TERMS AND CONDITIONS
(updated on 1st June 2019)
The Terms and Conditions are set between #BreakingRecords Fitness and it's clients. The company is registered as Sole Trader use under HMRC regulations. The company provides services from Strength and Conditioning and Express Group Training to support customers with and/or without Membership of #BreakingRecords Fitness. References to events or programmes or courses in this Terms and Conditions are references to 1:1 and group sessions. You Hereby acknowledge and agree that you have read all the terms and conditions and you agree that any of the services that you utilise together with these Terms and Conditions form a contract between you and #BreakingRecords Fitness. The customers that utilise services available are those persons who obtain access of #BreakingRecords Fitness by:
- Making a Booking for Strength and Conditioning 1:1 Personal Training
- Biomechanics and Performance Testing
- Strength and Conditioning Sessions or Programming
- Making a Booking on the Bookings Website
- For all Customers only via Strength and Conditioning Courses and Workshops
- For Non-Members only via Fitness Classes for Express Group Training
- For Members only via Facebook Group/Communication lists for Express Group Training
- Signing up a Membership in full of the fee in accordance with the agreement
- Only persons aged 18 years old or over and who are able to enter into a binding agreement are eligible to become Customers of the Company. Anyone aged 18 years old or under and have a parent/guardian that have full responsibility of their own will still be eligible to become Customers of the Company until they have reached their 18th Birthday under DBS and Safeguarding Checks being obtained once every 3 years.
Agreement: By joining as a Customer of the Company you agree to be bound by this Agreement and that the contents here of will govern your relationship with the Company. This agreement informs you of the terms and conditions applicable to your customers-ship of the Company. Before you decide to join the Company as Customer it is important that you:
- Read these terms and conditions carefully and make sure that you take special note of the cancellation and refund policy, the limitation of liability and your release contained in the Agreement
- Retain a copy of the Agreement for your future reference
Definitions: #BreakingRecords Fitness, the company or us means #BreakingRecords Fitness. Please carefully read the following terms and conditions relation to your participation in the Company's services. By registering for or purchasing at any of the services provided you (the Buyer) signify your acceptance of and obligation to these terms and conditions. If you have objections to the following Terms and Conditions, you should not register for or purchase our services provided.
Buyers Conduct: The company requires all buyers to be respectful and professional to all services provided delivered by #BreakingRecords Fitness and it's staff, and other customers and their guests or families throughout one of the following services provided. The company reserves the right to ask the buyer and/or their guest to leave with immediate effect should they be deemed rude, uncooperative, unprofessional, intoxicated or in possession of alcohol or any illegal substance. In such case, the Buyer's purchase of the services provided will not be reimbursed under any circumstances and they will not receive or qualify any of our advertised offers.
Disclaimers: By law we can only guarantee your satisfaction with your progress and training, not your results. Our services are for everyone to utilise only. As stipulated by law, we make no guarantees that you will do well to achieve the fitness goals or improve overall health and wellbeing, and we offer no professional, legal, therapeutic, or financial advice. Our training cannot replace or substitute for the services provided in any field, including, but not limited to, financial, health, or legal matters. We do not purport anything we do or offer as a "quick fix scheme", and any secret fads to get results quicker in training are examples, opinions and illustrations, and thus should not be considered average results of progress, exact time frame to events, or promises for your actual or future performance. There can be no assurance that any prior successes, or past results, can be sued as an indication of your progress or results of your training. Check for professional physician/health care to consult before attempting to exercise, or participate in any of the services provided, if you have physical/health concerns.
Liability Waiver: You alone are responsible and accountable for your decision, actions and results in life, and by registering to one of our services for Strength and Conditioning, Express Group Training or the Membership, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance. You agree that #BreakingRecords Fitness is not responsible for the success or failure of your own life outside of our services relating to any information presented by #BreakingRecords Fitness services, and you specifically release our founder, Liam O'Dell, or sub contractors staff from liability for any special or consequential damages that results from the use of, or the inability to use, the information or strategies communicated through our services provided, even if advised of the possibility of such damages or caused by negligence of the company or its representatives. You, the buyer hereby accept all risk to his or her participation excluding personal injury or death that may result from the companies negligence whilst the buyer has been participating either of the services provided.
Prices: Where stated prices quoted as advertised are not exclusive of VAT as the Company are not VAT registered.
Payment Terms: These are generally pay in full prior to the appointment of Strength and Conditioning services from Personal Training 1:1, Courses/Workshops and Team Sport Group. Express Group Training for Fitness Classes use is payment on the day providing of confirmation of booking as advertised. If payment is not made within the time limits set out as advertised for Strength and Conditioning services, this will be breached of contract by the client will be taken action (see Cancellations)
Cancellations: Any notice of cancellation by the client for any services provided of a booking or part of a booking must be made in writing by letter or email sent to #BreakingRecords Fitness. All bookings are subject to a time limit as advertised of the following:
- Strength and Conditioning Personal Training 1:1
- Biomechanics and Performance Testing
- Cancellations of more than 24 hours notice of appointment will not be charged
- Cancellations of less than 24 hours notice of appointment will be charged at 50% rate of the price within 15 days of the appointment. Further action will be taken if not paid the 50% rate will be to full price within 30 days (45 days in total)
- Any appointments that are made and no show from the client will result of paying the full rate within 30 days
- Strength and Conditioning Sessions or Programming
- Sessions Only on PAYG Basis - Cancellations of more than 24 hours notice of appointment will not be charged
- Sessions Only on PAYG Basis - Cancellations of less than 24 hours notice of appointment will be charged at 50% rate of the price within 15 days of the appointment. Further action will be taken if not paid the 50% rate will be to full price within 30 days (45 days in total)
- Sessions Only on PAYG Basis - Any appointments that are made and no show from the client will result of paying the full rate within 30 days
- Sessions Only on Block Basis - Regardless of cancellation notice of scheduled appointments, sessions will not be transferable for the duration of Block Booking as agreed and no charge given if cancelled less than 24 hours notice. If cancelled more than 24 hours notice will be entitled to transfer session over within a 2 week leeway period of the expiry date. Once used the 2 week leeway agreement within the Block will be charged the full session rate within 30 days after the Block Booking has finished
- Session Only on PAYG/Block Basis - If Sessions are based at a gym premises shall be given notice up to 4 days to cancel and avoid paying hire/rent charge (subject to quotation of the charge given immediate notice - see below), home based sessions will not be charged
- Sessions conducted at gym based only - cancelled more than 4 days notice will not be charged. Cancelled between less than 4 days to 48 hours notice will be charged 25% of the hire/rent charge. Cancelled less than 48 hours to the session date will be charged 50% of the hire/rent charge. No show of the session date will be charged 75% of the hire/rent charge. This will be given immediate notice and cannot appeal, payment due within 30 days - subject to cancelling notice up to 24 hours notice or less will apply as above
- Programming Only - Cancellations of more than 24 hours notice of appointment will not be charged
- Programming Only - Cancellations of less than 24 hours notice of appointment will be charged at 50% rate of the price within 15 days of the appointment. Further action will be taken if not paid the 50% rate will be to full price within 30 days (45 days in total). If paid in full programming will be issued straight away.
- Programming Only - Any appointments that are made and no show from the client will result of paying the full rate within 30 days. If paid in full programming will be issued straight away.
- Cycle of the Strength and Conditioning set up
- An agreement will only be made if client is committed to start cycle on the day of their first Biomechanics and Performance Testing and cannot drop out or end with immediate effect. The client has to resign from the cycle if given enough notice and have their Biomechanics and Performance Testing as their last session for review purposes with client for the duration of the cycle. Fail to do this will be breached and the charges will still apply as above.
- Strength and Conditioning Team Sport Group
- Cancellations of more than 48 hours notice of appointment will not be charged
- Cancellations of less than 48 hours notice of appointment will be charged at 50% rate of the price within 15 days of the appointment, this may include the full hire charge rate. Further action will be taken if not paid the 50% rate will be to full price including hire charge within 30 days (45 days in total)
- Any appointments that at made and no show from the team group will result of paying the full rate and include the hire charge rate within 30 days
- Strength and Conditioning Courses/Workshop
- Any bookings that are paid and cancelled before the closing date advertised will be issued a refund in full
- Any bookings that are paid and cancelled after the closing date and start of Course/Workshop advertised will be issued a 50% refund
- Any bookings that are paid and cancelled after the first session of Course/Workshop had started advertised will not be issued or entitled to a full or partial refund
- Any lack of participant bookings that are paid after the closing date to not able covering the cost of hire and paying sub contractor staff to conduct the Course/Workshop on the date advertised will only receive a full refund or a transfer over to another Course/Workshop taking place
- Any absences throughout the duration of the Courses only will not be entitled to a transfer of another Course elsewhere or be credited to another future booking
- Any Bookings will not accept any cash in hands on the day of 1st session. Methods of way for payment is advertise when payment instructions is sent to you
- Express Group Training Fitness Classes
- Any bookings that are booked for Fitness Classes and gave notice before 8am for evening classes and/or 8pm for morning classes will not be charged
- Any bookings that are booked for Fitness Classes and gave notice after 8am for evening classes and/or 8pm for morning classes will be charged 50% of the PAYG rate as advertised, fail to pay within the time limit of 48 hours will be changed to the full PAYG rate advertised within the time limit of a further 72 hours, fail to pay within the overall time limit of 120 hours will be breached in the terms of the agreement
- Any bookings that are booked for Fitness Classes and gave no notice on the morning and/or evening classes will be charged PAYG rate as advertised, fail to pay within the time limit of 72 hours will be breached in the terms of the agreement
- Any Fitness Classes that are not booked and turned up without booking will be breached in the terms of the agreement - if the class is full on the day, the participant will be refused entry to participate. If not all participants will be required to pay an extra fee on top of PAYG rates of the following: Non-Members £1, Members 50p. Note - Members on Loyalty Cards also applies.
- Any of the two conditions that are breached at least twice in the terms of the agreement will be sent an e-mail to explain in depth about booking or cancelling a class plenty of notice
- Any of the two conditions that are breached at least 3 times in the terms of the agreement will be issued a £60 charge notice within 30 days to pay (cannot appeal)
- Any Block Bookings can only be booked in advance and paid within 7 days of the time limit
- Any Block Bookings can only be booked in advance and paid and cancelled more than 7 days in advance before time limit will be issued a full refund
- Any Block Bookings can only be booked in advance and paid and cancelled less than 7 days in advance before time limit will be issued a 50% refund. This can only be accepted before 1st session starts
- Any Block Bookings can only be booked in advance and paid and drop out of the Block Booking during between 1st to last session will not be entitled to any partial or full refund
- Any Block Bookings will not accept any cash in hands on the day of 1st session. Methods of way for payment is advertise when payment instructions is sent to you
- Express Group Training Group/Corporate Personal Training
- Cancellations of more than 48 hours notice of appointment will not be charged
- Cancellations of less than 48 hours notice of appointment will be charged at 50% rate of the price advertised and agreed in advance within 15 days of the appointment, this may include the full hire charge rate. Further action will be taken if not paid the 50% rate will be to full price including hire charge within 30 days (45 days in total)
- Any appointments that at made and no show from Group/Corporate appointments will result of paying the full rate and include the hire charge rate within 30 days
- Yearly Membership
- Only members that have signed up and completed membership agreement and payment, conditions of the terms of agreement are still the same above, however charges are stated in the Members agreement as advertised compared to Non-Members with a different system method.
- All sign up procedures have a 30 day policy to get you officially joined up on the date of sign up. After 30 days will occur a £20 charge for wasting our time. No penalty fines are issued. If the charge is not paid and the sign up has occurred again, they will not be entitled to waive the charge until it's been paid.
Appeals: The buyer reserves the right to appeal the charges if the buyer was not at fault that prevented them from missing an appointment for Strength and Conditioning 1:1 Personal Training and Team Sport Group and Express Group Training Group/Corporate Personal Training services and can only appeal within 30-45 days of the time frame on the invoice published. The company may ask for further evidence that we may contact if need be. If the evidence that the buyer provides is not true may lead to a false claim and can subject to a penalty fine straight away. Express Group Training Fitness Classes you cannot appeal as the participant has 3 chances to book and/or cancel plenty of notice within the time frame of the agreement. Hire/rent charge for Strength and Conditioning 1:1 Personal Training cannot be appealed.
Penalty Fines: The company requires all buyers to pay for the charges from breaching the terms and conditions under payment terms. The following below are the penalties of final notice of the remaining 15 days of terms and conditions. A letter will be sent explaining about the penalty fine and will not subject to appeal, within the penalty final notice, the participant cannot book or participate in any of the services provided until the penalty fine has been paid.
- Strength and Conditioning 1:1 Personal Training - £250
- Strength and Conditioning Team Sport Group - £300
- Express Group Training Fitness Classes - £180
- Express Group Training Group/Corporate Personal Training - £350
- Hire/Rent Charge for S&C 1:1 PT service on gym based only - £150 (PAYG gym only), 100% charge of Monthly gym only
- Yearly Membership* - £500 (£100 fixed penalty)
- FALSE CLAIM APPEAL - £1000**
*Once a year on 1st February and all inclusive for Yearly Members only. £100 fixed penalty will apply if fines are not paid within 3 consecutive months from Yearly Members
**This may add on with the penalty fine as above if the appeal is a false claim
Fail to pay within the time limit of the charges and/or penalty fines, the company reserves the right to issue a small claims court order by HM Courts and Tribunal Services - this is also subject for the participant being banned from participating any of the services under the small claim court act, and communications via e-mail will be halted under the penalty notice period for future services until further notice of the result outcome.
Internal Complaints Procedure: Any form of feedback from a range of our services must be dealt with in writing to #BreakingRecords Fitness. Once a product has been purchased and used, the time limit shall only be available within the first 48 hours to make a formal complaint to resolve the dispute. This can be anything from a complaint such as a member of staff to another participant which this will be done in a confidential and professional manner. Please note your form of feedback will be passed onto members of staff for continuous monitoring and professional training developments. Any complaints that have been made after 48 hours will NOT be dealt with internally to resolve the dispute.
Termination: The company can reserve the right to terminate any inactive clients that are not continuously purchasing any Strength and Conditioning Services within 6 months of their last appointment (providing the client is not on Yearly Membership). This is also the same for clients that are not continuously purchasing any Express Group Training Services within 3 years of their last activity (providing the client is not on Yearly Membership).
Equal Opportunities: #BreakingRecords Fitness is committed to promoting a best-practice environment, where every participant is treated with respect and dignity. No personnel or participant or any related third party should feel threatened, mistreated on the grounds of race, colour, nationality and ethnic or national origin, sex, marital status, sexual orientation, disability, physical characteristics and health, religious or political beliefs. #BreakingRecords Fitness is responsible for ensuring that all individuals receive the same treatment, regardless of race, colour, nationally, ethnic or national origin, sex, martial status, sexual orientation, disability, physical characteristics, health, religious or political beliefs.
Environment/Sustainability: #BreakingRecords Fitness is an organisation that provides Strength and Conditioning and Express Group Training within the local community in Breckland and the surrounding areas in Norfolk. The organisation operates from our head office in Necton which includes Village Halls, Sportshalls, Gyms and outdoor private and public spaces promoting good improvement on fitness as well as overall health and wellbeing. #BreakingRecords Fitness recognise that climate change is a serious global issue. As an organisation we are committed to minimising our contribution to climate change. The organisation will comply with EU and UK regulations and directives that promotes and protects the environment whilst conducting sessions outdoors or inside facilities for all services to clients and members. The key points of its strategy to achieve this are:
- #BreakingRecords Fitness will monitor and work to reduce its contribution to environmental emissions from travel undertaken for business purposes. As well as working with members and clients to car share or use alternative transport will contribute to reduce emissions for traveling to sessions on a regular basis.
- #BreakingRecords Fitness will monitor and manage its consumption and use of energy when using facilities on hire for sessions. We will work to reduce the consumption of energy and to reduce our contribution to emissions of gases and other pollutants which are believed to contribute to climate change.
- #BreakingRecords Fitness will work to reduce the consumption of water within using facilities on hire and reduce discharges. We ask all clients and members to bring their own reusable water bottle as this helps to reduce the volume of plastic waste we recycle.
- #BreakingRecords Fitness will ensure the use of resources such as paper for recording down key performance indicators (KPI) for Class Registers, collecting Personal Information PAR-Q’s and advertising events coming up. This is to be efficient and environmentally responsible to reuse or recycle.
- #BreakingRecords Fitness recognises the responsibility from its staff have in contributing to good environmental management. We will seek to harness and channel the enthusiasm and interest shown by staff and will provide appropriate information and support to ensure that all of them exercise their environmental responsibility.
Photo/Video Promotions: #BreakingRecords Fitness reserves the right to film or take photos for promotional usage to outreach on social media to advertise to the public. If you do not want to be involved in any promotional activity due to legal reasons, please inform us in writing immediately to not be involved at all or not feature you in as much as a group where possible. Any participants under 18 years of age must need parent/guardian approval for promotional material in any services. Photo/Video Release Forms are given for only Strength and Conditioning purposes.
Age limit: #BreakingRecords Fitness participants can only partake in any services of the age limits below:
- Strength and Conditioning 1:1 Personal Training - any age
- Strength and Conditioning Courses/Workshops - over 9 years old (age limit for Youth Courses only apply on advertising)
- Strength and Conditioning Team Sport Group - any age as a whole Team Sport Group base - please advise on the booking as requested
- Express Group Training Fitness Classes - over 13 years old (must be accompanied by an adult at all times during Fitness Classes if child is under 18 years of age)
- Express Group Training Group/Corporate Personal Training - over 18 years old
- Membership - over 18 years old to apply for Full Membership. Parent/guardian have legal responsibility for their own children wishing to join as a Member until they have reached their 18th birthday
- Membership - between 16-17 years of age can only apply for a temporary Membership once they have reached till their 18th birthday without adult supervision
- Membership - over 50's are entitled to a discounted price as long as the condition is set for Over 50's classes - for other use it'll be Non-Member PAYG price only.