Waiver Agreement & Service Agreement 1

SERVICE AGREEMENT

Welcome! 

Why You’re Reading this Document

The following Service Agreement (the “Agreement”) will clearly communicate our expectations in working together. Please raise any questions you have before signing to make sure we are on the same page moving forward. Let’s do this!

In exchange for agreeing to work together with Synergised, you agree to be bound by the following conditions.

Contractual Terms

1. 1.  Parties. This Agreement is made between Synergised Group Ltd, a private company limited by shares (incorporated in England and Wales under number 12628429 and with VAT registration number 408012735) (“Synergised”, “we”, “us”, and “our”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Agreement (“you” and “your”).

1. 2.  Services. We promise to provide you with the Services and/or Memberships according to the terms outlined in Schedule “A” Services (the “Services”).

1. 3.  What We Expect of You. Just as you are investing in me, we are also investing time and energy in you. For you to gain the most from our practise together and the Services, here is what we expect of you:

1. 3.1.   Time Integrity. Let’s honor our time. Time integrity and keeping your word is important. Please arrive on time, honor the length of the Services and the cancellation policy detailed in section 8 below.

1. 3.2.   Ownership. You are responsible for your own physical, mental and emotional well-being and actions during the course of the Services. Please note while we provide health and nutritional coaching, we are not a doctor and we are not providing medical advice. Please contact your doctor if you have any medical questions or concerns.

1. 3.3.   Commitment. We expect you to be committed to the Services and your practise and that you will do things to help you improve your own mind, spirit, and body.

1. 3.4.   Communication. We expect you to be upfront and honest about how your body works, what pains you have and your medical history. We can’t help if we don’t know what you are experiencing!

1. 4.     Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and Synergised (the “Term”). 

1. 4.1.   The Agreement may be terminated by either party at any time by providing notice to the other party (email is fine). However, if you terminate the Agreement before the Term is complete, you will be obligated to make all payments as outlined in Schedule “A'' Services.

1. 4.2.   If Synergised terminates this Agreement, you will be refunded for a prorated amount of the Payment, proportional to the time or Services remaining with respect to the initial Term.

1. 4.3.   Synergised reserves the right to terminate this Agreement immediately if you violate any of the expectations outlined in section 3 above and you will not be entitled to any refunds or any continued working relationship with Synergised.

1. 5.     Payment. Payment details and cost for the Services are outlined in Schedule “A” Services.

1. 6.     Payment Failure. In the event that your Payment fails, your Membership access will be temporarily suspended until we receive your Payment. In the event of three failed payments, you understand that Synergized may contract a collection agency to collect the money from you.

1. 7.     Incremental Payments. If your method of Payment includes Incremental Payments, you authorize Synergised to maintain your account information and charge that account automatically with no further action required by you. Synergised will charge your method of payment as outlined in Schedule “A”, for the Incremental Payment.

1. 8.     Cancellations and Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how we have drafted our cancellation and refund policy: 

1. 8.1.   Refunds. All sales are final, and services already received are non-refundable.

1. 9.     No Guarantees. Synergised cannot guarantee the success of the Services. We promise to provide you with the opportunity and support to see you grow, but the success of the Services ultimately depends on you. As such, no guarantees can be made for any particular outcome from our Services.

1. 10.  Substitute Services. Synergised has the right to substitute services. This means that if we ever need to switch to online classes or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in person classes.

1. 11.  Force Majeure. Synergised will not be liable for any failure or delay regarding the Membership if such failure or delay is: beyond the reasonable control of Synergised, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.

1. 12.  Ownership of Materials. All the content that we have provided to you, including but not limited to videos, documents and PDFs, are for your use only and are not to be re-distributed or re-used. 

1. 13.  Indemnity. You hereby fully indemnify Synergised and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries. This includes the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of Synergised’s negligence, provided that where Synergised has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.

1. 14.  Waiver. Before the Services can begin, you must sign our Waiver Agreement form, attached as Schedule “B”, Waiver Agreement. Please read it and make sure you understand it. By signing (or clicking “I Agree”) this form, you acknowledge that you have read the Waiver Agreement and agree to its terms.

1. 15.  Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of England. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of England.  Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by me of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, email will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. I agree that this Agreement may be signed electronically or agreed to by having you click “I Agree,” the effect of which will be the same as if I signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.

Made it. Excited to do great things!

AGREED and ACCEPTED                                       

SCHEDULE “A”, SERVICES

Online Courses

Online Membership

SCHEDULE “B”, WAIVER AGREEMENT

Why You’re Reading This Document

The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks associated with our services and have you release Synergised (as defined below) of any liability. Please be aware that if you do not check the “terms & conditions” box, this Waiver and agree to its terms, you will not be able to benefit from Synergised’s services.

If you are under the Age of Majority in England (18 years old), your legal guardian must also sign this Waiver on your behalf. 

• ●       Agreement means this ‘Agreement, Informed Consent and Waiver Agreement ’, which contains the terms upon which you engage in the Activities and any scheduled session or period of time spent undertaking or discussing physical activities and/or exercise and/or training. 
• ●       Information we collect: We require your full name, address, phone number, email, date of birth and details of any medical conditions. We also require the name and phone number of an emergency contact. This information is required so that we can contact you if classes are cancelled, rescheduled or otherwise changed. Medical information is for insurance purposes only. 
• ●       Under the GDPR, we do not share that information with anyone else unless specifically stated in this agreement. 

PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER.  BY CHECKING THE “TERMS & CONDITIONS” BOX, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.

1. 1.     Parties. We will refer to Synergised Group Ltd, of 61 Bridge Street, Kington HR5 3DJ, United Kingdom as “Synergised”, “us” or “we”, or “our”, and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.

1. 2.     The Services. While working with us at Synergised, you may receive holistic and personalised coaching services, programs and more:

1. 2.1.    Health coaching, 
2. 2.2.    Ayurveda consulting and information. 
3. 2.3.    Nutrition coaching, 
4. 2.4.    Spiritual development 
5. 2.5.    The Services also apply to any of the Services made available for online streaming, access or participation (including but not limited to Synergised Nutrition and the membership programme and protocols contained thereon) or that take place outside of Synergised’s facilities, including outdoors or at your home.

                        Together, the "Services".

1. 3.     Inherent Risks. You understand that receiving the Services poses inherent risks and potential side effects, some more obvious or serious than others. These risks can result in serious harm and injuries that could change your quality of life, so we want you to be aware of them beforehand. Potential side effects and injuries include but are not limited to:

1. 3.1.    Over-supplementation or improper supplementation resulting in allergic reaction, toxic overload, digestive distress, headaches, worsening of existing symptoms, etc. and exercise-induced injury such as dizziness, strained muscles, etc.

1. 3.2.    Emotional, psychological and physiological changes, distress, disorientation related to changes in lifestyle, confronting difficult issues, personal challenges, and suppressed feelings or thoughts.

1. 3.3.    Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or equipment. 

1. 3.4.    There are additional risks posed by receiving the Services outside of Synergised’s facilities, as this is a different environment. You acknowledge that where you agree to receive the Services outside of Synergised’s facilities you accept the increased and additional risks that come with this setting. 

1. 3.5.    There may be other reasonable risks posed for Services performed outdoors, such as sun exposure and risk of dehydration, insects, exposure to infections, diseases, pollutants as well as other environmental factors. You understand and agree that Synergised is not responsible for any injuries caused as a result of performing the Services outdoors. 

1. 3.6.    If you are pregnant or recently gave birth, there are additional risks to your body and to the health of your fetus, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.

1. 3.7.    I have declared many medical conditions and/or injuries and I understand that I am responsible for my own safety during coaching and take responsibility for myself at all times. 

1. 4.     Affirmation of Health. By agreeing to receive the Services, you affirm that you have sought medical advice and consulted with your primary care physician to determine that these are the right treatments for you and do not pose a significantly increased risk to your health. If you have any pre-existing medical conditions, physical injuries, weakness, are pregnant or post-natal, you should consult with your doctor first before engaging with the Services. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Services. 

1. 5.     COVID-19 & Infectious Disease. You acknowledge that every time you come to Synergised to receive the Services you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If at any point within 14 days prior to receiving the Services, you have suffered from symptoms of a communicable disease (including but not limited to fever, chills, cough, shortness of breath, or sore throat), been in close contact with someone with a known or suspected case or in a hot spot area, or else are uncertain of your health or risk of transmission, you agree not to visit our business or seek our Services and you should consult with your doctor. 

1. 6.     Medical Disclaimer. You fully understand that Synergised is not a medical or healthcare professional and that the Services and any information, consultation or facilitation provided by Synergised does not constitute medical treatment or advice. You acknowledge and agree that your use of any dietary, lifestyle or wellness recommendations or information is completely voluntary and you are solely responsible for freely choosing to implement them. Regarding any physical or mental health problems, ailments, conditions, eating disorders, or other diseases, you are now being advised that it is your responsibility to obtain competent medical advice from a licensed medical or mental health professional. You understand and agree that any service rendered by Synergised is not designed to cure or prevent any disease, pain, deformity, injury, mental or physical condition of any kind. 

1. 7.     Voluntary Assumption of Risk. You have read this Waiver and understand the risks of receiving the Services provided by Synergised. Your signature below, electronic signature or clicking 'I Agree’, and your acceptance of the Services Synergised illustrates your voluntary engagement and assumption of the risks of the Services.   

1. 8.     Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Synergised, its affiliates, members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of Synergised’s negligence, during the Services at Synergised. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your undertaking of the Services. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf presently or in the future.   

1. 9.     Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing treatments, workshops and Services whether in person (inside or outside), online, or via video conferencing tool. 

1. 10.   General Legal Provisions. Choice of Laws and Venue. This Waiver (and any disputes arising hereunder, including of a non-contractual nature) will be governed by the laws of England and Wales The parties agree to irrevocably submit all claims (including those of a non-contractual nature) to the exclusive jurisdiction of the English and Welsh courts. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement. 

You agree that by checking the “terms & conditions” box, you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.

Thank you for communicating honestly with us. We look forward to working together!