Terms & Conditions
The Blast Plan Terms, Conditions And Safety Advice
These Terms, Conditions and Safety Advice refer to the purchasing and participation on the In-Person Blast Plan, the Blast One Plan and/or the Blast Two Plan.
Definitions and Interpretation
In these Terms, Conditions and Safety Advice, unless the context otherwise requires, the following expressions have the following meanings:
|“Account”||means an account required for a User to access certain areas of Our Site and/or purchase the Blast Plan (except In-Person Blast, as detailed in Clause 6);|
|“Blast Plan”||means the In-Person Blast Plan, Blast One Plan and/or the Blast Two Plan;|
|“Commencement Date”||means the advertised date the Blast Plan is to commence; ie the first day of the 21 day period of the Blast Plan;|
|“Content”||means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site and/or the Blast Plan;|
|“Contract”||means a contract for the purchase and sale of the Blast Plan, as explained in Clause 7;|
|“Email/Emailed”||means an email we have had confirmed as successfully sent by our email provider to the email address you supplied when you purchased a Blast Plan, regardless of whether it has been received, opened or otherwise;|
|“Order”||Means your order for the In-Person Blast Plan, Blast One Plan and/or the Blast Two Plan;|
|“Order Confirmation”||means our acceptance and confirmation of your Order which is emailed to you in our Confirmation Welcome letter once your purchase has been successfully completed;|
|“Our Site”||means theblastplan.com and anniedeadmantraining.co.uk|
|“PARQ”||means the registration form required to take part in the In-Person Blast Plan;|
|“Purchased”||means an accepted Order regardless whether you have paid full price, a discounted price or been awarded a free place (through a competition or similar);|
|“Start date”||means the date we first send you the Blast Plan information, including the Blast Eating Plan and/or linked video workouts, via email, which will enable to you begin the Blast Plan purchased– this is usually within three calendar days before the commencement date as detailed in the Order Confirmation;|
|“User”||means a user of Our Site;|
|“We/Us/Our”||means Annie Deadman Ltd, the creator and owner of The Blast Plan|
- Information About Us and communicating with us
- The Blast Plan is created and owned by Annie Deadman Ltd. The Blast One Plan, the Blast Two Plan and the In-Person Blast Plan are sold through Our Site, theblastplan.com.
- We hold all intellectual property rights to Our Blast Plans. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
- All content provided during the course of the Blast Plan and subsequently remains Our property and cannot be copied, shared, downloaded, linked to nor distributed without Our expressed written permission.
- Annie Deadman Ltd is a limited company registered in England under 04770329. Our registered address is 7 Priory Close, Hampton, TW12 2QA, United Kingdom.
- You can contact us by either emailing email@example.com or through our ‘Contact Us’ form on Our Site.
- We will communicate with you via the email address and/or phone number you have provided to us when you purchase a Blast Plan.
- Age and Health Restrictions
- Customers may only purchase the Blast Plan if they are at least 18 years of age at the Start Date of the Blast Plan.
- The Blast Plan is not suitable if you are pregnant and we will be unable to accept your order if you are.
- We aim to ensure that the Blast Plan is suitable for most people. However, if you either suffer from, or are currently receiving treatment as detailed below, we are unable accept your Order due to health and safety limitations; Cancer, HIV/AIDS, Gastric Band, Heart Disease or suffered from Heart Attack, Lung Disease, Liver Disease, Kidney Disease, Organ Disease (other), Anorexia, Bulimia, or any severe and limiting joint disease or condition.
- However, with regards to some conditions, we can take you on as a client once you are in full remission and have the all clear from your doctor. If you would like to discuss your condition in more detail please email firstname.lastname@example.org and we will do all we can to help you.
- Liability and Risk
- You are joining the Blast Plan with the full understanding that you are responsible for your own actions and acknowledging that you are in good health and physical condition, you know of no medical or other reason why you should not engage in any form of exercise.
- We do not act as medical doctors or give medical advice. You MUST consult your doctor before beginning the Blast Plan to ensure suitability. You MUST consult your doctor/physical therapist immediately in the event or illness or injury whilst following the Blast Plan and you must act on their advice which could mean stopping the Blast Plan altogether.
- In following the Blast Plan you have purchased, you are agreeing to do so responsibly and you take full responsibility for the effects on your body which you may experience during the course of The Blast Plan.
- The Blast Plan involves exercise and, as with all exercise plans, this means there is a risk to your health and safety. By signing up to the Blast Plan you are choosing to participate in these risks. It is your responsibility to follow the guidance given in the video links (and/or in class if you a participating in the In-Person Blast Plan) to maximise safety. It is possible that you may become injured doing the exercises in your program, especially if they are done with poor form. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities.
- You fully understand that you are taking part in the Blast Plan at your own risk and We are not responsible for any injuries or health problems you may experience or even death as a result of taking part in the Blast Plan.
- If, for any reason, your health changes in any way after purchasing the Blast Plan and/or during the duration of the Blast Plan, you must inform Us by emailing email@example.com at the earliest opportunity.
- You must not use any part of the content of the Blast Plan for any purpose other than your own personal fitness, health and/or fat loss.
- The Blast Plan content
- Before the Blast Plan commences you will be supplied with the Blast Eating Plan, workout video links (if you are taking part in the Blast One Plan or Blast Two Plan) and instructions on these videos. It is important you follow the advice given in these documents to ensure success on The Blast Plan. This advice must be taken in accordance with that stated in Clauses 2 and 3
- The guidelines and meal suggestions given in the Blast Eating Plan outline the rules for eating. You may create your own meals using the recipe collection or other recipes according to your own taste as long as they adhere to the Blast Eating Plan rules.
- Portion sizes are indicated in the information sent to you prior to the Blast Plan commencing. It is assumed that everyone’s hunger levels will differ according to their gender, weight, level of activity and fitness levels. You must act sensibly and eat the number of meals and snacks specified in the Blast Eating Plan. You will discover more about your own personal and appropriate meal sizes as you progress through the Blast Plan.
- If you have an allergy or intolerance to any foods specified in the Blast Eating Plan it is your responsibility to adapt the Blast Eating Plan (within the rules given) by removing or replacing these specific ingredients. You must make sure you and your GP or doctor are happy with the replacements you have chosen. Any advice that is given with regards to food allergies or intolerances is followed at your own risk and responsibility.
- It is your responsibility to ensure that you follow the Blast Eating Plan sensibly and within the boundaries and rules set by the Blast Plan.
- Workouts and Training:
- There are 4 workouts to be done each week in the Blast One Plan and 5 workouts to be done each week in Blast Two Plan. Additional video workouts may also be provided, at our discretion, to all participants on the Blast Plan, including the In-Person Blast Plan. Do not workout on more than two successive days. Do not workout more than once a day. Rest is important for your muscles to recover. If you choose to do other exercise on the remaining days or in addition to the Blast Plan workouts, then you choose to do so at your own risk and responsibility and We accept no responsibility for any injuries sustained through overtraining.
- With all the workouts provided to those participating in the Blast One Plan or the Blast Two Plan there are ‘Blast Plan workout notes’ which will be emailed to you. It is your responsibility to become familiar with these before doing the workout in order to prepare yourself. You will also need a timer device such as a stopwatch function on your phone.
- The ’how-to videos’ (which are emailed with the videos mentioned above in clause 4.3.2) provide guidance on the correct techniques of each exercise. Adaptions are also shown in the video links to make them harder or easier. It is your responsibility to judge which level of each exercise is appropriate for you and your fitness/strength levels in order that you train safely. Each person is of a differing fitness level so you must choose the adaptation which challenges you safely. It is your responsibility to ensure you follow these instructions given and use the adaptations in accordance with your own fitness/strength level.
- In some instances, We have suggested you add weights to the strength work. These are suggestions and no weight is specified. If you choose to use weights it is your responsibility to ensure they are not too heavy to cause harm or injury to yourself or others around you. Always err on the side of caution if you are not sure and use lighter/no weights until you feel stronger and fitter.
- The workouts provided for participants in the Blast One Plan and the Blast Two Plan are structured in a certain order therefore We highly recommend you do them in this order – you will be instructed as to the order in which to do each workout. You need only do these workouts per week. We cannot guarantee any results at the end of the Blast Plan if all weekly workouts which have been provided have not been done as prescribed.
- During the In-Person Blast Plan workouts are done within our Fitness Classes which are held locally to Us. You may attend unlimited classes during the Blast Plan whilst taking into account clause 4.3.1.
- It is your responsibility to ensure that you follow the workout instructions correctly, whether in class or following our online video workouts, with due regard to your own fitness, ability levels and safety.
- If you have any concerns with regards to your health, safety or wellbeing whilst exercising it your responsibility to stop immediately and seek medical help. You must also contact Us by emailing firstname.lastname@example.org as soon as possible following medical help/advice being given.
- Price and Payment
- We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in place will not affect any Order that you have already placed.
- All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you by email before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Blast Plan at the correct price or to cancel your Order.
- All prices on Our Site include VAT. If the VAT rate changes this will be reflected in the price.
- Full payment for the Blast Plan is required in order to complete your order on Our Site.
- We are not liable for any charges that your bank may add to transactions.
- You will be charged at the exchange rate available on the day of transaction which is determined by your card provider.
- Accounts and purchasing
- In order to purchase the In-Person Blast Plan you must contact email@example.com to request a PARQ. This require to be completed and submitted online. Payment is taken via bank transfer only and cannot be done online.
- In order to purchase The Blast Two Plan from Us you will require an Account on Our Site.
- This account is created when you have previously bought a Blast One Plan from Our site.
- If you have only done the In-Person Blast Plan before and now wish to progress to the Blast Two Plan you will need to contact us to request an account to be created for you.
- It is a requirement that you first complete at least one Blast One Plan or In-Person Blast Plan before taking part in the Blast Two Plan. The Blast Two Plan requires commitment in terms of detailed food tracking and training. Prior knowledge of the Blast eating plan and a certain level of fitness are therefore required.
- When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
- Our Site will create a strong password for you. If you wish to change this we recommend that you choose another strong password for your Account. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately at firstname.lastname@example.org. We will not be liable for any unauthorised use of your Account.
- You must not use anyone else’s Account.
- If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
- Orders – How your Contract with Us is formed
- When purchasing any of our Blast Plans Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.
- Your Order for the Blast One Plan or the Blast Two Plan, which includes accepting our terms and conditions along with full payment, constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you this Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).
- When purchasing the In-Person Blast Plan, which includes accepting our terms and conditions, you will be required to submit a completed PARQ. This will be emailed to you once your purchase order is complete and full payment has been received. Only once we have received this completed PARQ back from you, and have reviewed the information provided therein, will We then, at Our sole discretion, accept your order. Only once We have sent you an email confirming acceptance of your PARQ will there be a legally binding contract between Us and you (“the Contract”).
- The Order Confirmation shall contain the following information:
- Confirmation of the Blast Plan ordered including full details of the main characteristics of the Blast Plan;
- The commencement date of the Blast Plan purchased;
- Further action required by you in order that we able to fulfil Our contractual obligation with you.
- Providing the Blast Plan
- As required by law, We will provide the Blast Plan with reasonable skill and care, consistent with best practices and standards in the Health and Fitness industry and in accordance with any information provided by Us about the Blast Plan. However please note that the exact nature of the Blast Plan may vary depending upon your individual requirements and circumstances.
- We deem to begin supplying you with the Blast Plan as soon as you we have emailed to you Our Blast Information Pack which includes the Blast Eating Plan and/or linked video workouts for the first week – this is usually within three calendar days before the commencement date of the Blast Plan you have purchased (the Start Date).
- We will continue providing the Blast Plan until the completion date which is 21 calendar Days after the Commencement Date of the Blast Plan – as confirmed in the Order Confirmation.
- We will make every reasonable effort to provide the Blast Plan within the timescales agreed in the Order Confirmation. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 14 for events outside of Our control.
- If We require any information or action from you in order to provide the Blast Plan, We will inform you of this in our Order Confirmation which is emailed to you when you purchase a Blast Plan.
- If the information required from you is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct a mistake made as a result of delayed, incomplete or otherwise incorrect information that you have provided, We may charge you a reasonable additional sum for that work.
- In certain circumstances, for example where you have not sent us requested information in a reasonable time, We may end the Contract and we will seek compensation in accordance with clause 11.3.
- In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Blast Plan to resolve the issue. Unless the issue is an emergency that requires immediate action We will inform you in advance by email before suspending or interrupting the Blast Plan.
- Your right to cancel the Contract
- You have the right to cancel the Contract but this right is subject to some exclusions;
- If you have simply changed your mind within 14 days of buying the Blast Plan (the ‘cooling off’ period) you may get a full refund. This period begins once your Order is accepted and We have emailed you a Confirmation Welcome letter which acts as our Order Confirmation, i.e. when the Contract between you and Us is formed. The period ends at the end of 14 calendar days after that date.
- If you however buy the Blast Plan within 14 days of the Start Date, and you wish to cancel, you acknowledge and agree to the following when requesting a refund:
- We will make reasonable charges for preparatory work already undertaken in respect of supplying the Blast Plan to you. Such sums will be deducted from any refund due to you.
- For whatever reason, if you cancel after we have begun to email to you the Blast Information Pack with contains the Blast Eating Plan and/or the Workouts for Week one you will still be required to pay for the Blast Plan provided up until the point. The refund due shall be calculated in proportion to the price paid for the Blast Plan and the actual Blast Plan already provided.
- If you are cancelling due to Our failure to comply with these Terms, Conditions and Safety Advice or the Contract, you will not be required to make any payment to Us in respect of preparatory work already undertaken (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations). The refund will be worked out on the basis of that in clause 188.8.131.52
- If you want to cancel the Contract because of something we have told you or something we have done or are going to do eg;
- We change the terms under which we operate the Blast Plan to your material disadvantage; or
- Made an error in the price of the Blast Plan and you no longer want to proceed; or
- We are adversely affected by an event outside of Our control that continues for more than 7 days (as under Clause 14); or
- We have had, or are going, to suspend the Blast Plan for technical reasons for 7 calendar days or more; or
- We breach the Contract in a material way and fail to remedy the breach within 7 working days of you asking Us to do so in writing.
- In respect of clause 9.1.4 We will refund you for the portion of the Blast Plan that have not yet been emailed to you in accordance with sub-clause 184.108.40.206 .
- In the event of a serious debilitating illness or injury we may be able to offer you a partial refund for the parts of the Blast Plan that have not yet been emailed to you. We will require a valid medical report from your doctor for this to be considered.
- You have the right to cancel the Contract but this right is subject to some exclusions;
- How to end the Contract with us
- If you wish to cancel under this Clause 9, you must inform Us of your decision to do so. You may do so by emailing email@example.com or contacting us through the ‘Contact Us’ page on Our Site.
- Refunds under this Clause 9 will be issued to you no later than 14 calendar days after the date on which you inform Us that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Blast Plan.
- Our Right to Cancel the Contract
- We may cancel your Order immediately at any time before or during the provision of the Blast Plan in the following circumstances:
- You are pregnant or suffering from an illness detailed in clause 2.3 above
- The required technology necessary for the provision of the Blast Plan is not available; or
- an event outside of Our control continues for more than 48 hours (please refer to Clause 14 for events outside of Our control).
- You breach the contract in a material way and failure to remedy the breach within 48 hours of Us asking you to do so in writing. You will be given immediate notice, by email, of such cancellation.
- You have failed to provide accurate information in accordance with clauses 2 and/or 3 and/or 8.
- Refunding an order which has been cancelled by us under sub-clauses 11.1.1 to 11.1.3
- before the Start Date of the Blast Plan; full payment will be refunded to you. If We cancel your Order, you will be informed by email.
- After the Start Date of the Blast Plan; You will still be required to pay for the Blast Plan provided up until the point. The refund due shall be calculated in proportion to the price paid for the Blast Plan and the actual Blast Plan already provided.
- If We cancel your Order under sub-Clauses 11.1.4 and/or 11.1.5
- before the Start Date of the Blast Plan; full payment will be refunded less reasonable administration costs incurred as a result of your breaking the contract
- After the Start Date of the Blast Plan; A refund will be provided after you paid for the Blast Plan that We have already provided up until the point at which We inform you that we are cancelling the contract plus compensation to Us for reasonable administrations costs incurred as a result of your breaking the contract.
- Refunds due under this Clause 11 will be issued to you within 7 working days and in any event no later than 14 calendar days after the day on which We inform you of the cancellation. Refunds will be made using the same payment method you used when ordering the Blast Plan.
- We may cancel your Order immediately at any time before or during the provision of the Blast Plan in the following circumstances:
- Problems with the Blast Plan and Your Legal Rights
- We always use reasonable endeavours to ensure that the Blast Plan is trouble-free. If, however, there is a problem with the Blast Plan please contact Us as soon as is reasonable possible via firstname.lastname@example.org or the ‘Contact Us’ page on Our Site.
- We will use reasonable endeavours to remedy problems with the Blast Plan as quickly as is reasonably possible and practical.
- We will not charge you for remedying problems under this Clause 12 where the problems have been caused by Us, any of Our agents or sub-contractors, or where nobody is at fault. If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 8.6 will apply and We may charge you for the remedial work.
- As a consumer, you have certain legal rights with respect to the purchase of the Blast Plan. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.
- Under the Consumer Rights Action 2015 digital content must be;
- As described
- Fit for purpose
- Satisfactory quality
- If the digital content we provide you with in the Blast Plan is faulty, you are entitled to a repair or replacement
- If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you will be due a partial refund in accordance with clause 11.2.
- If you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
- Our Liability
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms, Conditions and Safety Advice or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- We provide the Blast Plan for domestic and private use only. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- Nothing in these Terms, Conditions and Safety Advice seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms, Conditions and Safety Advice seeks to exclude or limit Our liability for failing to provide the Blast Plan with reasonable care and skill or in accordance with information provided by Us about the Blast Plan.
- Nothing in these Terms, Conditions and Safety Advice seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
- If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice or failing to follow installation instructions.
- Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control
- If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms, Conditions and Safety Advice:
- We will inform you as soon as is reasonably possible;
- Our obligations under these Terms, Conditions and Safety Advice (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of the Blast Plan as necessary;
- If the event outside of Our control continues for more than 48hours. We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible in accordance with clause11.2 and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;
- If an event outside of Our control occurs and continues for more than 7 calendar days and you wish to cancel the Contract you may do so in accordance with clause 9.1.4.
- Other Important Terms
- We may transfer Our obligations and rights under these Terms, Conditions and Safety Advice (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us by email. Your rights under these Terms, Conditions and Safety Advice will not be affected and Our obligations under these Terms, Conditions and Safety Advice will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms, Conditions and Safety Advice (and under the Contract, as applicable) without Our express written permission.
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms, Conditions and Safety Advice.
- If any of the provisions of these Terms, Conditions and Safety Advice are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms, Conditions and Safety Advice. The remainder of these Terms, Conditions and Safety Advice shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms, Conditions and Safety Advice means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms, Conditions and Safety Advice means that We will waive any subsequent breach of the same or any other provision.
- We may revise these Terms, Conditions and Safety Advice from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms, Conditions and Safety Advice at any time, We will give you at least 7 calendar days written notice of the changes before they come into effect. If you wish to cancel the Contract as a result, please refer to clause 9.1.4.
- Law and Jurisdiction
- These Terms, Conditions and Safety Advice, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
- If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms, Conditions and Safety Advice, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
Annie Deadman Ltd
Updated October 2018