Last updated December 27th, 2024 at 8:15 pm

Terms & Conditions

 

MTNWAVE FITNESS

 

MTNWAVE FITNESS LIMITED – PERFORMANCE COACHING & PERSONAL TRAINING

 

Mtnwave Fitness is the trading name of Mtnwave Fitness Limited whose registered address is in Edinburgh, Scotland, EH5 1BF and operates the Website www.mtnwavefitness.com and sub domain thehub.mtnwavefitness.com.

 

COACHING & TRAINING SERVICES

 

COACHING & TRAINING SERVICES TERMS AND CONDITIONS OF USE

These Website Terms and Terms and conditions govern your use of our website, www.mtnwavefitness.com (the “Website”), the Mtnwave Fitness Training App (the training “App”), and our coaching services online at our sub domain thehub.mtnwavefitness.com (the coaching “hub”). These terms and conditions also apply to any in person services, including clinics, workshops, retreats, trips and tours, and your relationship with Mtnwave Fitness (“we”, “us” or “Mtnwave/Mtnwave Fitness”). Please read these terms carefully as they affect your rights and liabilities under the law.

If you do not agree to these Terms of Use, please do not subscribe as a member, use the Website, or purchase any of our Products or Services.

Please also see our Privacy Policy & Data Protection for information about how we collect and use your personal data.

Introduction

These terms and conditions apply between you, the User of this Website, our Affiliated Fitness Training App, our Online Coaching Hub and any In Person Services, including Clinics, Workshops, Retreats, Trips, Tours and ebooks (including any sub-domains, unless expressly excluded by their own terms and conditions), and Mtnwave Fitness, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website, Affiliated Training App, Online Coaching Hub or any of our Services. If you do not agree to be bound by these terms and conditions, you should stop using this Website and all of our Services immediately.

In these terms and conditions, User or Users means any third party that accesses the Website, Affiliated Fitness Training App, Online Coaching Hub or other Services, and is not either (i) employed by Mtnwave Fitness and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Mtnwave Fitness and accessing the Website or Affiliated Training App and Coaching Hub in connection with the provision of such services.

You must be at least 18 years of age to use this Website, our Affiliated Training App, Online Coaching Hub (thehub.mtnwavefitness.com) or any of our Services. By using the Website, our Affiliated Training App or Online Coaching Hub you are agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual Property and Acceptable Use

• By providing any content for distribution by us (such as photographs or video material) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable license to use, copy, store, perform, display and distribute such content.

• All Content included on the Website and Affiliated App and Online Coaching Hub service, unless uploaded by Users, is the property of Mtnwave Fitness, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer or online that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site, affiliated app or sub domain without the owner’s prior written permission.
• You may, for your own personal, non-commercial use only, do the following:
  • retrieve, display and view the content on a computer screen or mobile device.
  • print one copy of the content.
• You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without the written permission of Mtnwave Fitness.

Copyright and Ownership

• The legal and beneficial interest in all copyrights, patents, trademarks, service marks, design rights (registered or unregistered), database rights, proprietary information and all other proprietary rights, with applications associated with any such rights (Intellectual Property Rights) that relate to the service, belong to Mtnwave Fitness and our partnerships of joint business at all times. You obtain no ownership rights nor any of the Intellectual Property Rights out of the Agreement.

Prohibited Use

• You may not use the Website, Affiliated App or Online Coaching Hub service for any of the following purposes:
  • in any way which causes, or may cause, damage to the Website, App or Sub Domain or interferes with any other person’s use or enjoyment of these products;
  • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
  • making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.

Acknowledgments of Qualifications & Certifications.

• The qualifications used by our instructors and coaches are recognised internationally and within the European Union, our coaching and training services are based on the UK Active IQ Lv3 Gym Instructor/Personal Trainer education system and qualifications.
• Also utilized within our coaching and training services are information and techniques from EXOS Performance Specialist (Lv1), Foundation Training Instructor (Lv1), Functional Range Conditioning Mobility Specialist (FRCms) & Kinstretch Instructor, Oxygen Advantage Breathwork Instructor, and also as a BASI (British Association of Snowsports) Lv2 Snowboard Instructor qualifications, exercise, training systems and practices.
• If any of the above stated qualifications are not recognised by the governing bodies of sports instruction and fitness education within the country in which you reside or are using any of our services within, including any International or European country, you acknowledge this, we accept no liability, you are using this service at your own discretion and by purchasing and using any of our services you agree to be coached and trained by our coaches at “Mtnwave Fitness”, accepting full responsibility and liability for your own health and well-being, when using any of our programs coaching and training services.

 

Signing-up

• You must be at least 18 years of age to use any of our Coaching or Training Services including our Fitness Training App, Online Coaching Hub (thehub.mtnwavefitness.com) and/or any of our other Services. By signing up to our Affiliated Training App or Online Coaching Hub you represent and warrant that you are at least 18 years of age.
• You must ensure that the details provided by you upon sign up or at any time are correct and complete.
• You must use the same email address across all of our services, including for billing, to fill out the sign-up form post payment, and to set-up and access your Training App and Coaching Hub accounts, as this is the email that is registered to your accounts on our servers.
• You must inform us immediately of any changes to the information that you provide when signing up by updating your personal details to ensure we can communicate with you effectively.
• We may suspend or cancel your subscription with immediate effect for any reasonable purposes or if you breach these terms and conditions.
• You may cancel your subscription at any time by informing us in writing to the customer support email address at the end of these terms and conditions. If you do so, you must immediately stop using the Website, Affiliated APP and Online Coaching Hub service.

Fees & Payment Terms

• Fees for any product are to be paid in advance via Stripe or PayPal Payment only, unless otherwise agreed in writing.
• Unless otherwise permitted in writing the above fee must be paid in advance of the stated service that has been agreed.
• Any agreed service shall not be provided if the fee is not paid in advance.
• If fees are not paid or if any permitted payment plan or payment date becomes overdue, we then reserve the right to suspend or terminate access to the service.
• The above fee is inclusive of all applicable taxes as per the law, however, is exclusive of any international transaction fees or currency conversion rates that are solely the purchaser’s responsibility to pay in line with their method of banking or payment.
• We reserve the right to make increases and will provide one month’s notice of any planned payment increase to any agreed payment plan.

Suspension or Termination

• If these Terms of Service are not adhered to or if payment of the fees is not paid on time, we reserve the right to suspend or terminate your access to the service. 14 days’ notice will be given prior to the suspension or cancellation of a service, if within that time the issue has not been resolved we will take action to end our services and to terminate our agreement. We reserve the right to close any online account at any time for any reason, and will do so immediately if a breach of contract or if any unlawful conduct has taken place.

Cancellations

• You may cancel and close an online account at any time, no further fees will be billed, no refund will be made of any fees that have been already billed and paid. You are eligible for refund only within the first 14 days of registration for any online service. If you require a refund within the first 14 days or if you would like to cancel an account, please write to us at support@mtnwavefitness.com. State your request, provide your reason and we shall process your request as swiftly as possible.

Refund Policy

• Mtnwave Fitness service does not offer refunds for any training or coaching services unless stipulated in writing presale by the company director.

No Warranties

• This website, affiliated app and coaching hub (sub domain) and the information contained in them is provided for information purposes only. We make no representations or warranties in relation to this website, the app or coaching hub service or any of the information, materials, products and services provided on them.
• Without prejudice to the generality of any other clause contained in this disclaimer, We make no warranties or representations that the information on this website or its affiliated app and coaching hub service:

1. a) is complete, true, accurate or non-misleading; and
   b) is right for You.

Guarantees

• We have complete confidence in the results our tested and proven programs provide, however, to see and feel those results requires your full commitment, effort and dedication to the exercises, workouts and programs. We understand that sometimes things don’t always work out and that’s why we offer a 14 day money-back guarantee. So, no need to worry, the refund process is simple and hassle-free. Just send us an email at [email address] and we’ll take care of everything for you. We’ll promptly process a refund for the full purchase price, which will be promptly credited back to your original payment method. We part ways with a smile, ensuring your satisfaction.

Expected Results

• While we believe that for most people, following our programs and methods will lead to desired results, all exercise programs depend on the individual. Results will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our program, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to:

1. the effectiveness any techniques, recommendations or programs that we deliver; or
2. the results that you may achieve as a result of following our programs.

• All testimonials shown on our website or in our content are real people who have followed the programs provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved.

Medical

• We are not medical practitioners or registered dietitians. We strongly recommend that prior to commencing any diet or exercise regime that you consult a medical practitioner and/or registered dietitian first.
• We have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.
• You acknowledge that when participating in any exercise or exercise program that there is the possibility of physical injury and accept full responsibility for your safety.

Limitation of Liability

• Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
• We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
• To the maximum extent permitted by law, Mtnwave Fitness accepts no liability for any of the following:
  • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
  • loss or corruption of any data, database or software;
  • any special, indirect or consequential loss or damage.
• Mtnwave Fitness (nor any of its employees, agents or representatives), is engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself out as qualified to do so.
• We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.
• Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise your own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
• Where we provide you with a Personal Program, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise program. Accordingly, any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.
• Any Personal Program will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a Personal Program.
• Before taking any action in relation to a Personal Program, you must take into account any other factors apart from the Personal Program of which you are or ought to be aware.
• The information set out in any Personal Program may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.
• You are responsible for informing us of any health issues and pre-existing medical conditions when you ask us to prepare a Personal Program.
• Any information that we provide that does not form part of a Personal Program, whether obtained through our website, fitness training app, online coaching hub or in person services, e-books, video courses, social media (such as Facebook, Instagram, YouTube or any other interface) or otherwise, is provided for the purposes of general information only.
• Any programming, training material or advice provided to you is for your own use only, we accept no responsibility for any third parties using our services without consent.
• You use this service entirely at your own risk, we accept no liability for improper exercise technique or for miss use, improper assessment or maintenance of training equipment or for any misunderstanding of instruction.
• Should you require further instruction with any exercises detailed in our programs do not continue to perform the exercise, contact us for further instruction using the agreed format of coach contact you have opted for.
• Should you have any injuries or any physical issues whatsoever do not continue to exercise, contact the coach immediately for further assessment.
• By entering this agreement, you acknowledge the risks involved with physical activity, exercising and training, you accept entire responsibility for your own health and well-being. You agree to continually risk access all activities and to perform all exercises with due diligence and care at all times.

Links to Other Websites or Online Content

• This Website, Affiliated APP and our Online Coaching Hub (sub domain) may contain links to other sites, social media posts or other online content. Unless expressly stated, these sites and content are not under the control of Mtnwave Fitness or that of our affiliates.
• We assume no responsibility for the content of such Websites or online information and disclaim liability for any and all forms of loss or damage arising out of the use of them.
• The inclusion of a link to another site, social media post on any of our platforms does not imply any endorsement of these sites and information themselves or of those in control of them.

Privacy Policy and Cookie Policy

• Use of the Website, Affiliated APP and Online Coaching Hub (sub domain, unless expressly excluded by its own terms and conditions) is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please view our full privacy policy located on the website footer tab.

Availability of the Website, APP, Sub Domain and Disclaimers

• Any online facilities, tools, services or information that Mtnwave Fitness makes available through the Website, Affiliated APP and Online Coaching Hub (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of or will not have any defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
• Mtnwave Fitness is under no obligation to update information on the Website or the Affiliated App or Coaching Hub (sub domain), however, you acknowledge that information on these platforms may be updated by us at any time.
• Whilst Mtnwave Fitness uses reasonable endeavours to ensure that the Website, Affiliated App and Coaching Hub are secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard. All Users take full responsibility for their own online/digital security, that of their personal details, their computers and other digital devices.
• MtnwaveFitness accepts no liability for any disruption or non-availability of the Website or the Affiliated App or Coaching Hub (sub domain).
• Mtnwave Fitness reserves the right to alter, suspend or discontinue any part (or the whole of) the Website, Affiliated App and Coaching Hub (sub domain) including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website, Affiliated App and Coaching Hub unless it is expressly stated otherwise.

General Contractual Rights

• You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
• These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website and our products from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
• These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
• The Contracts shall not apply to any third party and no third party will have any right to enforce or rely on any provision of these terms and conditions.
• If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
• Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
• This Agreement shall be governed by and interpreted according to the law of Scotland and the United Kingdom (UK), and relevant international trade regulations and agreements. All disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Scottish, Scottish International and/or courts of the United Kingdom.

 

COACHING TRIPS & TOURS

 

COACHING TRIPS & TOURS TERMS AND CONDITIONS

Booking Confirmation

• Any Coaching Trip, Retreat, Clinic or Tour bookings are confirmed when the stated amount or detailed deposit is paid in full and has been cleared and received in full within the accounts of Mtnwave Fitness. If the funds do not clear for any reason, we reserve the right to immediately cancel your booking.

Fees and Payment Terms

• Fees for any trip, retreat or tour are to be paid in advance via Stripe or PayPal Payment only, unless otherwise agreed in writing.
• Any booking or agreed service shall not be provided if the fee is not paid in advance.
• If fees are not paid or if any permitted payment plan or payment date becomes overdue, we then reserve the right to immediately cancel and terminate your booking.
• The above fee is inclusive of all applicable taxes as per the law, however, is exclusive of any international transaction fees or currency conversion rates that are solely the purchaser’s responsibility to pay in line with their method of banking or payment.

Deposits

• If stated on the invoice a deposit shall be taken in order to confirm bookings.
• In some cases, deposits are refundable; see the Refund Policy (Coaching Trips/Retreats/Clinics/Tours) section below for clarification.

Invoice Balances (Remaining or Outstanding)

• Any outstanding invoice balances that are due must be paid in full 14 days prior to the start date of a trip.
• If any outstanding balances are not paid in full, we reserve the right to cancel your booking immediately, without issuing a refund for any paid deposits or fees.

Suspension or Termination

• If these Terms of Service are not adhered to, we reserve the right to suspend or terminate the booking or service.
• We reserve the right to terminate or suspend any booking or service at any time for any reason and will do so immediately if a breach of contract or if any unlawful conduct has taken place.

Cancellation

• You may cancel your booking at any time. If you cancel for any reason any fees or full invoice payment that have been paid will not be eligible for a refund, for deposits terms apply the Refund Policy (Coaching Trips/Retreats/Clinics/Tours) section above for clarification.
• If you would like to cancel your booking, please write to us at support@mtnwavefitness.com. State your request, provide your reason and we shall process your request as swiftly as possible.

Refund Policy (Coaching Trips/Retreats/Clinics/Tours)

• Mtnwave Fitness service does not offer full refunds for Coaching Trips, Retreats, Clinics or Tours, unless stipulated in writing presale by the company director.
• Full Invoice booking fees and/or any other additional fees that have been paid are non-refundable, for any reason cancellation, illness or other.
• Deposits are refundable up to or before 30 days prior to a trip start date, subject to the following terms;

1. This only applies if we must cancel a trip due to government travel bans (Covid-19 or other) that are brought into place in the country or location that the trip is being held within, that has either come into place after the date of the invoice or is in place at the time of the invoice.
2. If a travel ban comes into place in a country other than the country that the trip is being held within that restricts you from joining the trip, we will offer a voucher of equal amount that can be used on an available place on one of our future trips.

• Deposits are non-refundable after 30 days prior to a trip start date.
• If you the client decides to cancel for any reason deposits are non-refundable.

Liabilities

• You are responsible for providing your own travel insurance with health cover and a winter sports or water sports policy that fully covers you in all countries that a trip, retreat, clinic or tour is held within.
• You accept that participating in any outdoor sport is a high-risk activity, where you could get injured with fatal consequences, you acknowledge full responsibility for your own safety, conduct, decision making and judgment during any sporting activity and accept that Mtnwave Fitness and any of our employees or affiliate partnerships accept no liability for any accidents that may occur whilst you are attending one of our coaching trips, retreats, clinics or tours.
• You agree to inspect, maintain and prove your personal protective equipment’s fitness for service including surfboards, leashes, fins, wetsuits, snowboards, splitboards, other splitboarding equipment, avalanche beacons, avalanche safety equipment, communication devices, helmets, outerwear or any other equipment you use and accept full responsibility for any equipment malfunction or for any incident or accident that may occur due to mis use or misunderstanding of proper use.
• You accept full responsibility for your own safety when using any form of transport on one of our trips including cars, taxis, busses, trains, boats, bicycles, tuk-tuks or other and agree to risk assess their fitness for purpose before use, and to use any relevant safety equipment provided within those modes of transport. You acknowledge you use any mode of transport at your own risk and that we at Mtnwave accept no responsibility for any incident or accident that may occur.
• All personal liability and financial liability is yours and yours only, any incident or accident costs medical fees, travel or damage claims, shall be covered by your own insurance only.
• Any coaching/training material or advice provided is for your use only, we accept no responsibility for third parties using our services.

• You use this service entirely at your own risk, we accept no liability for improper exercise technique or for miss use, improper assessment or maintenance of training equipment or for any misunderstanding of instruction.
• Should you have any injuries, or any physical issues whatsoever do not continue to exercise, notify the coach immediately for further assessment.
• By entering this agreement, you acknowledge the risks involved with being in the outdoors, participating in outdoor sports or sports of any kind, including physical activity, exercising and training, you accept entire responsibility for your own health and well-being. You agree to continually risk access all activities and to perform all exercises with due diligence and care at all times.

 

Please carefully read the following information about your booking;

 

Travel Arrangements

• Coaching trips, retreats, clinics or tour bookings exclude travel flights, trains, buses, taxis or other forms of transport to and from the trip location. You are responsible for payment of, booking and arranging your own travel to and from a trip location. You are also responsible for checking and adhering to all current travel legislation to and from any country you are traveling to, including relevant medical tests and vaccines required, government locator forms and any other documentation that is required to permit travel.

Travel Insurance

• You are responsible for providing your own travel insurance, that has sufficient health cover and a winter sports or water sports policy suitable for surfing, snowboarding including off piste or out of ski patrol bounds cover, that fully covers you in all counties and locations that a trip or tour is held within.

Infectious Diseases, Illnesses (COVID-19 or Other).

• We reserve the right to cancel your booking or remove you from our coaching services at any time before or during any clinic, retreat, trip or tour if you are experiencing any symptoms or any infections, illness or disease, as this is a health risk for, and will endanger us and our other clients. We will advise contacting the local medical services and booking self-funded private accommodation where you can self-isolate in order to protect the health and invested experience of others and our own business practices.
• In order to mitigate and prevent the spread of illness, disease, Covid-19 and/or any other infectious diseases. We stress that you CANNOT attend a trip if you have experienced within 14 days prior to a trip start date any symptoms of an illness, this includes symptoms of Covid-19, respiratory cold or flu, temperatures, fever, coughs, sore throats or any other cold and flu symptoms, sickness, nausea, gastrointestinal illness, and/or any cardiovascular, heart, stroke, brain or head related illnesses or symptoms. If you are experiencing any symptoms or have done within 14 days of a trip start date, you must seek professional medical advice and report this to us immediately.
• Covid-19 including other disease Epidemics or Pandemics – During any national or global period where government regulations or restrictions are in place due to the outbreak of an infectious disease, prior to a trip start date all clients will be contacted and questioned on symptoms, then will be appropriately checked upon arrival. If any symptoms are declared or noted, then we cannot permit you to access the trip or the trip accommodation facility, as this is a health risk for, and will endanger our other clients. We will advise contacting the local medical services and booking self-funded private accommodation where you can self-isolate in order to protect others.

 

Customer Support

If you have any questions about these terms, please contact us at support@mtnwavefitness.com