Terms & Conditions

1. About Auric Performance

Auric Performance provides tactical and physical performance coaching, exercise programming, course and selection preparation, online programmes, exercise rehabilitation and related services.

References in these terms to “Auric Performance”, “we”, “us” and “our” refer to the business identified above. “You” and “your” refer to the website visitor, prospective client, purchaser, programme participant or client, as applicable.

2. Accepting These Terms

By using our website, submitting an enquiry, placing an order, paying for a service, accepting a proposal or beginning a programme, you agree to be bound by the version of these terms that applies at that time.

A separate proposal, programme description, checkout page, confirmation email or coaching agreement may contain additional terms specific to a service. If there is a direct conflict, the following order of priority will normally apply:

• any mandatory rights under applicable law;
• a signed or expressly accepted service-specific agreement;
• the service description and order confirmation; and
• these general Terms and Conditions.

You should save a copy of these terms and any service-specific information for your records.

3. Eligibility And Authority

You must be at least 18 years old to purchase services directly from us unless we expressly agree otherwise.

Where a participant is under 18, a parent or legal guardian may be required to:

• enter into the contract;
• provide consent and relevant information;
• make payments;
• participate in communications; and
• accept responsibility for compliance with these terms.

If you purchase on behalf of a company, organisation or another person, you confirm that you have authority to bind them to the relevant agreement.

4. Our Services

Services may include:

• one-to-one online or in-person coaching;
• individual training programmes;
• group or subscription programmes;
• tactical and physical performance preparation;
• course, assessment or selection preparation;
• exercise rehabilitation and Return To Capability coaching;
• consultations, assessments and programme reviews;
• digital materials, videos, guides and educational content; and
• access to an external training application or platform.

The exact scope, duration, contact frequency, delivery method and included features will be stated on the relevant sales page, checkout, proposal, programme description or confirmation.

We may make reasonable changes to delivery methods, exercises, programme structure, coaches, platforms or materials where this does not materially reduce the overall service or where a change is reasonably necessary for safety, legal, operational or technical reasons.

5. Enquiries, Orders And Formation Of A Contract

Submitting an enquiry does not oblige either party to enter into a contract.

An order or application is an offer to purchase the relevant service. A binding contract is normally formed when we:

• send written confirmation that we accept the order or application;
• confirm a coaching place;
• accept payment and provide access to the service; or
• otherwise clearly confirm that the service will proceed.

We may refuse an order or coaching application where:

• the service is unavailable;
• we believe it would be unsuitable or unsafe;
• information required to provide the service has not been supplied;
• payment has not been authorised;
• there has been a pricing or description error;
• you are outside an area or category we can support; or
• we have another reasonable operational, legal or professional reason.

If payment has already been taken for an order we cannot accept, we will refund the relevant amount.

6. Prices And Payment

Prices are those shown or quoted at the time of purchase, subject to correction of obvious errors. We will explain whether a price is:

• a one-off fee;
• a recurring monthly or other subscription fee;
• an instalment arrangement; or
• subject to any separately stated additional charge.

You agree to provide accurate billing information and ensure that payment can be collected when due.

Payments may be processed through a third-party payment or training-platform provider. Their separate terms may also apply to account creation and payment processing.

If a payment is overdue or fails, we may:

• contact you to arrange payment;
• suspend access to coaching, programmes or digital materials;
• pause further work;
• cancel the service where the failure is not remedied; and
• recover reasonable sums lawfully due to us.

We will not charge a fee or apply a remedy that is unlawful or disproportionate.

7. Recurring Services And Subscriptions

Where a service renews automatically, the checkout, programme page or order confirmation will state:

• the amount and billing interval;
• whether there is a minimum term;
• when payment will be collected;
• how renewal operates;
• how to cancel future renewals; and
• when cancellation will take effect.

Unless a minimum term or different notice period is clearly stated before purchase, cancelling a recurring service will normally stop future renewals at the end of the current paid billing period.

Cancelling a payment instruction through your bank or card provider does not by itself cancel a contract or remove an amount already properly due. You should also notify us or cancel through the relevant platform.

We may change a recurring price by giving reasonable advance notice. If you do not wish to continue at the revised price, you may cancel before the change takes effect, subject to any lawful minimum term already agreed.

8. Statutory Cancellation Rights For Distance Contracts

If you are a consumer and enter into a contract online, by telephone or otherwise at a distance, you will usually have a legal right to cancel within 14 days without giving a reason, subject to the applicable exceptions.

Services Starting During The Cooling-Off Period

If you ask us to begin a coaching or other service during the 14-day cancellation period, we may ask for your express request to start early.

If you then cancel within that period, you may be required to pay a proportionate amount for the service properly supplied up to the time you told us you wished to cancel.

If a service has been fully performed during the cancellation period following your express request and the acknowledgements required by law, the statutory right to cancel may end once the service has been fully performed.

Digital Content Supplied Immediately

Where you purchase digital content that is supplied immediately, such as a downloadable programme, video library or digital guide, we may ask you to expressly consent to immediate supply and acknowledge that this may cause the statutory cancellation right for that digital content to be lost once supply begins.

If the required consent and acknowledgement have not been obtained, your legal rights will apply in accordance with consumer law.

How To Exercise A Statutory Right To Cancel

To cancel, send a clear statement to info@auricperformance.co.uk before the relevant deadline. Include your name, the service purchased and enough information for us to identify the order.

You may use the following wording, although you do not have to:

Where a refund is due following valid cancellation, it will normally be made using the original payment method and within the period required by law.

9. Appointments, Consultations And Check-Ins

You are responsible for attending scheduled appointments on time and using the agreed communication or video platform.

If you arrive late, the appointment may still end at the original time so that other commitments are not affected.

Where technical problems occur, both parties should make reasonable efforts to reconnect or use an agreed alternative. If a problem within our reasonable control prevents delivery, we will normally rearrange the affected appointment or provide another appropriate remedy.

10. Client Cancellations, Missed Sessions And Rescheduling

Any appointment-specific cancellation period shown in your booking confirmation or coaching agreement will apply.

Unless a different period has been agreed, please give at least 24 hours’ notice to cancel or rearrange a booked live appointment.

Where less than the required notice is given, or you do not attend, the appointment may be treated as used and may not be refundable. We will consider exceptional circumstances reasonably and will not apply a term in a way that would be unlawful or unfair.

Cancellation of one appointment does not automatically cancel an ongoing coaching package or subscription.

11. Cancellation Or Rescheduling By Auric Performance

We may cancel or rearrange an appointment due to illness, emergency, safety concerns, technical failure or another reasonable cause.

Where we cancel a paid appointment and cannot provide a reasonable replacement, we will refund or credit the affected element of the service.

We may suspend or terminate a service where:

• payment remains overdue;
• you repeatedly fail to engage with essential service requirements;
• you provide materially false or incomplete information;
• continuing would present an unreasonable safety risk;
• you misuse our materials, platform or communications;
• you behave in an abusive, threatening, discriminatory or unlawful way; or
• there is another serious or repeated breach of the contract.

Where appropriate, we will explain the issue and provide a reasonable opportunity to remedy it before termination. Immediate action may be taken where safety, serious misconduct or legal compliance requires it.

12. Health, Medical Advice And Exercise Safety

Auric Performance provides exercise, coaching, programming and performance-related services. Unless expressly stated otherwise, we do not provide medical diagnosis, medical treatment, physiotherapy, psychological treatment or emergency medical care.

You should seek advice from an appropriately qualified healthcare professional before starting or continuing exercise where you:

• have a medical condition, injury, significant symptom or disability;
• are pregnant or have recently given birth;
• have been advised to limit exercise;
• are returning after surgery or medical treatment;
• experience unexplained pain, faintness, chest symptoms or breathing difficulty; or
• are uncertain whether the service is suitable.

You must stop the relevant activity and seek appropriate advice if you experience significant pain, illness, dizziness, chest pain, unusual breathlessness or another concerning symptom.

In an emergency, contact the appropriate emergency service.

13. Your Responsibilities

You agree to:

• provide accurate and reasonably complete information relevant to your health, injuries, medication, training history, goals and restrictions;
• tell us promptly about material changes that may affect exercise or programme suitability;
• follow safety instructions and use equipment appropriately;
• train within an environment that is reasonably safe for the activity;
• use appropriate judgement and stop where an activity feels unsafe;
• ask for clarification if an instruction is unclear;
• maintain control of your own training decisions between coaching contacts;
• comply with lawful rules of any gym, facility, employer, course or platform you use; and
• avoid sharing account access or protected programme materials.

Programme design depends on the information available to us. We are not responsible for a problem caused by material information being withheld, inaccurate or not updated, except to the extent the law provides otherwise.

14. Results And Performance Outcomes

Training outcomes vary. They depend on factors including health, starting level, adherence, effort, recovery, sleep, nutrition, stress, available time, equipment and events outside either party’s control.

We will provide the service with reasonable care and skill. However, we do not guarantee:

• selection, recruitment, course or assessment success;
• a specific performance score, body composition or training result;
• that an injury or symptom will not recur;
• continuous progress without setbacks; or
• an outcome controlled by an employer, governing body, medical professional or third party.

Testimonials and examples describe individual experiences and do not guarantee that another person will achieve the same result.

15. Digital Programmes And Content

Digital content should be as described, of satisfactory quality and fit for any particular purpose made known to us where consumer law applies.

Access may require:

• a compatible device;
• internet access;
• a supported browser or application;
• creation of a third-party platform account; and
• installation of updates.

Unless otherwise stated, access is personal, limited, non-transferable and provided for the duration specified at purchase.

Temporary interruption may occur for maintenance, updates, security, supplier outages or events outside our reasonable control. We will take reasonable steps to restore access where the interruption affects a service we control.

16. Intellectual Property And Permitted Use

The website and materials supplied through our services may include text, programmes, exercise selections, layouts, videos, graphics, photographs, branding, downloads, documents and other content owned by or licensed to Auric Performance.

Unless we agree otherwise in writing, you receive a personal, limited, revocable and non-transferable licence to use purchased materials for your own training.

You must not, without prior written permission:

• copy, reproduce or republish substantial parts of the materials;
• share programme access, downloads or login details;
• sell, sublicense, rent or commercially exploit the materials;
• remove copyright, trade mark or ownership notices;
• record or distribute private coaching sessions without permission;
• use our materials to coach or programme for another person; or
• present our work as your own.

You retain ownership of content you provide to us. You grant us permission to use it only as reasonably necessary to provide the service, administer the relationship and comply with law.

We will not publicly use your name, image, testimonial or identifiable progress information for marketing without the permission required by law.

17. Acceptable Website Use

You may use the website for lawful personal or business-enquiry purposes.

You must not:

• attempt to gain unauthorised access to the website, accounts or systems;
• introduce malware or harmful code;
• interfere with website operation or security;
• scrape, harvest or systematically extract content without permission;
• impersonate another person;
• submit abusive, unlawful or misleading content; or
• use the website in a way that infringes another person’s rights.

Website information is provided for general information and does not replace individual assessment, coaching or medical advice.

18. Third-Party Platforms, Links And Providers

Our website and services may link to or depend on third-party providers, including payment processors, training applications, video platforms, email providers and social-media services.

Your use of those services may be subject to separate terms and privacy notices. We are not responsible for an independent third party’s content, decisions, security or service availability, although this does not affect responsibility we cannot lawfully exclude for the service we have agreed to provide.

A link does not necessarily mean that Auric Performance endorses every statement, product or service on the linked website.

19. Our Responsibility And Liability

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• breach of statutory consumer rights; or
• another liability that cannot legally be excluded or limited.

If you are a consumer, we are responsible for loss or damage that is a foreseeable result of our breach of contract or failure to use reasonable care and skill. We are not responsible for loss or damage that was not foreseeable.

We are not responsible for:

• loss caused by your failure to provide relevant and accurate information;
• injury or loss arising from disregarding clear safety instructions;
• use of a programme by someone for whom it was not prepared;
• loss caused by unsuitable equipment or an unsafe environment outside our control;
• the independent decision of an employer, selection body, course provider or medical professional; or
• business losses where you purchased wholly as a consumer.

If you purchase for business purposes, subject to liabilities that cannot legally be limited, our aggregate liability arising from the relevant contract will not normally exceed the total amount paid or payable under that contract during the 12 months preceding the event giving rise to the claim.

No wording in this section reduces any remedy available under mandatory consumer law.

20. Events Outside Our Reasonable Control

We are not responsible for delay or failure caused by an event outside our reasonable control, such as serious illness, natural disaster, public emergency, industrial action, utility failure, internet outage, platform outage, government action or widespread technical disruption.

We will take reasonable steps to reduce the effect, communicate where appropriate and resume delivery when reasonably possible.

If a significant delay makes the service materially different or prevents it from being provided, you may have the right to end the affected contract and receive an appropriate refund for the part not supplied.

21. Personal Information, Privacy And Cookies

Our use of personal information is explained in the Privacy Policy.

Information about cookies and similar technologies is provided in the Cookie Policy.

22. Complaints And Resolving Problems

Please contact us promptly if you are dissatisfied with a service. Providing relevant details and the outcome you are seeking will help us investigate.

Complaints should be sent to info@auricperformance.co.uk.

We will aim to acknowledge a complaint within five working days and provide a substantive response within a reasonable period, depending on complexity.

Where consumer law gives you a right to repeat performance, a price reduction, refund or another remedy, these terms do not remove that right.

23. General Contract Terms

Changes To These Terms

We may update these website terms from time to time. A change will not normally alter an existing paid contract retrospectively unless the change is required by law, benefits you, addresses a security issue or is otherwise permitted by the contract and fair in the circumstances.

Transfer Of Rights

We may transfer our rights and obligations to another organisation where this does not reduce your legal rights. You may transfer your rights only where we agree in writing or where the law permits.

No Third-Party Rights

Unless expressly stated otherwise, a person who is not a party to the contract does not have a right to enforce it.

Entire Agreement

These terms, together with the applicable service description, order confirmation and any accepted service-specific agreement, form the agreement between the parties in relation to the service.

Severability

If a court or competent authority finds part of these terms unlawful or unenforceable, the remaining provisions will continue to apply.

Delay In Enforcement

If either party delays enforcing a right, that does not automatically waive the right.

24. Governing Law And Courts

These terms and any dispute or claim arising from them are governed by the law of England and Wales.

If you are a consumer living elsewhere in the United Kingdom, you may also benefit from mandatory protections of the law applicable where you live and may be entitled to bring proceedings in your local courts.

If you are acting in the course of business, the courts of England and Wales will have exclusive jurisdiction, unless otherwise agreed in writing.

25. Speak To Auric Performance