to pay the Fees in accordance with this Clause 11.
11.2 The Fees for the Programme shall be payable in one lump sum on entry into the Agreement, or (by agreement with Us) by instalments, in each case via the payment method specified on Our Site.
11.3 If We agree to accept payment of the Fees in instalments, and You default on payment of an instalment, all remaining instalments will immediately become due and payable.
11.4 Any fees charged by Your bank or Your debit or credit card provider in connection with Your payment of the Fees are for Your own account and We shall not be responsible for these.
11.5 You shall be responsible for all costs You incur in connection with Your access to the Programme, the Sessions and any Programme Materials.
11.6 If the Fees are not paid in accordance with this Clause 11, We reserve the right to:
11.6.1 charge interest on any overdue sum at the rate of 4% per annum above the base rate of the Bank of England from time to time. Interest under this Clause 11.6.1 will accrue from the due date for payment until the actual date of payment of the overdue sum, and is payable on demand;
11.6.2 suspend Your access to the Programme until payment of all outstanding Fees (together with any interest charged under Clause 11.6.1 above) is made in full; and/or
11.6.3 terminate the Agreement, in accordance with Clause 14.1.
11.7 We make all reasonable efforts to ensure that the Fees shown on Our Site are correct at the time of going online. We reserve the right to change the Fees and to add, alter or remove special offers from time to time and as necessary. Changes in the Fees will not affect You if You have already entered into the Agreement.
12. Legal Right to Cancel and Cooling Off
12.1 If You are a Consumer in the UK or the EU, You have the legal right to a "cooling off" period during which You can cancel the Agreement for any reason and obtain a refund. This "cooling off" period begins on the day after the date on which You enter into the Agreement, and ends (a) when You access, download or stream any Programme Materials; or (b) provided You have not accessed, downloaded or streamed any Programme Materials, 14 calendar days from the day after the date on which You enter into the Agreement (the Cooling Off Period).
12.2 The Cooling Off Period does not apply if You enter into the Agreement wholly or mainly for the purpose of Your business.
12.3 If You purchase a place on the Programme by mistake, please inform Us as soon as possible and do not attempt to access any Programme Materials. Provided You have not accessed any Programme Materials since the Commencement Date, You may exercise Your right to cancel referred to in Clause 12.1 and You will receive a refund of Fees paid. If You have accessed the Programme Materials, We will not be able to offer a refund and You will continue to have access to the Programme for the remainder of the Term.
12.4 If You wish to exercise Your right to cancel under Clause 12.1, You must inform Us of Your decision within the Cooling Off Period. You may inform Us in any way You wish. For Your convenience, a sample cancellation notice is included in the Schedule to these Standard Terms & Conditions. If You cancel by email, Your cancellation is effective from the date on which You send Your cancellation. Any cancellation notice should be sent to Us by email at lucy@bristolhypopressives.com
12.5 If You attend one or more Sessions during the Cooling Off Period, and then subsequently cancel the Agreement during the Cooling Off Period, and have not accessed or downloaded any Programme Materials, You will be required to pay the Fees representing the reasonable value of the Sessions You have attended, as determined by Us. The balance of any Fees that have been paid by You will be refunded to You within 14 days of Your notice of cancellation. If You have accessed or downloaded any Programme Materials, You will not be entitled to a refund.
12.6 Any refunds made under this Clause 12 will be made using the same payment method You used when paying the Fees.
13. Cancellation by You after the Cooling Off Period
13.1 You may cancel the Agreement outside the Cooling Off Period referred to in Clause 12.1 immediately if We have committed a material breach of the Agreement, You have given Us written notice of that breach, and We have failed to remedy the said breach within fourteen (14) days of Your notice.
13.2 If You wish to cancel the Agreement in accordance with Clause 13.1:
13.2.1 You must inform Us by email at lucy@bristolhypopressives.com and
13.2.2 provided You are able to show that You are entitled to cancel the Agreement under Clause 13.1, We shall refund You for any Fees paid for any part of the Programme that You have not yet received, as at the date of Your cancellation.
13.3 Any refunds made under Clause 13.2 will be made using the same payment method You used when paying the Fees.
13.4 Subject to Clause 13.1 above, once the Cooling Off Period has expired, You may cancel the Agreement if You wish. However, You will continue to be liable for the Fees (or any part of them) due under the Agreement for the remainder of the Term and You shall not be entitled to a refund.
14. Our Right to Terminate the Agreement
14.1 We shall have the right to terminate the Agreement immediately if:
14.1.1 You breach any of the terms of the Agreement including but not limited to: Your obligations as set out in Clause 7; Your obligation to pay the Fees in full and on time (Clause 11); Your obligations in respect of the Confidential Information (Clause 9) and Our Intellectual Property (Clause 10);
14.1.2 You repeatedly fail to attend Sessions and/or repeatedly cancel or reschedule those Sessions;
14.1.3 You engage in verbal abuse, harassment, threats, offensive language, discrimination or any other conduct that disrupts or may limit Our ability to provide the Programme; or
14.1.4 You have in Our reasonable opinion acted in such a way as might affect Our goodwill or reputation.
14.2 If We terminate the Agreement under Clause 14.1:
14.2.1 any outstanding Fees shall immediately become due and payable by You; and
14.2.2 You shall not be entitled to any refund of the Fees (in whole or in part).
14.3 We shall have the right to terminate the Agreement if an Event Outside Our Control occurs that continues for more than 60 days, or if We are unable to provide or continue to provide the Programme due to the non-availability of the Instructor and/or materials, or for technical reasons.
14.4 We shall have the right to terminate the Agreement, at any time and for any reason, on 14 days’ written notice.
14.5 If We terminate the Agreement under Clause 14.3 or 14.4, You shall only be required to pay the Fees for that part of the Programme that We have already provided as at the date of termination. This sum will be deducted from any refund of Fees due to You. Any refunds made under this Clause 14.5 will be made using the same payment method You used when paying the Fees.
15. Effects of Cancellation or Termination
15.1 Upon cancellation, termination or expiry of the Agreement:
15.1.1 any outstanding Fees due from You to Us under the Agreement shall become immediately due and payable;
15.1.2 the licence referred to in Clause 10.2 shall terminate (unless the Programme includes lifetime access to Programme Materials and the termination was not due to Your breach);
15.1.3 You will cease to have access to the Sessions;
15.1.4 You undertake (if We so request) to destroy any soft or hard copies of the Programme Materials that are in Your possession, custody or control, and to confirm to Us in writing that You have done so;
15.1.5 all clauses of the Agreement which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;
15.1.6 termination or cancellation shall not affect any remedy which the terminating party may have in respect of the event giving rise to the termination or cancellation or in respect of any breach of the Agreement which existed at or before the date of termination; and
15.1.7 subject as provided in this Clause 15, and except in respect of any accrued rights, neither party shall be under any further obligation to the other.
16. Events Outside Our Control
We shall not be liable for any failure or delay in performing Our obligations under the Agreement where that failure or delay arises from a cause or event that is beyond Our control. Such causes or events may include, but are not limited to: power failure, internet service provider failure, service interruptions, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic, or other natural disaster or any other event that is beyond Our reasonable control.
17. Our Liability
17.1 Subject to the remainder of this Clause 17, We will be responsible for any foreseeable loss and damage that You may suffer as a result of Our breach of the Agreement or Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence, or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss and damage that is not foreseeable.
17.2 Nothing in the Agreement seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited by English law.
17.3 We make reasonable efforts to ensure that any Programme Materials We provide are accurate, complete and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) in this regard. We are under no obligation to update the Programme Materials after they are provided to You.
17.4 The Programme and any Programme Materials are intended for non-commercial use only. Accordingly, We shall not be liable in respect of any loss of profit, loss of business, interruption to business, loss of business opportunity, loss of goodwill or reputation or any indirect, special or consequential loss or damages.
17.5 We (and the Instructors engaged by Us) are not acting in the capacity of doctor, physiotherapist, or other licensed or registered medical professional, and any guidance given by Us is not intended to take the place of medical advice. We do not prescribe or provide medical services, or diagnose, treat or cure any disease, condition or other physical or mental ailment.
17.6 Our total liability to You in respect of any claims arising out of or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total Fees paid by You to Us under the Agreement.
17.7 For online Sessions, We do not guarantee that those Sessions will be uninterrupted or error free. We shall not be liable for any technical issues that could disrupt service delivery, such as internet disruptions or software compatibility issues, which are beyond Our control.
17.8 The provisions of this Clause 17 shall survive the termination or expiry of the Agreement.
18. Data Protection
18.1 All personal information that You and We may use shall be collected, processed and held in accordance with the provisions of the Data Protection Legislation and the data subjects' rights (including the rights of the parties to the Agreement) under the Data Protection Legislation.
18.2 For complete details of Our collection, processing, storage, and retention of 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 the Privacy Notice which is available on request or on Our Site.
18.3 By entering into the Agreement, You consent to Us holding, processing and accessing Your personal and special category or sensitive personal data (including health and medical information) for all purposes relating to provision of the Programme under the Agreement, in accordance with Our Privacy Notice and this Clause 18.
19. Testimonials and Reviews
19.1 We are always pleased to receive testimonials and reviews from clients who have had positive experiences of Our Programmes (Reviews). We may use any Reviews You provide on Our website, social media pages, advertising, marketing campaigns or email communications in order to promote Our business. We will always seek Your consent before using Your name in conjunction with any Review, and if You do not consent to Us using Your name then Your Review will be anonymised.
19.2 You can withdraw Your consent at any time by emailing Us at lucy@bristolhypopressives.com .
20. Contacting Us
20.1 If You wish to contact Us with general questions, or to serve any notice under the Agreement, You may contact Us by email at lucy@bristolhypopressives.com
20.2 We always welcome feedback from Our clients, and will use all reasonable endeavours to ensure that Your experience of the Programme is a positive one. If You do have any complaint or issues with the Programme or services provided by Us, please contact Us as soon as possible at lucy@bristolhypopressives.com. We will work collaboratively with You to resolve any such issues in a constructive way.
21. No Waiver
No failure or delay by Us in exercising any of Our rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by Us of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
22. Assignment, Subcontracting and Third Party Rights
22.1 We may transfer (assign) Our rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to a third party who will be bound by them.
22.2 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission.
22.3 We shall be entitled to perform any of Our obligations under the Agreement through suitably qualified and skilled sub-contractors.
22.4 The Agreement is between You and Us. No part of the Agreement is intended to benefit or confer rights on any other person, and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
22.5 Subject to the above provisions of this Clause 22, the Agreement shall continue and be binding on Your and/or Our transferee, successors and assigns, as required.
23. Severance
In the event that one or more of the provisions of the Agreement is found to be unlawful, invalid or otherwise unenforceable, that/those provision(s) shall be deemed severed from the remainder of the Agreement. The remainder of the Agreement shall be valid and enforceable.
24. Entire Agreement
24.1 The Agreement contains the entire agreement between You and Us with respect to its subject matter and supersedes and extinguishes all previous agreements, assurances, warranties, representations and understandings between You and Us with respect to its subject matter.
24.2 You and We acknowledge that, in entering into the Agreement, You and We do not rely on any representation, warranty, assurance or other provision (made innocently or negligently) except as expressly provided in the Agreement, and shall have no remedies in respect thereof.
25. Amendments to these Standard Terms & Conditions
We may revise these Standard Terms & Conditions from time to time. If We make changes to these Standard Terms & Conditions which will materially affect Your rights or obligations under the Agreement, We will give You written notice of the changes before they take effect, and provide details of how to cancel if You do not agree with them.
26. Governing Law and Jurisdiction
26.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
26.2 As a Consumer, any dispute, controversy or claim arising out of or in connection with the Agreement shall be subject to the exclusive jurisdiction of the courts of England & Wales, Scotland or Northern Ireland as determined by Your residency.
SCHEDULE
MODEL CANCELLATION FORM
To: Bristol Hypopressives 37 South court Avenue, Dorchester, DT1 2BY lucy@bristolhypopressives.com
I hereby give notice that I wish to cancel the Programme Agreement between us dated [insert date] (the Agreement).
I understand that if I have requested and received access to the Programme during the 14 day "cooling off" period and then cancel the Agreement during the "cooling off" period, I will be required to pay for that part of the Programme and any related services that have been provided to me at the point of cancellation.
Name of consumer: ___________________________________
Address of consumer: ___________________________________
Signature of consumer: ___________________________________
Date: ___________________________________