Terms & Conditions
These Terms and Conditions form part of your agreement with The Performance Project. Your instructions to commence personal training will constitute acceptance of these Terms and Conditions when you will become a client. You are asked to pay special attention to the provisions related to liability and cancellations. This does not affect your statutory rights.
Your Trainer is a fully qualified personal trainer (recognised by the Register of Exercise Professionals as at least Level 3).
- You are required to arrive on time for each Session so that the Trainer’s full training plan is achieved on each visit. • You are required to wear appropriate clothing and footwear.
- 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 conditions or changes to your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury.
- 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.
- 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 no particular result is guaranteed by your Trainer.
- Your Trainer cannot be held liable in any way for undeclared or unknown medical conditions.
- Acceptable forms of payment are: Internet bank transfer, direct debit, or cash paid directly to The Performance Project.
- Sessions must be paid for in advance BUT Sessions do not have to be scheduled at the time of booking.
Cancellations & Refunds
- 24 hours’ notice of cancellation or postponement is required for all appointments.
- Notice of less than 24 hours will incur full payment of the full Session fee.
- Unforeseen events will be taken into consideration on the day.
- Once purchased, your Sessions are non-refundable and non-transferable.
- If the client is late to the Session it cannot be extended and will end at the appointed time.
- If the Trainer is late additional time will be added to the Session or to subsequent Sessions.
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 subcontractors or (b) fraudulent misrepresentation. The Trainer and/or The Performance Project does not accept liability (except as set out 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 Performance Project do not accept any liability whatsoever for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the The Performance Project’s website or services purchased from the Trainer and/or The Performance Project or any other damage howsoever caused. The Trainer and/or The Performance Project 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 shall not be liable for any loss or injury attributable to: the client’s fault; A third party unconnected with the provision of services provided by your Trainer; or 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.
- Any marketing, educational or other materials, including The Performance Project’s programmes and/or any variations to their nutrition material, made available to you will at all times remain the property of The Performance Project 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 Performance Project has the right to change these Terms and Conditions, for example, to be able to offer new services or as required by law. The Performance Project will notify you of any change. When such a change(s) is made, if dissatisfied you can cancel this agreement once you have made any payments already due to The Performance Project.
- Your training may be filmed or pictures taken for marketing purposes only. 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, with prior permission, without payment or copyright,.
- The Trainer may transfer (assign) all or part of this agreement to another trainer within the 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 Performance Project. 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.
This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts.