Website Terms of Sale - Online Personal Fitness Training (B2C)

Website Terms of Sale - Online Personal Fitness Training (B2C)

BS.WEB.TCZ.04

These Website Terms of Sale - Online Personal Fitness Training (B2C) are designed for a personal fitness trainer ("trainer") to provide expert physical fitness or wellness services online for their clients.

Training 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 such services 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 services offered but in every case the training is through the medium of online video streaming of sessions which are live (one way or two way) or recorded (one way).

The video streaming is made available via a cloud-based web conferencing platform (such as Zoom). 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 either a single session or a series/package of training sessions to be purchased. It also provides for text/graphics items to be downloaded (at any time after any session/s have been purchased) without further charge.

Each session may be in any one or more of the following video-streamed formats:

(a) 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; or

(b) 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; or

(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 “(a) above; or

(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 need 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 will be via its website, will be digital content, and will be provided online. No tangible items such as books, CDs, or DVDs will be supplied on these terms. This document is only suitable for online training. For training 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 digital content. He/she can then purchase a Subscription comprising any online sessions offered on your website. So, for example, a Subscription might comprise a particular single live or pre-recorded session or a package/series of live and/or pre-recorded sessions. The Terms of Sale provide that each Subscription provides access to a relevant session on a specific date (if live) or during a stated period (if pre-recorded). 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 digital content and its availability and provision, pricing, payment and licensing.

Particular attention should be given to content descriptions when selling digital 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 digital 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.

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