These Training Conditions apply between you and your Trainer to all Training Sessions booked by you. By making a payment and enrollment on the website www.worldtrainerchina.com (“Website”) run by World Trainer Fitness Group Limited (“World Trainer”). You agree that these conditions will apply to that Training Session.
These Training Conditions apply between you and your Trainer to all Training Sessions booked by you. By making a Booking on the website www.worldtrainer.fitness (“Website”) run by World Trainer Fitness Group Limited. (“World Trainer”) you agree that these conditions will apply to that Training Session.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Training Conditions, the following definitions apply:
Booking: means a request made by a Member for World Trainer to arrange a Training Session with a Trainer on the Member’s behalf.
Member: means a member of World Trainer.
Services: means the provision of Training Sessions by the Trainer to the Member.
Trainer: means the personal fitness trainer who agrees to provide a Training Session to you in accordance with these Training Conditions, or the network of personal fitness trainers which agrees to send a personal fitness trainer to provide a Training Session as its subcontractor.
Training Conditions: means these terms and conditions as amended from time to time in accordance with clause 11.7.
Training Fee: means the fee paid by a Member in respect of a Training Session.
Training Session: means a personal training session provided to the Member by the Trainer.
Website: means the website located at www.worldtrainer.fitness.
1.2 In these Training Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; and
(e) a reference to writing or written includes e-mails.
2. BOOKING TRAINING SESSIONS AND TRAINING FEES
2.1 Your Training Session will take place at the venue and at the time and date stated on your Booking confirmation.
2.2 The Training Fee for each Training Session will be payable in full upon submitting Booking on the Website.
2.3 You must pay the Training Fee to World Trainer, in accordance with the authorisation you have given World Trainer to debit your credit or debit card ("Payment Card"), or payment processing third party such as Stripe ("Payment Processor”), as applicable, for any fee payable in accordance with this Clause 2.
2.4 You confirm that you have not withheld any information, are fit to exercise and have no medical conditions or complaints that preclude exercise. You take full responsibility for any and all injuries that may arise from participation in exercise with Trainers.
3. CANCELLATION OF TRAINING SESSIONS BY YOU
3.1 If you wish to cancel a Training Session, you should inform World Trainer via the booking cancellation feature on the website.
3.2 If you cancel a Training Session:
(a) more than 24 hours before the time that the Training Session is due to be held, the Training Fee for that Training Session will be refunded;
(b) within 24 hours of the time that the Training Session is due to be held, you will not be entitled to a refund of the Training Fee for that Training Session;
(c) that was booked less than 24 hours before the start of the Training Session, you will not be entitled to a refund of the Training Fee for that Training Session.
3.3 You acknowledge that if you cancel a Training Session more than 12 hours after you receive a confirmation of Trainer being found by World Trainer, any concierge service fee payable by you to World Trainer will not be refunded.
3.4 If you are entitled to a refund, it will be paid to you within 14 days after the day on which you cancel. World Trainer will make the reimbursement using the same means of payment as you used for the initial transaction.
3.5 Training Sessions are non-transferrable and non-refundable.
4. CANCELLATION OF TRAINING SESSIONS BY THE TRAINER
4.1 If the Trainer needs to cancel a Training Session, the Trainer will endeavour to find a replacement Trainer and World Trainer will inform you of this on his/her behalf. If the Trainer is not able to find a replacement, you will be informed and refunded the Training Fee for that Training Session. Any such refund will be paid to you within 14 days after the day on which we cancel. World Trainer will make the reimbursement using the same means of payment as you used for the initial transaction.
4.2 If the Trainer is able to find a replacement, World Trainer will inform you of the replacement trainer via electronic means (sms or email). This could happen shortly before the start of Training Session.
5. TRAINING WITH US
5.1 The Trainer will be punctual and agrees that, if he or she is more than 15 minutes late for a Training Session, the Training Fee will be refunded.
5.2 If you are not punctual for the Training Session, you acknowledge that the Training Session may not be extended beyond the original finish time, and may therefore be shorter than the session booked.
5.3 Admission of Members and Trainers to any fitness facility premises is at all times at the sole discretion of the facility and the Trainer will have no liability where he/she is, or the Member is refused admission to a facility.
5.4 The Member will pay any fee that the facility charges for use by the Member or Trainer.
5.5 You acknowledge that you undertake use of facilities at your own risk, and that other than liability which cannot be excluded by law, no facility will be liable for any loss, damage or personal injury caused by use of the facility.
5.6 You undertake that all details you provide to the Trainer for the purpose of booking, ordering or purchasing Training Sessions are correct, that if any details change you will notify the Trainer promptly, and that the Payment Card or Payment Processor account you use from time to time is your own and that you have sufficient funds to cover the cost of the fee or Training Session.
5.7 You agree that the Trainer may upload the training routine used in your Training Session to the secure area of the Website, which may be accessed by World Trainer and by other Trainers that you may use. You acknowledge that this may include information about your health and injury status.
6. SUPPLY OF SERVICES
6.1 The Trainer will have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services.
6.2 Services will be provided in English (or in another language if agreed in advance).
6.3 The Trainer will provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Booking sand reasonable instructions from time to time.
7. COMPLAINTS PROCEDURE
7.1 If you have a complaint or would like to discuss any part of your Training Session or the services provided by the Trainer, please contact World Trainer at email@example.com.
8. MEMBER DEFAULT
8.1 If the Trainer's performance of any of its obligations under these Training Conditions is prevented or delayed by any act or omission by the Member or failure by the Member to perform any relevant obligation (Member Default), subject to clause 9.1:
(a) The Trainer will without limiting its other rights or remedies have the right to suspend performance of the Services until the Member remedies the Member Default, and will be excused performance of any of its obligations to the extent the Member Default prevents or delays such performance;
(b) The Trainer will not be liable for any costs or losses sustained or incurred by the Member arising directly or indirectly from the Trainer's failure or delay to perform any of its obligations as set out in this clause 8; and
(c) The Member will reimburse the Trainer on written demand for any costs or losses sustained or incurred by the Trainer arising directly or indirectly from the Member Default.
9. LIMITATION OF LIABILITY
9.1 Nothing in these Training Conditions will limit or exclude the Trainer's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation.
9.2 Subject to clause 9.1:
(a) The Trainer will not be liable to the Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any direct or indirect loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; loss of contract, loss of use, loss or corruption of data or information whether direct or indirect, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with the Services;
(b) The Trainer's total liability to the Member in respect of all other losses arising under or in connection with the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total value of the Training Fees paid in respect of a Training Session;
(c) The Trainer will have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Bookings or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from your late arrival or non-arrival, or any Member Default; and
(d) The Trainer will not be liable to you or be deemed to be in breach of these Training Conditions by reason of any delay in performing, or any failure to perform, any of the Trainer's obligations in relation to the Services, if the delay or failure was due to any cause beyond the Trainer's reasonable control.
9.3 Except as expressly set out in these Training Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Training Conditions.
9.4 This contract for the provision of Training Sessions is made with the relevant Trainer only. World Trainer provides booking services for the Trainer and, unless expressly provided otherwise, all your rights and remedies with respect to a Training Session are against the Trainer. World Trainer may enforce this Clause.
9.5 This clause 9 will survive termination of these Training Conditions.
10. COMMENCEMENT AND TERMINATION
10.1 These Training Conditions will take effect and be binding upon you and the Trainer upon your submission of a Booking on the Website. These Training Conditions will be applicable for as long as you use the Services, and will only cease to have effect after you cease using the Services.
10.2 You agree that your only rights and remedies under these Training Conditions will be against the Trainer and no other entity or person.
11.1 The Trainer reserves the right to refuse to provide the Services should any payment due under these Training Conditions not be received.
11.2 You acknowledge that your payment of the Training Fee constitutes your express request for the Trainer to supply you with the Services.
11.4 Assignment and subcontracting: Neither party may at any time assign, mortgage, transfer, charge, declare a trust over, subcontract or deal in any other manner with all or any of its rights under these Training Conditions, except that if the Trainer is a network of personal fitness trainers, it may subcontract or delegate in any manner any or all of its obligations under these Training Conditions to any fitness trainer that is a member of the network.
(a) A waiver of any right under these Training Conditions is only effective if it is in writing and will not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these Training Conditions or by law will constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy will preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under these Training Conditions are cumulative and do not exclude rights provided by law.
(a) If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
(b) If any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
11.7 Variation: The Trainer may vary these Training Conditions from time to time and will notify you of any changes in a timely manner. Notification will be by some or all of the following: the Website, by Email or by phone. Your continued use of the Services constitutes acceptance of such variations to these Training Conditions.
11.8 Entire Agreement:
(a) This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Subject to Clause 9.1, each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
(c) No partnership: Nothing in these Training Conditions is intended to, or will be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent or subcontractor of another party for any purpose other than where expressly stated. Except where expressly stated, no party will have authority to act as agent or subcontractor for, or to bind, the other party in any way.
(d) Third parties: Except as expressly set out in Clause 9.4, a person who is not a party to these Training Conditions will not have any rights under or in connection with them.
(e) Governing law and jurisdiction: These Training Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), will be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales, including in respect of non-contractual disputes or claims.