Terms & Policies
Personal Training Terms & Conditions
IntroductioN
Your agreement is with your personal trainer (the “Trainer”) who delivers your training.
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/her alone.
Your instructions to commence personal training will constitute acceptance of these Terms and Conditions when you will become a client (a “Client” or “you”). You are asked to pay special attention to the provisions related to cancellations. This does not affect your statutory rights.
Trainer’s Obligations
The Trainer will use their skills and knowledge to design a safe programme of exercise that will take into account your lifestyle, personal goals, fitness levels and medical history.
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”).
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. All Client information will be kept strictly private and confidential.
Your Obligations
It is understood between you and your Trainer that both must commit to your training programme 100% in order for you to achieve results.
You are required to arrive on time for each Session so that the Trainer’s full training plan is achieved on each visit.
You are required to wear appropriate clothing and footwear.
You are required to complete a Physical Activity Readiness Questionnaire (a “PARQ”) before undertaking your first personal training session.
Your Trainer may require a letter of ‘medical clearance’ from your GP. Please be aware that your GP may charge for providing this letter.
You understand and agree that it is your responsibility to inform the Trainer of any conditions or changes to your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury.
If your Trainer requires further medical information from a practitioner, you must provide such details.
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/her gross negligence or intentional act.
Your Trainer cannot be held liable in any way for undeclared or unknown medical conditions.
Purchasing sessions
All sessions and block sessions are pre-paid with payment in full.
No training can take place until full payment has been made.
Methods of payment can be cash or bank transfer.
Receipt of purchase may be given upon request.
Cancellation and Refunds
24 hours notice of cancellation or postponement is required for all appointments. Notice of less than 24 hours will incur full payment of the full Session fee.
Once purchased, your Sessions are non-refundable and non transferable.
Lateness Policy
If the Client is late the session cannot be extended and will end at the appointed time.
If the Trainer is late additional time will be added to the Session or to subsequent Sessions.
Health and Safety
Your Trainer has completed and holds a current certificate for emergency first aid at work approved by the Health and Safety Executive.
Your Trainer has £5 million public liability insurance cover.
If your Trainer conducts the Sessions on your premises you are responsible for providing a safe exercise environment.
General
You understand that in the unlikely event of your Trainer being unable to continue your training, for any reason, you can request a full refund from your Trainer for any unfulfilled Sessions.
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.
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/her to do, or what you have given him/her permission to do with any personal or sensitive information held about you.
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.
This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts.
Phi Club Retreats Terms and Conditions
All bookings are subject to following terms which the client understands and accepts prior to booking a course and entering into a Contract with Phi Club Retreats Limited.
Definitions and interpretations:
In this Agreement, the following terms and abbreviations shall have the following meanings unless otherwise stated:
1.1. Phi Club Retreats Limited is the Services provider and is also referred to as ‘Phi Club Retreats Limited’, ‘we’, ‘us’ or ‘our’
1.2. ‘Agreement’ refers to these Terms and Conditions
1.3. ‘Client’ means the person or company who makes a Booking with Phi Club Retreats Limited as listed on the booking form
1.4. ‘Contract’ means the Contract between the Client and Phi Club Retreats whereby Phi Club Retreats provides the client with its Services
1.5. ‘Deposit’ means an amount of 50% of the total course fees as agreed by Phi Club Retreats and the Client
1.6. ‘Services’ means the services provided by Phi Club Retreats to the Client under the terms of this Contract
1.7. The headings contained in these Terms and Conditions are for reference purposes only and should not affect their interpretation and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
2. Acceptance
2.1. Upon issue of written confirmation of the booking between Phi Club Retreats and the Client, a Contract of Services is made between both parties.
2.2. All agreements on the part of either of the parties which are made up of more than one person or entity shall be deemed as jointly and severally liable.
2.3. The Contract is subject to these booking conditions which the client has acknowledged, fully read and deemed to understand. These arrangements can only be amended in written confirmation between both parties. This excludes any verbal agreements.
3. Booking, fees and payment
3.1. A Deposit of 50% must be received and cleared in Phi Club Retreat's bank account for a booking to be reserved. If the Client wishes to amend part of the programme this may occur further charges. The Client shall be deemed to have understood the Terms and Conditions once a booking has been made. Bookings can be made via telephone or email.
3.2. The balance of the course must be paid 8 weeks before the course start date unless otherwise agreed between both parties in writing. In the event the Client does not pay the balance within this time, the booking will be deemed cancelled and the course place re-advertised.
3.3. If a booking is made within 2 weeks of the course start date, the total course fees are required.
3.4. We reserve the right to decline a booking at our discretion if we so wish.
4. Cancellations
4.1. The Client may cancel this Agreement at any time. The cancellation must be received by Phi Club Retreats in writing. They will be subject to the following cancellation charges:
4.1.1. If the cancellation is received more than 5 weeks in advance, 50% of the total course fee is retained
4.1.2. If the cancellation is received more than 3 weeks in advance, 75% of the total course fee is retained
4.1.3. If the cancellation is received 2 weeks or less in advance, 100% of the total course fee is retained
4.1.4. If the Client does not attend the course there will be no refund.
4.1.5. However, every effort will be made by Phi Club Retreats to book the Client onto a course at a later date at a discounted rate.
5. Cancellations by Phi Club Retreats
5.1. Phi Club Retreats will always endeavour to ensure courses are run on the date specified. However we reserve the right to cancel bookings in certain circumstances and if this happens, the Client will be offered an alternative date.
6. Force Majeure
6.1. Both parties shall be released from their respective obligations in the event of national emergency, war, riot, Act of God, civil commotion, malicious damage, flood, storm, fire, adverse weather, failure of utility services or transport network, default of any supplier or subcontractor, industrial dispute or strike, or any other act, omission, event or accident beyond the control of Revitalise Fitness Retreat or the Client.
7. Responsibilities of the Client
7.1. Transfers to and from the course location are not included unless otherwise stated by Phi Club Retreats.
7.2. The Client is responsible for his own personal clothing, footwear, toiletries and medical items. A recommended kit list will be provided to the Client prior to the course but is not a final and exhaustive list.
7.3. The client must inform Phi Club Retreats in writing (prior to the start of the course) of any health, mental or personal issues that may affect their performance on the course, may make them unsuitable to participate in the Services or activities provided or cause medical problems, injuries or fatalities to themselves or others. Failure to disclose such information may result in Phi Club Retreats terminating the Client’s Contract on the course without refund. If Phi Club Retreats has reason to believe a Client’s health or personal safety, or that of other Clients on the course, is at risk we may terminate the Contract immediately without refund.
7.4. The Client is to fully abide by any rules or instructions byPhi Club Retreats, the Directors and contractors with regards to safety or proper practice.
7.5. The Client understands that any activity or service provided by Phi Club Retreats involves a certain level of risk and could result in injury or even fatality.
7.6. It is recommended that all Clients have personal accident and cancellation insurance prior to attending the course.
8. Services
8.1. Revitalise Fitness Retreat reserves the right to amend the content of Services it provides at any time without notice to the Client due to factors including, but not limited to, the Client’s physical fitness, the weather or qualifications and experience of the Clients and the staff employed or hired by Phi Club Retreats.
8.2. Phi Club Retreats makes every effort possible to accurately reflect its Services on our website and any related marketing materials, however, at times it may be necessary for us to amend any part of the course or Services provided.
8.3. If the Client chooses not to participate or accept any or part of the Services or activities provided by Phi Club Retreats, we are not obliged to offer any suitable alternative and the Client will not be entitled to a refund.
8.4. If the Client causes danger or damage to any person, or threatens the well-being, safety and health of any other Client, employee or property, Phi Club Retreats and any of its suppliers may at their discretion have the Client immediately removed from the property without refund. Phi Club Retreats will have no liability to the Client in such circumstances and will not be liable for any costs incurred.
9. Amendments
9.1. Phi Club Retreats reserves the right to change any price or other particulars of the Services provided to the Client. The course manager or contractor may also amend certain activities if needed.
9.2. If there is a significant change in the course content such as the course location or programme of activities, Phi Club Retreats will endeavour to notify the client forthwith although this is not an obligation. Phi Club Retreats shall seek to offer the client arrangements as close to the original as possible in the circumstances, an alternative date or a pro-rata refund based on Services amended.
9.3. It is not possible to transfer this Contract to another Client without prior written permission to Phi Club Retreats.
10. Complaints
10.1. If there is a problem during the course or with the Services provided, the client must report it in the first instance to the course manager or leader. If the problem remains unresolved then the issue should be reported immediately to Phi Club Retreats so all efforts can be made to resolve the problem efficiently. In the unlikely event that the problem still cannot be resolved and the Client wishes to make an official complaint then Phi Club Retreats must be notified in writing within 14 days after the Services have been provided. If this is not adhered to the Client will be unable to take further action against Phi Club Retreats.
11. Liability
11.1. Phi Club Retreats, nor any of its associated directors, employees or contractors, shall not be liable for the death, injury, loss or damage to the Client or the Client’s property. This does not exclude or limit liability to you for injury or death resulting from our negligence or that of our employees.
11.2. None of the exclusions and limitations in these conditions are intended to limit any rights the Client may have under statute or common law.
12. Media
12.1. Phi Club Retreats reserve the right to take any photos, recordings or testimonials of Clients during activities of Services provided. All associated rights shall be solely owned by Phi Club Retreats and may be used on its website, marketing and promotional materials.
12.2. The Client shall not produce written, taped or photographic content or commentary without prior permission in writing to Phi Club Retreats.
13. Confidentiality
13.1. The Client shall not use information gathered from Phi Club Retreats for commercial or financial use, either during or after the Services provided.
14. Copyright
14.1. Phi Club Retreats reserves all copyright in connection with Phi Club Retreats. Phi Club Retreats reserves the right to take such actions as may be deemed appropriate to prevent copyrighting.
15. Proper law and jurisdiction
15.1. This Agreement shall be governed and construed in accordance with English and Welsh law.
15.2. Any proceedings arising from this Agreement may be brought to court in English or Welsh jurisdiction. This shall not limit Phi Club Retreats to commence any proceedings in any other jurisdiction it considers appropriate.