Terms and Conditions

The Supplier shall provide the Services to You either through the Coach or through a person appointed and working under the Coach’s instructions.

The Supplier may at any time without notifying You make any changes to the Services which are necessary to comply with any applicable safety or other legal requirements, or which do not materially affect the nature or quality of the Services.

Subject to clauses 2.5 and 2.6 below, the number of Sessions for each month that You have purchased must be used up within that month.  Unused Sessions for that month may not be carried forward to the following month.  No refunds are given for any number of unused Sessions for any calendar month.

You may cancel a Session on any occasion by giving the Supplier not less than 24 hours’ prior notice. You must:

You may reschedule any cancelled Session within 24 hours of the cancelled Session, failing which You will lose the right to reschedule the cancelled Session.

Alternative dates and times for a rescheduled Session are subject to availability. The alternative date requested must be a date within the same calendar month as the cancelled Session.

Where You fail to attend a Session having given the Supplier less than 24 hours notice of Your intended non-attendance, You must, within 24 hours of the unattended Session, request that the Supplier reschedule the unattended Session.  The Supplier may, at its absolute discretion, choose not to reschedule the unattended Session in these circumstances.

Sessions will begin promptly.  If you arrive at the Premises any later than 15 minutes after the start of the Session You will not be able to attend that Session, and must arrange an alterative date for a rearranged Session with the Supplier.  Rearranged Sessions must be within the same calendar month as the original Session, and are subject to availability.

The Supplier reserves the right to alter the dates and times on which the Supplier provides the Services on any occasion by giving to You not less than 24 hours notice (except in the case of emergency).

You must provide the Supplier with specific information about Your health which the Supplier requests before You begin the Programme.

The Supplier reserves the right to refuse to provide any or all of the Services on any occasion, without incurring liability to You, if in the Supplier’s reasonable opinion:

You are not medically fit to participate in the Programme;

You are not fit and able to participate in a particular Session; or

You have not provided the Supplier with full and accurate information about Your health and medical history.

The Programme is designed to help You achieve your fitness goals.  Results depend on Your co-operation with the requirements of the Programme before, during and after Sessions. Results of participation in the Programme vary between clients and cannot be guaranteed.  You must keep to the Programme and not alter the Programme in any way without obtaining the Supplier’s approval.  The Supplier is not liable for the failure in whole or in part of the Programme due to Your act or omission.

The Supplier reserves the right to change the venue at which the Services are to be provided upon giving You not less than 14 days’ notice.  This right will only apply if the new venue is located within a radius of 8 miles of the property where the Services are provided on the date on which this Agreement commences.

Free sessions can only be used within the current membership and cannot be used if a membership has expired

Term, Fees and Payment

Subject to any special terms agreed between the Supplier and You, You shall pay the Fee to the Supplier monthly in advance by direct debit on the 1^st day of each month.

If payment of the Fee is not made on the due date, the Supplier shall be entitled, without limiting any other rights the Supplier may have, to cancel or to suspend provision of further Services until payment is made. Any Sessions which the Supplier cancels as a result of late payment of the Fee by You will not be rearranged and You will not be entitled to attend those Sessions at a later date.

The Fee is fixed for the Initial Period. Following the expiry of the Initial Period the Supplier may vary the Fee from time to time by giving You not less than one month’s notice in writing.  The revised Fee is payable from the date on which it comes into effect.

Payment under this Agreement is to be by direct debit for all categories of membership.  If You wish to pay by another method, You may do so only with the consent of the Supplier.

Except as provided for under clause 5.1 no refunds will be offered to You in relation to any sum paid by You to the Supplier under the terms of this Agreement.

Warranties and Liability

You warrant that You are 18 years of age or over, or, where You are aged 16 or 17, a properly signed parental consent form allowing You to participate in the Programme and Sessions has been provided and is attached to this Agreement.

You warrant that You are fit and able to participate in the Programme and Sessions or (if applicable) that You have obtained medical advice that You will be able to participate in the Programme and Sessions.  You must obtain clearance from Your GP to participate in the Programme and Sessions in respect of any ongoing medical condition.

You accept that the Coach has no medical qualifications and that it is Your responsibility to obtain medical advice in respect of the Programme recommended by the Supplier before undertaking the Programme regime.

The Supplier warrants to You that the Services will be provided using reasonable care and skill and, as far as reasonably possible, at the intervals and within the times referred to in the Schedule.

Except in respect of death or personal injury caused by the Supplier’s negligence, for which the Supplier shall be fully liable, or as expressly provided in these Terms, the Supplier shall not be liable to You by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Agreement, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Supplier’s negligence or that of the Supplier’s employees or agents or otherwise) which arise out of or in connection with the provision of the Services (including any delay in providing or failure to provide the Services), and the Supplier’s entire liability under or in connection with the Agreement shall not exceed the total amount of the Fee paid to the Supplier by You under this Agreement.

You accept that there are risks attached to participating in the Programme and Sessions.  Except where caused by the Supplier’s negligence, the Supplier shall not be liable for injury sustained by You while participating in the Programme and Sessions.

The Supplier shall not be liable to You or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Supplier’s reasonable control.

Should a dietician be involved, You shall contract with the dietician on the dietician’s terms and that will constitute a separate contract from this Agreement.

Duration and termination of the Agreement

Where Consumer Protection (Distance Selling) Regulations 2000 are applicable, You have a right to cancel this Agreement within seven working days beginning with the day after the day on which this Agreement is concluded. If You wish to cancel the Agreement, You must let the Supplier know in writing by letter, fax or email.  The Supplier will provide You with a full refund of the Fee paid within 30 days from the date on which You give it notice of cancellation.

Subject to clause 5.1, this Agreement shall be for the duration of the Initial Period.  During the term of this Agreement, and subject to clause 5.1, You may only terminate the Agreement under this clause 5.2 upon giving the Supplier 30 days notice of Your intention to do so by means of a Termination Request Form (available on request from the Supplier) and providing proof to the Supplier that You;

Have moved outside a twenty-mile radius of the Premises by providing the Supplier with a utility bill, or any other official document addressed to You stating Your new address;

If you are unable to attend due to medical reasons by providing the Supplier with a copy of the medical note from the doctor, written on letter headed paper, detailing Your continuing inability to attend the sessions for a period of not less than a month;

have been made redundant, by providing the Supplier with a letter from Your former employer, written on letter headed paper, detailing the termination of Your employment.

Where You give notice to the Supplier of Your intention to terminate the Agreement under clause 5.2, the Supplier will continue to provide the Services and You will continue to pay the Fee payable for Your Membership Level until the expiry of the 30 day notice period referred to in clause 5.2.
Either party may (without limiting any other remedy) at any time terminate the Agreement by giving notice in writing to the other party if the other party commits any breach of these Terms and (if capable of remedy) fails to remedy the breach within 14 days after being required by notice in writing to do so.

Upon termination of this Agreement, except where termination occurs under clause 5.1, You shall immediately pay the Supplier all outstanding payments of the Fee, if any.

After the Initial Period, the contract will self-renew on a monthly rolling basis. You may terminate the Agreement once it is in the rolling phase upon giving the Supplier 30 days’ notice of Your in intention to do so by means of a Termination Request Form (available on request from the Supplier).

Upgrading Membership Level

You may upgrade Your Membership Level to a higher grade of membership offered by the Supplier by giving to the Supplier 30 days’ notice of your intention to do.  At the end of this 30 day notice period the Supplier will start providing the Services applicable to the higher grade of membership which You have selected.

Where You give the Supplier notice under clause 6.1, You shall continue to pay the Fee applicable to Your Membership Level before you gave notice until the 30 day notice period has expired and thereafter You will pay the Fee applicable to the higher grade of membership which You have selected.

General

The Terms and the Schedule constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

A notice required or permitted to be given by either party to the other under the Agreement that is stated to be in writing may be served personally or by recorded delivery and addressed to the other party at the address given in the Agreement or such other address as may at the relevant time have been notified to the party giving the notice.  A notice shall be deemed to have been served, if it was served in person, at the time of service and, if it was delivered by recorded delivery, 48 hours after it was posted.

If at any time the information provided to the Supplier by You becomes subject to change, and You are aware of that change, You must communicate notice of that change to the Supplier as soon as that is practicable.

If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

Neither the Supplier nor You may assign the benefit of the Agreement without the prior written consent of the other party.

A person who is not a party to the Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the Agreement.

English law shall apply to the Agreement, and the parties agree to submit to the exclusive jurisdiction of the English courts.

Data protection

The personal information that the Supplier collects from You is used to enable the Supplier to provide You with the Services.  The Supplier may also use this personal information to contact You from time to time to notify You of any changes to the Services and to request Your feedback on the quality of the Supplier’s Services.  The Supplier will retain Your personal information for a reasonable period only or for as long as the Supplier is required to do so by law.

The Supplier will disclose Your personal information to a bank or to a payment company for the purpose of setting up a direct debit for payment of the Fee.

You consent to the Supplier disclosing Your comments and testimonials as well as videos, images and photographs taken of You during the Sessions for publicity and/or promotional purposes.

In compliance with the Supplier’s obligations under the Data Protection Act 1998, the Supplier has security measures in place to protect Your information from unauthorised access or unauthorised use and from accidental loss, destruction and damage.  Please contact the Supplier if You would like further information on the Supplier’s security measures.

You have a right to check the information that the Supplier holds about You and You are entitled to ask the Supplier to change, correct, update or remove any or all of that information.  If You wish to do this, please contact the Supplier and the Supplier will make the necessary changes.  The Supplier is entitled to charge a fee not exceeding £10 for providing You with details of the information that the Supplier holds.

If You have any comments, questions or requests regarding the Supplier’s use of Your information, please contact the Supplier at Central House, Catteshall Lane, Godalming, Surrey, GU7 1LG, telephone 01483 801150 or e-mail info@phoenixprofitness.com.