Terms of Service
These are the terms of the agreement between you and Marshall Coaching. They apply from the moment you create an account. Please read section 7 and section 12 properly, because they are the two that limit what this service is and what we are responsible for.
On this page
- Who you are contracting with
- Who can sign up
- What you get
- Payment and billing
- Your right to change your mind
- Cancelling and pausing
- Health, fitness and medical advice
- Nutritional guidance
- Your part of the bargain
- Progress photographs
- What belongs to us
- Our liability to you
- Availability of the service
- Ending the agreement
- Changes to these terms
- Complaints and the law that applies
1. Who you are contracting with
Marshall Coaching is a personal coaching service operated by Joseph Marshall. In these terms, "we" and "us" means Marshall Coaching, and "you" means the person who has signed up.
You can reach us at joe.marshall18@gmail.com. How we handle your information is set out separately in our Privacy Policy, which forms part of this agreement.
2. Who can sign up
You must be 18 or over to use Marshall Coaching. You must give us accurate information when you sign up and keep it up to date, because the coaching is built on what you tell us.
Your account is for you alone. Do not share your sign-in details, and do not let anyone else train on your programme through your account.
3. What you get
What you receive depends on the tier you choose. The current tiers and prices are shown on the pricing section of our website and are the ones that apply when you sign up.
Coaching tiers include a programme written for you, targets set for you, review of what you log, and replies from your coach. Response times are the ones stated on the pricing page. They are working commitments, not guarantees of an instant reply, and we do not work around the clock.
Coaching is a service, not an outcome. We will apply our judgement and experience properly, and we cannot promise a particular result, because the result depends on what you do between sessions and on things neither of us controls.
4. Payment and billing
Payment is taken by Stripe. Your card details go to Stripe and are never held by us.
Subscriptions renew automatically at the end of each billing period until you cancel. Some tiers bill monthly and some bill every four weeks; which one applies to you is stated at checkout and on your receipt. A four-week cycle means thirteen payments a year rather than twelve, and we say so plainly here so it is not a surprise later.
If a payment fails we will try again and let you know. If it keeps failing, access is paused until it is resolved.
We may change our prices. An existing client's price will not change without at least thirty days' notice by email, and you are free to cancel before the new price takes effect.
5. Your right to change your mind
Because you sign up online, the Consumer Contracts Regulations 2013 give you fourteen days from the day you sign up to cancel for any reason and get your money back.
If you ask us to start coaching straight away, which almost everyone does, you can still cancel within those fourteen days. In that case we may keep a proportionate amount for the coaching already delivered up to the point you told us, and refund the rest. If we have not started, you get everything back.
To use this right, email us within fourteen days. You do not need to give a reason and you do not need to use any particular form of words.
6. Cancelling and pausing
After the fourteen days, you can cancel at any time from Settings or by emailing us. Cancelling stops the next payment. It does not refund the period you are already in, and you keep access until that period ends.
If you need to pause, for injury, illness, travel or anything else, ask. We would far rather pause you than lose you, and we will not make it awkward.
7. Health, fitness and medical advice
Joseph Marshall is not a doctor or any other licensed healthcare provider, and does not diagnose, investigate or treat any medical condition, or judge the effect of any particular exercise on one.
Nothing provided through this service is a substitute for professional medical advice, diagnosis or treatment. You should speak to a qualified medical professional before starting any exercise programme, and you certainly should if you have a pre-existing condition, are pregnant, are recovering from injury or surgery, or are taking medication that affects how you respond to training.
Exercise carries a risk of injury. By taking part you accept that risk and take responsibility for your own safety in the gym.
Stop and seek medical help if you experience chest pain, faintness, unusual breathlessness, or pain that is sharp rather than muscular. Tell your coach as well, so your programme can change.
8. Nutritional guidance
Joseph Marshall is not a registered dietitian, a registered nutritionist or a licensed healthcare professional. Calorie targets, macronutrient splits, meal guidance and any other nutritional information provided here is general educational information. It is not medical nutrition therapy, it is not a dietary prescription, and it is not the practice of dietetics.
It is not intended to diagnose, treat, cure or prevent any disease or condition. Speak to a registered dietitian or your GP before making significant changes to your diet, and particularly if you have allergies or intolerances, a history of disordered eating, diabetes, kidney disease, or any other condition needing specialist dietary management.
9. Your part of the bargain
You agree to:
- Give us accurate information about your health, injuries, training history and circumstances, and tell us when it changes. We cannot coach around something we have not been told about.
- Use the app for its purpose, and not attempt to break into it, disrupt it, or access anyone else's information.
- Keep your sign-in details to yourself.
- Treat your coach civilly. We will do the same for you.
10. Progress photographs
Uploading progress photographs is optional and the coaching works without them.
If you do upload them, you confirm you are happy for them to be stored securely and seen by your assigned coach for the purpose of tracking your physical progress. They are not shared with anyone else. They will never be used publicly, in marketing, on social media or in a testimonial without your separate written permission, which you are free to refuse, and refusing changes nothing about your coaching.
11. What belongs to us
The programmes, protocols, templates, written guidance, the app itself and everything in it remain our intellectual property. You are given a personal licence to use them for your own training for as long as you are a client.
You may not copy, resell, republish or distribute our programmes or coaching materials, or use them to coach other people or to build a competing service. Showing your training to a friend is fine. Handing over the programme is not.
What you log stays yours. You can export it and you can take it with you.
12. Our liability to you
Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded under the law of England and Wales. Any term that appeared to do so would not be valid, and we are not going to pretend otherwise.
Subject to that, we are not liable for losses that were not reasonably foreseeable when you signed up, or for loss of profit, loss of business or loss of opportunity.
Where we are liable, our total liability to you is limited to the amount you have paid us in the twelve months before the event that caused the loss.
Your legal rights as a consumer, including the right to a service carried out with reasonable care and skill under the Consumer Rights Act 2015, are unaffected by anything here.
13. Availability of the service
We aim to keep the app running at all times, and we cannot promise it. It depends on services we do not operate, and it will occasionally be down for maintenance or because something upstream has broken.
Short interruptions are part of any online service and are not a breach of this agreement. If the app is unavailable long enough to materially affect the coaching you have paid for, tell us and we will put it right, whether that means extending your period or refunding part of it.
14. Ending the agreement
You may end this agreement at any time by cancelling, as described in section 6.
We may end it if you break these terms in a serious way, if you do not pay, or if you behave abusively towards your coach. Where the circumstances allow it we will warn you first and give you the chance to put it right. If we end it for any reason other than your own breach, we will refund the unused part of what you have paid.
When the agreement ends, your access to the app ends. Your data is handled as described in our Privacy Policy.
15. Changes to these terms
We may update these terms. If a change materially affects you, we will tell current clients by email at least thirty days before it takes effect, and you may cancel before it does if you do not accept it. The date at the top of this page always shows the current version.
16. Complaints and the law that applies
If something is wrong, email joe.marshall18@gmail.com and we will deal with it. Most problems are a conversation, not a dispute.
This agreement is governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you live in Scotland or Northern Ireland, you keep the right to bring proceedings in your own courts.