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
• 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.

The service we provide is to help you find a Trainer and somewhere to train. We do not and cannot recommend any Service Provider as this would involve us in having personal experience of the services they offer, which is not possible.

If you use a Trainer who is not UK based, we have no means of verifying their credentials. For this reason, you MUST carry out your own research, when using such a Trainer, to make sure that they have the qualifications and experience they claim – and that any insurance cover they offer is valid and effective.

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.

3.9 if you intend to use a Trainer who is not based in the UK, you will carry out full and proper research into the qualifications and experience of that Trainer, before you engage them, to make sure that their claims are correct.

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.

5.3 We try to make sure that all feedback and reviews shown on the Site are real and represent the opinion of a Client who has used a Trainer or Service Provider. If you think that any feedback or review we publish is not correct, you agree to tell us and accept that whilst we take reasonable steps to prevent fake reviews, we cannot warrant that we will catch them all and that our liability in the case of fake reviews which cause you loss, is limited by the provisions of clause 6.

6. Limitation of Liability

6.1 We act as your agent and not as agent for the Trainer or Service Provider and, whilst we use reasonable measures to verify information we are given you accept and agree that the primary responsibility for any issues which may arise with a Trainer and/or Space Provider lies with them and not with us.

6.2 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.

6.3 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.

6.4 We will not compensate you if you don’t tell us, your Trainer or Space Provider, before any service is delivered, of any issue which would or might affect the delivery of our or their respective services including (but not by way of limitation) physical conditions, medication and mobility issues

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

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

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

6.8 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.

6.9 We deny all and any liability for injury or loss of any nature (as far as the law allows us) suffered as a result of using a Trainer who is not based in the United Kingdom – you use such a Trainer at your own risk.

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.

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.