2. INTELLECTUAL PROPERTY RIGHTS
2.1 Unless otherwise acknowledged by us, all proprietary and other intellectual property rights (including any copyright, trade mark, design right and database right) in this website, belong to us and are reserved.
3.1 For the avoidance of doubt you shall not, without our prior written consent, be entitled to:
- copy, adapt, store or distribute this website;
- redistribute or resell this website;
- make any attempt whatsoever to reverse compile, re-engineer, hack or crack any part of this website;
- utilise this website in a manner, which is not strictly in accordance with accepted internet usage standards and protocols.
4. LINKS TO THIS WEBSITE BY YOU
4.1 Any implied licence to access this website or its content by way of hypertext link, deep-linking, tagging or framing is explicitly revoked.
4.2 No party (including you) shall be entitled (nor shall you assist others) to set up links from any third party websites to this website, unless the said links are made directly to the home page of this website.
5. THIRD PARTY LINKS
5.1 This website contains hypertext links to third party websites. Such hypertext links are provided for reference purposes only.
5.2 We do not control or operate these websites, and shall not be responsible for their content, whatever that might be.
5.3 The inclusion of any hypertext links within this website shall not under any circumstances imply any such endorsement by us of the material on any such websites being linked too.
6.1 This website is provided “as is” and on an “as available” basis without any representations of any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 In no event shall we be liable (whether in contract or tort (including negligence or breach of statutory duty) or otherwise) for any losses or damage sustained and arising out of or in connection with use of this website including, without limitation, loss of profits, loss of data or loss of goodwill (in all these cases whether direct or indirect) nor any indirect, consequential or special loss.
6.3 We do not warrant that the functions contained in this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs
6.4 We do not seek to exclude liability for death or personal injury.
7. JURISDICTION AND CHOICE OF LAW
7.2 If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
Terms And Conditions
1.1 This statement is made by us in light of the requirements of the data protection act 1998, and our responsibilities to you as a “data controller”.
1.2 Please read this page carefully. If you do not agree with the contents of this statement, do not submit any personal data to us.
2.1 Your use of this website and your submission of any personal data to us shall constitute your consent to allow us to process your personal data in accordance with the terms of this policy.
2.2 For the purposes of this policy, “personal data” means any personal information (including sensitive personal data) that is capable of identifying you. This information may include your name, address, telephone number, fax number or e-mail address
3.1 If you have submitted your personal data, and later decide that you would like us to discontinue processing your personal data, you can choose to “opt-out”.
3.2 To opt-out, please send an electronic mail headed “opt-out” to us at email@example.com specifying the processing activities you would like us to refrain from. Upon receipt of a written opt-out, we shall discontinue processing your personal data as requested.
4.INFORMATION WHICH MAY BE COLLECTED
4.1 Personal data may be requested by us, or voluntarily forwarded by you through one of several electronic mail hypertext links or contact forms, present in the body of this website.
5. SENSITIVE PERSONAL DATA
5.1 We shall not request, collect or process any personal data of a sensitive nature from you, without first obtaining your express written consent.
6.1 In order that we can monitor and improve this website, we may gather certain information about you when you use it, including details of your domain name and IP address, operating system, browser, version, and the web site that you visited prior to our site. We may do this by way of a “cookie”.
6.2 A cookie is an element of data that our website can send to your browser, which may then store it on your system.
6.4 Most web browsers automatically accept cookies. You do not have to accept cookies, and you should read the information that came with your browser software to see how you can set up your browser to notify you when you receive a cookie.
6.5 Any disablement of the cookies function may hinder some of the website functionality, for which we shall not be responsible.
7. USE OF PERSONAL DATA
7.1 The personal data collected by us from you, may be utilised by us to:
- process agreements which have entered into with us;
- pass information about you to our agents, advisors and employees to carry out services for us;
- notify you about enhancements to our services such as: functionality changes to the website, new services and special features, and offers or competitions we think you will find interesting;
- market our products and services and those of any third parties;
- contact you by mail, telephone, email, text message, or any other reasonable method.
8. DISCLOSURE AND USE OF YOUR PERSONAL DATA BY THIRD PARTIES
8.1 We will only disclose your personal data to carefully selected third parties and organisations for marketing purpose, if you have opted-in to allow us to do so.
8.2 We may allow other people and organisations to use information we hold about you for the purpose of providing services you have asked for, or as part of the process of selling one or more of our businesses.
8.3 We may also disclose information to legal and debt recovery representatives for debt collection and debt tracing purposes.
8.4 We may also disclose personal data if required to do so by law or in the good-faith and belief that such action is necessary to:
- confirm to the edicts of the law or comply with legal process served on us;
- protect and defend our the rights or property;
- act under exigent circumstances to protect the personal safety of other users of the website or the public.
9.1 Sometimes we may need to transfer your personal data to countries which do not provide the same level of data protection as the United Kingdom. If we do need to make such a transfer, then we shall put a contract in place so as to ensure that the personal data is adequately protected.
10.1 We always take appropriate measures to safeguard the personal data we hold from unauthorised access or improper use.
10.2 We a strict internal security policy with which our employees must comply as a condition of their employment with us.
11.1 Any enquiries regarding this policy must be directed in writing for the attention of our data protection compliance officer.
11.2 Under the Data Protection Act 1998, you have the right to request details of your personal data held or processed by us.
11.3 Please send such requests in writing to the address above, marked for the attention of the data protection compliance officer. Any request must be accompanied by the statutory administration fee of £10.00.
11.4 If you believe that any information held by us is incorrect, inaccurate or incomplete, then you must write without delay to our data protection compliance officer, highlighting the corrective action to be taken. If any information is found to be incorrect, it shall be corrected promptly.
Personal Trainer Terms And conditions
- 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 them 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.
- The Trainer will use her 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.
- 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.
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 and discounted block bookings are non-refundable and non transferable.
- Sessions are valid for 180 days from date of purchase.
- 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.
- 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.