Terms and Conditions

PHIL HAMES PERSONAL TRAINER (“PHIL”)

By purchasing exercise sessions or an exercise package from Phil, you agree to the following terms and conditions (the “Contract”).

Please read them carefully.

 TERMS AND CONDITIONS

1. Supply of service

  • Phil shall supply to you a bespoke programme of exercise taking into account your:
    • medical history;
    • fitness;
    • personal goals; and
    • lifestyle

    (the  “Service”)

    • Phil shall provide the Service either through:
      • a programme of exercise in individual sessions lasting for 45 minutes (“Sessions”) ; or
      • a programme of exercise of multiple Sessions (the “Package”).
      • Phil is a sole trader and you are entering into a contract with him alone.
      • Phil will hold a valid policy of public liability insurance.
      • Phil warrants to you that the Service will be provided using reasonable care and skill.

    2. Customer's obligations

    You shall:

      • complete a Physical Activity Readiness Questionnaire (PAR-Q) and Informed Consent and Release and Waiver (ICRW) before starting any Session or Package;
      • disclose to Phil any changes in medical conditions, injuries and health status throughout the duration of the Session and/or the Package;
      • if requested, provide a GP letter confirming you are fit to undertake a Session and/or Package;
      • make full payment for the Session and/or the Package in advance using credit card via the website or by internet bank transfer using details provided by Phil.
      • provide at least 12 hours’ notice to Phil in the event any Session needs to be rescheduled or cancelled;
      • arrive at any Session promptly in appropriate clothing and equipment;
      • in the event a Session is conducted at your premises, provide a safe training environment;
      • promptly update Phil with any change in your contact information and marketing preferences; and
      • agree to any Session being filmed or photographed from time to time for teaching or marketing purposes.
    If Phil’s performance of any of his obligations under the contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Default):
    • without limiting or affecting any other right or remedy available to it, Phil shall have the right to suspend performance of the Service until you remedy your Default; and
    • Phil shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from Phil’s failure or delay to perform any of his obligations.

      You represent to Phil and warrant to him that you have not, within the 6 months prior to this Contract, been a guest, member, client or customer of a David Lloyd Club, being a club operated by David Lloyd Leisure Group Ltd (company number 6261643).

      3. Cancellations and refunds

      3.1 You acknowledge and accepts

      (a) If the Sessions are part of a Package, the Package can only be refunded if the Package is entirely unused; and

      (b) unless 12 hours’ written notice is provided by you to Phil before the start of a Session to cancel or reschedule, the Session will be forfeited, and no refund will be provided.

        4. Intellectual property rights

        4.1. All Intellectual Property Rights in or arising out of or in connection with the Service (other than Intellectual Property Rights in any materials provided by you), including any training plans made available to you, shall be owned by Phil. You agree not to copy, publish, reproduce or distribute such Intellectual Property Rights.

        4.2. For the purpose of this Contract, Intellectual Property Rights shall mean: patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

        5. Limitation of liability

        YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

        • Phil has obtained insurance cover in respect of certain aspects of his own legal liability for individual claims not exceeding £10,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover Phil has been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.
        • References to liability in this clause 5 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
        • Neither you nor Phil may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from deliberate default.
        • Nothing under this clause 5 shall limit your payment obligations under the Contract.
        • Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
          • death or personal injury caused by negligence;
          • fraud or fraudulent misrepresentation; or
          • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
        • Subject to clause 3 and clause 5.5, Phil’s total liability to you:
          • for loss arising from Phil’s failure to comply with its data processing obligations under clause 7 below shall not exceed £1,000 and
          • for all other loss or damage shall not exceed £1,000.
        • Subject clause 3 and clause 5.5, this clause 5.5 sets out the types of loss that are wholly excluded, being:
          • loss of profits;
          • loss of sales or business;
          • loss of agreements or contracts;
          • loss of anticipated savings;
          • loss of use or corruption of software, data or information;
          • loss of or damage to goodwill; and
          • indirect or consequential loss.
        • Phil has given commitments as to compliance of the Services with relevant specifications in clause 1. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
        • Unless you notify Phil that you intend to make a claim in respect of an event within the notice period, Phil shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 6 months from that date.  The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
        • This clause 5 shall survive termination of the Contract.

        6. Termination

        • Without limiting its other rights or remedies available to it, Phil may terminate the Contract with immediate effect by giving written notice to you if you:
            • fail to pay any amount due under the Contract on the due date for payment;
            • commit a material breach of any term of the Contract and (if such breach is remediable) fail to remedy that breach with 30 days of your being notified in writing to do so.
        • Without limiting its other rights or remedies, Phil may suspend the supply of the Service under the Contract or any other contract between you and Phil if you fail to pay any amount due under the Contract on the due date for payment.
        • Termination or expiry of the Contract, however arising shall not affect any of your or Phil’s rights and remedies that have accrued as at termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
        • Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

        7. Data Protection

        In order to comply with the Data Protection Act 1998, Phil will only do what you ask him to do, or what you have given him permission to do with any personal or sensitive information held about you.

        8. General

        • Force majeure Neither you nor Phil shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any obligation under the Contract if such delay or failure results from events, circumstances or causes beyond its reasonable control. The time for performance of such obligations shall be extended accordingly.  If the period of delay or non-performance continues for 1 month, either you or Phil, if the unaffected party, may terminate the Contract by giving 14 days’ written notice to the other.
        • Variation Phil has the right to change this Contact, for example to be able to offer new services or as required by law. Phil will notify you of any changes.  If you disagree with any change, you can cancel the Contract, if you have already made all payments due to Phil under it.
        • Third party rights Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
        • Governing law The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
        • Jurisdiction You and Phil irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.