Terms and Conditions for Mobile Personal Training
The terms and conditions set out below along with (i) the Physical Activity Readiness Questionnaire (‘PARQ’) and (ii) the ‘Informed Consent’ form constitute the full legal agreement (the ‘Agreement’) between you (‘You’ or the ‘Client) and Wiltshire Mobile Personal Training (the ‘Trainer’) to provide mobile personal training sessions. You understand that the Trainer is self-employed and that you are entering into a contract with him alone.
Your instructions to commence personal training will constitute acceptance of these Terms and Conditions when you become a Client. You are asked to read them carefully and understand them. If you have any questions, please ask your Trainer. This does not affect your statutory rights.
Trainer Obligations
The Trainer will use his skills and knowledge to design a safe programme of exercise that will take into account the Client’s lifestyle, personal goals, fitness levels and medical history.
The Trainer will provide the coaching, supervision, advice, and support that the Client will need to achieve the Client’s goals. Apart from the initial consultation, each personal training session (including the first personal training session if taken immediately afterwards) will last approximately 60 minutes unless otherwise agreed (a “Session”).
All Client information will be kept strictly private and confidential.
Client Obligations
It is understood between the Client and the Trainer both must commit to the Client’s training programme 100% in order for the Client to achieve results.
The Client is required to arrive on time for each Session so that the Trainer’s full training plan is achieved on each visit.
The Client understands that the results of any fitness programme cannot be guaranteed. The Client’s progress depends on the Client’s effort and co-operation in and outside of the Sessions.
The Client is required to wear appropriate clothing and footwear to exercise in.
The Client is required to complete a PARQ and sign the ‘Informed Consent’ form before undertaking the first Session.
The Trainer may require a letter of ‘medical clearance’ from the Client’s GP (please be aware that a GP may charge for providing this letter), which the Client will obtain within reasonable time and prior to the first Session. If the Trainer requires further medical information from any other practitioner, the Client must provide such details.
The Client understands and agrees that it is the Client’s responsibility to inform the Trainer of any conditions or changes to his/her/their health, now and ongoing, which might affect the Client’s ability to exercise safely and with minimal risk of injury.
The Client understands and acknowledges that there are inherent risks in participating in a programme of strenuous exercise. If the Client sustains or claims to sustain any injury while participating in training, the Client will hold harmless the Trainer, except where the injury was caused by the Trainer’s gross negligence or intentional act.
The Trainer cannot be held liable in any way for undeclared or unknown medical conditions.
If the Client’s children or minors are present during the Session, they must remain the Client’s responsibility throughout the Session and the Trainer cannot be held liable.
Payments
All 4-week packages will be invoiced monthly and must be paid within 7 days of the date on the invoice.
All payments must be made prior to any Sessions being undertaken. Failure to make payment will result in cancellation of payment for the personal training package.
Payments can be made by bank transfer, standing order or cash.
Refunds
Once purchased, the Sessions are non-refundable and non-transferable.
In the unlikely event of the Trainer being unable to continue the Client’s training for any reason, the Client can request a full refund from the Trainer for any unfulfilled Sessions.
If for any medical reason the Client is no longer able to complete any Sessions, the Client will be given a refund on any outstanding Sessions as described below. Wiltshire Mobile Personal Training may ask for the Client to provide proof from his/her/their GP.
In the event that a Client provides medical proof that they will be unable to complete all of their Sessions of the agreed package, or they can provide proof of relocation to a distance outside of the Trainer is willing to commute to, then a partial refund of 50% of the contracted package will be applicable. If the Client decides to stop training for any reason apart from medical reasons, the Client will not be entitled to a refund.
Session Cancellations
Any cancellations of a Session must be done with a minimum 24-hour prior notice. This can be made directly to the Trainer, by email, text message or phone call. If 24-hour prior notice is not provided, the Client will lose that Session, and no refund will take place. (this is for tax reasons and planning as it becomes extremely hard to plan the week if Clients cancel last minute).
Any rearranged cancelled Sessions will be at a time mutually agreed between the Client and the Trainer.
Lateness
If the Trainer is more than 15 minutes late for the Session, additional time will be added to that Session where possible or subsequent Sessions.
If the Client is late for a Session, said Session will be reduced in accordance with that time. If the Client is more than 20 minutes late, the Trainer may choose to cancel the Session and the Client may lose that Session, in which case no refund will be made.
Expiry and Extensions
All 4-week package options have a 60-day expiry, after which time any unused Sessions will be lost and no refund will be made. This is to ensure the Trainer delivers all the Client’s required Sessions to enable the Client to achieve his/her/their goals.
All 3-months package options purchases have 120-day expiry, after which time any unused Sessions will be lost and no refund will be made. This is to ensure the Trainer delivers all the Client’s required Sessions to enable the Client to achieve his/her/their goals.
The Client may extend the current package for between 1 month and 12 full calendar months for the following reasons only:
- Pregnancy
- Serious illness
- Serious injury
- Redundancy.
To extend the package the Client must inform the Trainer in writing by email; the Trainer may ask the Client to provide proof of pregnancy, serious illness, serious injury or redundancy.
Any other extensions are entirely at the discretion of the Trainer.
Health and Safety
The Trainer has completed and holds a current certificate for emergency first aid at work approved by the relevant authority.
The Trainer has GBP five million public liability insurance cover.
The Sessions are conducted on the Client’s premises, for which the Client is responsible for providing a safe and adequate environment for carrying out the exercises instructed by the Trainer.
Data Protection
To comply with the UK Data Protection Act 2018, the Trainer will only do what the Client asks him to do, or what the Client has given the Trainer permission to do with any personal or sensitive information held about the Client. See the Trainer’s Privacy Policy below for more information.
Third-Party Rights
This Agreement does not confer any rights on any person or party other than the Client and the Trainer pursuant to the Contracts (Rights of Third Parties) Act 1999.
Governing Law
This Agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts.
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Privacy Policy
Purpose of this Privacy Policy
The processing of personal data is governed by the UK Data Protection Act 2018. This legislation controls how your personal information is used by organisations, businesses, or the government.
One of the rights is a right to be informed, which means Wiltshire Mobile Personal Training must give the Client even more information than Wiltshire Mobile Personal Training does now about the way in which Wiltshire Mobile Personal Training uses, shares and stores Clients’ personal information.
This means that a privacy policy has been designed so Clients can access this information, along with information about the increased rights Clients have in relation to the information Wiltshire Mobile Personal Training holds on its Clients and the legal basis on which Wiltshire Mobile Personal Training is using it.
Who is Wiltshire Mobile Personal Training?
Wiltshire Mobile Personal Training is the data controller WiltshireMobilePT@gmail.com. This means Wiltshire Mobile Personal Training decides how your personal data is processed and for what purposes.
Whose information does this Privacy Policy apply to?
This Privacy Policy applies to information that Wiltshire Mobile Personal Training collects from:
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clients;
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prospective clients;
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former clients;
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people who subscribe to the blog;
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visitors to our website.
What is personal data?
Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. Examples of personal data Wiltshire Mobile Personal Training may hold about you include your contact and appointment details.
Special category data is a subcategory of personal data revealing data concerning health or data concerning a person’s sex life or sexual orientation. Examples of special category data Wiltshire Mobile Personal Training may hold about you include your client notes and screening questionnaires.
How do Wiltshire Mobile Personal Training process your personal data?
Wiltshire Mobile Personal Training comply with its obligations under the UK Data Protection Act 2018 by keeping personal data up-to-date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access, and disclosure and by ensuring that appropriate technical measures are in place to protect personal data (such as password protected). Wiltshire Mobile Personal Training stores your personal data electronically and sometimes in hard copy and uses it for the purposes set out below.
How it applies to Clients, prospective clients, and former clients:
Wiltshire Mobile Personal Training uses your name, telephone number and email address to make and rearrange appointments.
Wiltshire Mobile Personal Training uses your name and email address, only if we have your consent, to send you marketing materials.
Some clients and prospective clients tell Wiltshire Mobile Personal Training about their medical conditions and medication by email or online enquiry forms. Wiltshire Mobile Personal Training are unable to send or receive encrypted emails so you should be aware that any emails Wiltshire Mobile Personal Training sends or receives may not be protected in transit. Wiltshire Mobile Personal Training will also monitor any emails sent to it, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send Wiltshire Mobile Personal Training is within the bounds of the law.
How it applies to subscribers to Wiltshire Mobile Personal Training’s blog:
Wiltshire Mobile Personal Training maintains and uses records of subscribers to its blog, only with their consent, for marketing purposes. This data is stored and transported electronically.
Wiltshire Mobile Personal Training may gather statistics around email opening and clicks using industry standard technologies to help us monitor and improve its blogs.
How it applies to Wiltshire Mobile Personal Training’s website users:
When someone visits Wiltshire Mobile Personal Training website (www.wiltshiremobilepersonaltraining.com) Wiltshire Mobile Personal Training uses a third-party service, Wix, to collect standard internet log information and details of visitor behaviour patterns. Wiltshire Mobile Personal Training do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone.
Wiltshire Mobile Personal Training uses website cookies to improve user experience of its website by enabling its website to ‘remember’ users for the duration of their visit – using a ‘session cookie’. For more information about cookies, please see Wix’s cookie policy
How long does Wiltshire Mobile Personal Training retain your personal information for?
Unless Wiltshire Mobile Personal Training explain otherwise to you, Wiltshire Mobile Personal Training will retain your personal data on the basis of the following guidelines:
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for as long as Wiltshire Mobile Personal Training have a reasonable business need, such as managing our relationship with you and managing Wiltshire Mobile Personal Training’s business;
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for as long as Wiltshire Mobile Personal Training provide services and/or treatment to you and then for as long as someone could bring a claim against Wiltshire Mobile Personal Training; and/or
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in line with legal and regulatory requirements or guidance.
What are Clients’ rights under the UK Data Protection Act 2018?
The law gives you certain rights in respect of the personal data that Wiltshire Mobile Personal Training holds about you as well as information about what Wiltshire Mobile Personal Training do with it, who Wiltshire Mobile Personal Training shares it with and how long Wiltshire Mobile Personal Training will hold it for. Wiltshire Mobile Personal Training may make a reasonable charge for additional copies of that data beyond the first copy, based on our administrative costs.
The website of the Information Commissioner's Office (http://www.ico.org.uk) has a wealth of useful information in respect of your rights in your personal data. In addition to your right to stop marketing, detailed above, below is a short overview of the most commonly-used rights.
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Data Subject Access Request - With some exceptions designed to protect the rights of others you have the right to a copy of the personal data that we hold about you as well as information about what Wiltshire Mobile Personal Training do with it, who Wiltshire Mobile Personal Training share it with and how long Wiltshire Mobile Personal Training will hold it for. Wiltshire Mobile Personal Training may make a reasonable charge for additional copies of that data beyond the first copy, based on our administrative costs.
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The Right of Erasure ('Right to be Forgotten') - the right to have your personal information erased where Wiltshire Mobile Personal Training have no reason to continue processing;
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Data Portability - the right to move, copy or transfer personal information you have provided to Wiltshire Mobile Personal Training;
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Right to Rectification - You have the right to have the personal data Wiltshire Mobile Personal Training hold about you corrected if it is factually inaccurate. It is important to understand that this right does not extend to matters of opinion, such as medical diagnoses. If any of your personal data has changed, especially contact information such as: email address, postal address and phone number please get in touch with Wiltshire Mobile Personal Training to ensure your personal data is kept up to date.
If you want to exercise your rights in respect of your personal data, the best way to do so is to contact Wiltshire Mobile Personal Training by email on WiltshireMobilePT@gmail.com. To protect your privacy, Wiltshire Mobile Personal Training may ask you to prove your identity before taking any steps in response to such a request.
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