Terms and Conditions | Hamish Hurley

Document: Terms and Conditions of Service

Provider: Hamish Hurley Coaching & Consulting | hamishhurley.com

Version: 3.0 | Effective: 1 October 2025

Governing Law: Malta Law and European Union Regulations

TERMS AND CONDITIONS OF SERVICE

1. ACCEPTANCE OF TERMS

BINDING AGREEMENT

By engaging our health coaching services, scheduling consultations, making payments, or using our website, you (“Client”) agree to be legally bound by:

These Terms and Conditions of Service
Our Privacy Policy
Our Health and Results Disclaimer
Our Health-Related Product and Service Recommendation Disclaimer
Any signed Client Coaching Agreement & Liability Waiver

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

Acknowledgment of Understanding:

You confirm you have read and understood all referenced documents
You agree to comply with all terms and conditions
You acknowledge this is an international service agreement governed by Malta law
You confirm you are legally authorized to enter this agreement

2. SERVICE PROVIDER INFORMATION

SERVICE PROVIDER DETAILS:

Name: Hamish Hurley
Trading Name: Hamish Hurley Coaching & Consulting
Website: hamishhurley.com
Location: Malta (European Union)
Business Structure: Sole proprietor
Professional Status: NOT a licensed medical professional in any jurisdiction
Professional Liability Insurance: Maintained and in force

PROFESSIONAL QUALIFICATIONS:

BSc Human Physiology – Bachelor of Science degree in human biological systems
BPhEd Physical Education – Bachelor of Physical Education majoring in Exercise Science
Neuromuscular Therapy (NMT) – St John Method Certified
Active Release Techniques (ART)
Poliquin International Certificate Program Level 2 (PICP 2) – Advanced strength and conditioning
BioSignature Modulation – Certified practitioner in hormone optimization assessment

IMPORTANT CLARIFICATION:

These qualifications do NOT include:

Medical degree or medical licensing in any jurisdiction
Registered dietitian, licensed nutritionist, or registered nutritionist credentials
Licensed psychologist, therapist, or mental health professional status
Pharmacist or pharmaceutical professional training
Authorization to diagnose, treat, or prescribe in any jurisdiction

Contact Information:

All contact via secure form at https://hamishhurley.com/compliance/
No public phone number or direct email (spam prevention)
Response time: 48-72 business hours (Malta time zone)

3. SERVICES DESCRIPTION

HEALTH COACHING SERVICES INCLUDE:

Core Coaching Services:

Comprehensive health and lifestyle assessments using proprietary methodologies
Bespoke health program development based on individual biology and circumstances
Personalized recommendations aligned with natural life rhythms
One-to-one video coaching sessions via secure platform
Progress tracking, monitoring, and program adjustments
Educational support and resources for health optimization
Email support between sessions (within business hours)

Specific Service Components:

Nutritional guidance on food types and eating patterns (NO specific meal plans created)
Supplement recommendations for independent research and purchase
Lifestyle modification guidance (sleep, stress, movement, recovery)
Health-related product and service recommendations
Third-party service referrals (laboratory testing, other practitioners)
Accountability and implementation support
Program adjustments based on progress and feedback

WHAT WE DO NOT PROVIDE:

Medical Services (We Are NOT Medical Professionals):

Medical diagnosis of diseases, conditions, or disorders
Medical treatment, cure, or prevention of medical conditions
Medical prescriptions for medications or pharmaceutical drugs
Medical advice, medical opinions, or medical consultations
Medical procedures, medical testing, or direct medical interventions
Emergency medical services or urgent medical response
Medical supervision of intensive protocols or fasting

Other Professional Services:

Psychological therapy or mental health treatment
Licensed nutritionist or registered dietitian services
Specific meal planning or meal-by-meal prescription
Pharmacological advice or drug interaction counseling
Licensed healthcare professional services of any kind

Service Delivery Method:

Services delivered remotely via video conferencing and electronic communication
International service from Malta to clients worldwide
Coaching may be delivered while the Provider is located in Malta or while traveling internationally
Technology requirements: Reliable internet and video conferencing capability
No in-person services currently offered

4. CLIENT ELIGIBILITY AND SCREENING

ELIGIBILITY REQUIREMENTS:

Minimum Requirements:

Minimum age 18 years (OR parental consent with parent/guardian co-signing for minors)
Ability to participate in video coaching sessions
Reliable internet connection and video conferencing technology
Commitment to complete health assessments honestly and thoroughly
Agreement to seek appropriate medical care when necessary
Understanding of difference between coaching and medical care
Legal capacity to enter binding contracts

Health Status Requirements:

Clients must be in sufficient condition to safely participate in coaching
Clients with serious medical conditions must have approval from healthcare provider
Emergency medical situations require healthcare providers, not coaching services
Clients must maintain ongoing relationships with appropriate healthcare providers

SERVICE ACCEPTANCE AND PROVIDER DISCRETION:

We Reserve Right To:

Accept or decline any potential client for any lawful reason
Terminate services for non-compliance or inappropriate behavior
Require medical clearance before providing certain recommendations
Discontinue services if safety concerns arise
Refuse service to clients who cannot be effectively served

No Discrimination: No discrimination based on race, color, religion, sex, national origin, disability, age, or other protected characteristics. Service decisions based solely on ability to benefit from coaching and safe service delivery.

5. PROGRAM STRUCTURE AND DELIVERY

STANDARD PROGRAM STRUCTURE:

12-14 Week Health Coaching Program:

Phase 1: Foundation (Weeks 1-2)

Initial comprehensive health and lifestyle assessment
Review of health history, current status, goals, and challenges
Personalized program design and recommendation development
Education on health optimization principles and methodologies

Phase 2: Implementation (Weeks 3-10/12)

Regular one-to-one video coaching sessions
Progress monitoring and tracking
Program adjustments based on feedback and results
Ongoing education and skill development
Troubleshooting and problem-solving
Supplement and lifestyle recommendations

Phase 3: Transition (Weeks 11-12 or 13-14)

Progress evaluation and results review
Long-term maintenance strategy development
Transition to independent health management
Future planning and ongoing support options

Ongoing Throughout Program:

Email support between sessions (48-72 hour response time)
Access to educational materials and resources
Progress tracking tools and accountability
Program modifications as needed

SESSION SCHEDULING AND DELIVERY:

Scheduling:

Sessions scheduled by mutual agreement
Scheduled in Malta time zone (CET/CEST) with accommodation for client location
Video conferencing platform provided by Provider
Session recordings may be kept for quality assurance and continuity

Technical Requirements:

Client must have reliable high-speed internet connection
Computer/device with camera, microphone, and video conferencing software
Backup communication method recommended
Technical difficulties may require rescheduling

Attendance Expectations:

Clients expected to attend all scheduled sessions
24-hour advance notice required for cancellations/rescheduling
Late cancellations (less than 24 hours) result in forfeited session
Provider cancellations rescheduled at no charge

6. PAYMENT TERMS AND CONDITIONS

PAYMENT STRUCTURE:

Payment Method:

Bank transfer ONLY – no online payment processing or credit cards
International wire transfer to Provider’s bank account
Bank details provided via secure ProtonMail after consultation and mutual agreement

Currency and Fees:

All fees quoted and payable in Euros (EUR) unless otherwise agreed in writing
Client responsible for all banking fees: wire transfer fees, intermediary bank fees, currency conversion fees
Payment must arrive in full amount (Provider does not accept short payments due to fees)
Exchange rate fluctuations are Client’s responsibility

Payment Timing:

Full payment required before program commencement
Invoice provided for all transactions
Split payment arrangements available by special arrangement only
Payment constitutes acceptance of all terms and conditions

Program Fees:

Fees vary by program type and duration
All fees clearly stated in signed Client Coaching Agreement
Fees cover coaching services only (not third-party products, tests, or services)
No hidden fees or surprise charges

Outstanding Payments:

Late payments subject to service suspension
Collection costs for unpaid fees are Client’s responsibility
Payment plans honored according to written agreement
Failure to pay may result in service termination and legal action

7. REFUND AND CANCELLATION POLICY

14-DAY COOLING-OFF PERIOD:

EU Consumer Protection Compliance:

14-day cooling-off period from date of contract conclusion (EU Consumer Rights Directive 2011/83/EU)
Full refund available during cooling-off period MINUS:
- Pro-rated value of any sessions completed or materials delivered
- Bank transfer fees and currency conversion costs (both directions)
- Administrative processing fee: EUR €50
Must request via contact form with subject “Cooling-Off Refund Request”
Refund processed within 14 days of valid request

Non-EU International Clients:

14-day cooling-off period offered voluntarily
Same deductions apply as EU clients
Local consumer protection laws may provide additional rights

POST-COOLING-OFF PERIOD:

NO Refunds After 14-Day Period Except:

Provider Material Breach:

Provider fails to deliver agreed services without justification
Provider engages in fraud or willful misconduct
Material violation of agreement terms by Provider
Requires written notice and 30-day cure period
Refund limited to pro-rated undelivered services only

Documented Medical Emergency:

Serious medical emergency preventing Client participation
Medical documentation from licensed healthcare provider required
Refund limited to pro-rated undelivered services
Administrative fee applies: EUR €100

Provider-Initiated Cancellation:

If Provider cancels program (not due to Client breach)
Full refund of undelivered services with no deductions

NO Refunds For:

Client dissatisfaction with program or outcomes
Lack of desired results or health improvements
Client decision to discontinue for personal reasons
Client inability to implement recommendations
Client medical conditions requiring discontinuation (unless documented emergency as above)
Client failure to attend sessions or engage with program
Client breach of agreement terms

SESSION CANCELLATIONS:

Client Cancellations:

24-hour advance notice required for cancellation/rescheduling
Late cancellations (under 24 hours): Session forfeited, no refund
Emergency situations: Flexible rescheduling considered
Reasonable accommodation for genuine emergencies

Provider Cancellations:

Rescheduled at no charge
Pro-rated refund offered if rescheduling not possible
Advance notice provided when possible

8. INTELLECTUAL PROPERTY RIGHTS

PROPRIETARY CONTENT OWNERSHIP:

Provider Owns All Rights To:

All coaching methodologies, systems, and approaches
Proprietary assessment tools and questionnaires
Educational materials and resources
Program designs and frameworks
Training materials and documentation
Business processes and operational systems
Branding, logos, and business identity

Copyright Protection:

All materials protected by Malta and international copyright law
Trade secret protection for proprietary methodologies
Unauthorized use constitutes copyright infringement and breach of contract

CLIENT’S LIMITED LICENSE:

You Are Granted Limited Right To:

Access and use materials for personal health optimization only
Refer to materials for implementing your own health program
Keep copies of your personal assessments and recommendations
Use materials during and after program completion for personal use

YOU ARE STRICTLY PROHIBITED FROM:

Recording coaching sessions without explicit written consent
Reproducing, copying, or distributing any proprietary materials
Sharing materials with others (including family, friends, other coaches)
Posting materials on social media or public platforms
Using methodologies, assessments, or systems commercially
Teaching or training others using Provider’s methods
Creating derivative works based on Provider’s materials
Reverse engineering proprietary systems or assessments
Selling, licensing, or transferring materials to third parties

CONSEQUENCES OF VIOLATION:

Unauthorized use or sharing of intellectual property will result in:

Immediate program termination without refund
Legal action for copyright infringement and breach of contract
Liability for damages including Provider’s lost profits
Attorney fees, court costs, and legal expenses
Injunctive relief preventing further unauthorized use

CLIENT CONTENT AND INFORMATION:

Your Information Remains Yours:

You retain ownership of your personal health information
Your assessments and personal data belong to you
You grant limited license for us to use for service provision
Anonymized data may be used for research and improvement

Use of Client Information:

Testimonials or case studies require separate written consent
Anonymized, aggregated data may be used for statistics
No personally identifiable information used without consent
You can request removal of any shared information anytime

9. PROFESSIONAL STANDARDS AND LIMITATIONS

SCOPE OF PRACTICE:

Services Limited To:

Health coaching and education under Malta professional standards
Lifestyle and wellness guidance based on health optimization principles
Educational support and accountability
General health information and recommendations

Services Do NOT Include:

Medical diagnosis, treatment, or disease management
Medical prescriptions or pharmaceutical recommendations
Licensed healthcare professional services
Psychological therapy or mental health treatment
Services requiring medical or healthcare licensing

PROFESSIONAL BOUNDARIES:

We Maintain:

Professional coach-client relationship at all times
Clear distinction between coaching and medical care
Appropriate referrals to qualified healthcare professionals when indicated
Compliance with international coaching professional standards
Recognition of professional limitations and scope of practice

REFERRAL PRACTICES:

We Refer To Qualified Professionals When:

Medical concerns exceed coaching scope
Mental health issues require professional treatment
Symptoms suggest underlying medical conditions
Client needs diagnostic testing or medical evaluation
Specialized professional expertise required

10. CLIENT RESPONSIBILITIES AND OBLIGATIONS

HEALTH AND SAFETY RESPONSIBILITIES:

You Must:

Provide honest, complete, and accurate health information
Disclose all medications, supplements, and health conditions
Seek appropriate medical care for health concerns
Inform healthcare providers about coaching participation
Follow safety guidelines for recommended activities
Stop any recommendations causing adverse reactions immediately
Report significant health changes within 48 hours

PROGRAM PARTICIPATION:

You Agree To:

Actively engage in the coaching process
Complete assessments and assignments honestly and thoroughly
Attend scheduled sessions or provide proper notice
Implement recommendations using independent judgment
Provide regular feedback about progress and challenges
Take personal responsibility for health decisions and outcomes

COMMUNICATION EXPECTATIONS:

You Will:

Maintain professional and respectful communication
Respond timely to requests for information
Use designated communication channels appropriately
Accept response time limitations (48-72 hours for email)
Understand this is NOT an emergency service

CONFIDENTIALITY:

You Agree To:

Maintain confidentiality of proprietary methods and materials
Not share or disclose coaching methodologies
Not discuss other clients or their information
Respect intellectual property protections

11. LIABILITY LIMITATIONS AND DISCLAIMERS

MAXIMUM LIABILITY LIMITATION:

Our Total Liability Is Limited To:

The total amount you paid for services in the 12 months preceding any claim
This limitation applies to all claims of any type, whether in contract, tort, or otherwise

EXCLUDED DAMAGES – WE ARE NOT LIABLE FOR:

Indirect and Consequential Damages:

Lost profits, opportunities, or business
Loss of use, data, or goodwill
Business interruption or economic loss
Emotional distress or mental anguish
Punitive or exemplary damages

Health-Related Outcomes:

Lack of specific health improvements or results
Adverse reactions to recommendations
Decisions you make based on coaching
Outcomes of third-party products or services
Your implementation or misimplementation of recommendations

Third-Party Actions:

Actions or decisions of third-party service providers
Quality or outcomes of recommended products or services
Laboratory testing accuracy or interpretation
Healthcare provider decisions or treatments

Technology and Communication:

Technology failures or internet outages
Communication interruptions or delays
Data loss or corruption beyond our control
Video conferencing platform failures

FORCE MAJEURE:

We are not liable for service interruptions due to:

Natural disasters, epidemics, or public health emergencies
Government regulations or travel restrictions
War, terrorism, or civil unrest
Technology infrastructure failures beyond our control
Provider illness or incapacity
Any circumstances beyond reasonable control

Service Modifications During Force Majeure:

Services may be suspended, modified, or temporarily unavailable
Reasonable efforts made to provide alternative delivery methods
Program extensions offered when circumstances permit
Refunds for force majeure interruptions are at Provider’s sole discretion

12. HEALTH AND SAFETY DISCLAIMERS

CRITICAL MEDICAL DISCLAIMER:

NOT MEDICAL ADVICE OR TREATMENT:

All services are educational coaching and support ONLY
NOT medical advice, diagnosis, treatment, or cure
NOT replacement for qualified healthcare professionals
Medical advice from doctors ALWAYS supersedes coaching recommendations

MANDATORY MEDICAL CONSULTATION:

You MUST Seek Qualified Healthcare Professional Advice For:

Any symptoms, health problems, or medical concerns
Before starting, stopping, or changing medications
Before implementing significant dietary or lifestyle changes
Pregnancy, nursing, or family planning
Mental health concerns or psychological issues
Any emergency or urgent health situations

EMERGENCY DISCLAIMER:

FOR MEDICAL EMERGENCIES:

This is NOT an emergency service
Call emergency services immediately (112 in EU, 911 in US, 999 in UK)
Do NOT contact us for urgent health concerns
Do NOT delay emergency care for any reason

Communication Limitations:

Email not monitored 24/7
Response times 48-72 hours (not immediate)
No emergency response capability
Provider may be traveling internationally

INDIVIDUAL RESULTS DISCLAIMER:

NO Guarantees Of:

Specific health outcomes or improvements
Weight loss or body composition changes
Symptom improvement or resolution
Performance enhancement
Energy, sleep, or wellbeing improvements
Any particular results or benefits

Results Depend On:

Individual biology and genetics
Current health status
Compliance with recommendations
Lifestyle factors beyond program scope
Medical treatments and conditions
Many unpredictable individual factors

13. PRIVACY AND CONFIDENTIALITY

DATA PROTECTION:

Full Privacy Policy available at https://hamishhurley.com/privacy-policy/

Key Points:

GDPR and Malta Data Protection Act compliance
Health information handled as special category data
Secure storage and encrypted communication
Your comprehensive data protection rights respected
International data transfers protected by Standard Contractual Clauses

PROFESSIONAL CONFIDENTIALITY:

We Maintain:

Professional confidentiality for all client information
Secure communication and storage systems
Limited disclosure only as legally required or with consent
Appropriate data security measures

Permitted Disclosures:

As legally required by court order or regulation
To protect your vital interests in emergencies
With your explicit written consent
Anonymized data for statistics and research

14. DISPUTE RESOLUTION

GOVERNING LAW:

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

DISPUTE RESOLUTION PROCESS:

Step 1: Direct Communication (30 Days)

Written notice of dispute required via contact form https://hamishhurley.com/compliance/
Subject line: “Terms & Conditions”
Headline in Body of Text “Formal Dispute Notice”
Good faith negotiation attempt
Documented communication

Step 2: Mediation (60 Days)

Malta Mediation Centre or mutually agreed mediator
Conducted in English using Malta procedures
Costs shared equally
Settlement agreements binding

Step 3: Binding Arbitration

Malta Arbitration Centre under Malta Arbitration Act
Single arbitrator with relevant expertise
Decision final and binding
Limited appeal rights

Step 4: Court Action (Limited Circumstances)

Malta courts have jurisdiction for enforcement
Only if arbitration unavailable or for specific situations
Malta law applies
Prevailing party entitled to attorney fees

CONSUMER RIGHTS:

EU consumer protection rights remain unaffected by these terms.

15. MODIFICATIONS AND UPDATES

TERM CHANGES:

Material Changes:

30 days advance written notice to active clients
Clear explanation of changes
Continued use constitutes acceptance
Right to terminate if you disagree with changes

Minor Administrative Changes:

Effective immediately with notification
Contact information updates
Formatting or clarification improvements
Typo corrections

SERVICE EVOLUTION:

Services may be expanded or modified over time with appropriate notice and updated terms.

16. TERMINATION

CLIENT TERMINATION RIGHTS:

With Refund (Very Limited):

During 14-day cooling-off period (with deductions as specified)
For Provider material breach after notice and cure period

Without Refund:

Anytime after cooling-off period for any reason
No obligation to continue services
Payment obligations remain

PROVIDER TERMINATION RIGHTS:

Immediate Termination For:

Non-payment after 10-day written demand
Breach of confidentiality or intellectual property terms
Threatening, abusive, or inappropriate behavior
Providing false or misleading health information
Non-compliance creating safety concerns
Healthcare provider recommendation to discontinue

30-Day Notice Termination For:

Business model changes
Regulatory changes affecting service delivery
Inability to provide effective services to client
Provider discretion for appropriate reasons

POST-TERMINATION:

Continuing Obligations:

Payment obligations remain in full
Confidentiality obligations continue indefinitely
Intellectual property protections remain in effect
Liability waivers remain enforceable
Dispute resolution procedures still apply

Return of Materials:

Client personal materials returned upon request (30 days)
Proprietary materials remain Provider’s property
Electronic access terminated immediately
Client must delete all proprietary materials (14 days)

17. GENERAL PROVISIONS

ENTIRE AGREEMENT: These Terms, Privacy Policy, Health and Results Disclaimer, Product Recommendation Disclaimer, and Client Coaching Agreement constitute complete agreement and supersede all prior understandings.

AMENDMENTS: Only modified by written agreement signed by both parties. Oral modifications not binding.

SEVERABILITY: Invalid provisions do not affect remainder of agreement. Invalid provisions modified minimally to become enforceable.

WAIVER: Failure to enforce does not waive right to enforce later. Waiver of one breach does not waive future breaches.

ASSIGNMENT: Client may not assign without consent. Provider may assign to successor business entity.

NOTICES: All notices in writing via contact form at hamishhurley.com/compliance/ with appropriate subject line.

RELATIONSHIP: Independent contractor relationship only. No partnership, employment, or agency created.

HEADINGS: For convenience only, do not affect interpretation.

SURVIVAL: Provisions surviving termination: liability limitations, intellectual property, confidentiality, dispute resolution, payment obligations.

QUESTIONS OR CONCERNS

Contact us via secure contact form at hamishhurley.com/compliance

Subject Line: “Terms & Conditions”
Response Time: Within 30 days (may extend to 60 days for complex inquiries)
Extended response times may occur during international business travel

Document Control

Version: 3.0 | Effective: 1 October 2025 | Next Review: 1 October 2026

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

END OF TERMS AND CONDITIONS OF SERVICE