Terms And Conditions Of Service

By purchasing my services, you accept that the Terms and Conditions set out here under represent a legally binding contract between yourself and BODY ARK.

Section 1: Terms of Service Pre Acceptance Policy
Section 2: General Terms and Conditions for safety and data protection
Section 3: Cancelation Policy
Section 4: Session rescheduling and refunding

 

Terms of Service Acceptance Policy:

Welcome to BODY ARK. To ensure a transparent and mutually beneficial relationship with our clients, we require the acceptance of our Terms of Service (ToS) before the full range of services can be accessed. Here’s how it works:

1. Initial Access: Upon signing up for our services, you will have immediate access to a limited set of introductory resources and materials. This allows you to start benefiting from BODY ARK's offerings right away, giving you an insight into the value we provide.

2. ToS Review and Acceptance: To unlock the full suite of BODY ARK services, including personalized training sessions, nutritional planning, and access to our exclusive online content, you are required to review and accept our Terms of Service. This is to ensure that you fully understand the scope of our services, our policies, including our missed session policy, and your rights and responsibilities as a client.

3. How to Accept the ToS: Acceptance of the Terms of Service can be completed electronically through our website or app. You will be prompted to read the ToS and indicate your acceptance by clicking on the "I Agree" button. This process is designed to be straightforward and user-friendly.

4. Withholding Services: Please note that certain services will be withheld until the ToS are accepted. This measure is in place to protect both you and BODY ARK, ensuring that all parties have a clear understanding of the terms governing our service provision.

5. Assistance and Inquiries: We understand that legal documents can sometimes be complex. If you have any questions about our Terms of Service or need further clarification on any point, please do not hesitate to contact us. Our team is here to assist you and ensure that you feel confident and informed in your decision to accept our terms.

General Terms and conditions for safety and data protection:

1. Physical exercise can be strenuous and subject to risk of serious injury. Accordingly, BODY ARK recommends that you obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any enhancement products are entirely your responsibility and you should consult a physician or other expert practitioner as the case may be prior to undergoing any dietary or food supplement programme or changes. You further hereby agree that you are participating in these activities of your own volition and initiative and that by using the advice of BODY ARK you hereby acknowledge and assume all risks of injury, illness, or death.
 

2. You acknowledge that you have carefully read these terms and conditions and fully understand that they include and incorporate a comprehensive and binding release of liability by you in respect of BODY ARK. Under the terms herein, you expressly agree to release and discharge the said trainer(s) and/or instructor(s) (and/or employees, directors or officers of BODY ARK) from any and all claims or causes of action and you agree to give up, release or waive any right that you may otherwise have to bring any such legal action against BODY ARK for personal injury or property loss or damage.
 

3. For the avoidance of doubt, to the extent lawfully permitted, the release and waiver set out in clause 2 above includes any action under the tort of negligence (whether such negligence is founded in statute, common law or otherwise).
 

4. If any portion of this release from and waiver of liability shall be deemed by a Court of competent jurisdiction to be invalid, then you agree that the clauses and provisions of these terms and conditions and this contract are severable where permitted and that the remainder of this release from and waiver of liability shall remain in full force and effect and the offending provision or provisions shall be severed here from accordingly.
 

5. Results from my online personal training and nutritional advice will vary and I cannot guarantee an exact or specific outcome.
 

6. Subject always to the provisions of clause 7, once the first package and any deposit for online coaching has been paid for, you agree that such payment is non-refundable.
 

7. BODY ARK‘s 30-day money-back guarantee is commitment dependent. If you have followed all training, nutrition and supplement advice, as well as checking in with a full update every week in the first 30 days and not progressed at all, BODY ARK will refund your first payment. 
 

8. It is your responsibility to send your weekly check-in and maintain contact with me. If I do not hear or receive check-ins from you, I’m not obliged to follow up with or chase you. 
 

9. Data Processing

Definitions :–

Data Protection Legislation: the General Data Protection Regulation 2018 (“GDPR”)  as amended or updated from time to time, or any successor legislation.
 

Personal Data:  any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
 

For the purposes of the Data Protection Legislation, the customer is the data controller and BODY ARK is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
 

BODY ARK shall, in relation to any Personal Data processed in connection with the performance by me of my obligations:-

(a)    process that Personal Data only on the written instructions of the Customer;

(b)    ensure that it has in place appropriate technical and organisational measures (that can be  reviewed and approved by the Customer at the Customer’s request), to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

(c)     ensure that only those individuals that need to access or process Personal Data will have access to and/or process Personal Data and those individuals are and will continue to be obliged to keep the Personal Data strictly confidential in compliance with the Data Protection Legislation;

(d)    assist the Customer, at the Customer’s request and reasonable cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

(e)    notify the Customer and the Information Commissioner’s Office (“ICO”) without undue delay (and in any event in compliance with the required timescales set out in the Data Protection Legislation) on becoming aware of a Personal Data breach; and

(f)      at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by the Data Protection Legislation to store the Personal Data.

 

You hereby consent to BODY ARK appointing STRIPE as a third-party processor of Personal Data under this agreement. BODY ARK confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement substantially on that third party’s standard terms of business, but in any event, that such terms will ensure compliance by the third party with the Data Protection Legislation.
 

12. BODY ARK reserves the right to use any “before and after” imagines within promotional materials, both web-based and offline and, accordingly, you hereby consent to such usage.

13. Upon signing up to our online coaching services at BODY ARK you’ll be also placed onto our mailing list in order to keep you notified of any company changes, events and new content information. You have the right to opt out at any time to this list.
 

14. The information and advice provided by BODY ARK is not that of a medical professional and anybody wishing to follow the advice/programme is required to seek the advice of a qualified medical professional before doing so.
 

15. These terms and conditions are deemed to be accepted and agreed by you upon purchasing BODY ARK services via its website, without signature unless otherwise agreed upon in writing by both parties.
 

16. These Terms and Conditions and the relationship between you BODY ARK (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England.  Any dispute, controversy, proceedings or claim between you and BODY ARK relating to these Terms and Conditions or the relationship between you and BODY ARK (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.
 

Cancellation and Early Termination Policy:

1. 14-Day Cooling-Off Period: You have the right to cancel your contract within 14 days of agreeing to these terms without incurring any penalty or obligation. If you cancel within this period and have not yet used any services, you will be entitled to a full refund. If services have begun during this period, you may be charged in proportion to what has been provided up to the point of cancellation.
    

2. Early Termination Fee (Post-Cooling-Off Period): If you wish to terminate the services after the 14-day cooling-off period, the following terms will apply:

   • An early termination fee will be levied, reflecting a genuine pre-estimate of the loss BODY ARK will incur. This fee is calculated based on the costs of the services already provided, the reduced opportunity to allocate resources elsewhere, and the administrative costs incurred.
      

   • The early termination fee will be proportional to the remaining contract value and the time you have already been engaged with the services.
      

   • The fee will be calculated as follows: The difference between the monthly rate of your chosen package and the standard monthly rolling rate will be multiplied by the number of months completed. This amount represents the loss of revenue to BODY ARK.
      

   • In addition to the above, you will be required to pay for an additional month at the standard monthly rolling rate to account for the period needed to allocate BODY ARK resources to another client. However, this charge will not exceed the value of one month's service and is capped at a level that reflects the estimated direct loss from the early termination.
      

3. Fairness and Discretion: BODY ARK reserves the right to waive or reduce the early termination fee in certain situations at its discretion, such as in cases of hardship or other extenuating circumstances.
    

4. Documentation and Transparency: BODY ARK will provide documentation upon request that details the calculation of any early termination fee, demonstrating that it is a genuine pre-estimate of the business’s loss.
    

5. Dispute Resolution: In the event of a dispute regarding early termination, BODY ARK commits to a fair and transparent dispute resolution process. We aim to resolve disputes amicably and efficiently, prioritizing our clients' satisfaction and our business integrity. 
   
   
   Missed Session Policy:

6. At BODY ARK, we understand that life's unpredictable nature can sometimes affect your ability to attend a scheduled training session. In recognition of this, while we maintain a no-refund policy for missed sessions, we offer the following accommodations to ensure you can still benefit from our services:

7. Rescheduling Missed Sessions: If you are unable to attend a scheduled session, we ask that you notify us at least [24/48] hours in advance. This allows us to manage our scheduling and resources effectively. Missed sessions, when notified in advance, can be rescheduled for a later date, subject to availability.

8. Session Credits: In lieu of refunds for missed sessions, BODY ARK will credit your account with a session that can be redeemed at any point within 6 months from the original session date. This provides you with the flexibility to continue your training at a more convenient time.

9. Late Cancellations and No-Shows: Sessions cancelled with less than [24/48] hours' notice or not attended without any prior notification ("no-shows") will also be credited to your account, but we encourage you to provide timely notice whenever possible to help us serve you and other clients better.

10. Expiration of Credits: All credited sessions must be redeemed within 6 months from the date of the missed session. After this period, unused session credits will expire and cannot be redeemed, refunded, or transferred.

11. Extenuating Circumstances: We understand that exceptional circumstances may prevent prior notification for missed sessions. BODY ARK will consider such cases on an individual basis to determine an appropriate course of action, aiming to support our clients while ensuring the viability of our scheduling and services.

12. By agreeing to these Terms and Conditions, you acknowledge and accept our missed session policy as outlined above. Our goal is to provide flexibility and maintain fairness to all clients, ensuring that you receive the full value of your investment in our services.