Service Agreement

She Thrives Limited

Service Agreement

This agreement ("Agreement") is made between She Thrives Limited, a company registered in the England with company number 14657234 and the registered address The Old Post Office, 41-43 Market Place, Chippenham, SN15 3HR, United Kingdom ("Company", “we”), and you ("Client", you”), collectively referred to as "Parties." This Service Agreement should be read together with our terms and conditions, privacy policy and cookie policy which are available on our website https://shethrives.co.uk/ (“Website”).

1. Programme Description and Access

1.1 The Company offers the Binge to Balance™ programme ("Programme") to help people thrive in life through behaviour change via a variety of services and content on our Website (“Services”). Our Services are designed to support a positive relationship with food and body image, mental wellbeing, and self-confidence. The Programme consists of a meticulously crafted collection of 12 modules that incorporate a range of valuable resources such as video lessons, supplementary materials, and interactive exercises (“Programme Material”) The Programme is designed to offer valuable support and information to clients in regards to binge eating, overeating, emotional eating, a preoccupation with food, yo-yo dieting, negative body image and related challenges. However, it is important to note that this Programme is not a weight loss programme. The Client understands that weight gain may occur during the course of the Programme.

1.2 Access to the Programme is available through a personalised 26 week coaching package that revolves around the Binge to Balance™ programme and 1:1 coaching sessions. This provides Clients with individualised guidance and support that is specifically tailored to their unique needs and circumstances, designed to improve engagement with and the effectiveness of the Programme.

1.3 It is important to note that all the information provided within the Programme is intended solely for informational purposes only. This information is derived from the extensive experience and expertise of Rachael Wrigley, the creator of the Programme. Rachael has accumulated a wealth of proficiency in working with women affected by disordered eating and negative body image allowing her to offer comprehensive insights and practical strategies to participants in the Programme. Clients will have access to the Programme Materials (not including 1:1 coaching and support) post-graduation of Module 12 for up to 12 months. An extension of access to programme material can be granted at the discretion of the Company after conducting a re-assessment with the client.

1.4 Client may have access to group discussions with other members of the Binge to Balance programme, moderators, and Binge to Balance coaches, depending on the package Client is enrolled in. These groups are designed to provide the Client with information and support regarding their health and wellbeing-related issues and goals. Company reserves the right to remove Client from any group at any time. The Company may engage or replace any coach with another coach or coaches without notice. Coaches are not licensed medical professionals and any information provided by coaches should not be interpreted as medical advice. Coaches cannot offer advice regarding diagnosis or treatment of any medical or mental health condition or illness. Under no circumstances will any of your interactions with any coach be deemed or construed to create a physician-patient or therapist-client relationship or a legal duty of care of any kind.

1.5 The Programme and Company’s Services are evolving. The Company may update the Services or Programme at anytime by notifying the Client (“Update”). Client understands that the Company is not liable to the Client or to any third party for any modification, update, suspension, or discontinuation of any part of the Services or Programme. Continued use by the Client following any Update shall signify acceptance of the Update by the Client.

2. Eligibility and Programme Enrolment

2.1 To participate in the Programme, individuals must undergo a self-qualification process and meet the eligibility criteria set forth by the Company.

2.2 Eligibility requirements:

a) Clients must be at least 18 years old, reflecting the need for maturity and understanding to fully engage with and benefit from the Programme.

b) The Programme is not suitable for anyone that is pregnant.

c) Individuals must have a BMI (Body Mass Index) of 19 or higher. This Programme is strictly not suitable for anyone who is clinically underweight or at risk of becoming clinically underweight. If you have weight related health or mobility concerns then this programme may not be ideal for you. Note: There is no upper limit on the BMI criteria as the majority of the Programme content is deemed beneficial for individuals seeking to improve their relationship with food and body image, irrespective of BMI. However, it should be noted that certain aspects related to body image may not be relevant for participants with weight-related health or mobility issues. If you have weight-related health concerns, please consult with a medical or healthcare professional to determine if this Programme is right for you. No refunds will be issued for discontinuation due to weight gain, weight-related health concerns, or non-applicability of specific body image aspects.

d) Clients should not suffer from Anorexia Nervosa or Bulimia Nervosa or any other diagnosable eating disorder.

e) Clients should not have an underlying medical condition requiring a very restrictive diet or specialised nutritional therapy. This Programme offers general nutritional guidelines only. If you have a medical condition or take medication affecting your diet, appetite, relationship with food, or weight, this Programme may not be suitable. Please contact us at [email protected] for discussion and consult your doctor before beginning any health or wellness service.

f) Clients should not have medical reasons to avoid refined sugar. If you have to avoid refined sugar or ultra-processed foods, then restrictions of this nature are not compatible with this Programme. This criterion ensures that the programme is suitable for individuals without specific dietary restrictions or medical conditions that may require specialised attention.

g) Clients with mental health conditions must be under professional care. While participation is open, it is crucial to assess the programme's suitability for your specific needs with your healthcare provider. This programme is not a replacement for professional mental health care. The pre-designed Programme process requires your assessment for safety and suitability before and during participation. The Company does not provide health advice; please rely on your healthcare professional.

2.3 Weight Goals and Programme Focus: This is not a weight or body composition change programme. Clients should not enrol with the expectation of achieving specific weight or body composition goals. Participants may experience changes in weight or body composition during the programme, including weight loss, weight gain, fluctuations, or stability. These outcomes are subject to numerous individual factors. Efforts to control weight changes or body composition are contrary to the programme's principles and objectives. Individuals seeking to control or change their weight or body composition are advised not to enrol in this Programme.

2.4 Enrolment Rights: The Company reserves the right to decline enrolment to any Client who does not fulfil the specified criteria. By implementing this selection process, the Company ensures that the Programme is offered to individuals who are most likely to benefit from its content and achieve positive outcomes.

2.5 Before 1:1 Coaching can commence; an initial assessment procedure is mandatory. This assessment serves the purpose of evaluating the suitability of the Client for the Programme and determining whether 1:1 coaching is the most appropriate approach for their specific needs. The Company exercises its discretion to carefully assess each individual Client and make an informed decision regarding their compatibility with 1:1 coaching. This ensures that Clients receive tailored guidance and support that aligns with their unique circumstances and maximises the effectiveness of their coaching experience.

3. Programme Access and Intellectual Property

3.1 Once the Client has successfully enrolled in the Programme, they will be granted access to a comprehensive range of Programme Materials. It is important for the Client to recognise and acknowledge that all the Programme Material provided as part of the Programme is protected by the copyright laws applicable within the United Kingdom, ensuring the intellectual property rights in the Programme and Programme Material belong absolutely to the Company.

3.2 The Client explicitly agrees to refrain from engaging in any unauthorised activities related to the Programme Materials. This includes but is not limited to reproduction, distribution, modification, or creation of derivative works without obtaining the express written consent of the Company in advance. By respecting and adhering to these copyright provisions, the Client ensures the integrity and exclusivity of the Programme Materials, while also upholding the legal rights of the Company as the content creator and intellectual property owner.

4. Disclaimer of Results and Money Back Guarantee

4.1 The Client acknowledges that the Company cannot provide a guarantee of specific results or outcomes arising from the Client's participation in the Programme. Client results and the effectiveness of the Programme are dependent on various factors, including the Client's commitment, consistent effort, and individual circumstances. Therefore, neither the Company nor its representatives can be held liable for any outcomes, positive or negative, that may result from the Client's involvement in the Programme.

4.2 The Programme is accompanied by a complete 30-day money-back guarantee, ensuring customer satisfaction. To be eligible for the guarantee, participants are obligated to actively engage in the Programme and faithfully adhere to its guidelines for a minimum of two (2) programme modules (“Module”). Furthermore, participants are required to record their progress by utilising the provided built-in ‘progress log/reflection’ surveys at the initiation of the programme (labelled ‘where are you now?’ in the ‘Start Here’ module) and at the conclusion of each Module (labelled ‘Progress Log/Reflections’).

Should customers diligently fulfil these conditions, Company guarantees a complete refund if Client does not observe any progress in their relationship with food or body image within the 30-day duration of the guarantee. The Company’s aim is to provide a risk-free experience, encouraging individuals to fully commit and actively track their progress to achieve the desired results.

4.3 The Programme is not intended for anyone with a weight goal, such as weight loss. It is also not intended to treat individuals suffering from clinical underweight, purging, illicit drug or alcohol abuse, suicidal ideation, or any other self-harming behaviours. It is also not intended to diagnose or treat any physical or mental illnesses, including eating disorders.

4.4 The Client acknowledges the Company is not a licensed medical service provider, and any information provided by the Company should not be interpreted as medical advice or construed to form a physician-patient relationship. Be sure to talk to your doctor before starting the Programme or any health or wellness service and do not use the Programme if you are having a medical emergency. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, CALL THE EMERGENCY SERVICES OR SEEK IMMEDIATE MEDICAL ATTENTION.

4.5 The Client understands and agrees that the Programme will not prescribe or assess micro-and macronutrient levels, provide healthcare, medical or nutrition therapy services, or diagnose, treat, or cure any disease, condition, or other physical or mental ailment. If the Client has any mental or physical health concerns, the Client should consult their registered physician or another healthcare practitioner based on their own judgment. While general nutrition tips may be provided, the Client acknowledges that this is not personal Nutritional Therapy or advice, and Client’s own discretion is required in assessing any nutritional information.

4.6 If the Client is under the care of a healthcare professional, receiving treatment or currently using prescription medications, they should discuss any dietary and lifestyle changes or potential dietary supplement use with their doctor. The Client should not discontinue any treatment plan or prescription medications without consulting their doctor first. The Client understands that the information in the Programme is not medical or nursing advice and should not replace consultation with licensed health professionals.

4.7 The Client must not disregard medical advice or delay seeking medical advice because of information provided within the Programme or by coaches.

5. Confidentiality and Data Protection

The Company places utmost importance on the confidentiality of the Client's personal information and acknowledges its sensitive nature. The Company is committed to handling this information in strict accordance with the applicable data protection laws and regulations, ensuring compliance and safeguarding the Client's privacy in accordance with the Company’s Privacy Policy. Please ensure you read the Privacy Policy in conjunction with this Agreement.

6. Indemnification

6.1 The Client assumes full responsibility and agrees to indemnify and hold the Company harmless from any and all claims, liabilities, damages, losses, or expenses that may arise, whether directly or indirectly, as a result of the Client's participation in the Programme or any breach of the terms and conditions set forth in this Agreement. By undertaking this indemnification, the Client acknowledges that they bear the sole responsibility for their actions, decisions, and outcomes related to the Programme, and release the Company from any liability arising from such engagement. This provision ensures that the Client understands and accepts personal accountability for their involvement in the Programme and any consequences that may arise from it.

7. Client Responsibilities

7.1 Throughout the duration of the Programme, you acknowledge and agree to the following:

a) Activities and Goal Contributions: You understand that taking action is a vital component of the coaching process. Suggestions for activities will be provided, which have proven helpful for previous clients. However, you are not obligated to undertake these activities if you believe they would be unsuitable for you. You must use your best judgment. It is your responsibility to assess if you think an activity is suitable for you or not. Alternative activities may be offered if needed. You agree to promptly communicate any concerns or belief that an activity may be unsuitable for you so that appropriate action can be taken by both parties. This may include your removal from the Programme. You must also cease to engage in any activity you have reason to believe is harmful to you.

b) Commitment to Activities: You agree to actively contribute to the agreed-upon activities and goals between contact with a Coach or Module. You commit to engage in the activities as mutually agreed upon. Should you encounter any resistance or concerns regarding the activities, you agree to voice them immediately.

Failure to do so, and particularly a failure to engage in the activities without declaration of resistance, may result in your removal from the 1:1 Programme, and you will be charged for the time invested thus far.

If you are experiencing difficulties in completing the set activities, it is important to communicate this to a coach using the support ticket function provided in the membership site or emailing [email protected]. This Programme is intended for individuals ready to take action and who understand the requirement for effort and commitment.

c) Mental Health Conditions: You confirm that you do not suffer from a mental health condition that could potentially pose an obstacle to the success of coaching. It is essential for you to accurately assess your mental health status. Please note that while the coaches will not diagnose any mental health conditions, the coaches reserve the right to pause coaching if any mental health concerns arise. In such cases, you may be requested to seek the support of a psychotherapist before continuing with coaching. This may result in a wait until the next round of coaching. If you do have anxiety or any other mental health condition, the specific actions or charges, if any, will be discussed and agreed upon separately, taking into consideration your unique circumstances.

d) Testimonials: You agree to provide an honest testimonial at the end of the Programme. The testimonial should reflect your genuine experience and results achieved through the coaching process. By accepting this Agreement, you give permission to the Company to use your testimonial for promotional purposes, including but not limited to the company's website, social media platforms, and marketing materials.

You understand that your testimonial may be edited for length or clarity, but any edits will not alter the substance of your feedback. Your personal information, including your full name, will be used in conjunction with the testimonial unless you explicitly request otherwise in writing. You retain the right to withdraw your testimonial or request its removal from any promotional materials by providing written notice to the Company.

8. Consent to Case Study

8.1 You agree to allow the Company to write a case study based on your participation in the coaching programme. The case study may include details about your progress, achievements, and overall experience. By signing this agreement, you give permission for the Company to use your real name and, if provided, a picture of yourself for the case study.

8.2 If you prefer to remain anonymous in the case study, you must provide written consent for the Company to use a fake picture and name to represent you. The fake picture and name will be used solely for the purpose of protecting your identity while still sharing your story. Your personal information, including your real name and any identifying details, will be kept confidential and will not be disclosed in the case study or associated promotional materials without your explicit written consent.

8. 3 Please note that the Company will take all reasonable precautions to ensure the confidentiality and privacy of your information. However, it is important to understand that no method of data transmission or storage can be guaranteed to be completely secure. By providing your consent for the case study, you acknowledge and accept this inherent risk.

9. Termination

9.1 Either party has the right to terminate this Agreement at any time by providing written notice to the other party. Upon termination, the Client's access to the Programme materials will be promptly revoked, and the Company will not be responsible for providing refunds or compensating for any damages incurred as a result of the termination.

9.2 In the event of a material breach of this Agreement by either party, the non-breaching party reserves the right to terminate the Agreement without waiving any ongoing obligations of the breaching party. The termination of this Agreement does not release the breaching party from fulfilling any continuing obligations as outlined in the Agreement. This provision ensures that in the case of a significant violation of the Agreement, the non-breaching party has the right to terminate the Agreement while still holding the breaching party accountable for any remaining obligations.

9.3 The Programme should never be used as a replacement for recommended medical or mental health treatment; if the Company finds that it’s appropriate, Client may be removed from the Programme so that your condition may be managed by a licensed medical profession. If coaching is discontinued for this reason, you will be refunded for any unused coaching sessions that have been previously paid for.

9.4 The Company reserves the right to remove Client from the 1:1 coaching package within 30 days of the Client’s enrolment if the Company finds that the Client is not engaging with the Programme sufficiently or as designed. The Client will receive a full refund in this circumstance.

10. Refunds and Cancellations

10.1 The following refund guidelines are applicable to booked one to one coaching sessions (excludes group coaching).

10.2 The Client may cancel a scheduled session within the 24-hour grace period after purchasing and request a refund. The refund will be issued back to the card used, minus a 5% transaction fee. To cancel an order, send your request to [email protected]. The Client must clearly state their decision to cancel, the reason for said cancellation, and their preferred method of reimbursement.

10.3 Once the 24-hour grace period has passed, if 3 working days’ notice (excluding weekends and UK bank holidays) is given prior to the session, the Client may request to reschedule. Every effort will be made to accommodate the request and transfer the booking to an alternative date and time.

10.4 Any missed sessions or cancelled sessions with less than 3 working days’ notice will be forfeited.

10.5 If unexpected or extenuating circumstances prevent the Client from completing their scheduled session(s), then the Client may request a refund for the amount pertaining to the remaining session(s). Approval is at the discretion of the Company. If accepted, a 5% transaction fee of the refund amount will be deducted prior to a refund issued back to the card used.

10.6 The Client will not have the right to cancel or request a refund after the services have been performed (after sessions or services have been completed).

11. Governing Law; Dispute Resolution

11.1 Any dispute or claim arising out of or in connection with this Agreement, including its formation, interpretation, performance, breach, or termination, shall be resolved in accordance with the following provisions:

1. Good Faith Negotiations: In the event of any dispute or claim, the Parties agree to first attempt to resolve the matter amicably through good faith negotiations. Either Party may initiate the negotiation process by providing written notice to the other Party, clearly stating the nature of the dispute and proposing a resolution.

2. Mediation: If the Parties are unable to resolve the dispute through negotiations within 30 days from the initiation of the negotiation process, the Parties agree to submit the dispute to mediation. The mediation shall be conducted by a neutral third-party mediator mutually agreed upon by the Parties. The Parties shall share the costs of the mediation equally.

3. Arbitration: If the dispute remains unresolved after mediation, the Parties agree to submit the dispute to binding arbitration. The arbitration shall be conducted in accordance with the rules of London Court of International Arbitration (LCIA) in London, UK. The arbitration shall be conducted by one arbitrator appointed in accordance with the aforementioned rules. The decision of the arbitrator shall be final and binding on the Parties and enforceable in any court of competent jurisdiction.

4. Exceptions: Notwithstanding the foregoing, either Party may seek injunctive or equitable relief from a court of competent jurisdiction in cases where such relief is necessary to protect their rights, intellectual property, or confidential information.

5. Governing Law: This Agreement and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of the England and Wales.

11.2 The Parties agree that the procedures outlined in this dispute resolution clause shall be the sole and exclusive means of resolving any disputes or claims arising under this Agreement. The Parties further agree to cooperate fully and in good faith throughout the dispute resolution process.

Terms and Conditions; Privacy Policy; Cookies Policy

The Client agrees that their participation in the Programme is subject to and governed by the terms and conditions, privacy policy, and cookies policy provided on the company's website, which are incorporated by reference into this Agreement. The Client acknowledges that it is their responsibility to review and familiarise themselves with the contents of these policies. In the event of any inconsistency between the terms of this Agreement and the terms and conditions, privacy policy, or cookies policy, the provisions of this Agreement shall prevail.

By checking the box at the checkout, you acknowledge that you have read and understood the terms and conditions of this Agreement and agree to be bound by them.

Updated 28/11/2024