Personal Fitness Trainer Terms and Conditions
These Personal Fitness Trainer Terms and Conditions are designed for use where a personal trainer provides any fitness training services for an individual client. (If the services are to be provided online rather than face to face, you should instead use the Website Terms of Sale - Online Personal Fitness Training (B2C) template in our Online Professional Services Website Terms of Sale (B2C) subfolder.)
The definition of “Services” in this template contains a long list of possible services that a personal fitness trainer might offer, but you will need to amend the list to reflect the particular services which you offer. When each client books a session or package of sessions with you and/or agrees a training plan with you, you will also need to agree in detail what exactly you will provide for the client.
Whilst these terms are designed primarily for use to provide services at the trainer’s own premises, they may also be used where the training services are provided at the client’s home or other premises.
This document is suitable for use by any personal fitness trainer whatever the size of the enterprise. Typically the trainer will be a sole trader and he/she will contract personally on these terms with each client who books a session. However, where a company or partnership engages a trainer to provide personal fitness training to its clients, the company or partnership will contract with the client on these terms.
The template assumes that the trainer has relevant qualifications. In particular, it includes a statement detailing his/her professional registration and accreditation as a personal fitness trainer, but you will need to adapt the wording to suit your individual case.
These terms require each client to be registered with the trainer prior to booking any training session. The client does not pay any registration or other initial or periodic fee, but only pays for a session or package of sessions. The client pays a fee in advance for each session he/she books (booked as a single session or as part of a package of sessions). The template requires each session, whether or not it is part of a package of sessions, to be booked for a date within a limited time after payment is made.
By paying for a package of sessions (typically 5-20 sessions) the client will usually receive a discount per session relative to the “one off” session price. These terms assume that package bookings attract such a discount. However, if you only wish to allow payment and booking for single sessions and to exclude any option for the client to pay for a package of classes at a discount, you should adapt the template accordingly by deleting the relevant words in square brackets.
Designed to be as flexible as possible, this template contains a number of optional clauses and/or phrases. Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so that they are compatible with one another. Unused options should be removed from the document.
These terms should be used only where the client booking a session is a “consumer” as defined in the Consumer Rights Act 2015 (i.e. an individual who receives services or uses facilities for his/her personal use and for purposes wholly or mainly outside the purposes of any business of that individual or another). The terms are suitable for use where the contract is an “on premises”, “off premises” or “distance” contract as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The Regulations require you to supply certain information to clients who are consumers before they book any session/s. Where the contract is an “off premises” or “distance” contract, the Regulations also confer on the client certain rights to cancel the session/s booked and we have set these out in the terms themselves.
These terms and conditions are not suitable where a trainer works with a group. For groups, you might find one of our two sets of Fitness Terms and Conditions in this subfolder can be adapted to meet your needs.
Where you provide gym facilities or equipment, or yoga, pilates, or dance training / instruction, and not personal fitness training, you should instead use one of the other sets of Terms and Conditions which you can find in this subfolder.
These Personal Fitness Trainer Terms and Conditions contain the following clauses:
1. Definitions and Interpretation
3. Booking and Cancellation of Training Sessions, and Consumer Rights
4. Fees and Payment
5. Eligibility to receive a Training Session
6. Fitness, Health and Safety
8. Events beyond our reasonable control
9. Limitation of Liability
10. Changes to Terms and Conditions
11. How We Use Your Personal Information (Data Protection)
15. No Waiver
17. Law and Jurisdiction
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