I. INTRODUCTION
You are entering into this agreement (“agreement” or “Services Agreement”) with Sitwell Method – Liana Upton. All references in this agreement to “I”, “Me”, “We”, “Us”, and “Service Provider”, “Sit Well” “Sit Well Method” and “Liana Upton” are to be construed as references to SitWell Method – Liana Upton.
All references in this agreement to “You”, “Your”, and “Client” are to be construed as references to those engaging in the services of Sit Well Method.
CHANGES TO TERMS:
Please read these Terms regularly, as they may change at any time. By using the Site after a change in the Terms, you agree to follow and be bound by the Terms as changed.
II. SUMMARY
As my Client, you agree:
You have the power to enter into this contract on behalf of yourself or your organization.
To provide me with everything I need to provide you with the services described.
To stick to the payment schedule described herein.
As your Service Provider, I agree:
I have the experience and ability to perform the services you need from me.
I will respect the confidentiality of any information you give me.
III. SERVICES
I provide equestrian and exercise coaching and consulting services (“Services”) as described herein. I do not and cannot guarantee any specific outcomes in regards to my coaching and consulting services. My coaching and consulting services are advisory and you bear the sole responsibility for implementing my suggestions and tips in your everyday life.
As your coach I will be providing you with guidance, direction and program materials, such a role is advisory. You will be primarily accountable for producing the results during the program. In this way as your coach I seek to educate, train and motivate you in order to help you make changes that last the test of time.
You have indicated you will be purchasing a subscription to SitWell Method. Should you need to contact me, please email me at hello@sitwellmethod.co.uk or tag me in the SitWell Method Facebook group and I will respond within 5 days.
If I am unable to respond to you in the time stated above, I will at least be in touch within a reasonable time period to let you know when you can expect a full response.
I provide these Services without any representations or warranties of any kind, express or implied. While I strive to ensure the information and statements I provide to you are accurate and up to date, I make no representations or warranties in relation to these Services or the information, statements, or materials provided to you as my Client.
In addition to not guaranteeing the accuracy, completeness, or truth of the information provided to you as my Client, none of the information I provide to you, or the communications I have with you as my Client, constitutes, or is meant to constitute, professional legal or medical advice of any kind. Please note, that while I do have experience as a riding coach and exercise coach, I am not a licensed medical or legal professional. Therefore none of the advice or coaching I give should be considered professional medical or legal advice. If you seek medical or legal advice you should seek a professional licensed in your jurisdiction.
RELEASE AND WAIVER OF LIABILITY AGREEMENT IN CONSIDERATION OF the opportunity to participate in SitWell Method and all programs via SitWell Method, herein referred to as “the Program,” made available through www.sitwellmethod.co.uk, herein referred to as “the Platform,” you agree as follows:
1. That you are participating in the training, exercise programs, exercises and events, workshops, and classes offered by SitWell Method and taught by Liana Upton, or guest teachers.
2. You understand it is your responsibility to consult with a physician prior to and regarding your participation in any Exercise Program. You represent and warrant that you are physically fit and have no medical condition that would prevent your full participation in the Program.
3. You understand and acknowledge that Intensity of movement may vary with type of exercise and level of exertion performed. You understand that during exercise programs that some complications may arise. These include but are not limited to: abnormal pain, light-headedness, dizziness, fainting, abnormal heartbeats or blood pressure, heart attack and stroke. You understand and agree that it is your personal responsibility to monitor your level of exertion and stop the activity when appropriate.
4. You understand that you are engaged in online training and you acknowledge that you are not being monitored by any trainer and that there is no liability to the trainer, the Program, SitWell Method or Liana Upton if an injury is sustained.
5. You understand and acknowledge that participation in the Program may be dangerous and may involve risks which include, but are not limited to, bodily injury, partial or total disability, paralysis and death. You also understand and acknowledge that the social and economic losses or damages which can result from those risks and dangers can be severe and that not all such risks and dangers may be known or reasonably foreseeable at this time. You accept the responsibility for injuries, losses, or damages, known or unknown, resulting from all such risks and dangers involved in participation in the Program.
6. You agree to take appropriate precautions for your own health and safety when participating in the Program.
7. You HEREBY RELEASE, WAIVE, AND DISCHARGE the Platform in the conduct of the Program from all liability to SitWell Method and to its conservators, guardians or other legal representatives, and to its personal representatives, assigns, heirs and next of kin for any and all claims, demands, losses or damages on account of any injury, including but not limited to bodily injury, death, or damage to property, arising out of my participation in the Program.
8. YOU ALSO HEREBY AGREE TO INDEMNIFY AND TO HOLD HARMLESS SITWELL METHOD from any claim or demand on account of injury or damage which you may suffer as a result of participation in the Program.
YOU HAVE READ THE ABOVE AGREEMENT OF RELEASE AND WAIVER OF LIABILITY AND UNDERSTAND THAT BY ACCEPTING THESE TERMS AND USING THE SITWELL METHOD WEBSITE, YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS.
IV. COPYRIGHT
Unless otherwise stated, SITWELL METHOD owns the copyrights to all material provided to you as a Client pursuant to the Services described above. Subject to the limited license below, all rights to copyrighted material are reserved.
You may view videos and information provided to you as a Client pursuant to the Services described above, provided that:
you may not republish such pages, materials and information, including republication on another website
you may not reproduce, duplicate, copy, sell, or otherwise exploit the pages, materials, and information provided to you as a Client pursuant to the Services described above for a commercial purpose without the express written consent of SITWELL METHOD.
V. PAYMENTS
Membership to SITWELL METHOD is £74.97 for 3 months, £135.99 for 6 months, and £249.99 for 12 months (unless grandfathered in at a previous price) processed via Stripe. Memberships are recurring until cancelled. See You may cancel your membership at any time. No refunds will be issued on payments already processed. No partial refunds or transfers are allowed.
VI. CANCELLATIONS
If you wish to cancel your membership, you may do so at any time, from which point you will no longer receive materials and access to the private Facebook group will be revoked. No refunds will be issued on payments already processed.
I also retain the right to cancel this agreement at any time.
VII. LEGAL STUFF
I will do my best to ensure all facts and statements provided to you pursuant to this Services Agreement are true and correct to the best of my knowledge. I will do my best to ensure all facts and statements in my work do not infringe upon any copyright or other right of a third party. However, I can’t be liable to you, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages which arise regarding this Services Agreement. You agree to forever indemnify me and hold me harmless from any loss, cost or expense resulting from your activities related to the subject matter in this agreement.
This writing consists of the full agreement between us, the parties. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The headings included in this agreement are to help the reader and are not meant to have any legal effect.
You cannot transfer this agreement to anyone else without my permission. This agreement stays in place and need not be renewed. This agreement cannot be amended by oral agreement and can only be amended in writing with the consent of both parties.
VIII. Health and Safety Obligations
By engaging with the service provider you acknowledge that the equestrian coaching, exercises programs and consulting services provided are not intended to replace riding lessons and appropriate training and that the services provided to you are intended as online guidance and consultancy only with no physical attendances by us.
You remain at all times responsible for your own health and safety obligations both for yourself and others as well as your horse(s).
Well