You have received this contract because you (“the client”) have previously agreed to the option of “Personal Training Services Subscription”.
This Personal Training Agreement ("Agreement") is entered into between Shipston Personal Training LTD ("Company") and [Client Name] ("Client") on [Date of Commencement]. NB. Date of commencement is the date from either this document being signed OR the date that the Client initiates the subscription payment method. These terms commence from that moment.
Subscription includes: ONE, TWO or THREE Personal Training Session per week lasting 45-60 minutes per session depending upon the package you have chosen. Fees are to be paid MONTHLY at a previously agreed sum. This sum is to be paid every calendar month. Access to our private studio 1 x week in addition to your scheduled PT session is included, conditions apply. By agreeing to a package, you agree to pay the sum in FULL every month and commit to a minimum of 4 months to see any physiological change.
1. Personal Training Services
The Company agrees to provide personal training services to the Client in accordance with the terms and conditions of this Agreement. The services shall include but are not limited to session planning, nutrition research, and exclusivity, as outlined below.
2. Duration
This Agreement shall commence on [Date of Commencement] and shall continue on a month-to-month basis until terminated by either party in accordance with the cancellation policy outlined in Section 5.
3. Payment
The Client agrees to pay the Company an agreed monthly fee for the personal training services as explained in the consultation and/or follow up email. Payment shall be made in advance on a monthly basis and is due on or before the first day of each month or a calendar month from the date the subscription was set up.
4. Personal Training Sessions
The Company shall provide the Client with 1 personal training session per week. The specific schedule of sessions shall be mutually agreed upon by the Company and the Client.
5. Cancellation Policy
The Client understands and agrees that any scheduled personal training session must be cancelled or rescheduled at least 24 hours in advance. Failure to provide at least 24 hours' notice of cancellation or rescheduling will result in the loss of the session, and no refund or makeup session will be provided.
6.
Responsibilities of the Company
The Company agrees to provide professional and qualified personal trainers who will design safe and effective exercise programs tailored to the Client's individual needs and goals.
7.
Responsibilities of the Client
The Client agrees to follow the instructions and guidance of the personal trainer during each training session. The Client further acknowledges that results may vary and are dependent on their commitment to the exercise program and adherence to the nutrition advice provided.
8.
Exclusivity
The Client acknowledges that the personal training services provided by the Company are exclusive to them and shall not be shared, assigned, or transferred to any other individual or party.
9.
Termination
Either party may terminate this Agreement with 1 month’s written notice to the other party. In the event of termination, the Client shall remain liable for any outstanding fees due up to the date of termination. The company reserves the right to terminate without prior warning in the case of misconduct.
10. Confidentiality
Both parties agree to keep any confidential information shared during the course of the personal training relationship confidential and not disclose it to any third party without prior written consent.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Country/State] without regard to its conflicts of laws principles.
12. Contact Hours & Response Time
By agreeing to this contract, you agree to only contact the “company” including your trainer during available hours. Available hours include:
Monday - Friday: 7am - 8pm
Saturday 7am - 4pm
Expect a waiting time of 1-2 days.
13. Indemnity
In the event of any problems aside from insurance covered liability, or you experience anything perceived as “negative” from the personal training session, you agree to hold the “company” blameless. By agreeing to this contract, you agree to take full responsibility should you not be presented with your expected outcome. Though, be assured that the “company” will do everything to help you avoid such out of the ordinary problems or negative consequences of the personal training sessions.
14. Insurance
Each trainer is a representative of the company. They are freelance and hold their own insurances. In the unlikely event of a complaint or claim, it is the trainer that is responsible and not the company.
15. Declaration of Understanding
Both parties understand and agree that they are satisfied with the entirety of this agreement and wish to proceed with the personal training sessions.
Any direct modifications that are made to this agreement will be notified in writing, checked and signed by both parties. (The “company” & the “Client”)
Other modifications to company general terms and conditions will be in the first instance published on the company website.
Company Representative
Signature:
Date:
Client
Signature:
Date:
1.1 These rules, and the application form (Direct Debit), form our agreement with you and you should take time to read them carefully before you sign the form.
1.2 In these rules we refer to:
The application form, we mean the Direct Debit online form and the PARQ; The Company, we, us and so on, we mean Marc Edwards, Shipston Personal Training LTD, Marc Edwards Fitness or any subsidiary or associate company which may provide you with Gym Facilities under this agreement and we include any member of staff or representative;
You, your and so on, we mean all or any (depending on the context) of the persons entitled to use the Facilities by virtue of this Agreement whose details are given in the Application Form
The Studio we mean Shipston Personal Training Studio at the Location;
The Location, we mean the bae of operations for the Studio or other location specified in the Application Form; Studio Facilities, we mean use the Strength Room, Class/Group Exercise Studio, Functional Trainign Studio, treatment rooms, changing rooms, lounge and reception areas, toilet and washing facilities and so on at the Studio;
Joining Fee, we mean the one-off fee, which you will have to pay us if we accept your application to cover initial rental of key/code & HR Monitor as a security deposit; Membership Fee / Subscription, we mean the monthly fee which you pay us whilst you are a member of the Studio;
1.3 These Rules have been compiled to ensure that all our members have as much enjoyment of the Studio as possible and we would ask you to observe them.
2 Membership
2.1 All memberships are governed by Personal Training & Coaching. This means, that if it’s deemed necessary, you may use the facilities to conduct your own training without interruption. This must be signed off by the CEO of the company beforehand.
2.1 You may apply to us for membership of the Studio. You must do so by completing the Application Form and giving it to us. We may accept your application but we are not bound to do so. If we do not then we do not need to give any reason for our decision.
2.2 If we accept your application and offer you space to train alone. You must sign in & out whenever you visit the Studio and must keep it the key with you whenever you are on the Studios premises and show it to us if we ask you. If you lose the key we will give you another one but you will have to pay us £75.00.
2.3 You will have to pay us the Joining Fee and Membership Fee before we give you your membership access key and before we allow you to use the Studio Facilities. You will be told how much the Joining Fee and Membership Fee are. We reserve the right to increase both or either when we think it necessary.
2.4 You can pay us the Joining Fee and Membership Fee by cash, certain credit cards or cheque (subject to clearance). However, you may ask us by ticking the box over leaf, to allow you to pay the monthly instalments. If we agree to this, you must complete the Direct Debit mandate form, which we will either give you and return it to us at the same time as you return the Application Form and pay the Joining Fee or via the online link directly emailed to you (preffered)
3. Your rights as a Member
3.1 Once you have received your access key, you are entitled to use the Facilities at the Studio, free of any additional charge, during the Studios standard opening hours. Details of these hours will be displayed at the Studio. Last entry to the Studiowill be an hour before closing time and you must vacate the Studio by closing time. We may, at our discretion, withdraw all or any of the Studio Facilities if we think it necessary to allow us to carry out any repair, alteration, maintenance or similar work at the Studio or the Location, or for any other substantial reason.
3.2 You can not bring guests to the Studio. Anyone you wish to use the studio with may do so by paying a charge agreed to by the manager. Guest must sign a PARQ / Registration form whenever they visit the Studio by clicking the link at www.marcedwardsfitness.co.uk and navigating to the Sign in Form at the bottom of the page. You will be responsible for ensuring that your guests comply with these rules and where relevant any other rules associated with the Studio. We may refuse to admit any proposed guest whom we deem unsuitable.
4. Our liability
4.1 You are responsible at all times for the safety of your selves and personal property whenever you are on the Studios premises and we do not accept responsibility for the loss or damage to your property. The same for your guest and their property. Similarly, we do not accept liability for any loss or injury of any kind which you or any of your guests may sustain while you or they are at the Studio and you and they use the Studio Facilities entirely at your own respective risk.
5. Restrictions
5.1 We ask all members and their guests to observe the following rules whenever they are at the Studio. We think that they are necessary to ensure that our members can fully enjoy their visit to us.
5.2 You must comply with any reasonable request, which we, or any member of our staff may make of you.
5.3 Children under 16 may accompany you into the studio but are restricted from using any/all equipment whatsoever
5.4 Children under 16 must be accompanied by an adult at all times. The adult, you, are responsible for the welfare of children under your supervision at all times
5.5 Smoking is not permitted anywhere in the Studio. Pets are not allowed on the Studios premises.
5.6 All equipment has been risk assessed accordingly and deemed safe for use. You must only use the equipment for the exercises in your programme, that which you have been shown to use safely and effectively
5.7 You and your guests must observe good standard of attire and must not enter the Studio in inappropriate clothing, especially muddy clothing Footwear must be removed on entry to the studio and you’re required to train in socks, bear foot or a separate pair of trainers suitable for wear on the mats.
5.8 You must behave at all times in keeping with the spirit of the Studio
6. Termination & Cancellation
6.1 Your membership of the Studio is for an initial period during which you can not cancel your membership as agreed by your coach Your membership will renew automatically every month and you will become liable to pay us a Membership Fee for each month you remain a member.
6.2 Session Cancellation. If you have a scheduled Personal Training session with a coach, the followin cancellation policy applies: If cancelled with 7 days notice, there will be no cancellation fee and the session may be refunded fully or rescheduled. If the session is cancelled within a 48 hour period, we will attempt to reschedule. If rescheduling is not an option, 50% of the session fee will be refunded. If you cancel within 24 hours of the session, no refund will be offered and rescheduling is up toi the discretion of the coach.
6.3 If any Direct Debit payment is not met by your bank, the entire balance of your membership fee will become immediately payable.
6.4 We can terminate your membership and all the rights to use the Studio Facilities at any time by giving you not less than one week written notice. We can terminate your membership and all your rights to use the Studio Facilities immediately and with notice (1) If you contravene any of these rules (2) If you fail to pay any outstanding balances of your membership fee or (3) if the circumstances even if , for example, you are unable to use the Studio Facilities because you are ill, injured or pregnant or because you moved house.
7. General
7.1 We reserve the right to amend the rules governing membership of the Studio at any time if we do so, we will inform you of the changes (either by writing to you or by putting a notice up at the Studio) within a reasonable time.
7.2 This agreement shall be governed by, and construed in accordance with, English Law
7.3 Deposits and/or full payments must be made by card on the official website by card, cheque or standing order (BACS). Where a deposit is paid and the balance is to be paid in one further amount, this balance payment must be received by the company no later than 14 days prior to the commencement of the session.
7.4 If you are paying in monthly instalments, you have agreed with the coach and/or manager a monthly amount to be paid each month by standing order and the time scale that this will be paid over. If your payment date changes please contact the manager with the new date and the reason for change. If a payment is missed this could result in you being removed from the Studio
7.5 From time to time, the company may need for whatever reason to change session dates or venues. The company or Coach will let you know as soon as possible if this situation arises and transfer you to the next available date and time The comacny accepts no responsibility for any additional costs or losses incurred by you in moving to the revised date and time
7.6 All personal information provided to the comany will be kept strictly confidential. It is the responsibility of the client to provide The comany with any changes of personal information. If up-to-date information is not provided, The company accepts no responsibility for post sent to the client which is delayed or lost
7.7 All clients must comply with Health and Safety policies of the venue in which live sessions are run
7.8 Any client behaving in an aggressive or threatening manner, using racist or sexist language, or conducting themselves in a way which is deemed unacceptable to other students or tutors, may be removed from the studio and forfeit the right to any refund
THE DIRECT DEBIT GUARANTEE
This Copy should Be retained by the payer
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 we will notify you 10 working days in advance of your account being debited or otherwise agreed.
If we or your bank or building society make an error you are guaranteed a full and immediate refund from your branch of the amount paid.
You can cancel a direct debit at any time by writing to your bank or building society. Please also send a copy of this letter to us.