Terms and Conditions

A few words of explanation.

At Fitness999, we’ve tried to make things as simple as we can, so that you can concentrate on being the healthier, stronger you with the minimum hassle. We’ve tried to keep the legal stuff just as simple and what follows are the rules we apply when you use our site or any of our services.

Visiting the site means that you agree to abide by all of those rules which affect you. If you don’t understand them, tell us and we’ll try to explain. If you don’t like them, just leave – and we’ll still stay friends.

AGREEMENT

When you visit the Site or when you use our Services, some of the following Terms will apply and will, together, form the agreement between you and us.

They have several parts:

• General Terms
• Client Terms
• Trainer Terms
• Space Provider Terms
• Dispute Resolution

GENERAL TERMS

These Terms apply to anyone visiting the Site, whether you use our Services or not.

1. YOU PROMISE US

You agree that:

• You are over the age of 18 years.
• You will have only one Account with us.
• You will not pretend to be someone else when you use the Site.
• If you link to another site through us, you will read their terms and conditions.
• You will not use robots, spiders, scrapers or similar things on the Site.
• You will not try to get around any things we put on the Site to stop or limit access to parts of it.
• You will not do anything that might cause our systems to crash.
• You will not steal the Site or any part of it for use in any other Site or application.
• You will not try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of the systems we use.
• You will not use our trademarks and/or designs and/or layout before asking us.

 

2. INTELLECTUAL PROPERTY

2.1 We and our business partners own all of the IP on the Site. Neither the Site nor the Content may be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written consent.

2.2 All trademarks and logos on the Site are our property (or those of our affiliates) and are protected, where we feel it necessary, by trademark, copyright and such other protection that we feel is appropriate.

3. DISCLAIMERS

3.1 We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner which we think will match your expectations, but we are unable to guarantee that it will.

3.2 We are not able to guarantee that the Site will work with your device or will be secure.

3.3 Whilst we take reasonable precautions to ensure the accuracy of the information we publish on the Site, we cannot guarantee its accuracy. We can never guarantee that any information we may provide is up to date. You agree that, if any information we provide is important to you, you will verify it independently.

3.4 Any advice we offer on the Site is only general in nature and may not apply to you. You must not rely on that advice when you make any decisions.

3.5 If using our Site causes your device issues, unless we have caused them deliberately or recklessly, we have no responsibility to put them right.

3.6 If you link to another site through the Site, you undertake to make sure that the other site is safe to do so. We have no control over the sites we link to.

4. POSTS

4.1 When using any forums, feedback, review or other spaces we may put up on the Site, you agree to abide by the following rules:

• You must not use obscene or vulgar language.
• You must not publish pornographic material on the Site.
• Nothing you submit can be unlawful or otherwise objectionable.
• You must not publish material which may be abusive, threatening, harassing, defamatory, racist, ageist or sexist.
• Nothing you submit may be designed to promote violence.
• All of your posts must be in English.
• You must not post links to other sites which may break these rules.
• You must not impersonate anyone else.
• You may not post anything which contains any viruses, trojans, crawlers or anything else which might damage, interrogate or otherwise access our software, hardware or communications networks.

 

4.2 We have the absolute right to moderate all Posts on the Site and to remove any Post which we do not want.

4.3 When you submit a Post you are warranting that you are the author of that Post and that you own all rights associated with it and that we can repost it without paying or getting permission from anyone.

4.4 Any Post you make to the Site will be considered non-confidential and non-proprietary.

4.5 We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

4.6 When viewing Posts you accept that we are not the author and that any views expressed may not be our views.

4.7 If you see a Post which you find objectionable, tell us as soon as you can and we will consider whether or not it should be removed.

4.8 All passwords are stored encrypted in transit and at rest and cannot be deciphered once committed. It is your responsibility to keep your password secure and to remember it.

4.9 You agree that we may access, preserve and disclose your Account information and Posts if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Post violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect our rights, property or personal safety or those of any other person.

5. AVAILABILITY OF THE SITE

5.1 We never guarantee that the Site will be available all the time and if it is not available for any reason you cannot hold us responsible for anything you lose as a result.

5.2 We have the right to change the Site and the services it offers, suspend it or stop it at any time, without compensating you.

6. LIMITATION OF LIABILITY

6.1 As far as we are allowed by law we deny liability for any losses of any kind which you incur from visiting the Site or using the Services. You use the Site at your own risk.

6.2 We will not be liable to any visitor for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if this is foreseeable, arising under or in connection with: (a) use of, or inability to use, the Site; or (b) use of or reliance on any Content displayed on the Site.

6.3 If you are a business Visitor, please note that, in particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.

6.4 If you are a consumer Visitor, please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business reason.

6.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any Content on it, or on any website linked to it.

6.6 We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

6.7 Nothing in these Terms excludes or restricts our liability for death or personal injury, resulting from any negligence, or fraud, on our part.

7. LINKS TO OTHER WEBSITES

7.1 We do not control any of the websites we link to and are not responsible for their content. We have no liability if you lose anything when using such a site.

7.2 We are not responsible for evaluating other sites with which we may link from the Site. We have no responsibility or liability for the actions, contents, products or services of other sites. You agree to read and review the terms and conditions and privacy policies of all the sites we link to.

7.3 A link to another site does not mean that we endorse or recommend that site.

7.4 We can never guarantee that a link we offer will work or will be free from viruses, distributed denial-of-service attacks, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material.

8. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)

8.1 We will not be liable for any failure or delay in performing our obligations under these Terms if that failure or delay arises because of any cause beyond our reasonable control.

8.2 Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or another natural disaster, or any other event that is beyond our reasonable control.

8.3 If this happens:

• We will tell you as soon as we reasonably can;
• We will do all that we reasonably can to minimise the delay.

 

9. TRANSFERRING RIGHTS AND OBLIGATIONS

9.1 We may transfer (assign) our rights and obligations under these Terms to a third party. This might happen if we sell our business. If that happens, we will tell you and your rights under these Terms will not be affected.

9.2 You may not transfer (assign) your rights and obligations under these Terms.

10. MODIFICATIONS TO THESE TERMS AND CONDITIONS AND THE SITE

10.1 These Terms will change from time to time and we do not have the resources to let all our Visitors know about the changes.

10.2 Each time you visit the Site, you agree to look at this page to see if we have changed any Terms.

10.3 We may change the Site as often as we choose and these Terms will still apply to any changes we make.

11. ADDITIONAL TERMS

11.1 Operative Law - The Agreement under which these Terms operate is made under the laws of England and Wales, which is the only jurisdiction that can govern it.

11.2 Partnership/Joint Ventures - We are not entering into a partnership or co-venture with you.

11.3 Effect of Agreement - These Terms supersede all previous terms and represent the entire understanding between you and us.

11.4 Time of the Essence - Time will not be of the essence in any part of these Terms.

11.5 Unenforceability - If a Court or other body says that any part of these Terms is unenforceable, the rest of them will stand.

11.6 Notices - If either you or we need to give formal notice to the other, it must be done by email to the address each of us gives to the other from time to time.

11.7 Entire Agreement - These Terms contain the entire understanding between us.

CLIENT TERMS

The following terms apply if you are a client seeking to use services provide by a Trainer or Space Provider. We ask that you read them thoroughly as they show what service we provide and how your relationship with the Trainer and Space Provider works.

Important: you are employing us to act as your agent, to find a suitable Trainer and/or Space Provider (we'll call them both "Service Providers"). We only represent you, we do not employ any Trainers nor do we own the spaces provided by any Space Provider.

Once we have put you in touch with a Service Provider, your contract to provide services is with them and not with us. As you’ll see below, we’ll always work with you to solve any issues, but if you get let down, it is for you to chase the Service Provider and not us.

1. Sessions, Attendance and Cancellation

1.1 Sessions will take place on the dates and at the times accepted by your Trainer. Until a Trainer has accepted a Session, no contract between you and the Trainer for that Session will exist.

1.2 You may cancel a Session up to 24 hours before it is due to take place and we will then credit your Account.

1.3 If you cancel a Session 24 hours or less before it is due to take place, you will lose the Fee for that Session.

1.4 If a Trainer or Space Provider cancels a Session, no notice (although they will try to give as much notice as they can) needs to be given but you will receive a full credit for the fees payable for that Session – you will be entitled to no other compensation for that cancellation.

1.5 If the Trainer is unable to provide a Session, then we will give you as much notice as we can, and we will advise you of the time and date of the rescheduled Session as soon as we can.

1.6 If you are late for a Session, it will not be delayed and you will still have to pay the full Fee for that Session.

1.7 If the Trainer is late for a Session, no refund will be given but the Trainer will allow additional time or the Session can be reorganised for another suitable time.

1.8 If you buy a series of Sessions, and you fail to attend one or more of them without giving at least 24 hours’ notice, neither the Fee nor any part of it will be refunded.

1.9 You must complete our Medical Questionnaire before you undertake any Sessions and if you use a service from a different Trainer. You warrant that the information you provide in the Medical Questionnaire is accurate, complete and up to date and that you will advise the Trainer (before any Session) if any of that information changes in any way.

2. Fees and Payment

2.1 Unless we agree otherwise, you must pay the Fee in advance.

2.2 Unless we indicate otherwise, the Fee does not include VAT.

2.3 If we agree that you can pay the Fee in instalments then:

• 2.3.1 if you are late paying any instalment, we can suspend or end this Agreement without any liability to you for any losses you might suffer as a result;
• 2.3.2 The whole balance of the Fee will become due and payable; and
• 2.3.3 We may charge you interest on the outstanding sum, at the rate of 10% p.a. from the due date until the date we actually receive all money due to us.

 

2.4 The Fee includes an element of commission, which we deduct from the payment made (on your behalf) to the Trainer.

2.5 If any card which you have registered with us has been lost, stolen or cancelled, you must inform us immediately and register a new card with us.

2.6 If you make any payments to your Service Provider, in cash, the obligations we have under these Terms will cease to have effect.

3. Warranties

You warrant that:

3.1 You are over 18 years of age;

3.2 You have the legal right to undertake this Course;

3.3 You have checked with your doctor that you are physically able to participate fully before starting the first Session and (if you suffer an illness or injury which might affect your ability to exercise) before starting the next Session after such illness or injury;

3.4 You will advise your Trainer if, at any time, you become unfit to take part in any Session whether during that Session or not;

3.5 You are not taking, and will not take during the length of this Agreement, any medication, drugs or other substances, whether prescribed or not, which could influence your ability to take part in a Session;

3.6 You are not undertaking Sessions for the purpose of a business and that you are a Consumer;

3.7 Your answers to our Health Questionnaire are accurate and complete and that you will tell us if any of that information changes; and

3.8 for the period of 12 months after your last Session with a Trainer, you will not receive services from that Trainer similar to those provided under your agreement with us, unless you pay us an amount equal to the commission we would have earned if you had used our services.

4. Health and Safety

4.1 You will observe:

• 4.1.1 all instructions given by the Trainer at all times;
• 4.1.2 all rules imposed by the Space Provider; and
• 4.1.3 a proper and reasonable standard of behaviour whilst undertaking a Session.

 

4.2 You will, at all times whilst on the premises where our services are being provided, conduct yourself in a proper and reasonable manner and not so as to cause harm of any nature to any other person on those premises or their property.

5. Events Beyond Our Reasonable Control

5.1 We are not liable for any failure or delay in performing our obligations under this Agreement resulting from any cause beyond our reasonable control. That may include illness, lack of available facilities, pandemic, epidemic, non-performance by suppliers, any law or any action taken by a government or public authority, act of god, or any other similar or dissimilar event or circumstance that is beyond our control.

5.2 If an event such as one referred to in Clause 5.1 occurs, we will try to tell you as soon we can, our obligations under this Agreement will be suspended and any time limits in it will be extended accordingly. We will tell you when that event is over and then supply you with new dates and times for the remaining Sessions.

6. Limitation of Liability

6.1 If you suffer loss or damage which is reasonably foreseeable and which was caused by our breach of this Agreement or as a result of negligence on the part of our staff, we will compensate you. We will not compensate you if the loss or damage is not foreseeable.

6.2 The maximum amount we will compensate you under this Agreement for one or a series of issues is the total amount of Fees you have paid us.

6.3 We will not compensate you for any reason which you did not tell us before you signed this Agreement, which would make it more difficult to pass the Course.

6.4 We have no liability to compensate you for items lost or stolen whilst on the premises in which the Sessions are taking place.

6.5 We have no responsibility for the actions of your fellow Clients, if you participate in any group Session.

6.6 We will not compensate you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

6.7 Nothing in this Agreement is intended to or will exclude or limit liability for death or personal injury caused by negligence or fraud or fraudulent misrepresentation.

7. Status and Authority of Trainers

7.1 No Trainer has our authority to bind us – if you wish to make a binding agreement with us, then it must be ratified by one of our directors in writing.

7.2 Neither we nor our directors are responsible or liable to you for a Trainer’s acts or omissions or those of a Space Provider.

8. Affiliate Plans

8.1 If you recommend a New Client to us, we will allow you a credit of 10% (or such other sum as we may advertise on the Site, from time to time) to your Account and allow the New Client a reduction of 5% (or such other sum as we may advertise, from time to time, on the Site).

8.2 The benefits outlined in clause 8.1 will only be available if the New Client takes up the recommendation within 30 days of your making it.

8.3 The credit will be applied to your Account but may not be taken in cash and, if your Account closes with credit, that credit will be lost

8.4 A New Client for the purpose of this clause is someone who has not used our Services before.

8.5 For the avoidance of doubt, the benefits offered in this clause are available on the first successful purchase by a New Client and not for any subsequent purchases.

9. Loyalty Schemes

9.1 From time to time, we may offer loyalty schemes which provide a financial incentive to you, as a Client. The terms and conditions associated with those loyalty schemes will be published with them.

9.2 Any credit given on the scheme outlined in Clause 9.1 may be applied as a credit to your Account or may be withdrawn as a cash payment, using PayPal only, and only in amounts equal to or exceeding £10.00.

TRAINER TERMS

1. Start

Our agreement with you starts on the date we notify you that we have accepted you as a Trainer. It will end when either of us gives 30 days’ written notice to the other or in the circumstances described in clause 7.

2. Provision of our Services

2.1 We provide you with the ability to advertise your services on the Site subject to these Terms.

2.2 You will use the Site only for attracting Clients.

2.3 We make no promise that you will achieve any level of work by using the Site.

2.4 We may allow any other trainer we decide or in any location to use the Site, even if their services compete with yours.

2.5 You may organise how you provide your services in any way you choose but will follow and use the Service Descriptions we provide from time to time.

2.6 You will provide training in a safe manner and not so as to permit any harm, damage or injury to be caused to any Client.

2.7 You will, at all times, carry valid and effective insurances as referred to in Clause 6.1.

2.8 You warrant that all policies of insurance referred to in clause 2.7 will, at all times, be valid and enforceable and that if they are not, in any way, you will tell us immediately you know.

2.9 If we ask you to do so, you will supply us with copies of your professional qualifications and will also supply any photographs and written copy reasonably required by us for our website, blogs or marketing.

2.10 At all times when engaging Clients, you will do so under the Client Terms and will impose no additional terms or conditions without having our written approval first.

3. Fees and Commission

3.1 We may deduct Commission from all Fees we collect from a Client.

3.2 We will pay you the balance of the Fees due to you within seven days of each Session (as long as we have received such fees), provided that the Client has not raised a dispute in relation to those Fees.

3.3 We will pay you using PayPal and you agree to open a PayPal account if you do not already have one.

3.4 Should you receive payments in cash from any Client, all of the obligations we have to you under these Terms will cease.

4. Confidential Information

You will both during this Agreement and after its termination keep confidential and not (except as authorised or required for the purposes of this Agreement) use or disclose or attempt to use or disclose any of the Confidential Information.

5. Your Status and Authority

5.1 You acknowledge that you are not our employee, agent or partner and you will not hold yourself out as such.

5.2 You are a self-employed person and will be exclusively responsible for the payment of National Insurance contributions and for the discharge of any income tax liability, VAT and any other taxes imposed upon you.

5.3 If we ask you, you must supply a Disclosure and Barring Service (DBS) check and, if you fail to do so within seven days of such a request, we may terminate our agreement with you without notice

6. Indemnity

6.1 You will at all times during the course of this Licence carry full and effective indemnity insurance of not less than £2,000,000 and will indemnify us and keep us indemnified against all and any liability, loss, damage, costs and expenses of whatsoever nature incurred or suffered by us arising from your performance or breach of your obligations under this Licence, including but not limited to:

• 6.1.1 any income tax, employee’s National Insurance contributions, interest and/or penalties thereon arising in respect of your using the Method for which we may be called upon to account to HM Revenue & Customs and the disallowance of any VAT charged in respect of the Method as allowable input tax for us; and
• 6.1.2 any unauthorised act or omission of or any negligence, wilful default or breach of duty by you or any breach of the terms of this Licence, and you will, on demand, provide us with a full copy of the policy and certificate of insurance.

 

6.2 For the avoidance of all doubt, you acknowledge that your relationship with your Clients and any Space Provider is your responsibility and that you must deliver your services in a safe manner and in accordance with all guidelines from time to time that we lay down and comply with all terms contained in the Space Provider Terms, which affect you and your provision of your services and that the indemnity provided in Clause 6.1 shall include all claims against us from any person or other entity to whom you supply your services.

7. Termination by Us

We may by written notice terminate this Licence or suspend the performance of all or any of the obligations under it immediately and without liability for compensation or damages if:

• 7.1 7.1 you fail to comply with any of its obligations or any agreement or deed supplemental to it and you don't correct that breach within five working days after we tell you about it;
• 7.2 You die, become bankrupt, have a receiving order made against you, make any arrangement with your creditors generally or take or suffer any similar action as a result of debt;
• 7.3 You are unable or prevented from carrying out your duties under this Licence through incapacity or any other cause for any period or periods exceeding a total of four weeks in any period of 26 weeks;
• 7.4 Your name is removed from any associations or professional bodies of which you are a member;
• 7.5 You commit any act which brings you or us into disrepute or which in our reasonable opinion is prejudicial to our interests; or
• 7.6 You try to assign the burden or benefits or charge the benefits of this Licence; or
• 7.7 We have evidence that you are using steroid treatments (or other treatments which involve the use of illegal or controlled substances) or are advocating their use to any Client.

8. No Waiver

Either party may release or compromise the liability of the other under this Licence or any agreement mentioned in it or grant to the other time or other indulgence without affecting the other’s subsequent liability.

9. Entire Understanding

These Terms embody the entire understanding of the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations, oral or written, express or implied other than those contained in this Licence.

10. Variation

No variation or amendment of this Licence or oral promise or commitment related to it will be valid unless committed to in writing and signed by or on behalf of both parties.

11. Prior Agreements

This Licence is in substitution for all previous contracts, express or implied, between us and you, which will be terminated by mutual consent from the Start Date.

12. Notices

Any notice given under this Licence will be in writing and may be served by email to the last known address of the party to which it is addressed.

13. Contracts (Rights of Third Parties) and Assignment

13.1 A person who is not a party to this Licence has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

13.2 Notwithstanding Clause 13.1 we may assign the burdens and benefits of this Licence without restriction, but you may not make such an assignment without our prior written consent.

14. Affiliate Plans

14.1 If you recommend a New Client to us, we will allow you a credit of 10% (or such other sum as we may advertise on the Site, from time to time) to your Account and allow the New Client a reduction of 5% (or such other sum as we may advertise, from time to time, on the Site).

14.2 The benefits outlined in Clause 14.1 will only be available if the New Client takes up the recommendation within 30 days of your making it.

14.3 The credit will be applied to your Account but may not be taken in cash and, if your Account closes with credit, that credit will be lost

14.4 A New Client for the purpose of this clause is someone who has not used our service before.

14.5 For the avoidance of doubt, the benefits offered in this clause are available on the first successful purchase by a New Client and not for any subsequent purchases.

SPACE PROVIDER TERMS

If you agree to provide a Room for a Trainer you agree to do so under the following terms:

1. You will allow free and uninterrupted use of the Room during the period in which you have agreed to allow such use with the Trainer.

2. In common with all others so entitled, the Trainer and the Client may use all facilities for changing, washing, toilets and refreshments that are available to other users of the facility in which the Room is located, free of charge.

3. he use by the Trainer is personal to that Trainer and may not be transferred to another individual.

4. The Trainer will be allowed to use the Room, only when the fee agreed between the Trainer and you has been paid.

5. The Trainer agrees:

• 5.1 To keep the Room in good condition and in the state and condition in which it was provided to them and to make good any damage caused during its occupation of the Room, howsoever caused;
• 5.2 To use the Room only for the purpose of providing its services to the Client identified to you before occupation has taken place;
• 5.3 not to remove any item belonging to you or any of your other authorised occupiers;
• 5.4 not to allow any activity which will or may cause a nuisance, damage or annoyance to you, the authorised occupants of other parts of the building in which the Room is located or to any of your immediate neighbours;
• 5.5 To use the Room in accordance with any reasonable rules and regulations you may publish from time to time;
• 5.6 To vacate the Room at the end of a Session and to ensure that all of its and its clients’ belongings are also removed;
• 5.7 it has no liability for any loss or damage to any of its equipment or property sustained whilst in the Room, unless such loss or damage has been caused by its negligence or those under its control;
• 5.8 not to bring into the Room any harmful or dangerous substances;
• 5.9 not to allow animals in the Room, except for registered service animals;
• 5.10 not to smoke or allow others to smoke in the Room nor carry out or allow to be carried out any unlawful or immoral activity in the Room;
• 5.11 to do nothing which may make void or voidable, its insurance cover for the Room;
• 5.12 not to part with the keys, security devices, passwords or other means of entry to any Client or other third party;
• 5.13 not to affix any item to the walls, floors or ceilings of the Room.

 

6. You may end such use, without notice, if the Trainer is in breach of any of the provisions of these Terms.

7. You will ensure that the Room is fit for the intended use by the Trainer as a training facility.

8. You will keep the Room and all and any equipment you have agreed may be used with it, in good repair and condition and free from any damage and you will indemnify us, the Trainer and the Client from and against all liability which may arise as a result of a breach of this provision.

9. The Trainer will pay you directly for the hire of the Room and you acknowledge that we have no obligation to ensure that payment is made.

10. Affiliate Plans

10.1 If you recommend a New Client to us, we will allow you a credit of 10% (or such other sum as we may advertise on the Site, from time to time, to your Account and allow the New Client a reduction of 5% (or such other sum as we may advertise, from time to time, on the Site).

10.2 The benefits outlined in clause 10.1 will only be available if the New Client takes up the recommendation within 30 days of your making it.

10.3 The credit will be applied to your Account but may not be taken in cash and, if your Account closes with credit, that credit will be lost

10.4 A New Client for the purpose of this clause is someone who has not used our service before.

10.5 For the avoidance of doubt, the benefits offered in this clause are available on the first successful purchase by a New Client and not for any subsequent purchases.

DISPUTE RESOLUTION

In the event of a dispute arising between a Client, Trainer or Space Provider, the following provisions will apply:

1. The parties in dispute will use their best endeavours to resolve all disputes between themselves, within seven days of one party being notified (in writing) by another that a dispute has arisen.

2. If the parties cannot resolve the dispute between themselves with seven days of the notice given under Clause 1, then either may approach us (in writing) for our assistance in resolving the issue.

3. We will use our reasonable endeavours to assist in the resolution of such dispute, using such methods as we, in our sole discretion, think fit but so that, at all times, each party has the right to make representation to us and the opportunity to respond to any issues raised.

4. If we are unable to resolve the dispute within 14 days, we will advise both parties and any party may then take such action as it thinks fit to resolve the issue.

5. No party to a dispute is required to use our assistance.