TERMS & CONDITIONS

ADAM RUSSELL PERSONAL TRAINER

TERMS & CONDITIONS (Last updated: 16.10.20)

By purchasing sessions or one of my packages you are agreeing to be bound by these terms and conditions so, please read the following carefully.  

 

INTRODUCTION 

1.     Adam Russell becomes your personal trainer (“The Trainer”)

2.     Your agreement is with your personal trainer (The “Trainer”). 

3.     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 alone. 

4.     Payment for any service available on the website will constitute acceptance of these Terms and Conditions, at which point you will become a client (“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'S OBLIGATIONS

5.     The Trainer will use his skills and knowledge to the best of their ability to design a safe programme of exercise that will take into account your lifestyle, personal goals, fitness levels and medical history. 

6.     The Trainer will aim to provide the coaching, supervision, advice and support that you will need to achieve your goals.  

7.     You are aware that at no point in time is The Trainer prescribing anything, that all information provided by The Trainer is advice and that it is at your own risk and discretion with which you follow the advice given.

8.     Each personal training session will last 60 minutes (a “Session”). 

9.     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. 

10.   All Client information is strictly confidential and will only be seen by The Trainer unless you have given permission for your information to be shared. 

 

THE CLIENT'S (YOUR) OBLIGATIONS 

11.   You are required to complete the “PAR-Q & ICRW” Forms before starting your first Session. 

12.   You agree to disclose to The Trainer any medical conditions, health concerns, allergies and/or previous injuries which may impact your safety when training or your ability to train effectively. 

13.   You agree to inform The Trainer of any changes in medical conditions, injuries or health status as and when they occur. 

14.   The Trainer cannot be held liable in any way for any undisclosed information or any unknown medical conditions. 

15.   Based on the information you supply in the “PAR-Q & ICRW” Forms, The Trainer may require you to visit your doctor to obtain a “Medical Clearance”.  Your doctor may charge a fee for writing this letter, and the fee is payable by you. 

16.   If The Trainer recommends you see an additional professional, i.e. a Physiotherapist to help with a previous injury, you understand that this fee is payable by you. 

17.   You must be committed to your training in order that results can be achieved. 

18.   If The Trainer has reason to believe that you are consistently failing to commit to sessions and timeline as outlined in any package or offer, it is at their discretion to decide whether the package or offer should be terminated immediately. If the package or offer is terminated due to a lack of commitment, The Trainer is under no obligation to provide a refund, either partial or full, regardless of the reason for lack of commitment.

19.   In order for The Trainer to complete the training plan, you are required to arrive on time and be ready to train at the specified Session time. 

20.   You must provide 12 hours notice to The Trainer if you wish to cancel or reschedule a session. If you fail to provide at least 12 hours notice, you will lose the session and be charged. 

21.   You understand that there are inherent risks involved 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. 

 

PAYMENT   

22.   Payment for bookings must be made upfront and in full at the time of booking. 

23.   Payment can be made by Credit Card or PayPal via the website or by prior arrangement with Adam Russell by internet bank transfer. 

24.   All sessions need to be paid for in advance but block bookings do not need to be scheduled in advance. 

25.   The time period for the package or offer will begin on the date upon which The Trainer explicitly states in writing as an official and definite start date. 

26.   If you require your sessions to begin and end on a specific start date, then this must be agreed to, in writing, by The Trainer prior to making payment – otherwise there is no guarantee that you will be able to start on your chosen date and The Trainer is under no obligation to provide you with either a full or partial refund.

27.   From this start date, all sessions must be used within the timeframe specified for the package or offer purchased.

28. The Trainer is under no obligation to begin your package or offer within a specified timeframe unless otherwise directly and explicitly stated and agreed to by The Trainer in writing prior to the client making payment. 

 

CANCELLATION AND REFUNDS

29. Once purchased, your Package can only be refunded if sessions and package remain intact and unused and you will be entitled to a full refund. No partial refund will be offered for packages that have been partially used.

 

30. The client may choose to transfer a Package to another party if they wish but the package must be intact and unused. Packages cannot be split to accomodate multiple users and the client is responsible for sourcing a suitable second person to transfer service and responsible for payment transfer. The trainer is under no obligation to assist in the transfer of an unused session or package.

31.  If the client fails to provide 12 hours notice to cancel and/or reschedule a session, they forfeit the session and will be fully charged.

 

LATENESS POLICY

32.   Client: If the client is late, the Session cannot be extended and will end at the appointed time. 

33.   Trainer: If the Trainer is late additional time will be added to the Session or to subsequent Sessions. 

 

HEALTH AND SAFETY

34.   Your Trainer has completed and holds a current certificate for Emergency First Aid at work.

35.   Your Trainer has public liability insurance cover. 

36.   If The Trainer conducts the Sessions on your premises you are responsible for providing a safe training environment. 

37.   You are required to wear appropriate clothes and footwear whilst training. 

 

LIABILTY 

38.   The Trainer shall not be liable for any loss or injury attributable to: 

a.     the Client’s fault 
b.     a third party unconnected with the provision of services provided by The Trainer. 

39.   The Trainer is not liable for loss or damage to your property. 

40.   The Trainer is not liable if you ignore recommendations to seek medical advice. 

 

INTELLECTUAL PROPERTY  

41.   All Training Plans made available to you remain the property of the Trainer and are subject to copyright. 

42.   The Client agrees to use these materials for his/her own personal development only and will not copy, publish, reproduce or distribute any such materials.  

 

GENERAL 

43.   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 changes.  When such a change(s) is/are made, if dissatisfied you can cancel this agreement once you have made any payments already due to The Trainer. 

44.   You are responsible for keeping all of 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 to do, or what you have given him permission to do with any personal or sensitive information held about you. 

45.   Your training may be filmed or pictures taken for learning and/or 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. 

46.   If your coach cancels any sessions then your package or offer can carry on for longer than initially disclosed. However, if a client cancels any sessions, regardless of the reason or notice period given, the package will finish within the timeframe originally agreed. 
 

This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts.