Terms & CONDITIONS of Use
By accessing and using this service, you the User accept and agree to be bound by the terms and provisions of this agreement. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the agreement and the above, please do not use this service.
1. INTRODUCTION
1.1 Your agreement is with your personal trainer (the “Trainer”) who delivers your training.
1.2 These Terms and Conditions form part of your agreement with the Trainer. You understand that the Trainer is self-employed and you are entering into a contract with him alone.
1.3 Your instructions to commence personal training will constitute acceptance of these Terms and Conditions when you will become a client (a “Client” or “you”). 1.4 You must be over the age of 18 to participate in training. You are asked to pay special attention to the provisions related to liability and cancellations. This does not affect your statutory rights.
2. TRAINER
Your Trainer is a fully qualified personal trainer (accredited on the Register of Exercise Professionals as at least Level 3).
3. TRAINER’S OBLIGATION
3.1 The Trainer will use his skills and knowledge to design a safe programme of exercise that will take into account your lifestyle, personal goals, fitness levels and medical history.
3.2 The Trainer will provide the coaching, supervision, advice and support that you will need to achieve your goals. Apart from the initial consultation (and the first personal training session if taken immediately afterwards) each personal training session will last 60 minutes (a “Session”).
3.3 You understand that the results of any fitness programme cannot be guaranteed. Your progress depends on your effort and co-operation in and outside of the Sessions. In particular you acknowledge that individual results may vary and no particular result is guaranteed by your Trainer.
3.4 All Client information will be kept strictly private and confidential. For full information, see ‘Privacy Policy’.
4. YOUR OBLIGATIONS
4.1 It is understood between you and your Trainer that both must commit to your training programme 100% in order for you to achieve results.
4.2 You are required to arrive on time for each Session so that the Trainer’s full training plan is achieved on each visit.
4.3 You are required to wear appropriate clothing and footwear.
4.4 You are required to complete a Physical Activity Readiness Questionnaire (a “PARQ”) before undertaking your first personal training session.
4.5 Your Trainer may require a letter of ‘medical clearance’ from your GP. Please be aware that your GP may charge for providing this letter.
4.6 You understand and agree that it is your responsibility to inform the Trainer of any conditions or changes to your health, now and on-going, which may affect your ability to exercise safely and with minimal risk of injury.
4.7 If your Trainer requires further medical information from a practitioner, you must provide such details.
4.8 You understand that there are inherent risks in participating in a programme of strenuous exercise. If you sustain or claim to sustain any injury while participating in training, you acknowledge that the Trainer is not responsible, except where the injury was caused by his gross negligence or intentional act.
4.9 Your Trainer cannot be held liable in any way for undeclared or unknown medical conditions.
5. PAYMENT
5.1 Payment for Sessions must be made prior to the Session.
5.2 Acceptable forms of payment are: by internet bank transfer, direct debit or card payment.
5.3 Block bookings of Sessions must be paid for in advance BUT Sessions do not have to be scheduled at the time of booking.
5.4 Block of 10 Sessions must be used within 3 months of purchase.
6. CANCELLATIONS & REFUNDS
6.1 24 hour’s notice of cancellation or postponement is required for all appointments.
6.2 When less than 24 hours cancellation notice is given, 50% of the full Session fee is still payable by the client and will be charged accordingly.
6.3 Unforeseen events will be taken into consideration on the day.
6.4 Once purchased, your Sessions are non-refundable and non-transferable.
7. LATENESS POLICY
7.1 If the client is late the Session cannot be extended and will end at the appointed time.
7.2 If the Trainer is late additional time will be added to the Session or to subsequent Sessions.
8. HEALTH & SAFETY
8.1 Your Trainer has £10 million public liability insurance cover and professional indemnity of up to £1 million.
8.2 If your Trainer conducts the Sessions on your premises you are responsible for providing a safe exercise environment.
9. LIABILITY
9.1 This Liability section applies only to the extent permitted by law. For the avoidance of doubt, the Trainer does not exclude or limit any liability for: (a) personal injury (including sickness and death) where such injury results from his gross negligence or wilful default, or that of his, agents or subcontractors or (b) fraudulent misrepresentation.
9.2 The Trainer does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, specifications and descriptions of listed packages and services. The Trainer will use their reasonable effort to correct errors and omissions as quickly as practicable after being notified of them.
9.3 The Trainer does not accept any liability whatsoever for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Trainers website or services purchased from the Trainer or any other damage howsoever caused.
9.4 The Trainer will only be liable for direct loss up to a maximum total of the price of the Sessions and/or services purchased by the Client in respect of any claim.
9.5 The Trainer shall not be liable for any loss or injury attributable to:
i. the Client’s fault;
ii. a third party unconnected with the provision of services provided by your Trainer; or
iii. events which your Trainer could have foreseen or forestalled, even if they had taken reasonable care.
9.6 The Trainer is not liable for loss or damage to your property.
9.7 The Trainer is not liable if you ignore his recommendation, at any time, to seek medical advice.
10. INTELLECTUAL PROPERTY
10.1 Any marketing, educational or other materials, including the Trainer’s programmes and/or any variations thereto and its nutrition services materials, made available to you will at all times remain the property of the Trainer and is subject to copyright.
10.2 You undertake to use such materials only for your own personal development and not to copy, publish or reproduce any such materials.
11. GENERAL
11.1 You understand that in the unlikely event of your Trainer being unable to continue your training then you can request a full refund from your Trainer for any unfulfilled Sessions.
11.2 The Trainer has the right to change these Terms and Conditions, for example, to be able to offer new services or as required by law. The Trainer will notify you of any change. When such a change(s) is made, if dissatisfied you can cancel this agreement once you have made any payments already due to the Trainer.
11.3 You are responsible for keeping all your contact information and marketing preferences up to date with the Trainer. In order to comply with the Data Protection Act 1998, the Trainer will only do what you ask him to do, or what you have given him permission to do with any personal or sensitive information held about you.
11.4 Your training may be filmed or pictures taken for marketing purposes. Your participation in a Session means you consent to photography, filming and sound recording which may include you as a Client and its use in commercial distribution without payment or copyright.
11.5 This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts.