The Lean Rebalance Terms and Conditions

Definitions:

Client shall mean the person intending to purchase a Programme, purchasing a Programme or otherwise engaging in a customer-business relationship with The Lean Rebalance (The Lean Rebalance) run by Katie Weir;

Site shall mean The Lean Rebalance website https://www.theleanrebalance.com

Programme shall mean Metabolic Balance® or any other Programme offered by The Lean Rebalance.

Force Majeure shall mean any circumstance which is not within a party’s reasonable control, such as extreme weather, pandemics or epidemics, terrorism, and acts of God;

Office Hours shall mean 9am - 5pm Monday to Thursday & 9am - 3pm on Friday

Business Day shall mean a day other than a Saturday, Sunday or public holiday when the banks are open for business;

Agreed Terms

In purchasing/enrolling on the Programme or service offered by Katie Weir/The Lean Rebalance, Client agrees to be bound by these Terms and Conditions.

Client confirms that they wish to participate in The Metabolic Balance® Programme/any other The Lean Rebalance Programme or service and Client understands that participation is entirely at Client’s own risk. 

Client agrees to hold neither The Lean Rebalance nor Katie Weir responsible for any injury, liability, loss or risk, personal or professional as a result of following advice from, or participating in, a Programme delivered by The Lean Rebalance or Katie Weir. 

Client further confirms that Client is voluntarily engaging in a health management programme which may include an acceptable level of exercise in accordance with recommended government guidelines. 

Client accepts that Katie Weir/The Lean Rebalance is not and is not holding itself out to be a medical professional, (“Medical Provider”), or a psychiatrist, psychologist, therapist, counsellor, or social worker (“Mental Health Provider”). Katie Weir/The Lean Rebalance is not providing health care, medical or professional nutritionist advice, or attempting to diagnose, treat, prevent, or cure any physical, mental or emotional issue, disease or condition Client may have.

The information, advice and recommendations that Katie Weir/The Lean Rebalance may provide Client during the course of the Programme are not intended to be a substitute for the professional medical advice, professional nutrition advice, diagnosis or treatment for problems Client may have, provided by Client’s own Medical Provider or Mental Health Provider. Client agrees and acknowledges that Katie Weir/The Lean Rebalance is not providing medical advice, professional nutrition advice or mental health support in any way. Client should always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns Client has about Client’s health or any medications, herbs or supplements Client wishes to take before implementing any of my recommendations or suggestions.

Client must not disregard medical advice or delay seeking medical advice because of information Katie Weir/The Lean Rebalance may give to Client. Client must not start or stop taking any medications without speaking to Client’s Medical Provider or Mental Health Provider. If Client has or suspects that Client has a medical or mental health problem, Client must contact Client’s own Medical Provider or Mental Health Provider promptly.

Any product recommendation Katie Weir/The Lean Rebalance gives is not intended to diagnose, treat, cure, or prevent any disease. Statements and information about a particular brand have not necessarily been evaluated by the Food and Drug Administration.

Save in respect of death or personal injury caused by our negligence, fraud or negligent misrepresentation, Katie Weir/The Lean Rebalance expressly disclaims responsibility to any person or entity for any liability, loss, or damage caused or alleged to be caused directly or indirectly as a result of the use, application or interpretation of any material provided to you as the Client.

Individual results are not guaranteed and may vary. The Lean Rebalance and Katie Weir cannot and do not guarantee that you will attain a specific or particular result, and you accept the risk that results differ for everyone. The health, fitness, and nutrition success depend on an individual’s background, dedication, desire, and motivation. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.  Katie Weir/The Lean Rebalance offers no guarantee of maintenance of the results the Client has achieved from taking part in the Programme when it has ended.

Client understands that where the Programme has been deemed to have an allocated timeframe and an allocated time slot(s) for support has been allocated, Client is only entitled to that particular allocated timeframe to complete the Programme and receive support within the allocated time slot(s). Furthermore, Client is not entitled to additional/extended free of charge support if the Client stops the Programme and re-starts the Programme and the Programme then runs beyond the allocated Programme timeframe.

Client understands that if they do not attend the allocated time slot(s) to take part in coaching sessions under the Programme, Katie Weir/The Lean Rebalance is under no obligation to offer a refund for any unattended sessions. Katie Weir/The Lean Rebalance asks therefore that Client aims to keep to the scheduled appointment time. Appointments cancelled less than 48 hours before the scheduled time will be deemed a missed appointment.

Katie Weir/The Lean Rebalance reserves the right to charge Client an additional consultation fee of £80 in the event of any missed appointments, should a replacement/additional session be required to complete the Programme effectively.

Client accepts the responsibility to have a working internet/telephone connection for all telephone and video call sessions. Client agrees that the method used by Katie Weir/The Lean Rebalance to contact Client shall be at Katie Weir/The Lean Rebalance’s discretion. If Client misses or is unable to attend a consultation for the Programme, Katie Weir/The Lean Rebalance is under no obligation to offer Client a replacement consultation or refund. If Client attends a session later than the original scheduled time, Katie Weir/The Lean Rebalance shall be under no obligation to end the session any later than was the original allotted time.

Whilst Katie Weir/The Lean Rebalance tries not to change appointments, if it is absolutely necessary, Katie Weir/The Lean Rebalance reserves the right to reschedule an appointment within a 48 hour time period without liability to Client.

Client understands that Katie Weir/The Lean Rebalance is reliant on Client’s blood sample arriving at/being available at The Doctor’s Laboratory for analysis, the day after they have had a blood test. Katie Weir/The Lean Rebalance accepts no liability for any delay or issues connected to the arrival of Client’s blood sample at The Doctor’s Laboratory, or any liability resulting from such late arrival including loss of scheduled time during the Programme.

Client accepts that if the blood sample does not arrive in due time for The Doctor’s Laboratory to carry out the analysis for the Programme, Client may be required to have a retest at Client’s cost being approximately £180. 

If the delay in the arrival of the blood test means that Client misses part of the Programme because the results are not in, Katie Weir/The Lean Rebalance is under no obligation to extend the Programme or re-schedule appointments. 

Katie Weir/The Lean Rebalance agrees to keep all information and data provided to it by the Client confidential save in these following situations:

         a) it is necessary to disclose information about Client to a health professional or

         b) a law or regulation requires disclosure.

Both Client and Katie Weir/The Lean Rebalance agree not to record any consultations using any form of electronic media without obtaining the prior written permission of both Katie Weir/The Lean Rebalance and the Client.

Client understands that if a copy of their blood test is sent to them by post and/or email, Katie Weir/The Lean Rebalance is not responsible for the security or safe delivery of the blood test results once they are in transit and are no longer in Katie Weir/The Lean Rebalance’s possession.

Katie Weir/The Lean Rebalance will discuss any potential disclosures of confidential information with Client before disclosure.

The fees for the Programme are set out on the Site or will be communicated to the Client separately. Client may be offered various different payment options. Katie Weir/The Lean Rebalance reserves the right to charge interest on any late payments. 

Prices for the Programme, services or products are subject to change without notice. Katie Weir/The Lean Rebalance shall not be liable to Client or to any third-party for any modification, price change, suspension or discontinuance of the Programme, service, or products. 

Client shall not be entitled to a refund once a Programme has been purchased. Client is solely responsible for ensuring that the programme meets their needs before purchase. 

If the Client purchases a Metabolic Balance®Programme and it is not possible for Metabolic Balance® to provide the plan for Client for any reason, Katie Weir/The Lean Rebalance will refund Client the cost of the Programme purchased, less an admin fee of up to £350 for initial administration and laboratory fees within a reasonable period.

Client understands that they must begin their Programme within 8 weeks of having their blood test or the test results will be invalid. Katie Weir/The Lean Rebalance accepts no liability whatsoever for any failure on behalf of the Client to ensure that the blood test was taken in time to be valid for the Programme. If Client does not begin the Programme within 8 weeks of the date they had their blood test, Client will require a retest and an additional laboratory re-analysis fee of £180 will be payable by Client on demand.

These Terms and Conditions constitute the entire agreement and understanding between the parties regarding the Programme and governs Client’s use of the Programme, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between Client and us (including, but not limited to, any prior versions of the Terms and Conditions).

Katie Weir/The Lean Rebalance makes no warranties or guarantees as to the effectiveness or accuracy of the Programme and accepts no liability if the Programme does not meet Client’s expectations. Any testimonials, examples or photographs used on the Site are of actual previous Programmes; however, we do not warrant or guarantee that the Client will achieve the same or similar results.

Katie Weir/The Lean Rebalance does not guarantee, represent, or warrant that Client’s enrolment onto the Metabolic Balance®programme or any other product or service offered by Katie Weir/The Lean Rebalance will be uninterrupted, timely, secure or error-free.

Katie Weir/The Lean Rebalance shall not be responsible if information made available on the Site is not accurate, complete or current. The material provided on this Site and as a part of the Programme is provided for general information only and should not be relied upon or used as the sole basis for making decisions before consulting primary, more accurate, more complete or more timely sources of information. Any reliance on material on this site or the Programme is at Client’s sole risk.

Client expressly agrees that their use of, or inability to use the services (some of which are hosted on a third-party platform) included in the Programme is at Client’s sole risk.

The service and all products included in the programme are provided 'as is' and 'as available' for Client use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Katie Weir/The Lean Rebalance does not guarantee the free and uninterrupted use of the services included in the Programme including the third party hosted platform.

Client understands that Katie Weir/The Lean Rebalance will not be available during all Office Hours. In the event that Katie Weir/The Lean Rebalance is unavailable for a period of one or more Business Days, Katie Weir/The Lean Rebalance shall use reasonable efforts to notify Client of this. Katie Weir/The Lean Rebalance makes no promises or guarantees of the time within which Client’s enquiries will be answered.

Client accepts that Katie Weir/The Lean Rebalance is not a medical professional, and is not permitted to diagnose, or claim to treat medical conditions. The Programme and any information, advice or service offered to Client as a part of the Programme is not in part or in whole a substitute for professional medical advice, treatment, or assistance. 

Programmes are designed to help healthy individuals achieve a healthier lifestyle. They are recommended as health programmes only, and in no way represent medical treatment or medical advice. The Programme does not constitute a medical product or service and does not diagnose or treat any medical condition or disease.  

Client must discuss all medical conditions and current health status with their medical professional prior to beginning the Programme.

Client accepts that blood tests are for the purpose of the Programme’s nutrition plan generation only and that no medical evaluation shall be performed as a part of the Programme. Client agrees that if additional medical/nutritional tests be recommended/required by a client’s medical professional/GP/nutritionist, Katie Weir/The Lean Rebalance shall have no responsibility whatsoever about the aforementioned.

10. Data Protection

Katie Weir/The Lean Rebalance will collect and process information relating to the Client in accordance with 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) (UK GDPR), the Data Protection Act 2018 (and regulations made thereunder) or any successor legislation, and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications). (“Data Protection Legislation”)

Katie Weir/The Lean Rebalance and Client acknowledge that for the purposes of the Data Protection Legislation, Katie Weir/The Lean Rebalance is the controller and the Client is the processor.

Katie Weir/The Lean Rebalance will process the Client’s Personal Data in accordance with it’s Privacy Policy available at https://www.theleanrebalance.com

To the extent permissible by law, in no case shall Katie Weir/The Lean Rebalance, The Lean Rebalance’s directors, officers, employees, affiliates, agents, contractors, interns, The Lean Rebalance’s service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Client use of any of the service or any products procured using the service, or for any other claim related in any way to Client use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Programme or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. This clause does not in any way limit liability that cannot be legally limited, such as liability for death or personal injury caused by negligence, and fraud.

Subject to the forgoing, Katie Weir/The Lean Rebalance’s total liability to the Client shall be limited to the fees for the Programme.

Any references or links in this website, blog, e-mails, programmes, services or products to any other business or entity’s information, opinions, advice, programmes, services or products do not constitute Katie Weir/The Lean Rebalance’s endorsement or recommendation. Katie Weir/The Lean Rebalance is not responsible for the contents of any off-site web pages or third-parties linked or referenced on the Site.

The parties agree to maintain adequate insurance to cover any liability they may face under these Terms and Conditions or their use of the Programme, services or any other product supplied by Katie Weir/The Lean Rebalance.

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, the unenforceable portion shall be deemed severed from the Terms and Conditions. Such severance shall not affect the validity and enforceability of any other remaining provisions.

15. No Waivers

Failure of Katie Weir/The Lean Rebalance or Client to exercise or enforce any right or provision under these Terms and Conditions shall not be deemed a waiver of such right or provision.

Katie Weir/The Lean Rebalance reserves the right to change these Terms and Conditions.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.  Any court proceedings shall be held in the courts of England and Wales.

18. Problems and Complaints

If you have any questions or issues regarding the Programme, please contact Katie Weir/The Lean Rebalance by emailing Katie Weir at [email protected].