This page explains our terms of service, which contain important information about your legal rights. When you use or access Ben Hookham Coaching, you’re agreeing to these terms. Our aim is to make this agreement as easy to understand and read as possible.

To contact Ben Hookham Coaching please email hello@benhookhamcoaching.com.

What you need to know at a glance;

Usage of Ben Hookham Coaching and the associated Service is age restricted: to access and use Ben Hookham Coaching and its Service (including Website and App) the User must be an adult under applicable law.

The right of withdrawal only applies to European Consumers.

Ben Hookham Coaching uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.

These terms of service are entered into by and between You, the User, and Ben Hookham Coaching (“Company”, “we”, “our”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms of Service”), govern your access to and use of www.benhookhamcoaching.com, including any content, functionality, and services offered on or through www.benhookhamcoaching.com (the “Website”) and Ben Hookham Coaching App (the “App”) hosted through Everfit. We offer the following service that is subject to these Terms of Service: Ben Hookham Coaching, Coaching with Ben (collectively “Services”).

Please read the Terms of Service carefully before you start to use the Website or App.

By using the Website and/or App [or by clicking to accept or agree to the Terms of Service when this option is made available to you], you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://www.benhookhamcoaching.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Website and/or App.

By accessing and using the Website and/or App, you:

Accept and agree to be bound and comply with these terms of service;

You represent and warrant that you are the legal age of majority under the applicable law to form a binding contract with us; and, you agree if you access the Website or App from a jurisdiction where it is not permitted, you do so at your own risk.

It is understood between you and Ben Hookham Coaching that you must commit to your training programme 100% in order for you to achieve results. Results will be affected by the effort and commitment of the User. In some circumstances even where a User follows the training programme they may not achieve the desired results.

Health and Medical
We are not medical practitioners or registered dieticians. We do not provide medical advice. We strongly recommend that prior to commencing any exercise regime that you consult a medical practitioner and/or registered dietitian first.

You are required to complete a Physical Activity Readiness Questionnaire (PARQ) before undertaking your first training session.

You understand and agree that it is your responsibility to inform Us of any medical conditions, injuries or changes to your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury.

If we require further medical information from a practitioner to support your fitness needs, you must provide such details. We may require a letter of ‘medical clearance’ from your GP to undertake your coaching. Please be aware that your GP may charge for providing this letter.

When following our Plans you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience along the way. You understand that there are inherent risks in participating in a programme of strenuous exercise. You are required to wear appropriate clothing and footwear while training. If you sustain or claim to sustain any injury while participating in training, you acknowledge that We are not responsible. Any guidance we may provide is no substitute for professional medical or physiotherapy advice. Always ask your GP if in doubt.

Website and App Use
You are solely and entirely responsible for your use of the website and/or app and your computer, internet and data security.

You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

You may use the Website and App only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

- in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;

- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

- to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing).

- with any robot, spider, or other automatic device, process, or means to access the Website or App for any purpose, including monitoring or copying any of the material on the Website and App.

- to monitor or copy any of the material on the Website or App, or for any other purpose not expressly authorised in these Terms of Service, without our prior written consent.

Account Creation
To use the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service. Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Ben Hookham Coaching.

By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform Ben Hookham Coaching via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Accounts registered by bots or any other automated methods are not permitted. Unless otherwise specified, each User must register only one account. Unless explicitly permitted, a User account may not be shared with other persons.

Account termination
Users can terminate their account and stop using the Service at any time by doing the following:

By using the tools provided for account termination on the Everfit App for Ben Hookham Coaching.

By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion
We reserve the right, at our sole discretion, to suspend or delete at any time and without notice, User accounts which we deem inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

We undertake the utmost effort to ensure that the content provided on the Ben Hookham Coaching website and App infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to report related complaints using the contact details provided in this document.

Delivery of Service
Ben Hookham Coaching will use their skills and knowledge to design a safe programme of exercise that will take into account your lifestyle, personal goals, fitness levels and medical history.

The service will be delivered within the timeframe communicated with the User before the time of purchase.

Ben Hookham Coaching will adhere to the Privacy Policy and ensure your data and personal information is used only to provide the service to you and enhance the User experience.

Users with a subscription will receive a product continuously over time until such time that the subscription is cancelled. Users with a fixed-term subscription or one-off service start on the day the payment is received. Once the subscription period expires, the service and product will no longer be accessible.

Qualifications and Insurance
Ben Hookham Coaching is an accredited Personal Trainer, with the following qualifications Level 2 Gym Instructor, Level 3 Personal Trainer, Level 4 Strength and Conditioning Coach, Pre and Post-Natal training, Level 1 Precision Nutrition and certified Online Trainer with the Online Trainer Academy.

Your trainer has £5 million public liability insurance cover.

Right of Withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification. Users that do not fit this qualification, cannot benefit from the rights described in this section.

Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to Ben Hookham Coaching an unequivocal statement of their intention to withdraw from the contract by contacting Ben Hookham Coaching using the contact details provided in this document. Users must send the withdrawal notice before the withdrawal period expires.

Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.

Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.

Digital Products
Digital products purchased from Ben Hookham Coaching are deemed “used” after being downloaded or opened and are not eligible for refund. Should a User have a problem with a digital product they should contact Ben Hookham Coaching using the contact details provided in this document.

Legal Action
We have the right, without provision of notice to:

Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorised use of the Website; and Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Service. You waive and hold harmless company and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any action taken by the company and any of the foregoing parties relating to any, investigations by either the company or by law enforcement authorities.

Intellectual Property
The Website and App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Ben Hookham Coaching, its licensors, or other providers of such material and are protected by UK and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our Terms of Service.

You must not:

Modify copies of any materials from this site. Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or App in breach of the Terms of Service, your right to use the Website and App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website and App not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Service Interruption and Updating Service
To ensure the best possible service level, Ben Hookham Coaching reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events( infrastructural breakdowns or blackouts etc.).

Some of the products and services provided by Ben Hookham Coaching are provided on the basis of payment. The fees, duration, availability and conditions applicable to the purchase of such products are described in the relevant sections of the Website.

When the User submits an order, the following applies:

The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Payment Processing
All transactions conducted through Ben Hookham Coaching are handled by a dedicated third-party (Stripe) to ensure your payment information is secure. Card information is handled by Stripe and not stored by Ben Hookham Coaching, therefore we do not collect payment information, but only receive notification once the payment has been successfully completed. Please read the Terms and Conditions of Stripe (https://stripe.com/gb/legal/consumer) for full details on payment processing.

If a payment through the available methods fails or is refused by the payment service provider, Ben Hookham Coaching shall be under no obligation to fulfil the order. If a payment fails or is refused, Ben Hookham Coaching reserves the right to claim any related expenses or damages from the User.

Subscriptions
Subscriptions automatically renew through the original payment method. The renewed subscription will last for a period equal to the original term.

Subscriptions may be terminated by sending a clear and unambiguous termination notice to Ben Hookham Coaching by email to hello@benhookhamcoaching.com. Deleting your Ben Hookham Coaching account on the Everfit App does not constitute termination of subscription and charges will still apply if no notice has been received. If the notice of termination is received by Ben Hookham Coaching before the subscription renews, the termination shall take effect as soon as the current billing period is completed. Upon termination of your subscription, you will no longer have access to any applicable subscription content, including without limitation any training programs.

Prices, Offers and Discounts
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged. Prices are displayed in the details of the Coaching Plans on the website.

Ben Hookham Coaching may offer discounts or provide special offers for the purchase of Products and/or Services. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of the website. Offers and discounts are always granted at the Owner’s sole discretion. Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future. Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to GMT.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.

Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Refunds
Digital products purchased from Ben Hookham Coaching are deemed “used” after being downloaded or opened and are not eligible for refund. Should a User have a problem with a digital product they should contact Ben Hookham Coaching using the contact details provided in this document.

As outlined in the ‘Your Rights’ section of this document, the user may exercise the right to withdrawal within 14 days of placing an order for services including monthly coaching subscriptions and one-off 3 month coaching plans. To exercise their right of withdrawal, Users must send to Ben Hookham Coaching an unequivocal statement of their intention to withdraw from the contract by contacting Ben Hookham Coaching by email to hello@benhookhamcoaching.com. Users must send the withdrawal notice before the withdrawal period expires. Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided. Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.

For subscription users, after the withdrawal period has expired, the user can cancel their subscription and the subscription will cease at the end of that billing period.

After the withdrawal period has expired users who have purchased a one-off payment coaching product are ineligible for a refund of the coaching fee.

For further details on the withdrawal period and the effects of withdrawing please see the ‘Your Rights’ section of this document.

By using our mobile application (provided by Everfit) or downloading our software, you acknowledge and agree to our Terms of Service and the Everfit Terms of Service as well as the following:

1. If the mobile application fails to conform to any applicable warranty, you may notify the applicable application distributor, and the application distributor may refund any applicable purchase price in accordance with its terms and policies, and to the maximum extent permitted by applicable law, the application distributor will have no other warranty obligation with respect to the mobile application;

2. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;

3. You must comply with applicable third-party terms of service when using the mobile application; and

4. You acknowledge and agree that the application distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Terms of Service, and that each application distributor will have the right to enforce the terms and conditions in this mobile application licence contained in these Terms of Use against you as a third-party beneficiary thereof.

For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

You understand and agree that your use of the Website and/or App, its content, and any goods, digital products, services, information or items found or attained through the Website is at your own risk. The Website and App, its content, any goods, services, digital products, information or items found or attained through the Website and/or App are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

You acknowledge and agree that Ben Hookham Coaching or its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make no warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the website or its contents or that any goods, services, digital products, information or items found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website or the server that makes it available or content are free of viruses or other harmful components or destructive code.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

How We Limit Our Liability to You
Except where such exclusions are prohibited by law, in no event shall Ben Hookham Coaching nor its respective Directors, Officers, Employees, Agents, Service Providers, Contractors, Licensors, Licensees, Suppliers, or Successors be liable under these terms of service to you or any third-party for any consequential, indirect, incidental, exemplary, special, or punitive damages whatsoever, including damages for business interruption, loss of use, data, revenue or profit, cost of capital, loss of business opportunity, loss of goodwill, whether arising out of breach of contract, tort (including negligence), any other theory of liability, or otherwise, regardless of whether such damages were foreseeable and whether or not the company was advised of the possibility of such damages.

Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Service or your use of the Website including, but not limited to, third-party sites and content, any use of the Website's content and services other than as expressly authorised in these Terms of Service or any use of any goods, digital products and information purchased from this Website.

Health Disclaimers
We are not medical practitioners or registered dieticians. We do not provide medical advice. We strongly recommend that prior to commencing any exercise regime that you consult a medical practitioner and/or registered dietitian first.

When following our Plans you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience along the way. You understand that there are inherent risks in participating in a programme of strenuous exercise. You are required to wear appropriate clothing and footwear while training. If you sustain or claim to sustain any injury while participating in training, you acknowledge that We are not responsible. Any guidance we may provide is no substitute for professional medical or physiotherapy advice. Always ask your GP if in doubt.

Your provision of personal information through the Website is governed by our Privacy Policy.

The Website and these Terms of Service will be governed by and construed in accordance with the laws of and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and/or under these Terms of Service will be instituted in the courts of the Country of , and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.

If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.

We may revise and update these Terms of Service from time to time for any reason we determine is necessary or appropriate. When we make changes, we’ll update the “Effective Date” at the top of the Terms of Service and post it on our sites. All changes are effective immediately when we post them and apply to all access to and use of the Website and/or App thereafter.

Continuing to use the Website and/or App or making subsequent purchases following the posting of revised Terms of Service means that you accept and agree to the changes. We encourage you to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.