Terms & Conditions - Combe Grove

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Metabolic Health Residential Programmes Terms & Conditions

Metabolic Membership Terms & Conditions

These Terms and Conditions govern the provision of, and use by, Members and other users of any membership club, facilities and services provided by Combe Grove, operated by The Elmhurst Foundation, a company registered in England under number 09544512 and charity number 1163539 whose registered office is at Combe Grove, Brassknocker Hill, Monkton Combe, Bath BA2 7HS.

1. Definitions and Interpretations

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “Business” means any business, trade, craft, or profession carried on by you or any member at Combe Grove or any other person or organisation. “Consumer” means a ‘consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual member at Combe Grove or user who receives or uses any facilities or services at Combe Grove for their personal use and for purposes wholly or mainly outside the purposes of any Business; “Consumer Contracts Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. “Data Protection Legislation” all applicable data protection and privacy legislation in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation EU 2016/679; The Data Protection Act 2018, and the regulations made thereunder; and the Privacy and Electronic Communications Regulations 2003 SI 2003/2426 as
amended. “Initial Term” means the initial 12-month minimum period of your Metabolic Membership. “Extended Term” means the 12-month period following the Initial Term and each 12-month period thereafter. “Joining Fee” means the joining fee payable by you at the commencement of your Metabolic Membership, in the amount notified to you by us at that time. “Legal Requirements” means laws, regulatory requirements, government order or any actions, recommendations, guidance, announcements or restrictions whether made by a government body, authority, public health organisation or other similar official body including Public Health England.

“Member/you/your” means an individual who is a Consumer and whose application for Metabolic Membership at Combe Grove has been accepted by us and will be a Member thereafter for as long as their Metabolic Membership continues. “Membership Fees” means the fees due for Metabolic Membership at Combe Grove. “Membership Rules” means the rules of Metabolic Membership at Combe Grove as updated by us from time to time. “We/us/our” means Combe Grove, operated by The Elmhurst Foundation, whose place of business and contact address is set out above.

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 ‘these Terms and Conditions’ is a reference to these Terms and Conditions as amended or supplemented at the relevant time; and
1.2.2 ‘a clause’ is a reference to a clause of these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect on the interpretation of these Terms and Conditions.
1.4 Words signifying the singular number shall include the plural and vice versa.
1.5 References to any gender shall include all genders.

2. Metabolic Membership

Metabolic Membership is a personalised health plan which includes three metabolic health assessments during the annual membership.
Health Assessments review:
•Blood Tests
•Blood Pressure
•Waist to height ratio measurements
•Sit to Stand Test
•Body composition analysis
•Quality of life

Health Assessment results are securely stored and accessible only by those Metabolic Health Team members who support you. The Elmhurst Foundation charitable objectives are to share anonymised results to further advance the field of Metabolic Health. Refer to clause 12 for details of our Privacy Policy.

2.1 In order to use and benefit from all at Combe Grove you must either:
2.1.1 have an active Metabolic Membership; or
2.1.2 visit as a guest of a current Member, in which case that Member must have either purchased a guest pass for you, or redeemed a guest pass from that Member’s annual allocation and must accompany you throughout your visit to Combe Grove and you may only use the facilities at Combe Grove on that day. A guest pass cannot be transferred or rolled over from one Metabolic Membership year to another.
2.2 You will become a Metabolic Member at Combe Grove only if and when we accept your application and you have paid the Joining Fee. We are always delighted to welcome new members to Combe Grove, although our decision whether or not, to accept your application remains at our absolute discretion. We have a policy that former employees of Combe Grove may apply to become a Metabolic Member by invitation only.
2.3 Once we accept your application, Joining Fee and Membership Fees, there will be a contract between you and us on these Terms and Conditions.
2.4 By collecting your Metabolic Membership band from us, which allows access to Combe Grove, you are indicating that you have read, and accept, these Terms and Conditions.
2.5 Subject to the cancellation terms set out in clause 2.8 and 2.9, your Metabolic Membership will be for the Initial Term. If you pay Membership Fees on an annual basis, we will send you a renewal reminder one month before the end of the Initial Term or Extended Term and you must let us know if you want to renew your Metabolic Membership. If you pay Membership Fees on a monthly basis your Metabolic Membership will automatically renew for an Extended Term at the end of the Initial Term and at the end of each Extended Term and a renewal reminder will be issued to you one month prior to the renewal date. You must notify us before renewal if you do not want to renew your Metabolic Membership.
2.6 We reserve the right to decline any Metabolic Membership for any reason. We will provide you with a reasonable amount of notice in advance of the end of the Initial Term or Extended Term, as is relevant, if we intend not to renew your membership.
2.7 Where our contract is not made on our premises i.e. it is made remotely by telephone or via our website, the Consumer Contracts Regulations give you the rights set out in this clause 2.7, and they will be in addition to the rights given to you by clause 2.8. Provided that our contract has been made remotely, you may for any reason cancel your Metabolic Membership up until the expiry of 14 days after the date when we accept your application for Metabolic Membership, which is known as the “Cooling off Period”. However, if we begin to provide you with any facilities or services before the end of the Cooling off Period at your request, you must pay a pro rata Membership Fee for any such facilities or services provided. If you cancel, as allowed by this clause 2.7, and you have already made payments to us under clause 3, we will refund the payments to you within 14 days of receiving notice of cancellation from you, less any amount due for the particular facilities or services requested and provided to you during that period. If you request that your Metabolic Membership be cancelled under this clause 2.7, you must confirm this in writing either by email to memberships@combegrove.com or by recorded delivery post to the Brassknocker Hill address. If you wish to cancel your Metabolic Membership in other circumstances, please refer to the following clauses for those other circumstances in which you may do so.
2.8 You may provide us with notice to cancel your Metabolic Membership at any time during the Initial Term or any Extended Term. Unless you are in the Cooling off Period described in clause 2.7, above, then:
2.8.1 your notice to cancel shall take effect at the end of the Initial Term or Extended Term as is relevant; and
2.8.1 where you have paid Membership Fees annually, no refund of Membership Fees shall be made to you; or
2.8.2 where you have paid Membership Fees on a monthly basis, Membership Fees will continue to be due and payable each month during the remainder of the Initial Term or Extended Term, as is relevant.
2.9 You may suspend your Metabolic Membership if you suffer a long-term illness or injury. If you wish to suspend your Metabolic Membership on this basis, you should inform us of the suspension no later than 14 days prior to your next Membership Fee billing date. In order to agree to this suspension, we will require you to provide a medical certificate, doctor’s note or similar proof of illness or other incapacity, in order to suspend your Metabolic Membership under this clause.
2.10 Periods of suspension under clause 2.9 shall not form part of the Initial Term of your Metabolic Membership. For example, if you have eight months left of your Initial Term and take a two -month suspension, you will still have eight months remaining of the Initial Term following the end of the suspension.
2.11 You may suspend your Metabolic Membership for reasons not covered by clause 2.9. Non- medical suspension may only take place after the Initial Term has been completed and may be taken not more than once in any three -year period, up to a maximum length of six months. During such suspension, normal Membership Fees shall be replaced with a holding charge of 30% of your usual monthly payment. For annual Metabolic Memberships, any suspension reimbursement is deducted from the next Extended Term fee.
2.12 Your Metabolic Membership cannot be transferred or loaned to another person.
2.13 If you receive a reduction of Membership Fees for being an NHS employee, you must inform us should you leave the NHS. We will then charge you the full annual Membership Fee following your notification. You must be able to prove your NHS employment status at any time, using your NHS ID card.
2.14 We will provide you with a Metabolic Membership access wristband at the start of your Metabolic Membership and it will be necessary to take a photograph of you for your profile. You may not enter, or use, any of the facilities at Combe Grove without a valid wristband. If you lose your wristband, a replacement fee of £10 is payable by you.
2.15 The normal opening hours at Combe Grove are published on our website. We reserve the right to amend the opening hours at Combe Grove from time to time for business reasons and to temporarily close, at our absolute discretion, any or all areas or facilities at Combe Grove for cleaning, decorating, repairs, events and holidays, to comply with legal requirements, safety reasons, or otherwise. You may only use the facilities during published opening hours.
2.16 We shall not be obliged to provide reasons for any temporary closure in accordance with clause 2.15 and, save for providing a refund as set out in clause 2.17, below, shall have no other liability or obligation whatsoever to you arising from any such closures.
2.17 Where any temporary closure affects a significant proportion of the facilities then you may be entitled to a pro rata refund in respect of the period of closure. We shall, in our absolute discretion, determine any refund due under this clause 2.17 taking into account the nature, timing and length of the closure and any services that we can continue to provide to you. We may also deduct from any such refund your reasonable share of any unavoidable costs that we have had to pay in connection with your Metabolic Membership during the relevant closure period.
2.18 We reserve the right to impose any new conditions of entry to our premises as we, in our absolute discretion, consider necessary to comply with Legal Requirements. We shall use all reasonable endeavours to inform you of these conditions in advance and reserve the right, without penalty of liability, to refuse entry or to remove you from our premises if these conditions are not complied with.
2.19 We have the right to refuse entry to our premises, designated areas or specific facilities where a capacity limit set by Legal Requirements has been reached.
2.20 As we need to contact you from time to time in relation to your Metabolic Membership at Combe Grove, please update us if any of your contact information changes, including your name, address, telephone number, email address and next of kin details.
2.21 All members and their guests must be aged 18 or above to use the facilities at Combe Grove.

3. Metabolic Membership Fees and Payment

3.1 Metabolic Membership Fees are payable as follows:
3.1.1 at the time of joining by debit or credit card for the Initial Term from the date of joining and for each Extended Term thereafter.
3.1.2 in advance on a monthly basis by Direct Debit on the first of each calendar month of the Initial Term and for each Extended Term thereafter.
3.2 If you pay Metabolic Membership Fees on a monthly basis and your Membership commences part way through a month, you will need to pay an initial pro rata amount covering the first day of your Metabolic Membership to the date of your first Direct Debit monthly Metabolic Membership Fee payment, i.e. the first day of the following month. If the start of your Metabolic Membership is after the 15th day of the relevant month, you will need to pay an initial pro rata amount covering the first day of your Metabolic Membership to the end of the relevant month plus the monthly Membership Fee for the following month. Your first Direct Debit Metabolic Membership Fee payment will start on the first of the month after that, e.g. if you join on the 28th September you will pay a pro rata amount of three days for September together with the fee for the whole of October and your Direct Debit will commence on 1st November.
3.3 If you wish to change the bank account used to pay your Membership fees, you must inform us of the new bank details in person and the date on which you wish the change to take effect by completing and signing a new direct debit form which can be obtained by emailing memberships@combegrove.com
3.4 Subject to suspension of your Metabolic Membership under clauses 2.9 or 2.11, Membership Fees are payable by you throughout your Metabolic Membership irrespective of whether you use the facilities at Combe Grove or not.
3.5 If we intend to change the Metabolic Membership Fees, at any time, we will provide you with not less than one month’s notice of the change.
3.6 If you fail to pay any Membership Fee on time, we will levy on you a late payment charge of £10 for each occasion of late payment.
3.7 We will suspend your access to Combe Grove whilst any Membership Fees payable by you, or other sums, are due and remain outstanding. Any such suspension will be lifted once the outstanding sums have been paid in full.
3.8 If your Membership Fees are not paid for a period of 4 weeks or more, we will refer the matter to a third-party debt collection company and your Metabolic Membership will be ended without further notice.

4. Metabolic Membership at Combe Grove Rules

4.1 We will provide you with a copy of the current Membership Rules on request. The current Membership Rules will be available to read on notice boards and on our website combegrove.com
4.2 We only make Metabolic Membership available to Consumers and your application to become a Member will be deemed to be your confirmation that you are a Consumer. If at any time we find that you are not a Consumer, we may without liability to you cancel your Metabolic Membership by giving you a cancellation notice provided that we refund any Membership Fees.
4.3 You must abide by the Membership Rules at all times when you visit Combe Grove. If you do not do so, we may suspend or terminate your Metabolic Membership.
4.4 You are responsible for your own state of health, physical condition and wellbeing at all times. We will ask you to complete a Health and Commitment statement at the start of your Metabolic Membership and we may ask you to update this periodically.
4.5 You may only use the equipment and facilities provided by us at Combe Grove in the correct manner and you must not use them in any manner which constitutes a health and safety risk either to yourself or to others.
4.6 You should not attempt to use any equipment or facilities until a suitably qualified instructor has instructed you how to use it correctly.
4.7 You accept that using our equipment and facilities may be physically challenging and carries with it risk that we cannot entirely eliminate, including risk of personal injury. You accept that we, and our team, are not medically trained and are not qualified to provide any assessment or advice on whether you are
medically fit to participate in any activity or use any equipment. You must seek your own professional medical advice prior to visiting Combe Grove or using our facilities and equipment, including but not limited to where you have a medical condition or are taking medication which may affect your ability to exercise or use any equipment or facilities provided by us. In the absence of any negligence or other breach of duty by us, your use of our equipment and facilities is entirely at your risk.
4.8 You should not visit Combe Grove or use any of our facilities or equipment when under the influence of alcohol or illegal drugs or when you are suffering from any infectious or contagious illnesses, cold or similar virus including COVID 19 or infections, cuts, abrasions and open sores.
4.9 You should not use any of the facilities or equipment at Combe Grove immediately after eating.
4.10 You should dress appropriately, including wearing appropriate footwear, when visiting Combe Grove and when using any of our facilities or equipment. Outdoor clothing and/or dirty clothing should not be worn and should be stored in the lockers provided in the changing areas.
4.11 Lockers are available for your use during your visit to Combe Grove only. We do not recommend
that you store valuable items in your locker and we are not responsible or liable for any loss of such
items unless we have been negligent or breached our legal duties to you.
4.12 You are not entitled to leave items in lockers at Combe Grove when you are not on the premises. Items left in lockers after the closing time will be removed and may be held for a period of up to seven days after which they will be donated to charity or otherwise disposed of if you have failed to
collect them.
4.13 We do not allow any animals into the facilities at Combe Grove with the exception of assistance or guide dogs. If you require the use of an assistance or guide dog, you should inform us of that when you apply for Metabolic Membership, or when such a requirement becomes necessary for you. Any dogs which are brought on to the Combe Grove Estate, by either a Member or by a guest of a Member, must be on a lead at all times. Failure to abide by this clause will be regarded as a serious breach of these Terms and Conditions and we will be entitled to terminate your Membership as a result. You should refer to
Clause 10 for further guidance on this.
4.14 The facilities at Combe Grove and all surrounding outside areas are strictly non-alcohol and nonsmoking, including the use of vaping devices. A breach of this clause 4.14 shall be considered a serious breach for the purposes of clause 10.1.1 and we reserve the right to immediately terminate your Metabolic Membership if you are found to be in breach of this clause 4.14.
4.15 You may not use any electronic equipment including, but not limited to, cameras and mobile telephones or other personal electrical devices for filming and photographs within any of the facilities at Combe Grove.

5. Equipment and Facilities at Combe Grove

5.1 If you become aware of any damaged or defective equipment you should immediately cease using such equipment and inform a member of our team.
5.2 We may withdraw equipment and facilities at any time and for any reason including, but not limited to, maintenance, repair and alteration.
5.3 We make equipment and facilities available on a first come first served basis, subject to any agreement to the contrary with us.

6. Car Parking at Combe Grove

6.1 We provide car parking for Members and their guests. These may only be used when you and your guests are visiting Combe Grove during published opening times.
6.2 We accept no liability for any loss or damage which may result from you or your guest’s use of the car parking except if it is due to our negligence.
6.3 Metabolic Membership does not guarantee that a parking space will be available for you to use. Parking spaces are available on a first come, first served basis on the top level and the middle level and on some days a minibus is available to transport between these car parks and the main buildings.
6.4 Combe Grove Green Badge parking spaces are provided during specific times and may only be used with a valid Green Badge. If you park a car in a Green Badge parking space without a valid Green Badge parking badge on display, your Metabolic Membership will be suspended for an immediate period of 4 weeks. To obtain a green badge, contact memberships@combegrove.com.

7. Classes

7.1 You must book in advance to attend any class, workshop or similar event provided by us. No priority is given and places are allocated on a first come first served basis.
7.2 If you realise that you will be unable to attend a booked class, then please cancel the class through the booking system up to two hours before the scheduled start time of the class.
7.3 If you book a class in advance and do not attend the class, then we reserve the right to:

7.3.1 charge you for the missed class at a cost of £10; and
7.3.2 suspend the ability to book future classes until the missed class charge of £10 is paid. Payment can be made in person, by direct debit or by telephone. Charges do not apply to online classes.
7.4 The class booking system operates an automatic transfer from the waiting list to the class list, therefore if you cannot attend and your name is on the waiting list, you need to ensure that you cancel your place on the waiting list up to a minimum of two hours prior to commencement of the class. If you cancel less than two hours before the class you will be charged a £10 late cancellation fee, until this is paid, you will not be able to book further classes, as per 7.3.2.
7.5 If a class requires the payment of an additional fee over and above the Membership Fee, you must pay it at the time of booking. If any such required payment is not received, you will not be entitled to participate in the class.
7.6 If a class requires specific clothing, footwear, or other items which you must provide, details of the class will specify these requirements. If you do not comply with these requirements, we may not allow you to participate in the class.
7.7 When you attend a class, you must arrive at least 10 minutes before the scheduled time of the class. If you arrive later than this time, you risk losing your place in the class even if you have booked it.
7.8 If a class involves a warm-up session, and you arrive after the warmup session has begun, we will not permit you to participate in the class for health and safety reasons.

8. Swimming Pools, Hydro Pools, Saunas and Steam Rooms

8.1 If you use any of our Swimming Pools, Hydro Pools, Saunas or Steam Room facilities, you must observe any and all safety notices.
8.2 You must store all outdoor clothing and personal items in the lockers provided in the changing areas.
8.3 You must shower before entering the Swimming Pools, Hydro Pools, Saunas or Steam Rooms.
8.4 You may not use any electronic equipment including, but not limited to, cameras and mobile telephones, in the Swimming Pools, Hydro Pools, Saunas or Steam Room areas, without our prior authorisation.
8.5 If you use the Swimming Pools, Hydro Pools, Saunas or Steam Rooms, you must obey all instructions given by us.

9. Limitation of Liability

9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when our contract was created. We will not be responsible for any loss or damage that is not foreseeable.
9.2 We only provide or sell all facilities and or services to you as a Consumer for your personal and private use or purposes. We make no warranty or representation that products, or other goods or materials that we provide or sell are fit for commercial, business, industrial, trade, craft or professional purposes of any kind including resale. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
9.3 Nothing in these Terms and Conditions is intended to or will exclude or limit our liability for death or personal injury caused by our negligence including that of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
9.4 Furthermore, if you are a Consumer either for the purposes of the Consumer Rights Act 2015, or any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under:
9.4.1 the Consumer Rights Act 2015;
9.4.2 the Consumer Contracts Regulations;
9.4.3 the Consumer Protection Act 1987; or
9.4.4 any other relevant consumer protection legislation, in each case as that legislation is amended from time to time.
9.5 For more details of your legal rights, we encourage you to refer to your local Citizens’ Advice Bureau or Trading Standards Office who will be able to provide you with more detailed information.

10. Circumstances where we may Terminate your Metabolic Membership

10.1 We reserve the right to immediately terminate your Metabolic Membership in any of the following circumstances:
10.1.1 If you breach these Terms and Conditions in a serious way, or you repeatedly breach these Terms and Conditions and fail to correct the breach within a period of seven days following our request to do so.
10.1.2 If you allow another person to use your Metabolic Membership access wristband to access any of the facilities.
10.1.3 If you, or any guest of yours, uses rude or abusive language, or is threatening or violent towards any other Member or guest or our team.
10.1.4 If you, or any guest of yours, behaves in an unacceptable or obnoxious manner which prevents other Members or guests or our team from enjoying Combe Grove.
10.1.5 In circumstances where you have not used the facilities at Combe Grove for a continuous period of 4 months or more, and you have not arranged for your Metabolic Membership to be suspended due to ill health, as described in Clause 2.9, above, we reserve the right to cancel your Metabolic Membership by providing you with one month’s prior written notice. We may, at our discretion, revoke such cancellation if there are extenuating circumstances.

11. Changes to these Terms and Conditions

We may, from time to time, change these Terms and Conditions without giving you notice, but we will use our reasonable endeavours to inform you as soon as is reasonably possible of any such changes.

12. How we use your Personal Information

All personal information that we may use will be collected, processed, and held in accordance with the provisions of, and your rights under, Data Protection Legislation. For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose/s for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing where applicable, please refer to our Privacy Policy at combegrove.com/privacypolicy/.

13. Complaints

We always welcome feedback from our Members and we always use all reasonable endeavours to ensure that your experience as a Member is a positive one. We would like to hear from you if you have any cause for complaint about our facilities, services or any other complaint about your Metabolic Membership at Combe Grove, please raise the matter with us by writing or emailing memberships@combegrove.com.

14. No Waiver

No failure or delay by Combe Grove or you in exercising any rights under these Terms and Conditions means that we or you have waived that right, and no waiver by us or you of a breach of any provision of these Terms and Conditions means that we or you will waive any subsequent breach of the same or any other provision.

15. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or
unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the
remainder of the provision in question shall not be affected.

16. Law and Jurisdiction

These Terms and Conditions are governed by English law, and you can bring legal proceedings in respect of our contract in the English courts. If you live in Scotland, you can bring legal proceedings in respect of our contract in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of our contract in either the Northern Irish or the English court

Health Reset Day Terms & Conditions

Participants to the above event receive a promotional gift of £225 to book a programme with Combe Grove.

This gift is solely available to participants who have attended the Health Reset Day and received this promotion directly from the Team.
The promotional gift will be represented by a code.
The code must be entered during the booking process, specifically at checkout to redeem the £225 discount.
The code is valid for 6 months and to benefit from the promotion, bookings must be made within this time frame. Extensions or adjustments beyond the expiry date will not be considered.
This gift is non transferable and cannot be shared or combined with other promotional discounts.
Each participant is eligible to use the promotional code only once for a single booking.
The promotional gift has no cash value and cannot be exchanged or redeemed for cash or other forms of credit.
If the programme 6 night retreat booking is cancelled, standard cancellation policies will apply, and the discount will be voided. In cases of rebooking, a new promotional code will be issued by our team.

Metabolic Health Programmes Terms & Conditions

Introduction

The Combe Grove Metabolic Health Programmes are one year programmes designed to provide the knowledge, skills, and support to empower
• clients with prediabetes to make sustainable lifestyle choices consistent with an aim to
delay or prevent the onset of Type 2 diabetes and reverse prediabetes and
• clients with an interest in improving their own metabolic health to learn and develop their understanding of the key drivers to metabolic health in order to make sustainable lifestyle choices.

The Metabolic Health Programmes are centred around a 6-night residential stay which allows clients to retreat from everyday life and to focus on developing an understanding of the Five Roots of Metabolic Health™ whilst enjoying activities that promote health and wellbeing. The Metabolic Health Programmes include a 12-month membership of The Combe Grove Metabolic Health Community which provides clients with
● three weeks of preparation before arrival at Combe Grove
● a 6 night residential stay at Combe Grove
● 48 weeks of post stay follow-up to support sustained change
● one year’s membership of the Club at Combe Grove

These are the Terms and Conditions that apply when you book a Metabolic Health Programme at Combe Grove.

Where we refer to “Combe Grove”, “we” or “us” in these Terms and Conditions we mean
The Elmhurst Foundation, trading as Combe Grove,a charity registered under number 1163539 and a company registered under number 09544512, whose registered office is at
37 St George’s Road, Cheltenham, Gloucestershire, GL50 3DU.

Please read these terms carefully before you make a booking with us. You will be asked to confirm your acceptance of these Terms and Conditions when you make a booking.

We reserve the right to amend these terms and conditions at any time and you must therefore check them each time that you make a booking. The Terms and Conditions applying to your booking will be those in place on the date that you make your booking.

These Terms and Conditions apply to all other services supplied to you during a Metabolic Health Programme, including all therapies and treatments, and no other Terms and Conditions shall apply.

Booking process

You must be at least 18 years old to both make a booking and to attend a Metabolic Health Programme.After your initial enquiry, a Health Declaration will be sent to you for completion by you, to return to us, to determine your suitability for attendance on a Metabolic Health Programme. A copy of these Terms and Conditions will be sent at the same time.

Once your suitability is confirmed to you, you will be asked for payment see below under Pricing and Payment.

We will confirm our acceptance of your booking by sending you an email to the email address that you provide during the booking process. The contract between us for the provision of your Metabolic Health Programme and any additional services added to your booking will be formed when you receive this email confirmation from us after payment has been made see below under Pricing and Payment.

Please check that the details of your booking are complete and accurate before you confirm your booking back to us. We will not be liable for any delay or non-performance if you provide us with incorrect information.

If you think that there is a mistake in your booking or if you wish to make any changes to a confirmed booking, please contact us at
• welcome@combegrove.com or on 01225 834644

For more information on cancellation, please see Cancellation below.

Bookings for Metabolic Health Programmes are personal to you and are not transferable.
Please notify us at the time of booking if you will need to bring an assistance dog with you for the duration of the residential stay part of the Metabolic Health Programme. No other animals are permitted on residential stays at Combe Grove.

The Metabolic Health Programmes are a carefully considered package of services and the content cannot be varied at your request. We reserve the right to make changes to our services to reflect changes in relevant laws and regulatory requirements and/or to implement improvements and minor adjustments.
No reimbursement can be made for any unused part of the package.

Health status and Health Declaration

You accept that we, and our team, are not medically trained and are not qualified to provide any assessment or advice on whether you are medically fit to participate on a Metabolic Health Programme, participate in any activity or use any equipment.
We suggest that you seek your own professional medical advice prior to joining a Metabolic Health Programme and/or prior to using our facilities and equipment, including but not limited to where you have a medical condition or are taking medication which may affect your ability to exercise or use any equipment or facilities provided by us. In the absence of any negligence or other breach of duty by us, your use of our equipment and facilities is entirely at your risk.

The Metabolic Health Programmes are not intended to replace or substitute professional medical advice and you should not ignore professional medical advice or opt not to obtain professional medical advice as a result of the Metabolic Health Programmes. You should not make changes to any existing medication or treatment regime that has been prescribed by a medical professional, nor commence any new medication or treatment regime, without
obtaining professional medical advice first.

At the time of booking a Metabolic Health Programme for prediabetes you will be asked to confirm that your GP has diagnosed that you are prediabetic.

Prior to us finalising your booking, you will be asked to complete a Health Declaration to assess your suitability for a Metabolic Health Programme and Retreat. Should, based on the information given on your Health Declaration, you then be considered not suitable, you will be advised of this.

Please note that Combe Grove can accept no responsibility of any kind whatsoever for any inaccurate information included on the Health Declaration.

You are responsible for your own state of health, physical condition and wellbeing at all times and you must let us and your GP know as soon as possible if you feel unwell whilst participating on a Metabolic Health Programme.

You may only use the equipment and facilities provided by us in the correct manner and you must not use them in any manner which constitutes a health and safety risk either to yourself or to others.

You should not attempt to use any equipment or facilities until a suitably qualified instructor has instructed you how to use it correctly and/or you have completed your induction session.

You accept that using our equipment and facilities may be physically challenging and carries with it risk that we cannot entirely eliminate, including risk of personal injury.

You should not visit the Combe Grove Estate or use any of our facilities or equipment when under the influence of alcohol or illegal drugs or when you are suffering from any infectious or contagious illnesses, diseases or other ailments such as cuts, abrasions, open sores or infections. If you are suffering from any form of contagious illness, such as a cold or similar virus, please contact us as soon as possible in advance of the scheduled arrival date for your
Metabolic Health Programme. In these circumstances we will work with you to reschedule your
Metabolic Health Programme to begin at a later date within 6 months of the original scheduled arrival date, subject always to availability. If we are unable to make the change, or the consequences of making the change are unacceptable to you, you may want to cancel the contract in accordance with the cancellation provisions set out under Cancellation, below.

Should any of the details included on your Health Declaration change between the date of booking and the commencement of your Metabolic Health Programme, you are required to contact Combe Grove to advise of such changes and any failure to do so will be regarded as a breach of contract. Combe Grove will then consider whether there is any reason whether you are now unable to undertake a Metabolic Health Programme. Should this be the case, you will be offered a full refund. A full refund will be offered up until 28 days before the arrival date; after this date only a credit for the full amount, against a future Metabolic Health Programme, will be offered.You should not attend Combe Grove when suffering any contagious illness or disease including the common cold. Please see details on rescheduling should you become ill before your residential stay.

Pricing and payment

On initial contact with the Booking Team at Combe Grove you may wish to pay a deposit of 10% of the full amount in order to reserve your place on the chosen Programme.

Once you have completed and returned a Health Declaration, and provided that you have been confirmed as suitable for a Metabolic Health Programme, then you will be asked for payment. Payment must be made in full at the time of completing your booking and will be the price quoted to you at the initial stage of booking, subject to the remainder of this section.

Prices are per person for the Metabolic Health Programme and are inclusive of VAT at the applicable rate at the time of booking. If the rate of VAT changes between the date of your booking and the commencement of the Metabolic Health Retreat, we may adjust the rate of VAT and the price you pay may change. We will let you know if this happens. In this circumstance our normal cancellation and amendment policies, as set out below, shall apply.

We reserve the right to increase our prices after the date of your booking. If we do so we will notify you in writing of the price increase and the date on which it will take effect. If you are not happy with the price increase you may contact us before the price increase takes effect to cancel your Metabolic Health Programme and receive a refund of any sums paid by you prior to the date of cancellation.

The price paid includes an allowance which can be used during your residential stay towards treatments, therapies and individual exercise and nutrition consultations. The choice of services offered will be subject to availability. These credits may only be used by you, the client, and are not transferable to any other party. The allowance, if not used in full or in part, is not refundable under any circumstances. Subject to availability, you may book and pay for additional therapies and treatments.

During the residential stay, you may choose to share your room with a companion who is known to you and who is also a client of the Metabolic Health Programme. In this case, each client pays for a Metabolic Health Programme at a price which is based on shared occupancy and which will be confirmed to you at the time of booking.

You may also choose to share your room with a life partner who is not a prediabetic and is not joining the Metabolic Health Programme nor benefiting from membership of the Combe Grove Metabolic Reset Community. Specific charges apply and will be confirmed to you at the time of booking.

Any other extras that you choose during your residential stay can either be paid for at the point of purchase or booking or can be added to your bill and be paid for at the time of departure. Clients wishing to make charges to their bill will be required to agree to a preauthorisation of their credit card on arrival. If you fail to pay any such sum at departure, we reserve the right to make a charge to the credit card details that you provided when making your booking.

Payment may be made by debit or credit card. We accept Visa, MasterCard and American Express. We do not accept corporate or personal cheques.

Please also refer to the section Cancellation, Amend
ent and Early Departure below, which details our cancellation and amendment policies.

Occupancy

The maximum room occupancy is two adults. You must not exceed the maximum occupancy for the room allocated to you. We reserve the right to conduct checks on occupancy and compliance with these terms.

Occupancy is not transferable.

Those under 18 years old are not permitted to attend a Metabolic Health Programme.

Accessibility

The Combe Grove Access Statement is available at www.combegrove.com/access-statement/. For more information and to discuss your individual needs, please contact us at welcome@combegrove.com or 01225 834644 to discuss.

When making a booking you are confirming that you have read the Access Statement and agree that any restrictions and adaptations set out in the statement, or confirmed in writing following individual discussion, will meet your needs.

Availability

Spaces on Metabolic Health Retreats, and all rooms, are subject to availability.

Cancellation, amendment and early departure

Cancellation

You may cancel your booking any time up until your arrival date, subject to the conditions stated below. You may call and arrange this with the bookings team and then confirm this within 24 hours in writing by email to welcome@combegrove.com.

A cancellation reference will be given and should be retained as proof of cancellation.

Cancellations made up to 42 days prior to the arrival date will receive a refund of all monies paid to a credit or debit card within 14 days of the written confirmation having been received.

Cancellations made between 42 days and 28 days of the arrival date will receive a 50% refund of the monies paid and will be refunded to a credit or debit card within 14 days of the written confirmation having been received.

Cancellations made less than 28 days before arrival date will receive no refund.
The Cancelation Form is to be requested from the Bookings Team on welcome@combegrove.com.

Amendment

We will allow you to make amendments, subject to availability, to bookings for a Metabolic Health Programme up until 42 days before the arrival date.

We will let you know if the amendment is possible. If so, we will let you know about any changes to the price or anything else which would be necessary as a result of your requested change and we will ask you to confirm whether you wish to proceed with the change. Please note that any amendment shall only be deemed confirmed once any additional monies required to be paid by you as a result of the amendment have been received by us in full.

In the event that you are unable to attend your scheduled Metabolic Health Programme due to unforeseen circumstances which arise less than 42 days before the arrival date, such as a bereavement, accident or infectious illness, we will work with you to reschedule your Metabolic Health Programme to begin at a later date, subject always to availability.

An amended date of arrival for any amendment, including due to unforeseen circumstances, must be no more than 6 months later than the original date of arrival. A booking can only be amended once.
If we are unable to make the change, or the consequences of making the change are unacceptable to you, you may want to cancel the contract in accordance with the cancellation provisions set out under the Cancellation, Amendment and Early Departure above.

If the booking is for a higher-priced package or retreat then any additional monies due must be paid at the time of change. All changes should first be discussed in person with a member of our bookings team and then confirmed in writing, by email.

Early departure

Should you decide to leave before the end of your Metabolic Health Retreat, you will receive no refund for any part of the unused residential stay.

Our right to cancel

We may cancel your booking at any time with immediate effect by giving you written notice, which includes email, if
● you do not pay us when you are required to do so, or
● you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our services to you, or
● you breach the contract between us in any way

If we cancel your booking where you are at fault, we reserve our legal rights in respect of your breach of contract including our right to require you to leave the Combe Grove Estate.

Where the Metabolic Health Programme had/has not yet commenced, we will refund any money that you have paid in advance for services we have not provided subject always to our cancellation policy as set out above.

Events outside of our control

We may also cancel your booking if an event outside of our control, including but not limited to industrial action, explosion, outbreak of disease, health and safety issues, fire, flooding, and failure of power and/or water supplies or emergency evacuation, means that we are unable to make your Metabolic Health Programme available to you.In this case we will contact you to let you know as soon as possible and if you have already paid for your Metabolic Health programme, we will refund your payment to you in full.

Save as set out above, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an event outside of our control. This does not affect your statutory rights.

Coronavirus, Covid-19, pandemic

If you are unable to attend your Metabolic Health Retreat because you are complying with mandatory self isolation rules introduced by the Government, or because the Government or other relevant body, authority, or public health organisation has imposed orders or restrictions, such as lockdowns, which preclude travel or attendance, you may either
● reschedule the Metabolic Health Programme to an alternative future start date, subject always to availability, or
● request a full refund of any sums paid in advance for the Metabolic Health Programme

We will require written proof of your COVID or illness status in order to process either a re-scheduling of your stay or a refund.

In any event, Combe Grove reserves the right to cancel any bookings, before or during the stay, to the extent required to comply with Government self-isolation rules or to comply with other orders or restrictions, such as lockdowns, made by the Government or other relevant body, authority, or public health organisation. If we need to cancel for this reason, you may either
● reschedule the Metabolic Health Programme to an alternative future date, subject always to availability, or
● request a full refund of any sums paid in advance for the Metabolic Health Programme

Arrival and departure

Please arrive at the time advised in your welcome letter and follow the parking directions.

Clients, and any accompanying life partner, will be asked to complete a registration form on arrival. Overseas clients, excluding Republic of Ireland and Commonwealth citizens, will also be asked to provide their identity card or passport details. Acceptable forms of identification are a passport, driving licence, or national ID card.

Rooms must be vacated by 11am on the day of departure. Failure to leave your room by this time may result in a late departure charge of £300.

Your responsibilities to Combe Grove

You must not
● be threatening or abusive to any of our team before, during or after the
Metabolic Health Programme
● smoke, chew tobacco or vape anywhere on the Combe Grove Estate. This includes the smoking of e-cigarettes
● bring alcohol of any kind on to the Combe Grove Estate or consume any alcohol on the
Combe Grove Estate at any time
● engage in any unlawful activity during their stay at Combe Grove, e.g. taking an illegal substance
● cause any health and safety hazard to any of our team members or to any of our clients
● bring any pets onto the Combe Grove estate, with the exception of assistance dogs previously notified to us
● bring any potentially dangerous or hazardous materials or equipment on to the Combe Grove Estate
● tamper with any fire alarms or emergency equipment
● prevent Combe Grove management, housekeeping and maintenance teams from accessing any room, as and when required
● remove, damage or destroy any Combe Grove property
● use any of the technology provided by Combe Grove to download or access any unlawful or obscene material
● cause unreasonable disturbance to our other clients or to the Combe Grove Team
● use, disclose or otherwise reproduce any materials relating to the Metabolic Health Programmes other than in accordance with your personal use and enjoyment of the Metabolic Health Programme

If you cause damage or loss of any kind to the Combe Grove Estate, team or to their property, to other clients or to their property, you will be responsible for that damage or loss and you shall be liable to pay to Combe Grove, on demand, the reasonable amount required to make good or remedy such damage or loss.

If you cause damage to the Combe Grove Estate, team or to their property, to other clients or to their property, or otherwise breach any of these Terms and Conditions, Combe Grove reserves the right to
● cancel your booking with immediate effect and, if required, ask you to leave the Combe Grove Estate
● require you to immediately cease using and, if applicable, return any material provided to you by Combe Grove related to the Metabolic Health Programme
● if necessary, remove your items from your room, disposing of such items, at no cost and no liability, to a local charity to the extent such items are not collected from us within 7 days of removal
● retain all sums paid by you and/or charge you the full amount of your booking, and/or
refuse future bookings from you

Combe Grove will not be liable for any refund or compensation in such circumstances.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.

We do not accept liability for a failure to meet any of our obligations where such failure is due to events beyond our reasonable control.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and
you knew that it might happen, for example, if you discussed it with us during the booking process.

We are not liable for business losses. We supply the Metabolic Health Programme for private use only. If you use our services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

General

We reserve the right to
● change your room allocation at any point during your residential stay for any reason, although you will be compensated for the price difference for the period of the move, should you be moved to a lower category of room than the one you booked and paid for, or
● cancel any booking due to health and safety concerns or full or partial closure of Combe Grove. In the event we have to cancel your booking we will attempt to notify you and a refund of any sums paid will be processed to the same debit/credit card, though it may take up to 14 days for the funds to reach your account

Your information

We keep your personal data safe and secure.

Full details about how we use your data are set out in our Privacy Notice, which is available at
www.combegrove.com/privacy-policy/. By providing information about you when making a booking or partaking of treatments, therapies and individual exercise and nutrition consultations, you consent to such processing and you warrant that all information provided by you is accurate.

Third party rights

This contract is between you and us. No other person shall have any rights to enforce any of the terms of our contract, whether under the Contracts, Rights of Third Parties Act 1999, or otherwise.

Your rights

As a consumer customer you have certain rights under consumer protection legislation. Nothing in these Terms and Conditions is intended to affect those rights.

Applicable law and where you may bring legal proceedings

These Terms and Conditions, their subject matter and formation, and any non-contractual disputes or claims, are governed by and construed in accordance with English law.

If you are a consumer, you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any claim arising from, or related to, the Metabolic Health Programme. We retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.

If you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Severability

If any part of these Terms and Conditions is deemed invalid, illegal or for any reason unenforceable then that part will be deemed deleted and will not affect the validity and enforceability of the remaining parts.

Waiver

Any failure by us to enforce our rights or remedies under these terms and conditions or otherwise shall not be construed as a waiver by us of those or any other rights or remedies.
All rights not expressly granted in these Terms and Conditions are reserved.

Contact us

If you require further information or have any questions regarding our website or these Terms and Conditions, then please email us at welcome@combegrove.com

Combe Grove At Home Terms & Conditions

These Terms and Conditions govern the provision of, and use by, Participants and other users of any facilities and services relating to Combe Grove at Home Programmes provided by Combe Grove, operated by The Elmhurst Foundation, a company registered in England under number 09544512 and charity number 1163539 whose registered office is at Combe Grove, Brassknocker Hill, Monkton Combe, Bath BA2 7HS.

Definitions and Interpretations

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meaning:

“Business” means any business, trade, craft, or profession carried on by you or any member at Combe Grove or any other person or organisation.

“Consumer” means a ‘consumer’ as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual member at Combe Grove or user who receives or uses any facilities or services at Combe Grove, or participates in Programmes, for their personal use and for purposes wholly or mainly outside the purposes of any Business.

“Consumer Contracts Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

“Data Protection Legislation” all applicable data protection and privacy legislation in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation EU 2016/679; The Data Protection Act 2018, and the regulations made thereunder; and the Privacy and Electronic Communications Regulations 2003 SI 2003/2426 as amended.

“Legal Requirements” means laws, regulatory requirements, government order or any actions, recommendations, guidance, announcements or restrictions whether made by a government body, authority, public health organisation or other similar official body including Public Health England.

“Participant/you/your” means an individual who is a Consumer and whose application to participate on a Combe Grove at Home Programme has been accepted by Combe Grove and who will be a Participant thereafter for the duration of the Programme as long as their Programme participation continues.

“Programme” means the Combe Grove at Home programmes which are available for Participants to book.

“Programme Content” the contents of the available Programmes which are set out in more detail on Combe Grove’s website.

“Programme Fees” means the fees due for your participation on a Combe Grove at Home Programme.

“Term” means the 12-week period for the Copper Beech Programme or the 12-month period for the Silver Birch Programme.

“Practice Better” means the dedicated online Client Portal that contains the Programme materials.

“Welcome Box” includes the tools and resources to support your programme.

“We/us/our” means Combe Grove, operated by The Elmhurst Foundation, whose place of business and contact address is set out above.

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 ‘these Terms and Conditions’ is a reference to these Terms and Conditions as amended or supplemented at the relevant time; and

1.2.2 ‘a clause’ is a reference to a clause of these Terms and Conditions.

1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect on the interpretation of these Terms and Conditions.

1.4 Words signifying the singular number shall include the plural and vice versa.

1.5 References to any gender shall include all genders.

Combe Grove at Home Programmes

2.1 The Combe Grove at Home Programmes are Metabolic Health programmes curated by Combe Grove which are offered remotely.

2.2 The Programmes cover Combe Grove’s 5 Roots of Metabolic Health™:

Nutrition
Movement
Sleep
Mindset
Environment

2.3 The Programmes entitle the Participant to receive and enjoy the benefit of the Programme Contents from the start date of the relevant Programme until the end of the Term of the Programme.

2.4 Comprehensive instructions to help with blood tests will be provided. If despite following these instructions carefully the Participant is unable to obtain successful blood tests we will provide one re-test at our cost. Any further re-test(s) will be at the Participants cost.

2.5 By agreeing to participate in the Programme you consent to Combe Grove sharing your personal data with Thriva and other third party treatment suppliers as notified to you in relation to the delivery of the Programme. As the use of those third parties is necessary to support our Programmes, if you decline to give your consent for details and/or results of health checks to be provided to them then it may not be possible for Combe Grove to perform certain elements of the Programmes. In those circumstances we reserve the right to end our contract and provide you with a refund for sums paid for elements of the Programme you have not received less any reasonable costs we have already incurred.

2.6 The Elmhurst Foundation shares anonymised results to further advance the field of Metabolic Health. If you do not agree with anonymised health check results being shared for this purpose you should not agree to participate on a Programme. Refer to clause 9 for details of our Privacy Policy.

2.7 In order to use and benefit from the Programme Content, you must be an active Participant on the Programme. In relation to each Programme you agree to:

2.7.1 engage appropriately with the Programme and to respond to, and provide, all information reasonably requested by Combe Grove in relation to your participation on the Programme;

2.7.2 treat all information received from or about other participants on a Programme, for example in the context of group sessions, webinars, Q&As, etc, private and confidential at all times;

2.7.3 ensure that you have completed the setup of and have access to Practice Better, and all other relevant software, in advance of the Programme and to raise any issues or concerns with the Enrolment Manager;

2.7.4 disclose all relevant changes in your health status, medications, medical diagnosis, supplements taken, etc, prior to your Programme commencing and during the Term;

2.7.5 treat all information, content and materials provided during the Programme as for information purposes only and shall not use any such information, content and materials as a substitute for professional medical care in any way .

2.8 You will become a participant on a Programme only if and when we accept your application. We are always delighted to welcome participants onto our Programmes, although our decision whether or not to accept your application remains at our absolute discretion. We have a policy that former employees of Combe Grove may apply to be a Participant on a Programme by invitation only.

2.9 Once we accept your application there will be a contract between you and Combe Grove on these Terms and Conditions.

2.10 Subject to the cancellation terms set out in clause 2.11 and 2.12, your Programme will run for the Term.

2.11 Where our contract is not made on our premises i.e. it is made remotely by telephone or via our website, the Consumer Contracts Regulations give you the rights set out in this clause 2.11, and they will be in addition to the rights given to you by clause

2.12. Provided that our contract has been made remotely, you may for any reason cancel your Programme up until the expiry of 14 days after the date when we accept your application for participation on a Programme, which is known as the “Cooling off Period”. However, if we begin to provide you with any facilities or services before the end of the Cooling off Period at your request, you must pay a pro rata Programme Fee for any such Programme Content, facilities or services provided up to the point of cancellation. If you cancel, as allowed by this clause 2.11, and you have already made payments to Combe Grove under clause 3, we will refund the payments to you within 14 days of receiving notice of cancellation from you, less any amount due for the particular Programme Content, facilities services requested and provided to you during that period which includes the cost of the Welcome Box and its contents. If you request that your Programme be cancelled under this clause 2.11, you must confirm this in writing either by email to enrolments@combegrove.com or by recorded delivery post to the Brassknocker Hill address. If you wish to cancel your Programme in other circumstances, please refer to the following clauses for those other circumstances in which you may do so.

2.12 You may provide Combe Grove with notice to cancel your Programme at any time during the Term. Unless you are in the Cooling off Period described in clause 2.11, above, then:

2.12.1 unless we agree otherwise in our absolute discretion, your notice to cancel shall take effect at the end of the Term; and

2.12.1 no refund of Programme Fees shall be made to you.

2.13 You may suspend your participation on a Programme if you suffer a long-term illness or injury. If you wish to suspend your Programme on this basis, you should inform Combe Grove of the request for suspension as soon as is possible. In order to agree to this suspension, we will require you to provide a medical certificate, doctor’s note or similar proof of illness or other incapacity, in order to suspend your Programme under this clause.

2.14 You may suspend your participation on a Programme for reasons not covered by clause 2.13. Non- medical suspension may only take place if we agree in our absolute discretion.

2.15 Your participation on a Programme cannot be transferred or loaned to another person. It is personal to you.

2.16 As we need to contact you from time to time in relation to your Programme at Combe Grove, please update Combe Grove if any of your contact information changes, including your name, address, telephone number, email address and next of kin details.

2.17 All participants on Programmes must be aged 18 or above.

2.18 To the extent that we engage third party service providers to enable Combe Grove to provide the Programme to you, the services of such third party service providers will be performed subject to the third party service providers’ relevant terms and conditions. We do not provide any warranties or assurances about the services of third party service providers and you agree to be subject to, and bound by, the terms and conditions applicable to such third party services. Should it be necessary for Combe Grove to use third party services in relation to your Programme we will endeavour to bring it to your attention as soon as is reasonably possible.

2.19 We endeavour to ensure that the designated Programme Health Coach will run all sessions related to each Programme. However, we reserve the right to change timings for sessions, to provide recorded content, or to use alternative members of our Practice Team to run sessions including in the event of illness or other unforeseen circumstances.

2.20 We will notify you of minimum system and software requirements in relation to virtual appointments and sessions. It is your responsibility to ensure that you meet these requirements. Appointments and sessions will not be delayed due to technical issues resulting from a failure to ensure minimum system and software requirements are met.

2.21 A Welcome Box of Programme related materials will be sent to you, arriving at least 7 days before the start date of the Programme. If you think there is something wrong with the Welcome Box sent to you, you must contact us as soon as possible by email to enrolements@combegrove.com.

2.22 If you are unable to attend any pre-booked home health check, one-to-one session, live webinars, live group sessions, you may cancel the appointment or sessions through the booking system up to forty-eight hours before the scheduled start time.

2.23 If you cancel a pre-booked appointment or session by providing the required amount of notice we will use reasonable efforts to assist you to rebook onto a suitable alternative within the Programme Term. If no suitable alternative is available within the Programme Term you may lose the right to rebook the treatment and no refund will be given. No refund will be made in circumstances where the required amount of notice to cancel an appointment or session is not given.

2.24 Programmes are provided in English-language only.

Programme Fees and Payment

3.1 Programme Fees are payable either:

3.1.1 in full in advance of the start of the Programme by debit or credit card; or

3.1.2 in three equal instalments via Paypal at the intervals notified to you by Combe Grove.

Programme

4.1 We will provide you with a copy of the current Programme Guidelines on request. The current Programme Guidelines are available to read here

4.2 You are responsible for your own state of health, physical condition and wellbeing at all times. We will ask you to complete a Health and Commitment statement at the start of your Programme and we may ask you to update this .

4.3 Any information or guidance we provide is not a substitute for the consultation, diagnosis, and or medical treatment of your doctor or healthcare provider.

4.4 You must not rely on any information or guidance we provide you with as an alternative to medical advice from your doctor or healthcare provide and we expressly disclaim all responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any information or guidance we provide you with, save where we have been negligent and are responsible for the loss or damage suffered.

4.5 If you have any specific questions or concerns about any medical matter, you should consult your doctor or healthcare provider as soon as possible.

4.6 If you think you may be suffering from any medical condition, you should seek immediate medical attention from your healthcare provider. Do not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information or guidance we provide you with.

4.7 If you are receiving treatment from your GP, or any other medical provider, you should tell them about any nutritional strategy provided in your Programme. This is necessary because of any possible reaction between medication and the nutritional programme.

4.8 You may only use the equipment provided by Combe Grove in the correct manner and you must not use it in any manner which constitutes a health and safety risk either to yourself or to others.

4.9 You accept that using our equipment or taking part in sessions such as movement classes may be physically challenging and carries with it risk that we cannot entirely eliminate, including risk of personal injury. You accept that we, and our team, are not medically trained and are not qualified to provide any assessment or advice on whether you are medically fit to participate in any activity or use any equipment. You must seek your own professional medical advice prior to participating in any activity or using any equipment, including but not limited to where you have a medical condition or are taking medication which may affect your ability to exercise or use any equipment or facilities provided by Combe Grove. You must ensure that you participate in activities and use equipment in a safe environment and that you wear appropriate clothing and footwear. In the absence of any negligence or other breach of duty by Combe Grove, your participation in any activity or use of the equipment provided is entirely at your risk.

4.10 All Programme Content is, and shall remain, owned by The Elmhurst Foundation and is provided for your individual use. You must not share any of the Programme Content with any other person or allow them access to it. You are not permitted to make copies of any Programme Content supplied to you. In addition, you must respect the confidentiality of other participants as described in clause 2.7.2, above.

Treatments

5.1 You must book in advance to attend any treatment to be provided by Combe Grove as part of your Programme. No priority is given and places are allocated on a first come first served basis. Bookings must be made and the treatments taken before the end of the Programme.

5.2 If you realise that you will be unable to attend a booked treatment, then please cancel the treatment through the booking system up to forty-eight hours before the scheduled start time of the treatment.

5.3 If you cancel a booked treatment by providing the required amount of notice we will use reasonable efforts to assist you to rebook onto a suitable alternative within the Programme Term. If no suitable alternative is available within the Programme Term you may lose the right to rebook the treatment and no refund will be given. No refund will be made in circumstances where the required amount of notice to cancel an appointment or session is not given.

5.4 If a treatment requires the payment of an additional fee over and above the Programme Fee, you must pay it at the time of booking. If any such required payment is not received, you will not be entitled to participate in the treatment.

Limitation of Liability

6.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and Combe Grove when our contract was created. We will not be responsible for any loss or damage that is not foreseeable.

6.2 We only provide or sell all facilities and or services to you as a Consumer for your personal and private use or purposes. We make no warranty or representation that services or products, or other goods or materials that we provide or sell are fit for commercial, business, industrial, trade, craft or professional purposes of any kind including resale. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

6.3 Nothing in these Terms and Conditions is intended to or will exclude or limit our liability for death or personal injury caused by our negligence including that of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.

6.4 Furthermore, if you are a Consumer either for the purposes of the Consumer Rights Act 2015, or any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under:

6.4.1 the Consumer Rights Act 2015;

6.4.2 the Consumer Contracts Regulations;

6.4.3 the Consumer Protection Act 1987; or

6.4.4 any other relevant consumer protection legislation, in each case as that legislation is amended from time to time.

6.5 For more details of your legal rights, we encourage you to refer to your local Citizens’ Advice Bureau or Trading Standards Office who will be able to provide you with more detailed information.

Circumstances where we may Terminate your Programme

7.1 We reserve the right to immediately terminate your participation on a Programme in any of the following circumstances:

7.1.1 If you breach these Terms and Conditions in a serious way, or you repeatedly breach these Terms and Conditions and fail to correct the breach within a period of seven days following our request to do so.

7.1.2 If you use rude or abusive language, or are threatening or violent towards any other participant on a Programme, or our team.

7.1.3 If you fail to behave in a manner which is consistent with our values, or otherwise behave in an unacceptable or obnoxious manner which prevents other participants on a Programme or our team from participating in and enjoying the Programme.

7.1.4 If you share any Programme related content to any other person, or allow another person access to the content, or make unauthorised copies of any Programme related content, in each case without our prior written permission.

Changes to these Terms and Conditions

We may, from time to time, change these Terms and Conditions without giving you notice, but we will use our reasonable endeavours to inform you as soon as is reasonably possible of any such changes.

How we use your Personal Information

Complaints

We always welcome feedback from Participants on our Programmes and we always use all reasonable endeavours to ensure that your experience on a Programme is a positive one. We would like to hear from you if you have any cause for complaint about our facilities, services or any other complaint about your participation on a Programme, please raise the matter with Combe Grove by writing or emailing enrolments@combegrove.com

No Waiver

No failure or delay by Combe Grove or you in exercising any rights under these Terms and Conditions means that we or you have waived that right, and no waiver by Combe Grove or you of a breach of any provision of these Terms and Conditions means that we or you will waive any subsequent breach of the same or any other provision.

Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

Law and Jurisdiction