Terms & Conditions

TERMS AND CONDITIONS - LIFT / LIFT BODYWEIGHT & BANDS

Though Elizabeth Davies ("the Coach") designs the LIFT programmes ("The Programmes"), participation is of your own accord. You are not obliged to follow any or all of the programme. It is your responsibility to ensure you have medical clearance to exercise.

The Programmes are not designed to be prenatal or postnatal specific but the Coach provides modifications and guidance for pregnant and postnatal clients. It is your responsibility to ensure you have clearance to exercise and no contraindications.

Please use common sense when participating in The Programmes. Consider your level and ability and choose the appropriate level for each exercise. Rest as much as you need to, when you need to. If any of the exercise options provided are not suitable for you, please contact the Coach via email. The Coach will use her best endeavours to provide a suitable alternative.

You perform the exercises and use any equipment at your own risk. You are responsible for making sure that the exercises are carried out in a safe manner. Please ensure you are in a clear space with no obvious hazards, adequate ventilation, appropriate lighting and access to water.

Physical activity, generally, comes with a variety of risks. There is a risk of abnormalities in blood pressure, heart attacks, strokes, and even death. Exercises may lead to musculoskeletal injuries including, but not limited to, muscle tears, tendon and ligament tears, and bone fractures. A physical activity programme may have benefits to the heart, muscles, lungs, joints and many other physiological systems. There may also be benefits psychologically.

Guidelines say that exercise is generally safe and to be encouraged throughout pregnancy unless contraindications apply, but any pregnancy carries a risk of miscarriage or stillbirth. Please observe the talk test as a measure of your intensity; you should be able to keep up a conversation. If you can’t, dial the intensity down. Stay hydrated. Don’t bump the bump. Avoid overheating. If you feel unwell on your back during exercise, change position. You should stop exercising and seek medical advice if you experience any of the following during or after exercise:

Bleeding from the vagina
Feeling dizzy or faint
Shortness of breath before starting exercise
Chest pain
Headache
Muscle weakness
Calf pain or swelling
Regular, painful contractions of the uterus
Fluid gushing or leaking from the vagina

The Coach is not liable for any damages or personal injuries sustained by you during or after participating in The Programmes. You assume full responsibility for any injuries or damages that may occur during The Programmes.

Any nutrition advice provided during The Programmes is not individualised. Neither the Coach nor the nutritionist have any liability for any adverse health effects, illnesses or diseases that may arise from dietary changes made during or after your time on The Programmes.

The exercise instruction and advice presented during The Programmes are for education purposes only, and are in no way intended as a substitute for medical consultation with a qualified healthcare professional. It is highly advised that anyone participating in the LIFT programmes has been cleared by their doctor and has seen or is working in conjunction with a physiotherapist if postpartum and/or experiencing any pelvic, orthopaedic or other symptoms. If at any point during The Programmes you experience pain, symptoms or increased symptoms of dysfunction (e.g. prolapse, incontinence, diastasis recti, pelvic pain or orthopaedic injury) please consult with a healthcare provider and discontinue until you have received professional guidance.

For the monthly LIFT programme, the training block ends on the last day of each calendar month. At that time, the content will be archived. Participants have no access to archived content after that time. The Coach reserves the right to use repeats of previous sessions and training blocks where circumstances require.

The Coach is not insured to accept clients in North America.

When engaging in the LIFTers’ group chat, it is expected you will be polite and civil towards other users.

All content is the property of the Coach and is not to be shared with third parties.

The Coach undertakes to keep your personal information private and confidential.

Your plan (except for the LIFT:Trial plan, and 3 month and 6 month LIFT plans) will automatically renew on the first of each month. You can cancel your plan at any time before the auto-renewal.

You must not share your log-in details with anybody else or allow anybody else to access LIFT via your membership.

No refunds can be issued where you change your mind about wanting access to The Programmes.

By participating in The Programmes, you confirm to abide by these terms.

TERMS AND CONDITIONS - PERSONAL TRAINING

The Client’s personal information will be kept securely, and will remain private and confidential.

The Client must complete a pre-screening form before commencing any exercise programme.

The Client must promptly notify the Coach of any changes to their health which may impact their ability to partake in the programme. If the Client has any doubt as to the relevance of a health change, they must inform the Coach.

The Coach may require a letter of ‘medical clearance’ from the Client’s GP. Any charges are to be paid by the Client.

The Client should attend the personal training session promptly, wearing appropriate clothing, with a water bottle. Dirty footwear should not be worn in the gym.

If the Client wishes to bring a baby or child to a personal training session, they must notify the Coach at least 24 hours in advance.

During any personal training session, responsibility for the safety and welfare of the baby or child rests solely with the Client. The Client assumes full responsibility for any injuries or damages that may occur to the baby or child.

Personal training sessions are sold in blocks of 4 weeks, apart from the Client’s first session which is sold as an ad hoc session. Payment is in advance via invoice. Payment of the invoice secures the booking. The Client and Coach will agree on a regular time slot for these sessions, and it is expected that sessions will be used over a period of 4 weeks, weekly, at the agreed time.

Where the Client gives the Coach at least 24 hours’ notice of the need to change a session time, the Coach will use her best endeavours to provide a make-up session or will roll the session into another week. If less than 24 hours’ notice is given, the Client may forfeit the session. This will be at the Coach’s discretion.

If the Client does not wish to continue for a further 4 week training block, 2 weeks' notice should be given to the Coach, verbally or in writing.

Though the Coach designs the programme, participation is of the Client’s own accord. The Client is not obliged to follow any or all of the programme.

Physical activity comes with a variety of risks. There is a risk of abnormalities in blood pressure, heart attacks, strokes, and even death. Exercises may lead to musculoskeletal injuries including, but not limited to, muscle tears, tendon and ligament tears, and bone fractures. Guidelines say that exercise is generally safe and healthy throughout pregnancy, but any pregnancy carries a risk of miscarriage or stillbirth. The Client performs the exercises and uses any equipment at her own risk and is responsible for making sure that the exercises are carried out in a safe manner.

The Client understands and agrees that the Coach is not liable for any damages or personal injuries sustained by the Client during or after the exercise programme. The Client assumes full responsibility for any injuries or damages that may occur to her during the programme.

Any nutritional content incorporated into the Client’s programme is solely advice, based on current government guidelines. The Client agrees that the Coach has no liability for any adverse health effects, illnesses or diseases that may arise from dietary changes made during or after the Client’s time working with the Coach.

The Client understands that a physical activity programme may have benefits to the heart, muscles, lungs, joints and many other physiological systems. The Client understands that there may also be benefits psychologically.

TERMS AND CONDITIONS - REMOTE COACHING

Elizabeth Davies (“the Coach”) will use her skills and knowledge to design a programme of exercise which will factor in the Client’s goals, fitness levels, availability, any injury or dysfunction, life stage, access to equipment and exercise likes and dislikes. The programme will be made available to the Client via the Coach's online coaching platform, True Coach. The Client must update True Coach during or after each training session in order that the Coach can appropriately progress the programme.

The Client’s personal information will be kept securely, and will remain private and confidential.

The Client must complete a pre-screening form before commencing any exercise programme and/or have a consultation with the Coach via Zoom.

The Coach may require a letter of ‘medical clearance’ from the Client’s GP. Any charges are to be paid by the Client.

Remote coaching is payable monthly by way of recurring invoice. The Client should give 4 weeks' notice if she no longer wishes to continue with remote coaching. There can be no freeze in payment or refund for periods of illness or holiday.

Though the Coach designs the programme, participation is of the Client’s own accord. The Client is not obliged to follow any or all of the programme.

Introduction

This policy deals with how ThisWomanLIFTS handles “Personal Data’ as defined in the GDPR (General Data Protection Regulation). It will inform you as to how I look after your personal data and tell you about your privacy rights and how the law protects you.

Who I am

I am Elizabeth Davies, the owner of ThisWomanLIFTS. I respect your privacy and am committed to protecting your personal data.

Purpose of this privacy notice

This privacy notice applies to the personal data of my website users and other people who may contact me either:

i) through use of this website, including any data provided through this website when you complete an online screening form; or

ii) by electronic means or otherwise to request information from me

and aims to give you information on how I collect and processes your personal data.

Controller

I am the data controller and am responsible for your personal data. I have responsibility for data protection compliance. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the me using the details set out below.

Elizabeth Davies

elizabeth@thiswomanlifts.com

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). I would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact me in the first instance.

Your duty to inform me of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

The data I collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

I may collect, use, store and transfer different kinds of personal data about you which I have grouped together follows:

Identity Data includes first name, last name, username or similar identifier and title.
Contact Data includes address, email address and telephone numbers.
Special Category Data, namely health details.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Profile Data includes your username and password and preferences.
Usage Data includes information about how you use our website.
Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

I also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

When you visit my website I use a third party service, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. I do this to find out things such as the number of visitors to the various pages of my site or what browser is being used. This information is processed in a way which does not identify anyone i.e. does not collect personal data. I do not make any attempt to find out the identities of those visiting my website.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: make an enquiry via my website; complete my online screening form; subscribe to my newsletter or request marketing to be sent to you; give me feedback.

Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:

Technical Data from analytics providers, such as Google, based outside the EU.

Special Category Data from the software which I use for my screening forms, based outside the EU

How I use your personal data

I will only use your personal data when the law allows me to. Most commonly, I will use your personal data in the following circumstances:

Where I need to perform the contract I am about to enter into or have entered into with you.
Where you have consented to the processing of your personal data
Where it is necessary for my legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.

Purposes for which I will use your personal data

I have set out below a description of all the ways I plan to use your personal data, and which of the legal bases I rely on to do so. I have also identified what my legitimate interests are where appropriate.

Note that I may process your personal data for more than one lawful ground depending on the specific purpose for which I are using your data. Please contact me if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the list below.

1. To register you as a new customer, including requiring you to complete a screening form

Type of data: (a) identity, (b) contact, (c) special category - health
Lawful basis: (a) performance of a contract with you, (b) consent
Condition for Special Category Data: explicit consent

2. To manage my relationship with you, including notifying you about changes to my terms or privacy policy

Type of data: (a) identity, (b) contact, (c) profile, (d) marketing and communications
Lawful basis: (a) performance of a contract with you, (b) necessary to comply with a legal obligation, (c) necessary for our legitimate interests (to keep my records updated and to study how customers use my products/services)

3. To administer and protect my business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

Type of data: (a) identity, (b) contact, (c) technical
Lawful basis: (a) necessary for my legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise), (b) necessary to comply with a legal obligation

Opting out

You can ask me to stop sending you marketing messages at any time by contacting me.

My website, like many others, stores and retrieves information on your browser using cookies. This information is used to make the site work as you expect it to. It is not personally identifiable to you, but it can be used to give you a more personalised web experience. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of my website may become inaccessible or not function properly.

Change of purpose

I will only use your personal data for the purposes for which I collected it, unless I reasonably consider that I need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact me.

If I need to use your personal data for an unrelated purpose, I will notify you and will explain the legal basis which allows me to do so.

Please note that I may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

External Third Parties as set out in the Glossary

I require all third parties to respect the security of your personal data and to treat it in accordance with the law. I do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International Transfers

I do not have any group entities outside of the EEA, as such we do not transfer your personal data outside the European Economic Area (EEA).

Data Security

I have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, I limit access to your personal data to third parties who have a need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

I have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where I am legally required to do so.

Data Retention

How long will you use my personal data for?

I will only retain your personal data for as long as necessary to fulfil the purposes I collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, I consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which I process your personal data and whether I can achieve those purposes through other means, and the applicable legal requirements.

Your legal rights

Under certain circumstances, you have rights under data protection laws to:

If you wish to exercise any of the rights set out above, please contact me.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, I may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, I may refuse to comply with your request in these circumstances.

What I may need from you

I may need to request specific information from you to help me confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. I may also contact you to ask you for further information in relation to your request to speed up my response.

Time limit to respond

I try to respond to all legitimate requests within one month. Occasionally it may take me longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Glossary

LAWFUL BASIS

Legitimate Interest means the interest of my business in conducting and managing my business to enable me to give you the best service and the best and most secure experience. I make sure I consider and balance any potential impact on you (both positive and negative) and your rights before I process your personal data for my legitimate interests. I do not use your personal data for activities where my interests are overridden by the impact on you (unless I have your consent or am otherwise required or permitted to by law). You can obtain further information about how I assess my legitimate interests against any potential impact on you in respect of specific activities by contacting me.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that I am subject to.

THIRD PARTIES

Internal Third Parties

Not applicable

External Third Parties

· Health care and other professionals involved in your care

· Service providers acting as processors who provide IT and system administration services.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

thiswomanLIFTs

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Terms & Conditions