In the below Terms and Conditions the terms “personal training instructor”, “trainer” and “PT” refer to employees of Sean Burgess Fitness ™. The term “PT” may also be used as short hand for “personal training” as well as “personal trainer” dependent on the context of the sentence. The terms “client”, “you” and “your” refer to the person or organisation to whom we supply a service to.
Terms & Conditions are available in PDF format,
please click here to download a copy.
Your personal training instructor will use their skills and knowledge to design a safe programme of exercise that will take into account your lifestyle, personal goals, fitness levels and medical history. Exercise levels will be progressive and regulated by the personal trainer. The personal 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 unless agreed otherwise.
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 training sessions. In particular you acknowledge that individual results may vary and no particular result is guaranteed by your personal trainer.
All client information will be kept strictly private and confidential.
It is agreed between you and your trainer that both parties must fully commit to your training programme in order for you to achieve maximum results.
To further ensure you achieve your goals you are required to arrive on time for each appointment so that the trainer’s full training plan can be completed on each visit
When required arrive a minimum of 10 minutes before the appointment to warm up and be prepared to stay on for a further 10 minutes following the session to cool down and stretch.
The client is required to wear appropriate clothing and footwear.
– Clothes should be loose fitting and non-restrictive.
– Footwear should be comfortable and provide adequate support.
When required provide all relevant information relating to your nutrition to help the trainer devise an appropriate eating plan.
You are required to complete a Physical Activity Readiness Questionnaire (“PARQ”) or provide evidence of completing a ‘PARQ’ before undertaking your first personal training session.
A letter of ‘medical clearance’ from your GP may be required. Please be aware that your GP may charge for providing this letter.
It is your responsibility to inform the trainer of any current or on-going conditions or changes to your health which might affect your ability to exercise safely and with minimal risk of injury.
Be prepared to provide further health information from your medical practitioner, if required by your trainer.
You acknowledge and 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 (carelessness) or intentional act.
Your trainer cannot be held liable in any way for undeclared or unknown medical conditions.
Session Cancellation Policy
Notification of cancelled appointments must be made in excess of 24 hours in advance of the session start time. Failure to do so will incur a cancellation fee equivalent to the full price of that session and/or the loss of that session from your booked course. For early morning clients the cancellation policy does apply to the night before a session.
Emergency cancellations will be dealt with at the discretion of the trainer.
Re-arranging a Session
At least 24 hours’ notice is required to re-arrange a pre-booked session; this can only be done if the trainer has the availability to accommodate you at another time.
If the trainer is unavailable to re-arrange the session, the appointment would either need to be kept or be cancelled.
If the client is late for a training session, the appointment cannot be extended and will end at the pre-stated time.
If the trainer is late additional time will be added onto the session or to subsequent future sessions.
If the client arrives more than 20 minutes late for a scheduled appointment, the trainer may leave the premises and the appointment may be cancelled.
Fee Charging Policy
Payment for each pre-booked session or bulk of sessions must be made at the time of booking.
Cheques should be made payable to SB Fitness. For bank transfers I will provide you with the required account details.
Package Deal Bookings
Failure to provide appropriate notice (24 hours) four or more times during the same 5, 10 or 20 week period, will require you to go to the end of the waiting list when additional package deals.
Long Term Absences – Injury, Illness, Pregnancy & Other
Long term absence will be dealt with fairly and on an individual basis. Sessions can be retained until the time when you are well enough to train again. If you are unable to return to the original or amended version of the training programme after an agreed period of time (6 months or more) the sessions may be transferred to another suitable person or refunded. (see below for refund structure)
Contract Cancellation & Refunds Policy
If you decide to cancel your chosen package deal, you will be refunded in the following manner:
100% refund of remaining session if a cancellation takes place within 14 days of purchasing a package deal
50% refund of remaining session if a cancellation takes place after 14 days and before 28 days from date of purchasing a package deal
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. In addition your trainer has public liability insurance covering up- to £5 million pound in costs.
If your trainer conducts the sessions on your premises you are responsible for providing a safe exercise environment.
It is understood that in the unlikely event of your trainer being unable to complete your training sessions, you can request a full refund 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. In such a circumstance the trainer will notify you of any change. If such a change(s) is made and you feel dissatisfied you can cancel this agreement once you have made any payments already owing to the trainer.
Any marketing, educational documents or other materials such as resistance and nutrition programmes, provided by the Company (SeanBurgessPT) made available to you will at all times remain the property of the Company and is subject to copyright.
Such intellectual property is passed on for your own personal development and not to copy, publish or reproduce in any form.
Sensitive Information / Filming Rights
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 act on what you have given permission for them to do with any personal or sensitive information held about you.
In some circumstances the trainer may request to film your training or take pictures for either marketing purposes or to aid fitness development. If you consent to photography, filming and sound recording which may include you as a client it can be used in commercial distribution without payment or copyright being owed.
This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts.
FUTURE PAY (RECURRING PAYMENTS)
What are Futurepay payments and fow do they work?
Sean Burgess Fitness, recurring payments are made through WorldPay http://www.worldpay.com/uk and through a service called FuturePay. This is an internet-based equivalent of traditional standing order and direct debit facilities.
With Futurepay, you arrange to get funds debited from your card, rather than from your bank account.
Once an agreement is created, you can view payments in the Shopper Management System (SMS) on the WorldPay website.
To login to the Shopper Management System, please see this guide
Please note, any contract is between you and Sean Burgess Fitness Limited rather than with WorldPay.
How often will Futurepay payments be made?
Future payments made with Sean Burgess Fitness Limited will be made in either weekly or monthly instalments, depending on the service you purchase. Full details of future payments are provided on any product or service listed in our online store where applicable.
How to cancel any Futurepay agreement
A Recurring Payments (FuturePay) agreement can be cancelled by you or Sean Burgess Fitness Limited.
WorldPay is unable to cancel your order/agreement or to provide you with a refund.
To cancel the agreement yourself:
- Log in to the Shopper Management System. For more information on logging in, please refer to this link: http://support.worldpay.com/support/shopper/kb/shoppermanagementsystem/sms3100.html
- The Recurring Payments (FuturePay) Shopper Home page is displayed.
- Under the Agreement ID column, select the hypertext displaying the Agreement ID for the agreement you want to cancel.
- The Recurring Payments (FuturePay) Agreement Details page is displayed.
- Double check that the agreement on your screen is definitely the agreement you want to cancel.
- Select Cancel
- The Cancellation Confirmation page is displayed.
- Select the Yes button to cancel the agreement. If you do not wish to cancel the agreement, select either the Go back to agreement or Go back to home page
Please ensure that if you have more than one agreement, you select the correct agreement to cancel. Once an agreement has been cancelled it cannot be reinstated. If you cancel the wrong agreement, please contact the online store you held the agreement with and ask them to set up a replacement agreement. Unfortunately WorldPay cannot set up a new agreement for you.
For additional information about Futurepay, please see: https://support.worldpay.com/support/kb/bg/recurringpayments
This Liability section applies only to the extent permitted by law. For the avoidance of doubt, the trainer and/or company 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 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 does 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 SeanBurgessPT.com website or services purchased from the trainer and/or the company.
The trainer and/or the company will only be liable for direct loss up to a maximum total ofthe price of the sessions and/or services purchased by the client in respect of any claim.
The trainer and/or company 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 and/or company are not liable for loss or damage to your property.
The trainer and/or company are not liable if you ignore his/her recommendation, at anytime, to seek medical advice.