Website Terms of Use TEMPLATE for Personal Trainers and Fitness Websites

<BUSINESS NAME> Website Terms and Conditions

We are <COMPANY NAME>, a company incorporated in England and Wales under registration number 07719406, trading as “<BUSINESS NAME>” (<COMPANY NAME>). Our registered office is <REGISTERD OFFICE>.

This document (Terms) sets out the terms and conditions on which we provide our <BUSINESS NAME> website, <WEBSITE URL> (Website) including subdomains & booking system, and the services available through the Website (Services) to you as a user of the Website or the Services (User, you or your). By using the Website or our Services,  registering with us or use our booking system, you are confirming that you agree to these Terms so please take the time to read and understand them.

You should be aware that these Terms may change from time to time in accordance with Clause 7.4 below.

1. Interpretation
   1. In these Terms, Training Arrangement means an arrangement for a personal fitness trainer (Trainer) to perform services for an individual (Customer) as agreed between the Trainer and the Customer.
   2. In these Terms, words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.
   3. All and any business is undertaken between you and us is subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly otherwise agreed between you and us in writing. No variation of these Terms shall be valid if made without our written consent.
   4. These Terms supersede all previous terms of business.
   5. In these Terms, any phrase that includes the words other, including, for example, such as or in particular (or any similar expressions) shall be deemed to include the phrase “without limitation”.
2. Our Services
   1. The Website and our Services are provided to help Customers access private personal fitness training and other fitness-related services, and to help private Trainers to offer their services to such Customers.
   2. Our Services include:
      1. Trainers apply to represent the <BUSINESS NAME> brand in a selected territory or area whereby we provide the trainer with service including, diary management, marketing & promotion of personal services & payment via our website booking system and direct debit.
      2. Online personal training services provided by trainers for purposes of online coaching.
3. General conditions
   1. You hereby confirm that you understand that Trainers are not employees of <BUSINESS NAME> but are self-employed, independent personal trainers.
   2. By using the Website, you acknowledge that at no point are you entering into a contract with <BUSINESS NAME> for products and/or services provided by Trainers. You may use the Website to search for registered Trainers and we will provide you with the details of Trainers that can provide private personal fitness training and/or fitness sessions in the region in which you have searched for Trainers.
   3. Following contact with a Trainer through the Website, if you choose to enter into a Training Arrangement with that Trainer, you must pay for the Training Arrangement in full, in advance, through the online payment system on the Website or by setting up a Direct Debit membership or contacting the Trainer directly.
   4. All monies (less a transaction fee) paid online through the Website are passed direct to the Trainer and therefore any refund request must be directed to the Trainer with whom you have contracted.
   5. Any fitness training session that you have booked will not be confirmed by a Trainer until that trainer has received payment for those sessions. Failure to pay for a booked session will result in the cancellation of the booked session.
   6. By entering into a Training Arrangement with a Trainer, you are entering into a contract with the Trainer alone and not with <BUSINESS NAME>. Any claim you may have to recover any fee paid in advance will be solely against the Trainer to whom payment was made.
   7. The results of any fitness training programme that DO NOT have the “GUARANTEE” stamp cannot be guaranteed and your progress will depend on your effort and cooperation during and outside any Training Arrangement. You acknowledge that no particular result is guaranteed by either the Trainer or <BUSINESS NAME>.
   8. The results of training programmes, packages & services that DO have the “GUARANTEE” stamp and state Guaranteed results state that a result from the programme is guaranteed, these results are guaranteed and offered by the Trainer alone & not <BUSINESS NAME>. Guaranteed results programmes, packages & services require the signing of a results guarantee agreement with your Trainer that identifies which result will come from following the programme as per the results guarantee terms & conditions.
   9. We require all <BUSINESS NAME> Trainers to be registered with the Register of Exercise Professionals (REPS) this allows us to ensure the Trainer is appropriately qualified to deliver Personal training-related services. We publish certain basic information submitted by the Trainer on their contractual agreement with our services to the Website in relation to their identity, experience, training, authorisations and/or qualifications (Credentials).. You should always check carefully all relevant information and documents in relation to a Trainer before you choose to engage a Trainer for private personal fitness training and you should verify the Trainer’s Credentials yourself before engaging any Trainer.
   10. When you contact a Trainer through the Website, you may be required to submit and confirm the information in relation to yourself, your requirements and the terms on which you would be prepared to engage a Trainer to provide training services. You agree to supply such information and consent to it being shared with potential Trainers.
4. Your use of the Website and our Services
   1. By using this Website, you confirm that:
      1. your e-mail address and other contact information provided to us are accurate and that you will update us with any changes to your contact information
      2. you are fully entitled to use any credit, debit or charge card the details of which you submit to us and that such card has available funds sufficient to cover the charges which are to be deducted from it; and
      3. in using the Website and our Services, you will not:
         1. do anything that may lead to the encouragement, procurement or carrying out of any criminal activity
         2. do anything that may cause you or us to breach any applicable laws;
         3. e-mail, transmit or otherwise disseminate any material which is defamatory, obscene, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise discriminates against, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or which breaches the rights of others (including copyright and other intellectual property rights);
         4. distribute unsolicited communications including ‘spam’ e-mail;
         5. transfer files that contain viruses, trojans or other harmful programs or use the Website in any way that may damage or disrupt another’s computer;
         6. access or attempt to access the accounts of other Users, penetrate or attempt to penetrate the Website security measures or use the Website or our Services as a means to collect or store personal data about others;
         7. include identifying information (such as telephone numbers, e-mail addresses, message service identifiers, voIP identifiers, postal addresses, website addresses or name, company name, tuition agency or organisation or any other contact information through which you can be contacted) on the Website or in any messages sent to other Users through the Website or otherwise in any of your User Content; nor
         8. use the Website and/or our Services other than in good faith for your own purposes as an individual Trainer or Customer. For the avoidance of doubt, use of the Website and/or the Services by organisations such as employment agencies is not permitted.
5. Rights in the Website and its contents
   1. Your use of the Website and its contents grants no rights to you in relation to:
      1. intellectual property rights (including copyrights, trademarks, design rights or patents in relation to logos, graphics, photographs, images, sound recordings, compositions, animations, videos and text) (IP Rights) in the Website and its contents and in relation to our Services, whether owned by us or by third parties; or
      2. IP Rights in any User Content submitted to the Website by other Users.
   2. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content to your hard drive for the purpose of viewing it provided that no more than one copy of any information is made.
   3. Any use other than that permitted under this paragraph 5 may only be undertaken with our prior express authorisation and/or the prior express authorisation of the holder of the relevant IP Rights. If you copy, reproduce, republish, download, upload, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any content belonging to others without their permission, you will breach these Terms and may be infringing the rights of others, which may be a breach of applicable laws.
6. The Limit Of Our Legal Obligations
   1. Nothing in this paragraph 6 shall restrict those statutory rights. For further information about your statutory rights please contact a legal adviser or your local Trading Standards Department or Citizens’ Advice Bureau.
   2. We accept no liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraud by us or our employees or agents.
   3. All the following provisions of this paragraph 6 shall be subject to paragraphs 6.1 and 6.2.
   4. If we breach these Terms we shall only be liable for losses that are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into an agreement on these Terms.
   5. You agree and acknowledge that we shall not be responsible or liable for:
      1. indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the agreement on these Terms, including loss of profits and loss of opportunity; or
      2. failure to provide the Website or our Services or to meet any of our obligations under these Terms where such failure is due to any cause or event beyond our reasonable control.
   6. We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website and we cannot guarantee that the Website or any files that you download are free from viruses, contamination or destructive features.
   7. We are responsible for the provision of the Website and our Services but each private personal fitness training session organised through our Services is an agreement between the relevant Trainer and the relevant Customer and we are not a party to that agreement and we are not responsible for the actions of Users or other third parties. For these reasons, you agree and acknowledge that:
      1. we have no responsibility or liability in relation to any aspect of any Training Arrangement;
      2. without prejudice to any checks we may carry out under Clause 3.8, we do not make any promise or representation to you as to the suitability of any Trainer;
      3. even though all Users are prohibited from doing so, some Users may provide information or otherwise behave, via the Website, in a way that is unreliable, misleading or even illegal and some Users may not necessarily be who they say they are. Accordingly, to the extent that the law permits, you agree and acknowledge that your use of the Website and our Services is entirely at your own risk and you release us, our directors, contractors and employees from all liability (including in relation to disputes with other Users) where such liability relates to or arises out of the behaviour of (or the User Content or other material provided by) other Users and other third parties.
   8. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information and other material on the Website itself will be free from errors or omissions.
   9. Although we reserve the right to monitor the use of the Website and the User Content if we choose, we may not always do so and we do not control, and are not responsible for, the User Content submitted by you or other Users of the Website and, as such, we do not guarantee the accuracy, integrity or quality of such User Content. Furthermore, we recommend that you run anti-virus programs on any information, content and/or User Content obtained via the Website. We will, however, seek to react quickly to any complaints regarding the Website, any User Content or other content on the Website or the conduct of other Users and we treat such complaints very seriously. If you wish to make a complaint please contact us.
   10. All content and services on the Website are provided on an ‘as is’ and ‘as available’ basis. We do not make any promise or representation in respect of the Website or its content, including any assessment of User Content, any advice given (on a personal or general basis) and any statements made by Users, advertisers or other third parties on or via the Website. Any decisions or actions taken by you on the basis of information provided on or via the Website are at your sole discretion and risk and you should obtain individual professional advice where necessary.
   11. You promise to compensate us for all (if any) claims, liabilities, costs and expenses (actual or consequential) that we may suffer, which arise out of or in connection with your use of the Website and/or the Services, in particular in relation to:
       1. your breach of any provision of these Terms;
       2. your involvement in any Training Arrangement (including your breach of any Training Arrangement); and
       3. your violation of any law or the rights of a third party.
   12. We may provide links from the Website to other websites from time to time (via advertising or otherwise). These links are provided for your ease of reference and convenience only. We do not control such third party websites and are not responsible for their contents. Our inclusion of links to such third party websites does not imply any endorsement of the material contained in such third party websites nor any association with their operators. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into. You agree that we shall not be liable to you in respect of, and that you will not invoice us in any dispute between you and a third party in relation to, any loss or damage which you may suffer by using third party websites.
7. Miscellaneous
   1. We are constantly looking for new ways to improve the Website and our Services. We therefore reserve the right to amend these Terms at any time by giving you notice. We may also change these Terms for legal, regulatory or security reasons by giving you notice. Notice will be given by means of a notice on the Website and a link to the current version of these Terms will at all times be available on the Website. For particularly important changes to these Terms, we may in addition e-mail you to bring such changes to your attention. If we change these Terms and that change is to your detriment, you may terminate any agreement with us for us to provide services to you by giving us notice, in which case we shall refund any sums paid by you in relation to those Services to be performed after the date of change of these Terms.
   2. We reserve the right to withdraw or modify aspects of the Website or our Services, or the entirety of them, where we have legal or commercial reasons to do so. There may also be times when the Website or the Services become inaccessible as a result of technical difficulties. We will, however, use reasonable skill and care to overcome these difficulties where they are within our reasonable control.
   3. Where we reserve a right in these Terms, it does not mean we will be obliged to exercise it.
   4. Together, these Terms and our privacy policy contain the whole of the agreement between us and you concerning the Website and our Services and replace all earlier agreements and understandings with you, provided that nothing in these Terms will limit liability for fraud. A person who is not a party to an agreement based on these Terms has no right to rely upon or enforce any provision of that agreement.
   5. In the event that any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable.
   6. These Terms and any claim or dispute (whether contractual or non-contractual) in relation to these Terms shall be governed by and interpreted in accordance with relevant English law. If you wish to take court proceedings against us you must do so within England.