Terms and Conditions
Below are the terms and conditions on which I provide fitness and sports exercise and training services and nutritional advice (‘Services’). The exact Services I will provide to you will depend on what we agree and what is the result of the Health Check (see paragraph 1 below).
Before you agree that I will provide Services to you and/or carry out the Health Check, please read the terms and conditions. If you have questions concerning them please ask before entering into a contract with me.
1 Health Check
1.1 Purpose of the Health Check
Before I provide any Services I require that you and I go through a Health Check. A Health Check consists of 3 parts:
1.1.1 Your completion of a form: I ask you to complete a Pre-exercise Questionnaire (the ‘Health Check Form’). This will record details, as stated by yourself, as to your current state of health, any medical conditions you have and any medication you are taking.
1.1.2 My evaluation of various health indicators: I will carry out an evaluation of certain indicators of your health including your blood pressure, heart rate, basic metabolic rate and body mass index. I will also ask you questions concerning your diet, the type and amount of exercises you take (and have taken in the recent past) and your general lifestyle. This information will be added to the Health Check Form.
1.1.3 Development of a training and exercise programme: Based on the results of paragraphs 1.1.1 and 1.1.2 above, we will discuss the type of training and exercise programme you would like to (and can) follow, and a fitness prescription will be attached to the Health Check Form as your target.
1.2 On the completion of the Health Check
On completion of the Health Check, I will ask to you sign the Health Check Form to indicate that the information you have provided, and what we have agreed and stated in the form is recorded accurately.
1.3 Length of Health Check
The Health Check normally takes between 30 minutes to 1 hour. My fee for the Health Check will normally always be payable whether or not I will, subsequent to the Health Check be providing any Services.
1.4 Further points
Please note that after the Health Check has been carried out, I may decide that I cannot provide any Services. For example, any form of training or exercise I can offer is not suitable for you or that the form and type of training and exercise you require is not medically safe for you to undertake. In such cases, I will require that you should consult with a medical doctor (such as your GP). In such cases, before I can perform any Services I will require a report or letter from a medical doctor to indicate that you can undertake exercise and training.
2 Performance of the Services
2.1 I will normally provide you with the Services:
2.1.1 only after a Health Check is carried out; and
2.1.2 in accordance with the prescription of exercise and training as specified on the Health Check Form.
2.2 If there is a (significant) period between a Health Check and me providing the Services I may:
2.2.1 ask you to confirm in writing that the information you provided on the Health Check Form remains accurate and that nothing of significance has changed in your medical condition or lifestyle which will affect any Services I will provide; or
2.2.2 ask you to provide a letter from a medical doctor indicating you can undertake fitness and sports exercise and training; or
2.2.3 not provide any Services until you have gone through another Health Check.
2.3 I either provide my Services on the basis of individual Sessions (see paragraph 4 for explanation) or a series of Sessions. However, the best results or benefits are usually only possible if a series of Sessions are booked.
2.4 It is not possible that any particular result or outcome can be guaranteed as a result of me providing my Services but my aim is to provide you the Services:
2.4.1 by using reasonable care and skill; and
2.4.2 that comply with commonly accepted practices and standards of the Register of Exercise Professionals.
Normally the Services will be provided at my Studio. If you wish me to provide my Services at your home, this can be arranged by agreement. If the performance of the Services does take place other than at my Studio then I will normally require that you provide certain items and ensure that the studio where the Services are to be performed is ready for use and has been cleared of obstructions.
4 Length of a Session
My Services are provided in sessions normally given in 1-hour time slots (‘Session(s)’). The actual period of the performance of Services during a session will normally be approximately 50 to 55 minutes. A few minutes in the beginning and each session is required to set up, ask you any questions about your condition, any issues or problems etc and allowing you time to change etc.
5 Stopping a Session
At any time during a Session if in my opinion, I consider that:
5.1 you appear to be unwell or becoming unwell; and/or
5.2 not following my reasonable instructions (such as not following instructions intended to protect your, my or another person’s safety); and/or
5.3 you are behaving or acting unreasonably or are offensive,
then I may wish to stop a Session and not continue it.
6 Costs of Sessions and payment
My fee for a Session or a block of Sessions (where ordered by you at the same time) is set out in my leaflet ‘My Services’.
6.2 Session overruns
If at your request, and with my agreement, a Session runs longer then a Session period I will charge you for every 15 minutes that I provide you with the Services at the pro-rata rate you are paying for a Session.
6.3 Increase in Session Costs
If you book a block of Sessions then my fee will remain the same for that block of Sessions even if I increase the rate of my fees. If you book Sessions one at a time, we will be entering a separate contract at each booking. In this case, the fee for each Session will be that in force at the time of the booking.
I accept payment in cash or by bank transfer of card machine. I am not registered for VAT. Payment for each Session will be by you to me at the end of that Session. If you have booked a block of Sessions then payment will be made for all the Sessions booked at the end of the first Session.
7 Where sessions take place
All session to be taken place in the private studio at 7 The Asters Goffs Oak Herts EN76SD
8 If you are late for a Session or you cancel
8.1 If you are late
If you are late arriving at a Session then the Session will start when you arrive.
If in my reasonable opinion I consider that providing my Services will serve no practical value or will be unsafe for you in the time available remaining of the Session then I may cancel the Session. You will still be expected to pay for the Session, however.
8.2 If you cancel
If you have booked a single Session and you cancel with less than 24 hours’ notice then I expect you to pay the cost of that Session. If you cancel a Session and provide more than 24 hours’ notice when you have booked a block of Sessions, I will normally re-arrange the Session for another time. If you cancel a Session on the same day then I reserve the right to charge you for the cost of that session.
9 If I cancel
On occasion, I may have to cancel a scheduled Session. This may occur because of a number of reasons, such as that I am unwell, or a preceding session has overrun or I cannot reach the premises where we have a scheduled Session because of travel problems (traffic jams, etc). If a cancellation occurs in this situation then I will offer you another scheduled Session without further charge to you or offer you a refund of my fee for that scheduled Session.
10 Register of Exercise Professionals
I am registered with the Register of Exercise Professionals of the United Kingdom (Membership Number R0037810) (details can be found at http://www.exerciseregister.org) and aim to comply with their code of ethics (a copy of which can be downloaded from http://www.exerciseregister.org/custom/documents/CodeOfEthicalPractice.pdf).
11 Transferring booked Sessions
If you have booked (and paid for) Sessions and you would like to allow another person to use the booked Sessions I will be happy for this occur as long as the other person undertakes a Health Check (in the way outlined under paragraph 1 above).
12 Limitation on my liability to you
My liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by me. My liability for death or personal injury is also subject to certain limitations which are set in paragraph 13.
13 Limitation and exclusion of liability for personal injury and death
I will compensate you for any loss or damage you may suffer if I fail to carry out duties imposed on me by law (including if I cause your death or personal injury to you by my negligence) unless that failure is attributable to:
13.1 your own fault;
13.2 a third party unconnected with the provision of Services under this contract; or
13.3 events which I could not have foreseen or forestalled even if I had taken all reasonable care.
14 Contacting each other
If you wish to send me any notice or letter then you should send it to 7 The Asters Goffs Oak Herts EN7 6SD. If I wish to send you a letter or notice I will use the address you have given in the Health Check Form.
15 Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
If you are unhappy with the Services I provide I hope you will discuss any problems or issues with me first. In addition, or alternatively, you may wish to contact The Register of Exercise Professional of United Kingdom as they offer a mediation service which can help resolve disputes. If you wish, you may, at any time, take court proceedings. If so, you must do so within the courts of England and Wales. This contract is governed and construed by the law of England and Wales.