Your agreement is with Harry Halls Personal Trainer (the “Trainer”) who delivers your training and program.
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.
Your instructions to commence personal training will constitute acceptance of these Terms and Conditions when you will become a client (a “Customer” or “you”). This does not affect your statutory rights.
The Trainer will use his skills and knowledge to design a safe program of exercise that will take into account your lifestyle, personal goals, fitness levels and medical history.
The Trainer will provide the coaching, supervision; advice and support that you will need to achieve your goals.
You understand that the results of any fitness program cannot be guaranteed. Your progress depends on your effort and dedication. In particular you acknowledge that individual results may vary and your Trainer guarantees no particular result.
All Client information will be kept strictly private and confidential.
Once purchased, your Services are non-refundable and non transferable and must be used within ten months.
The amount to be paid by the Customer, in Great British Pounds Sterling, to Harry Halls Personal Trainer as set out in the Services Order.
The Customer’s Services Order and Harry Halls Personal Trainer acceptance of it.
The person, firm or company who purchases Services from Harry Halls Personal Trainer.
Intellectual property Rights
All copyright, design rights (registered and unregistered), patents, trade marks, service marks, database rights, together with any and all other intellectual property rights of any nature, whether registered or unregistered, and arising in any jurisdiction.
The Services to be provided by Harry Halls Personal Trainer under the Services Order.
The document agreed by the Customer and Harry Halls Personal Trainer confirming the Services to be provided to the Customer by Harry Halls Personal Trainer.
Harry Halls Personal Trainer
2. APPLICATION OF CONDITIONS
2.1 These conditions shall:
(a) apply to and be incorporated in the Contract;
(b) prevail over any inconsistent terms or conditions contained in, or referred to in, the Customer’s Services Order, confirmation of order, or specification, or implied by law, trade custom, practice or course of dealing.
2.2 Any variation of the Services Order shall be in writing and signed by or on behalf of the parties.
3.1 The Services will commence on the date stated in the Order Acknowledgement by Harry Halls Personal Trainer and will continue until completion of those Services, unless terminated earlier in accordance with these Terms.
4.1 Whilst Harry Halls Personal Trainer shall use all reasonable endeavours to deliver the Services by any agreed dates, although the Customer accepts that such timescales are estimates only. Accordingly, Harry Halls Personal Trainer shall not be liable for any delays in the provision of the Services.
4.2 Harry Halls Personal Trainer shall use reasonable endeavours to provide the Services in accordance with the Services Order.
4.3 The Customer acknowledges that the provision of the Services is subject to any changes in search engine algorithms. In order to respond to any such changes the Supplier may re-optimise the Customer’s website or change the service offering as detailed in the service order.
5. CUSTOMER’S OBLIGATIONS
5.1 The Customer accepts responsibility for the way in which it uses the Services.
5.2 The Customer must when requested by Harry Halls Personal Trainer, provide any information required to comply with the provision of the Services.
5.3 The Customer shall not, without prior written consent of Harry Halls Personal Trainer, at any time from the date of the Contract to the expiry after the completion of the Services, share or use any of the intellectual property (“the programs”) with any other member of the public or as the customers own.
6. CHARGES AND PAYMENT
6.1 In consideration of Harry Halls Personal Trainer performance of the Services, the Customer shall pay Harry Halls Personal Trainer the Charges.
6.2 The Charges for the Services shall be the amount set out in the Services Order.
6.3 In addition to the Charges the Customer shall pay Harry Halls Personal Trainer, Value Added Tax and/or any other applicable sales taxes at their respective rates.
6.4 Unless and to the extent otherwise stated in the Services Order, the Customer shall pay each invoice submitted to it by Harry Halls Personal Trainer in full, and in cleared funds, by PayPal.
6.5 Without prejudice to any other right or remedy that Harry Halls Personal Trainer may have, if the Customer fails to pay Harry Halls Personal Trainer on the due date Harry Halls Personal Trainer may:
(a) charge interest on such sum from the due date for payment at the annual rate of 4% above the base lending rate, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment. Harry Halls Personal Trainer may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
(b) suspend all Services until payment has been made in full.
6.6 Time for payment shall be of the essence of the Contract.
6.7 All payments payable to Harry Halls Personal Trainer under the Contract shall become due immediately on termination of the Contract, despite any other provision. This condition is without prejudice to any right to claim for interest under the law, or any such right under the Contract.
6.8 Harry Halls Personal Trainer may, without prejudice to any other rights it may have, set off any liability of the Customer to Harry Halls Personal Trainer against any liability of Harry Halls Personal Trainer to the Customer.
6.9 The Direct Debit Guarantee: This Guarantee is offered by all Banks and Building Societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own Bank or Building Society. If the amounts to be paid or the payment dates change Harry Halls Personal Trainer will notify you 10 working days in advance of your account being debited or as otherwise agreed. If an error is made by Harry Halls Personal Trainer or your Bank or Building Society, you are guaranteed a full and immediate refund. You can cancel a Direct Debit at any time by writing to your Bank or Building Society. Please also send a copy of your letter to us.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Any and all Intellectual Property Rights arising in connection with performance of the Services are the exclusive property of Harry Halls Personal Trainer. Harry Halls Personal Trainer hereby licenses all such rights to the Customer free of charge and on a non-exclusive, worldwide basis to such extent as is necessary to enable the Customer to make reasonable use of the Deliverables and the Services as is envisaged by the parties. If the Supplier terminates the Contract under condition 7.1, this licence will automatically terminate.
7.2 All information or materials supplied to Harry Halls Personal Trainer by the Customer in connection with the Services Order, together with all associated Intellectual Property Rights, will remain the property of the Customer.
7.3 The Customer hereby grants Harry Halls Personal Trainer a free licence to use all such information and materials for all purposes connected with the provision of the Services.
7.4 The Customer warrants that it has the right to:
a) disclose the information and materials referred to in Clause 7.2, and
b) grant the licence set out in Clause 7.3, and the Customer agrees to defend, indemnify and hold Harry Halls Personal Trainer harmless from any and all demands, liabilities, losses, costs and claims, including legal fees incurred by (or asserted against) Harry Halls Personal Trainer and its third party suppliers, that may arise from or in connection with any allegation of infringement of Intellectual Property Rights of a third party arising due to Harry Halls Personal Trainer possession or use of such information or materials.
8.1 Except as expressly provided in this Agreement the Company shall not be liable to the Client or any third party, whether in contract, tort (including negligence) or otherwise for injury to the client or a third party. The program is undertaken by the client at their own risk.
9.1 We will endeavour to provide a continuous high quality service. If you experience problems with Your Service, you should contact Harry Halls Personal Trainer.
9.2 We may require suspension of some of Services for short scheduled periods to carry out “maintenance or repair” to Services. Where possible you will be notified of any downtime by email in advance.
9.3 Harry Halls Personal Trainer makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder “as is” without warranty of any kind.
9.4 You understand that in the unlikely event of your Trainer being unable to continue your training, for any reason, you can request a full refund from your Trainer for any unfulfilled Sessions.
9.5 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 change. 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.
9.6 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.
9.7 Your training may be filmed or pictures taken for 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.
9.8 This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts.