Training Agreement

    We are Repton Personal Training Limited, a company registered in England and Wales under company number: 13304147 with our registered office at 12 Darley Abbey Mills, Darley Abbey, Derby, England, DE22 1DZ (‘RPT’, ‘we’, ‘our’ or ‘us’). And you are ‘you’.

    What Are These Terms About?
    These Terms apply when you sign up for any of our services through our website, being Repton Personal Training and any other websites we operate with the same domain name and a different (Website).
    Key Words Used In These Terms
    To make it easier for you to understand the terms on which we provide, and you use, our Services, we’ve tried to keep these training terms (Terms)as simple as possible by using plain English.
    When we say “Services” in these Terms, we mean our services as described on our Website including but not limited to our 1:1 personal training services and group training services.
    We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

    Summary of Key Rights

    Summary of Your Key Rights

    The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14-day right to change your mind and get a full refund for any Services you purchase online (Cancellation Period), including any Block of Sessions. If you cancel this contract during the Cancellation Period, and we have provided at your request all or part of any Services during the Cancellation Period then we may entitled to retain the applicable Fees for those Services. For Sessions you have Booked which are scheduled during the Cancellation Period, our cancellation notice requirements as set out in clause 7 shall apply.

    The Consumer Rights Act 2015 says the Services must be as described, fit for purpose and of satisfactory quality. If the Services are faulty, you’re entitled to a replacement.

    If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back.

    This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 03454 04 05 06. This information is not intended to replace the terms and conditions below, which you should read carefully.

    Acceptance of These Terms

    Before you Book a Session, buy a Block of Sessions or otherwise engage our Services, please carefully read these Terms. If you don’t agree to these Terms, please don’t engage with our Services. By signing below, clicking to accept these Terms, paying the Fees or otherwise purchasing Services or Booking a Session, you agree to be bound by these Terms.

    1 ELIGIBILITY

    By making a Booking you warrant that you:
    (a) Are over the age of 18, have legal capacity to enter into these Terms, and will receive the Services for personal use; or
    (b) Are over the age of 18, have legal capacity to enter into these Terms, and are making a Booking on behalf of a person under the age of 18 (Minor) and are the parent and/or guardian of the Minor. By accepting these Terms, you acknowledge and agree that you are responsible for the actions of the Minor, including ensuring that the Minor is suitable to receive the Services and complies with these Terms.

    2 DISCLAIMER

    (a) (No Guaranteed Outcome) We take your wellbeing seriously. Whilst the Services provide information and resources to improve your physical health and wellbeing, we make no representation or guarantee that our Services will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Services you will achieve any particular outcomes. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to the Services or otherwise are done so at your own risk and should always be in consultation with your medical doctor.
    (b) (Not Medical Advice) All information provided as part of our Services are not intended to be medical advice of any kind and should not be relied on as such. The Services are not intended to diagnose or treat medical conditions. We do not engage medical doctors in providing the Services, and therefore cannot diagnose or treat any medical conditions, and are not aware of any potential contra-indications for certain lifestyle changes if you have other medical conditions or factors (whether or not you are diagnosed, or have informed us) which may affect you. This is why you should always undertake the Services in consultation with your regular doctor.
    (c) (Consult your Doctor) You should obtain appropriate medical and other professional advice before relying on the information provided during our Services or implementing any recommended strategies or exercises. By not seeking appropriate medical advice, including but not limited to medical advice in respect of:
    (i) Any suggestions we make before implementing them;
    (ii) symptoms, conditions or concerns you have or may have in respect to your physical or mental health, regardless of whether you have disclosed this to us,
    you accept the risk that the information contained in, or supplied by us as part of our Services may not meet your specific needs, circumstances or goals.

    3 THE SERVICES

    3.1 BOOKINGSESSIONS

    (a) We offer our Services at set times and days (Sessions). You can book Sessions via our Website( Booking).
    (b) Bookings will only be confirmed when we email confirmation that your Booking has been accepted.

    3.2 CHANGES TO YOUR SESSION

    (a) Sessions will be held at the location specified on our Website (Location). We may hold Sessions at different Locations depending on the type of Session (for example, a 1:1 Session or a Group Session).
    (b) We reserve the right to:
    (i) Change the trainer for the Session without notice to you;
    (ii) cancel a Session for any reason whatsoever, including but not limited to:
    (A) If the minimum number of participants is not met for a Group Session;
    (B) If weather prohibits the safe operation of the Session;
    (C) If the relevant trainer is unavailable.
    (c) We will use our best endeavours to provide you with notice of a Location Change or if we need to cancel a Session.
    (d) If we cancel a Session, we will refund any Fees paid for the Session to you, or alternatively you may elect to apply the Fees to a future Session Booking.
    (e) If a refund is payable, we will pay to the bank account you nominate within 14 days of receiving your bank details. We will not be liable for any loss arising from any errors in the bank details you provide to us.

    4 BLOCK OF SESSIONS

    (a) You may pre-purchase Sessions in multi-Session packages (Block of Sessions) via our Website.
    (b) Block of Sessions are non-refundable, and are personal to you and must not be transferred or used by any other person.
    (c) Upon receipt of the Fees for the Block of Sessions, we will confirm your purchase of the Block of Sessions via email.
    (d) Your purchase of the Block of Sessions will only be complete when we email you confirmation pursuant to clause 4(c).
    (e) Subject to clause 9, Block of Sessions are not refundable for change of mind.
    (f) You can redeem Sessions included in your Block of Sessions by Booking a Session in accordance with clause 3.1.
    (g) We reserve the right to apply an expiry date to Block of Sessions, as set out on our Website at the time you purchase your Block of Sessions.

    5 YOUR OBLIGATIONS

    5.1 PERSONAL BELONGINGS

    (a) You are encouraged to bring personal items that may assist you to Sessions, such as weightlifting belts, shoes, or straps. However, RPT is not responsible for any damaged, lost, or stolen personal belongings and you are solely responsible for the security of your personal belongings.
    (b) We may maintain a lost and found for items left at any Location, however we are under no obligation to keep such items and may dispose of items if not collected within a reasonable period.

    5.2 SESSIONS

    (a) You must be ready to participate in the Services at the relevant Location prior to the Session start time. If you are late to a Session, we reserve the right to deny you entry into the Session or cancel the Session and retain any Fees paid for the Session.
    (b) If you are late to a Session and we allow you to enter and/or participate in the Session, the Session will end at the time specified in the Booking and no additional time or Services will be provided – you forfeit the time in which you are absent from the Session.
    (c) You must follow the direction of the trainer during the Session and/or Services at all times, including but not limited to any Location rules and regulations. To the fullest extent permitted by law, we will not be liable for any claim, loss, damage, liability or cost arising out of or in relation to your actions which are not compliant with this clause.
    (d) You are solely responsible for any damage or liability to any third party (including any other participant in a Session) arising out of or in connection with your actions.
    (e) You must report any:
    (i) Accident or injury sustained during a Session; or
    (ii) Damage to any property including but not limited to any training equipment we have supplied (Our Equipment), the Location or any third-party property, which you become aware of as part of your receipt of the Services.

    5.3 GENERAL OBLIGATIONS

    (a) You must provide us with accurate and up-to-date information as part of receiving the Services, including but not limited to keeping us informed of any health issues, injuries or conditions including if you become pregnant. If you have known medical conditions, such as cardiovascular diseases, diabetes, or other chronic illnesses, you are required to obtain medical clearance from a healthcare provider before participating in or receiving any of the Services.
    (b) If you have any new injuries, illnesses or conditions, you must inform the trainer prior to the Session starting. You must also report any injuries sustained during Sessions immediately to us or one of our trainers.
    (c) We may not be able to safely provide you with all or part of the Services if you have an injury, illness or condition that may put you at risk of injury if you participate in a Session, and we reserve the right to adjust a Session, or withhold the Services including but not limited to denying you entry into a Session, if in our reasonable opinion there is danger in you participating in the Services. We encourage you to notify us as early as possible of any injuries, illnesses or conditions.

    6 PAYMENT

    6.1 FEES

    (a) All Fees are:
    (i) as set out on our Website( Fees);
    (ii) in British Pounds; and
    (iii) subject to change without notice prior to your Booking or purchase of a Block of Sessions.
    (b) (VAT) Unless otherwise indicated, amounts stated on the Website exclude VAT. Where VAT is payable we will make it clear on our Website.

    6.2 PAYMENT

    (a) All Fees should be paid by bank transfer to the following bank account, and must be received by us prior to the relevant Session starting:
    (i) Account Name: Repton Personal Training Ltd
    (ii) Account Number: 15255105
    (iii) Sort Code: 60-83-71
    (b) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.
    (c) (Pricing errors) In the event that we discover an error or inaccuracy in the Fees paid, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of paying the correct Fees or cancelling your order. If you choose to cancel your order and the Fees have already been debited, the full amount will be credited back to your original method of payment.

    6.3 LATE PAYMENTS

    We reserve the right to withhold the provision of the Services to you until you have paid the Fees in accordance with this clause 5, including but not limited to cancelling a Session if we have not received payment of the Fees at least 24 hours prior to the Session start time.

    7 PRIVACY & DATA PROTECTION

    7.1 PRIVACY COLLECTION

    (a) We may collect personal information about you in the course of providing you with our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
    (b) Our Privacy Policy and this clause 7 contain more information about how we use, disclose and store your information and details how you can access and correct your personal information.
    (c) By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.

    7.2 THIRD PARTY DATA

    (a) You warrant that, in relation to the personal information and all other data that you provide to RPT in connection with this agreement (Third Party Data), that:
    (i) you have all necessary rights in relation to Third Party Data, such that the Services can be performed in respect of that data;
    (ii) you are not breaching any Law by providing RPT with Third Party Data;
    (iii) RPT will not breach any Law by performing the Services in relation to any Third Party Data;
    (iv) there are no restrictions placed on the use of the Third Party Data (including by any Third Party Terms) and if there are any such restrictions, you have notified RPT of this, and RPT has agreed to perform the Services in respect of that data (being under no obligation to do so); and
    (v) RPT will not breach any Third Party Terms by performing the Services in relation to any Third Party Data.
    (b) You agree at all times to indemnify and hold harmless RPT and its officers, employees and agents from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those parties, where such loss or liability was caused or contributed to a breach of a warranty in clause 7.2.

    8 INTELLECTUAL PROPERTY

    8.1 OUR IP

    (a) Intellectual Property Rights in our Services and any other related information or materials (Material) are owned or licensed by us. Except as permitted under applicable laws, no part of the Material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.
    (b) You will not under these Terms acquire Intellectual Property Rights in any of Our IP.

    8.2 DEFINITIONS

    For the purposes of this clause 8:
    (a) “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials, including but not limited to the Material and the Programme including ideas, concepts, structure, and content contained therein.
    (b) “Intellectual Property Rights ”means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trademarks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

    9 PHOTOGRAPHY USAGE

    (a) We may take group or individual photography during any Session, for the purpose of use as promotional material (including on our Website or social media).
    (B) By accepting these Terms, you consent to your image/s being used for the purpose of promoting us, unless you have notified us in writing that you do not consent to this clause.

    10 CHANGES TO YOUR BOOKINGS & YOUR RIGHT TO CANCEL

    (a) Once we confirm your Booking, your Booking is binding and cannot be changed by you, except in accordance with this clause.
    (b) All changes to a Booking (including but not limited to cancellation or rescheduling) must be made with no less than 24 hours’ notice prior to the relevant Session’s start time (Notice Period).
    (c) For Block of Sessions you have paid for, you may cancel this contract and receive a refund of the Fees paid provided you notify us you wish to cancel within 14 days of purchasing the Block of Sessions. This is your statutory right, as set out at the beginning of these Terms.
    (d) If, during the 14 day period, you request us to provide any Services, for example if you Book a Session which is scheduled during that time, then any refund will be less the Fees payable for the relevant Session.
    (e) Our Block of Sessions may offer Sessions at discounted rates. For the purpose of clause 10(d), the Fee payable for any Sessions is the full price for that Session.
    (f) Nothing in this clause 9 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable consumer law.

    11 SECURITY

    (a) While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Services will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
    (b) You are solely responsible for the security of your personal belongings, including any vehicle, while you receive the Services. To the fullest extent permitted by law, we exclude all liability to you for any loss or damage incurred in respect of your personal belongs (including vehicle) during the Services, including any theft or damage while parked at any Location.

    12 THIRD PARTY SERVICES

    (a) The Programme may be powered by goods or services provided third parties (including third party platforms) and therefore subject to the terms and conditions of those third parties. Your use of the Programme is subject to any applicable third-party terms and conditions and you agree to familiarise yourself with all applicable third party terms and conditions.
    (b) To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of the Programme or any issues experienced in Programme Enrolment.

    13 NOTICES

    (a) A notice or other communication to a party under these Terms must be:
    (i) in writing and in English; and
    (ii) delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these Terms as at the date of these Terms (Email Address). The parties may update their Email Address by notice to the other party.
    (b) Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:
    (i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
    (ii) when replied to by the other party, whichever is earlier.

    14 LIABILITY & INDEMNITY

    (a) Nothing in these Terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
    (b) To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services, these Terms or any other goods or services provided by us to the value of the Fees (if any) paid for the Services. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.
    (c) All express or implied representations and warranties in relation to the Services, these Terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
    (d) (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
    (i) breach of any of these Terms; or
    (ii) receipt of the Services or any other goods or services provided by us, including any damage to equipment or third-party property.
    (e) (Consequential loss ) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Programme, the Website or the Services, these Terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under applicable law.
    (f) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

    15 DISPUTE RESOLUTION

    (a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
    (b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
    (c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

    16 SUSPENSION

    We reserve the right to indefinitely suspend all or part of your access to the Services where you are in default or breach of these Terms.

    17 TERMINATION

    17.1 WE MAY TERMINATE

    We may, in our sole discretion, terminate these Terms at any time by providing written notice to you.

    17.2 TERMINATION FOR CAUSE

    Either party may immediately terminate these Terms by written notice to the other party if:
    (a) the other party is in default or breach of these Terms;
    (b) the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of the other party, affects the other party’s obligations under these Terms;
    (c) the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or
    (d) the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.

    17.3 EFFECT OF TERMINATION

    Upon termination of these Terms under this clause 17:
    (a) any Fees paid are non-refundable, however if we have terminated this agreement in accordance with clause 17.1, we will refund you the Fees on pro-rata basis for any unused part of the Coaching Term; and
    (b) you must immediately deliver to us all property belonging to us and materials comprising or containing any of Our IP (as defined in clause 8.2(a)) which is in your care, custody or control, and you must thereafter destroy any copies you have of such materials.

    17.4 SURVIVAL

    Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these Terms will survive and be enforceable after such termination or expiry.

    18 GENERAL

    18.1 GOVERNING LAW AND JURISDICTION

    These Terms are governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

    18.2 THIRD PARTY RIGHTS

    This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

    18.3 WAIVER

    No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    18.4 SEVERANCE

    Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.

    18.5 JOINT AND SEVERAL LIABILITY

    An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    18.6 ASSIGNMENT

    You cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party. We can assign the rights or novate these Terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

    18.7 COSTS

    Except as otherwise provided in these Terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these Terms.

    18.8 ENTIRE AGREEMENT

    These Terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms.

    18.9 INTERPRETATION

    (a) (singular and plural) words in the singular includes the plural (and vice versa);
    (b) (gender) words indicating a gender includes the corresponding words of any other gender;
    (c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    (d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    (e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    (f) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
    (g) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
    (h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    (i) (includes) the word “includes” and similar words in any form is not a word of limitation; and
    (j) (adverse interpretation) no provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that provision.

    Participants must be 18 or older to sign the training agreement. If under 18, it must be completed by a parent or guardian.

    If you are a parent or guardian completing this form on behalf of a minor, please enter:
    "Form completed by [Your Name] (parent/guardian) on behalf of [Participant’s Name]” in the Full Legal Name section.