Terms and Conditions of Service
All participants must be aware of this and accept the risks associated with these activities. Personal Accident and Cancellation Insurance is highly recommended.
1) Interpretation and Definitions
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
“Booking” a Booking made by the client with Get Over Yourself Get Fitter (GOYGF)s“Contract” the contract between the Client and GOYGF under which the Services are to be provided by GOYGF to the Client
“Client” the person, form or company who makes a Booking with GOYGF All individuals to whom the Services are provided by GOYGF must be at least 18 years of age.
“Deposit” an amount equal to £125 for UK Retreats and £500 for Marrakesh Retreats.
“Fee” the total cost of GOYGF holiday.
“Force Majeure” any act, event, omission or accident beyond GOYGF reasonable control including but not limited to Act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, adverse weather, default of suppliers or subcontractors, strikes, lock-outs or other industrial disputes, failure of utility service or transport network.
“Major Change” a change in the date, location or over 80% of the content of the Services
“Recordings” photographs, videos or any other visual recordings taken of the Clients during the provision of the Services.
“Services” the services provided by GOYGF to the Client under the terms of the Contract and “Service” shall be construed accordingly.
Wording importing the singular meaning shall include the plural meaning and vice versa.
All wording within the booking conditions is generalised and reference to any gender includes the other genders.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
A contract for the activity and / or service is made between GOYGF and the Client on the issue of confirmation of booking by GOYGF.
The Contract is subject to these booking conditions which the Client has been deemed to have read and fully understood. These booking conditions can only be varied by written agreement between GOYGF and the client.
No verbal representations made by GOYGF shall be relied upon by the Client.
To place a booking, GOYGF require a £125 deposit fee for UK retreats and a £500 deposit fee for Marrakesh retreats. All bookings are provisional and are only confirmed once the deposit has cleared in GOYGF’s bank.
GOYGF reserves the right to decline any booking at their discretion.
4) Fee and Payment Terms
The fee payable at the time of booking shall include the planning, organising and delivery of the proposed activity and /or service.
Once the Deposit has been paid by the Client and cleared, a contract is formed for the agreed programme to be delivered. If the Client wishes to alter any aspect of the programme additional reasonable costs may be levied by GOYGF at their discretion.
The balance of the fee is payable 12 weeks before commencement of the course unless agreed otherwise on confirmation of booking. In the event the balance is not paid GOYGF will have the discretion to treat the booking as cancelled by the client and re-sell the course place.
The whole course fee is required to secure a place for any booking made within eight weeks of the commencement of the course.
5) Responsibilities of the Client
In regard to the Marrakesh Retreat the Fee includes return transfers to and from Marrakesh Airport to the Retreat venue.
The Fee does not include travel to and from the site / location at which the proposed activity and / or service shall be provided and this shall be the sole responsibility of the Client unless otherwise agreed in writing by GOYGF.
The Client is responsible for their own personal medical requirements, clothing and footwear for the duration of the activity and / or service unless otherwise agreed in writing with GOYGF.
It is the Client’s responsibility to inform GOYGF in writing of any health issues that may make them unsuitable to participate in the activity and or service agreed. Failure to disclose any serious illness, injury or high dose of medication will allow GOYGF to reserve the right to refuse the client to partake in strenuous exercise. Such information may result in GOYGF terminating the Contract and withdrawing the Client from the activity and / or services without refund, notwithstanding condition 8.
6) Variations and amendments
GOYGF reserves the right to change any price or other particulars of the Services before the contract becomes binding.
If there is a “Major Change” GOYGF shall notify the Client forthwith.GOYGF shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances, an alternative date, or a full refund.
If there is any other change other than a “Major Change” GOYGF is not obliged to inform the Client in advance or obliged to pay any compensation.
7) Cancellations by the Client
If the client wishes to cancel the Contract they must advise GOYGF in writing. GOYGF reserve the right to move the week to an alternative date. The deposit is non-refundable. If a booking is cancelled less than 12 weeks prior to the retreat date, 100% fee is kept unless GOYGF are able to resell the booking under which circumstances the fee will be refunded less £150 to cover resale costs.
8) Cancellations by GOYGF
GOYGF will always endeavour to fulfil confirmed bookings however do reserve the right to cancel. If GOYGF cancels a booking prior to the commencement of the activity and / or services the Client will be offered an alternative date, or a full refund.
The Contract maybe assigned by the Client to a third party subject at all times to condition 2.
The client is unable to assign or transfer the Contract to a third party without the prior written consent of GOYGF. If the client wishes to assign their contract, he or she must give notice in writing providing the full name and address and contact details of the third party. GOYGF shall then advise in writing as to whether it consents to the assignment as soon as is reasonably practicable.GOYGF reserves the right to refuse an assignment to a third party at any time without reason. If subsequently a client has to cancel due to GOYGF refusing the assignment to a third party then the cancellation charges in condition 7 shall apply.
GOYGF may assign or sub-contract to any third party the performance of any of its obligations under the Contract without consent of the client.
GOYGF reserves the right to alter the content of the Services at any time without notice to the Client due to certain factors including but not limited to the weather and physical fitness of the client.
Any information on our Services published by GOYGF for its literature and website is designed for illustrative purposes.
If the Client elects not to participate in any part of the Services being provided, GOYGF has no obligation to provide an alternative activity or service and the Client will not be entitled to a refund.
If GOYGF believes a Clients health or safety is at risk or a Client has failed to disclose any relevant health information in accordance with condition 3, GOYGF may at its absolute discretion make decisions affecting the Client and where necessary may terminate the Contract immediately without refund.
The client must refrain from any illegal act or any conduct which may give offence or cause danger or damage to any person. If GOYGF or any of its staff, consultants or agents, become aware of any such action, then GOYGF or any of its suppliers may at their absolute discretion have the Client immediately extracted from any property or facility without refund. GOYGF will have no liability to the Client in such circumstances.
If there is a problem during the Services, the Client must report it in the first instance to the GOYGF course manager or instructor. If it is still unresolved then the issue should be reported immediately to a Director of GOYGF, so that all efforts can be made to resolve the problem promptly and effectively. In the unlikely event that the problem cannot be resolved and the Client wishes to make a complaint then the Client must notify GOYGF in writing giving full details within 28 days of the end of the Services. Failure to service notice of the complaint in accordance with the above will preclude the Client from being entitled to take any further action against GOYGF.
None of the exclusions and limitations in these conditions are intended to limit any rights the Client may have under statute or common law which may not be excluded; nor in any way to exclude or limit liability to you for personal injury or death resulting from GOYGF’s negligence or that of its employees or agents; or for any liability incurred as a result of fraud or fraudulent misrepresentation by GOYGF.
The Client understands that attending any activity or service provided by GOYGF involves some level of risk. These risks include but are not limited to physical injury or even death. By attending any activity or service provided by GOYGF the Client agrees to assume these risks and agrees to release and discharge GOYGF and its directors, employees and agents from any and all claims for liability.
Neither GOYGF nor any of its directors, employees or agents will be liable for any loss or damage to any personal property or vehicle belonging to the Client during the course of their stay at the GOYGF villa/holiday.
GOYGF reserve the right to take any recordings of the Client during the activity and /or services and the Client accepts that all rights whatsoever arising in the recordings shall by solely owned by GOYGF.
The Client accepts and agrees that any recordings may be used by GOYGF at its absolute discretion in any manner including but not limited to its website, promotional material and advertisements.
GOYGF reserves all copyright which may subsist in the products of, or in connection with, the provision of all activities, services or facilities. GOYGF reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
15) Law and Jurisdiction
These terms and conditions shall be governed and construed in accordance with English and Welsh law and the parties shall submit to the non- exclusive jurisdiction of the English and Welsh courts.
You understand it is solely your responsibility to warm up and cool down before every exercise session. It is also your responsibility to stretch after each session.
You understand that not doing this can increase the risk of injury.
You understand that the reaction of the heart, lung, blood vessels as well as other systems to exercise cannot always be predicted with accuracy. You accept there is a risk of certain abnormal changes occurring during the following exercise, which include abnormalities of blood pressure or heart attacks as well as other side effects. Use of weight lifting equipment, engaging in heavy body calisthenics and HIIT training may lead to musculoskeletal strains, pain and injury if adequate warm-up, gradual progression, and safety procedures are not consistently followed. You understand that Sally Wilkinson and GOYGF shall not be liable for any damages arising from personal injuries sustained by you while, during and/or from any training program do so at your own risk. You assume full responsibility for any injuries or damages which may occur during and/or after training.
You hereby fully and forever release and discharge Sally Wilkinson and GOYGF, its assigns and agents from all claims, demands, damages, rights of action, present and future therein.
You understand and warrant, release and agree that you are in good physical condition and that you have no disability, impairment or ailment preventing you from engaging in active or passive exercise that will be detrimental to heart, safety, or comfort, or physical condition if you engage or participate.
If you do have such a condition you accept that it is your responsibility to have a physical check up with your doctor if you feel you need to before engaging in aerobic and/or anaerobic conditioning, or any programme from Sally Wilkinson and GOYGF. You agree that you will follow the doctors advice.
You understand it is solely your responsibility to stop any exercise if you feel it is too much. You understand you will not work through pain that is caused by the exercise or from an injury. It is your responsibility to stop if you become too out of breath which then causes discomfort.
Description of Potential Benefits:
You understand that a program of regular exercise for the heart, lungs, muscles and joints has many benefits associated with it. These may include a decrease in body fat, improvement in blood fats and blood pressure, improvement in physiological function and decrease in heart disease.
You understand that to get the best possible results from a programme you need to show up and be an active participant. Once your payment has cleared and your place has been confirmed no refunds will be given, under any circumstances. Places can also NOT be transferred.
You have read the foregoing information and understand it.
DISCLAIMER, LIMITATION OF WARRANTY, AND LIMITATION OF LIABILITY
The opinions, information and other content contained in or on, or provided through, the Website, Subscription Content, Coach Support, Training Programs and the Subscriptions and other Paid Services are for informational and entertainment purposes only, are not intended as medical or nutritional advice and are not a substitute for professional advice, diagnosis or treatment of any disease or condition. You should consult your physician or other health care professional before starting any nutrition and/or fitness program to determine if it is appropriate for you.
We make no representation that any information on the website is in every respect accurate, current, or complete. To the fullest extent permitted by law, we assume no responsibility for any error or omission in any content or information published on or available through the Website, Subscription Content, and the Subscriptions and other Paid Services, or that it is suitable for your personal circumstances. You are encouraged to confirm any such information with other sources and make your own assessment of its reliability and suitability for your individual circumstances.
External and Third Party Links and Sites: The Website, Subscription Content, Coach Support, Training Programs and the Subscriptions and other Paid Services may contain links to external websites, and you may be offered a number of automatic links to other websites that may interest you (External and Third Party Links and Sites). We accept no responsibility for, or liability in respect of, and make no warranty whatsoever as to, the content, security, privacy practices, accessibility, or terms and conditions of External and Third Party Links and Sites. You agree and acknowledge that if you access, use, or rely upon any External and Third Party Links and Sites you do so entirely at your own risk.
Third Party Content: Other users of the Website, third party advertisers and other third parties may from time to time post or publish information or content (including advertising material) on the Website (including without limitation Recipes and Nutrition Guidance), Subscription Content, and the Subscriptions and other Paid Services (Third Party Content). We make no representation whatsoever as to the accuracy, quality or otherwise in respect of any Third Party Content. You agree and acknowledge that any use or or reliance upon any Third Party Content is entirely at your own risk.
No duty to warn or advise: There are risks associated with any health, exercise and nutritional activity. You agree and acknowledge that the warnings set out or provided on, in or through the Website, Subscription Content, and the Subscriptions and other Paid Services are not advice or a comprehensive statement of risk and are not intended to be relied upon as such. To the extent permitted by law, you agree that nothing in any warning or other information set out or communicated in or through the Website or the Subscriptions and other Paid Services or these terms shall give rise to any duty to warn of any risk or any other matter, duty to advise or other duty of care.
Social media and member forum: Other users of the Website and Services or other third parties may from time to time establish social media groups, pages, forums or websites. These groups, pages, forums or websites are not in any way affiliated with GOYGF. We do not endorse, curate or authorise any of those groups, pages, forms or websites, or any content contained or posted on them. We make no representation and give no warranty (whether as to accuracy, quality, completeness or otherwise), and accept no responsibility or liability for, the conduct or content of any such groups, pages, forums, posts websites or content.
Limitation of warranty: To the fullest extent permitted by law, and except as otherwise expressly specified, neither we, nor any of our Affiliates, officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers give any warranty of any kind, whether express or implied, about the Website, Subscription Content, and the Subscriptions and other Paid Services or any content, material or representations posted on, through or with respect to the Website, Subscription Content, and the Subscriptions and other Paid Services, or about any External and Third Party Links and Sites or Third Party Content.
Release: To the fullest extent permitted by law, you release and forever waive any and all Claims you may have against us, our Affiliates, officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers for any loss, damage, expense or injury (including any Claim) you sustain arising out of or in connection with your access to (or inability to access) or use of the Website, Subscription Content, and the Subscriptions and other Paid Services or any External and Third Party Links and Sites or any Third Party Content.
Limitation of liability: To the fullest extent permitted by law you agree that:
neither we, nor any of our Affiliates, officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers will be liable to you or any person for any Claim resulting from or arising out of:
your use or inability to use the Website, Subscription Content, and the Subscriptions and other Paid Services, including (without limitation) their unavailability at any time or for any period, whether or not by reason of matters within our control or within the control of any vendor providing software or services support to us;
unauthorised access or alterations of your transmissions to or from the Website by a third party;
any viruses that may infect your computer equipment or other property whether by reason of your access to or use of the Website, Subscription Content, and the Subscriptions and other Paid Services, or otherwise;
activities resulting from the loss or misuse of your User Account Details, Login Details or other Access Mechanism (as defined in the Website Terms);
statements or conduct of any third party;
any indirect or consequential loss, or any economic loss; or
any other matter relating to the Website, Subscription Content, and the Subscriptions and other Paid Services, except to the extent resulting from our gross negligence or wilful default;
Each of the limitations in clauses 6.4(a)i to vii is a separate limitation of liability. To the extent any of them is held to be void or unenforceable, it and any other provisions shall be read down or severed to the extent necessary to cure the invalidity or unenforceability.
to the extent our liability and the liability of any of our Affiliates, officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers, is not otherwise excluded, or is unable to be excluded, that liability, howsoever arising (including any breach of these Subscriber Terms or other agreement with you) and of whatever kind (whether based on breach of contract, tort, strict or product liability, breach of warranty or otherwise), shall be limited to direct damages up to the amount (if any) you have paid us or our Affiliates for the use of the Website or for the applicable Subscription or Paid Services in the immediately preceding six (6) months, or £2,000 (whichever greater);
in the event clause 6.4(b) is unable to be enforced for any reason, to the extent our liability and the liability of any of our Affiliates, officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers, is not otherwise excluded, or is unable to be excluded, that liability, howsoever arising (including any breach of these Terms or other agreement with you) and of whatever kind (whether based on breach of contract, tort, strict or product liability, breach of warranty or otherwise), shall be limited to direct damages up to the amount (if any) you have paid us or our Affiliates for the use of the Website and all Subscriptions and Paid Services in the immediately preceding six (6) months, or £10,000 (whichever is the greater).
The limitations on and exclusion of liability for damages in these Subscriber Terms shall apply regardless of whether the liability is based on breach of contract, tort, strict or product liability or breach of warranty.
You acknowledge that your use of the Website, Subscription Content, and the Subscriptions and other Paid Services are entirely at your own risk, and you are responsible for taking all precautions you deem necessary or advisable to protect you against any Claim, risk, hazard, loss or damage that may arise from your use of the Website, Subscription Content, and the Subscriptions and other Paid Services.
To the fullest extent permitted by law, you agree to indemnify, defend and forever hold harmless us, our Affiliates, and our and their officers, directors, employees, agents, partners, information providers, contractors, advertisers, licensors and suppliers from and against all Claims, including reasonable legal costs, resulting from any breach of these Subscriber Terms by or any activity related to your User Account or use of the Website or the Services (including, without limitation, infringement of any third party’s copyright, trade mark, patent or other intellectual property rights anywhere in the world or any negligent or wrongful conduct) by you and any liability for any Claim, whether direct, indirect, incidental, special and/or consequential, including loss of profits or income, suffered by us, any of our Affiliates or you, or claims made against us or any of our Affiliates, or any of our or their officers, directors, employees, agents, partners, information providers, contractors, advertisers, licensors and suppliers or you which result from your breach of these Terms, or your use of the Website, Subscription Content, and the Subscriptions and other Paid Services.
Each of the indemnities in clause 7.1 is a separate obligation by you to us. To the extent any of them is held to be void or unenforceable, it and any other provisions shall be read down or severed to the extent necessary to cure the invalidity or unenforceability.
TERMINATION AND CANCELLATION
We may terminate the Subscription and any Paid Services at any time without prior notice to you if, or if we reasonably suspect that:
you have materially breached these Subscriber Terms or the Website Terms;
you have committed any breach of clause 2.5 of these Subscriber Terms, or clauses 2.1, 2.2, 2.3, 2.7 or 3.3(c) of the Website Terms;
you are not within a geographical area to which the Subscriptions and Paid Services are available as set out in clause 1 of these Subscriber Terms;
a person other than you is using your Subscription or Paid Services, or your User Account;
you commit any breach of clause 4 of these Subscriber Terms or if we are unable to process a payment for any Subscription or Paid Services or any other amount payable by you to us under these Subscriber Terms.
If a Subscription or Paid Services is terminated by us under clause 8.1, you will, to the maximum extent permitted by law:
not be entitled to receive any refund (subject to any statutory rights you may have) for services or products received up to and including the date of termination;
remain liable to pay any subscription fees or charges for the remaining term of the Subscription or Paid Services.
You may terminate a Subscription or Paid Services by cancelling your paypal subcription payment.
if we materially breach these Subscriber Terms and fail to remedy the breach within 7 days of you notifying us of the breach; or
7 days prior to the expiry of the current term for that Subscription or those Paid Services, in which case the termination will take effect from the expiry of the current term.
You may also terminate or cancel a renewal of Subscription or Paid Services by giving notice in accordance with clause 1.
AMENDMENT, VARIATION OR ADDITION TO THESE TERMS
We may amend, vary, revise, or modify (including by deleting or adding terms) these Subscriber Terms at any time and without prior notice by publishing them online at https://www.m/terms/ our Website and/or by such other means we reasonably consider appropriate. Any such amendment, variation, revision or modification will take effect from the next renewal or purchase of Subscription or other Paid Services.