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.

1.TERM

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

2.SERVICES

The Company shall provide yoga and hypopressives coach services (6 or 12 week Leak Free and Lifted programme/ Leak Free and Lifted Together Programme) to the Client professionally, per industry standards, and the terms herein agreed upon while the Client agrees to pay for the services when the payment falls due. The services will be offered on Monday – Friday from 9am-12pm with an expected waiting time of 24 hours.

Leak Free and Lifted 6-week Programme (£550 or £600 payment plan)

1 x 75-minute 1.1 session in person or online.

5 x 60 minutes 1.1 sessions in person or online
Monthly live Q&A sessions recorded and shared with the Client (no session will run if no one has submitted any questions)
Private Facebook accountability community
Lifetime access to the recorded content of the 12-week programme

Leak Free and Lifted 12 Week Programme (£900 or £999 payment plan)

1 x 75-minute 1.1 session in person or online.
5 x 60 minutes 1.1 sessions in person or online
Monthly live Q&A sessions recorded and shared with the Client (no session will run if no one has submitted any questions)
Private Facebook accountability community
Lifetime access to the recorded content of the 12-week programme

1 x 75-minute 1.1 session in person or online
5 x 60 minutes 1.1 sessions in person or online
6 x 30–45 minute 1.1 sessions online (weeks 7-12)
Monthly live Q&A sessions recorded and shared with the Client (no session will run if no one has submitted any questions).
Voxer support during specific times of the day
6 x 60-minute Yoga and Hypopressives classes to be taken in the second 6-week period
6x 30-minute classes to be taken in the second 6-week period
Private Facebook accountability community
Lifetime access to the recorded content of the 12-week programme

Leak Free and Lifted Together - 12 Week Group Programme (£500 or £550 payment plan)

3x 1.1 session in person or online (30 minutes): first session must be booked within the first week, remaining sessions to be taken 1st week of the following month.
11 x 60 minutes group sessions – times to be decided before programme commences/ recordings available for missed sessions
Group voxer support during specific times of the day
6 x 60-minute Yoga and Hypopressives classes to be taken in the second 6-week period
6x 30-minute classes to be taken in the second 6-week period
Private Facebook accountability community
Lifetime access to the recorded content of the 12-week programme

We will confirm the date and time of each Session by email and you will be added to each online group session and receive a booking confirmation. it is your responsibility to book 1.1 sessions yourself using your code and the link provided when purchasing the package.

You accept and understand that since the Sessions, Events and Activities are group sessions, in the event you are unable to attend a Session or where you fail to attend a Session, then you shall simply forfeit the right to that Session. Sessions will not be rescheduled if you are unable to attend.

Should you have any concerns whatsoever in relation to our delivery of this Programme or any of the services, then you agree to provide us with details by email as soon as possible. We agree to use our reasonable efforts to work with you to resolve any concerns you may have.

You agree that any information you provide to us is true, correct, up to date and complete.

You agree that all information that we disclose to you as part of the Programme remains our intellectual property and you agree to comply with our rights in connection with the information, materials and resources we provide to you.

You accept and acknowledge that the Programme is a group programme and that the Sessions are group sessions hosted by us. You agree that at all times during Sessions you will conduct yourself in a reasonable and responsible manner and will refrain from acting in a manner which may cause offence, distress or alarm to any other member of the Group (“Group Member”) or any other individual who is a member of any of our affiliated networks and/or groups which you may have access to.

In the event you do act in a way which is disruptive, or which causes offence, distress or alarm, to any other Group Member then you will be excluded from the Session / asked to leave the Event or Session and removed from any or all of the supporting online platforms in place for the Programme. Following such removal and exclusion, we shall arrange a meeting with you to discuss the matter and to determine whether you shall be removed and/or excluded permanently from the Programme. Any such decision will be at our absolute discretion.

You accept and understand that, once signed, this Agreement can only be cancelled or terminated in accordance with the relevant provisions contained within this Agreement and that refunds only apply as set out in Clause 5.

You accept and understand that participation in the Programme does not guarantee results or success. As part of the Programme you will have access to information, resources and support all designed to benefit and support you but it is your responsibility to take action and to implement the necessary information received and/or skills or tools shared.

You accept and understand that any materials and information provided during the course of the Programme and delivery of the Services is for general information purposes only and does not constitute legal or financial advice.

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.

3.DISCLAIMERS

Participation in the sessions or activities is not compulsory, but attendance and participation is strongly advised to benefit fully from the Programme. Practising for 5 to 6 times a week for at least 10 minutes a day would yield maximum benefits.

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 Programme Itinerary or any part of the programme void of any liability to the Client.

Confirmation of the date and time of each 1.1 Session will be by email

Efforts to accurately represent the programme and the services have been made. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that the Client will achieve the same or similar results. Individual success depends on many factors.

4.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.

5.CONTRACT SUM

For the services rendered, the Client shall pay the Company the contract sum and at the intervals provided herein on a monthly basis.

The fee for the 6-Week programme is £550 or £600 payment plan.

The fee for the 12-week programme is £900 in full or £333 payment plan.

The fee for the 12 week group programme is £550 in full or £555 payment plan. Payment of the fees shall be made via the payment options provided on the booking link.

The second payment will be exactly a month after the first, and so on until complete. Unless payment has been made in full.

12-week programme fee: Where payment of the Fee is to be made by in 3 instalments; the first payment of £333 shall be due upon booking, the second Payment of £333 shall be due 1 month after booking, and the third payment of £333 shall be due 2 months after booking.

6 Week programme; The first payment of £275 shall be due upon booking while the second payment of £275 shall be due 1 month after booking.

12-week group programme fee: Where payment of the Fee is to be made by in 3 instalments; the first payment of £185 shall be due upon booking, the second Payment of £185 shall be due 1 month after booking, and the third payment of £185 shall be due 2 months after booking.

Any discounts/ offers agreed shall be applied.

6.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.

7.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.

8.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.

9.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.

10.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.

11.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.

12.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.

13.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.

14.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.

15.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.

16.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.

17.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.

18.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.

19.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.

20.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.