Terms & Conditions and Privacy Policy

1. Introduction

Welcome to Russell Fitness ("we", "us", "our"). These Terms and Conditions ("Terms") govern your access to and use of our website russellfitness.ie, all associated services, online platforms, social media profiles (including LinkedIn), content, and any related communications (collectively, the "Services").

Russell Fitness is a sole trader business operated by Leslie Russell, with a registered address at Coolfin, Portlaw, Co. Waterford, Ireland. Our primary activities encompass health and fitness, online fitness guidance, personal training, and online coaching.

By accessing or using any of our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of our Services immediately.

These Terms should be read in conjunction with our Privacy Policy (below), which forms an integral part of these Terms.

2. Definitions

• "Client" / "User" / "You" — any individual who accesses, uses, or engages with our Services.
• "Services" — all services provided by Russell Fitness, including but not limited to personal training, online coaching, fitness programmes, nutritional guidance, hormone support strategies, educational content, and any digital or in-person offerings.
• "Content" — all text, images, video, audio, graphics, data, and other materials published or made available through our Services.
• "Platform" — our website (russellfitness.ie), any associated online portals, and third-party platforms through which we deliver Services (including LinkedIn).
• "Membership" / "Subscription" — any recurring or time-limited access arrangement to our Services.
• "Personal Data" — any information relating to an identified or identifiable natural person, as defined under the General Data Protection Regulation (EU) 2016/679 ("GDPR").

3. Services

3.1 Nature of Services

Russell Fitness provides health and fitness coaching, personal training (in-person and online), evidence-based hormone support strategies, nutritional guidance, body transformation programmes, and educational content related to health and wellness.

3.2 General Information Only

All content, guidance, and recommendations provided through our Services are for general informational and educational purposes only. Nothing provided by Russell Fitness constitutes medical advice, diagnosis, or treatment. You should always consult a qualified medical professional before commencing any exercise programme, dietary change, or health strategy.

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

4. Eligibility

To use our Services, you must:

• Be at least 18 years of age or have parental/guardian consent.
• Have the legal capacity to enter into binding agreements.
• Provide accurate, current, and complete information as required.
• Not be prohibited from using the Services under any applicable law.

5. Memberships, Subscriptions & Programme Access

5.1 Enrolment

Where applicable, access to certain Services may require enrolment in a membership, subscription, or programme. By enrolling, you agree to the specific terms communicated at the time of purchase or registration, including duration, pricing, and scope of access.

5.2 Subscription Terms

Subscriptions may be offered on a weekly, monthly, or other periodic basis as specified at the time of purchase. Unless explicitly stated otherwise, subscriptions renew automatically at the end of each billing period. It is your responsibility to cancel before the renewal date if you do not wish to continue.

5.3 Cancellation of Subscriptions

You may cancel your subscription at any time by contacting us at info@russellfitness.ie. Cancellation will take effect at the end of the current billing period. No partial refunds will be issued for unused portions of any billing period.

5.4 Access & Restrictions

Membership and subscription access is personal to you and may not be transferred, shared, or assigned to any other person. We reserve the right to suspend or terminate access for breach of these Terms.

6. Payment, Pricing & Refund Policy

6.1 Pricing

All prices are quoted in Euro (€) unless otherwise stated and are inclusive of VAT where applicable. We reserve the right to change pricing at any time; however, changes will not affect existing confirmed bookings or active subscription periods.

6.2 Payment

Payment is due at the time of purchase or as otherwise specified. We accept payment via the methods indicated at the point of sale. You are responsible for ensuring that payment information provided is accurate and that sufficient funds are available.

6.3 No Refund Policy

All sales are final. Russell Fitness operates a strict no-refund policy. Due to the nature of our Services (digital content, personalised programmes, and coaching), refunds are not provided once a service has been purchased, accessed, or commenced. This includes but is not limited to:

• Personal training sessions (whether attended or not)
• Online coaching programmes
• Digital content and educational materials
• Membership and subscription fees (including unused portions)
• Any pre-paid packages or bundles

This policy does not affect your statutory rights under Irish and EU consumer protection law. If you believe you have a valid statutory claim, please contact us.

6.4 Missed Sessions

Missed sessions, whether for personal training or scheduled online consultations, are non-refundable and non-transferable unless otherwise agreed in writing. We may, at our sole discretion, offer rescheduling subject to availability.

7. User Conduct

When using our Services, you agree to:

• Use the Services only for lawful purposes and in accordance with these Terms.
• Provide truthful, accurate, and complete information about yourself and your health status.
• Not reproduce, distribute, modify, or create derivative works from our Content without prior written consent.
• Not attempt to gain unauthorised access to any part of our Services or systems.
• Not use the Services to harass, abuse, or harm any person.
• Comply with all applicable local, national, and international laws and regulations.

8. Intellectual Property

All Content, materials, branding, logos, graphics, text, software, and other intellectual property associated with Russell Fitness and our Services are owned by or licensed to Russell Fitness and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use our Content solely for your personal, non-commercial use in connection with the Services. You may not copy, reproduce, distribute, sell, or otherwise exploit any Content without our express written permission.

9. Limitation of Liability

9.1 General Limitation

To the fullest extent permitted by applicable law, Russell Fitness, its owner Leslie Russell, and any associated agents, employees, or contractors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to:

• Your use of, or inability to use, our Services.
• Any injury, illness, or adverse health outcome resulting from exercise, dietary changes, or any guidance provided through our Services.
• Any errors, omissions, or inaccuracies in our Content.
• Any unauthorised access to or alteration of your data or transmissions.
• Any third-party conduct or content on or through our Services.
• Any loss of data, profit, revenue, or business opportunity.

9.2 No Guarantees

Russell Fitness does not guarantee any specific results from the use of our Services. Individual results vary based on numerous factors including but not limited to personal effort, adherence to programmes, existing health conditions, genetics, and lifestyle factors. Any testimonials or examples of results are illustrative and not guaranteed.

9.3 Maximum Liability

In any event, our total aggregate liability to you for all claims arising out of or relating to these Terms or our Services shall not exceed the amount paid by you to Russell Fitness in the twelve (12) months preceding the claim.

10. Health & Fitness Disclaimer

Important: The Services provided by Russell Fitness are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

By using our Services, you acknowledge and agree that:

• Physical exercise carries inherent risks, including the risk of injury or death.
• You participate in all exercises and follow all guidance at your own risk.
• You are responsible for assessing your own fitness level and medical suitability before commencing any programme.
• You will notify Russell Fitness of any pre-existing medical conditions, injuries, or health concerns that may affect your ability to participate.
• Information regarding hormone support strategies is educational in nature and does not constitute medical advice or treatment.
• Russell Fitness is not liable for any injury, loss, or damage sustained as a result of following any guidance, programme, or recommendation.

11. Indemnification

You agree to indemnify, defend, and hold harmless Russell Fitness, its owner Leslie Russell, and any associated agents, employees, or contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Services.
• Your breach of these Terms.
• Your violation of any third-party right, including intellectual property rights.
• Any claim that your use of the Services caused damage to a third party.

12. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property, limitation of liability, indemnification, and dispute resolution.

13. Privacy Policy

Russell Fitness ("we", "us", "our") is committed to protecting your privacy and personal data in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the Data Protection Acts 1988–2018 (Ireland), the ePrivacy Directive 2002/58/EC, and all applicable Irish and EU data protection legislation.

This Privacy Policy explains how we collect, use, store, and protect your personal data when you interact with our website, services, social media profiles, and any related communications.

Data Controller

Russell Fitness
Owner: Leslie Russell
Address: Coolfin, Portlaw, Co. Waterford, Ireland
Email: info@russellfitness.ie
Phone: 086 087 8741

14. Data We Collect

We may collect and process the following categories of personal data:

14.1 Information You Provide Directly

• Identity Data: Name, date of birth, gender.
• Contact Data: Email address, phone number, postal address.
• Health Data: Information about your health, fitness level, medical conditions, injuries, medications, and goals (provided voluntarily for service delivery). This constitutes special category data under GDPR Article 9.
• Financial Data: Payment card details, billing address (processed securely by third-party payment processors; we do not store full card details).
• Communication Data: Messages, enquiries, and correspondence sent via our website, email, LinkedIn, or other platforms.
• Profile Data: Username, account preferences, training history, and programme data where applicable.

14.2 Information Collected Automatically

• Technical Data: IP address, browser type, device information, operating system, screen resolution.
• Usage Data: Pages visited, time spent on pages, referral source, click patterns, and navigation paths.
• Cookie Data: See Section 20 (Cookies) below.

14.3 Information from Third Parties

• Data received from LinkedIn or other social media platforms when you interact with us through those services, subject to the relevant platform's own privacy policies.
• Data from payment processors to confirm transactions.

15. Legal Basis for Processing

Under GDPR Article 6, we process your personal data on the following lawful bases:

• Consent (Article 6(1)(a)): Where you have given clear, informed consent for specific processing activities (e.g., marketing communications, newsletter subscription, web form submissions). You may withdraw consent at any time.
• Contractual Necessity (Article 6(1)(b)): Where processing is necessary for the performance of a contract with you (e.g., delivering coaching services, processing payments, managing subscriptions).
• Legitimate Interests (Article 6(1)(f)): Where processing is necessary for our legitimate business interests, provided these are not overridden by your rights and freedoms (e.g., improving our services, business analytics, fraud prevention).
• Legal Obligation (Article 6(1)(c)): Where processing is necessary to comply with a legal obligation (e.g., tax and accounting requirements).

For special category data (health data), we rely on your explicit consent (Article 9(2)(a)) before processing. You will be asked to provide this consent separately when providing health-related information.

16. How We Use Your Data

We use your personal data for the following purposes:

• To provide, deliver, and manage our Services.
• To create and manage your account, membership, or subscription.
• To communicate with you regarding your enquiries, bookings, and services.
• To personalise and improve your experience of our Services.
• To process payments and maintain financial records.
• To send you marketing communications where you have opted in (you may unsubscribe at any time).
• To comply with legal and regulatory obligations.
• To protect the security and integrity of our website and Services.
• To conduct business analytics and improve our offerings.

17. Data Sharing & Third Parties

We do not sell, rent, or trade your personal data. We may share your data only in the following limited circumstances:

• Service Providers: Trusted third-party providers who assist in delivering our Services (e.g., payment processors, email marketing platforms, website hosting providers). All such providers are bound by data processing agreements in accordance with GDPR Article 28.
• Legal Requirements: Where disclosure is required by law, regulation, court order, or governmental authority.
• Protection of Rights: Where necessary to protect the rights, property, or safety of Russell Fitness, our users, or the public.
• Business Transfers: In the event of a merger, acquisition, or sale of business assets, your data may be transferred as part of the transaction, subject to continued GDPR compliance.

18. Data Retention

We retain personal data only for as long as necessary to fulfil the purposes for which it was collected, or as required by law. Our general retention periods are:

• Client records and service data: For the duration of the client relationship and up to 7 years thereafter (in line with Irish tax and accounting obligations).
• Marketing consent records: For as long as consent remains active, plus 1 year after withdrawal for compliance evidence.
• Website analytics data: Up to 26 months (or as configured in the analytics platform).
• Communication records: Up to 3 years after the last communication, unless a longer period is required for legal reasons.

When personal data is no longer required, it will be securely deleted or anonymised.

19. Your Rights Under GDPR

As a data subject under GDPR, you have the following rights. You may exercise any of these rights by contacting us at info@russellfitness.ie:

• Right of Access (Article 15): You have the right to request a copy of the personal data we hold about you.
• Right to Rectification (Article 16): You have the right to request correction of inaccurate or incomplete personal data.
• Right to Erasure (Article 17): You have the right to request deletion of your personal data in certain circumstances ("right to be forgotten").
• Right to Restriction of Processing (Article 18): You have the right to request restriction of processing of your personal data in certain circumstances.
• Right to Data Portability (Article 20): You have the right to receive your personal data in a structured, commonly used, machine-readable format.
• Right to Object (Article 21): You have the right to object to processing based on legitimate interests or for direct marketing purposes.
• Right to Withdraw Consent: Where processing is based on consent, you may withdraw consent at any time without affecting the lawfulness of processing carried out before withdrawal.
• Right to Lodge a Complaint: You have the right to lodge a complaint with the Data Protection Commission (DPC), Ireland's supervisory authority: www.dataprotection.ie.

We will respond to all valid requests within 30 days of receipt, in accordance with GDPR requirements. We may request proof of identity before processing your request.

20. Cookies & Tracking Technologies

20.1 What Are Cookies

Cookies are small text files stored on your device when you visit a website. They serve various purposes, including enabling website functionality and collecting usage data.

20.2 Cookies We Use

• Essential Cookies: Required for the website to function correctly (e.g., session management, cookie consent preferences). These do not require consent under the ePrivacy Directive.
• Analytics Cookies: Used to understand how visitors interact with our website (e.g., Google Analytics). These are only set with your consent.

20.3 Managing Cookies

You can manage your cookie preferences through the cookie consent banner displayed on your first visit. You may also control cookies through your browser settings. Please note that disabling essential cookies may impair website functionality.

20.4 Third-Party Cookies

Third-party services embedded in our website (e.g., LinkedIn, analytics tools) may set their own cookies. These are governed by the respective third party's own cookie and privacy policies. We encourage you to review those policies.

21. Third-Party Links & Platforms

Our website and communications may contain links to third-party websites and platforms, including LinkedIn. We are not responsible for the privacy practices, content, or terms of any third-party sites. We encourage you to review the privacy policies of any third-party sites you visit.

When you interact with us through third-party platforms (e.g., LinkedIn), your interactions are also subject to that platform's terms and privacy policy.

22. Children's Privacy

Our Services are not directed at individuals under the age of 16 (or the applicable age of digital consent in your jurisdiction). We do not knowingly collect personal data from children. If we become aware that we have inadvertently collected personal data from a child without appropriate consent, we will take steps to delete that data promptly.

23. International Data Transfers

Where your personal data is transferred outside the European Economic Area (EEA), we ensure that adequate safeguards are in place in accordance with GDPR Chapter V, including:

• Transfers to countries with an EU adequacy decision.
• Use of Standard Contractual Clauses (SCCs) approved by the European Commission.
• Other appropriate safeguards as recognised under GDPR.

24. Changes to These Terms & Privacy Policy

We reserve the right to update or modify these Terms and Privacy Policy at any time. Changes will be posted on this page with an updated "Last updated" date. Material changes will be communicated via email or a prominent notice on our website.

Your continued use of our Services after any changes constitutes acceptance of the revised Terms and Privacy Policy. We encourage you to review this page periodically.

25. Governing Law & Jurisdiction

These Terms and Privacy Policy shall be governed by and construed in accordance with the laws of Ireland and the applicable laws of the European Union. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ireland.

Nothing in these Terms shall affect your statutory rights as a consumer under Irish and EU law.

26. Contact Us

If you have any questions, concerns, or requests regarding these Terms and Conditions or our Privacy Policy, or if you wish to exercise any of your data protection rights, please contact us:

Russell Fitness
Leslie Russell
Coolfin, Portlaw, Co. Waterford, Ireland
Email: info@russellfitness.ie
Phone: 086 087 8741
LinkedIn: linkedin.com/in/leslierussell-fitness

For data protection complaints, you may also contact the Data Protection Commission (DPC):

Data Protection Commission
21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland
Website: www.dataprotection.ie
Phone: +353 (0)1 765 0100 / 1800 437 737