PLEASE PAY CAREFUL ATTENTION TO THIS DOCUMENT AS IT SETS OUT THE TERMS AND CONDITIONS OF ANY BOOKING/MEMBERSHIP BETWEEN FEELGOODFITNESS AND YOU (“THE CLIENT”)

Feelgoodfitness Personal Training & Group Exercise Terms & Conditions

1. Introduction

Your agreement is with your personal trainer (the “Trainer”) who delivers your group exercise class(es) (a “Class(es)”) or personal training session (a “PT Session(s)”).

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 her alone.

Receipt of your payment 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 liability and cancellations.  This does not affect your statutory rights.

2. Trainer

Your Trainer is a fully qualified personal trainer (accredited on the CIMSPA Register of Exercise Professionals) and holds the relevant qualifications to teach. Your Trainer also holds relevant valid insurance. Both qualifications and insurance certificate are available to see, if required.  

3. Trainer’s Obligations
4. a)    The Trainer will use her skills and knowledge to instruct a Class in a safe manner, taking into account any general adaptions or regressions understood to be necessary following receipt of the Client’s completed and signed PARQ.
5. b) The Trainer will use her skills and knowledge to programme a PT Session in a safe manner, taking into account any general adaptions or regressions understood to be necessary following receipt of the Client’s completed and signed PARQ.
6. c) The duration of a Class will be clearly stated at the time of booking via the electronic system (“Bookwhen”). The duration of a PT Session will be clearly indicated at the time of initial booking but, in any event, will be approximately 30 minutes or approximately 50 minutes in length or a specific length of time reached by mutual agreement.

1. d)    The Trainer will be providing coaching, supervision, advice and support needed to help you achieve your goals. You understand that the results of any fitness programme cannot be guaranteed. Your personal progress depends on your personal effort and co-operation in and outside of the Classes and Sessions.  In particular, you acknowledge that individual results may vary and no particular result is guaranteed by your Trainer.
2. e)   All Client information will be kept strictly private and confidential.

4. Your Obligations
5. a) You are required to complete a Physical Activity Readiness Questionnaire (a “PARQ”) before attending any Classes or PT Sessions.
6. b) Your Trainer may require further written confirmation that you are fit and able to exercise. This may take the form of a more in depth discussion between you and your Trainer, and additional signatures or a letter of ‘medical clearance’ from your GP. Please be aware that your GP may charge for providing this letter.
7. c) You understand and agree that it is your responsibility to inform your Trainer of any conditions or changes to your health, now and on-going, which may affect your ability to exercise safely and with minimal risk of injury. It may be necessary to complete a new PARQ prior to recommencing Classes or Sessions. If your Trainer requires further medical information from a practitioner, you must provide such details.
8. d) 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.
9. e) Your Trainer cannot be held liable in any way for undeclared or unknown medical conditions.
10. f) You are required to wear appropriate clothing and footwear to each Class/PT Session.
11. g) You are required to bring any necessary personal medication with you to a Class/PT Session. For example, your asthma inhaler, your epi pen (this list is not exhaustive).
12. h) You understand that if you are late to a Class, you may not be able to participate as you will have missed the relevant warm up routine. You understand that if you are late to a PT Session, the Session end time is not affected (as this may affect the next client booked in).
13. Payment
14. a) Payment for Classes and PT Sessions must be made at the time of booking.
15. b) Acceptable forms of payment are: via the electronic Class and PT booking system Bookwhen (“Bookwhen”), via internet bank transfer or cash paid directly to the Trainer.
16. c) Bookwhen clearly displays the cost for single Classes, Class passes or Class membership options. Bookwhen clearly displays the expiry/use by information for the relevant Class payments. It is your responsibility to familiarise yourself with these prior to payment.
17. d) Proceeding to payment indicates your awareness and agreement to the information displayed on Bookwhen.
18. e) Bookwhen clearly displays PT Session Membership options. Bookwhen clearly displays the expiry/use by information. It is your responsibility to familiarise yourself with these prior to payment.  Proceeding to payment indicates your awareness and agreement to the information displayed on Bookwhen.
19. f) It may be necessary to update payment options periodically. Any changes will also be communicated by your Trainer/Feelgoodfitness electronically/verbally. It is your responsibility to ensure you are fully aware of any changes that may affect you.
20. Cancellation and Refunds
21. a) Memberships
22. i) Bookwhen clearly states the Cancellation, Notice Period and Refunds policy. This may well be updated periodically as necessary. This will be communicated to you either verbally or via electronic means.
23. ii) All Membership options have a cancellation period of 30 days notice (“Notice Period”). This Notice Period is 30 days from receiving your verbal or written instruction.
24. ii) There are no partial refunds for Memberships.
25. b) Class(es)
26. i) Bookwhen clearly states the Cancellation, Notice Period and Refunds policy. This may well be updated periodically as necessary. This will be communicated to you either verbally or via electronic means.
27. ii) The Class cancellation and transfer policies are clearly stated on Bookwhen. You also receive this information via the Class Booking Confirmation email.
28. c) PT Sessions
29. i) Bookwhen clearly states the Cancellation, Notice Period and Refunds policy. This may well be updated periodically as necessary. This will be communicated to you either verbally or via electronic means.
30. ii) All PT Membership options have a cancellation period of 30 days notice (“Notice Period”). This Notice Period is 30 days from receiving your verbal or written instruction.

iii) Notice of less than 24 hours notice will mean the PT Session is non-refundable and non-transferable

1. d) Unforeseen events will be taken into consideration on the day.
2. Lateness Policy
3. a) If the client is late to a Class, they may well be asked not to participate as they will have missed the relevant group warm up to ensure safe exercising.
4. b) If the client is late to a PT Session, it cannot be extended and will end at the appointed time.
5. c) If the Trainer is late additional time will be added to the PT Session or to subsequent PT Sessions – as agreed mutually between the Trainer and Client at the time.
6. Health and Safety
7. a) Your Trainer has completed and holds a current certificate for emergency first aid at work approved by the Health and Safety Executive.
8. b)   Your Trainer has the relevant public liability insurance cover.
9. c)    If your Trainer conducts the Sessions on your premises you are responsible for providing a safe exercise environment.
10. Liability
11. a) This Liability section applies only to the extent permitted by law. For the avoidance of doubt, the Trainer does not exclude or limit any liability for: (a) personal injury (including sickness and death) where such injury results from his/her gross negligence or wilful default, or that of his/her, agents or subcontractors or (b) fraudulent misrepresentation.
12. b)   The Trainer and/or Feelgoodfitness (the “Company”) does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, specifications and descriptions of listed packages and services. The Trainer and/or the Company will use their reasonable effort to correct errors and omissions as quickly as practicable after being notified of them.
13. c) The Trainer and the Company do not accept any liability whatsoever for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Company’s website or services purchased from the Trainer and/or the Company or any other damage howsoever caused.
14. d) The Trainer and/or the Company will only be liable for direct loss up to a maximum total of the price of the current/ongoing services purchased by the Client in respect of any claim.
15. e) The Trainer shall not be liable for any loss or injury attributable to:
16. the Client’s fault;
17. a third party unconnected with the provision of services provided by your Trainer; or

iii.        events which your Trainer, nor his/her suppliers or agents could have foreseen or forestalled, even if they had taken reasonable care.

1. f) The Trainer is not liable for loss or damage to your property.
2. g) The Trainer is not liable if you ignore his/her recommendation, at any time, to seek medical advice.
3. Third Party Premises

When utilising Third Party Premises/Venues or public spaces (ie. footpaths, highways, public green space), the Trainer/Feelgoodfitness it is not responsible for their condition or upkeep or any loss or injury as a result of their use.

11. Intellectual Property
12. a) Any marketing, educational or other materials, including the Company’s programmes and/or any variations thereto and its nutrition services materials, made available to you will at all times remain the property of the Company and is subject to copyright.
13. b) You undertake to use such materials only for your own personal development and not to copy, publish or reproduce any such materials.
14. General
15. a)    You understand that in the unlikely event of your Trainer being unable to continue your training, for any reason, a refund will be offered for any unfulfilled Classes or PT Sessions.
16. b)   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 necessary changes. 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.
17. c)   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.
18. d)   Your training may be filmed or pictures taken for marketing purposes. Your participation in Classes/PT Sessions 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.
19. e)     This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts.

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Feelgoodfitness and the Client agree to the following terms:

1. Feelgoodfitness requires that any new Clients complete an electronic Physical Activity Questionnaire prior to attending any classes or personal training session. If any answers to the Questionnaire result in seeking a medical professional, then the Client will do this prior to attending any group exercise classes or personal training sessions. A further Questionnaire will need to be completed whenever there is a change of circumstances for example, major illness, injury or prolonged absence. Feelgoodfitness strongly recommends that the Client seek the advice of an appropriate medical professional before undertaking any physical training.
2. The Client will conduct themselves with care and consideration for themselves and others around them during any group exercise classes or personal training. Any reckless or inconsiderate behaviour will result in being asked to leave the class/session – no refund will be given.
3. When the Client enters into a group exercise class Membership agreement, the Client will pay Feelgoodfitness for the group exercise classes monthly in advance at the current rates advertised on this website.
4. In return, the Client will be entitled to attend the group exercise classes advertised under that monthly membership.
5. CANCELLATION POLICY: There is a 30 day Notice Period for any group exercise class Membership.
6. If the Client books a single Personal Training session then full payment must be made in advance and no refund will be made unless a minimum of 24 hours’ notice of cancellation is given.
7. If the Client enters into a Membership agreement for personal training, the client will pay Feelgoodfitness for the personal training monthly in advance at the current rates advertised on this website.
8. CANCELLATION POLICY: There is a 30 day Notice Period for any personal training Memberships
9. The Client accepts that use of any equipment and facilities is entirely at her/his risk and agrees that s/he will not hold Feelgoodfitness liable for any injury sustained. 
10. Feelgoodfitness does not accept responsibility for any injury or damage to persons or property whilst attending a group exercise class or personal training session.
11. The Client, by attending classes/sessions, gives authorisation for Feelgoodfitness to take photographs or record any classes/personal training sessions in order to use them solely for the promotion of said group exercise classes/personal training. A discrete and sensitive approach will be taken when using Client images.

IT IS THE DUTY OF EVERY CLIENT TO:

• Conduct themselves in a safe and healthy manner so as not to expose themselves, any other Client, to risk at all
• Co-operate with management and other Clients so as to enable the discharge of all duties under the Health and Safety at Work Act 1974 (which shall include any subsequent statutory rules and regulations governing health and safety at work)
• Report without delay all risks or hazards, including defects to machinery, unsafe practices and ‘near miss’ situations directly to Feelgoodfitness.
• Take reasonable care of themselves and other persons who may be affected by their acts or omissions while on Feelgoodfitness ‘premises’.

Bookings for classes are made via an external site called Bookwhen.  Please visit Bookwhen to view their terms an conditions.