These Terms and conditions govern your use of this website, the-artist.co.uk, and your relationship with Russell Clark and any employee, thereof.

 

Please read these terms carefully as they affect your rights and liabilities under the law.

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If you do not agree to these Terms, please do not subscribe, use the Website, or purchase any of our products or services.

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Please also see our privacy policy for information about how we collect and use your personal data.

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Introduction

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These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Russell Clark, the owner, and operator of this Website.

 

Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

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In these terms and conditions, User or Users means any third party that accesses the Website and is not either (A) employed by Russell Clark and acting in the course of their employment or (B) engaged as a consultant or otherwise providing services to Russell Clark and accessing the Website in connection with the provision of such services.

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You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

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Intellectual property and acceptable use:

 

By providing any content for distribution by us (such as personal progress photos you expressly grant us a worldwide, royalty-free, perpetual, irrevocable license to use, copy, store, perform, display and distribute such content.

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All Content included on the Website, unless uploaded by Users, is the property of Russell Clark. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software, and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users.

 

By continuing to use the Website you acknowledge that such content is protected by copyright, trademarks, database rights, and other intellectual property rights.

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Signing up

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• You must ensure that the details provided by you upon signing up or at any time are correct and complete.

• You must inform us as soon as practicable of any changes to the information that you provide when signing up.

• We have the right to cancel a client's membership or coaching agreement should a client breach any part of this agreement.

• Payment for a coaching plan must be made in advance.

• To continue with our services you must renew with payment in the first instance after the plan has expired.

 

 

Cancellation policy

 

• The monthly subscription can be canceled at any time, by not renewing at the end of the plan..

• Subscriptions and plans can not be paused or temporarily put on hold.

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Refund Policy

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• We do not offer any refunds, but you may cancel your future payments, thus ending your subscription.

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Limitation of liability

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• Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation, or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

• We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

• To the maximum extent permitted by law, Russell Clark accepts no liability for any of the following: 

  • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, or commercial opportunities;

  • loss or corruption of any data, database, or software;

  • any special, indirect, or consequential loss or damage.

• Russell Clark, nor any of his employees or representatives, are engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself out as qualified to do so.

• We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.

• Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise your own personal judgment, as well as any other considerations, before acting on any of the content provided by us.

• Where we provide you with a personal coaching plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise programme. Accordingly, any actions that you take in relation to a personal coaching plan should not be pursued regardless or to the exclusion of other information, opinions, or judgments that are available to you.

• Any personal coaching plan will be designed and given to you based on the information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a personal coaching plan.

• The information set out in any personal coaching plan may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context and to communicate any concerns you have directly to us, relating to the suitability of the personal coaching plan in your given context.

• You are responsible for informing us of any health issues and pre-existing medical conditions when you take up our services.

 

 

Expected Results

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• While we believe that for most people, following our personal coaching plans and training methods will achieve positive physical development. The client should accept that results will be affected by the effort and commitment of the individual. We, therefore, provide no warranties of any kind, express or implied, as to:

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1. the results that you may achieve as a result of following our programs.

2. the effectiveness of any techniques, diets, or programs that we deliver.

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General

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• Payment is required in advance of embarking on any personal coaching plan. 

• We reserve the right to make subscription increases and will provide one month's notice of any planned increase.

• You may not transfer any of your rights under these terms and conditions to any other person.

• These terms and conditions may be varied by us from time to time. Such revised terms will apply to the website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

• These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to the terms and conditions.

• The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

• If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

• Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

• This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

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Terms and Conditions updated 02/07/2024

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