Lattice Training Ltd – Terms of Service

Assessments & Training Plans

Summary

Lattice Training Ltd provides services to climbers and athletes including coaching, physical training and physical assessments on these Terms of Service and no other terms.  As most sport and exercise-related activities involve a risk to the participant, the risks and your responsibilities are described in detail.  Anyone who receives a service from Lattice Training Ltd is bound by these Terms of Service and the contents of any document referenced in them, including but not limited to the Cancellation Policy, any pre-assessment questionnaire or other similar document you are asked to complete, and/or any remote instructions or guides which you are instructed to follow.

Our contract is with you and you may not transfer your rights under it to anyone else.

If you are unsure about anything in these Terms of Service or do not agree to any of them then you must contact Lattice Training Ltd before receiving any service from us.

Lattice may vary these terms from time to time as set out below under ‘Prices & Changes to these terms’.

Governing Law

These Terms of Service, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with, the law of England and Wales.

Each party irrevocably agrees that (except where you are a consumer living in Scotland or Northern Ireland) the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Service or the subject matter or formation of this contract between the parties. Nothing in this clause shall limit the right of Lattice Training Limited to issue or take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

Suitability for participation with services and acceptance of associated risks

None of the coaches at Lattice Training Ltd are doctors and we do not give medical advice. No recommendations given by our coaches or other staff, either on our website, social media channels or via email or other communication, is intended to construe a diagnosis or treatment for a medical condition.

In order to receive any service from Lattice Training Ltd you must meet the following criteria:

  • You must be over 18 years of age (or provide evidence of permission to participate from a parent or guardian if permitted for the particular service as not all services are permitted for those under 18 years of age).
  • You must not have been advised by a qualified medical professional to refrain from any climbing or physical training-related activities.
  • You must not be aware of or ought reasonably to be aware of any injury and/or health-related issues which will or may increase the risk of participation in climbing or physical training activities.

YOU ACKNOWLEDGE AND AGREE THAT ANY ACTIVITY ASSOCIATED WITH LATTICE TRAINING LTD’s SERVICES:

  • MAY TEST YOUR PHYSICAL AND MENTAL LIMITS;
  • CARRIES WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, MINOR INJURY AND ADVERSE EFFECTS TO MENTAL HEALTH – THIS INCLUDES BUT IS NOT LIMITED TO SOFT TISSUE INJURIES WHICH ARE COMMON IN CLIMBING AND TRAINING FOR CLIMBING, PARTICULARLY TO THE FINGERS, ELBOWS AND SHOULDERS. THE RISKS (WHICH ARE NOT WITHIN OUR CONTROL) INCLUDE, BUT ARE NOT LIMITED TO:  TEMPERATURE, LACK OF HYDRATION, EQUIPMENT, THE UNSUITABILITY OF YOUR PHYSICAL AND MENTAL CONDITION, AND THE ACTIONS OF OTHER PEOPLE INCLUDING, BUT NOT LIMITED TO, YOURSELF AND OTHER PARTICIPANTS.  FOR MORE INFORMATION REGARDING INJURY TRENDS IN CLIMBING, PLEASE SEE THIS ARTICLE HERE – HOWEVER, PLEASE NOTE THAT THIS IS NOT AN EXHAUSTIVE LIST OF POTENTIAL INJURIES AND RISK OF OCCURRENCE WHILST CLIMBING OR TRAINING.
  • MAY REQUIRE YOU TO USE YOUR EXPERIENCE AND JUDGEMENT IN APPLYING OUR ADVICE AND INSTRUCTIONS TO YOUR TRAINING; AND
  • BRINGS TO YOU A RESPONSIBILITY TO NOTIFY US OF ANY RELEVANT CHANGE IN YOUR PHYSICAL AND/OR MENTAL CONDITION WHICH INCLUDES ANY ONSET OF INJURY OR RECURRENCE OF ANY PREVIOUS INJURY.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE ONLY RESPONSIBLE FOR OUR FACILITIES AND OUR STAFF AND THAT ANY RIGHT OF ACTION THAT YOU HAVE MAY BE AGAINST SOMEONE OTHER THAN US, FOR EXAMPLE, THE OWNER OF THE FACILITY THAT YOU USE OR THE PERSON APPLYING OUR ADVICE AND INSTRUCTIONS TO YOUR ASSESSMENT OR TRAINING.

You understand that while receiving services from us you may be photographed and/or filmed for the purposes of coaching feedback. Any photographs or films taken by us of you will not be published publicly without your prior consent.

YOU AGREE TO COMPLY WITH ALL ADVICE AND INSTRUCTIONS GIVEN BY LATTICE TRAINING LTD (AND ITS REPRESENTATIVES) IN THE COURSE OF PROVIDING SERVICES OR TO NOTIFY US IMMEDIATELY IF YOU CANNOT COMPLY.  YOU ALSO AGREE TO PROVIDE FEEDBACK AS REQUESTED BY US.  WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOU FAILING TO MEET YOUR OBLIGATIONS UNDER THIS PARAGRAPH.

Assessments

Lattice Training Ltd offers assessments.  The nature of each assessment is described on our website along with the specific entry criteria that you must meet in order to undertake each assessment.  Your responsibilities and our responsibilities in relation to your assessment depend upon whether or not your assessment is completed by our in-house trainers and/or third party accredited trainers in person or is completed remotely. We use reasonable care and skill in relation to all assessments provided by us.

If you have purchased an assessment for which we subsequently believe you are not eligible (based on your pre-assessment questionnaire responses and/or on the day of the assessment) then you will be contacted by our coaching team to discuss this further and if appropriate Lattice Training Limited will issue a full or partial refund depending on whether or not you have commenced the assessment and/or a Lattice trainer has attended an assessment in person with you.

Training Plan Services

Lattice Training Ltd offers training plan services (which includes but is not limited to Performance Training Plans, Lattice Training Plans and Flexibility Training Plans). The type of plan and the service we provide is described on the relevant webpage for each plan along with specific entry criteria that you must meet in order to purchase each training plan service. Your responsibilities and our responsibilities in relation to your training plan depend upon whether or not your plan includes direct contact and supervision by our coaches and these will also be outlined on the relevant webpage for each plan. We use reasonable care and skill in relation to all training plan services provided by us. If you do not comply with your responsibilities, then we may not be in a position to comply with our responsibilities and/or our compliance may be delayed.

If you have purchased a training plan service for which we believe you are not eligible then you will be contacted by our coaching team to discuss this further and if appropriate Lattice Training Limited will issue a full or partial refund depending on the circumstances less any transfer or other fees paid by Lattice Training Limited. Please see our cancellation policy for further information.

Injury

You must be injury free in order to start a training plan with us. If you become aware of an injury or potential injury before or whilst undertaking an assessment or training plan with us you must:

  • seek appropriate medical advice;
  • notify the Lattice Training team and your third party coach (if applicable) as soon as possible;
  • cease to take delivery of services from Lattice Training Ltd and cease to participate in all activities associated with those services;
  • only resume those activities when you have been cleared by a medical professional to participate in those activities and if you are undertaking a training plan with coach contact and supervision you must only resume training once you have received notification from a member of the Lattice Training coaching team that this is appropriate.

Intellectual Property

We own (or are licensed to use) all intellectual property rights in our website and in the services that we provide to you (including all deliverables, such as training plans and session sheets). You are entitled to use these intellectual property rights to the extent necessary to your receipt and proper use of our services, but no exclusive rights are granted to you. You are responsible for protecting those rights on our behalf, in particular by keeping confidential any password that we provide to you.

Prices and Changes to These Terms

Please note that our prices do change from time to time and that the price we charge you will be the price on our website that is applicable to the service that we provide on the date of provision/commencement of services (as applicable). Please also note that prices may vary from those advertised on our website depending on the currency used for payment and any additional transaction charges that may apply depending on your location. Further information can be obtained by emailing [email protected].

We may change any of the terms of your agreement, including our prices, from time to time. We’ll let you know at least one month in advance if we decide to: 

(i) discontinue your subscription or other service; or 

(ii) make any changes to your agreement which are (in our reasonable opinion) likely to be of material detriment to you which would, for example, include an increase in your subscription price. If you do not accept such changes you can end the agreement without penalty prior to the change taking effect, as explained in our Cancellation Policy. However, this right to end the agreement will not apply if any change or increase is due to changes to the law, regulation or any licence which affect us – including any increase or change in the rate of VAT or other applicable taxes or the introduction of any new taxes.

If you carry on using your subscription service after any change takes effect, you will be considered to have accepted the change, and won’t be able to then end the agreement save as set out in our Cancellation Policy.

Cancellation and Termination

Please see our Cancellation Policy

It is your responsibility to cancel our subscription based training services if you no longer wish to receive them.  We do not offer refunds in respect of periods during which you have not opted to cancel.  However, if you do not respond to our requests for information in respect of our subscription based training services for three months following the end of your most recent training plan then we may opt to cancel this agreement and your ongoing payments.

We may terminate or (at our option) suspend the provision of our services if we do not receive from you any payment that is due to us.

Where your chosen training plan services gives you password-protected access to our Lattice Training App, you may (subject to keeping your password confidential at all times) retain limited access to some parts of the platform after termination.  The provisions of these terms will continue to apply to that access, to the extent applicable.  Please note that you are entitled by law to request us to delete your personal data at any time.

Education Course Terms

Summary

Lattice Training Ltd provides education courses (via a third party’s platform) to climbers on these Terms of Service and no other terms. As most sport and exercise-related activities involve a risk to the participant, the risks and your responsibilities are described in detail. Anyone who accesses Lattice Training Ltd’s education courses is bound by these Terms of Service and the contents of any document referenced in them, including but not limited to the Cancellation Policy. You will also be subject to the terms of use and privacy policy of the third party platform that we use.

Our contract is with you and you may not transfer your rights under it to anyone else. Our educational materials are for your personal use and should not be used by you in relation to anyone else (whether in return for payment or otherwise).

If you are unsure about anything in these Terms of Service or do not agree to any of them then you must contact Lattice Training Ltd before receiving any service from us.

Lattice may vary these terms from time to time as set out below under ‘Prices & Changes to these terms’.

Governing Law

These Terms of Service, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with, the law of England and Wales.

Each party irrevocably agrees that (except where you are a consumer living in Scotland or Northern Ireland) the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Service or the subject matter or formation of this contract between the parties. Nothing in this clause shall limit the right of Lattice Training Limited to issue or take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

Suitability for undertaking training and acceptance of associated risks

None of the coaches at Lattice Training Ltd are doctors and we do not give medical advice. No recommendations given by our coaches or other staff, in our educational materials, on our website, social media channels or via email or other communication, is intended to be construed as a diagnosis or treatment for a medical condition.  Our materials are not tailored to you and are provided ‘as is’ but without prejudice to any remedies to which you may be entitled as a consumer.

In order to purchase and access Lattice Training Ltd’s educational courses you must be over 18 years of age.

In addition, you should not put any of our advice or guidance into practice if:

  • You have been advised by a qualified medical professional to refrain from any climbing or physical training-related activities.
  • You are aware of or ought reasonably to be aware of any injury and/or health-related issues which will or may increase the risk of participation in climbing or physical training activities.

YOU ACKNOWLEDGE AND AGREE THAT ANY ACTIVITY YOU UNDERTAKE AS A RESULT OF WATCHING AND APPLYING ANY OF THE GUIDANCE OR ADVICE IN OUR EDUCATIONAL COURSE:

  • MAY TEST YOUR PHYSICAL AND MENTAL LIMITS;
  • CARRIES WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, MINOR INJURY AND ADVERSE EFFECTS TO MENTAL HEALTH – THIS INCLUDES BUT IS NOT  LIMITED  TO  SOFT TISSUE INJURIES WHICH ARE COMMON IN CLIMBING AND TRAINING FOR CLIMBING, PARTICULARLY TO THE FINGERS, ELBOWS AND SHOULDERS. THE RISKS (WHICH ARE NOT WITHIN OUR CONTROL) INCLUDE, BUT ARE NOT LIMITED TO: TEMPERATURE, LACK OF HYDRATION, EQUIPMENT, THE UNSUITABILITY OF YOUR PHYSICAL AND MENTAL CONDITION, AND THE ACTIONS OF OTHER PEOPLE INCLUDING, BUT NOT LIMITED TO, YOURSELF AND OTHER PARTICIPANTS. FOR MORE INFORMATION REGARDING INJURY TRENDS IN CLIMBING, PLEASE SEE THIS ARTICLE HERE – HOWEVER, PLEASE NOTE THAT THIS IS NOT AN EXHAUSTIVE LIST OF POTENTIAL INJURIES AND RISK OF OCCURRENCE WHILST CLIMBING OR TRAINING.
  • MAY REQUIRE YOU TO USE YOUR EXPERIENCE AND JUDGEMENT IN APPLYING OUR ADVICE AND INSTRUCTIONS TO YOUR TRAINING; AND
  • YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE ONLY RESPONSIBLE FOR OUR EDUCATIONAL MATERIALS AND THAT ANY RIGHT OF ACTION THAT YOU HAVE MAY BE AGAINST SOMEONE OTHER THAN US, FOR EXAMPLE, THE OWNER OF THE FACILITY THAT YOU USE TO PUT OUR ADVICE AND GUIDANCE INTO PRACTICE.

YOU AGREE TO COMPLY WITH ALL ADVICE AND INSTRUCTIONS GIVEN BY LATTICE TRAINING LTD IN THE EDUCATIONAL MATERIALS  OR  TO CEASE USE OF THEM IMMEDIATELY IF YOU CANNOT COMPLY. YOU ALSO AGREE TO PROVIDE FEEDBACK AS REQUESTED BY US. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOU FAILING TO MEET YOUR OBLIGATIONS UNDER THIS PARAGRAPH.

Injury

The advice and guidance within our educational materials is given on the assumption that you are injury free when you put it into practice. If you become aware of an injury or potential injury before or whilst applying the advice and guidance within our educational materials you must:

  • seek appropriate medical advice;
  • cease training and climbing;
  • only resume training or climbing based on the advice and guidance within our educational materials when you have been cleared by a medical professional to do so.

Intellectual Property

We own (or are licensed to use) all intellectual property rights in our educational course materials. You are entitled to use these intellectual property rights to the extent necessary to your receipt and proper use of our educational materials, but no exclusive rights are granted to you.  You are responsible for protecting those rights on our behalf, in particular by keeping confidential any password that is provided to you in relation to them.

Prices and Changes to Educational Course

Please note that our prices do change from time to time and that the price we charge you will be the price on our website that is applicable to your selected education course on the date of purchase. Please also note that prices may vary from those advertised on our website depending on the currency used for payment and any additional transaction charges that may apply depending on your location. Further information can be obtained by emailing [email protected].

We may change or update any of our educational course materials from time to time. We’ll let you know at least one month in advance if we decide to discontinue any of our educational courses.

Your right to cancel

You have a legal right to change your mind about making a purchase from us within 14 days after the day we email you to confirm your order (‘cooling off period’), and receive a full refund. However, if you opt to access or view any of the education course materials within the cooling off period, you will lose any statutory right to cancel this contract. Beyond the cooling off period, you will not receive a refund.

Please see our cancellation policy