Trevor Watkinson, trading as The Watkinson Method
Terms of Service
These Terms govern the supply of the 4 Week Intensive to the Client. Please read them before purchasing. They set out what is included, what each party is responsible for, and the circumstances in which fees are and are not refunded.
01The agreement
- 1.1These Terms govern the supply of coaching services by Trevor Watkinson, carrying on business as The Watkinson Method (the Coach) in British Columbia, Canada, contactable at trevor@thewatkinsonmethod.ca, to the person who purchases those services (the Client).
- 1.2By completing a purchase, submitting the intake form or attending a session, the Client accepts these Terms. They form the entire agreement between the parties for the supply of the Services.
- 1.3A copy of these Terms is sent to the Client by email on purchase and remains available at this address.
- 1.4The Coach may amend these Terms at any time. An amendment applies only to purchases made after it is published and does not alter the terms of a program already underway.
02The Services
- 2.1The Services are the 4 Week Intensive: one to one coaching covering training, nutrition, recovery and direction, delivered online. In person coaching is available in some locations by arrangement and is quoted separately.
- 2.2The Services begin on the date of the first coaching session (the Initial Session), which the Client books on completing the intake form, and run for four weeks from that date (the Program Term).
- 2.3The Client receives an assessment, a recorded baseline, a training plan and a nutrition plan, each prepared at or immediately following the Initial Session, together with weekly adjustment of those plans and messaging access to the Coach for the duration of the Program Term. Any plan, document, video or other content the Coach provides is referred to as the Materials.
- 2.4The Coach may vary the delivery, structure or scheduling of the Services where, acting reasonably, he considers the variation necessary or beneficial to the Client, provided the substance of the Services is not reduced.
- 2.5The Services are personal to the Client and may not be transferred, shared, resold or assigned to any other person without the written consent of the Coach.
03Not medical or clinical services
- 3.1The Coach is a fitness professional. The Coach is not a physician, dietitian, physiotherapist, psychologist or other regulated health practitioner, and does not hold himself out as one.
- 3.2Nothing provided under these Terms constitutes medical advice, diagnosis, treatment, therapy, prescription or a substitute for advice from a qualified health practitioner.
- 3.3The Client should obtain clearance from a physician before beginning the Services, and must do so where the Client has, or suspects the Client has, any injury, illness, diagnosed condition, pregnancy, or any condition for which the Client is receiving treatment or medication.
- 3.4Where a matter arises during the Program Term that in the reasonable opinion of the Coach requires assessment by a qualified health practitioner, the Coach will refer the Client accordingly and may suspend delivery of the Services until that assessment has taken place.
04Client eligibility and disclosure
- 4.1The Client confirms that the Client is at least 18 years of age and has legal capacity to enter into this agreement.
- 4.2The Client must complete the intake form fully and accurately before the Initial Session, and must disclose any injury, condition, medication, allergy, dietary restriction or other circumstance relevant to the safe delivery of the Services.
- 4.3The Client must notify the Coach promptly of any change to that information, and of any pain, injury, adverse reaction or symptom experienced during or following any session or any part of a plan.
- 4.4The Coach relies on the information the Client provides, and is not responsible for any loss or injury arising from information the Client fails to disclose or discloses inaccurately.
05Client obligations
- 5.1The Client is responsible for the Client’s own performance of the training and nutrition plans and for exercising judgment about the Client’s own capability on any given day.
- 5.2The Client must stop any exercise or protocol that causes pain, dizziness, breathlessness beyond ordinary exertion, or any other symptom of concern, and must report it to the Coach.
- 5.3The Client must conduct themselves respectfully toward the Coach, and must comply with the rules of any gym or facility the Client chooses to train in.
06Fees, payment and taxes
- 6.1The total price is the amount stated on the checkout page at the time of purchase, in Canadian dollars. Applicable taxes are calculated and displayed at checkout.
- 6.2Fees are payable in full at the time of purchase. The Services are not delivered until payment has been received in full.
- 6.3Promotional pricing, including any introductory rate offered to a limited number of purchasers, is available only while that offer remains open, and is not applied retroactively or extended once closed.
- 6.4The Client is responsible for any fee, charge or currency conversion applied by the Client’s own payment provider.
07Scheduling, rescheduling and missed sessions
- 7.1The Client books the Initial Session on completion of the intake form. Remaining sessions are scheduled between the Client and the Coach.
- 7.2A session may be rescheduled without charge where the Client gives at least 24 hours notice.
- 7.3A session that the Client misses, or cancels on less than 24 hours notice, is treated as delivered and is not refunded, credited or rescheduled, except where the Coach agrees otherwise in writing.
- 7.4Where the Coach cancels or reschedules a session, that session is rescheduled at no cost to the Client.
- 7.5The Program Term is not extended by reason of sessions the Client misses. The Coach may, at his discretion and on written request, extend the Program Term where the Client is prevented from attending by illness, injury or other substantial cause.
08Cancellation by the Client and refunds
- 8.1The Client may cancel this agreement and receive a full refund at any time before the Initial Session takes place. Notice of cancellation must be given in writing to trevor@thewatkinsonmethod.ca.
- 8.2All sales are final once the Initial Session has taken place. The assessment is performed, the baseline is recorded, and the training plan and the nutrition plan are prepared and delivered at or immediately following that session. The substantial part of the Coach’s work is performed at the beginning of the Program Term rather than spread evenly across it.
- 8.3No refund, credit or partial refund is given for a change of mind, for sessions the Client does not attend, for failure to follow the plans provided, for dissatisfaction with the rate of progress, or for any outcome that depends on the Client’s own compliance.
- 8.4This clause does not limit any right the Client has under the Business Practices and Consumer Protection Act (British Columbia) or any other applicable consumer protection legislation.
09Cancellation by the Coach
- 9.1The Coach may terminate this agreement immediately on written notice where the Client materially breaches these Terms, provides false or misleading information, behaves abusively toward the Coach or any third party, or where continued delivery would in the reasonable opinion of the Coach be unsafe.
- 9.2Where the Coach terminates under clause 9.1, no refund is payable except to the extent required by applicable law.
- 9.3Where the Coach is unable to deliver the remainder of the Services for any other reason, the Coach refunds the portion of the fee attributable to the Services not delivered, calculated on a pro rata basis by reference to the sessions remaining.
10No guarantee of results
- 10.1Results from coaching depend on factors outside the Coach’s control, including the Client’s compliance, physiology, medical history, sleep, stress, work, and circumstances arising during the Program Term.
- 10.2The Coach makes no representation, warranty or guarantee as to any specific result, and no statement made by the Coach, on his website, or in any marketing material is to be construed as a guarantee of any particular outcome.
11Assumption of risk and release
- 11.1The Client acknowledges that physical exercise and dietary change carry inherent risk, including the risk of muscular injury, joint injury, aggravation of an existing condition, cardiac event and, in rare cases, serious injury or death.
- 11.2The Client voluntarily assumes those risks and participates at the Client’s own risk.
- 11.3To the maximum extent permitted by law, the Client releases the Coach and his employees and contractors from all claims arising from injury, loss or damage sustained in connection with the Services, other than a claim arising from gross negligence or wilful misconduct.
- 11.4Nothing in this clause excludes or limits liability that cannot lawfully be excluded or limited.
12Limitation of liability
- 12.1To the maximum extent permitted by law, the total aggregate liability of the Coach arising out of or in connection with this agreement, whether in contract, tort, statute or otherwise, is limited to the total amount the Client paid for the Services.
- 12.2The Coach is not liable for indirect, incidental, special, consequential or punitive loss, or for loss of income, profit, opportunity or data, however arising.
- 12.3Nothing in this clause excludes or limits liability for death or personal injury caused by negligence, for fraud, or any other liability that cannot lawfully be excluded or limited, including rights under the Business Practices and Consumer Protection Act (British Columbia).
13Indemnity
- 13.1The Client indemnifies the Coach against any claim, loss, liability or expense arising from the Client’s breach of these Terms, from information the Client failed to disclose or disclosed inaccurately, or from use of the Materials by any person other than the Client.
14Personal information
- 14.1The Coach collects, uses and discloses personal information in accordance with the Personal Information Protection Act (British Columbia), and only to deliver the Services, administer the Client’s account and communicate with the Client.
- 14.2The Coach does not sell personal information and does not disclose it to any third party except where required by law, or to a service provider engaged in the delivery of the Services and bound to protect it.
- 14.3The Coach retains personal information only for as long as is necessary for those purposes or as required by law. The Client may request access to, or correction of, the Client’s personal information by writing to trevor@thewatkinsonmethod.ca.
15Media, results and testimonials
- 15.1The Coach will not publish the Client’s name, image, measurements, photographs or results without the Client’s prior written consent.
- 15.2Consent is voluntary, may be withheld or withdrawn at any time, and has no effect on the Services the Client receives.
16Intellectual property
- 16.1All Materials remain the property of the Coach. The Client receives a personal, non transferable, non exclusive licence to use the Materials for the Client’s own purposes.
- 16.2The Client must not copy, distribute, publish, resell or otherwise make the Materials available to any other person.
17Communications
- 17.1The Client may message the Coach on any day of the Program Term. The Coach responds during ordinary business hours.
- 17.2The Services are delivered by an individual coach rather than a staffed support desk, and a reasonable response time applies.
- 17.3Messaging access ends on the final day of the Program Term unless the Client purchases further services.
18Force majeure
- 18.1Neither party is liable for any failure or delay in performance caused by an event beyond that party’s reasonable control, including illness, injury, facility closure, power or network failure, natural event or act of government. Where such an event prevents delivery, the Coach reschedules the affected sessions or, where rescheduling is not practicable, refunds the portion of the fee attributable to the Services not delivered.
19General
- 19.1If any provision of these Terms is found to be unenforceable, that provision is severed and the remaining provisions continue in full force.
- 19.2A failure or delay by the Coach in enforcing any provision is not a waiver of that or any other provision.
- 19.3The Coach may assign this agreement to a successor in connection with a reorganisation or sale of the business. The Client may not assign this agreement.
- 19.4Nothing in these Terms creates a partnership, employment relationship or agency between the parties.
20Governing law and disputes
- 20.1These Terms are governed by the laws of British Columbia and the federal laws of Canada applicable in that province, and the parties submit to the exclusive jurisdiction of the courts of British Columbia.
- 20.2The parties agree to attempt in good faith to resolve any dispute directly before commencing proceedings.
- 20.3Nothing in these Terms removes, limits or waives any right the Client has under the Business Practices and Consumer Protection Act (British Columbia) or any other applicable consumer protection legislation.
21Contact
- 21.1Questions about these Terms, notices of cancellation and requests relating to personal information should be sent by email to trevor@thewatkinsonmethod.ca.
Provided for convenience. It does not form part of the agreement, and where it differs from the clauses above, the clauses above apply.
Cancel any time before your first session and you receive a full refund. Once that first session has taken place the sale is final, because your assessment, your baseline and both of your plans are already delivered. Give 24 hours notice to move a session. Tell your coach about anything that affects your health, see your doctor before you start, and understand that your results depend on what you do. Nothing here removes your rights under BC consumer protection law.