As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you would be unhappy with. If you are not sure about anything, please call us on 0208 8190 322.
- These Terms and Conditions will apply to the purchase of the services advertised on our website, flyers and any other form of advertisement to you (the customer). We (the supplier) are ‘Ali Hitch’ trading as ‘Silver Fern Fitness’ of 19 Claremont Avenue, Walton-on-Thames, Surrey, KT12 4NS with the email address firstname.lastname@example.org, telephone number 0208 8190 322.
- These are the Terms on which we sell all goods and services to you. By ordering any of the goods or services, you agree to be bound by these Terms and Conditions.
- Your trainer is a fully qualified Personal Trainer (accredited to at least REPS Level 3).
- Your trainer will use his/her skillset to design a safe and specific programme of exercise according to your goals and desired outcomes.
- Apart from the initial consultation, each Personal Training session will last 60 minutes.
- All client information will be kept strictly private and confidential.
- You understand that you must fully commit to your training programme in order for you to achieve your set goals.
- You understand that the results of any fitness programme cannot be completely guaranteed. Your progress depends on your own individual effort and cooperation both in and out of session with your trainer.
- You are required to arrive on time for each session so that the trainer’s full training programme for that each session is achieved.
- You are required to wear appropriate clothing and footwear.
- You are required to complete a Physical Readiness Questionnaire (PAR-Q) before undertaking your first personal training session.
- You may be required to obtain a letter of ‘medical clearance’ from your GP before any training may take place.
- You understand that it is your responsibility to inform the Trainer of any conditions of changes to your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury.
- If your trainer requires any further medical information, this must be provided.
- 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.
- Your Trainer cannot be held liable in any way for undeclared or unknown medical conditions.
Basis of Sale
- The description of goods and services on our website, flyers and any other form of advertisement to you does not constitute a contractual offer to sell chosen goods and services.
- When an online sale has been made, we can reject it for any reason although we will try to tell you the reasons without delay, which must be due to running out of stock, a price or description error, the inability to obtain payment or for any other fair reason.
- A contract will be formed for the ordered goods or services, only upon the supplier sending an email to the customer stating that the sale has been accepted.
- No variation on the contract, whether about description of the goods or services, price or otherwise, can be made after it has been entered into unless the variation is agreed buy the customer and supplier in writing.
Price & Payment
- The price of the good(s) and service(s) is set out in our price list current at the date of the order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the order, so that, if the VAT rate increases before acceptance of the order, we will only increase the price or charge by the amount of that increase if you agree, otherwise we must reject the order and promptly inform you of this.
- Payment for training packages must be made in advance, but sessions do not have to be booked at the time of payment.
- Acceptable forms of payment are: VISA and MASTERCARD – payment is taken through the online Optimal Payments platform via the Silver Fern Fitness website.
- All sessions must be used within 90 days of purchase.
- If the client is late, the session cannot be extended and will end at the appointed time.
- If the trainer is late, additional time will be added to the session or to subsequent sessions.
Health & Safety
- Your trainer has completed and holds an ‘Emergency Response First Aid’ certification, approved by North East Surrey Training (NEST).
- Your trainer is insured by INSURE4SPORT has £NUMBER Public Liability cover.
- If your trainer conducts a session on your premises, you are responsible for providing a safe exercise environment.
- 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.
- The Trainer and/or Silver Fern Fitness (the “Supplier”) 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 Supplier will use their reasonable effort to correct errors and omissions as quickly as feasibly possible after being notified of them.
- The Trainer and the Supplier 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 Supplier’s website or services purchased from the Trainer and/or the Supplier or any other damage howsoever caused.
- The Trainer and/or the Supplier will only be liable for direct loss up to a maximum total of the price of the Sessions and/or services purchased by the Client in respect of any claim.
- The Trainer shall not be liable for any loss or injury attributable to:
- The Client’s fault
- A third party unconnected with the provision of services by your Trainer; or
- Events which our Trainer, nor his/her supplier or agents could have forseen or forstalled, even if they had taken reasonable care.
- The trainer is not liable for loss or damage to your property
- The trainer is not liable if you ignore his/her recommendation, at any time, to seek medical advice.
- Any marketing, educational or other materials, including the Supplier’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 Supplier and is subject to copyright.
- You undertake to use such materials only for your own personal development and not to copy, publish or reproduce any such materials.
Price & Payment
- You understand that in the unlikely event of your Trainer being unable to continue your training, for any reason, subject to availability you can have your Sessions transferred to another similar Trainer if he/she agrees to take over his/her training or you can request a full refund from your existing Trainer for any unfulfilled Sessions.
- 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.
- The Trainer may transfer (assign) all or part of this agreement to another trainer or organisation as long as your rights under this agreement are not materially reduced.
- 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.
- 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.
- This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts.