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1.1 What do these terms cover.
These are the terms and conditions on which I supply our services to you.
References to “Services” in these terms means the training, coaching and/or related services you purchase from my which may comprise one or more of the following (as agreed in writing between us):
(a) Personal Training – one-to-one or one-to-two sessions with a trainer at specified gym, together with nutritional advice;
(c) Group Training – group training sessions with me as a trainer;
1.3 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who I am, how I will provide Services to you, how you and I may change or end the contract, what to do if there is a problem and other important information.
Information about me and how to contact us
2.1 Who am I.
I am an independent Personal Trainer in Swindon, Trading as Revolve Personal Trainer Swindon.
2.2 How to contact me.
2.3 How I may contact you.
If I have to contact you I will do so by telephone, via call or whatsapp, or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.
My contract with you
3.1 How we will accept your order.
My acceptance of your order will take place when I notify you in writing (usually by email) to tell you that I am able to provide you with the Services, at which point a contract will come into existence between you and me.
3.2 If I cannot accept your order.
If I am unable to accept your order, I will inform you of this and will not charge you for the Services. This might be because of unexpected limits on my resources which I could not reasonably plan for or because I have identified an error in the price or description of the Services or because I am unable to provide you with Services based on information you provide to us, including in respect of your health and medical background in which case I will provide an explanation to you.
Physical Activity Readiness Questionnaire (referred to as PARQ)
4.1 You confirm that you have read, understood and answered the health questionnaire honestly and in good faith.
You agree that I am entitled to refuse to provide Services to you, or cease providing Services to you, if the information provided in the health questionnaire is incomplete or inaccurate, or because the information you have provided in the health questionnaire means that it may be unsafe for us to provide Services to you.
Health and Safety Terms
5.1 You understand and agree that:
(a) any nutritional guidance provided to you is targeted at body composition and not at any medical issues or concerns you may have;
(b) the human body is complex and unpredictable and so provision of the Services carries an inherent risk of physical injury to you.
5.2 You confirm that:
(a) to the best of your knowledge, you are medically and physically able to safely participate in the Services; and
(b) you will update me throughout the Services of any changes to your health and about any medical issues that arise, including if you feel unwell and irrespective of whether you feel the issue to be minor, trivial or irrelevant. This applies to all conditions, issues and concerns whether or not you have received a medical diagnosis.
5.3 I strongly recommend that you seek and obtain the advice of a competent, qualified medical professional before you begin using the Services to identify any health or medical issues
you have that may affect your use of the Services and to make sure that the Services are appropriate to you. You agree that, subject to clause 13.2, I shall not be liable for any injury or harm you suffer as a result of your use of the Services including where you have chosen to ignore our advice and use the Services without seeking and obtaining medical advice.
5.4 Any advice that you receive from us relates to exercise and nutrition for body composition purposes and is not a substitute for advice from a medical professional.
Your rights to make changes
6.1 If you wish to make a change to the Services you have ordered please contact me. I will let you know if the change is possible. If it is possible I will let you know about any changes to the price of the Services, the timing of the Services or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
My rights to make changes
7.1 Minor changes to the services.
I may change the Services:
(a) From time to time I may need to make changes;
(b) to reflect changes in relevant laws and regulatory requirements;
(c) to implement minor adjustments and improvements; and
(d) if your medical and health situation changes to an extent that requires amendments to the Services.
Providing the Services
8.1 When I will provide Sessions.
When I confirm your order by email I will confirm the number of Sessions you have purchased (if applicable) and the dates by which those Sessions should be used. If you do not use the Sessions within the specified timeframes, I am under no obligation to provide you with alternative Sessions.
8.2 When I will provide Services other than Sessions.
Where you have purchased Services from me that do not involve Sessions, I will notify you in writing of the expiry date for the Services, if applicable. If you do not use the Services within the specified timeframes, I may agree to an extension to enable you to use the Services but I am under no obligation to do so.
8.3 For Sessions-related Services, I reserve the right to refuse to provide the service if you have not made payment.
Sessions will only be completed on the basis that you have available credit in your account to pay for the session. In the event you have set up an autopayment, I will contact you if this payment fails for any reason.
8.4 For Services other than Sessions, I may also suspend the Services if you do not pay.
If you do not pay me for the Services when you are supposed to (see clauses 12.2 and 12.3) and you still do not make payment within 7 days of us reminding you that payment is due, I may suspend the provision of the Services (including, where relevant) until you have paid me the outstanding amounts. I will contact you to tell you I am suspending the supply of the Services. I will not charge you for the Services during the period for which they are suspended.
8.5 I am not responsible for delays outside our control.
If our performance of the Services is affected by an event outside our control then I will contact you as soon as possible to let you know and I will take steps to minimise the effect of the delay. Provided we do this, and subject to section 13.2, I will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact me to end the contract and receive a refund for any Services you have paid for but not received.
8.6 Availability of facilities used as part of the Services.
We cannot guarantee that all the facilities at any specified gym are available at all times. They may be unavailable due to maintenance issues or due to equipment breakdown. Subject to clause 13.2, I do not have to pay you compensation for any service, facility or equipment being unavailable.
8.7 Reasons I may suspend the Services.
I may have to suspend the Services to:
(a) deal with problems with facilities or equipment;
(b) update the Services to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Services as requested by you or notified by me to you.
8.8 Your rights if I suspend the services.
I will contact you in advance to tell you I will be suspending the services unless the problem is urgent or an emergency.
Your rights to end the contract
9.1 For Sessions-related Services, you can always end the contract after the order has been accepted but before the Services have been paid for.
You may contact me at any time to end the contract for the Services before the first payment is due in accordance with clause 12.1, but in some circumstances I may charge you certain sums for doing so, as described in clause 10.3.
9.2 What happens if you have good reason for ending the contract.
If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and I will refund you in full for any Services which have not been provided or have not been properly provided. The relevant reasons are:
(a) I have told you about an upcoming change to the Services or these terms which you do not agree to, this does not include any minor change described in clause 7.1;
(b) I have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
(c) there is a risk the Services may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the contract because of something I have done wrong.
9.3 What happens if you cancel Sessions.
I reserve the right to charge you for any booked Session which is cancelled with 48 hours’ notice or less or which you do not cancel and fail to attend. To avoid incurring a charge, I will need written, printable proof that a booked Session was cancelled with more than 48 hours’ notice.
9.4 Failing to attend a Session.
If you fail to attend Sessions or to contact me for a period of 30 days or more, I reserve the right to re-allocate your training sessions to a different time and you may lose your preferred Session slots. You may need to wait for a certain period once I have become available to resume your Sessions.
Ny rights to end the contract
10.1 I may end the contract if you break it.
I may end the contract at any time by writing to you if:
(a) you do not make any payment to me when it is due and you still do not make payment within 7 days of us reminding you that payment is due – please see sections 12.2 and 12.3 for further information;
(b) you do not, within a reasonable time of me asking for it, provide me with information that is necessary for me to provide the Services, for example, completion of the health questionnaire; or
(c) you do not use the Services by the expiry dates notified to you in writing as explained in more detail in sections 8.1 and 8.2 above.
10.2 I may stop providing the Services.
I may write to you to let you know that I am going to stop providing the Services. I will let you know at least 14 days in advance of my stopping the Services and will refund any sums you have paid in advance for Services which will not be provided. In exceptional circumstances, at our discretion, I reserve the right to stop providing Services with immediate effect.
10.3 I may charge you an administration fee for refunding your Personal Training sessions.
If I agree due to extraordinary circumstances to cancel your sessions you will be refunded what remains on your client account less an administration charge of £30.00 GBP, or the equivalent in local currency in a gym outside of the United Kingdom. This does not supersede 9.3 above, any sessions not cancelled within 48 hours will be charged in full.
If there is a problem with the services
11.1 How to tell me about problems.
If you have any questions or complaints about the services, please contact me. You can contact me by telephoning +44 (0) 7365 234896 or by emailing me at firstname.lastname@example.org.
11.2 Nothing in these terms will affect your legal rights.
Price and payment
12.1 Where to find the price for the Services.
For Sessions related services, I will notify you in writing (usually by email) of the price payable for the Services as well as the date on which the first payment is due (the “Initial Due Date”). The price I quote to you will be valid until the Initial Due Date. If I have not received payment by the Initial Due Date, the price of the Services may change.
12.2 Where to find the due date for payment for Sessions.
When I send you the confirmation email of your package, I will also confirm the autopayment instalments frequency, where applicable. The recurring payments will be collected based on Session usage. I reserve the right to pause future training if the payment fails. I will contact you to inform you if this is the case.
12.3 Where to find the due date for payment for Services not involving sessions.
At the point of signing up with me, your first payment date is defined by the date you make payment to me. This date will become your monthly recurring payment date after your initial contract has ended. If I do not receive one or more of the payment instalments from you, I will notify you and require you to make such payment within 7 days of the date of our notification. If I do not receive payment in full and cleared funds from you of the outstanding amount within the 7 day period, I shall be entitled to cease providing Services to you and/or to end our contract with you.
I may provide discounts at our sole discretion. Any discount will be confirmed in writing to you.
12.6 What happens if I got the price wrong.
It is always possible that, despite my best efforts, some of the Services I sell may be incorrectly priced. I will normally check prices before accepting your order so that, where the Service’s correct price at your order date is less than our stated price at your order date, I will charge the lower amount. If the Service’s correct price at your order date is higher than the price stated, I will contact you for your instructions before we accept your order.
12.7 What to do if you think an incorrect payment has been taken from your account.
If you think an incorrect amount has been taken from your account by direct debit, please contact me promptly to let me know.
Our responsibility for loss or damage suffered by you
13.1 I am responsible to you for foreseeable loss and damage caused by me.
If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or my failing to use reasonable care and skill, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both I and you knew it might happen, for example, if you discussed it with me in writing during the sales process.
13.2 I do not exclude or limit in any way my liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by my negligence for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable skill and care.
13.3 I am not liable for business losses.
I only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose I will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
13.4 My other liability.
Subject to clause 13.2 and without prejudice to clause 13.3, my total liability to you for any one event or series of related events shall be limited to a sum equal to 150% of the total amount paid by you for the Services giving rise to the liability in the 12 months preceding the date on which the liability first arose.
How I may use your personal information
14.1 How we will use your personal information.
I will use the personal information you provide to me to:
(a) provide the Services;
(b) process your payment for such Services; and
(c) if you agreed to this during the order process, to inform you about similar products and services that I provide, but you may stop receiving these communications at any time by contacting us.
Other important terms
15.1 We may transfer this agreement to someone else.
I may transfer our rights and obligations under these terms to another organisation. I will contact you to let you know if I plan to do this. If you are unhappy with the transfer you may contact me to end the contract within 3 months of me telling you about it and I will refund you any payments you have made in advance for Services not provided.
15.2 Your transfer of rights.
You may only transfer your rights or your obligations under these terms to another person with our written consent.
15.3 Nobody else has any rights under this contract.
This contract is between you and me. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if I delay in enforcing this contract, I can still enforce it later.
If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things or prevent me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the services, I can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
DISCLAIMER | Results may vary | Results are based on individual circumstances | Timeframes for results are not guaranteed | Willpower is always required!
The information on this website should not be seen as a substitute for working with a qualified professional. You must consult with a medical professional before starting any new exercise / nutrition program.