Terms of Service V2

Lattice Training Ltd

Terms of Service – Assessments & Training Plans

Effective from 16th February 2020. Effective to 25th June 2020.

1. 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.

2. 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.

3. Suitability for participation with services and acceptance of associated risks

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 . 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.

WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOU FAILING TO MEET YOUR OBLIGATIONS UNDER THIS PARAGRAPH.

4. 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.

5. Training Plan Services

Lattice Training Ltd offers training plans.  The contents of each plan is described on our website along with specific entry criteria that you must meet in order to undertake a training plan.  Your responsibilities and our responsibilities in relation to your training plan depend upon whether or not your plan includes e-mail supervision by our trainers. We use reasonable care and skill in relation to all training plans provided by us.

If you have purchased a plan 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 whether or not you have commenced the plan and/or a Lattice trainer has worked on the plan.

6. Injury

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 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 Premium Plan you must only resume training once you have received notification from a member of the Lattice Training coaching team that this is appropriate.

7. 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).  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.

8. Prices

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].

9. Cancellation and Termination

Please see our cancellation policy https://latticetraining.com/policy/cancellations/

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.