PAYMENTS AND REFUNDS
The Program Participant understands that the obligation to pay the full amount is a significant part of the motivation underlying the program. It is designed to enhance the likelihood that he/she will be motivated to complete and thereby gain the full benefit of the Program.
The payment for the Program is not refundable.
If you have/ have ever been diagnosed with the following/ or have the following in your family medical history please seek medical advice and get the all clear from your doctor before starting an health or exercise programme
- heart trouble or coronary disease
- pains in your chest
- high blood pressure
- high cholesterol
- joint or back pain
- Pre and Post natal
If you state YES
to any of the below questions please seek medical advice and get the all clear from your doctor before starting/continuing with an exercises regime.
- If pregnant, have you experienced any complications?
- If pregnant, have you experienced any complications during past pregnancies?
- If postnatal, did you experience any complications during delivery?
- If postnatal, are you breastfeeding?
If you state NO
to any of the below questions please seek medical advice and get the all clear from your doctor before starting/continuing with an exercises regime.
- If pregnant, does your doctor know that you are pregnant?
- If pregnant, Have you recently had a check up?
- If pregnant, Does you doctor know that you are exercising?
- If pregnant, were you exercising regularly before you conceived?
- If post natal, have you attended a post natal check up?
- If postnatal, does your health care team know that you are exercising?
- Did you exercise during pregnancy?
IMPORTANT QUESTIONS AND IF YOU ANSWER YES TO ANY OF THE FOLLOWING YOU MUST SEEK MEDICAL ADVICE BEFORE STARTING/CONTINUING TO EXERCISE.
Have you ever suffered or do you currently suffer with the following?
- pregnancy induced hypertension
- pre term labour
- bleeding in 2nd of 3rd trimester
- placenta praevia
- abdominal pain
- severe aneamia
- incompetent cervix
- poor general health
I agree to the best of my knowledge that it is safe for me to partake in an exercise regime. I understand the risks associated with exercise and if anything changes in regards to my answers to the above health and fitness terms I will seek medical advice from my doctor before continuing with any exercise. I accept full responsibility for any injury or harm that comes to myself whilst performing any of the exercises whilst training with Samala.
ONLINE TRAINING DISCLAIMER
Please read this disclaimer carefully before participating in the online coaching programs or using any exercise programs and videos made available through the Samala Health Coaching Website.
You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage 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 Samala from any and all claims or causes of action, known or unknown, arising out of Samala’s negligence.
DISCLAIMER OF HEALTH CARE RELATED SERVICES
The Coach encourages the Program Participant to visit his/her physician before beginning the Program, and to continue to visit and be treated by his/her healthcare professionals, including, without limitation, his/her physician, during the Program. The Program Participant understands that the Coach is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist, or other licensed or registered professional. Samala Bygraves is a certified personal trainer, Women’s Health coach and sports massage therapist.
Accordingly, the Program Participant understands that the Coach is not providing health care, medical or dietician services and will not diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body.
The Program Participant has chosen to work with the Coach after considering the information provided regarding the Program given and that the information received should not be seen as medical or nursing advice.
Moreover, the Program, and the information provided to the Program Participant during the Program are certainly not meant to take the place of Program Participant seeing and/or consulting with his/her licensed health care professionals before, during, and after the Program.
PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS
The Program Participant acknowledges that the Program Participant takes full responsibility for the Program Participant’s life and wellbeing, and all decisions made before, during and after this Program. The Coach makes no warranty or representation about whether the Program is suitable or appropriate for the Program Participant, and there is no guarantee that the Program Participant will obtain any particular result. The Program Participant expressly assumes the risks of the Program, whether such risks were created or exacerbated by the Coach and whether or not such risks were known or unknown at the time of participation. To the fullest extent permitted by UK Law, the Program Participant releases the Coach, her heirs, executors, administrators and assigns (collectively the Releasees) from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which against the Releasees, the Program Participant ever had, now has or will have arising from the Program Participant’s past, present or future participation in the Program, or otherwise with respect to the Program, unless arising from the gross negligence of the Releasees.
The Program Participant acknowledges the Coach will keep all information exchanged during the
program sessions in strict confidence. Additionally, the Program Participant is aware that the Coach is prohibited from disclosing any protected healthcare information that may be disclosed to the Coach, except under written authorization by the Program Participant or in response to a duly authorized Court order.
Session will take place over ZOOM and are only accessible by paying clients with the allocated links. Sessions will not be recorded, and clients do not have to have their video switched on when in session.
This agreement represents the entire agreement between the Coach and the Program Participant. It is entered into without reliance on any promise or representation, whether oral or written, other than those expressly contained herein and supersedes any other such promises or representations. By purchasing this program you are agreeing to the terms stated.
By doing so, the Program Participant acknowledges that: (1) he/she has read the terms (2) he/ she has had an opportunity to discuss the contents with the Coach and, if desired, to have it reviewed by an attorney; and (3) the Program Participant understands, accepts and agrees to abide by the terms hereof.
We are committed to protecting and respecting your data and privacy.
We collect, use and are responsible for certain personal information about you. When we do so we are subject to the General Data Protection Regulation, which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.
It would be helpful to start by explaining some key terms used in this policy:
We, us, our Samala Bygraves
Personal information Any information relating to an identified or identifiable individual
Personal information we collect about you
We may collect and use the following personal information about you:
- your name and contact information, including email address, postal address and telephone number
- Information to enable us to check and verify your identity, eg your date of birth
- your gender information
- your contact history and purchase history
- information from accounts you link to us, eg Facebook
- Information about how you use our website, IT and communication
- Health information, including medical issues and concerns.
This personal information is required to provide products and services to you. If you do not provide personal information we ask for, it may delay or prevent us from providing products and services to you.
How your personal information is collected:
We collect most of this personal information directly from you—in person, by telephone, text or email and/or via our website and apps. However, we may also collect information: from a third party with your consent, eg physiotherapist or other medical person.
from cookies on our website via our IT systems, eg automated monitoring of our websites and other technical systems, such as our computer networks and connections, communications systems, email and instant messaging systems.
How and why we use your personal information:
Under data protection law, we can only use your personal information if we have a proper reason for doing so, eg: to comply with our legal and regulatory obligations; for the performance of our contract with you or to take steps at your request before entering into a contract; for our legitimate interests or those of a third party; or where you have given consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
Below explains what we use (process) your personal information for and our reasons for doing so:
What we use your personal information for and our reasons:
To provide products and services to you- For the performance of our contract with you to provide online and face to face personal training and courses.
Conducting checks to identify our customers and verify their identity. Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, eg under health and safety regulation or rules issued by our professional regulator-To comply with our legal and regulatory obligations-
Ensuring business policies are adhered to, eg policies covering security and internet use- For our legitimate interests or those of a third party, ie to make sure we are following our own internal procedures so we can deliver the best service to you
Operational reasons, such as improving efficiency, training and quality control- For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price
Statistical analysis to help us manage our business, eg in relation to our financial performance, customer base, product range or other efficiency measures- For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price
Preventing unauthorised access and modifications to systems- For our legitimate interests or those of a third party, ie to prevent and detect criminal activity that could be damaging for us and for you- To comply with our legal and regulatory obligations
Updating and enhancing customer records-For the performance of our contract with you or to take steps at your request before entering into a contract- To comply with our legal and regulatory obligations- For our legitimate interests or those of a third party, eg making sure that we can keep in touch with our customers about existing orders and new products
Ensuring safe working practices, staff administration and assessments- To comply with our legal and regulatory obligations- For our legitimate interests or those of a third party, eg to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you.
Marketing our services and those of selected third parties to:
—existing and former customers;
—third parties who have previously expressed an interest in our services;
—third parties with whom we have had no previous dealings.-For our legitimate interests or those of a third party, ie to promote our business to existing and former customers
External audits and quality checks, eg the audit of our accounts- For our legitimate interests or a those of a third party, ie to maintain our accreditations so we can demonstrate we operate at the highest standards- To comply with our legal and regulatory obligations
We may use your personal information to send you updates (by email) about our products and services, including exclusive offers, promotions or new products and services.
We have a legitimate interest in processing your personal information for promotional purposes (see above ‘How and why we use your personal information’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your personal information with the utmost respect and never sell it to other organisations .
You have the right to opt out of receiving promotional communications at any time by contacting me at email@example.com
We may ask you to confirm or update your marketing preferences if you instruct us to provide further products and services in the future, or if there are changes in the law, regulation, or the structure of our business.
Who we share your personal information with:
We routinely share personal information with: third parties we use to help deliver our products and services to you, eg accounting service providers; other third parties we use to help us run our business, eg marketing agencies or website hosts; form providers third parties approved by you, eg social media sites you choose to link your account to or third party payment providers;
our insurers and brokers;
We only allow our service providers to handle your personal information if we are satisfied, they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you. We may also share personal information with external auditors.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
Where your personal information is held:
Information is held securely by myself and those of our third party agencies, service providers, representatives and agents as described above (see above: ‘Who we share your personal information with’).
How long your personal information will be kept:
Your personal information will be kept while you have an account with me or while I am providing products or services to you. Thereafter, I will keep your personal information for as long as is necessary:
to respond to any questions, complaints or claims made by you or on your behalf;
to show that we treated you fairly;
to keep records required by law.
We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information.
You have the following rights, which you can exercise free of charge:
Access-The right to be provided with a copy of your personal information (the right of access)
Rectification-The right to require us to correct any mistakes in your personal information
To be forgotten-The right to require us to delete your personal information—in certain situations
Restriction of processing-The right to require us to restrict processing of your personal information—in certain circumstances, eg if you contest the accuracy of the data
Data portability-The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
To object-The right to object:
—at any time to your personal information being processed for direct marketing (including profiling);
—in certain other situations to our continued processing of your personal information, eg processing carried out for the purpose of our legitimate interests.
Not to be subject to automated individual decision-making- The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you
For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please: email, call or write to see below: ‘How to contact us’; and let us have enough information to identify you (eg your full name, address and customer or matter reference number); let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and let us know what right you want to exercise and the information to which your request relates.
Keeping your personal information secure
We have appropriate security measures to prevent personal information from being accidentally lost, or used or accessed unlawfully. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
How to complain
We hope that we can resolve any query or concern you may raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns
or telephone: 0303 123 1113.
This privacy notice was published on 23rd May 2018 and last updated on 26TH
We may change this privacy notice from time to time—when we do we will inform you via email.
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