BodyCHEK Appointment Terms and Conditions

This document sets out your rights and obligations, and those of BodyCHEK. Please read it carefully before booking an appointment with BodyCHEK. By booking an appointment with BodyCHEK you are deemed to have read and agreed to the terms and conditions (‘Ts & Cs’) set out below.

Definitions

In these Ts & Cs:

‘Appointment’ means a pre-booked appointment comprising any, or any combination of, health, nutrition, exercise, weight management or lifestyle consulting and/or treatment provided by BodyCHEK to the Client

‘BodyCHEK’/‘we’/‘our’/‘us’ means Leigh Brandon trading as BodyCHEK

‘Client’/‘you’/‘your’ means the person wishing to purchase an Appointment from BodyCHEK

‘Price’ is the total cost of the Appointment

‘Representative’ means the person representing BodyCHEK in the provision of the Appointment.

1. Suitability for BodyCHEK Appointments

1.1 We strongly recommend that you consult your doctor before booking an Appointment with us, particularly if you are pregnant, trying to conceive, or are breastfeeding, or if you have any unusual symptoms or a diagnosed medical problem. Do not cease or alter conventional treatment or medication for any reason without consulting your doctor.

1.2 You should contact your Representative if you have any questions about your Appointment. You may be asked by your Representative to book further chargeable Appointments to deal thoroughly with any issues raised by your questions so as to best help you achieve your desired results.

1.3 You agree that you are responsible for your own results by following the Programme as directed by your Representative.

2. Basis of Sale

2.1 BodyCHEK reserves the right to make any changes in the specification of the Appointments that are required to conform with any applicable statutory or EC requirements, or which do not materially affect the nature or quality of the Appointments.

2.3 Any typographical or other error or omission in any sales literature, quotation, price list, invoice, or other document or information issued by BodyCHEK will be subject to correction without any liability on the part of BodyCHEK.

3. Appointment Bookings and Payment

3.1 No Appointment booking requested by the Client will be deemed to have been accepted by BodyCHEK until confirmed verbally or by email by the Representative.

3.2 An Appointment booking will be accepted only on payment of the full Price by cash, cheque, debit or credit card at the time of booking the Appointment

3.3 The Price will be as quoted to you by the Representative at the time of booking.

3.4 BodyCHEK reserves the right to refuse any Appointment booking in the interests of both Client and Representative safety. In the event that you have already paid for such Appointment, and where fault is not with you, a full refund will be given.

4. Appointment Cancellations

4.3 Any Appointment cancelled or postponed by you within 24 hours of the start time of the scheduled Appointment, or any non-attendance by you at an Appointment, will be deemed a late cancellation. Any late cancellation will result in the Appointment being deemed as used, and you will not be entitled to a refund for such Appointment.

4.4 Minor illness, family or work commitments, or adverse weather conditions will not exempt you from a cancellation or postponement being deemed a late cancellation in accordance with Clause 4.3. Exemption from a late cancellation will be your Representative’s sole discretion.

4.5 Should a Representative be the cause of a late cancellation, you may choose to receive a full refund of the value of the Appointment or book an alternative Appointment.

5. Liability

5.1 BodyCHEK will provide the Appointment to you using reasonable care and skill and, as far as reasonably possible, in accordance with the information provided by you. You understand that Representatives are not medically qualified and do not medically diagnose any condition or symptom, and that a BodyCHEK Appointment is not intended as a diagnosis, prescription, treatment or cure for any disease or as a substitute for regular medical care.

5.2 BodyCHEK will have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by you which are incomplete, incorrect, inaccurate, illegible, or arising from their late arrival or non-arrival, or for any other fault of yours.

5.3 BodyCHEK will not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Ts & Cs, for any loss of profit or any loss, damage, costs, expenses or other claims (including indirect, special or consequential loss, damage, costs, expenses or claims) whether caused by the negligence of BodyCHEK or its Representatives which arise out of or in connection with the provision of the Appointment or its use by you, and the entire liability of the BodyCHEK under or in connection with these Ts & Cs will not exceed an amount equal to BodyCHEK’s charges for the provision of the Appointment.

5.4 BodyCHEK will not be liable to you or be deemed to be in breach of these Ts & Cs by reason of any delay in performing, or any failure to perform, any of BodyCHEK’s obligations in relation to the Appointment, if the delay or failure was due to any cause beyond BodyCHEK’s reasonable control.

6. Client Confidentiality

6.1 All Client information acquired in relation to the Appointment will be treated as confidential by BodyCHEK. BodyCHEK will not use or disclose such information except with the prior written consent of the Client, or in accordance with the order of a court of competent jurisdiction, or as otherwise required by law.

7. General

7.1 These Ts & Cs will be binding to the exclusion of any other terms including without limitation any conditions, warranties or representations written or oral express or implied and including any written terms and conditions previously produced by the BodyCHEK to the Client. This does not affect your statutory rights as a consumer.

7.2   No failure or delay by BodyCHEK in exercising any of its rights under these Ts & Cs will be deemed to be a waiver of that right, and no waiver by BodyCHEK of any breach of these Ts & Cs by the Client will be considered as a waiver of any subsequent breach of the same or any other provision.

7.3 No variation or qualification of these Ts & Cs will be binding upon BodyCHEK unless otherwise agreed in writing by BodyCHEK and the Client prior to the Appointment.