These Website Terms of Sale - Online Personal Fitness Training (B2C) are
designed for a personal fitness trainer ("trainer") to provide expert
physical fitness/wellness training and instruction to their clients. The training and instruction under the terms of this document is through provision of both online video streamed sessions which are live (one way or two way) or recorded (one way) and downloadable background and other materials. All of these sessions and materials are made available in return for a single Subscription payment.
The training and instruction might embrace any of the following examples: testing and assessment,
physical training, exercise, aerobic conditioning and training, weight
training, cardiovascular exercise, resistance exercise, use of training
equipment and machines, goal setting, exercise prescription, nutrition
advice, weight loss, muscle toning, strength building, development of
training plans, motivating, leading and instructing. For convenience all of these are referred to below as “training”. There is an attachment to the main body of the terms and conditions which
can be adapted according to the particular training and instruction offered.
The template provides that, for video streaming, the trainer and the client will use a cloud-based web conferencing
platform (such as Zoom). Most of the provisions specifically relating to use of a video
streaming platform are in the attachment. If a platform other than Zoom is
to be used, the attachment can easily be adapted as necessary.
The trainer may be a self-employed individual (sole trader), in which case
he/she will contract personally on these terms and conditions with the
client. However, where the provider is a company or partnership which
engages a trainer to provide the training, it will contract with the
client. In each case the client will be contracting as a consumer, not as a
business client.
This document provides for the Subscription to cover single or multiple video sessions and the accompanying downloadable background and other text/graphics/images.
Each video streamed session may be in any of the following formats:
(a) Live private one-to-one session which only one client can access. It is “two way” so that the trainer and client can see, hear and talk to each other. This session can be tailored to the needs of the particular client;
(b) Pre-recorded training session capable of being accessed at any time/s
by one or more clients. Its nature is such that it is a “one way” event
with no communication between client and trainer. This allows a client to
access the session on demand whenever it is convenient to him/her;
(c) Live “one way” session (where no client can communicate with the
trainer or any other client). This can be accessed by one or more clients
at the same time. If the live session is also recorded by the trainer, it
can then also be made accessible for clients as a session as outlined at
“(b) above;
(d) Live group class where a number of clients access it at the same time
and it is “two way” so that clients can, in real time, see, hear, and be
seen and heard by the trainer, and, if the trainer permits, each other.
(The trainer will probably want to limit the clients who can have access on
each occasion to a number which is manageable if, during the course of the
session, the trainer needs or expects to have substantial interaction with
clients in the online session).
These Terms of Sale anticipate that everything that the trainer sells on
these terms via its website will be online only. No tangible items such as books (or other materials) in paper form, CDs, or DVDs will be supplied on these
terms. This document is only suitable for online training/instruction. For training/instruction in
person at the trainer’s premises or client’s home, not online, please see
the Personal Fitness Trainer Terms and Conditions.
Under these Terms of Sale, the client has to set up an Account before
purchasing any sessions. He/she can do so without charge and without
committing to purchase any content. He/she can then purchase a
Subscription comprising video sessions and other materials offered on your website.
Each Subscription provides access
to a relevant session on a specific date (if live) or during a stated
period (if pre-recorded) as well as to the background and other materials. The sessions, dates and periods in each case
should be defined on your website in an appropriate place and confirmed in
the client’s order details.
These Terms of Sale guide the client through the order process, explaining
the formation of the contract between you and them for the Subscription,
also setting out details about the content and its availability and
provision, pricing, payment and licensing.
Particular attention should be given to descriptions when selling content. This should be reflected in the definition of “Paid
Content” and elsewhere in these terms and also in the information available
on the website or given to a client before they sign up for a Subscription.
Cancellation rights are addressed in detail in the terms, including the
14-day cooling off period granted to consumers under the 2013 Consumer
Contracts Regulations.
Further key provisions deal with liability, customer complaints (with
reference to complaints handling policies and procedures, templates for
which are also available from Simply-Docs), contact information, and data
protection.
This template applies only to the sale of content, leaving the
terms governing the use of the website itself to a separate document.
Optional phrases / clauses are enclosed in square brackets. These should be
read carefully and selected so as to be compatible with one another. Unused
options should be removed from the document.
These Website Terms of Sale - Online Personal Fitness Training (B2C)
contain the following clauses:
Background
1. Definitions and Interpretation
2. Information About Us
3. Contacting Us
4. Age Restrictions and Consumers only
5. Business Customers
6. Subscriptions, Paid Content, Pricing and Availability
7. Orders – How Contracts are Formed
8. Payment for Subscriptions
9. Provision of Paid Content
10. Licence
11. Problems with the Paid Content
12. Cancelling Your Subscription
13. Your Other Rights to End the Contract
14. Our Liability to Consumers
15. Complaints and Feedback
16. How We Use Your Personal Information (Data Protection)
17. Other Important Terms
18. Law and Jurisdiction
Attachment:
1. The Training
2. Use of [Zoom][Other online service delivery platform] web-conferencing
platform to access online training
3. The technology that We will be responsible for providing
4. The technology and other items that You will be responsible for
providing
5. Scope of what We provide: (1) Technology (2) Gym Equipment etc.
6. Account setup needed
7. Your responsibility for Your Account and its security
8. Your privacy and security on each occasion when You access training
9. Fitness, Health and Safety
10. Advising Us about Your Health etc
These Website Terms of Sale - Online Personal Fitness
Training (B2C) are in open format. Either enter the requisite details in
the highlighted fields or adjust the wording to suit your purposes.
Once you have purchased access to the appropriate document folder click on
the “Download Document” link below. You will be asked what you want to do
with the file. It is recommended that you save the document to a location
of your choice prior to viewing.