MEMBERSHIP AGREEMENT to GROUP TRAINING PROGRAMME:
‘POSTNATAL CORE REHAB METHOD’
BACKGROUND
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The company is a provider of coaching, education training and business consultancy services.
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We trade predominantly online via the website www.yourtimepilates.com and associated social media platforms, and Alice Johnstone is a director of the Company and provides the coaching services on behalf of the Company. We run group programs and memberships as part of our offerings. You have requested and applied to join one of our group programs known as the “Postnatal Core Rehab Method” (the “Programme”)
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The Parties have agreed to enter into this agreement together so we can clearly set out what the group program will deliver to you, how you will interact and learn alongside other members of the program, and grant you rights to access and use certain of our bespoke methodologies and coaching materials on the terms and conditions set out in this agreement.
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1. SERVICE PROVISION
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1.1 You have been accepted into my 12-month group training programme called the ‘Postnatal Core Rehab Method’ (the “Programme”). The programme is for 12 online self-paced training sessions with monthly live Q&A support for one year. This is the “Term” of the service we will provide to you as set out in clause 1.2 below. You are bound by this agreement from the date that you applied for membership and these terms shall stay in force and effect until the end of the Term (or otherwise terminated in accordance with the agreement).
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1.2 During the Term and in consideration of the Fee you pay to us, you will access, participate in and receive the following services from us (the “Service”):
THE PACKAGE
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12x 1-hour online, self-paced training sessions
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Marketing Mastery (parts one and two)
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Magical Mindset
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Deep Screening System
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Pelvic Floor for Life Framework
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Better Breathing Blueprint
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Postural Assessment Protocol
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Diastasis Assessment System
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Core Connection Code
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3x The magic in action (client in person session 1-12)
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12x live group coaching Q&A calls each month
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10x templates including: mindset, client assessments, social media, screening questionnaire, email, client offer form
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6x condition specific exercise recommendations, visuals and check lists
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12x client session plans and at-home practice exercises templates
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Access to a private Postnatal Pilates Instructors Facebook group
You will be provided with a schedule setting out specific dates and times for the monthly group coaching duration of the Term. We reserve the right to make changes to this schedule and or content for any reason including circumstances out of our control and if this becomes necessary, we will always try to offer a minimum of 48 hours’ notice of the change.
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1.3 The total Fee (and associated Payment Terms) for you to access the Programme and the Service are set out below:
PAYMENT IN FULL - £1,297 including VAT
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PAYMENT IN FULL VIP - £3,379 including VAT
This is the “Fee” payable by you to us in consideration for the Service we provide to you. The Payment Terms are set out below.
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PAYMENT TERMS
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Payment is due upon signing up to the programme or on signing this Agreement, and upon receipt of the payment and signature of this Agreement you will join the Programme.
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PAYMENT IN SIX INSTALMENTS OPTION: £249 including VAT
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This is the “Fee” payable by you to us in consideration for the Service we provide to you. The Payment Terms are set out below.​
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PAYMENT TERMS
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The Fee will be paid as 6 instalments of £249. Payment is due upon signing up to the programme or on signing this Agreement, and upon receipt of the payment and signature of this Agreement you will join the Programme.
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1.4 The Client acknowledges and understands that the Programme is a self-paced training programme with monthly live group mentoring, and that all sessions are organised and delivered by the Company against a predetermined schedule. To that end, the Client accepts that if they are unable to attend a particular session or partake in any live element of the Service then this is forfeited, and sessions cannot be rearranged or postponed upon any individual requests.
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2. FEES AND PAYMENT
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2.1 The Fee shall be paid in full upon signature of this Agreement (or if Instalment Payments have been selected then on the Payment Dates agreed and in accordance with the Payment Terms at clause 1 above) in £sterling in cleared funds by bank transfer (to our bank account as notified by us to you), by credit/debit card payment or by such other payment method as we may agree from time to time in writing.
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2.2 By applying to us for the Programme and entering into this Agreement for the Service, you warrant that you have access to sufficient funds to pay the Fee and/or each Instalment Payment of the Fee at the agreed point in time. If for any reason the automatic payment system fails (for example if the credit card or source payment you originally nominated is not accepted), you agree to act swiftly to set up a standing order to ensure that all remaining Instalment Payments are made on time and as agreed. The Fee and/or any Instalment Payments are refundable under the Refund Policy terms and conditions in section 6.
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2.3 In addition to any other rights or remedies we may have, if you fail to pay the Fee or agreed Instalment Payments as and when due and payable, and fail to remedy this within 7 (seven) days of our written notice to you, we reserve the right to:
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1. Charge interest on such payment from the due date at the annual rate of 4% above base rate of Lloyds Bank plc, accruing daily and compounded quarterly until payment is made and you shall pay the interest immediately on demand;
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2. terminate this agreement, which may at our discretion include suspending or refusing your access to the Members’ Area, the Works and the Service.
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2.4 All sums payable under this Agreement shall become due immediately on termination of this agreement, despite any other provision. For the avoidance of doubt, you shall remain liable for the Fee in full regardless of any decision to terminate or enforced termination of this Agreement.
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2.5 Each party shall bear its own costs for the entry into this agreement. You are responsible for all of your costs and expenses associated with or incurred in connection with the Service during the Term, including but not limited to:
1. costs and expenses incurred in downloading or printing all or any of the Works;
2. telephone charges;
3. internet connection charges
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3. YOUR PARTICIPATION AND RESPONSIBILITIES
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3.1 You agree that full participation in the Service is necessary in order to achieve best possible results and outcomes from your personal perspective. If you do not participate or miss out elements of the Service then this is likely to have a negative impact on the effectiveness and potential of your outcomes. As such, you commit wholeheartedly to being an active participant and present and on time for all sessions in the Programme during the Term of the Service.
3.2 You agree that it is your responsibility to attend the Programme sessions, and to utilise the tools and resources made available to you. If you are unable to attend a session you will have access to the recording and relevant materials and you agree to promptly catch up on that session and use the online group to ask any questions or ask for specific support. You agree that group sessions cannot be rescheduled as that service provision cannot be altered for the benefit of one individual participation over others.
3.3 You accept and agree that you are one hundred percent (100%) responsible for your own actions including your participation, progress and results during the Term. You agree to communicate open and honestly, and complete all written information requested from you in a timely way. We will do our best to support you with getting the maximum benefit and potential outcomes from our provision of the Service but we cannot guarantee that the Service will meet your specific expectations or that you will achieve any particular outcomes or results.
3.5 You understand and agree that you are participating in the Service for personal and professional growth and therefore give us permission to be honest, direct, supportive and challenging during provision of the Service and our interactions with you. You agree that you are responsible for your own personal wellbeing and that the Service is not to be used in lieu of professional advice for legal, financial, medical, tax or other matters normally handled by professionals.
3.6 You are required to hold a valid an up to date L3 Pilates Instructor qualification and up to date insurance. You will be required to share these with the Company on request.
3.7 The Postnatal Core Rehab Method is for training purposes only and is not a postnatal Pilates qualification. Completion of the course does not qualify as a postnatal Pilates qualification and cannot be presented to an insurance company as such.
3.8 If you chose to use any of the exercises presented in the materials from this training, you agree you will take sole and full responsibility for the outcomes. You accept that neither Alice Johnstone or Your Time Pilates is liable for any injury or damages to person or property.
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3.9 You agree to conduct yourself in a responsible and courteous manner at all times during your participation in the Service, and in particular not to disrupt the group mentorship sessions or be offensive or cause distress to either the coaches or experts within the Programme nor the other participants. In the event that you breach this clause, then Alice Johnstone will contact you to put you on notice that your conduct is in breach of the Agreement and to ask you to take appropriate remedial action. If you fail to take that remedial action, or continue to act in a way which (in the reasonable opinion of the Company) breaches this clause then Alice Johnstone reserves the right to terminate the Agreement and permanently exclude you from the Programme. No refund will be due to you in these circumstances and no further discussions will be entered into. Alice Johnstone’s decision on this will be both discretionary and final.
3.10 You agree that if you have any issues or problems with the Programme or the Service delivery, you will contact Alice Johnstone as soon as possible to communicate this by email, and work collaboratively with Alice Johnstone to resolve the issue or problem in a constructive way. Alice Johnstone in turn commits to resolving issues quickly and effectively and will use all reasonable efforts to ensure that the Client’s experience is a positive one.
4. NO WARRANTIES
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4.1 The Service and access to the Programme are made available to you without warranty of any kind. Alice Johnstone will deliver the service with due care, attention and skill in accordance with the terms of this Agreement.
4.2 In particular, we give no guarantee or reassurance as to the results of participating in the Service. You accept and agree that your entry into this group programme does not guarantee you any specific results in your personal or professional life, career or business growth. The results and benefits received by participants in our group programmes can and do vary.
4.3 Any testimonials provided on our website or otherwise do not and are not intended to represent or guarantee that any other participant in our services will receive the same results or benefits.
4.4 The Service we offer is not tailored to your individual/specific needs. You should always ensure that this content is suitable for your intended use.
5. BREACH OF TERMS
5.1 Where we consider there to be a breach by you of the terms of this agreement, we shall notify you of such breach and invite you to take remedial action within 7 days.
5.2 Where you fail to remedy the breach notified to you under clause 5.1 and to provide us with evidence of the remedial action taken, then we shall be entitled to terminate this contract in accordance with clause 6.2 below.
6. TERMINATION AND REFUNDS
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6.1 We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course. The Company provides a 30-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.
In order to qualify for a refund, you must submit proof that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, within 30 days of enrollment, contact our support team at hello@yourtimepilates.com and let us know you’d like a refund by the 30th day at 11:59 EST. You must complete this form and include your homework with your request for a refund. If you request a refund and do not include your homework by the 30th day, you will not be granted a refund.
The work that you need to submit with your request for a refund includes ALL of the following items:
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Access to Your Big Statement (Format must be PDF or Word)
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Access to the financial vision for your business (Format must be PDF or Word)
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Access to Your I AM statements (Format must be PDF or Word)
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Access to your completed Ideal Client Mapping (Format must be PDF or Word)
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Access to your Social Media Calendar with one month’s content (Format must be PDF or Excel)
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Screenshots of 4 Active Social Media Posts, all promoting your new postnatal classes (directly or indirectly)
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Screenshots of you achieving a 100% pass mark in a minimum of three Assessment modules
We will NOT provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within 30 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
All refunds are discretionary as determined by Alice Johnstone, Your Time Pilates. To further clarify, we will not provide refunds after the 30th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: hello@yourtimepilates.com
6.2 In addition to any other rights or remedies we may have, we may terminate this agreement with immediate effect by giving written notice to you if:
1. you have breached any of the warranties of this agreement;
2. you have acted dishonestly, fraudulently, offensively or in a way which in our reasonable opinion might adversely affect our goodwill or reputation
or our ability to deliver the Service to other participants; or
3. you cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure;
4. you fail to pay the Fee or the Instalment Payments when due (or within days of written notice by us).
6.3 Upon cancellation or termination for any reason:
1. we will disable your access to the programme and any related online forums or membership privileges;
2. you must cease to access the programme;
3. you undertake to destroy any hard copies of the Works in your possession; and
4. you will cease to receive the Service;
7. LIABILITY
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7.1 We need to protect our business and manage our risk. This section does that but please be assured we do not exclude or limit our liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence or for anything that cannot be excluded or limited by English law.
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7.2 We do not accept any liability to you for any: (i) indirect or consequential loss; (ii) loss of profits or loss of business; (iii) loss of goodwill or reputation; or (iv) loss caused by a virus or other technologically harmful material on our website that may infect your computer equipment, programmes or data.
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7.3 Subject to paragraphs 7.1 and 7.2 above, our total liability to you shall be limited to the Fee paid by you under this agreement in the 12 months prior to the event giving rise to a liability.
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7.4 This clause 7 shall survive cancellation or termination of the agreement.
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8. DISPUTE RESOLUTION
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8.1 Although we very much hope a dispute between us will not arise, in case it does we set out below steps to help us successfully resolve this. The CEDR is a professional independent mediation consultancy which helps parties settle disagreements without incurring the cost and expense of litigation. Parties are given the opportunity to express their understanding of the disagreement and an independent mediator helps parties to reach an agreement. Of course, mediation or litigation is the worst-case scenario and in the unlikely event of a dispute we will work with you to try and resolve it.
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8.2 If a dispute arises out of or in connection with this agreement or the performance, validity or enforceability of it (Dispute) then the parties shall follow the procedure set out in this clause 8:
​1. either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, both parties shall attempt in good faith to resolve the Dispute; and
​2. if both parties are for any reason unable to resolve the Dispute within 30 days of it being referred to them, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator shall be nominated by CEDR. To initiate the mediation, a party must serve notice in writing (ADR notice) to the other party to the Dispute, requesting a mediation. A copy of the ADR notice should be sent to CEDR. The mediation will start not later than 30 days after the date of the ADR notice.
8.3 The commencement of mediation shall not prevent the parties commencing or continuing court proceedings in relation to the Dispute under clause 8.2 which clause shall apply at all times.
8.4 If the Dispute is not resolved within 30 days after service of the ADR notice, or either party fails to participate or to continue to participate in the mediation before the expiration of the said period of 30 days, or the mediation terminates before the expiration of the said period of 30 days, the Dispute shall be finally resolved by the courts of England and Wales in accordance with clause 8.3.
9. EXCLUSIVITY
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9.1 This Agreement (and/or the Service) is not exclusive to you. You acknowledge and accept that we provide same and similar services to other participants within the Programme (as well as across our wider business) and to third parties generally. You are responsible for ensuring that you do not enter into any third-party engagement which might cause a conflict of interest with this agreement.
10. GENERAL
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​10.1 No financial burden. You agree that neither your participation in the Programme nor entry in this Agreement or the payment of the Fee or any fees, costs and expenses in connection with the Service and/or this agreement, impose on you any financial burden or shall cause you any financial indebtedness that you are not able to meet.
10.2 Confidentiality. You agree not to share, use, copy, adapt, alter, distribute, duplicate or disclose any confidential information that we share with you (other than where you are required to disclose such information by law). You may be privy to confidential information shared by other participants and you agree to keep this strictly confidential at all times including after termination or expiry of the agreement. Any breach of this clause shall be deemed as a material breach of the agreement giving rise to termination.
10.3 Data Protection: If we pass on any personal data to you during the term of this agreement, you shall only use such data in accordance with our instructions to you relating to such data. You acknowledge and agree that your personal data will be processed by and on behalf of us in order to provide you with the Service. We will comply with our obligations under the Data Protection Act 2018.
10.4 Severance. If any provision in this agreement is found to be invalid, unenforceable or illegal, the other provisions shall remain in force so far as legally possible.
10.5 Variation. We reserve the right to revise and amend the terms of this agreement from time to time for any reason. We will send to you any revised version by email.
10.6 Notices. Notices required to be served under this agreement should be served in writing either personally, by first class post to the addresses specified above or to such other addresses notified to the other in writing. Any such notices shall be deemed to be served 2 days following the date of posting.
10.7 Transfer of rights. We may transfer our rights or transfer all our rights and obligations by novation from time to time. No transfers or novations are permitted by you since this Agreement is personal to you and you may not assign, transfer, sub-contract or delegate in any other manner with this agreement.
10.8 Entire agreement. This agreement sets out the entire agreement between us in relation to your rights as a recipient of the Service. This agreement supersedes any and all prior agreements, communications and proposals. You agree that in entering into this agreement you have not relied on any statement or representation made by any person (including a third party) relating to membership of the group program or provision of the Service.
10.9 Third party rights. Any person not a party to this agreement shall not have any rights under or by virtue of the Contracts (Rights of Third Parties) Act 1999.
10.10 Status. Nothing in this agreement shall create any employment, joint venture, partnership, agency or similar relationship between us. We do not have any right or power to bind each other to any obligation whatsoever.
10.11 Governing Law and Jurisdiction. This agreement shall be governed by English law. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter.