Personal Training Terms & Conditions
- to provision of Personal Training by Annie Deadman Ltd, a limited company registered in England under 04770329. Our registered address is 7 Priory Close, Hampton, TW12 2QA, United Kingdom. (“Us/We”); and
- where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Business”||means any business, trade, craft, or profession carried on by You or any other person/organisation;|
|“Consumer”||means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual who receives or uses services from Us consisting of one or more Personal Training sessions for the individual’s personal use and for purposes wholly or mainly outside the purposes of any Business;|
|“Data Protection Legislation”||means the Data Protection Act 1998 and the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) as amended or replaced from time to time;|
|“Personal Training”||means any individual or 2 to 1 sessions at which We provide or lead any physical exercise class, including any teaching, instruction or training and all facilities, services, equipment, and other goods and materials which we provide/use in connection with these Personal Training sessions;|
|“Our premises”||means the premises at which We hold our Personal Training sessions as detailed on our website and which may change from time to time;|
|“Price List”||means Our standard price list for Personal Training which We offer. The details of our Personal Training sessions and their prices is available from anniedeadmantraining.co.uk;|
|“Personal Training Form”||means the registration form that We send to You for You to complete when you first sign up to the Personal Training, also known as a PARQ.|
- Starting Personal Training
- If a client requires personal training sessions, they must first get in touch with Annie Deadman by emailing firstname.lastname@example.org, outlining their goals and current levels of fitness.
- They will then be assigned a personal trainer who will make contact with them to take medical and lifestyle details, all of which will help the trainer put together the training plan. This will be done over the phone or by email. Face to face meetings can be arranged, and these are at the trainer’s discretion.
- Costs and payment
- The costs are detailed on the personal training page of the website. All prices are inclusive of VAT.
- A client may buy one Personal Training session as a trial. Thereafter, a minimum of 5 sessions must be purchased (and used on a minimum once a week basis).
- Payment for 1 session or 5 sessions must be paid for in advance. Personal training will cease if payments are not prompt and kept up to date.
- Any Personal Training session paid for (but not used) can be put on hold for no longer than 3 months from the date of the last session used.
- Personal Training sessions cannot be paid for on a pay-as-you-go basis.
- Noise and parking
- The studio is in a residential area and therefore noise both inside the studio and outside when arriving / leaving the premises must be kept to a minimum, particularly in very early morning or late evening sessions.
- Parking is available in adjacent roads or in Priory Close, if spaces are not used up by neighbouring residents. Clients are asked to park as quietly as possible.
Clients are asked to be as punctual as possible. Time cannot be made up at the end of the session if the client arrives late.
Cancellation of any Personal Training sessions less than 12 hours before the diarised time of the session will normally be charged for in full. These situations are always at the discretion of the trainer. If sessions continue to be cancelled on a regular basis with little or no notice, then following all paid sessions being used We will not renew the Personal Training sessions.
In order for the client to successfully reach their goals, the client should follow the trainer’s advice regarding physical training and nutrition. Annie Deadman Training cannot be responsible for clients failing to hit targets if nutritional and training targets given by the Personal Trainer have not been adhered to.
- Fitness, Health and Safety
- You acknowledge that the Personal Training sessions will be physically strenuous and You agree that You voluntarily participate in such Personal Training sessions with full knowledge that even if We and the relevant instructor is not negligent there is a risk of personal injury or illness arising from Your participation in such a Personal Training sessions.
- Personal Training sessions may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.
- You must ensure that you are fit and well enough to participate in any Personal Training session that You attend, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.
- If You have any concerns about Your fitness or health, You should seek appropriate medical advice from a relevant professional medical or other adviser before attending a Personal Training session. We cannot and do not provide any such advice.
- You agree that when You register and when You attend any Personal Training session, that will be Your confirmation that You have no health or fitness problems which may affect your participation in any Personal Training session.
- When You renew your block of Personal Training sessions and You tell Us at that time about any medical, health or fitness issue or special need, We will discuss it with You, and inform You if We decide not to accept Your booking because of that issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue or need.
- You must tell Us:
- of any medical condition or are taking any medication which may affect Your ability to undertake any activities at a Personal Training session or to use any equipment or facilities provided by Us.
- of any circumstances affecting Your health which may be worsened by any activities at a Personal Training session; and
- if you are pregnant, and if so whether You are in the first 3 months of Your pregnancy.
- If You do not tell Us before a Personal Training session of anything referred to in sub-Clause 7.6 or 7.7 that We then discover, We will be entitled not to provide some or all of that Personal Training session and will treat any such Personal Training session (or the affected part of it/them) as cancelled by You without notice. We may also cancel any other remaining session in your block of Personal Training and in that case We will refund You for each full session of Personal Training remaining.
- You must not attend any Personal Training session when under the influence of alcohol or illegal drugs.
- You should not attempt to use any equipment until the We have instructed You in the correct use of the same.
- You may only use the equipment and facilities provided by Us in the correct manner and must not use them in any manner which is a health and safety risk either to You or to others.
We do not permit You to:
- smoke anywhere on Our premises;
- bring to Our premises or the premises of which Our premises are a part any child/ren under the age of 10 without prior agreement with the Instructor as We do not have anyone to supervise them. If You do bring any child under the age of 16 they will remain Your sole responsibility during the Personal Training session and may not be permitted to be the same room due to health and safety reasons;
- bring any animals into Our premises or the premises of which Our premises are a part with the exception of guide dogs. If You require the use of a guide dog, You should inform Us of that when You register;
- bring any crockery, glass, drink (except water) or food into any part of Our premises. Only water either in a plastic or metal bottle is permitted in Our premises.
- You must be dressed appropriately for exercise with well fitting trainers suitable for the Personal Training sessions you are attending. Loosely swinging or sharp jewellery should be removed before a Personal Training session. If You do not comply with any of these dress requirements, We may not allow You to participate in the Personal Training session.
- You must familiarise Yourself with and follow any instructions or information which We give You from time to time or on any occasion relating to any fire or other emergency situation or to other issues relating to health or safety.
- Events beyond our reasonable control
- We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.
- If any event described under sub-Clause 9.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Personal Training sessions as necessary.
- Limitation of Liability
- We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.
- We provide or sell all Personal Training session to You only for Your personal and private use/purposes. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- Each of Our instructors is appropriately qualified to conduct Personal Training sessions which they conduct but their advice does not include any medical or similar advice and is not a substitute for advice provided by an appropriate medical
- If You bring any personal belongings onto Our premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us or our staff. We will not be responsible for any loss or damage to Your personal belongings caused by any other customer, guest or visitor to Our premises. We therefore advise You not to bring any valuable belongings to Our premises.
- Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation
- Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
- the Consumer Rights Act 2015;
- the Regulations;
- the Consumer Protection Act 1987; or
- any other consumer protection legislation
- as that legislation is amended from time to time.
- For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
- Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
- How We Use Your Personal Information (Data Protection)
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your registration) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
As required by the Regulations:
- all of the information described in Clause 13; and
- any other information which We give to You about Personal Training sessions or Ourselves and Our business which You take into account when deciding to make a booking or when making any other decision about Personal Training sessions;
- will be part of the terms of Our contract with You as a Consumer.
We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience as Our customer is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Personal Training sessions or any other complaint about Us or any of Our staff, please raise the matter with Annie Deadman who can be contacted by email: email@example.com.
- No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
- Law and Jurisdiction
- These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
- As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
Annie Deadman Ltd
Updated October 2018