1. Performance Objectives
1.1 The Personal Trainer undertakes to advise and support the Client within the appointed Fitness and Personal Training agreement training.
1.2 Unless another agreement between the Company and the Client exists, the Personal Training Sessions must solely be used by the Client. Sessions are not in any way transferrable to another individual or third party.
1.3 The agreed Personal Training service is understood by the Client to be time-specific and location-specific (for example, a 60 minute Session commencing on a specific date at 7pm in the Client's residential gym) and as a contractually obligated service.
2. Other Services
As part of the Personal Training Service, the Personal Trainer is available to be contacted by the Client, either by telephone, SMS or by email, during Working Hours. The Client understands and agrees that their Trainer is not available on a 24 hour, 7 day per week basis. In exceptional circumstances (for example extreme weather conditions, cancellation requests, illness etc.), or otherwise discussed and agreed with the Personal Trainer in advance (for example when the Client has undertaken ATS), the Client may contact the Personal Trainer outside Working Hours.
3. Training and Appointments
3.1 The agreed upon dates for Personal Training appointments, made between the Client and the Personal Trainer are legally binding.
3.2 The duration of a Session is 60 minutes. Any Sessions that should be shorter or indeed longer than this must be expressly agreed in advance between the Client and the Trainer.
3.3 Possible Session content and objectives as well as location of each Session is discussed in advance and coordinated in a consultation session with the Client.
4. General Health and Fitness
4.1 It is the Client's responsibility to ensure that he obtains a medical approval for all sporting activities in connection with the Personal Training. The Client confirms that he is healthy and guarantees that to the best of the client's knowledge that there are no known circumstances that could prevent the client from partaking in a workout that includes physical exertion. This includes, but is not limited to: particular diseases, injuries, use of medication. Sudden mood disorders, including, but not limited to, dizziness, nausea or pain that occurs before, during or after exercise should be reported to the Personal Trainer immediately. The Client is obliged to regularly undergo personal health checks and to be assessed by an appropriate medical professional for compatibility for physical exertion and training.
4.2 Any questions regarding the current or previous state of health and living conditions of the client must be answered truthfully and completely. Any changes must be communicated to the Company and the Personal Trainer immediately.
5.1 The Company declines any liability for damages resulting in personal injury or death or otherwise that is not caused by gross negligence or intentional breach of duty by the Personal Trainer.
5.2 If the Client decided to use products and services, recommended by the Personal Trainer, he does so at his own risk. The Company accepts no liability for goods or services provided by any third party company.
5.3 It is the Client's sole responsibility to prevent accidents and / or injuries that may occur as part of the Session. It is also the Client's full responsibility to get to and from the Session and thus the Personal Trainer or the Company is not liable for any loss or injury that may incur during the Client's commute to the Session.
6. Payment and Costs
6.1 The Client's financial cost for Sessions can vary between Personal Trainers and can also depend on the Sessions Packet.
6.2 In case the Client fails to utilize the training Sessions during the period of validity they will automatically expire. Paid Sessions are not refundable.
6.3 The settlement of any amount(s) due to the Company for services should be done in advance and the amount(s) are to be paid in full before the first training Session by bank transfer or credit card. The Company has the right to postpone any sessions until payment is received.
6.4 The Client will receive a receipt via e-mail which will include a list of the activities and / or services that the Client has undertaken. The receipt will also include a stated monetary value for the aforementioned services etc. and should act as confirmation that payment has been received by the Company.
6.5 The Company reserves the right to amend pricing and undertakes the responsibility to notify the Client of such changes as soon as possible. The Client will be given a minimum of four (4) weeks’ notice, in writing, prior to the implementation of any such price changes.
7. Other Expenses
7.1 Any additional costs that may be required for Personal Training Sessions to take place, such as entrance fees to buildings / gyms / parking facilities, space rental, studio costs, etc., must be paid for by the Client.
7.2 Any costs for doctors, physiotherapists, dietitians, health professionals etc., who are consulted for health assessments, treatments, consultations or care, is paid for by the Client. These amounts are holding to the billing practices of the respective service provider and the Company is not in any way liable for these costs.
7.3 Other services such as Personal Training while traveling are considered Advanced Training Services (ATS) and separate fees, which will depend on several varying factors, apply. The Client is responsible for all additional costs relating to ATS sessions and include, but are not limited to, accommodation, travel, food and drink. Details of additional costs incurred through ATS will be discussed and agreed upon in advance between the Personal Trainer and the Client.
7.4 If the Personal Trainer purchases any products on behalf of the Client such as sports articles, supplements, books, etc., then these goods will remain possessions of the Company until full payment from the Client has been received by the Company.
8.1 In case of the cancellation of an appointed Session time, it is the Client's responsibility to inform the Personal Trainer as soon as possible, but no later than 12 hours before the start of the Session. Where the Client fails to notify the Company or the Personal Trainer of the cancellation outside the aforementioned Cancellation Period, the Client will be liable to pay, in full, the agreed fee for the booked Training Session.
8.2 Schedule changes and cancellations of appointments must be made by telephone, Email or SMS, as mentioned above at least 12 hours in advance in order to get the Session refunded, otherwise the full fee for the Session will be charged by the Company.
8.3 If a Training Session is deemed to be rendered dangerous or not possible to implement due to unforeseen circumstances (weather conditions, etc.) the Training Session, if possible, might take place indoor where appropriate or postponed on agreement. The decision to relocate or postpone a Session in these circumstances will be made together by the Personal Trainer and the Client.
8.4 In exceptional circumstances (illness, vacation time, etc.) whereby the Personal Trainer cannot meet the agreed upon Session with the Client, the Company will provide an equivalently qualified Personal Trainer to replace the Client's regular Personal Trainer. This will only occur following a prior consultation with the Client in which the Client agrees to an alternative Personal Trainer for the given Session(s).
8.5 Failure to appear at the agreed Session appointment results in the Client being charged in full for the Session at the previously agreed amount. Any Session at which the Client fails to appear without having given the appropriate Cancellation Period to the Company or the Personal Trainer are not carried forward in their Session Packet (where applicable) and the Client will not be re-credited for this Session. In this case, no claims can be asserted.
8.6 In the event of the Client arriving more than 30 minutes late to a Session, the Personal Trainer reserves the right to terminate the Session and charge the Client the full fee, since the planned Session cannot be conducted due to lack of time caused by the late coming of the Client.
9. Compensation Claims
9.1 In the circumstance that the Personal Trainer fails to abide by the Cancellation Period and where the Company and the Client cannot agree that an alternative Personal Trainer will take the Session on the Client's regular Personal Trainer's behalf, then the Session will be cancelled. In this circumstance, the Client will not be charged for the Session and will receive an additional complimentary Session from the Company by way of compensation.
9.2 Refunds of other kind may be granted on an individual basis. This will be in the form of a goodwill gesture and at the discretion of the Personal Trainer or the Company.
10.1 Personal Data of Clients will be used with the sole purpose of satisfying and the Company’s Client service. The Company will not share any Client's Personal Data with anyone other than the Personal Trainers or any business that the Company chooses to employ the services of by means that relate to overall Clients' service enhancement.
10.2 Upon request, the stored Client Personal Data will be deleted 24 months after the last booked Training Session.
11.1 The Client agrees that they will not under any circumstances share any business and / or trade secrets of the Company and their Personal Trainers, even following termination of the Personal Training Service Agreement.
11.2 The Company shall treat all Personal Data about the Client with utmost confidentiality even following termination of the Personal Training Service Agreement.
12. Other agreements
12.1 Both parties recognize and understand all agreements pertaining to booking Sessions as binding, provided that they are mutually confirmed. This applies to all means of communication used, such as telephone, fax, e-mail or SMS.
12.2 Both parties agree to mutual loyalty and will not manifest themselves negatively about persons/products or services of the other party and / or impair or damage the other party's reputation and/or prestige.
13. Final Provisions
13.1 Modifications, amendments and supplementary agreements that may be required in the future, if not mentioned otherwise in these terms, are to be in written form. The written form requirement also applies to the Waiver of this formal requirement.
13.2 If any of the above provision that is laid out in this Personal Training Service Agreement be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. Both parties agree to strive to find a mutually compatible alternative to any such invalid provision in a timely and economical fashion.