Terms of Use for Live Workout Sessions and Accountability Group Coaching
Effective date: October, 2020
Introduction
These are the Terms of Use which govern the use of our live workout sessions and accountability group coaching (“the service”).
These terms should be read in conjunction with our website terms of use and our privacy policy, both of which can be found on our website.
This constitutes a legal agreement between April Laugh Ltd (“us”, “we”, “our”) and the end user (“you”, “your”). Please ensure that you read it carefully.
Please note that April Laugh do not provide medical advice and are not medical professionals. When using the service your wellbeing is your own risk and you are responsible for the effects that your body may experience.
Any guidance that we may provide is not a substitute for professional medical advice. Always ask a medical professional if in any doubt.
By participating in the service you confirm that you are in a good physical condition and are not aware of a medical reason why you should not engage in any form of exercise.
Information about how to get in touch us
1.1 Company name: April Laugh Ltd, incorporated and registered in England and Wales
Company number: 10660144
1.2 How to contact us: [email protected]
1.3 How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address or postal address that you provide during the registration process.
1.4 The term “writing” also includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2. By using our online forums, site and accessing “the service” you agree to these terms
2.1 By using our site and accessing the service, you agree that you accept these terms of use and are confirming your compliance with them.
2.2 If you do not agree to any of the terms in this contract, you will be unable to use the April Laugh service and should not sign-up to the service.
2.3 You may wish to print a copy of these terms and file them.
3. Conditions of participation in live workouts
3.1 You are responsible for your participation in the workouts and confirm that you are not aware of any illness or injury that should prevent you from doing so. Where any doubt exists you should consult a medical professional prior to your participation.
3.2 We do not endorse or support any comments or recommendations made by other users of the service. If you wish to complain about any information or inappropriate content posted by other users, please do this via email to: [email protected]
3.3 We do not provide any warranties or guarantees as to any specific results from participating in the live workouts.
3.4 If during any workout you should experience any unusual pain or discomfort, you should cease your participation immediately and seek advice from a medical professional before continuing with the, or engaging in any future, workout.
4. Equipment
4.1 You will provide any equipment that may be required to participate in any live workout.
4.2 You will be responsible for the upkeep and maintenance of any said equipment, ensuring that it is in a safe, useable condition.
4.3 You assume any and all risks associated with the condition of any equipment used.
5. Location of your workouts
5.1 You confirm that you have the right to participate in the workouts at your chosen location, whether this be at home, work or elsewhere.
5.2 You hereby take responsibility for any and all risks which arise from or in connection to any hazardous condition, which may be currently known or unknown, in the area in which you choose to complete workouts which may cause an injury during, or after, any workout hosted by April Laugh.
6. Variations to scheduled workouts
6.1 Should an illness or injury affect an April Laugh instructor, April Laugh will use our best efforts to provide you with a workout as a substitute for the live event. This may include a pre-recorded workout or written instructions posted in our WhatsApp group or private Instagram page.
6.2 Every effort will be made to keep live workouts on a pre-scheduled time; however, digital difficulties, issues with internet connectivity or other events beyond our control may mean that workouts commence later than the advertised starting time.
6.3 We reserve the right to change the scheduled dates and start times of any live workout sessions.
7. Our responsibility for loss or damage
7.1 When participating in our live workout you are doing so at your own risk and you must take full responsibility for the effects on your body which you may experience as a result.
7.2 We are responsible for foreseeable loss and damage caused by April Laugh. If we do not meet these Terms of Use, we are liable for loss or damage that you suffer due to our breaking of this contract or our failure to use reasonable care when necessary. April Laugh is not liable for any loss or damage that could not be deemed foreseeable. Loss or damage that is considered foreseeable if it is obvious or it was flagged at the time the contract was made. For example, if a customer disclosed something to us during their sign-up, this is a foreseeable problem.
7.3 April laugh will not knowingly exclude or limit their liability unlawfully. This included liability for personal injury or death caused by negligence. For matters of fraud or fraudulent misrepresentation, the breach of your rights is subject to the service.
7.4 If digital content we have supplied causes damage to a device or digital content belonging to the customer, April Laugh will pay the repair fee or compensate you for the damage providing the damage is caused by our failure to use reasonable care. April Laugh is not liable for damage which is caused by customer negligence which could have been avoided, for example by updating an app or correctly following instructions.
7.5 April Laugh cannot be liable for any business losses. We only supply our services for domestic and private use only. If you choose to use April Laugh for any commercial or businesses purposes April Laugh cannot be held reliable for any loss of profit or business interruption, etc.
8 Use of third party apps and platforms
8.1 Use of our service requires you to utilise various other platforms and apps namely: WhatsApp, Instagram and Zoom. Although use of the aforementioned are a fundamental requirement of using our service, you acknowledge that we have no control nor influence over their content or functionality.
8.2 We have no liability for any other content that may be seen across these platforms and apps nor for any issues that their installation may cause to your devices.
8.3 You are responsible for ensuring that you adhere to the relevant terms and conditions of these platforms and apps, as well as for any updates that may be made to these.
9. Restrictions against the reusing or sharing of our service
9.1 All live videos, images or uploaded recordings of meal prep ideas or workout videos are the intellectual property of April Laugh Ltd. The intellectual property of April Laugh may not be used or shared by a customer without the consent of April Laugh.
9.2 All workouts, including live or pre-recorded videos, are for the personal use of clients only. Broadcasting or sharing videos to large groups or a public audience is not considered personal use. Workouts must not be shared in any online group regardless of whether the group is public or private, unless you have the written consent of April Laugh prior to sharing.
9.3 You must not share, post or re-post any April Laugh content to promote other services or establishments in any other online or in-person group or forum, without the written permission of April Laugh.
10. Price and payment
10.1 The service is to be paid for in advance either as a one-off payment or via monthly payments.
10.2 The price of the service, inclusive of VAT, will be indicated on the order page when you place your order.
10.3 We will pass on changes in the rate of VAT. If the rate of VAT fluctuates between your order date and the start date of your April Laugh membership, we will adjust the rate of VAT accordingly, if payment has already been made in full prior to the change in VAT, no additional fee is required.
11. Our right to end the contract
11.1 We may end the contract if you break it. We may end the contract for the service at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within five days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service; or
(c) if you are suffering from an illness or condition which affects our ability to provide services, such as cancer, gastric band, organ disease, anorexia or bulimia.
11.2 You must compensate us if you break the contract.
12. How we use your information
12.1 Please refer to our privacy policy on the website.
13. OTHER IMPORTANT TERMS
13.1 April Laugh may transfer this agreement to another party. The transfer of rights and obligations outlined in these Terms of Business may be passed to another organisation.
13.2 The consent of April Laugh is required to transfer your rights to a third party or someone else. Your rights or your obligations may only be transferred in accordance with the Terms of Business to another person if written consent is given.
13.3 No other third party has any rights under this contract. This contract is between April Laugh and customer. No other third party has the right or obligation to enforce or change any of the terms of this contract.
13.4 Should a court or legal party find any section of this contract illegal, the rest of the contract will continue as planned. Each section of the contract operates individually. If a section is found to be unlawful, the remainder of the contract will be completed in full effect.
13.5 April Laugh has the right to delay enforcing any section of the contract and reserve the right to enforce the contract at a later date. If April Laugh delay enforcing the contract or insisting the customer completed their Terms of Business obligations, that does not signify that these obligations are void. April Laugh will not be prevented from taking the necessary steps against you at a later date. For example, if a payment is missed but we continue to provide our services, a customer is still required to complete the payment at a later date.
13.6 The terms of this contract are subject to English law, legal proceedings are allowed with respect to the Plans in the English courts. If an April Laugh customer lives in Scotland, that can bring in legal proceedings in either the Scottish or English courts. Northern Ireland customers may bring legal proceedings in respect to Northern Irish or English courts.
14.7 If a customer is unhappy with how April Laugh have handled a complaint, they are able to seek alternative dispute resolution. Alternate dispute resolution takes place with a mediator and avoids the court system. It should be noted, April Laugh will attend a dispute resolution at their discretion and is under no obligation to attend such a meeting.
Contact Us
If you have any questions, concerns or complaints about this terms of use, please contact us:
- By email: [email protected]
- By visiting this page on our website: www.aprillaugh.co.uk
- By phone number: +44 7908 826118
