Terms & Conditions

Introduction

Your agreement is with Lean Wellness and the trainers who deliver your coaching.

a. These Terms and Conditions form part of your agreement with the Trainers. You understand that the coaches are self-employed and you are entering into a contract with them.

b. Your instructions to commence coaching will constitute acceptance of these Terms and Conditions when you will become a client (a “Client” or “you”).You are asked to pay special attention to the provisions related to liability and cancellations. This does not affect your statutory rights.

Coach

All Personal Trainers are fully qualified with individual further qualifications.

Coach’s Obligations

The Coach will use their skills and knowledge to design a safe programme of exercise that will take into account your lifestyle, personal goals, fitness levels and medical history.

a. The Trainer will provide the coaching, supervision, advice and support that you will need to achieve your goals.

b. You understand that the results of any fitness program cannot be guaranteed. Your progress depends on your effort and co-operation in and outside of the Sessions. In particular you acknowledge that individual results may vary and no particular result is guaranteed by your Trainer.

c. All Client information will be kept strictly private and confidential.

Your Obligations

It is understood between you and your Coach that both must commit to your Coaching programme 100% in order for you to achieve results.

a. You are required to arrive on time for each Session or consultation call so that the Coach’s full training plan is achieved on each visit.

b. You are required to wear appropriate clothing and footwear.

c. You are required to complete a Physical Activity Readiness Questionnaire (a “PARQ”) before undertaking your first coaching session.

d. Your Coach may require a letter of ‘medical clearance’ from your GP. Please be aware that your GP may charge for providing this letter.

e. You understand and agree that it is your responsibility to inform your Coach of any conditions or changes to your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury.

f. If your Coach requires further medical information from a practitioner, you must provide such details.

g. You understand that there are inherent risks in participating in a programme of strenuous exercise. If you sustain or claim to sustain any injury while participating in training, you acknowledge that the Trainer is not responsible, except where the injury was caused by his/her gross negligence or intentional act.

h. Your Coach cannot be held liable in any way for undeclared or unknown medical conditions.

Cancellation and Refunds

24 hours’ notice of cancellation or postponement is required for all appointments.

a. Notice of less than 24 hours will incur full payment of the full Session fee.

b. Unforeseen events will be taken into consideration on the day.

c. If the client wants to cancel their package or subscription to Lean Wellness for any reason, one month notice must be given.

d. Packages are non-transferable.

e. Missed session can be rolled into the next week but will not roll into the next month. A new payment must be paid.

f. Should your Coach go away your package will roll over or additional sessions can be arranged around this period in order to keep up with session frequency. Or you will be given the option to train with any of the other trainers who will be well informed of your progress and current programme.

g. Packages for 1:1 mobile personal training and virtual training have a 4 month expiry date in which those sessions must be used or lost. Small group personal training packages for sessions must be used in the 1 month period or lost.

Lateness Policy

If the client is late the Session cannot be extended and will end at the appointed time.

a. If the Coach is late additional time will be added to the Session or to subsequent Sessions.

b. If you are more than 20 minutes late for a Session, your Personal Trainer may choose to cancel the session and in such case you will lose that session and no refund will be made to you for it.

Health and Safety

Your Coach is fully qualified and insured with public liability cover.

b. If your Coach conducts the Sessions on your premises you are responsible for providing a safe exercise environment.

Liability

This Liability section applies only to the extent permitted by law. For the avoidance of doubt, the Coach does not exclude or limit any liability for: (a) personal injury (including sickness and death) where such injury results from his/her gross negligence or wilful default, or that of his/her, agents or subcontractors or (b) fraudulent misrepresentation.

a. The Coach and Lean Wellness (the “Company”) does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, specifications and descriptions of listed packages and services. The Trainer and/or the Company will use their reasonable effort to correct errors and omissions as quickly as practicable after being notified of them.

b. The Coach and Lean Wellness do not accept any liability whatsoever for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Company’s website or services purchased from the Coach and/or the Company or any other damage howsoever caused.

c. The Coach and/or Lean Wellness will only be liable for direct loss up to a maximum total of the price of the Sessions and/or services purchased by the Client in respect of any claim.

d. The Coach shall not be liable for any loss or injury attributable to:

i. the Client’s fault;
ii. a third party unconnected with the provision of services provided by your Coach; or
iii. events which your Coach, nor his/her suppliers or agents could have foreseen or forestalled, even if they had taken reasonable care.
e. The Coach is not liable for loss or damage to your property.
f. The Coach is not liable if you ignore his/her recommendation, at any time, to seek medical advice.

Intellectual Property

Any marketing, educational or other materials, including the Lean Wellness Training programmes and/or any variations there to and its nutrition services materials, made available to you will at all times remain the property of Lean Wellness and is subject to copyright.

a. You undertake to use such materials only for your own personal development and not to copy, publish or reproduce any such materials.

General

You understand that in the unlikely event of your Coach being unable to continue your training, for any reason, subject to availability you can have your Sessions transferred to another similar Coach if he/she agrees to take over his/her training or you can request a full refund from your existing Coach for any unfulfilled Sessions.

a. The Coach has the right to change these Terms and Conditions, for example, to be able to offer new services or as required by law. The Coach will notify you of any change. When such a change(s) is made, if dissatisfied you can cancel this agreement once you have made any payments already due to the Coach.

b. The Trainer may transfer (assign) all or part of this agreement to another trainer or organisation as long as your rights under this agreement are not materially reduced.

c. You are responsible for keeping all your contact information and marketing preferences up to date with the Trainer. In order to comply with the Data Protection Act 1998, the Trainer will only do what you ask him/her to do, or what you have given him/her permission to do with any personal or sensitive information held about you.

d. Your training may be filmed or pictures taken for marketing purposes. Your participation in a Session means you consent to photography, filming and sound recording which may include you as a Client and its use in commercial distribution without payment or copyright.

e. This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts

Events outside of our control

Our carrying out of the Services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the Services or provide them at all. We will use our reasonable efforts to limit the effect of any events beyond our control and we will try to restart the Services as soon as those events have been resolved. In such circumstances we
will keep you informed of the steps we are taking to be able to provide the Services again. Examples of events which might be beyond our reasonable control include (but are not restricted to) us not being able to access the studio at the agreed times of a Session due to war, pandemic, fire or flooding in facilities used by Lean Wellness . Suspension of the Services in line with this clause shall not constitute a breach of the contract by us and we will not be liable to refund any amounts paid to us.

Termination

We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

a. We reserve the right to terminate the Services with immediate effect in the event that:

b. You are verbally or physically abusive to any of our Personal Trainers; or
c. Any Personal Trainer submits a valid compliant about your conduct.

Cookies

We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website.

We use a technology called “cookies”. A cookie is an element of data that the Website sends to your browser that is then stored on your system. We use cookies for the following purposes:
– To gather anonymous data about how our website is used in order to improve how information is presented to our visitors.
Further details of cookies are included in our Cookie Policy (found in our privacy policy).

If you wish to opt-out of our placing cookies on your computer, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.