This Online Coaching Agreement (the “Agreement”) is made between Fit Genius FZE, trading as J Clarke Fitness, with its registered address at Business Center, Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates (the “Coach”, “we”, “us” or “our”), and the person purchasing the coaching services (the “Client”, “you” or “your”).
By ticking the acceptance box at checkout and completing your purchase, you confirm that you have read, understood and agreed to this Agreement. Please read it carefully before purchasing.
1. Coaching package and fixed term
1.1 Your agreed coaching term, total fee, start date, end date and payment schedule will be shown at checkout, on your invoice or in a separate confirmation, including email or messaging/voice messaging correspondence. Those details form part of this Agreement.
1.2 Coaching may be offered for different fixed terms or under individually agreed arrangements. The exact term and any special conditions applicable to your purchase will be confirmed before payment.
1.3 Your coaching term begins on the agreed start date and continues until the agreed end date, unless ended earlier in accordance with this Agreement or applicable law.
1.4 Unless your purchase details expressly state otherwise, a fixed-term coaching arrangement is not a month-to-month service. Any fee agreed for that arrangement reflects the Client’s commitment to the full agreed term.
1.5 The coaching term does not renew automatically unless you separately and expressly agree to a renewal in writing or through a clearly presented checkout process.
2. Services included
2.1 Depending on the package purchased, coaching may include:
2.2 Coaching is delivered remotely. The service is collaborative and requires the Client to provide accurate information, complete check-ins and communicate relevant changes.
2.3 We may make reasonable adjustments to training, nutrition targets, exercise selection, check-in structure, software or delivery methods where this does not materially reduce the overall service purchased.
2.4 Support hours, coach availability and response times will be communicated separately. Messages sent outside support hours will be answered when support reopens.
3. Client responsibilities
3.1 You agree to:
3.2 Results depend on many factors, including adherence, health, sleep, stress, experience and individual response. We do not guarantee any particular weight loss, muscle gain, appearance, performance or timeframe.
4. Health, medical clearance and assumption of risk
4.1 Coaching provides general fitness, nutrition and habit guidance. It is not medical care, diagnosis, treatment, physiotherapy, psychotherapy or dietetic treatment.
4.2 You are responsible for obtaining medical clearance before beginning or changing an exercise or nutrition programme, particularly if you have an injury, medical condition, are pregnant, take medication or have been advised to limit physical activity.
4.3 Exercise and dietary change involve inherent risks. You voluntarily accept the ordinary risks of participation, while retaining all rights that cannot lawfully be excluded.
4.4 In an emergency or where you suspect a medical condition, contact an appropriate healthcare professional or emergency service. Do not rely on the coaching platform for urgent care.
5. Fees and payment
5.1 Your total programme fee, coaching term, amount payable at checkout, any remaining instalments and payment dates will be confirmed before purchase at checkout, on your invoice or in a separate confirmation. Those details form part of this Agreement.
5.2 Where a custom payment arrangement is agreed, any coupon, promotional code or checkout adjustment may reduce the amount payable at checkout only. Unless we expressly confirm otherwise in writing, it does not reduce the total programme fee.
5.3 An instalment plan spreads payment of the total fee for the agreed fixed-term package. It does not convert the package into a cancellable month-to-month membership.
5.4 You authorise us and our payment provider to collect each agreed instalment on its due date using the payment method supplied.
5.5 If a payment fails, we may ask you to update your payment method and may pause access after giving reasonable notice. Outstanding contractual payments remain due unless we agree otherwise in writing or applicable law provides otherwise.
5.6 You are responsible for any currency conversion, bank or card fees charged by your provider.
6. Cooling-off and statutory rights
6.1 Nothing in this Agreement removes or limits any mandatory consumer right that applies to you.
6.2 Where applicable law gives you a cooling-off or withdrawal period, you may cancel within the period required by that law. For consumers covered by European Union distance-contract rules, this period is generally 14 calendar days beginning the day after the contract is concluded.
6.3 To exercise an applicable cooling-off right, you must notify us clearly in writing at jonathan@jclarkefitness.com before the relevant period expires. You do not need to give a reason.
6.4 If you ask us to begin providing coaching before an applicable cooling-off period expires, we will collect any separate express request or consent required by law. If you then cancel within that period, you may be required to pay a proportionate amount for the services supplied up to the date of cancellation, where permitted by law.
6.5 Where permitted by law, the cooling-off right may end once the service has been fully performed, but only where performance began with your prior express consent and you acknowledged that the right would be lost once the service was fully performed.
6.6 Any statutory right to cancel or seek a remedy because services are not supplied as agreed, are not brought into conformity or are otherwise defective remains unaffected.
7. Cancellation by the Client
7.1 After any applicable cooling-off period, a change of mind or change in personal circumstances does not automatically end a fixed-term package or create an automatic right to a refund.
7.2 You may request early termination by writing to jonathan@jclarkefitness.com. We will consider the request fairly, but approval is not guaranteed unless required by law. Any discretionary early termination that we approve may be subject to up to 30 calendar days’ notice. Coaching and support will remain available during that notice period, and fees attributable to that period will remain payable or may be included in any settlement calculation.
7.3 If we approve early termination as a discretionary exception, we may offer one or more of the following, as set out in writing:
7.4 Where an early termination settlement includes a refund or remaining balance, we may calculate it on a reasonable, proportionate and transparent basis. This may include valuing the coaching period already supplied at the price of the closest applicable shorter-term package available when you purchased, together with any approved notice period, and deducting that amount from payments already received. We will provide the calculation in writing before asking you to accept the settlement.
7.5 Any early termination settlement must be accepted in writing. Once completed, it settles the remaining term and ends future coaching obligations, except for rights that cannot lawfully be waived.
8. Optional pause policy
8.1 We may, at our discretion, approve a temporary pause for significant illness, injury, bereavement, relocation or another serious circumstance.
8.2 Unless otherwise agreed in writing:
8.3 Approval, duration and conditions of any pause will depend on the circumstances and will be confirmed in writing.
9. Cancellation or suspension by us
9.1 We may suspend or end coaching for a serious or repeated breach, including non-payment, abusive conduct, unlawful activity, unsafe misuse of the service, sharing access or materials, or persistent failure to provide information needed to coach safely.
9.2 Except where immediate action is reasonably necessary, we will explain the issue and give you a reasonable opportunity to remedy it.
9.3 If we end the Agreement without Client fault and cannot provide a reasonable alternative, we will refund the proportion of prepaid services not supplied, subject to applicable law.
10. Intellectual property and permitted use
10.1 Training plans, videos, recipes, guides, templates, app content, branding and other materials remain our intellectual property or that of our licensors.
10.2 We grant you a personal, limited, non-exclusive, non-transferable licence to use coaching materials for your own non-commercial purposes during the period of authorised access.
10.3 You must not copy, publish, sell, distribute, sublicense, share login details, reproduce substantial parts of the materials or use them to provide services to others without written permission.
11. Client content, privacy and confidentiality
11.1 We will process personal data in accordance with our Privacy Policy and applicable data-protection law. The Privacy Policy is available at https://jclarkefitness.com/transformation-program/privacy-policy/.
11.2 You consent to us processing health, fitness, nutrition and progress information that you voluntarily provide where necessary to deliver coaching. Any additional consent required by law will be collected separately.
11.3 We will treat private coaching communications and progress information as confidential, subject to legal obligations, safeguarding concerns and the operation of service providers used to deliver coaching.
11.4 You should avoid sharing highly sensitive information that is not relevant to coaching.
12. Photos, testimonials and marketing
12.1 We will not use your name, image, progress photographs, testimonial or private messages for public marketing unless you give separate, specific permission.
12.2 Any marketing permission is voluntary and may be withdrawn for future use by contacting jonathan@jclarkefitness.com. Withdrawal does not require us to recall materials already lawfully published or distributed before withdrawal, where applicable law permits.
13. Platforms and third-party services
13.1 Coaching may rely on third-party platforms such as payment processors, messaging services, video hosting, nutrition tracking tools or fitness apps.
13.2 We are not responsible for temporary outages or changes outside our reasonable control, but we will take reasonable steps to provide an alternative where an outage materially affects delivery.
13.3 Your use of third-party platforms may also be subject to their own terms and privacy policies.
14. Liability
14.1 Nothing in this Agreement excludes or limits liability that cannot legally be excluded, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence where applicable.
14.2 Subject to clause 14.1, we are not responsible for indirect or consequential losses, loss of profit, business opportunity or data arising from personal consumer use of the coaching service, to the extent permitted by law.
14.3 We are not responsible for loss caused by inaccurate or incomplete information supplied by you, failure to follow safety guidance, use of the service contrary to instructions, or events outside our reasonable control, except where the law provides otherwise.
14.4 Any limitation in this clause applies only to the extent it is fair, transparent and enforceable under applicable law.
15. Complaints and disputes
15.1 Please raise any concern promptly with jonathan@jclarkefitness.com. We will acknowledge the complaint and aim to respond substantively within 10 business days.
15.2 Both parties agree to try to resolve disputes in good faith before commencing formal proceedings, without limiting either party’s legal rights or access to a regulator, card provider, court or other lawful remedy.
16. Governing law & Jurisdiction
16.1 This Agreement is governed by and interpreted in accordance with the laws of the United Arab Emirates, subject to any mandatory consumer protections that apply in the Client’s country of residence and cannot lawfully be excluded.
16.2 Subject to clause 16.1, the competent courts of Sharjah, United Arab Emirates, shall have jurisdiction over any dispute arising from or relating to this Agreement. Nothing in this clause prevents a consumer from bringing proceedings in another court where mandatory law gives them that right.
17. General terms
17.1 Entire agreement. This Agreement, the package description, checkout or invoice, payment confirmation, and Privacy Policy contain the agreement between the parties concerning the coaching service. They do not exclude statements or rights that cannot lawfully be excluded.
17.2 Changes. We may update terms for future purchases. We will not materially change an existing fixed-term Agreement without your consent unless the change is required by law or is clearly permitted and does not disadvantage you.
17.3 Assignment. We may use employees, contractors and service providers to deliver coaching. We will not transfer the Agreement in a way that materially reduces your rights without taking appropriate steps required by law.
17.4 Severability. If a term is found unlawful or unenforceable, it will be removed or limited only as necessary. The remaining terms will continue where legally possible.
17.5 No waiver. A delay in enforcing a right does not mean that right has been waived.
17.6 Notices. Formal notices under this Agreement must be sent to jonathan@jclarkefitness.com and to the email address supplied by the Client.
18. Confirmation and acceptance
18.1 By ticking the acceptance box at checkout and completing your purchase, you confirm that:
18.2 Where the law requires separate consent, we will ask for it separately. This may include consent to begin coaching during a cooling-off period, process health-related information, or use testimonials and progress images. Consent may be collected at checkout, during onboarding, by email or through a written messaging exchange.