Terms and Conditions for OnTrack Accountability Coaching
What these terms cover:
These are the terms and conditions on which we will deliver accountability coaching (Coaching) to you. The law requires us to provide you with certain key information before a legally binding contract between you and me are made and that this information should be given in a clear and understandable way. These terms set out that key information together with our and your legal rights and responsibilities.
Why should you read them:
Please read these terms carefully. These terms tell you who we are, how we will deliver the Coaching to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions about these terms please contact us to discuss. "You" or "your" means the person applying for the Coaching.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are
We are a company registered in the United States.
How to contact us
You can contact us by emailing us at firstname.lastname@example.org
How we may contact you
We will contact you by telephone, WhatsApp, SMS messages or by e-mail to the address or telephone numbers you have provided to us.
OUR CONTRACT WITH YOU
How we will accept your application
Your application will be accepted when we e-mail you to confirm that it has been accepted, at which point a contract will come into existence between you and us.
If we cannot accept your application
If we cannot accept your application we will inform you of this by e-mail and will not charge you. This might be because we deem that you are unsuitable for accountability coaching at this moment in time (due to personal circumstances or health issues) or there is no availability for coaching during the current or near-future cycles of coaching.
What we will deliver
The Coaching is a unique fitness program based on a personal relationship between you and us. We are dedicated to helping you manage your day to day choices and make sure you stay OnTrack to reach your health and fitness goals. We will check in with your workouts and hold you accountable for your choices.
The Coaching is delivered through WhatsApp messages (both text and voice messages) and e-mails, 6 days a week (Monday to Saturday, inclusive).
The Coaching will be delivered as follows:
You will receive e-mails from us, usually on a Sunday evening setting out goals for the week;
You will then receive a WhatsApp message from us in the morning setting out your goals for the day and when you are required to check in with us;
You will then be in regular contact with the Coach throughout the day and will check in with the Coach as and when required throughout the day;
We will try and respond as soon as possible to check-in messages throughout the day (Monday to Friday) and within reason. If there is any reason why we won't be able to respond to messages during any given day then we will try to let you know. Whilst you are free to message overnight, we will not be able to respond to those messages until the following day. We do not guarantee that we will be able to respond to all messages within a certain time frame but we will try to reply as soon as possible.
When we will deliver the Coaching
We will commence delivery of the Coaching from the date set out in the acceptance e-mail. This will usually be on a Monday.
Duration of Coaching
We will deliver the Coaching on a 4-week cycle basis. Each cycle shall last 4 weeks each.
The initial Coaching cycle shall be for a period of 4 weeks from the date set out in the acceptance e-mail. For example, if the Coaching commences on 26 January, the initial Coaching cycle shall continue until 23 February.
Should you not let us know in writing that you wish to continue the Coaching (see below), the contract will automatically come to an end at the end of the initial Coaching cycle.
Extending the period of Coaching
Whilst we will usually try to contact you towards the end of each cycle to ascertain whether you wish to continue for a further cycle of 4 weeks, if you wish to continue the Coaching beyond the initial Coaching cycle you will need to let us know in writing (by either e-mail or text/WhatsApp message) at least  days prior to the end of the initial Coaching cycle that you wish to continue for a further cycle of 4 weeks. For example, if the initial Coaching cycle is due to expire on 23 February, you will need to inform us in writing that you wish to continue by  February. Once you have confirmed in writing that you wish to continue the Coaching for a further 4-week cycle this contract shall extend for a period of 4 weeks and shall expire at the end of the relevant cycle, subject to you making payment for that additional cycle in accordance with this contract and prior to that cycle commencing.
Subsequently, if you wish to continue the Coaching for further periods of 4 weeks each, then you will need to let us know in writing (by either e-mail or text/WhatsApp message) at least  days prior to the end of the relevant Coaching period that you wish to continue for a 4 weeks. Once you have confirmed in writing that you wish to continue the Coaching for a further 4-week cycle this contract shall extend for a period of 4 weeks and shall expire at the end of the relevant cycle, subject to you making payment for that additional 4-week cycle in accordance with this contract and prior to that cycle commencing.
Should you not let us know in writing that you wish to continue the Coaching, the contract will automatically come to an end at the end of the relevant 4-week cycle.
Delay in commencing cycles
On occasions, we may have to delay the commencement of cycles and therefore some cycles may not immediately follow the previous cycle. This may be due to our unavailability or for other reasons beyond our control. We shall notify you in advance if this is the case. If you decide to continue for the following cycle, this contract will extend and continue until the end of the cycle.
You acknowledge that the Coaching is for accountability purposes and does not involve advice in relation to personal training, physical activity or nutrition.
The success of the Coaching is dependent on you committing to adhere to some key principles during the cycles as follows:
Check-ins: Check-ins are fundamental to the delivery of the Coaching. This involves you messaging us (by WhatsApp text, voice or video message) each day with details of:
your plan for the day (including what physical activity you intend to do and an idea of the meals and snacks you plan to eat that day);
details of the physical activity you have undertaken;
photographs of all meals, snacks and drinks; and
when you have consumed 2 litres of water for that day.
We will provide you with a client contact schedule with further details as to when and how you should check in with us. You may also check in with us at any time.
**Failure to consistently meet these check-ins will result in this agreement being terminated by us.
There is no specific dietary requirement or food plan with the Coaching and we will not provide you will any nutritional advice or programs.
However, if you wish to achieve weight and/or fat loss, it is crucial that you agree to eat in a calorie deficit on a daily basis. Failure to show a commitment to eat in a calorie deficit may result in this agreement being terminated by us.
Consumption of alcohol
You acknowledge that the consumption of alcohol (especially in the initial Coaching cycle) will greatly inhibit the delivery of Coaching and results achieved. We do not recommend the consumption of alcohol.
You agree to share progress pictures and measurements to us as requested. All images and information will remain private and strictly confidential.
You agree to undertake a minimum of 30 minutes physical activities, 6 days a week.
Physical activity is a fundamental component to the success of the Coaching. Failure to show a commitment to undertake physical activity may result in this agreement being terminated by us.
The Coaching is delivered through WhatsApp. You agree that you will have access to WhatsApp (which can be downloaded for free from app stores).
What will happen if you do not provide the required information to us
We will need certain information from you so that we can deliver the Coaching to you, for example, your age, weight, height and body measurements. We will contact you in writing to ask for this information prior to delivering the Coaching. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see paragraph 10). We will not be responsible for delivering the Coaching late or not providing any part of the Coaching if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
You acknowledge that we do not claim to be a medical, psychological, nutritional or other expert. We do not have any particular certificates, licenses or permits relating thereto. We are not personal trainers or nutritional advisors.
PRICE AND PAYMENT
The price for the initial Coaching cycle of 4 weeks shall be negotiated.
The price for each subsequent Coaching cycle of 4 weeks following the initial Coaching cycle shall be negotiated.
When you must pay and how you may pay
Upon accepting your application, we will issue an invoice to you for the price listed above for the initial 4-week Coaching cycle. If you decide to continue with subsequent 4-week cycles, we will issue you with an invoice for the price once we are notified that you wish to continue for a further cycle.
You must pay the invoice in advance of the relevant Coaching cycle commencing. We shall not commence delivery (or if delivery has commenced, may suspend delivery) of the Coaching to you until payment has been made.
We accept payment via the following methods:
Paypal – please follow the link on the invoice
Please use your name as a reference for payment
HOW WE MAY USE YOUR PERSONAL INFORMATION
OUR RIGHTS TO MAKE CHANGES
Minor changes to the contract
We change to the Coaching delivered:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect the delivery of the coaching.
More significant changes to the coaching and these terms
In addition, we may make more significant changes to the Coaching, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Coaching paid for but not received:
YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with us
You can always end the contract before the Coaching has commenced. You may contact us at any time prior to the commencement of the Coaching, but in some circumstances, we may charge you certain sums for doing so as to reasonable compensation for the net costs we will incur as a result of your ending the contract.
What happens if you have a good reason for ending the contract
If you are ending the contract for a reason set out below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
we have told you about an upcoming change to the Coaching or these terms which you do not agree to (see paragraph 5);
there is a risk the Coaching may be significantly delayed because of events outside our control;
we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind – Consumer Contracts Regulations 2013
For services bought online you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund without giving any reason. The cancellation period is 14 days after the day we email you to accept your application.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form attached to these terms, but it is not obligatory.
Unless you state otherwise, you agree that we may commence delivery of the Coaching during the cancellation period.
If you cancel after we have started the delivery of the Coaching, you must pay us for the Coaching delivered up until the time you tell us that you have changed your mind.
Ending the contract where we are not at fault and there is no right to change your mind
Unless you have a right to end the contract immediately (see paragraphs 9.2 and 9.3) the contract will not end until the expiry of the cycle during which you contact us. For example, if your 4-week cycle commenced on the 26 January and you tell us you want to end the contract on 4 February we will continue to deliver the Coaching until 23 February. We will only charge you for supplying the services up to the end of the relevant cycle (e.g. in the example up to 23 February) for which you will already have made payment.
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it
We may end the contract at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within  days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the coaching; or
there is a change in your circumstances which means that we deem that you are no longer suitable to receive the Coaching or it is not in your medical interests for you to receive the Coaching. The decision as to whether you are suitable for Coaching or whether the Coaching is not in your medical interests rests with us and is final.
You must compensate us if you break the contract.
If we end the contract in the situations set out in paragraph 10.1 we will refund any money you have paid in advance for Coaching we have not provided but we may deduct or charge some of the price as compensation for the net costs we will incur as a result of your breaking the contract.
We may stop providing the Coaching
We may write to you to let you know that we are going to stop providing the Coaching. We will let you know at least [4 weeks] in advance of our stopping the Coaching and will refund any sums you have paid in advance for services that will not be provided.
OUR RIGHT TO SUSPEND THE COACHING
Reasons we may suspend the Coaching
We may have to suspend the Coaching to:
deal with technical problems or make minor technical changes;
update the Coaching to reflect changes in relevant laws and regulatory requirements;
make changes to the Coaching as notified by us to you.
Your rights if we suspend the Coaching.
We will contact you in advance to tell you we will be suspending the Coaching unless the problem is urgent or an emergency. If we have to suspend the Coaching we will adjust the price so that you do not pay for Coaching while they are suspended. You may contact us to end the contract if we suspend the services, or tell you we are going to suspend them, in each case for a period of more than  weeks and we will refund any sums you have paid in advance for services not provided to you.
We may also suspend the Coaching if you do not pay
If you do not pay us for the Coaching when you are supposed to (see paragraph 10) and you still do not make payment within  days of us reminding you that payment is due, we may suspend the Coaching until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the Coaching.
IF THERE IS A PROBLEM WITH THE COACHING
How to tell us about problems
If you have any questions or complaints about the coaching, please contact us.
Summary of your legal rights
We are under a legal duty to deliver the Coaching in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights in the United States.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions.
The Consumer Rights Act of 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us.
We will ensure that we deliver the Coaching in accordance with these terms and by using reasonable care and skill, in compliance with commonly accepted practices and standards in the industry and in compliance with all laws and regulations in force in Wales at the time we deliver the Coaching.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for:
death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
fraud or fraudulent misrepresentation;
breach of your legal rights in relation to the Coaching including the right to receive Coaching which are as described and supplied with reasonable skill and care.
We are not responsible for delays outside our control.
If our delivery of the Coaching is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
We are not liable for business losses.
We only deliver the Coaching for private use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Your statutory rights
Nothing in these terms affects your statutory rights.
OTHER IMPORTANT TERMS
Copyright and confidentiality
We own and shall remain the owners of, all intellectual property in all material provided to you as part of the Coaching, including copyright in all materials. Nothing in this Agreement shall transfer any rights to you in relation to the intellectual property in any material provided to you.
You agree that you shall not share any information relating to the Coaching with any other person, including copies of the material provided to you and any intellectual property contained in any such material.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms
If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.