TERMS AND CONDITIONS
TERMS AND CONDITIONS FOR BODY SMART FITNESS LTD
Body Smart Fitness (BSF) has two services, each with different compulsory initial coaching time frames:
BODY SMART COACHING – 4 months
BODY SMART CHALLENGE – 28 days
Within our BODY SMART COACHING and BODY SMART CHALLENGE we tailor your calories and macronutrients in line with your goals and our company’s own unique formula. The formula is confidential to the business and will never be disclosed.
Our company’s ethos is to educate and achieve your goals whilst still enjoying food you love. The beauty of our nutritional guidelines is, if you have any allergies or intolerances you can tailor your plan to fit you easily as you are in control. Meals and recipes are advisory but your diet and your dietary intake are completely your choice.
It is important that you fully understand that the advice given from BSF regarding nutrition is followed at your own risk and responsibility.
Our approach to calculating what we believe is optimal for your goal is unique. By signing up to the company’s online coaching you agree to trust this approach. Whilst feedback is appreciated, disagreeing with our methods on the basis of other professional’s points of view will not result in any aspect of the plans being re-designed or warrant a refund.
The training contained within your plan is individual to you. You will receive details on the exact structure with supporting literature of how to navigate your training programme. The plan may also contain guidance and correct lifting techniques through descriptive text and/or video links. Due to fitness being so individual, weight values or levels will never be specified in a weight value or resistance, this is something you will have to discover through carrying out the exercises in best practice. We advise that you start off at a lighter weight / resistance and progress from there. While we endeavour to provide every tool possible to conduct exercise as safe as possible there are inherent risk factors. All exercises conducted are completely at your own risk.
If you wish to carry out your own training plan in place of ours that is acceptable. If coaching on BODY SMART CHALLENGE or BODY SMART COACHING you must specify this to your coach. Your own training specification will be taken into account when tailoring your calories and macronutrients so you need to be as accurate as possible.
Please ensure you complete your e-consultation form on your dashboard. In order to complete your e-consultation form and future check‐ins, you will need your height and weight.
the process of coaching we will need to understand the metrics to
measure progress. To effectively utilise the coaching service we
would recommend the following equipment:
• Body weight weighing scales
• Flexible body tape measure
• Camera/phone to take photos to upload
• Shorts and crop top or bikini (for progress photos)
• Kitchen weighing scales
Body Smart Fitness does not take any liability for any faults, damages, loss or theft of any equipment purchased or used during coaching.
BODY SMART COACHING will start on the date of purchase. BODY SMART CHALLENGE starts on the date specified as the challenge start date.
After payment for BODY SMART COACHING and on launch date of the BODY SMART CHALLENGE you will receive your invitation to your dashboard to set up your profile.
During the setup you will be prompted to complete your e-consultation form. Completing the initial setup of your dashboard without delay will allow your BSF coach on the BODY SMART COACHING and BODY SMART CHALLENGE to create your bespoke calorie/macronutrient guidelines and correct training plan.
*PLEASE NOTE* you will not be able to use the BSF system in its entirety until your dashboard setup has been fully completed and submitted with all measurements and photos uploaded.
Remember all unique training plans and calorie/macronutrient guidelines will only be developed once your dashboard setup is complete. It can take up to 3 working days for the training plans and calorie/macronutrient guidelines to be delivered to your dashboard. Your BSF dashboard will be available when payment is received.
The process of taking pictures and measurements for BODY SMART COACHING and BODY SMART CHELLENGE needs to be adhered to in order to assess your body composition and to create your bespoke plans. Once coaching begins, you will be in complete control of the results. In order to achieve the desired results you need to adhere 100% to your plan. This includes being accurate in your calculations and truthful to us and yourself, as with any service results are not guaranteed.
It is not the responsibility of BSF to chase for any information. You have a unique dashboard to upload your results and this is the only way to submit your results.
Any new plans that are developed by the BSF team at any point in your subscription will be supplied in your dashboard.
If you wish to continue after your initial period is complete on BODY SMART COACHING or BODY SMART CHALLENGE we will discuss the investment moving forward based on the level of support needed. This will be fully discussed, disclosed and agreed before moving on from your initial period. If you choose not to continue on subscription with any of our services your BSF dashboard will be deactivated and inaccessible.
2. MEDICAL / LIABILITIES / RISK
As with any exercise plan you assume certain risks to your health and safety. Any form of exercise can cause injuries, and any plans from BSF are no exception.
In signing up to BSF, you acknowledge that all medical questions must be answered to the best of your knowledge and you understand that BSF’s content in its entirety is not a substitute for direct, personal, professional medical care and diagnosis. The nutrition advice and exercise programme from BSF will be performed entirely at your own risk, and if required, with the clearance from your doctor or health care provider.
When following plans you are doing so responsibly, acknowledging the guidance provided, your body’s limitations and take full responsibility for the effects on your body which you may experience during your plan. BSF are not medical professionals and nothing on this website and/or nutritional and programmes information provided should be misconstrued to mean otherwise.
It is possible that you may become injured from doing the exercises in your programmes, especially if they are done with poor form. Although instruction is included on form for each exercise, you acknowledge that BSF (like any other exercise programme) does involve a risk of injury. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks may also exist for those who are currently in good health at present.
There may be increased health and/or injury risks associated with participating in activities mentioned on BSF’s programmes for people in poor health or with pre-existing physical or mental health conditions. As a result, if you are in poor health or have a pre- existing physical or mental health condition, you should consult your doctor before signing up to BSF. You acknowledge that failure to do so or going against medical advice and signing up to BSF will not make you eligible for a refund should your health or injury prevent you from completing the plan. Therefore if you choose to participate in these risks you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
BSF reserve the right to refuse to build any exercise programme and blueprint calorie/macronutrient targets on all coaching services if the answers provided in the e‐consultation form have contradictions to our plan. Should this be the case, a refund will be issued.
BSF are not medical professionals. The advice of BSF, whether it be on the website, in calorie/macronutrient blueprints, exercise programme or via personal coaching, is not a substitute for medical advice. You MUST consult your doctor before beginning ANY of our plans, exercise programmes, or continue completely at your own risk and free will. You MUST consult your doctor/physical therapist immediately in the event of illness or injury and follow their direct advice, which could mean stopping your BSF plan altogether.
You are using BSF calorie/macronutrient blueprints, exercise programmes and coaching at your own risk. BSF nor any of BSF’s coaches are responsible for any injuries or health problems you may experience or even death as a result of using BSF.
BSF maintains the correct and appropriate insurance with a reputable UK insurance broker, we ensure our policy is renewed on an annual basis and details of our cover can be provided upon written request. Any and all potential claims need to be made in writing and a company representative will respond within 30 days.
3. EXPECTED RESULTS FROM BODY SMART FITNESS
Although the products and services at BSF are intended to be fully implemented, at times they are not by the customer, which could result in a lack of progress/results for the user. If you implement the products and services from BSF correctly you should see positive results. However it must be disclaimed that even when consumers implement any products or services in full from BSF it is still possible they will not get the results they may have expected or achieve any positive results of any kind.
BSF may use your personal information to provide products and associated services you request to administer your account and to contact you for feedback on your use of such products and services. When you provide your email address when you register with us or buy from us, we will not send unsolicited marketing material to you. All information supplied will be held by BSF using secure external applications and will remain secure and confidential. Your details will only be used for research purposes and will not be passed on to any third parties or used for marketing purposes in accordance with the Data Protection Act 1998.
The data will only be disclosed to employees and personnel working on a consultant basis of BSF to enable them to produce your plans and effectively coach you. The data will be kept securely for as long as you are our client.
5. TESTIMONIAL DISCLAIMER
You have the option at any point whether you allow or not allow BSF to use your images and testimonials material, partially or in its entirety.
By signing up to any product or service of BSF you are agreeing that we can use material that you yourself have used in a public domain and any material that does not disclose your identity.
For material that has not been made public by yourself or discloses your identity, we may approach you at any time during coaching to use your material. You have the right to refuse partially or to the entirety of its use.
If you agree to your material use and it is used you are aware that if you then wish to withdraw your material this may not be possible in its entirety.
All the transformations and testimonials are real. However, it must be disclaimed that these testimonials are not claimed to represent 100% of results with BSF’s calorie/macronutrient plans and exercise programmes. They are meant as a showcase of what the most motivated and dedicated people can achieve by following fully personalised plans.
Your results may vary from using BSF, and you may not get the same results compared to someone else when using the services provided due to differences in your individual exercise history, genetics, and personal motivation/dedication. The end results you get will depend upon you individually.
6. IMPORTANT PAYING & BILLING INFORMATION
is made on a secure off site PCI compliant merchant (Stripe) through
a payment portal on a website, sent directly to your preferred
correspondence or payment taken over the phone. Once payment is set
up and successfully made you will receive a payment confirmation from
Stripe and we will be informed of your successful payment.
BODY SMART CHALLENGE. The challenge has a single payment. We also ask for the 5 pillars of commitment. The five pillars being:
1. Between day 1 – 7 of your challenge, complete 9 tasks in prep week (prep week commencement is the launch day of your challenge)
2. Between day 8 – 28 of your challenge, check-in on the Facebook group before Saturday 12pm (time respective of time zone) and reflect on Sundays in the community.
3. Between day 8 – 28 of your challenge, track your workouts on your dashboard – minimum of 3 x 30 minutes workouts a week.
4. Between day 8 – 28 of your challenge, track your nutritional intake on a daily basis
Within 7 days of completing the challenge (can be extended if
struggling to finalise a date within the 7 days) supply a written,
photo or video testimonial to explain your experience and what you
have achieved from the challenge
BODY SMART COACHING. A choice of three payment frequencies for the initial 4 months coaching. A single payment/instalment, two payments/instalment (first on date of enrolment and the second 30 days later) or payable in four monthly instalments (first on date of enrolment with three subsequent payments/instalments on the same date of the next three subsequent months). For two payment/instalment option there is an increased investment point from single payment/instalment and for four payment/instalment option there is a further increase on investment point - we only except debit or credit card (Visa, Mastercard and American Express) payment and no other forms of payment. If you have chosen to pay either single, two or on four instalment option please note that in doing so you have entered into a 4 month contract with Body Smart Fitness Ltd. You have committed yourself to the full length of four months and must understand that you are not paying for the plan on a month by month basis, but you have decided to pay the full price of the initial four months by one, two or four instalment(s). Once you commit to this agreement payments cannot be cancelled until you reach the end of the initial 4 months.
If a payment is cancelled, cannot be taken due to any reason, or has been refused by Stripe your plan will be disabled meaning you will not be able to access your member’s dashboard and will remain disabled until payment has been reinstated. Please note that your coaching will continue to run its course in this instance until completion.
If you fail to fulfil the full amount payable we reserve the right to pass your details over to our chosen debt collection agency to enable us to recover the costs. This email will represent the final demand for payment and will be in line with the statutory 30 days period in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Additional charges will apply in this instance. Refunds will only be applied in the event of proven injury (official medical document) or exceptional circumstances agreed by Body Smart Fitness Ltd.
Due to the structure of the business and the way in which BSF Coaching has been designed for optimum results, repeating/re starting coaching is NOT permitted other than in the event of proven injury (official medical document) or exceptional circumstances agreed by Body Smart Fitness Ltd.
Once you purchase BODY SMART COACHING, your coaching starts from that point.
Our system operates 24 hours a day, any correspondence from you will be dealt with within 72 hours of receipt; generally through your dashboard, SMS/Whatsapp or email but we do reserve the right to contact you by post and/or telephone.
Since BSF is offering non tangible irrevocable services we do not issue refunds once the order is complete and the product/service is sent. As a customer you are responsible for understanding this when purchasing any product or service from us.
However, we realise that exceptional circumstances can take place with regards to both the character of the product and services we supply and your personal life.
Therefore, we may honour requests for a refund for the following reasons:
1. Product not‐as‐described and as detailed above in our terms and conditions: such issues should be reported within 3 days from the date of purchase. Clear evidence must be provided proving that the purchased product or service is not as it is described either on the website and or in our terms and conditions. Complaints that are based merely on the customer’s false expectations or wishes are not honoured.
2. In the event of serious debilitating illness or injury. Confirmation of this in the form of a doctor’s note or medical certificate will need to be provided before consideration.
SMART COACHING subscriptions will automatically continue after your
initial 4 months unless you agree to cancel coaching with ourselves
after your initial period. If you are wishing to go no further than
your initial four month period you need to give two-weeks notice
before your next payment cycle to cancel your coaching subscription.
After continuing to coach with ourselves after the initial four
months, whether continuing on Ultimate, Impact+, Impact or
Accountability coaching you need to give two-weeks notice before your
next payment cycle to cancel your coaching subscription.
BODY SMART CHALLENGE payment is a single upfront payment and there is no further monies taken unless directed. After the challenge you will have the option to upgrade into BODY SMART COACHING were the respective cancellation period applies.
To cancel your subscription in the time period as stated above, email: [email protected]
If you have a serious complaint our customer care team are on hand to support and resolve any issues, please direct your correspondence to: [email protected]
Updated as of July 2020