Purpose of this Agreement:
Welcome to the Ultra Training Club, a service provided by Alexander and Barmby Limited. We are excited to help you unlock your ultra running potential and achieve your goals.
This Agreement sets out your rights and obligations as a Ultra Training Club member and customer. By clicking on the “BUY” button to purchase a Ultra Training Club Online Programme (“Online Programme”), you indicate that you have read and understood the terms and conditions below and accept you are voluntarily engaging in an acceptable level of exercise, understand your participation involves a risk of injury and that you will be bound by its terms, obligations, representations, warranties, and agreements contained herein (the “Agreement”).
In the event, you are not willing to accept the Agreement, you shall not be authorised or allowed to proceed further to view or use in any manner any Online Programme provided on www.ultratraining.club (the “Website”), which is owned, maintained and monitored by Alexander and Barmby Ltd.
1. Usernames and Passwords:
2. Online Payment:
If paying by debit card, or credit card, I agree to give Alexander and Barmby Limited permission to automatically charge my credit or debit card as payment for the Online Programme without any additional authorisation, for which I will receive an electronic receipt.
If payment is not received by the date due, in purchases involving a reoccurring payment, I will have a three (3) day grace period to make the payment otherwise the Online Programme will not continue, and Alexander and Barmby Limited reserve the right to cease my access immediately and permanently.
If I fail to make payment promptly by these Terms or voluntarily decide to withdraw from the Online Programme at any time or for any reason whatsoever, I will still remain fully responsible for the full cost of the Online Programme.
All information obtained during my purchase or transaction for the Online Programme and all of the information that I give as part of the transaction, such as my name, address, method of payment, credit card number, and billing information, may be collected by both Alexander and Barmby Limited and its payment processing company (Stripe).
I agree to only purchase goods or services for myself or for another person for whom I am legally permitted to do so or for whom I have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
I agree to be financially responsible for all purchases made by me or someone acting on my behalf. I agree to use the Online Programme for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
3. Course Access:
4. Pricing Disclaimer:
All prices, products, and offers on this Website are subject to change without notice.
While Alexander and Barmby Ltd make sure to provide the most accurate and up-to-date information, in some cases one or more items on its Website may be priced incorrectly. This might happen due to human errors, digital images, technical errors, or a mismatch in pricing information received from its suppliers.
Alexander and Barmby Limited reserves the right to change prices for all its products, offers, or deals. These changes are done due to market conditions, programme termination, providers, price changes, errors in advertisements, and other mitigating circumstances. However, the price you paid at the time of purchase still holds for you.
5. Money Back Guarantee:
I acknowledge Alexander and Barmby Limited are so confident of the quality of their Online Programmes, that it is backed up with a 100% money-back guarantee. If I see no results over the course of the Online Programme, a full refund will be given to me subject to the following terms and conditions. I understand non-adherence of these conditions will void the guarantee.
6. Media and Photography:
I understand and accept that representatives from Ultra Training Club may take photographs and video footage during the Online Programme for use to publicise and promote Ultra Training Club. I agree to waive all rights across all media rights (known or unknown) worldwide. I agree that Ultra Training Club has permission to use any photo and written endorsements submitted by me to them or that I have posted across social media for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Ultra Training Club or any product or service sold and marketed by Ultra Training Club. I also agree that the photographs may be combined with other photographs, sounds, text and graphics, and that the photographs may be manipulated, cropped, altered or modified in Ultra Training Club’s sole discretion. I agree not to charge a royalty or fee, and not to make any other monetary assessment against Ultra Training Club or Alexander and Barmby Limited in exchange for this Release and Assignment.
7. Removal of Participants:
8. Content and Courseware:
As part of purchasing the Online Programme, Alexander and Barmby Limited shall grant you access to its content, courseware, practice tests, and other information, documents, and data which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format in relation to the specific training programme you have registered for (“Content and Courseware”).
I am aware Alexander and Barmby Limited reserve the right to change the Online Programme, in whole or in part, or cancel/postpone the Online Programme for any reason that would affect the safety and security of the Online Programme participants. I understand it is Alexander and Barmby Limited’s sole and absolute discretion and that I will be provided with a notice of any such changes.
9. Revisions and Errata:
The Content and Courseware appearing on the Website could include technical, typographical, or photographic errors. Alexander and Barmby Limited does not warrant that any of the Content and Courseware on its Website are accurate, complete, or current. Alexander and Barmby Limited may make changes to the Content and Courseware contained on its Website at any time without notice. Alexander and Barmby Limited does not, however, make any commitment to update the Content and Courseware.
Alexander and Barmby Limited has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Alexander and Barmby Limited of the site. Use of any such linked Website is at the user’s own risk.
11. Copyright and Intellectual Property:
Alexander and Barmby Limited value and respect others intellectual property and expects its users to do the same.
12. Data Protection:
I agree for the purposes of this condition, personal information includes medical data collected for health and safety purposes (“Personal Information”).
13. Force Majeure:
I understand Alexander and Barmby Limited will not be responsible to me for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labour strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labour in the open market, acute and unusual labour, material, or equipment shortages, or any other causes beyond the control of Alexander and Barmby Limited. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Alexander and Barmby Limited shall not be required against its will to adjust any labour or other similar dispute except in accordance with applicable law.
I understand and agree that I participate in the Online Programme entirely at my own risk and that no responsibility whatsoever shall attach to Alexander and Barmby Limited, any sponsors or suppliers, or any person involved in the organisation of the Online Programme for any injury, accidents, loss or damage suffered by me in, or by reason of the Online Programme, however such may be caused. The materials on Alexander and Barmby Limited’s Website are provided ‘as is’. Alexander and Barmby Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Alexander and Barmby Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.
Nothing contained in the Online Programme should be construed as any form of medical advice or diagnosis. The Online Programmes are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through the Online Programmes is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counsellor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered healthcare professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in the Online Programmes or received from Alexander and Barmby Limited. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other healthcare professional. If you have or suspect that you have a medical or mental health issue, contact your health care provider promptly. Alexander and Barmby Limited are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent, or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease, or condition. Alexander and Barmby Limited are not giving medical, psychological, or religious advice whatsoever.
15. Associated Risk:
I am aware of the physically strenuous nature of the Online Programme and the risks both medically and physically. I confirm I am healthy and fit (physically and medically) enough to take part in this Online Programme. I also accept that should any medical or physical condition arise prior to starting or during the Online Programme which is likely to affect my ability to take part, will be reason to withdraw in accordance with these conditions. I understand training on injuries should be avoided at all costs and if I’m unsure I must consult a qualified practitioner e.g. physiotherapist, osteopath, etc. I also understand if I have not exercised before or for a long time that it is my responsibility to consult my doctor before joining the Online Programme. I understand that this Online Programme may involve strenuous physical activity associated with running and understand that physical activity, by its very nature, carries with it certain inherent risks. I assume all risks associated with participating in this Online Programme relating to the risk of strenuous physical activity. I acknowledge that I may incur minor injuries, major injuries, and catastrophic injuries including paralysis and death. I assume all risks from contact with other participants and volunteers, negligent or want on acts of other participants and volunteers, any defects of conditions of road surfaces (including uneven or wet road surfaces or gravel on the road surface), failure of cyclists, vehicles, and non-participants to observe traffic signals or laws, and the effects of weather including high heat, thunderstorms, lightning, precipitation, cold temperatures, high winds, and/or humidity.
16. Waiver of Liability/ Responsibility:
Whilst Alexander and Barmby Limited takes every care with providing the Online Programme, I acknowledge that personal accident and personal items insurance is my sole responsibility. Alexander and Barmby Limited shall not be liable for any loss or damage of or to personal equipment belonging to myself, or any indirect or consequential loss or damage whatsoever arising out of me taking part in the Online Programme; or for any loss of business; revenue or profit; loss of reputation; anticipated savings or wasted expenditure. In consideration for being permitted to participate in the Online Programme, I voluntarily agree for myself, my family, heirs, assigns, executors, and administrators to the following: TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH that may be sustained by me, or any loss or damage to property owned by me, as a result of participating in the Online Programme. TO RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE the Releasees from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever, that I might have or may acquire in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in the Online Programme including, but not limited to, any claim that the act or omission complained of was in whole or in part by the negligence or carelessness of the Releasees. I agree that Alexander and Barmby Limited’s liability or the liability of its affiliates, directors, officers, employees, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Content and Courseware shall not exceed the fee I paid to Alexander and Barmby Limited for the particular Online Programme.
Nothing in this agreement shall affect Alexander and Barmby Limited’s liability for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.
17. Integration Clause:
18. Waiver and Severability of Terms:
The failure of Alexander and Barmby Limited to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
The Website may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on the Website and these Terms, these Terms shall control.
19. Governing Law:
This Agreement shall be governed by the laws of United Kingdom, without respect to its conflict of laws principles. Any claim or dispute between you and Alexander and Barmby Limited that arises shall be decided exclusively by a court of competent jurisdiction located in United Kingdom.
Alexander and Barmby Limited may revise these Terms and Conditions for its Website at any time without notice. By using this Website, you are agreeing to be bound by the then current version of these Terms and Conditions.
If you have any questions or complaints concerning any of the Terms, you may contact Alexander and Barmby Limited by e-mail at email@example.com, by post at 5 Venom Road, Manby, LN11 8UE.
Copyright @ Alexander and Barmby Ltd All rights reserved