Terms and Conditions
Please read the Terms of Use for the Programme carefully and in their entirety before purchasing and using The Home Habit Plan (THHP), The Strength Plan (TSP) and The Healthy Happy Strong Plan (THHSP) (hereinafter all three are referred to as the “Programme”; all the subsequent terms and conditions apply to all three programmes). The Programme and its content are owned by Caroline Dunne and The Plan Harrogate Ltd.
Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Caroline Dunne and The Plan Harrogate Ltd.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Programme.
“You” “User” or “Your” means the purchaser and person using the Programme.
2. Consent:
By participating in the Program, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.
3. DISCLAIMER:
By participating in the Programme, you understand that Caroline Dunne is a Certified Personal Trainer. We are not medical doctors, psychologists/psychiatrists, or other licensed medical professionals. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional first before trying them.
This Programme is for informational and educational purposes only. The information and education provided in this Programme is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.
Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Programme’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.
4. Assumption of the Risk:
YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE PROGRAMME BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your physician before attempting to participate in the Programme.
By participating in the Programme, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in the Program.
5. Intellectual Property Ownership:
The Program and its content, including, but not limited to, written content, illustrations, video instructions or demonstrations inside the Programme, are intellectual property owned by Caroline Dunne and The Plan Harrogate Ltd. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
6. No Sharing:
You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
7. Testimony Release:
You understand and hereby consent to the use of the information, submitted photographs, screenshots taken by the Coach, or written testimonies and feed back, from the Client, by the Coach for marketing. You consent to your name (as provided), photographs, screenshots, and statements to be used for promotional purposes by Caroline Dunne and The Plan Harrogate Ltd, without payment to me.
You understand that Caroline Dunne and The Plan Harrogate Ltd may use your name (as provided), photographs, screenshots, and statements for promotional business purposes, including, but not limited to: email marketing, social media, website, etc.
8. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
9. DISCLAIMER - No Warrantees, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Programme in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Programme.
10. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, The Plan Harrogate Ltd expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Programme, its materials, our website, or any other information obtained by you from us. By purchasing the Programme, you hereby agree to this limitation of liability and release The Plan Harrogate Ltd from any and all claims.
By participating in and/or purchasing the Programme, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless The Plan Harrogate Ltd, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By purchasing the Programme, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless The Plan Harrogate Ltd. as stated in this section herein.
11. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued under any circumstance for coaching services already rendered or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Caroline Dunne at caroline@theplanharrogate.com
12. Complaints:
If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Caroline Dunne at caroline@theplanharrogate.com.
13. Limitation of Liability:
Caroline Dunne and The Plan Harrogate Ltd are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Programme. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Programme or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
14. Payment + Purchase Terms
When you pay for the Programme by credit card, you authorize and give permission to The Plan Harrogate Ltd to charge your credit or debit card for the amount owed for payment of the Programme. When you purchase the Programme, your information (i.e. credit card and contact info) may be collected by the third-party merchant [Stripe], who may have privacy policies or security practices that are different than ours. Caroline Dunne and The Plan Harrogate Ltd is not responsible for the merchant’s independent policies or practices.
15. Severability
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
By purchasing and/or participating in the Programme, you implicitly signify your agreement to all of the terms in these Terms of Use.
If you have any questions about the Terms of Use, please contact Caroline Dunne at caroline@theplanharrogate.com. Thank you.
Updated September 1, 2021