T&C

Please read the Terms & Conditions

 

1 Introduction
1.1 Thank you for visiting www.louiseloughlin.com(“the Website”).  The Website is operated and owned by Louise Loughlin of F.A.B (“I”, “my” or “F.A.B”).
By reading information on The F.A.B Project via the Website, https://www.louiseloughlin.com you agree to follow the instructions provided on the Website and agree to the following Terms and Conditions.  Once your application for a service from F.A.B has been accepted by F.A.B in accordance with these Terms and Conditions, you shall become a client of F.A.B (“you”, “your”, or “client”).
1.2. PLEASE MAKE SURE YOU READ THESE TERMS AND CONDITIONS (“Terms”) in conjunction with the Disclaimer and the Privacy Policy on the Website, as both the Disclaimer and the Privacy Policy are incorporated in to these Terms and it is important that you read and understand the Disclaimer and Privacy Policy in addition to these Terms as you will be bound by these in your arrangements with me. By registering to become a client with me and using the Website, you are agreeing to be bound by these Terms, as well as the terms of the Disclaimer and the Privacy Policy and warrant that you have the right, authority and capacity to enter into and be bound by these Terms. If you do not wish to be bound by these Terms and any other documents referred in these Terms, then please do not submit an application to register for coaching.
1.3 I may change my Terms from time to time and may do so without notice. I will let you know what these changes are by updating them to this page, but it is your responsibility to check for updates. Changes will become effective as soon as they are posted on this page, therefore if you continue to use the Website after the posting of these changes to the Terms, it means that you accept such changes.
1.4 You must be at least 18 years old to use the information on this Website and to apply for any services with F.A.B.  F.A.B reserves the right to deny services to anyone and to refuse any applications for services, in its own discretion, and no-one shall become a client of F.A.B until they receive a confirmation email from F.A.B confirming that their application to become a client has been accepted.  Once an applicant has been contacted by F.A.B confirming that their application for services has been accepted, then that applicant shall become a ‘client’ of F.A.B and subject to the provisions of these Terms.
1.5 Any information given freely on the website or any programs advised via any of my services are for information purposes only, and are written with drug free athletes in mind. I do not condone the use of any performance enhancing drugs and using these is at your own risk.

 

2 Privacy Policy
2.1. I take your privacy very seriously and agree to only use your Personal Information in accordance with my Privacy Policy set out on this Website. Please read my Privacy Policy to see how I use your Personal Information.
 

3 Links
3.1 My Website may include links to, or details of information provided from other resources or internet sites. You take full responsibility for the use of any other sites and for using (or making the decision to use) any information obtained from such sites, purchase any of the products or services mentioned on another internet site and I shall not be liable in relation to any information provided on sites linked through from the Website. Remember your contract for any such other products and services will be with the provider of that internet site, not with me.
3.2. I am happy for you to link to my Website if you comply with the provisions of this Clause 3, and all applicable laws. Any site, service, company or individual that links to my Website must not:3.2.1 change, alter or distort any content on the Website;3.2.2 misrepresent its relationship, or present false information about F.A.B and/or any third parties referenced on the Website or information regarding other Clients;3.2.3 be a site that does not comply with all relevant laws and regulations or a site that contains content which could be considered as distasteful or offensive.If you breach any of the terms in this Clause 3, I have the right to require your link(s) to be removed and to take any appropriate legal action.

4 Pre Activity Readiness-Questionnaire (“PAR-Q”)
4.1 Prior to acceptance of your application for a F.A.B service, I collect information about your health and medical history so that I have as much relevant information as possible to provide with a suitable and safe exercise program, based on the information you provide to me.  If you agree to any of the following statements I will be unable to accept your application for coaching and I strongly recommend that you seek medical advice before undertaking any exercise program or strenuous physical activity.
By signing up for any of my services, you agree that your physician has stated you are able to undertake an exercise program if you have any of the following issues:
4.1.1 a doctor or medical professional has ever diagnosed you with a heart condition and indicated you should restrict your physical activity;4.1.2 when performing physical activity you frequently feel pain in your heart and/or chest;4.1.3 when you are not engaging in physical activity, you have experienced heart and/or chest pain in the past month;4.1.4 you ever faint or get dizzy and lose your balance;4.1.5 you have an injury or orthopaedic condition, such as a back, hip or knee problem, which may worsen due to a change in your physical activity;4.1.6 you have high blood pressure and/or a heart condition in which a Doctor or Medical Professional is currently prescribing medication;4.1.7 you are pregnant, or think you may be pregnant;4.1.8 you have insulin dependent diabetes;4.1.9 you are over the age of 65 and not accustomed to vigorous exercise; 4.1.10 you know of any other good reason you should not exercise or increase your physical activity even if you wanted to.

By signing up for a service you also accept full responsibility for any loss or damage as a result of the above issues, or anything else. The advice I give is for informational purposes only and is not to replace the advice of your doctor.
4.2 I may ask you to provide me with an update to the PAR-Q information that you provide to me when submitting your application for services.  If I am concerned with any of the responses I receive to any updates of this information, I reserve the right to terminate service in accordance with Clause 7.5.

 

5 F.A.B Services
5.1 F.A.B can change any paid-for service detailed on the Website or in any pre-contract information (including these Terms), at any time. Prices charged will be those confirmed to you at the time you submit your application for coaching and the prices mentioned below are by way of example only.  I may make offers for Trial Services (defined below) to new users at any time – conditions applicable to each Trial period offer are set out in Clauses 5.2 to 5.5 below.
No refunds shall be given for any unused remaining period of your service.

7 Payment Terms
7.1 Failure by the client to use any of the services available for a client through its subscription to F.A.B does not relieve the client of their payment obligations under these Terms.
7.2 Potential customers can pay by Credit Card or Debit Card.  Payment details, together with details of the subscription package applied for, shall be collected by me through my secure financial data collection mechanism, which transfers the details of the potential registrant and/or client’s financial data (as well as subscription package data) to PayPal for processing. The potential registrant / client acknowledges that I hold data regarding the coaching package that is being signed up to by the potential registrant / client, in addition to the last four digits and the expiry date of the card used to purchase the subscription package together with details on when payment of Fees are due.  The potential registrant / client further acknowledges and agrees that by sending their request for a specific coaching package, that payments for Fees are due in accordance with that specific coaching package (unless the package is cancelled in accordance with these Terms) and therefore authorises the payment collection terms applicable to that specific subscription package (e.g. on a monthly basis or just as a single payment for a single package service) so that PayPal/SWIPE can collect the payment for Fees from the client’s Credit Card or Debit Card provided for payment through PayPal/SWIPE, for PayPal/SWIPE to forward payment of the Fees to me directly.
The potential registrant and/or client shall NOT send credit card details to The F.A.B Project directly by email or any other publically interceptable means, electronically or otherwise. All credit card transactions shall be processed through PayPal or SWIPE. The F.A.B Project cannot be held responsible for the security of, or the misuse of, credit card or other personal information.
7.3 Potential registrants and/or Clients should be aware that further terms and conditions required by PayPal, and can be found at www.paypal.com and SWIPE at www.swipe.com
7.4 F.A.B reserves the right to immediately terminate a client’s account and/or service for any unpaid (in whole or part) period of coaching (with or without notice). Termination of service in no ways relieves or excuses the client from any obligation to pay outstanding charges or expenses. In the event F.A.B starts collection processes of any type, the client shall be liable for all collection costs, including reasonable legal fees and expenses.
7.5 F.A.B reserves the right to terminate a client’s account and/or service for any reason, on serving notice to the client at any time by email to the client.
7.6 F.A.B reserves the right to terminate a client’s account and/or service immediately if a client has used the Website for unsuitable or inappropriate means or has behaved in an unsuitable manner, as determined by F.A.B in its entire discretion.  The client shall not be entitled to any refund of Fees if F.A.B terminates services in accordance with this Clause 7.6.
7.8 The Fees chargeable to paid-for coaching may exclude or include any applicable value added tax (VAT), or any other applicable tax or levy, that F.A.B may charge in addition to the Fees.
7.9 F.A.B does not give refunds. This is to:

  • Ensure commitment on both my part and the client's part. The option of a refund can sometimes give an easy 'out' where there should be the willingness to commit, work together, and achieve something.

  • To reduce the risk of potential clients receiving detailed coaching input, programming and time investment from me, who have no intention of paying for it.

7.10 All F.A.B payments that include a recurring element and fall due each month require 7 days advance notice to be cancelled. F.A.B reserves the right to request 7 days advance notice prior to the termination of service and payment. This is to prevent me from wasted time investment in preparing for your next phase of coaching, which I will usually start to do around the 7 days prior to the current phase finishing.

8 My content
8.1 The copyright, trade marks, designs and any other intellectual property rights (“Intellectual Property Rights”) within this Website are owned by F.A.B or by third parties that have given me permission to use them. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms or by F.A.B with explicit prior written consent. Any unauthorised use of the images or other content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes. You acknowledge that damages may not be an adequate remedy for any infringement of my Intellectual Property Rights and that I shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of Intellectual Property Rights by you and that no proof of special damages shall be necessary for the enforcement of these rights.

9 Your content
9.1 By registering for a service at F.A.B you give permission for F.A.B to publish and reproduce your photographs in future articles. If you have any contention about anonymity, you may contact F.A.B and request that you are given a pseudonym or your identity is protected in the photos.

11 Liability
11.1. Please see my separate document which details my Disclaimer in relation to the Website. This applies for all services I offer, and the advice given is for informational purposes only.
11.2 F.A.B shall operate the Website and provide the services set out on the Website with reasonable skill and care.
11.3 In addition to the terms of the Disclaimer, I shall not be liable for any dissatisfaction the client may suffer in connection with the Website and/or services of F.A.B.
11.4 Nothing in these Terms shall exclude or limit my liability for (a) death or personal injury caused by my negligence (as such term is defined by the Unfair Contract Terms Act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
11.5 Subject to the foregoing, I will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the services offered by the Website or the Website itself in any way or in connection with the use, inability to use or the results of use of this Website.
11.6 Subject to the foregoing, my liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount of Fee paid (if any monies have been paid to me) in the calendar month prior to any such liability being incurred, if any, by you to me for the service offered on the Website during the term of a client’s coaching package.
11.7 By agreeing to these Terms, clients agree to fully and effectively indemnify me against all third party claims, costs, losses and/or liabilities relating to this contract and a client’s usage of the Website or actions in relation to the Website.

12 General
12.1 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
12.2 In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of this are received by either of the parties from any relevant competent authority it may be severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
12.3 These Terms, and any document referred to herein, represent the entire agreement between me and the client for the provision of any services and the Website and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing, in relation to the services. The client acknowledges that, in entering into the contract with F.A.B on these Terms, that it has not relied upon any representation, undertaking or promise by F.A.B or be implied from anything said or written between the parties prior to the contract being finalised, except as expressly stated in these Terms. The client shall have no remedy in respect of any untrue statement made by F.A.B, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the client’s only remedy shall be for breach of contract as provided in these Terms.
12.4 These Terms are made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else who is not a party to it and the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply.
12.5 These Terms and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of Ireland and the EU.  The parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or the subject matter contained within the Terms.