Lattice Training Ltd - Terms of Service

Effective from 26th June 2020. Effective to now.

Assessments & Training Plans

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 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.

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 coaching@latticetraining.com.

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.

Lattice 365

1. Summary

Lattice 365 is a paid Facebook group hosted by Lattice Training Ltd (Lattice) which provides services to climbers and athletes, and shall include access to: PDF resources; a webinar library (including Premium Ask Lattice Webinars); a monthly members-only webinar; a community of climbers, Lattice coaches, a Lattice nutritionist and an independent physio contributing to the group; and special offers in relation to Lattice’s services.

These Terms of Service apply to Lattice 365 and no other terms.  Only you are permitted to use this service 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 before using Lattice 365.

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 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. The Lattice 365 Service

Whilst our coaches, nutritionist and an independent physiotherapist will be actively present on Lattice 365, we do not commit to response times or to providing a response to every user post or comment on Lattice 365.  In particular, we reserve the right to refrain from responding to any posts or comments which are outside our expertise.

We will do our best to assess any possible risks for users on Lattice 365 and will decide, where appropriate, to moderate contributions to Lattice 365.  However, we are under no obligation to oversee, monitor or moderate Lattice 365, and we expressly exclude our liability for any loss or damage arising from the use of Lattice 365 by a user in contravention of our content standards, whether it is moderated or not.

Where we do moderate Lattice 365, you are welcome to contact us should a concern or difficulty arise in relation to the moderation.

4. Use of Lattice 365

In order to use Lattice 365 you must be over 18 years of age.

YOU ACKNOWLEDGE AND AGREE THAT ANY ACTIVITY ASSOCIATED WITH AND/OR CARRIED OUT WHICH IS BASED UPON OR RELATED TO THE CONTENT OF THE LATTICE 365 GROUP:

  • 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 ENDEMIC TO 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 ANY ADVICE AND INSTRUCTIONS PROVIDED ON LATTICE 365; AND
  • IN THE CONTEXT OF ANY ADVICE FROM THE PHYSIOTHERAPIST BRINGS TO YOU A RESPONSIBILITY TO NOTIFY THE PHYSIOTHERAPIST OF ANY RELEVANT PHYSICAL AND/OR MENTAL CONDITION WHICH INCLUDES ANY ONSET OF INJURY OR RECURRANCE OF ANY PREVIOUS INJURY.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT:

  • THE ADVICE PROVIDED BY ANY PHYSIOTHERAPIST AVAILABLE TO YOU ON LATTICE 365 IS NOT OUR RESPONSIBILITY BUT THE RESPONSIBILITY OF THAT PHYSIOTHERAPIST AND THAT WE ARE ONLY RESPONSIBLE FOR ADVICE GIVEN BY OUR STAFF.
  • EACH PHYSIOTHERAPIST IS ENTITLED TO RELY ON THE DISCLAIMERS AND OTHER RELEVANT PROVISIONS OF THESE TERMS OF SERVICE AS IF IT WERE LATTICE IN RELATION ONLY TO ADVICE PROVIDED TO YOU VIA LATTICE 365.

5. Facebook Group Use

You acknowledge that you must comply with Facebook’s terms of use in relation to Lattice 365.  In addition, you agree that may use Lattice 365 only for lawful purposes.  You may not use Lattice 365:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of Lattice 365 in contravention of these terms.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our group;
    • any equipment or network on which our group is stored;
    • any software used in the provision of our group; or any equipment or network or software owned or used by any third party.

6. Content Standards

These content standards apply to any and all material which you contribute to Lattice 365 (Contribution).

These Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Bully, insult, intimidate or humiliate.
  • Promote sexually explicit material.
  • Include child sexual abuse material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from Lattice, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

When we consider that a breach of these Content Standards has occurred, we may take such action as we deem appropriate. 

7. Injury

If you become aware of an injury or potential injury connected with any advice given on Lattice 365 you must seek appropriate medical advice.

8. Intellectual Property

We own (or are licensed to use) all intellectual property rights in the content on Lattice 365.  You are entitled to use these intellectual property rights to the extent necessary to your proper use of Lattice 365, but no exclusive rights are granted to you.

9. Prices

Where you agree to pay a monthly charge on signing up to use Lattice 365, your continued use of Lattice 365 is conditional upon payment of the monthly charge. 

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 Lattice 365 on the date of payment. Prices are inclusive of VAT unless otherwise stated.  Please also note that if you pay in a currency other than Pounds Sterling,  prices may vary from those advertised on our website and you may be liable for any additional transaction charges applying as a result of your location. Further information can be obtained by emailing payment@latticetraining.com.

10. Cancellation and Termination

Either of us may cancel your participation in Lattice 365 at any time by notifying the other in writing.  Where you choose to end your subscription, your access to the group will cease from the end of the month that your latest subscription payment covers. Where we do not give notice allowing you to use Lattice 365 to the end of any period for which you have paid in advance, we will refund any payment made in respect of any period after termination.