Marc Dressen Personal Training - Terms & Conditions
All agreements are entered into by and between the Personal training & coaching provider Arameus Ltd. trading as Marc Dressen Personal Training.
Contract: the contract between Arameus Ltd., being the supplier of the Services, and the Participant for the supply of System and/or Services in accordance with these Conditions.
Exercise test: test performed at the outset of the Contract involving changing intensity and ongoing evaluation by the Supplier, the Participant may stop the Exercise Test at any time.
Participant: the person who purchases the System and/or Services from the Supplier, reference to one gender shall include the other.
Services: include Personal Training (PT) purchasable on a monthly contract (sessions are approximately 30min. or 1h in length); full body assessments (Body Fat analysis, BMR, Blood Pressure, and any other appropriate assessments); Boot Camps (BC) (30min. & 45min.) and Personal Coaching (30min. & 1h), such Services may vary between Participants as agreed.
Supplier: Arameus Ltd, a company incorporated in England and Wales, registered off Kingsdown Lodge, West Kingsdown, Kent TN15 6AR, company registration number 8992413.
2. BASIS OF CONTRACT
These terms and conditions, once signed by the Participant, form the Contract and this Contract constitutes the entire agreement between the parties. This Contract applies to the exclusion of any other terms that the Participant seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. SUPPLY OF SERVICES
3.1 The Supplier shall provide the Services to the Participant in accordance with the Contract in all material respects and the Supplier warrants to the Participant that the Services will be provided using reasonable care and skill.
3.2 The Supplier warrants that the PT & BC training is offered with relevant insurance, proof may be provided if request.
3.3 The Supplier may refuse to provide the Services if the Participant’s evaluation results indicate that this is appropriate.
3.4 The Supplier may be required to touch the Participant to correct posture or focus the Participant on particular body areas (“Touch Training”), the Participant may require the Participant to stop Touch Training at any time.
3.5 The Participant’s results are not guaranteed and depend to a large extent on the Participant’s effort and lifestyle outside of the Services.
4. PARTICIPANT’S OBLIGATIONS
4.1 The Participant shall:
(a) before the Exercise Test disclose any and all medical conditions to allow for an accurate evaluation to be undertaken by the Supplier, such disclosure to be made by way of completing the PAR-Q on the personal training & boot camp agreement form, no Exercise Test or any other Services shall be supplied until the PAR-Q is completed in all cases;
(b) immediately notify the Supplier of any discomfort or unusual feelings during the Exercise Test or any subsequent PT or BC session;
(c) pay all sums due under the Contract without deduction;
4.2 give at least 24 hours’ notice to the Supplier if unable to attend a training session in accordance with clause 7, if such notice is not given the Participant shall be deemed to have missed an appointment and no refund given;
4.3 If the Supplier’s performance of any of its obligations in respect of the Services is prevented by any act/omission by the Participant (Participant Default):
(a) the Supplier has the right to suspend performance until the Participant remedies the Participant Default and shall not be liable for any costs or losses sustained or incurred by the Participant arising as a consequence; and
(b) the Participant shall reimburse the Supplier on written demand for any costs or losses incurred by the Supplier arising directly or indirectly from the Participant Default.
5. MEDICAL DISCLAIMER
5.1 The Participant must consult with a doctor before undertaking any regime of strenuous exercise and the Supplier shall be entitled to rely on the Participant’s confirmation of having done so;
5.2 For the avoidance of doubt, the Participant warrants that he has made all necessary enquiries and that all information presented to the Supplier is accurate;
5.3 The Participant must not rely on the information in this Contract, any promotional material used by the Supplier or given within the PT & BC training as an alternative to medical advice from his doctor or other professional healthcare provider.
5.4 If the Participant has any specific questions about any medical matter, he should consult a doctor or other professional healthcare provider.
5.5 The Participant is responsible for seeking immediate medical attention at any point this appears to be necessary to him.
5.6 Nothing in this medical disclaimer will exclude any of Supplier’s liabilities that may not be excluded under applicable law.
6. CHARGES AND PAYMENT
6.1 PT & BC sessions shall be purchased in “monthly blocks” or “monthly memberships” in advance of the actual training sessions, the detail of which shall be recorded at the end of this Contract;
6.2 All prepaid PT sessions shall expire 2 months and BC sessions shall expire 1 months from the date of purchase unless expressly agreed otherwise by the Supplier and recorded in writing;
6.3 Payment is non-refundable;
6.4 The Participant shall attend at least one session per week for the Bronze & Silver option and at least two sessions per week for the Gold & Platinum option, failing which a charge for the missed session shall be applied.
7. LATENESS AND RESCHEDULING OF INDIVIDUAL SESSIONS
7.1 If the Participant is less than 15 minutes late, the session shall continue but such lateness shall not be added on to the end of the session.
7.2 If the Participant is more than 15 minutes late, the Supplier shall be entitled to cancel the session and no refund shall be applied.
7.3 The Participant may cancel an individual session no less than 24 hours before the appointment by telephoning 0044 77 88 200 893 and leaving a message with all relevant details or using the online booking system on www.marcdressen.com.
7.4 For the avoidance of doubt, such cancellation will enable the Participant to reschedule the appointment but a refund will not be given.
7.5 An appointment may be rescheduled a maximum of twice before it is deemed cancelled on a non-refundable basis.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All Intellectual Property Rights in or arising out of any supply under this agreement shall be owned by Arameus Limited.
8.2 The Participant shall not share or disclose the proprietary training methods supplied by the Supplier under this Contract to any third parties.
8.3 The Participant shall allow use of photographs, testimonials and any other media relating to him unless such consent is withdrawn in writing.
9.1 A party shall keep in strict confidence all information which is of a confidential nature and have been disclosed to the Receiving Party by the other party, except insofar as is necessary to discharge its obligations under this Contract and such information shall be used only in connection with this Contract.
9.2 This clause shall survive termination of the Contract.
10. LIMITATION OF LIABILITY: THE PARTICIPANT’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
10.1 The Supplier shall under no circumstances whatever be liable to the Participant, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract;
10.2 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
10.3 The Supplier shall not be liable for any injury or illness that arises from the Participant’s failure to disclose a medical condition either before or during the Exercise Test of actual training sessions.
10.4 This clause shall survive termination of the Contract.
11.1 The Supplier may terminate this Contract immediately upon the Participant failing to adhere to the terms of the Contract.
11.2 The Participant may cancel the PT contract by giving one month’s written notice. If notice is given part way through a month, the contract payment due will be pro-rated.
11.3 The Participant may cancel the BC contract by giving 7 days written notice. If notice is given after the 7 day notice period, the contract payment due will be pro-rated.
12. FORCE MAJEURE
12.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party 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 subcontractors. This includes any such event at the training venue agreed by the Supplier and Participant.
12.2 The Supplier shall not be liable to the Participant as a result of any delay/failure to perform its obligations under this Contract as a result of a Force Majeure Event. Sessions cancelled under this clause may be rescheduled at the Supplier’s discretion.
13.1 Assignment and transfer. The Supplier may at any time deal in any manner with all or any of its rights under the Contract and may subcontract any or all of its obligations under the Contract to any third party. The Participant shall not, without the prior written consent of the Supplier assign or transfer the benefit of this Contract.
13.2 Notices. Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and may include email and fax, which shall be deemed to be served immediately, or post which shall be deemed to be served two Business Days after postage.
13.3 Waiver. If the Supplier fails to insist that the Participant performs any of its obligations under these Terms or delays in doing so, that will not mean that the Supplier has waived its rights against the Participant.
13.4 Severance. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 No partnership or agency. Nothing in the Contract shall be deemed to constitute a partnership or joint venture of any kind between any of the parties and no party shall have authority to act as agent for, or to bind, the other party in any way.
13.6 Third parties. A person who is not a party to the Contract shall not have any rights under or in connection with it.
13.7 Variation. Except as set out in these Conditions, any variation to the Contract shall only be binding when agreed in writing and signed by the Supplier.
13.8 These Terms are governed by English law and the parties submit to the exclusive jurisdiction of the English courts.