Terms & Conditions

.Terms

These terms of use (together with the documents referred to in it) set out the terms on which you may make use of our website www.phil-graham.com (“our site”), whether as a visitor or registered user.

Please read these terms of use carefully before you start to use our site as these will apply to your use of our site. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

Other Applicable Terms

These terms of use refer to the following additional terms which also apply to your use of our site:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate;

Our Acceptable Use Policy, which sets out the permitted and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy; and

Our Cookie Policy, which sets out information about the cookies on our site.

Changes To These Terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we have made as they are binding on you.

Changes To Our Site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing Our Site

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

By logging-in to our site you are also giving your explicit permission for us to correspond with you via email. You are free to Unsubscribe from any and all emails at any time.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

No Reliance On Information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of Our Liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site or use of or reliance on any content displayed on our site. We will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of- service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. We will not be liable for any loss or damage that may arise from your use of them.

Uploading Content To Our Site

Whenever you make use of a feature that allows you to upload content to our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.

Any content you upload to our site will be considered non-confidential and non- proprietary. You retain all of your ownership rights in your content, but you grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next section.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not necessarily represent our views or values.

Rights You Licence

When you upload or post content to our site, you grant us a perpetual, worldwide, non- exclusive, royalty-free licence (with the right to sub-licence) to use, copy, reproduce, distribute, prepare derivative works of (including modifying and adapting), or display that user generated content in connection with our services and the promotion of our services and in any and all media and distribution methods. Such use may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through our site.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Third Party Links On Our Site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

Applicable Law

These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

This acceptable use policy sets out the terms between you and us under which you may access our website www.phil-graham.com (“our site”). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept and agree to abide by all the policies in this acceptable use policy, which supplement our terms of website use.

Prohibited Uses

You may use our site only for lawful purposes. You may not use our site:

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.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see section below).

To transmit 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 our site in contravention of the provisions of our terms of website use.

Interactive Services

We provide interactive services on our site including, without limitation, blog functionality.

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online.

Content Standards

These content standards apply to any and all material which you contribute to our site (“contributions”), and to any interactive services associated with it.

The standards apply to each part of any contribution as well as to its whole. Contributions must:

Be accurate (where they state facts).

Be genuinely held (where they state opinions).

Comply with applicable law in the UK and in any country from which they are posted. Contributions must not:

Contain any material which is defamatory of any person.

Contain any material which is obscene, offensive, hateful or inflammatory.

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.

Be made in breach of any legal duty owed to a third party, such as a contractual duty or, a duty of confidence.

Promote any illegal activity.

Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Give the impression that they emanate from us, if this is not the case. Suspension and termination. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the terms of website use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.

Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this acceptable use policy.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

The Fitness Business Growth Kit Refund Policy

Unlike physical products you must return, it is not possible to return a downloadable product, even if you state you have not yet downloaded it.

Refunds are not given because you changed your mind, found the program confusing, are too scared/lazy to implement, did not like the plan in general, did not have access to the required software (e.g. PDF viewer), or had a technical issue. All the information about the program including accurate social proof is clearly stated on our website. There is also the opportunity to contact us beforehand with any questions.

You will be required to spend time watching the trainings, reading the manuals and formulating your plan, it does require some personalization and time commitment.

The Fitness Business Growth Kit is for single use only and cannot be shared with multiple partners (including business parties, friends or family members) – this includes access to the Facebook group and live events.

If split payment terms aren’t met, you will lose access to the digital program due to the fact the program is regularly updated with new trainings and content. You will also be removed from the Facebook group and your live ticket will become void. There are no payment breaks or extensions available. Please make sure you can afford the program before you start it and are quick to respond and resolve any issues regarding failed payments.

These terms are without exception and a refund request outside of these requirements will not be processed.

The Fitness Business Growth Kit 90-day Money Back Guarantee – Eligibility Criteria 

The 90-day back guarantee is only applicable within the first 90-days of purchasing The Fitness Business Growth Kit. Any refund requests outside of the first 90-days of purchase completely void the 90-day refund guarantee.

The 90-day money back guarantee is only applicable to individuals who can prove they have implemented the strategies taught inside The Fitness Business Growth Kit for 90-days straight. If you have not made £997 back within 90-days you must e-mail info@phil-graham.com with ‘Refund’ in the subject line. In order to be eligible for a refund you must meet the following criteria and provide proof where necessary. If you are e-mailing please make sure you provide all the necessary proof.

1. Prove that you have engaged and asked relevant questions inside theThe Fitness Business Growth Kit Facebook group for ‘90-days’ straight. Specifically, 20 Posts in total.  This demonstrates you have asked for help throughout the course of the program.
2. 100% Full Attendance across at least 3 Live Q&A Webinars. Your attendance is tracked at each webinar (including time spent on the webinar)
3. 100% Reply Rate to all assistance e-mails associated with The Fitness Business Growth Kit over 90-days. This demonstrates you were proactive in asking for help.
4. Full Attendance at The Fitness Business Growth Kit Live event. This is further evidence that you were proactive in seeking help and implementing the program.
5. All workbook/worksheets filled in fully. Including diagrams, side notes and any other relevant notes. Photographic evidence of every worksheet must be supplied
6. Proof that you have marketed yourself for ’90-days’ using social media. As a minimum, we request proof of 25 social media posts within the 90-days of starting The Fitness Business Growth Kit , all should include high quality content, and a clear call to action. Screen shots of social media posts proving you have marketed your business and provided clear call to actions for 90-days. This demonstrates you were proactive in generating new customers and sales. If you have little to no social proof it clearly demonstrates you have not implemented the many marketing strategies taught inside The Fitness Business Growth Kit.
7. Proof that your service actually works by posting 10 high quality before and after style social proof posts (including call to actions) within the 90-days of starting The Fitness Business Growth Kit
8. All the evidence mentioned must be stored in a folder with your name, then shared via drop box link to info@phil-graham.com for review.
9. Proof that you have ran at least 2 Facebook Ads to generate leads using the strategies taught insideThe Fitness Business Growth Kit.
10. Re-fund requests will take up to 28-days to process.

Failure to provide all of the above evidence will render the 90-day refund guarantee redundant.

Please appreciate our success rate is extremely high. The refund eligibility criteria is in place to ensure you have fully implemented the program and given it a chance.

Live Workshop & Other Live Events

Live Workshops. The events kick off at 10am and last until 4pm.

Other events are advertised in advance and delivered across the world at various dates and times.

All Tickets are sold subject to availability and to these terms and conditions. These terms and conditions should be read prior to purchase as purchasing a Ticket constitutes acceptance of these terms and conditions.

1. TICKETS & ADMISSION

1.a. A valid Ticket must be produced by each Customer to gain entrance to an Event. The Ticket must be retained by the Customer whilst in the event and be made available for inspection if requested. Failure to produce a valid Ticket may result in expulsion from the event.

1.b. It is the Customer’s responsibility to contact info@phil-graham.com if Tickets are lost, stolen, damaged or destroyed. Duplicate tickets may be issued at the discretion of Phil graham.

1.c. It is the Customer’s responsibility to check their Tickets. Phil Graham will make all reasonable endeavours to correct mistakes if brought to their attention prior to the Event for which the Ticket is valid. However, it may not always be possible to rectify mistakes.

1.d. It is the Customer’s responsibility to ascertain whether an Event has been cancelled or rescheduled. In such cases Phil Graham will make all reasonable endeavours to notify Customers of the change, but cannot guarantee all will be informed before the date of the Event.

2. CONDITIONS OF ADMISSION

2.a. Phil Graham and his team reserve the right to refuse admission, or to eject anyone from the event at any point, if in Phil Graham and his teams reasonable opinion the Customer: is acting in a threatening or aggressive manner; uses threatening, abusive or insulting language; appears to be under the influence of alcohol and/ or drugs; may be a risk to the safety of staff, speakers and other audience members. No refunds will be given to Customers who are refused entry or ejected due to their behaviour as suggested in, but not limited to, the examples shown above.

2.b. Phil Graham and his team will endeavour to admit latecomers at the first suitable opportunity, which may be the interval. For some Events late admission cannot be guaranteed.

2.c. The Theatre reserves the right to refuse readmission to the event. If Customers wish to re-enter the event they must check with Phil Graham and his team before they exit.

3. TICKET CANCELLATIONS, EXCHANGES, REFUNDS & RESELLS

3.a. Tickets cannot be refunded after purchase unless the Event is cancelled, abandoned, rescheduled or where there is a material change to the Event. A material change is a change which, in Phil Grahams reasonable opinion, would make the Event materially different to the Event that the purchasers of the Ticket could reasonably expect and would include a change to the advertised headline act (in the case of a business or nutrition event). Phil Graham cannot offer refunds or exchanges if guest speakers, whether advertised or not, are unable to perform due to illness or unforeseen circumstances

3.b. In the case of a cancelled Event, Customers will be refunded the face value of the Tickets and any associated booking fees they have paid. This does not include travel, flights and accommodation.

3.d. In the case of a postponed/ rescheduled Event, Customers will be offered alternative Tickets of the same value for the new date/ time, subject to availability. Where it is not possible to offer Tickets of the same value then alternative Tickets may be offered. Should the Customer not wish to accept these Tickets then a refund can be obtained for the face value of the Tickets and any associated booking fees. To claim a refund e-mail info@phil-graham.com prior to the rescheduled date.

3.e. Phil Graham and his team have the right to cancel tickets which they reasonably suspect to have been booked fraudulently, which exceed any advertised limits on the quantity that a person/household can buy, or which they suspect to have been resold, or attempted to be resold, for financial gain. Any applicable restrictions on the quantity of Tickets that can be purchased will be made clear at the time of booking.

4. TICKET PRICE

4.a. Ticket prices are subject to change. Phil Graham reserves the right to change the prices of Tickets and/or introduce discounts/ special offers which cannot be retrospectively applied to Tickets already purchased.

4.b. All discounts/special offers are offered subject to availability and therefore Tickets may not be available at all advertised prices at all times.

4.c. Concession/discounted Ticket prices must be applied for at the time of purchase and cannot be applied to Tickets already purchased. Proof of entitlement to a concession/discount may be requested from the Customer at the time of booking and/or when they attend the Event. Failure to produce reasonable proof of entitlement to a concession/ discount may invalidate the Ticket and result in refusal of admittance or ejection from the event.

4.d. Concessions/discounts are offered individually and cannot be used in conjunction with one another. If a Customer is eligible for multiple concessionary/discounted rates then they will receive the cheapest singularly discounted price, not a cumulatively reduced price.

5. TICKET DELIVERY

5a. All tickets are delivered via e-mail. Customers are responsible for checking their e-mail inbox (including junk mail) and spelling their e-mail address properly. If you believe you have spelt your e-mail address incorrectly please notify info@phil-graham.com

6. PROHIBITIONS & AUDIENCE CONSENT

6.a. The unauthorised resale, or attempted resale, of a Ticket is prohibited. Phil Graham reserves the right to cancel Tickets which it reasonably suspects as being offered for unauthorised resale. Customers who are unsure if a seller is an authorised agent should contact the Theatre for clarification. The Theatre accepts no responsibility for the validity of Tickets purchased from unauthorised agents.

6.b. The use of equipment to record or transmit audio and/or visual material is strictly forbidden. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made in breach of these conditions shall belong to Phil Graham. Phil Graham will not be liable for the loss, theft or damage to confiscated items.

6.c. By attending the Event Customers give their consent to filming, photography and sound recording of themselves as members of the audience. Phil Graham will own the copyright of such material and may use such films/ photographs/recordings for any purpose, including commercial purposes, without payment or further notification.

6.d. Mobile telephones, messaging equipment and all similar personal electronic equipment must be switched off during the Event. Customers who do not comply and disrupt the enjoyment of the Event for other Customers may be ejected from the event without refund.

6.e. The use of electronic cigarettes is prohibited throughout the event.

6.f. All Data received by the Theatre is processed in accordance with the Data Protection Act 1998 and the General Data Protection Regulation 2016. Payment Card information is authorised by third party software and is encrypted and processed securely in compliance with the Payment Card Industry Data Security Standard.

7. LIABILITY

7.a. Phil Graham will not be responsible for any injury or loss, theft or damage of Customer’s personal belongings, other than that caused as a result of negligence or other breach of statutory duty.

7.b. Personal arrangements, including but not limited to, travel, accommodation and subsistence relating to the Event are made entirely at the Customer’s own risk and Phil Graham shall not be liable for any losses incurred from these arrangements.

7.c. Nothing in these terms and conditions seeks to exclude any liability of Phil Graham for death or personal injury caused by negligence or other type of liability which cannot by law be excluded or limited.

© 2021 Phil Graham. All rights reserved.