Terms & Conditions

TERMS AND CONDITIONS OF SERVICE

Effective Date: 12 September 2025
Last Updated: 12 September 2025

1. ACCEPTANCE OF TERMS

By engaging our health coaching services, scheduling consultations, or making payments, you (“Client”) agree to be bound by these Terms and Conditions and all referenced policies.

These terms constitute a legally binding agreement between you and Hamish Hurley.

2. SERVICE PROVIDER INFORMATION

Service Provider: Hamish Hurley
Location: Malta
Business Structure: Self-employed practitioner
Professional Qualifications:

• BSc Human Physiology
• BPhEd Physical Education
• St John Method Certified Neuromuscular Therapist
• Active Release Techniques Practitioner
• Poliquin International Coaching Program Level 2 and BioSignature Modification Practioner
  Professional Status: NOT a licensed medical professional

3. SERVICES DESCRIPTION

Health Coaching Services Include:

• Bespoke health program development based on individual biology
• Integration of natural life rhythms into personalized recommendations
• Comprehensive lifestyle and health assessments
• One-to-one coaching sessions via video conferencing
• Progress tracking and program adjustments
• Supplement recommendations (educational purposes only)
• Proprietary health optimization methodologies

What We Do NOT Provide:

• Medical diagnosis, treatment, or cure of diseases
• Medical prescriptions or pharmaceutical recommendations
• Emergency medical services
• Licensed healthcare professional services
• Psychological therapy or mental health treatment

4. CLIENT ELIGIBILITY AND SCREENING

Eligibility Requirements:

• Minimum age 18 years (parental consent required for minors)
• Ability to participate in video coaching sessions
• Commitment to complete health assessments honestly
• Agreement to seek medical care when appropriate

Service Acceptance:

• All clients subject to initial consultation and mutual agreement
• We reserve absolute right to decline or terminate services
• Services may be discontinued for non-compliance or inappropriate behavior
• No discrimination based on protected characteristics

5. PROGRAM STRUCTURE AND DELIVERY

Standard 12-Week Program:

• Initial comprehensive health and lifestyle assessment
• Personalized program design and implementation
• Regular one-to-one video coaching sessions (frequency determined by program)
• Ongoing progress monitoring and adjustments
• Educational materials and resources
• Supplement recommendations (purchase independently)

Session Scheduling:

• Sessions scheduled by mutual agreement
• Video conferencing platform provided
• Session recordings may be kept for quality and continuity purposes
• Technical difficulties: reasonable efforts made to reschedule

6. PAYMENT TERMS AND CONDITIONS

Payment Structure:

• Method: Bank transfer only (no online payment processing)
• Timing: Full payment required before program commencement
• Split Payments: Available by special arrangement only
• Currency: EUR (or agreed alternative)
• Invoicing: Formal invoice provided for all transactions

Payment Security:

• Bank details provided only after consultation and mutual service agreement
• Secure communication channels used for financial information
• No storage of banking information beyond necessary processing period

7. REFUND AND CANCELLATION POLICY

7-Day Cooling-Off Period:

• Available from date of payment (EU consumer protection compliance)
• Full refund minus any materials delivered or sessions completed
• Must be requested in writing via email
• Bank transfer fees deducted from refund amount

Post-Cooling-Off Period:

• No refunds available after 7-day cooling-off period
• Program fees are non-refundable once services commence
• Exceptional circumstances considered on case-by-case basis

Session Cancellations:

• Client Cancellations: 24-hour notice required
• Late Cancellations: Session fees forfeited
• Provider Cancellations: Rescheduled at no charge or pro-rata refund offered
• Emergency Situations: Flexible rescheduling available

8. INTELLECTUAL PROPERTY RIGHTS

Proprietary Content:

• All methodologies, assessments, and materials are proprietary and copyrighted
• Client granted limited, personal-use license only
• No reproduction, distribution, or commercial use permitted
• Materials remain property of Hamish Hurley

Client Content:

• Health assessments and personal information remain client property
• Limited license granted for service provision purposes
• Anonymized data may be used for research and service improvement
• Explicit consent required for testimonials or case studies

9. PROFESSIONAL STANDARDS AND LIMITATIONS

Scope of Practice:

• Services limited to health coaching and education
• No medical diagnosis, treatment, or prescriptions provided
• Referrals to qualified healthcare professionals when appropriate
• Compliance with international coaching professional standards

Professional Boundaries:

• Professional coach-client relationship maintained at all times
• Personal relationships outside coaching context discouraged
• Confidentiality maintained per professional standards
• Appropriate professional conduct expected from both parties

10. CLIENT RESPONSIBILITIES AND OBLIGATIONS

Health and Safety:

• Honest disclosure of health conditions and medications
• Seeking appropriate medical care for health concerns
• Following safety guidelines for any recommended activities
• Informing healthcare providers about coaching participation

Program Participation:

• Active engagement in coaching process
• Completion of assessments and assignments
• Attendance at scheduled sessions or appropriate notice
• Respect for intellectual property and confidentiality

Communication:

• Professional and respectful communication maintained
• Timely response to requests for information
• Use of designated communication channels only

11. LIABILITY LIMITATIONS AND DISCLAIMERS

Maximum Liability:

Our total liability is limited to the amount paid for services in the 12 months preceding any claim.

Excluded Damages:

We are not liable for:

• Indirect, consequential, or punitive damages
• Lost profits, opportunities, or business
• Third-party actions or decisions
• Technology failures or communication interruptions
• Health outcomes or lack of specific results
• Decisions made based on recommendations

Force Majeure:

Services may be suspended for circumstances beyond reasonable control including natural disasters, government actions, or technology failures.

12. HEALTH AND SAFETY DISCLAIMERS

Medical Disclaimer:

• NOT MEDICAL ADVICE: All services are educational and coaching support only
• MEDICAL CONSULTATION REQUIRED: Seek qualified healthcare professional advice for medical concerns
• INDIVIDUAL RESULTS: No guarantee of specific health outcomes
• SUPPLEMENT SAFETY: Independent research and medical consultation recommended

Risk Acknowledgment:

Client acknowledges understanding that:

• Health coaching involves personal lifestyle changes
• Individual responses to recommendations vary
• Some recommendations may not be suitable for all individuals
• Professional medical advice supersedes coaching recommendations

13. PRIVACY AND CONFIDENTIALITY

Data Protection:

• Full Privacy Policy available [link to privacy policy]
• GDPR and Malta Data Protection Act compliance
• Health information handled with special care
• Client rights respected and protected

Confidentiality:

• Professional confidentiality maintained for all client information
• Limited disclosure only as legally required or with explicit consent
• Secure communication and storage systems used
• Staff and contractors bound by confidentiality agreements

14. DISPUTE RESOLUTION

Governing Law:

These terms are governed by the laws of Malta and European Union regulations where applicable.

Dispute Resolution Process:

1. Direct Communication: Initial attempt to resolve through direct discussion
2. Mediation: Structured mediation through agreed neutral party
3. Arbitration: Binding arbitration under Malta arbitration rules
4. Legal Action: Malta courts have exclusive jurisdiction

Consumer Rights:

EU consumer protection rights remain unaffected by these terms.

15. MODIFICATIONS AND UPDATES

Term Changes:

• Material changes communicated with 30 days advance notice
• Minor administrative changes effective immediately
• Continued service use constitutes acceptance
• Previous versions available upon request

Service Evolution:

• Services may be expanded or modified over time
• Additional terms may apply to new services
• Core client protections maintained through changes

16. TERMINATION

Client Termination Rights:

• 7-day cooling-off period as described above
• Termination for cause with appropriate notice
• Right to discontinue services at any time (fees non-refundable)

Provider Termination Rights:

• Termination for non-payment or breach of terms
• Termination for client safety or professional concerns
• Termination for inappropriate behavior or non-compliance
• Reasonable notice provided where possible

Post-Termination:

• Client materials returned upon request
• Confidentiality obligations continue indefinitely
• Outstanding fees remain payable
• Data retention per Privacy Policy

17. GENERAL PROVISIONS

Severability:

Invalid provisions do not affect remainder of agreement.

Entire Agreement:

These terms, Privacy Policy, Health and Results Disclaimer, and signed Client Agreement & Liability Waiver constitute complete agreement.

Assignment:

Rights and obligations may not be assigned without written consent.

Waiver:

Failure to enforce provisions does not constitute waiver of rights.

Questions or Concerns About These Terms & Conditions

Contact us via our secure contact form by clicking here and selecting subject line “Terms & Conditions”.
Response time: Within 30 days as required by GDPR (may extend to 60 days for complex requests). Extended response times may occur during business travel or closures.

Last Review Date: 12 September 2025
Next Scheduled Review: 12 September 2026

These terms comply with Malta commercial law, EU consumer protection regulations, and international coaching professional standards.