Personal Training in Person & Online Coaching
IT IS AGREED UPON PAYMENT:
- Terms of Engagement
1.1 The Client is aware that by availing the training services and by purchasing these service, the Client is entering into this Agreement with the Trainer, the Client is responsible for following the program, tracking their progress, completing the tasks and activities
as outlined by the Trainer and achieving their own results.
1.2 The Trainer will be available to provide sessions to the Client for up to 48 weeks per calendar year. which
entitles the Trainer to 4 weeks of paid holiday based on a 52-week calendar year running January to January.
1.3 The Trainer provides fitness training. In the Training, any remedies, approaches and/or techniques mentioned
are by way of invitation to the Client. Most importantly, they are meant to supplement and not to be a
substitute for professional medical consultation, care or treatment. The Client shall not attempt to treat a
serious aliment themselves without firstly gaining proper consultation from a qualified medical professional.
1.4 The Client hereby authorizes the Trainer to use his/her pictures or videos progress tracking as testimonials
for publication and promotion on social media platforms.
1.5 It is agreed that no make up session will be provided to the Client in case they miss out any session(s) due to
holidays or absence, at the Trainers discretion. - Obligations of Client
2.1 The Client is aware that by availing the training services and by entering into this Agreement with the Trainer,
Client is responsible for following the program, tracking their progress, completing the tasks and activities
as outlined by the Trainer and achieving their own results.
2.2 Full commitment of the Client to the programme is required to achieve the desired results.
2.3 In case of any queries during the programme, it will be communicated to the trainer.
2.4 Client shall make the monthly payments on time. If payments are late, Trainer has the right to terminate this
Agreement and cease training the Client or charge interest. - Holiday Entitlement
3.1 The Trainer will be entitled to 4 weeks holidays per year as part of the agreement. The Trainer will ensure
you are prepared with a workout plan prior to a holiday and provide a minimum of 2 weeks’ notice.
3.2 The Trainers holiday will refresh in January each calendar year.
3.3 The trainer will provide the Client with 2 weeks’ notice prior to any holiday taken and the Trainer will ensure
the Client is prepared with resources whilst away on leave. - Fee and Payment Terms
4.1 Client shall make payments on the same day of each calendar month for the duration of the agreement, upon
which both parties agree on.
4.2 Client must commit to a minimum of 1 months of services of the Trainer.
4.3 After the initial period, this contractual agreement will continue a rolling-monthly basis until either party
cancels the agreement with 31 days’ notice to the other to terminate.
4.4 To end your service, you’ll need to give your Trainer a minimum 31 days’ notice which cannot end before
your minimum term, communicated in writing.
4.5 Once payment is made, it is deemed that the Client has read and agreed to all
the terms and conditions set out in this Agreement and the transaction is final and no refunds will be given
other than the Money Back Guarantee.
4.6 If the Clients fails to pay fees on time, a late penalty of 8% interest per day late will be levied at trainers’
discretion.
4.7 Your monthly price is guaranteed for the duration of your contract but is still subject to the annual price
review based on CPI stated in clause 4.8.
4.8 The price you pay each month for your services will be adjusted on or after 31 March each calendar year,
according to the CPI rate of inflation in December (which is published in January). The new price you will
pay will be communicated to you in January based on the figures. - Term and Termination of Agreement
5.1 This Agreement will be effective for a minimum of 1 months and thereafter will continue as rolling contract
with 31 days written notice to terminate the Agreement. - Cancellation of Sessions
6.1 There is no refund once payment has been made under any circumstances. If Client fails to get the results,
Client cannot hold Trainer accountable, and cannot demand refund unless subject to Money Back Guarantee
in Clause 7.
6.2 Client must provide a minimum 24 hours’ notice to cancel a session else the session will be charged at the
trainer’s discretion.
6.3 If the Client is up to 10 minutes late for a session, the Trainer will complete the remaining time of the session
which is left.
6.4 If the Client is late by more than 10 minutes for a session, the Trainer has every right to leave the premises
and void the remaining of the session, with the Client being fully charged.
6.5 If the Trainer is late for a session, the Trainer will make up the time to the Client in that session or in an
alternative session. - Money Back Guarantee
7.1 The Trainer offers a 100% money back guarantee after 12 weeks, provided the Client has not improved in
one of the following: body composition, body weight, body fat percentage, posture, muscular strength,
progress pictures or any other fitness measures used to measure progress relative to their goal.
7.2 Client must follow and provide proof of executing the nutrition and training plan to its entirety in addition to
any recommendations set for them by the Trainer for the duration of the 12 weeks.
7.3 Client must communicate concerns to the Trainer regarding lack of progress or dissatisfaction with the service
provided by the Trainer prior to the 12 Weeks Money Back Guarantee to see if a resolution can be reached.
The guarantee is automatically voided if not done so.
7.4 The Trainer does not guarantee results and is not responsible for the progress of the Client if they do not
follow the plan and advice given to them. - Intellectual Property
8.1 All documents, videos, and other content provided for the Services, is the property of the Trainer and shall
not be sold, copied or distributed. - Representation and Warranties
9.1 Each party represents and warrants to each other that they have full power and authority to sign, deliver and
perform their obligations under this agreement. This agreement constitutes valid and legally binding
obligations enforceable against the parties in accordance with its terms. The signature, delivery and
performance of this agreement will not violate any provision. - Limitation of Liability
10.1 Whilst the trainer is always committed to act in good faith, results are not guaranteed, and in the unlikely
event of any dispute arising, the trainer’s liability is limited to the fees paid. In no event shall the trainer be
liable to client for any special, punitive, incidental, indirect, or consequential damages of any kind in
connection with this agreement.
10.2 The services are not substitutes for the advice and treatment of a licensed health care professional. Not all
services are suited for everyone. The trainer do not assume, and shall not have, any liability to client for
injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any
and all liability concerning any treatment or any action following the information offered through the
services. If Client has specific concerns or a situation in which you require professional or medical advice,
Client should consult with a certified health professional.
10.3 It is understood that there is always the risk of potential injury during any sort of physical exercise. If this
occurs during the time working with the trainer, client understand that trainer will not be held accountable
for any injuries incurred as trainer has provided client with the tools and advice to be able to carry out the
exercises safely and effectively as provided via the customised training plan. It is also understood that trainer
will not be held accountable for any health implications incurred through the use of his tailored nutrition
plan. - Indemnification
11.1 Client hereto shall indemnify and hold harmless the Trainer (and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and
expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred
by Client resulting from and to the extent of willful misconduct or gross negligence of the Trainer arising
from or incident to the performance of obligations contemplated by this Agreement. - Data Processing
Data Protection Legislation: the General Data Protection Regulation 2018 (“GDPR”) as amended or
updated from time to time, or any successor legislation.
Personal Data: any information relating to an identified or identifiable natural person (a “data subject”);
an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference
to an identifier such as a name, an identification number, location data, an online identifier, or to one or
more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity
of that natural person.
For the purposes of the Data Protection Legislation, the customer is the data controller and Luke
Richardson is the data processor (where Data Controller and Data Processor have the meanings as defined
in the Data Protection Legislation).
Luke Richardson shall, in relation to any Personal Data processed in connection with the performance by
me of my obligations: –
12.1 Process that Personal Data only on the written instructions of the Customer.
12.2 Ensure that it has in place appropriate technical and organisational measures (that can be reviewed and
approved by the Customer at the Customer’s request), to protect against unauthorised or unlawful
processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data,
appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss,
destruction or damage and the nature of the data to be protected, having regard to the state of technological
development and the cost of implementing any measures (those measures may include, where appropriate,
pseudonymizing and encrypting Personal Data, ensuring confidentiality, integrity, availability and
resilience of its systems and services, ensuring that availability of and access to Personal Data can be
restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the
technical and organisational measures adopted by it);
12.3 Ensure that only those individuals that need to access or process Personal Data will have access to and/or
process Personal Data and those individuals are and will continue to be obliged to keep the Personal Data
strictly confidential in compliance with the Data Protection Legislation;
12.4 Assist the Customer, at the Customer’s request and reasonable cost, in responding to any request from a
Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with
respect to security, breach notifications, impact assessments and consultations with supervisory authorities
or regulators
12.5 Notify the Customer and the Information Commissioner’s Office (“ICO”) without undue delay (and in any
event in compliance with the required timescales set out in the Data Protection Legislation) on becoming
aware of a Personal Data breach; and
12.6 At the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer
on termination of the agreement unless required by the Data Protection Legislation to store the Personal
Data.
12.7 You hereby consent to Luke Richardson appointing Stripe as a third-party processor of Personal Data under
this agreement. Luke Richardson confirms that it has entered or (as the case may be) will enter with the
third-party processor into a written agreement substantially on that third party’s standard terms of business,
but in any event, that such terms will ensure compliance by the third party with the Data Protection
Legislation.
12.8 Luke Richardson reserves the right to use any “before and after” imagines within promotional materials,
both web-based and offline and, accordingly, you hereby consent to such usage.
12.9 Upon signing up to our coaching services you’ll be also placed onto our mailing list in order to keep you
notified of any company changes, events and new content information. You have the right to opt out at any
time to this list. - Governing Law and Dispute Resolution
13.1 The validity, interpretation, construction and performance of this Agreement will be governed by and
construed in accordance with the laws of England and Wales.
13.2 Any suit involving any dispute or matter arising under this Agreement may only be brought in the Courts in
England and Wales. Both parties hereby consent to the exercise of personal jurisdiction by such Court with
respect to any such proceeding. - Force Majeure
14.1 Performance by either party under this agreement is excused during the period such performance is prevented
or delayed by government restrictions (whether with or without valid jurisdiction), war or warlike activity,
insurrection or civil disorder, or any other causes similar or dissimilar to the foregoing that are beyond the
control of either party and are not foreseeable at the time the agreement is executed. - Severability
15.1 If any particular term, covenant, or provision of this agreement is determined to be invalid or unenforceable,
the invalidity or unenforceability thereof will not affect the remaining provisions of this agreement, which
will nevertheless remain in full force and effect. - Entire Agreement
16.1 This Agreement contains the entire agreement and understanding among the parties hereto with respect to
the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings,
inducements, and conditions, express or implied, oral or written, of any nature whatsoever with respect to the
subject matter hereof. - Luke Richardson 30-day money-back guarantee is commitment dependent. If you have followed all training, nutrition and supplement advice, as well as checking in with a full update every week in the first 30 days (minus annual leave) and not progressed at all – this means weight lifted, weight lost or gained depending on goal, body measurements being the exact same, progress pictures being the same, Luke Richardson will refund your first payment. To be entitled to this guarantee you MUST have brought up your concerns BEFORE asking for the refund so a possible solution can be arranged. If you do not mention any concerns then ask for a refund, it will be void and excludes you from the guarantee.