EA FITNESS

TERMS & CONDITIONS AND PERSONAL TRAINING WAIVER POLICY


The purchase of any Products and/or Services from EA Fitness will be subject to these terms and conditions and waiver policies. By participating in any activity run by EA Fitness your involvement implies an understanding and acceptance of these terms, conditions and policies and you now hereby agree to our terms, conditions and policies.

In detail our polices are as follows:

1. CANCELLATION POLICY

(1.1) All sessions booked as part of a Personal Training (“PT) package (1-2-1, buddy PT sessions and group PT) are non-refundable and must be paid for in full unless a session is cancelled before 6pm on the Saturday before the session is due to take place. Notice of cancellation can only be given by text, Facebook messenger or email to the mobile number or email address that will be provided to you for EA Fitness as no other forms of communication will be deemed appropriate.

(1.2) For Adult Classes, cancellations will only be accepted if notice is given at least 24 hours before the class is due to commence.  Any cancellation notices received with less than 24 hours notice will not be valid and will result in the session being charged in full. Notice of cancellation can only be given by text, Facebook messenger or email to the mobile number or email address that will be provided to you for EA Fitness as no other forms of communication will be deemed appropriate.

2. LIABILITY and WARRANTIES

(2.1) The information provided, and the Services supplied do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such health and fitness activities and services are suitable for you. It is not our responsibility to do this for you.

Before you start the fitness/exercise program, if you are in any doubt about your suitability for participating in a fitness/exercise regime, you should consult your doctor.

(2.2) It is also vital that you supply us with correct information about yourself.

We cannot be held liable for advice given if incorrect information is supplied by you to us.

We will endeavour to make sure that all information, services and products provided by us to you in response to the information that you have given to us is correct.

We do not accept any liability for issues that arise because of errors or omissions in the information that you provide to us, irrespective of whether those errors or omissions were made intentionally or unintentionally.

We specifically exclude all liability for any action you, your legal representatives, heirs or other representatives may take against us for the loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of us relying on any inaccurate information provided by you to us.

(2.3) You, your legal representatives and your heirs release waive, discharge and covenant, not to sue EA FITNESS  for any injury or death caused by your negligence or other acts.

(2.4) We provide personal training and other associated services within a plan agreed between us to meet your stated goals and objectives but make no warranties that the program will achieve the stated goals and objectives other than we will use reasonable skill and care to help you with your objectives within the training and associated services provided.

(2.5) We warrant that the Products and Services will be supplied with reasonable skill and care.

(2.6) you agree that you will use your best endeavours to follow and adhere to the agreed program and provide accurate and honest information and feedback upon which we will monitor progress and adjust the plan where necessary.

3. PAYMENTS

(3.1) All personal training packages (Including 1-2-1, buddy training, small group personal training) must be paid for in full in advance of the first session of that training package.

(3.2) All group class packages must be paid for in full in advance of the first session of that training package.

(3.3) All packages at EA Fitness are non-refundable and non-transferable once payment has been made for a package of sessions.

 (3.4) Information displayed by EA FITNESS or in any facility we use as to pricing and availability is subject to change by us without notice.

4. STATUTORY RIGHTS 

(4.1) The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer.

5. DEFINITIONS

(5.1) In these terms and conditions, the following definitions apply:

“Services” means any information and services ordered and/or provided by EA FITNESS and all services offered as part of any course or workshop.

Any electronic information supplied to you by EA FITNESS will constitute part of “Service” not a Product and cancellation rights will apply accordingly.

“Products” means any products offered for sale by EA FITNESS

6. SERVICE USAGE AND INTELLECTUAL PROPERTY RIGHTS

(6.1) You may use our services for personal and lawful use only and in accordance with these terms. You are not allowed to copy or use any material from the services we provide for any commercial purpose.

(6.2) The intellectual property rights of any material provided or advice given belongs to EA FITNESS and except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies.

7. YOUR PERSONAL INFORMATION

(7.1) Usage of your personal information is governed by the EA FITNESS privacy policy, which forms part of these Terms and Conditions. All personal details and information are kept strictly confidential.

8. LIABILITY

(8.1) You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms EA FITNESS does not enter into conditions, warranties or other terms in relation to the Products or the Services or any guaranteed or predicted result.

(8.2) Subject to the important liability statement, EA FITNESS  is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.

9 SUSPENSION AND TERMINATION OF SERVICE

(9.1) EA FITNESS may terminate the Service immediately in the event you breach any of these terms and conditions or do not pay any sums due to EA FITNESS (including if the credit/debit card you use is not valid or does not work for another reason).

(9.2) EA FITNESS may terminate the service immediately in the event of any behaviour exhibited by you of a threatening or intimidating nature or any other inappropriate behaviour.

10. CONTRACT INFORMATION

(10.1) No contract will exist between EA Fitness and you in relation to the Services or Products until we have received payment from you for the first time.

11. GENERAL

(11.1) EA FITNESS may change these terms and conditions from time to time.

(11.2) By entering a contractual relationship with EA FITNESS you are accepting that you are bound by the current terms and conditions. You should check these regularly. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

(11.3) These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

12. ENQUIRIES OR COMPLAINTS

(12.1) If you have any enquiries or complaints email us or telephone/text to arrange a mutually convenient appointment to discuss the complaint.

13. CLIENT TRAINING AND PROGRESS PICTURES

(13.1) EA FITNESS may use your training pictures and/or progress comparison pictures for promotional purposes.

14. PACKAGE EXPIRY DATES

(14.1) All packages bought from EA Fitness have a fixed time period as per the information below. All sessions bought as part of a package must be used within the allocated time and any sessions not used by the end of the fixed time period will be lost and all monies paid in respect of those unused sessions forfeited.

Please note that all timescales given are from the date when payment was received by EA Fitness

1-2-1 personal training and buddy personal training:

6 x sessions booked = 8 weeks fixed time period for all sessions to be used

12 x sessions booked = 14 weeks fixed time period for all sessions to be used

Adult group class blocks:

6 x sessions booked = 8 weeks fixed time period for all sessions to be used

12 x sessions booked = 14 weeks fixed time period for all sessions to be used

18 x sessions booked = 20 weeks fixed time period for all sessions to be used

Signed …………………………………………………………………………………

Name ………………………………………………………………………………. Date ……………………….

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