Terms and Conditions

THESE TERMS

 

1.1 By purchasing a Peak Exec coaching programme, you

are agreeing to these terms and conditions.

 

1.2 Please read these terms carefully before you submit your deposit to us.

These terms tell you who we are, how we will provide the coaching package

to you, how you and we may change or end the contract, what to do if

there is a problem and other important information. If you think that there is a

mistake in these terms, please contact us to discuss.

 

2. INFORMATION ABOUT US AND HOW TO CONTACT US

 

2.1 Who we are. We are Peak Exec Ltd, a company registered in

England and Wales trading as “Peak Exec Ltd”.

Our company registration number: 09604426

Our registered office is at:

Wayman House,

141 Wickham Road

Shirley

CROYDON

Surrey

CR0 8TE

 

2.2 How to contact us. You can contact us by emailing our client service

team at info@alexpedley.com

 

2.3 How we may contact you. If we have to contact you, we will do so by

writing to you at the email address you provided to us in your application.

 

2.4 “Writing” includes emails. When we use the words “writing” or “written” in

these terms, this includes emails.

 

3. DEPOSIT

 

3.1 In order to secure a place on one of our coaching packages, a deposit or full payment of the agree amount must be paid to Peak Exec Ltd.

 

3.2 Once your payment has been received by Peak Exec Ltd, we

will email you to confirm receipt and acceptance of such deposit.

(“Confirmation Email”).

 

4. OUR CONTRACT WITH YOU

 

4.1 Acceptance of your deposit for a coaching package from Peak Exec Ltd will take place when we send to you the Confirmation Email to

accept it, at which point a contract will come into existence between you

and us.

 

4.2 You must be at least 18 years old to apply for a coaching package to be

supplied by Peak Exec Ltd. We reserve the right to refuse your

application and/or supply the coaching package to you if you do not meet

this requirement.

 

4.3 The services to be provided by Peak Exec Ltd within the

selected coaching package shall commence on the start date for that

intake set out in the confirmation email sent to you and shall continue for an

initial term of 3, 6 or 12 months, and in the last month of the programme will be discussed, or either party gives the other party written notice to terminate this contract in accordance with the provisions of clause 8 or clause 12 (as

applicable).

 

4.4 The payment of your deposit confirms your acceptance to the start date

for the commencement of the coaching package. You cannot change or

delay the start date.

 

5. PAYMENT

 

5.1 We accept payment by credit card or debit card. Payment details,

together with details of the selected package applied for, shall be collected

by use through a secure financial data collection mechanism.

 

5.2 All credit card transactions shall be processed through Stripe.

 

5.3 Failure to make payment by the due date requested, will result in the loss

of your place for the forthcoming intake, and you will need to sign up for the

next intake should you wish to join. If you have to sign up for the next intake,

the fee applicable to the initial term of your chosen coaching package will

be the fee applicable for the next intake (which is subject to change on

each intake).

 

5.4 Further to the provisions of clause 4.3, following the expiry of the initial

term of your selected coaching package (depending on the selected

coaching package you have chosen), your subscription shall continue on a

monthly rolling basis, payable by monthly instalment at the rate set out in the

email we will send you one month before the end of your initial program. No partial refunds of any package or any recurring monthly fee will be given.

 

5.5. If you do not make any payment to us by the due date, we may charge

interest to you on the overdue amount at the rate of 4% a year above the

base lending rate of the Bank of England from time to time. This interest shall

accrue on a daily basis from the due date until the date of actual payment

of the overdue amount, whether before or after judgment. You must pay us

interest together with any overdue amount.

 

6. REFERRAL POLICY

 

6.1 If an active paying client (an Existing Client) refers a new client to

purchase a coaching package of a minimum initial term of 3 months, the

Existing Client will receive a free month coaching (such discount amount shall

be at the discretion of Peak Exec Ltd and subject to change as

Peak Exec Ltd may decide from time to time), on their next

month’s rolling instalment payment.

 

6.2 If an Existing Client refers multiple new clients in one intake, they will have

the discount applied to their monthly rolling instalment for the number of

months (one month per one new client) applicable.

 

6.3 If the Existing Client is currently in the initial term of their package, they will

need to wait for their monthly rolling fee instalments to commence in order to

benefit from the discount.

 

6.4 For the referral discount to apply to the Existing Client, the new client must

provide the full name of the Existing Client and their coach in an email

directed to info@alexpedley.com. Failure to do both will mean the referral

discount won’t be applied. Multiple referee names will also make the

discount void. Any request to apply referral credits at any time after the

Application Form has been submitted by the new client will not be

accepted.

 

6.5 Referral discounts will only be applied to any forthcoming month. Peak Exec Ltd will not apply the referral discount to an earlier month

nor refund any part of any previous month paid. If for any reason, Peak Exec Ltd has been unable to apply the referral discount, we will ensure it

is applied to the following month.

 

7. OUR RIGHTS TO MAKE CHANGES

 

We may make changes to these terms, but if we do so we will notify you and

you may then contact us to end the contract before the changes take

effect and receive a refund for any products or services within the coaching

package that you have paid for but not yet received.

 

8. PROVIDING THE COACHING PACKAGE

 

8.1 We will supply the coaching package to you until either:

8.1.1 the subscription expires (if applicable); or

8.1.2 you end the contract as described in clause 11; or

8.1.3 we end the contract by written notice to you as described in clause 13.

 

8.2 If our supply of the coaching package is delayed by an event outside our

control then will contact you as soon as possible to let you know and we will

take steps to minimise the effect of the delay. Provided we do this we will not

be liable for delays caused by the event, but if there is a risk of substantial

delay you may contact us to end the contract and receive a refund for any

portion of the coaching package that you have paid for but not received.

 

8.3 What will happen if you do not give required information to us. We may

need certain information from you so that we can supply the selected

coaching package to you, for example, health and medical history or

dietary information. If so, we will contact you by email to ask for this

information. If you do not give us this information within a reasonable time of

us asking for it, or if you give us incomplete or incorrect information, we may

either end the contract (and clause 13.1.2 will apply) or make an additional

charge of a reasonable sum to compensate us for any extra work that is

required as a result. We will not be responsible for supplying the products late

or not supplying any part of them if this is caused by you not giving us the

information we need within a reasonable time of us asking for it.

 

8.4 What will happen if you do not commit to the programme. You must send

your weekly check-in and maintain contact with your coach throughout the

duration of the coaching package. If the coach does not hear from you or

receive check-ins from you, they are not obliged to follow up or chase you. If

you fail to respond to any communication with your coach and/or the Peak Exec team as a whole, we reserve the right to end the contract

(and clause 13.1.3 will apply). Chases for one month by your coach will be

deemed a failure to respond under this clause 8.4.

 

8.5 Your rights if we suspend the supply of the coaching package. We will

contact you in advance to tell you we will be suspending supply of the

coaching package, unless the problem is urgent or an emergency. If we

have to suspend the supply of the coaching package for longer than 3

months in any 12 month period we will adjust the price so that you do not

pay for the package while it is suspended. You may contact us to end the

contract for the coaching package if we suspend it, or tell you we are going

to suspend it, in each case for a period of more than 3 months and we will

refund any sums you have paid in advance for the package in respect of the

period after you end the contract.

 

8.6 We may also suspend supply of the coaching package if you do not pay.

If you do not pay us for the coaching package when you are supposed to

(see clause 5.8) and you still do not make payment within 30 days of us

reminding you that payment is due, we may suspend supply of the coaching

package until you have paid us the outstanding amounts. We will contact

you to tell you we are suspending supply of the coaching package. We will

not charge you for the products during the period for which they are

suspended. As well as suspending the coaching package we can also

charge you interest on your overdue payments (see clause 5.8).

 

9. 30 DAY MONEY BACK GUARANTEE

 

If you have committed to the coaching package and checked in with your

coach every week on time with a full update (in the format requested by

your coach at the outset), and you have not progressed in any way towards

your initial goals at all (as agreed in the Game Plan Call), Peak Exec Ltd will refund your first remainder of payment on request. Any

deposit paid is non-refundable.

 

10. PAUSING THE COACHING PACKAGE

 

10.1 A pause will significantly delay your progress in your Path to Peak

Condition Accelerator and we advise against such action. The focus should

be on implementing the strategies put in place by your coach and discussing

any issues that may have given cause to the suggestion of or request for a

pause on the coaching package. Pauses will therefore not be given in any

circumstances.

 

11. YOUR RIGHTS TO END THE CONTRACT

 

11.1 Ending the contract because of something we have done or are going

to do. If you are ending a contract for a reason set out in clauses 11.1.1 to

11.1.5 below the contract will end immediately and we will refund you in full

for any portion of the coaching package which has not been provided and

you may also be entitled to compensation. The reasons are:

11.1.2 we have told you about an upcoming change to these terms which

you do not agree to (see clause 7)

11.1.3 there is a risk that supply of the coaching package may be significantly

delayed because of events outside our control;

11.1.4 we have suspended supply of the coaching package for technical

reasons, or notify you we are going to suspend them for technical reasons, in

each case for a period of more than 3 months; or

11.1.5 you have a legal right to end the contract because of something we

have done wrong (including because we have delivered the services late

(see clause 8.2).

 

11.2 Exercising your right to change your mind (Consumer Contracts

Regulations 2013). For most products bought online you have a legal right to

change your mind within 14 days and receive a refund. These rights, under

the Consumer Contracts Regulations 2013, are explained in more detail in

these terms. Any deposit paid is non-refundable if you have started using the

service and exercise your right to change your mind.

 

11.3 When you don’t have the right to change your mind. You do not have a

right to change your mind in respect of:

11.3.1 digital products after you have started to download or stream these –

for example once you have downloaded the Google sheets resources or

started streaming health and fitness guidance videos; and

11.3.2 services, once these have been completed, even if the cancellation

period is still running.

 

11.4 How long do I have to change my mind? You have 14 days after the

day you have paid the package cost in full. If you cancel after we have

started the coaching package, you must pay us for the services provided up

until the time you tell us that you have changed your mind.

 

11.5 Ending the contract during the initial package. Even if we are not at

fault and you do not have a right to change your mind (see clause 11.1), you

can still end the contract before it is completed and within the initial term. If

you want to end the contract in these circumstances, just contact us to let us

know. The contract will not end until 1 calendar month after the day on

which you contact us. Any payments made for the initial term of the

coaching package (depending on which package you have chosen) are

not refundable.

 

11.6 Ending the contract after the initial package. Following the expiry of the

initial package, the contract will continue automatically on a monthly rolling

basis until it is cancelled. If you want to end the contract in these

circumstances, just contact us to let us know. A request to cancel the

contract must be given in writing to info@alexpedley.com at least 1 calendar

month before your next monthly payment is due to be paid. You will only

need to complete the current month and your contract will end once the

current month has been completed. We will refund any advance payment

you have made for the coaching package during the monthly rolling period

for services which will not be provided to you. For example, if you tell us you

want to end the contract on 1st March and your monthly payment date is

1st of each month, we will continue to supply the coaching package until 1

April. We will only charge you for supplying the coaching package up to 1

March and will refund any sums you have paid in advance for the supply of

the coaching package after 1st April. If you miss the 1month deadline before

your monthly payment is due to be paid, your contract will continue until the

end of the following month. For example, if you tell us you want to cancel the

contract on 28th March and your monthly payment date is 1sh of each

month, we will continue to supply the coaching package until 1st May and

take the payment due on 1st April as normal. The coaching package will

continue to be provided and your contract will be cancelled on the 1st April.

 

12. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE

CHANGED YOUR MIND)

 

12.1 Tell us you want to end the contract. To end the contract with us, please

let us know by emailing us at info@alexpedley.com. Please provide your

name, home address, details of the coaching package and, where

available, your phone number and email address.

 

12.2 How we will refund you. We will refund you the price you paid for the

coaching package, by the method you used for payment. However, we

may make deductions from the price, as described below.

 

12.3 Deductions from refunds if you are exercising your right to change your

mind. We may deduct from any refund an amount for the supply of the

service for the period for which it was supplied, ending with the time when

you told us you had changed your mind. The amount will be in proportion to

what has been supplied, in comparison with the full coverage of the

contract.

 

12.4 When your refund will be made. We will make any refunds due to you as

soon as possible. If you are exercising your right to change your mind then,

your refund will be made within 14 days of your telling us you have changed

your mind.

 

13. OUR RIGHTS TO END THE CONTRACT

 

13.1 We may end the contract if you break it. We may end the contract for

the coaching package at any time by writing to you if:

 

13.1.1 you do not make any payment to us when it is due, and you still do not

make payment within 30 days of us reminding you that payment is due; or

13.1.2 you do not, within a reasonable time of us asking for it, provide us with

information that is necessary for us to provide the coaching package, for

example, health and medical history or dietary information in accordance

with clause 8.3; or

13.1.3 you do not respond to our communications in accordance with clause

8.4.

 

13.2 You must compensate us if you break the contract. If we end the

contract in the situations set out in clause 13.1 we will refund any money you

have paid in advance for the period of the coaching package in any

monthly rolling period of the contract that we have not provided but we may

deduct or charge you reasonable compensation for the net costs we will

incur as a result of your breaking the contract, and we will retain any

proportion of payment applicable to the initial term of the coaching

package. Where we have ended the contract in the situation set out in

clause 13.1.3, we shall be entitled to retain any monies that you have paid to

us for services which were made available to you up to the contract end

date but which you decided not to take the benefit of.

 

13.3 We may withdraw the coaching package. We may write to you to let

you know that we are going to stop providing the coaching package. We

will let you know at least 10 days in advance of our stopping the supply of the

coaching package and will refund any sums you have paid in advance for

the period of the coaching package which will not be provided.

 

14. IF THERE IS A PROBLEM WITH THE COACHING PACKAGE

 

14.1 How to tell us about problems. If you have any questions or complaints

about the coaching package, please contact us. You can email our client

service team at info@alexpedley.com.

 

14.2 Summary of your legal rights. We are under a legal duty to supply

products that are in conformity with this contract. See the box below for a

summary of your key legal rights in relation to the coaching package.

Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain

exceptions. For detailed information please visit the Citizens Advice website

www.adviceguide.org.uk or call 03454 04 05 06.

If your product is digital content, for example a subscription to a streaming

service, the Consumer Rights Act 2015 says digital content must be as

described, fit for purpose and of satisfactory quality:

1. b) If your digital content is faulty, you’re entitled to a repair or a

replacement.

2. c) If the fault can’t be fixed, or if it hasn’t been fixed within a

reasonable time and without significant inconvenience, you can

get some or all of your money back.

3. d) If you can show the fault has damaged your device and we haven’t

used reasonable care and skill, you may be entitled to a

repair or compensation.

See also clause 11.2.

If your product is services, for example a coaching package, the Consumer

Rights Act 2015 says:

1. a) You can ask us to repeat or fix a service if it’s not carried out with

reasonable care and skill or get some money back if we can’t fix

it.

2. b) If you haven’t agreed a price beforehand, what you’re asked to

pay must be reasonable.

3. c) If you haven’t agreed a time beforehand, it must be carried out

within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts

Regulations 2013).

 

15. OUR RESPONSIBILITY

 

15.1 General

 

15.1.1 Results from our coaching package will vary and we cannot

guarantee an exact or specific outcome. We do not make any

representations or guarantees that the use of the Path to Peak Condition

Accelerator packages will promise concrete success. The training result will

depend on factors which cannot be influenced, such as physical disposition

and preconditions. Results may vary widely between individuals despite the

same use of the Path to Peak Condition Accelerator packages.

15.1.2 It is your responsibility to ensure that any equipment or training tools

that you use are in good working condition and installed and/or set up

properly.

 

15.2 We do not exclude or limit in any way our liability to you where it would

be unlawful to do so. This includes liability for death or personal injury caused

by our negligence or the negligence of our employees, agents or

subcontractors; for fraud or fraudulent misrepresentation; for breach of your

legal rights in relation to the products as summarised at clause 13.2.

 

15.3 We are not liable for business losses. We only supply the products for

domestic and private use. If you use the products for any commercial,

business or re-sale purpose we will have no liability to you for any loss of profit,

loss of business, business interruption, or loss of business opportunity.

 

16. NON-SOLICITATION

 

You must not attempt to purchase services or engage in any activity that is

competitive with the coaching package from any of our directors,

employees or consultants during the period that we are providing the

coaching package to you and for a period of six months following

termination of the Contract.

 

17. HOW WE MAY USE YOUR PERSONAL INFORMATION

 

17.1 We will use any personal information you provide to us to:

17.1.1 provide the coaching package;

17.1.2 process your payment for the coaching package; and

17.1.3 inform you about similar products or services that we provide, but you

may stop receiving these at any time by contacting us.

 

17.2 We take your privacy very seriously and further details of how we will

process your personal information can be found in our Privacy Policy.

 

17.3 Peak Exec Ltd reserves the right to use any “before and

after” images within promotional materials, both web-based and offline and,

accordingly, you hereby consent to such usage.

17.4 As part of the coaching package, you may be asked to connect a compatible wearable device (including an Oura Ring) to our coaching platform via the device manufacturer’s API.

17.5 By connecting your device, you authorise us to access data including sleep, activity, readiness, heart rate, and related health metrics from your device account, for the purpose of informing your coaching programme.

17.6 You may disconnect your device at any time through your account settings with the device manufacturer. Disconnecting does not affect your existing coaching contract but may limit your coach’s ability to track certain aspects of your progress.

17.7 Data accessed from your wearable device is used solely to support your coaching package and is not sold or used for advertising purposes.

 

18. Peak Exec property

 

18.1 All intellectual property rights in our website, portal, app and content or

arising out of or in connection with the supply of the coaching package, shall

be owned by Peak Exec Ltd.

 

18.2 You agree that you shall not copy or otherwise record the information

and content provided to you through the provision of the coaching package

except as strictly necessary for the purpose of the coaching. Any such copies

and records shall be the property of Peak Exec Ltd.

 

18.3 Following cancellation of this contract, and if so requested by Peak Exec Ltd by notice in writing to you, you agree that you shall

destroy or return to Peak Exec Ltd all documents and materials

(and any copies) provided to you or made available to you during the

course of the coaching package.

 

19. OTHER IMPORTANT TERMS

 

19.1 Peak Exec coaches and the administrative team are entitled

to take time ‘off the grid’ as holidays throughout the year to encourage

mental and physical health. They will of course provide sufficient notice of

any dates planned as well as guidance and a strategy for any

communication in their absence so there is no gap in the coaching process.

 

19.2 We may transfer this contract to someone else. We may transfer our

rights and obligations under these terms to another organisation. We will

always tell you in writing if this happens and we will ensure that the transfer

will not affect your rights under the contract.

 

19.3 You cannot transfer your rights under this contract to someone else. This

is because the coaching package is bespoke to you and built around your

personal requirements, health and wellbeing.

 

19.4 Nobody else has any rights under this contract. This contract is between

you and us. No other person shall have any rights to enforce any of its terms.

 

19.5 If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or

relevant authority decides that any of them are unlawful, the remaining

paragraphs will remain in full force and effect.

 

19.6 Even if we delay in enforcing this contract, we can still enforce it later. If

we do not insist immediately that you do anything you are required to do

under these terms, or if we delay in taking steps against you in respect of your

breaking this contract, that will not mean that you do not have to do those

things and it will not prevent us taking steps against you at a later date. For

example, if you miss a payment and we do not chase you, but we continue

to provide the products, we can still require you to make the payment at a

later date.

 

19.7 Which laws apply to this contract and where you may bring legal

proceedings. These terms are governed by English law and you can bring

legal proceedings in respect of the products in the English courts. If you live in

Scotland you can bring legal proceedings in respect of the products in either

the Scottish or the English courts. If you live in Northern Ireland you can bring

legal proceedings in respect of the products in either the Northern Irish or the

English courts.

 

Print Name…………………………………

Signed by client……………………………

 

I agree to give a testimonial in writing or on video at the end of my

programme with Peak Exec Ltd.

 

Print Name…………………………………

Signed by client……………………………