Terms & Conditions

Fit by Wendy is a company registered in United Kingdom. These Terms govern your access to and use of our Services. These Terms set out:
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• your legal rights and responsibilities;
• your legal rights and responsibilities; and
• certain key information required by law

Wendy and her team do not offer medical or professional advice which you should rely on. Before starting any exercise or diet program, you should consult your GP or healthcare professional to determine that this is right for you. If you experience faintness, dizziness, shortness of breath or pain while exercising, stop immediately and seek medical advice. Exercise carries certain risk of injury, and you are under taking these activities at your own risk. Use of any meal plan is entirely your own risk, and you are required to review the contents to verify that any allergies or intolerances that you may have are in line with the plan.

Our Services are not a substitute for medical advice or treatment. Our Services are provided for general information and entertainment purposes only. Please take note of the below list of non-exhaustive risks and requirements when using our Services:
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• I do not provide meal plans, only advice on nutrition from my own experience, certificates I have done and my own knowledge. Allergies and intolerances needs to be taken into consideration at your own risk. Everyone is different and you know your body the best.
• Injuries, illnesses and diseases that may influence the preparation of workout plans must always be communicated in the questionnaire and throughout the program.
• Always make sure that you have enough space when performing any activities.
• Make sure that nothing around you can cause harm or movement impairment.
• As Wendy's program involves heavy lifting, please make sure you have enough strength to be able to lift. If anything does not feel right, or you feel pain, please stop exercising immediately.
• If you choose to use any fitness equipment, doing so is at your own risk.
• Restriction on kcal intake can in some cases lead to anxiety, eating disorders, depression, fatigue and other related mental and physical health issues.
• Always consult a dietician and/or doctor before beginning any fitness or health program in general.

If you agree to receive my paid-for Services (including the fitness coaching service), you will be signed up for payment through a third party service. I use Stripe, a payment system delivered by Stripe Payments UK, Ltd. Stripe is an Irish-American financial services and software and is commonly used around the world. With automatic signup, your card details will be encrypted during transmission. Stripe offers Level 1 certification, ensuring that Fit by Wendy company and your data is secure. Your payment terms will depend on the precise services that are agreed between you and us. These payment terms will be set out in your order confirmation.

You must keep any login details such as username, password and security questions confidential and not disclose them to any other person. If you have any reason to believe that they have been compromised, you must promptly reset them in using our ‘Forgotten Password' feature. You must not under any circumstances allow any other person to access the platform using your login details. Not only will it affect the functionality of the Services as statistics and tracking will not be correct, but you will also be responsible for any actions taken by a person using your user account, whether or not with your knowledge or consent. Allowing others to access the Services using your login details is a breach of these Terms and may result in your right to use the Services being suspended or us ending your right to use the Services.

Fit by Wendy company only use any personal information I collect through your use of our Services in the ways set out in the Privacy Notice. Transmissions are never completely private or secure. This means there is a risk that any information you send using our Services (including our website or app) may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

My Services (including the provided app and website) are protected by copyright, trademark, and other laws. Nothing in these Terms gives you a right to use the Fit by Wendy name or any trademarks, logos, domain names, other distinctive brand features, and other proprietary rights (whether they belong to me or our licensors). All right, title, and interest in and to the Services (excluding content provided by you) are and will remain the exclusive property of me and our licensors.

Any feedback, comments, or suggestions you may provide regarding my Services (including the app and website) is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

We will treat any content you upload via the Services as belonging to me. You must not upload any content unless you have a right to do so and such content complies with the Acceptable Use Restrictions section below

You agree that you will:
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• not sub-license or otherwise make available my Services (including the app or any workout plans) to any person without prior written consent from us;
• not copy the Services (including the app and website), except as part of the normal use of the Services or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the Services(including the app and website);
• not combine or incorporate the Services in or with any other programs, except as necessary to use the Services on devices as permitted in these Terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Services, nor attempt to do any such things;
• comply with all applicable laws and regulations that apply to the technology used or supported by the Services.

You may use our Services (including the app and website) only for lawful purposes. You must:
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• not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
• not act fraudulently or maliciously;
• not access, use, distribute or transmit malicious code, such as viruses, or harmful data, into the any Services (including the app or website) or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the any Services;
• not transmit any material that is defamatory, discriminatory, threatening, obscene, sexually explicit, offensive or otherwise objectionable in relation to your use of any Services;
• not use the any Services in a way that could damage, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence (or the negligence of our employees, agents or subcontractors), or for fraud or fraudulent misrepresentation. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failure to use reasonable skill and care. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen. We are not liable for business losses. The Services (including our app and website) are for domestic and private use. If you use our Services for any commercial, business or resale purpose we will have no liability to you for any indirect or consequential losses, loss of profit, loss of business, loss of anticipated savings, business interruption, or loss of business opportunity. Limitations to the Services. We have not developed our Services to meet your every need. To the extent we provide any personalised exercise routines or nutrition guidance, you recognise that you carry these out at your own risk. If you have any concerns about these Services and your health, you must consult your GP or healthcare professional. You use the information provided through the Services at your own risk. Although we make reasonable efforts to update the information provided by the Services, we make no representations, warranties or guarantees, whether express or implied that such information is accurate, complete or up to date. You may receive advice from third parties through the Services however we accept no liability for any advice received from third parties using the Services. Please back-up content and data used with the app. We recommend that you back up any content and data used in connection with the app, to protect yourself in case of problems with the app or the Services. We are not responsible for delays outside our control. If our supply of the coaching services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to discuss your potential rights to end the contract and receive a refund for any services you have paid for but not received.

I may need certain information from you so that we can supply our coaching services to you, for example, on your body and wellbeing, including height, weight, body statistics, workouts, mood, meals, nutrition and general wellbeing. I will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

Trainerize is powered by Stripe which is secure and stable software totake payments. Direct debit will be set up once you sign up to my app and will be ongoing until you cancel. The billing date is the date you have paid thefirst payment. You will be able to cancel your membership after the agreed period of time.

Early Contract Termination Fee:
If you need to cancel your contract before it's due, please let us know through Trainerize chat.

Unless mutually agreed upon otherwise, if you have any months left, an early termination fee, amounting to 50% of the remaining months we agreed upon when signing up, will be imposed. A revised invoice will be emailed to you to cover the outstanding balance.

If you don't pay the fee, we may have to involve a collections agency, which could lead to a contract breach.

If it's more convenient for you, we can also switch to monthly payments for the remaining months.
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Please request to cancel your membership at least 48 hours before your next billing period or you will be charged for the next billing period.

I do not offer refunds or credits for unused subscription periods, accidental purchases, relocation, general medical conditions, or any similar reasons unless you have a paper from your doctor about your condition.

The only time I would give you a refund is if you don’t have results at the end of the program but you have
- Completed every workout in your training plan
- Managed steps (at least 5 days out of 7)
- Been progressing in your workouts
- Sent me videos of your form so I can provide you feedback
- Tracked calories and stick to your macros within 5g every day
- Completed all the check-ins
- Communicated with me your struggles along the way
- Showed up for the group check-in zoom calls

If you are dissatisfied for any reason, please contact me at hello@fitbywendy.com.

Updated 10/10/2023