We take safeguarding online privacy seriously. Please read the whole of this statement carefully as it sets out what information we may collect from you, how we may use it and your rights in respect of our use and the key details of our privacy policy.

From time to time, we may need to change our privacy policy because of changes in our organisation, legislation or in our attempts to serve your needs better. We will use reasonable efforts to publish any changes to our privacy statement.

Virunga Ltd (Trading as ForgetTheGym) is responsible for collecting, processing, storing and safe-keeping personal and other information as part of providing a service and carrying out our regular business activities. We manage personal information in accordance with the Data Protection Act 2018.

Any questions regarding our processing of personal data should be directed to us via [email protected]

SCOPE

Our Privacy Statement governs any kind of processing where we are acting as a data controller or co-controller (including collection, use, transfer, storage and deletion) of personally identifiable information (any information that may be used to identify a physical person, and any other information associated therewith) about natural persons. This statement applies to our processing of data collected through any means, actively as well as passively, from persons located anywhere in the world.

We are guided by the following principles when processing data:

1. We will only collect data for specific and specified purposes; we will make it clear at the point when we request your information, what we are collecting it for and how we are going to use it;
2. We will not collect data beyond what is necessary to accomplish those purposes; we will minimise the amount of information we collect from you to what we need to deliver the services required;
3. We will collect and use your personal information only if we have sensible business reasons for doing so, such as contacting you with newsletters, offer and providing you with coaching services and useful training tips.
4. We will not use your data for purposes other than those for which it was collected, accepted as stated within our policy, or with your prior consent;
5. We will seek to verify and/or update your data periodically and we will accept requests from you for amendment of the data held;
6. We will apply high technical standards to make our processing of data secure;
7. Except otherwise stated, we will not store data in identifiable form longer than is necessary to accomplish its purpose or as required by law.

INFORMATION COLLECTED

The information we may collect about you could include, but is not limited to:

1. Personal details
2. Financial details
3. Physical or mental health details

When we obtain special category data from you we will always get your consent first.

We will collect information from you when:

1. You sign up to our newsletter or mailing list
2. You join a course or programme
3. You contact us for information via our website or social media channels, by phone or email
4. You post on our social media channels, website or blog
5. You work with us in a commercial capacity

We may use the information collected to:

1. Allow you to process a booking for a product or course
2. Create a profile for you on our site
3. Send you our newsletters or provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes
4. Ensure that content from our site is presented to you in the most effective manner for you and your computer
5. Allow you to participate in the service you have chosen to do so
6. Notify you about changes to our service

INFORMATION STORAGE

If you provide us with your email address it will be stored, along with your first name and surname via our Kajabi software. Kajabi have their own privacy policy and will protect your data. You can find out more here: https://kajabi.com/policies/privacy

We will never sell or share your personal information with third parties.

LEGAL BASIS FOR PROCESSING YOUR DATA

The General Data Protection Regulation (GDPR) provides that processing of your data shall only be lawful if and to the extent that at least one of the following applies:

1. You have consented
2. For the performance of a contract
3. For compliance with a legal obligation which we must perform
4. To protect vital interests of your or another person
5. It is in the public interest
6. It is in the legitimate interests pursued by us or a third party

We collect data for the purposes set out above. Data is managed to ensure that it is either erased from our system when it is no longer required for the purpose for which it was collected, retained for legal reasons or minimised and retained.

Any health data collected from you has special protection and is limited to that permissible by law. In all instances where special category data is collected we will obtain your express consent.

LINKS FROM OUR SITE

Our site contains links to and from other websites which are operated by individuals and companies over which we have no direct control. If you follow a link to any of these websites, please note that these websites have their own privacy and terms of use polices. We do not accept any responsibility or liability for these policies. We advise you to check the policies for third party sites before you submit any personal data to the website.

MARKETING EMAILS

We will make it as easy as we can for you to opt out of unwanted processing, providing it does not restrict our ability to provide you with the primary service you have requested.

Please note if you wish to unsubscribe from any marketing emails that you have signed up for, you can do so by emailing [email protected] or clicking onto the unsubscribe link on the marketing email that was sent to you. It may take 24 hours for this to become effective.

WEBSITE ANALYTICS & TARGETED MARKETING

We use website analytics to provide the best user experience and service to you and to evaluate and improve our site. We utilise third party data analytics service providers Google Analytics to improve our visibility and to monitor website browser behaviour and navigation across our site.

These third-party data analytics service providers collect this information on our behalf in accordance with our instructions and in line with their own privacy policies. Our service providers may collect the following data about the way you use our site, which will almost always be anonymised and aggregated before reporting back to us:

1. Number of visitors to our site
2. Pages visited whilst using the site and time spent per page
3. Page interaction information, such as scrolling, clicks and browsing methods
4. Source location and details about where users go when they leave the site
5. Page response times and any download errors
6. Other technical information relating to end user device, such as IP address or browser plug-in

From time to time we may use the information collected about you to present you with targeted advertisements using platforms such as Facebook, Twitter, Google and/or Instagram.

CHANGES TO OUR POLICY & FUTURE PROCESSING

We do not intend to process your personal information except for the reasons stated within this privacy notice. If this changes, this privacy notice will be amended and placed on our website homepage in the footer.

POLICY DETAILS

We continually review our privacy practices and may change our policy and privacy statement from time to time. When we do this an amended privacy statement will be placed on our website homepage in the footer.

This privacy notice was published on May 2023 and last updated on May 2023

If you are concerned about how we are collecting, using and/or sharing your personal information, you can contact our Data Protection Officer at [email protected]

This Site uses cookies; small files of letter and numbers that are automatically placed on your machine – if you agree - to help our Site provide a better user experience.

Cookies do not typically include identifying personal information but cookies may also be linked to personal information which is stored about you.

We use cookies to retain your user preferences, store information from elements of our Site such as shopping carts, and to provide anonymised tracking data to third party applications such as Google Analytics. These cookies are likely to be analytical/performance cookies or targeting cookies. We have no control over third party cookies.

In general, cookies should make your browsing experience better. You may prefer to disable cookies for this Site which you can do by disabling cookies in your browser. We suggest following the steps via the ‘Help’ tool of your browser. Please note that if you change your browser settings to block all cookies (including essential cookies) you may not be able to access some or all of our Site.

Except for essential cookies, all cookies expire within a reasonable period of time.

These Terms and Conditions set out how you (the User) can use this Site. Please read them carefully. The ForgetTheGym Privacy Statement is set out in a separate page and confirms how we use data relating to you and it forms part of these Terms of Use.

Separate legal terms apply to purchases made via this Site. These terms may change from time and the terms in force will be displayed on this page.

 ABOUT US AND HOW TO CONTACT US

Virunga Ltd (trading as ForgetTheGym.ie) is incorporated and registered in Dublin, Ireland.

SITE USE

By visiting www.ForgetTheGym.ie you are consenting our terms and conditions as set out below.  Should you not wish to accept the terms and conditions of this Site in full you should cease using this Site immediately.

This website, www.ForgetTheGym.ie, will be referred to as the “Site”.  All visitors to the Site will be referred to as “User” “You” or “Your”. As a user, you will be bound by these Terms of Use which may also be referred to from time to time as Terms and Conditions. The terms “We” “Us” and “Our” refer to ForgetTheGym. Accessing and using the Site constitutes acceptance of the Terms of Use.

By using this Site you agree to the Terms and Conditions without modification. We reserve the right to amend the Terms of Use of this Site and on doing so we will update these Terms and Conditions.

This Site is intended for use by persons who are a minimum of 18 years old.

You must not copy, share or disseminate the information on this site which is subject to copyright for which all rights are reserved.

This Site is directed to people residing in Ireland. We do not represent that the content will be available or appropriate in other locations. This Site is written in English and we do not take responsibility for any translations which are applied to this Site.

In using this Site you may encounter comments and/or content supplied by other users. The information contained within user comments is not verified or approved by us. The views expressed by other users on the Site do not represent our views or values.

TERMS

The content on this Site, and the associated social media channels and email marketing, will include information on wellness coaching. All content is intended for informational purposes only. None of the content in emails, blog posts or social media posts should be construed as specific wellness coaching advice.

In addition to these Terms of Use please be aware of our Privacy Policy and Terms and Conditions of Sale which include key terms which are set out separately on our Site.

SITE OPERATION

This Site is available free of charge.

We do not guarantee the availability of any Site or content. We reserve all rights to withdraw, suspend or restrict the content at any time for any reasons. Where possible, we will give you reasonable notice if the Site is to be suspended.

We do not guarantee that this Site will be secure or free from bugs or viruses.

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

PRIVACY POLICY

Our business has a privacy policy. The key elements of that policy are set out on this Site in our Privacy Statement, last updated May 2023 The Privacy Statement can be found above.

INTELLECTUAL PROPERTY RIGHTS

This Site contains intellectual property created and owned by ForgetTheGym unless otherwise stated. The Intellectual Property includes all content on the Site. Content means any text, graphics, audio and video and also extends to the page layouts of this Site and any social media channels and emails. All photographs and videos on this website and the connected social media channels are subject to copyright.

You may not use our intellectual property in any way. This includes but is not limited to republishing or sharing any text, graphics, audio and video and also extends to the page layouts of this Site and any social media channels and emails.

Should you wish to utilise the content on this Site please contact [email protected] to make your request. You must receive written permission to repurpose, copy and/or modify any content on this Site, or content which is shared to you by email or on social media.

If you are granted permission to share content from this Site or our social media channels please link back to the specific website page and let us know that you have shared the piece so that we can share your piece with our audience.

For all copyright requests please contact [email protected]

LOSS OR DAMAGE

Notwithstanding any of these terms, we do not intend to exclude or limit our liability to you where it would be unlawful to do so. We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We have no liability to You for any loss of profit, loss of business, business interruption or loss of business opportunity. To the maximum extent permissible at law, our aggregate liability to you in connection with these terms howsoever arising in contract, negligence or otherwise, is limited to £250.

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

REFUND POLICY

Should you decide to purchase a coaching programme or any personalised product from this Site then you will enter into a contract of sale with us at the point of sale. If you change your mind about purchasing you are entitled to a refund for the 14 days following the purchase. Should your coaching course or programme start within that 14 day period and you decide to cancel then you will be refunded, but the amount of any coaching sessions or value received will be deducted from your refund. Deductions will be calculated on a pro-rata basis.

If you make an electronic purchase then you will be sent a link for a direct download.  At the point of purchase, you will be asked to confirm your express consent to receiving the download immediately. In agreeing to receive the download at the point of purchase you will lose your right to cancel and your right to a refund.

Should you have any questions about your purchase we will be happy to assist.

DISCLAIMERS

The information on this website is intended for entertainment and information purposes only and does not constitute medical (including dietary) advice. The information on this Site is provided without any representations or warranties, express or implied.

You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our Site.

You must not rely on the information on our Site as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about a medical matter you should consult your GP or other relevant health professional. If you believe you may be suffering from a medical condition you should seek immediate medical attention. You should never delay in seeking medical advice because of information on our website or social media channels.

You should contact your GP for further information prior to beginning any new workout regime. If you experience chest pain at any point whilst exercising you should stop immediately and seek urgent medical assistance.

Not all workouts shared are suitable for experience levels. If you are new to exercise, pregnant or have given birth within the last six months, or have recently been injured you should consult a medical professional before taking part in any physical exercise and follow their advice.

Although reasonable efforts are made to update the information on this Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

The content on this Site does not constitute running, fitness or wellness advice. Should you require advice under any of these heads then you should contact a professional directly. You may wish to work with us. Only when you make a purchase from us will we be able to provide advice as at this point we will work with you on either a one to one or group basis, depending on the service you purchase and advice can be given which is tailored to your needs. Viewing the information on this Site does not constitute a contractual relationship between you and us.

Nothing in this disclaimer will:

(a)       limit or exclude any liability for death or personal injury resulting from negligence;

(b)       limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)       limit any liabilities in any way that is not permitted under applicable law; or

(d)       exclude any liabilities that may not be excluded under applicable law.

This Site may contain links to other sites. These sites are not under our control and we cannot be responsible for any actions or events arising from you following any links from this Site. Links are provided for informational purposes only and should note be interpreted as approval or endorsement by us.

Any comments on our blog or social media channels are not endorsed or verified by us. We are not responsible for the comments on our Site made by third parties. Should we become aware of comments which are likely to be distressing we will remove them from our Site. Removal of comments does not indicate that any compensation will be awarded, it will not, comments are removed to ensure enjoyment for Site users.

We have an affiliate scheme which means that we work with carefully selected partners who promote our products and services and receive a commission payment for every sale. From time to time we also partner with third parties and recommend their products and services for which we may receive commission or payment in kind. In all circumstances we make full disclosures as to our affiliate partners and never charge you more.

JURISDICTION AND DISPUTE RESOLUTION

These Terms are governed by the laws of Republic of Ireland. The Courts of Republic of Ireland have exclusive jurisdiction for any matter and proceedings arising out of the use of this Site.

It is intended that all disputes can be resolved with good faith between the parties. Should it not be possible to resolve a dispute then the dispute shall be referred to mediation.

MISCALLENEOUS

Whilst using this Site you may provide personal information about yourself including your name and email address. When providing these details, you agree to provide accurate and up to date information.

For the avoidance of doubt the Terms of Use stand as terms only, there is no intention to create a contract.

Membership Terms: Key Details

The terms and conditions set out below apply to the services offered by ForgetTheGym. Please read them carefully as they affect your rights and liabilities under law and set out the terms under which ForgetTheGym (“we”, “our” or “us”) provide services to you, as purchaser of the membership. These terms are subject to any rights you have under consumer law to which we are bound and which cannot be waived by contract. By ticking the box upon purchase, you confirm that you have read, understood and agree to the terms and conditions outlined in this Agreement. This Membership Agreement  comes into effect on the day of purchase (or if purchased in advance, will start 1st May 2023).  

Membership Outline

The membership is an ongoing commitment where you will receive regular support and guidance. You can choose to engage with some or all of the excellent features within the membership. Everyone uses it differently to suit their lifestyles and schedules. It is highly recommended to download the Kajabi Communities App for the best experience of the membership to have on the go. But you can access from within our website members area too. You will have a personal login to your dedicated members only area.  

Membership Specifics

These are the main elements to the membership and these will evolve into the future to best meet the members requests:

1. Full library of follow along videos
2. Regular virtual events and in person meetups
3. Weekly coaching videos
4. Regular optional challenges
5. Monthly coaching planning sessions
6. Downloadable Documents
7. Private membership community
8. Private blogs and lessons
9. Private members podcast
10. Email coaching support

Private membership community

You will have access to a private membership App and community area to support you during the Membership. The intention of the App is to provide community support and a network of individuals with similar values and challenges

Please be advised that whilst we hope that you will be able to utilise the community, we make no guarantees as to the availability of the group and/or the content within the group at any time.

Behaviour

It is requested that at all times your behaviour towards others is polite and respectful. We will not be held responsible for the behaviour or actions of any other members. Should your behaviour be deemed offensive or inappropriate we reserve the right to remove you from the membership with immediate effect.

Disclaimers

We make no guarantees or claims as to the success of any member. Each individual is unique. The aim is that by working through the trainings and resources and taking advantage of all of the elements which the membership has to offer you will have new information, strategies and techniques to create a successful healthy future.

All information provided will be general information and guidance and will not be bespoke advice. We are not responsible for any action or inaction which you take as a result of the information within the membership. We are not responsible for any loss of opportunity or any investments which you make.

No content in this membership should be construed as medical advice, whether mental or physical. If you believe that you require medical attention you should seek assistance from a medical professional immediately.

We ask that all members in the membership respect the rights of others in respect of their behaviour and privacy. We will not be responsible for the action of any members including for any disclosures made by any members based on information which has been shared within the membership.

Contact and Schedule

It is the intention that the membership will run continuously. Should an unforeseen reason arise which cause a session(s) to be postponed they will be re-arranged as soon as possible. Throughout the membership we will be available by email and within the membership community and will respond as soon as possible and within 48 hours. If you have a technical query relating to accessing the membership please include “Tech” in the subject line of your email correspondence.

You may see us post on social media or within our membership community outside of our core hours. Not all of these posts are live and some will be pre-scheduled. We are passionate about supporting everyone in the membership and where we can we may respond to you out of hours but we make no guarantees that this will always be possible.

Founder member benefits

As a founder member (joining in May 2023) you will have the additional benefits of retaining your founder member price of €34 for the duration of your time in the membership. You will also receive our new member gift in June 2023. Should you wish to pause or cancel your membership, please note that if you cancel you will lose all your founder member benefits should you rejoin in future. A pause might be a more sensible approach if you see yourself returning it the future. See paragraph below on cancellations and pauses.

Privacy and Confidentiality

Your privacy and protection of your personal data is important to us. Your personal data is protected as set out in our privacy policy. We utilise Kajabi to manage our communications with you.

During the course of the membership you may have access to confidential information, in particular the personal affairs of others on the course. In accepting these terms, you agree that you will not use or disclose to any person, organisation or company, and shall use your best endeavours to prevent the publication of, any confidential information relating to any other member.  

You accept that any unauthorised disclosure of personal or confidential information belonging to another may amount to immediate dismissal from the membership. Should you decide to leave the Membership then you remain bound by the confidentiality and privacy obligations. You agree not to share login information with non-members, Reproduce any of the information received as part of their membership and share it with non-members or post inappropriate, inaccurate or offensive content to membership forums and discussions. ForgetTheGym has a right to terminate the Member’s membership if any of the terms and the conditions of this Agreement are violated.

Please be aware that some training sessions may be recorded and your name and image/video may be captured. The recordings of the training will be kept and made available to others in the membership. If you provide or share any information within these sessions about yourself or your business that information will be shared within the group. Should you not wish to be recorded please ensure that if you attend any training your camera is switched off and your name field is changed to “Attendee” with your initial so that support can still be offered but no personal identifiable information will be captured.

Payment Terms

The cost of the membership is set at the time you subscribe. On subscription you will agree to monthly payments via Stripe which will be taken on the same day each month from your credit/debit card provided. For example, if you sign up in 13^th May, your next payment will be automatically transferred on 13^th June. Prices for the membership will gradually increase over time. But please note that Founder members retain the their initial €34 per month pricing for duration of the membership regardless of what newer members pay.

Late Payments

Members will be notified about late payments and will have 2 weeks credit of membership to rearrange payment before membership ceases. 

Refunds and Cancellation

It is our aim that you will be completely happy with the Membership. However, we appreciate that there may come a time when you wish to leave the Membership. You can terminate their membership at any point and for any reason and will not be charged for the next billing cycle. Refund requests should be made in writing to [email protected].  A full refund will be provided with in 14 days of purchase. Should you wish to cancel your membership beyond the initial 14 day cancellation period, you can do so by emailing mary@forgetthegym.ie and we will arrange to have your membership cancelled at the new payment cycle. You membership will close within 30 days of your request. If you are a founder member (and hence have reduced pricing) if you cancel your membership and wish to resubscribe at a later date, you will no longer have access to the founder member benefits.

Pausing Membership

A pause in membership may be requested in certain situations. If you wish instead to pause your membership for a certain amount of time (no longer than 6 months) instead of cancel,  this might be a possibility which can be discussed directly with admin@forgetthegym.ie . After the paused period you return to your original member benefits and pricing or you can decide to cancel your membership. When you pause a membership, access is removed from all membership products but you retain your original terms from purchase. After you return to membership, you must have at least a 12 month period as a member before you a request a further pause. Pregnancy, illness or injury are the main reasons for a pause. Holiday or other lifestyle reasons are not seen as valid pause criteria.

We reserve all rights to cancel the programme for any reason without prior notice. In such circumstance a refund will be provided for the remainder of that month as applicable.

Intellectual Property

During your time as a member you will be provided with course materials. At all times the intellectual property rights and copyrights connected with those materials remain with us. You have the right to use the materials as learning tools but you are not permitted to duplicate or provide copies to third parties. We retain and reserve all of our copyrights.

Complaints

If you have a complaint about the programme this should be made to made in writing to [email protected]

Illness

If you are ill or unable to engage in membership in live events,  you will be able to watch the recording of the particular sessions. If you are ill for an extended period please let us know and we will support you wherever we can.

Additional Support

Additional support can be offered to each member in the form of 1:1 support or guidance. We are happy to support you as required, please contact us directly, additional charges may apply.

Fitness Waiver

I have volunteered to participate in a program which may include some physical exercise under the direction of ForgetTheGym.ie. I recognise that an examination by a doctor should be obtained by all participants prior to involvement in any exercise program. If I have chosen not to obtain a doctor’s permission prior to beginning this exercise program, I hereby agree that I am doing so at my own risk.

I acknowledge and agree that I assume the risks associated with any and all activities and/or exercises in which I participate. I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary.

I acknowledge that I have thoroughly read this waiver and release and fully understand that it is a release of liability. By ticking the box, I am waiving any right I or my successors might have to bring a legal action or assert a claim against ForgetTheGym.ie for your negligence or that of your employees, agents, or contractors.

I do here and forever release and discharge and hereby hold harmless ForgetTheGym.ie, and their respective contractors, and employees and local city councils from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in this or any exercise program including any injuries resulting there from. This waiver and release of liability includes, without limitation, injuries which may occur as a result of

(1) equipment/outdoor props that may malfunction or break
(2) any slip, fall, dropping of equipment and
(3) our negligent instruction or supervision

General

We intend to rely on the written terms set out in these terms and conditions for the services that we provide to you in delivery of the membership. These written terms shall constitute the entire agreement between us.

Should there be any conflict between these terms and any membership hosting platform or payment gateway, these terms shall prevail.

We may update these terms and conditions from time to time for legal or regulatory reasons or to allow the proper operation of your service. Any changes will be notified to you as soon as possible.

If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these terms and conditions.

These Terms are governed by Irish law. The Courts of Ireland have exclusive jurisdiction over any matter and proceedings arising out of the Membership.

Fitness Waiver

For all classes, events, workshops and long distance training programmes

I have volunteered to participate in a program which may include some physical exercise under the direction of ForgetTheGym.ie. I recognise that an examination by a doctor should be obtained by all participants prior to involvement in any exercise program. If I have chosen not to obtain a doctor’s permission prior to beginning this exercise program, I hereby agree that I am doing so at my own risk.

I acknowledge and agree that I assume the risks associated with any and all activities and/or exercises in which I participate. I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary.

I acknowledge that I have thoroughly read this waiver and release and fully understand that it is a release of liability. By ticking the box, I am waiving any right I or my successors might have to bring a legal action or assert a claim against ForgetTheGym.ie for your negligence or that of your employees, agents, or contractors.

I do here and forever release and discharge and hereby hold harmless ForgetTheGym.ie, and their respective contractors, and employees and local city councils from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in this or any exercise program including any injuries resulting there from. This waiver and release of liability includes, without limitation, injuries which may occur as a result of

(1) equipment/outdoor props that may malfunction or break
(2) any slip, fall, dropping of equipment and
(3) our negligent instruction or supervision

Membership Terms: Key Details

The terms and conditions set out below apply to the services offered by ForgetTheGym. Please read them carefully as they affect your rights and liabilities under law and set out the terms under which ForgetTheGym (“we”, “our” or “us”) provide services to you, as purchaser of the marathon programme. These terms are subject to any rights you have under consumer law to which we are bound and which cannot be waived by contract. By ticking the box upon purchase, you confirm that you have read, understood and agree to the terms and conditions outlined in this Agreement. This marathon Agreement  comes into effect on the day of purchase.  

Marathon Programme Outline

The marathon programme is an ongoing commitment where you will receive regular support and guidance right from June until the week after your marathon day. You can choose to engage with some or all of the excellent features within the programme. Everyone uses it differently to suit their lifestyles and schedules. It is highly recommended to download the Kajabi Communities App for the best experience of the programme. But you can access from within our website members area too. You will have a personal login to your dedicated members only area. By sigining up to the marathon programme you also gain access to our full members area for July - October. 

Marathon programme specifics

• Weekly videos, training notes and tips
• Personalised training plans and feedback
• Online support and guidance from Mary and team
• Private Forum for chats and advice
• Option to meet for long runs
• A few nice surprises along the way!
• Running technique workshop
• Foam roller workshop
• A community of like-minded runners
• Race Day Support (end October)

Membership Specifics

These are the main elements to the membership and these will evolve into the future to best meet the members requests:

1. Full library of follow along videos
2. Regular virtual events and in person meetups
3. Weekly coaching videos
4. Regular optional challenges
5. Monthly coaching planning sessions
6. Downloadable Documents
7. Private membership community
8. Private blogs and lessons
9. Private members podcast
10. Email coaching support

Private membership and marathon community

You will have access to a private membership App and community area to support you during the Membership. The intention of the App is to provide community support and a network of individuals with similar values and challenges

Please be advised that whilst we hope that you will be able to utilise the community, we make no guarantees as to the availability of the group and/or the content within the group at any time.

Behaviour

It is requested that at all times your behaviour towards others is polite and respectful. We will not be held responsible for the behaviour or actions of any other members. Should your behaviour be deemed offensive or inappropriate we reserve the right to remove you from the membership with immediate effect.

Disclaimers

We make no guarantees or claims as to the success of any member. Each individual is unique. The aim is that by working through the trainings and resources and taking advantage of all of the elements which the membership has to offer you will have new information, strategies and techniques to create a successful healthy future.

All information provided will be general information and guidance and will not be bespoke advice. We are not responsible for any action or inaction which you take as a result of the information within the membership. We are not responsible for any loss of opportunity or any investments which you make.

No content in this membership/marathon programme should be construed as medical advice, whether mental or physical. If you believe that you require medical attention you should seek assistance from a medical professional immediately.

We ask that all members in the membership respect the rights of others in respect of their behaviour and privacy. We will not be responsible for the action of any members including for any disclosures made by any members based on information which has been shared within the membership.

Contact and Schedule

It is the intention that the membership and marathon programme will run continuously. Should an unforeseen reason arise which cause a session(s) to be postponed they will be re-arranged as soon as possible. Throughout the duration we will be available by email and within the membership community and will respond as soon as possible and within 48 hours. If you have a technical query relating to accessing the membership please include “Tech” in the subject line of your email correspondence.

You may see us post on social media or within our community outside of our core hours. Not all of these posts are live and some will be pre-scheduled. We are passionate about supporting everyone in the membership and where we can we may respond to you out of hours but we make no guarantees that this will always be possible.

Privacy and Confidentiality

Your privacy and protection of your personal data is important to us. Your personal data is protected as set out in our privacy policy. We utilise Kajabi to manage our communications with you.

During the course of the membership you may have access to confidential information, in particular the personal affairs of others on the course. In accepting these terms, you agree that you will not use or disclose to any person, organisation or company, and shall use your best endeavours to prevent the publication of, any confidential information relating to any other member.  

You accept that any unauthorised disclosure of personal or confidential information belonging to another may amount to immediate dismissal from the membership. Should you decide to leave the Membership then you remain bound by the confidentiality and privacy obligations. You agree not to share login information with non-members, Reproduce any of the information received as part of their membership and share it with non-members or post inappropriate, inaccurate or offensive content to membership forums and discussions. ForgetTheGym has a right to terminate the Member’s membership if any of the terms and the conditions of this Agreement are violated.

Please be aware that some training sessions may be recorded and your name and image/video may be captured. The recordings of the training will be kept and made available to others in the membership. If you provide or share any information within these sessions about yourself or your business that information will be shared within the group. Should you not wish to be recorded please ensure that if you attend any training your camera is switched off and your name field is changed to “Attendee” with your initial so that support can still be offered but no personal identifiable information will be captured.

Payment Terms

The cost of the membership is set at the time you subscribe. On subscription you will agree to monthly payments via Stripe which will be taken on the same day each month from your credit/debit card provided. For example, if you sign up in 13^th May, your next payment will be automatically transferred on 13^th June. Prices for the membership will gradually increase over time. But please note that Founder members retain the their initial €34 per month pricing for duration of the membership regardless of what newer members pay.

Late Payments

Members will be notified about late payments and will have 2 weeks credit of membership to rearrange payment before membership ceases. 

Refunds and Cancellation

It is our aim that you will be completely happy with the Marathon Programme and Membership. However, we appreciate that there may come a time when you wish to leave the programme. Refund requests should be made in writing to [email protected].  A full refund will be provided with in 14 days of purchase. Beyond 14 days of purchase of the marathon coaching programme the following options are available. 

In case of injury or change of plan re marathon you can defer your marathon programme and membership access until next years programme. We do not offer refunds to the marathon programme for those who have signed up as a non existing member. If you decide not to follow the marathon programme once started, you can still access all of the membership community features and the full membership content right up to the end of October even if you do not follow the marathon content. In certain situations an allowance may be made to transfer purchase to another product or service.

Cancellations

We reserve all rights to cancel the programme for any reason without prior notice. In such circumstance a refund will be provided for the remainder of that month as applicable.

Intellectual Property

During your time as a member you will be provided with course materials. At all times the intellectual property rights and copyrights connected with those materials remain with us. You have the right to use the materials as learning tools but you are not permitted to duplicate or provide copies to third parties. We retain and reserve all of our copyrights.

Complaints

If you have a complaint about the programme this should be made to made in writing to [email protected]

Illness

If you are ill or unable to engage in membership in live events,  you will be able to watch the recording of the particular sessions. If you are ill for an extended period please let us know and we will support you wherever we can.

Additional Support

Additional support can be offered to each member in the form of 1:1 support or guidance. We are happy to support you as required, please contact us directly, additional charges may apply.

Fitness Waiver

I have volunteered to participate in a program which may include some physical exercise under the direction of ForgetTheGym.ie. I recognise that an examination by a doctor should be obtained by all participants prior to involvement in any exercise program. If I have chosen not to obtain a doctor’s permission prior to beginning this exercise program, I hereby agree that I am doing so at my own risk.

I acknowledge and agree that I assume the risks associated with any and all activities and/or exercises in which I participate. I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary.

I acknowledge that I have thoroughly read this waiver and release and fully understand that it is a release of liability. By ticking the box, I am waiving any right I or my successors might have to bring a legal action or assert a claim against ForgetTheGym.ie for your negligence or that of your employees, agents, or contractors.

I do here and forever release and discharge and hereby hold harmless ForgetTheGym.ie, and their respective contractors, and employees and local city councils from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in this or any exercise program including any injuries resulting there from. This waiver and release of liability includes, without limitation, injuries which may occur as a result of

(1) equipment/outdoor props that may malfunction or break
(2) any slip, fall, dropping of equipment and
(3) our negligent instruction or supervision

General

We intend to rely on the written terms set out in these terms and conditions for the services that we provide to you in delivery of the membership. These written terms shall constitute the entire agreement between us.

Should there be any conflict between these terms and any membership hosting platform or payment gateway, these terms shall prevail.

We may update these terms and conditions from time to time for legal or regulatory reasons or to allow the proper operation of your service. Any changes will be notified to you as soon as possible.

If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these terms and conditions.

These Terms are governed by Irish law. The Courts of Ireland have exclusive jurisdiction over any matter and proceedings arising out of the Membership/marathon coaching programme.