Terms and Conditions
This agreement shall be construed in accordance with the laws of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction in relation to any matters arising out of these terms and conditions.
1. Interpretation & Definitions
1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions (Conditions).
Online Booking Form: the booking form is to be completed by the Client upon making a Booking or by the manager of Fit Fast Trainers on behalf of the Client .
Contract: the contract between the Client and Fit Fast Trainers Ltd under which the Services are to be provided by Fit Fast Trainers Ltd sub-contractors to the Client.
Client: the person, firm or company who makes a Booking with Fit Fast Trainers Ltd.
Fee: The amount payable by the Client under the Contract.
Force Majeure: any act, event, omission or accident beyond Fit Fast Trainers Ltd reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Fit Fast Trainers Ltd or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or Fit Fast Trainers Ltd contractors.
Fundamental Change: A change in the date, location or over 80% of the content of the Services.
Services: the services provided by Fit Fast Trainers Ltd and its sub-contractors to the Client under the terms of the Contract and “Service” shall be construed accordingly.
1.2 Wording importing the singular meaning shall include the plural meaning and vice versa.
1.3 Reference to any gender includes the other genders;
1.4 Headings in these Conditions shall not affect their interpretation.
1.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
2.1 These Conditions shall be deemed to be incorporated in all Contracts and in the case of inconsistency with any Booking Form or other form of communication between the Client and Fit Fast Trainers Ltd, whatever may be their respective dates, the provisions of these Conditions shall prevail unless expressly varied in writing and signed on behalf of Fit Fast Trainers Ltd.
2.2 Any concession allowed by Fit Fast Trainers Ltd to the Client shall not affect the rights of Fit Fast Trainers Ltd under the Contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the Contract, the other Conditions shall continue in full force and effect.
3.1 In order to place a Booking, the Client shall submit a completed Booking Form to Fit Fast Trainers Ltd together with the Payment. All Bookings shall be provisional and shall only be confirmed once the Payment has cleared in Fit Fast Trainers Ltd bank account.
3.2 If a Client makes the Booking online, or the booking is made by telephone or e-mail by the manager of Fit Fast Trainers, the Client shall be deemed to have read these Terms and Conditions and agreed to them.
4.1 A Contract shall be formed when Fit Fast Trainers Ltd accepts the Booking online, by telephone or by email and Fit Fast Trainers Ltd reserves the right to decline any booking at its discretion.
4.2 No variation of these Conditions shall be valid unless it is in writing and signed by or on behalf of Fit Fast Trainers Ltd and the Client.
4.3 No verbal representations made by Fit Fast Trainers Ltd shall be relied upon by the Client.
4.4 Any quotations that may be given by Fit Fast Trainers Ltd are given on the basis that no Contract shall come into existence except in accordance with condition 4.1.
5. The Fee and Payment Terms
5.1 The Fee payable for the Services shall unless otherwise stated in the Contract is the fee chargeable by Fit Fast Trainers Ltd for such Services current at the date of the provision of the Services. Such Fee shall include the planning, organizing and delivery of the Services.
5.2 Once the Payment has been paid by the Client, and the Contract formed under condition 4.1, if the Client wishes to alter any aspect of the Services, Fit Fast Trainers Ltd may make such additional reasonable charges as it may in its absolute discretion decide and such Charges shall be notified in writing to the Client. If the Client refuses to pay such Charges, Fit Fast Trainers Ltd shall be entitled to cancel the Contract forthwith and notwithstanding condition 9, the cancellation charges set out in condition 8 shall apply.
5.3 All Payments shall be paid by the Client to Fit Fast Trainers Ltd no later than one week prior to the commencement of the Services unless agreed in writing by Fit Fast Trainers Ltd on confirmation of the Booking in accordance with condition 4.1. If the Client fails to pay the Fee to Fit Fast Trainers Ltd then Fit Fast Trainers Ltd may in its absolute discretion cancel the Booking.
5.4 The Fee must be paid in its entirety at the time of the Client placing a Booking in accordance with condition 3.1, if a Booking is made within one week of the commencement of the Services.
6. Responsibilities of the Client
6.1 The Fee shall not include travel where applicable to and from the location at which the Services shall be provided and this shall be the sole responsibility of the Client unless agreed in writing with Fit Fast Trainers Ltd.
6.2 The Client shall be responsible for their own travel arrangements to the session if it is not held in the Clients home, personal medical requirements, clothing and footwear for the duration of the Services unless otherwise agreed in writing with Fit Fast Trainers Ltd.
6.3 The Client shall be responsible for advising Fit Fast Trainers Ltd in the Booking Form of any health issues that may make them unable to take part in any of the Services. Failure to do so may result in Fit Fast Trainers Ltd terminating the Contract without refund and/or withdrawing the Client from any part of the Services, notwithstanding the provisions of condition 9.
6.4 The Client shall be held responsible to make compensation for any damage they cause to the contents and furnishings of the premises where the Services are being carried out during their stay, except for wear and tear.
7. Changes to the Contract
7.1 Fit Fast Trainers Ltd reserves the right to change any price or other particulars of the Services before the Contract is formed in accordance with condition 4.1.
7.2 If there is a Fundamental Change to a confirmed booking Fit Fast Trainers Ltd will inform the Client as soon as is reasonably practicable and offer the Client the choice of accepting the change, receiving a full refund or accepting the provision of the Services on an alternative date.
7.3 If there is any change other than a Fundamental Change after the Contract is formed in accordance with condition 4.1, Fit Fast Trainers Ltd is not obliged to inform the Client in advance and no compensation will be payable.
8. Cancellations by the Client
8.1 If the Client wishes to cancel the Contract, the Client must advise Fit Fast Trainers Ltd in writing as soon as reasonably practicable. A full refund will be given on any outstanding sessions that have not been taken. This does not include free sessions.
8.2 There will be a £10 administration charge plus 2% of the original purchase price for all cancellations.
8.3 The cancellation charges may be waived in exceptional circumstances at the absolute discretion of Fit Fast Trainers Ltd.
8.4 If the Client fails to arrive on the commencement date of the Services, the Fee will be due in full to Fit Fast Trainers Ltd and no refund shall be given.
8.5 The Client may request to reschedule or cancel the Services, provided that they do so no later than 24 hours before the commencement of the Services.
9. Cancellations by Fit Fast Trainers Ltd
Fit Fast Trainers Ltd reserves the right to cancel a Contract but will endeavor not to do so. If Fit Fast Trainers Ltd cancels a Booking prior to the commencement of the Services, Fit Fast Trainers Ltd shall offer the Client the choice of either a full refund or the provision of Services on an alternative date.
10.1 Fit Fast Trainers Ltd reserves the right to alter the content of the Services without notice to the Client.
10.2 Any Services published by Fit Fast Trainers Ltd are designed for illustrative purposes only.
10.3 During the provision of the Services, Fit Fast Trainers Ltd reserves the right to alter the content of the Services at any time due to certain factors including but not limited to the weather and the physical fitness of the Clients.
10.4 If a Client chooses not to participate in any part of the Services being provided, Fit Fast Trainers Ltd is not obliged to provide an alternative or any refund to the Client.
10.5 Fit Fast Trainers Ltd may in its absolute discretion make decisions affecting the Clients and it may require a Client to cease participating in the Services if, for example, it believes that a person’s health is at risk and if the Client has failed to advise Fit Fast Trainers Ltd of a health condition in accordance with condition 6.3, Fit Fast Trainers Ltd may in its absolute discretion terminate the Contract forthwith without refund, notwithstanding the provisions of condition 9.
10.6 The Client must refrain from any illegal act and conduct, which may give offence or cause danger or damage to any person or property at all, times during the Services. If Fit Fast Trainers Ltd or any of its employees, consultants, sub-contractors or agents, believe that the Client is in breach of this obligation or is likely to breach this obligation, Fit Fast Trainers Ltd may in its absolute discretion terminate the Contract forthwith without refund, notwithstanding the provisions of condition 9, and require the Client to leave the venue at which the Services are being provided. Fit Fast Trainers Ltd will have no liability to the Client in respect of such termination, howsoever arising.
11.1 If there is a problem during the Services, the Client must report it in the first instance to an employee or consultant of Fit Fast Trainers Ltd. In the unlikely event that a problem cannot be resolved, the Client must notify Fit Fast Trainers Ltd within 28 days of the end of the Services advising Fit Fast Trainers Ltd of the full details of the complaint (Notice). Failure to serve the Notice on Fit Fast Trainers Ltd within the specified period will preclude the Client from being entitled to take any further action against Fit Fast Trainers Ltd.
12. Limitation of Liability
12.1 This condition 12 sets out the entire financial liability of Fit Fast Trainers Ltd (including any liability for the acts or omissions of its employees, agents, consultants, and sub-contractors) to the Client in respect of: (a) any breach of the Contract; (b) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
12.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12.3 The Client recognizes that engaging in the Services includes an inherent risk. Those risks include a broad range and the Client recognizes that those risks include the possibility of personal injuries and even death. The Client chooses to participate in the Services in spite of those risks. The Client therefore agrees to assume all risks that may occur resulting in any harm, damage, injury, illness or death to oneself. The Client agrees to release and discharge Fit Fast Trainers Ltd, its officers, employees, sub-contractors, consultants and agents from any and all claims for liability, damage, injury, illness, death, costs or other expenses or any other damages claimed except in respect of personal injury or death caused by the negligence of Fit Fast Trainers Ltd.
12.4 Fit Fast Trainers Ltd will not accept liability for any loss or damage to any vehicle or personal property belonging to the Client during the Services.
13.1 Fit Fast Trainers Ltd has the right to take Recordings of the Client during the services and the Client accepts that all rights whatsoever and howsoever arising in the recordings shall be owned solely by Fit Fast Trainers Ltd.
13.2 The Client accepts and agrees that Fit Fast Trainers Ltd may use any Recordings in any manner that it may in its absolute discretion decide including but not limited to its website or any other promotional material or advertisements.