Terms & Conditions
- Your agreement is with Shaping Change Ltd.
- These Terms and Conditions form part of your agreement with Shaping Change Ltd. You understand that that you will be assigned a trainer based on your goals and price.
- Your instructions to commence personal training will constitute acceptance of these Terms and Conditions when you will become a client (a “Client” or “You”). You are asked to pay special attention to then provisions related to liability and cancellations. This does not affect your statutory rights.
- Your trainer is fully qualified personal trainer and is under the tutorship of Chris Heron, Founder of Shaping Change Ltd.
- Chris Heron, Founder of Shaping Change Ltd has over 17 years experience within the fitness industry and over 20,000 hours experience personal training, a varied cliental and continues to search out the most up to date information and qualifications. He believes strongly in continued education, investing heavily in his and his team and it’s knowledge.
3. Trainer’s Obligations (Subcontractors for Shaping Change Ltd)
- The Trainer will use his/her skills and knowledge to design a safe programme of exercise that will take into account your lifestyle, personal goals, fitness levels and medical history.
- The Trainer will provide the coaching, supervision, advice and support that you will need to achieve your goals. Apart from the initial consultation (and the first personal training session if taken immediately afterwards) each personal training session will last 60 minutes (a “Session”).
- You understand that the results of any fitness programme cannot be guaranteed. Your progress depends on your effort and co-‐operation in and outside of the sessions. In particular you acknowledge that individual results may vary and your Trainer guarantees no particular result.
- All Client information will be kept strictly private and confidential.
4. Your Obligations
- It is understood between you and your Trainer that both must commit to your training programme 100% effort in order for you to achieve results.
- You are required to arrive on time for each session so that the Trainer’s full training plan is achieved on each visit. We would recommend that you arrive 15 minutes before the session, carrying out any mobility exercises or foam rolling set by the trainer. This will make the most of your session.
- Please note that we always give as much attention and coaching in a session as we can and because we do, sometimes we run over, please be understanding and consider that you may need the same allowance one day. (This being said we will do our utmost to finish and start on time).
- You are required to wear appropriate clothing and footwear that is designed to exercise/train in. We are happy to make recommendations on footwear or clothing for training, if you need advice, please ask.
- You are required to complete a Physical Activity Readiness Questionnaire (a “PARQ”) before undertaking your first personal training session.
- Your Trainer may require a letter of ‘medical clearance’ from your GP. Please be aware that your GP may charge for providing this letter.
- You understand and agree that it is your responsibility to inform the Trainer of any changes to your medical questionnaire provided as well as notifying us of all medication you take.
- If your Trainer requires further medical information from a practitioner, you must provide such details.
- You understand that there are inherent risks in participating in a programme of strenuous exercise. If you sustain or claim to sustain any injury while participating in training, you acknowledge that the Trainer is not responsible, except where the injury was caused by his/her gross negligence or intentional act.
- Your Trainer cannot be held liable in any way for undeclared or unknown medical conditions.
- Payment for sessions must be made at the time of booking and prior to the commence of the first or only Session.
- Acceptable forms of payment are by prior agreement by: Internet bank transfer or cheque only. (Please note that cheque payments must be made 7 days before the first session to allow time for it to clear).
- Block bookings of Sessions must be paid for in advance BUT Sessions do not have to be scheduled at the time of booking.
- All Sessions must be used within 90 days of purchase (Unless otherwise agreed with Shaping Change Ltd).
- A minimum of 1 month’s sessions must be paid upfront. Minimum of 1 session per week.
6. Bookings, Cancellations and Refunds
- 24 hours notice of cancellation, postponement or amendment is required for all appointments, otherwise you will be liable for the session.
- If you want to postpone a session, we require 24 hours notice. If less notice is given we will try our best to accommodate the change. However, if we are unable, you will still be liable for the full cost of the session.
- If you want to amend an appointment, we require 24 hours notice. If less notice is given we will try our best to accommodate the change. However, if we are unable, you will still be liable for the full cost of the session.
- Notice of less than 24 hours will incur full payment of the full session fee.
- Once purchased, your Sessions are non-‐refundable and non transferable.
- All bookings and amendments must be made via email only to: firstname.lastname@example.org.
- All bookings are on a first come, first served basis.
- Where two or more clients require the same session time we will: a. Offer both parties another trainer, if available. b. Offer both parties a 20% discount to train with one another. If neither of these are suitable solutions then the first person that has booked and paid for the session will get the appointment.
- If you have a ‘regular’ session/ appointment time, it only guaranteed as ‘regular time,’ if paid for, monthly, in advance.
7. Lateness Policy
- If you are late the session cannot be extended and will end at the appointed time. We will never compromise the warm up element of a training session if you are late, we will always start with this to ensure you do not get injured. We will maximise the use of the time.
- If the Trainer is late additional time will be added to the session, if and when possible or to subsequent sessions.
- If you are running late, please call your trainer or the Albany Club to notify, as soon as you know.
- If your trainer is so late that you do not feel it worth it to commence a shorter session then we will give you a full refund for the session with no questions asked.
8. Health and Safety
- Your Trainer has completed and holds a current certificate for emergency first aid at work approved by the Health and safety Executive.
- Your Trainer has £5 million public liability insurance cover.
- This Liability section applies only to the extent permitted by law. For the avoidance of doubt, the Trainer does not exclude or limit any liability for: (a) personal injury (including sickness and death) where such injury results from his/her gross negligence or wilful default, or that of his/her, agents or subcontracts or (b) fraudulent misrepresentation.
- The Trainer and/or Shaping Change Limited (the “Company”) does not accept liability (except set out as below) for any errors and omissions and reserve the right to change information, specifications and descriptions of listed packages and services. The Trainer and/or the Company will use their reasonable effort to correct errors and omissions as quickly as practicable after being notified of them.
- The Trainer and/or the Company will only be liable for direct loss up to a maximum total of the price of the sessions and/or services purchased by the client in respect of any claim.
- The Trainer and/or the Company will only be liable for direct loss up to a maximum total of the sessions and/or services purchased by the Client in respect of any claim.
- The Trainer shall not be liable for any loss or injury attributable to:
i. the Client’s fault
ii. a third party unconnected with the provision of services provided by your Trainer; or
iii events which your Trainer, nor his/her suppliers or agents could have foreseen or forestalled, even if they had taken reasonable care.
- The Trainer is not liable for loss or damage to your property.
- The Trainer is not liable if you ignore his/her recommendation, at any time, to seek medical advice.
10. Intellectual Property
- Any marketing, educational or other materials, including the Company’s programmes and/or any variations thereto and its nutrition services materials, made available to you will at all times remain the property of the Company and is subject to copyright.
- You undertake to use such materials only for your own personal development and not to copy publish or reproduce any such materials.
- You understand that in the unlikely event of your Trainer being unable to continue your training for any reason, subject to availability you can have your sessions transferred to another similar Trainer if he/she agrees to take over his/her training or you can request a full refund from your existing Trainer for any unfulfilled sessions.
- The Trainer has the right to change these Terms and Conditions, for example, to be able to offer new services or as required by law. The Trainer will notify you of any change. When such a change(s) is made, if dissatisfied you can cancel this agreement once you have made payments already due to the Trainer.
- The Trainer may transfer (assign) all or part of this agreement to another trainer or organisation as long as your rights under this agreement are not materially reduced.
- You are responsible for keeping all your contact information and marketing preferences up to date with the Trainer. In order to comply with the Data Protection Act 1998, the Trainer will only do what you ask him/her to do, or what you have given him/her permission to do with any personal or sensitive information held about you.
- Your training may be filmed or pictures taken for marketing purposes. Your participation in a session means you consent to photography, filming and sound recording which may include you as a Client and its use in commercial distribution without payment copyright.