PHYCORE is a full service providing you with one or all of a combination of Training, Nutritional, Mentoring and Medical advice to you.

Terms and conditions for the supply of our Services to you

By Signing the Client Form, you agree to be bound by these Terms and Conditions.

 

1.  Our contract with you

1.1   These are the terms and conditions on which We will be delivering Training, Nutritional, Mentoring and Medical services to you.

1.2  Please ensure that you read these Terms carefully, and check that the details on the Client Form are complete and accurate, before you sign it. These Terms will become binding on you and Us when We contact you in writing thereafter to confirm that we are able to train you.

1.3  These Terms shall be applicable for the duration of Us providing services to you and any extensions thereof.

1.4  Should We not be able to provide you Our Training, Nutritional, Mentoring or Medical services, We will inform you of this and We will not process your Client Form.

 

2.  Your Training and Mentoring

2.1   The following details of your Training are set out in the Client Form:

•  The Trainer who will be Training you;

•  The duration of each Training session;

•  The total fee to be paid for the Training sessions booked;

•  The Payment details for bank transfer; and

•  Our 48 hour cancellation policy (which is also set out in paragraph 4 below);

 

2.2   The following details of your Nutritional services are set out in the Client Form:

•  The Nutritionist who will be providing you with nutritional advice;

•  The frequency of the advice;

•  The clinic in which you will be provided such advice;

•  The total fee to be paid for the sessions booked;

•  The Payment details for bank transfer; and

•  Our 48 hour cancellation policy (which is also set out in paragraph 4 below);

2.3 The following details of your Mentoring Services are set out in the Client Form:

• The Mentor who will be providing you with mentoring;

• The frequency of the advice;

• The clinic/location in which you will be provided such advice;

• The total fee to be paid for the consultations booked;

• The Payment details for bank transfer; and

• Our 48 hour cancellation policy (which is also set out in paragraph 4 below);

 

2.4 The following details of your Medical advice are set out in the Client Form:

• The medical professional who will be providing you with medical advice;

• The frequency of the advice;

• The clinic in which you will be provided such advice;

• The total fee to be paid for the consultations booked;

• The Payment details for bank transfer; and

• Our 48 hour cancellation policy (which is also set out in paragraph 4 below);

 

2.5  We will agree which of Our Services set out in 2.1, 2.2, 2.3 or 2.4 (one service only, a combination of two, three, four or all four) in the Client Form.

 

3.   Booking Your Training

 

3.1   You may book your Training, Nutritional, Mentoring and/or Medical session(s) once:

• you have signed the Client Form;

• we have accepted your Client Form; and

• we have received payment for the services as set out in your Client Form where your Training, Nutritional, Mentoring and Medical sessions has been purchased in block.

 

3.2  Where payment for the service is to be made on a six weekly basis in accordance with paragraph 9.3(b), you may book Training, Nutritional, Mentoring and Medical sessions with Us once paragraph 3.1(a) and (b) have been fulfilled.

 

3.3   You can book your Training, Nutritional, Mentoring and Medical sessions by emailing the address provided in the Client Form.

 

3.4   Your Trainer, Nutritionist, Mentor and Medical professional will do his best to make himself available to you at the time and date requested. You understand that this however, may not always be possible but We will endeavour to accommodate you at an alternative mutually convenient time.

 

4.  Cancellation and Refunds

We require 48 hours’ notice of cancellation or postponement for all appointments. Where you need to cancel or postpone any Training sessions, you will notify your Trainer in writing to his email address provided on the Client Form. Whilst We are understanding of unforeseen events and will take them into consideration, where notice is of less than 48 hours, We reserve the right at our sole discretion to charge you for one full Training, Nutritional, Mentoring and Medical sessions if applicable.

 

5. Lateness Policy

 

5.1 Each Training, Nutritional, Mentoring and Medical session will start promptly.

 

5.2 If you are late to your Training, Nutritional, Mentoring or Medical session, the session cannot be extended and will end at the appointed time.

 

5.3  If your Trainer, Nutritionist, Mentor or Medical professional is late, he will extend your session for the amount of time that he was late, unless it is not possible to do so, in which case, he will make up the time at your subsequent session.

 

6.  Changes to these terms

 

6.1  We may revise these Terms from time to time at Our sole discretion upon notice to you.

 

6.2  Should we need to revise these Terms, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You may choose to cancel the contract in accordance with paragraph 14.

 

6.3  If you wish to cancel a Client Form before it has been fulfilled, please see your right to do so in paragraph 14.

 

7. Providing services

 

7.1 We will provide you with our Training, Nutritional, Mentoring and Medical services from the date set out in the Client Form.

 

7.2 Your Trainer, Nutritionist, Medical professional or Mentor will endeavour to make himself available to you at the time and date requested. However, there may be delays due to an Event Outside Our Control.

 

7.3 In the event that We are not able to provide Training, Nutritional, Mentoring or Medical services to you, We will contact you to let you know in advance. You do not have to pay for the Training, Nutritional, Mentoring or Medical services while services are suspended in this case, but this does not affect your obligation to pay for the Training, Nutritional, Mentoring or Medical services as set out in your Client Form and paragraph 9.

 

7.4 If you do not pay Us for the Training, Nutritional, Mentoring or Medical session services as agreed and set out in paragraph 9, We may suspend Training, Nutritional, Mentoring or Medical services for you with immediate effect until you have paid Us the outstanding amounts. We will contact you to inform you of this. This does not affect Our right to charge you interest under paragraph 9.8.

 

8. Concerns relating to the services

 

8.1 In the unlikely event that you are dissatisfied with Our Training, Nutritional, Mentoring or Medical services:

• please contact Us and tell Us as soon as reasonably possible; and

• please give Us a reasonable opportunity to rectify the situation.

 

8.2 In such an unlikely event and upon being contacted in accordance with paragraph 8.1, We will conduct a review. If we are satisfied that you have raised legitimate concern, you will not have to pay Us for that Training, Nutritional, Mentoring or Medical session for which such concerns were raised or a refund will be provided to you at Our discretion or provide a discount in accordance with paragraph 9.4.

 

9. Fees and Payment

 

9.1 You will be informed of Our fee for the Training, Nutritional, Mentoring or Medical session in force at the time when We meet you for your initial consultation or when We confirm your Client Form in accordance with paragraph 1.2. Our fees may change at any time, but fee changes will not affect any Training, Nutritional, Mentoring or Medical sessions commenced.

 

9.2 These fees exclude VAT. However, should VAT become payable, We will inform you in writing, with no less than one month’s notice. Thereafter, the fees to be paid for the Training, Nutritional, Mentoring or Medical sessions will be inclusive of VAT from the subsequent Training session bought by you.

 

9.3 Payment of the fees for the Training sessions set out on the Client Form may be paid for in the following ways:

• in advance for a block of Training, Nutritional, Mentoring or Medical session; or

• on a six weekly basis, following receipt of Our invoice setting out Our fee for the Training, Nutritional, Mentoring or Medical services provided to you in that month.

 

9.4 Discounts may be applied at Our sole discretion.

 

9.5 Where you purchase a block of Training, Nutritional, Mentoring or Medical sessions in accordance with paragraph 9.3(a), We and you shall agree a date by which such sessions must take place. We will confirm the arrangement in writing when We confirm the Client Form in accordance with paragraph 1.2.

 

9.6  Payments made under this paragraphs 9.3(a) and (b) must be made by bank transfer to Our Bank Account set out on our Client Form. We will confirm the arrangement in writing when We confirm the Client Form in accordance with paragraph 1.2.

 

9.7 All payments for Training, Nutritional, Mentoring or Medical sessions must be paid and in cleared monies:

• before the first Training, Nutritional, Mentoring or Medical session may be booked, where you are purchasing sessions in a block in accordance with paragraph 9.3(a); and

• within 14 calendar days of the date of Our invoice, where you are purchasing Training, Nutritional, Mentoring or Medical sessions in a block in accordance with paragraph 9.3(b).

 

9.8  If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 2% a month, above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.

 

10. Our liability to you

 

10.1 We will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time We entered into this contract.

 

10.2 We have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, legal fees or any other professional fees.

 

10.3 We exclude all liability for:

• death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors, Trainers, Nutritionists, Mentors or Medical Professional; and

• fraud or fraudulent misrepresentation;

 

10.4 Neither We nor the Trainer, Nutritionist, Mentor or Medical professional shall be liable for any loss or injury attributable to:

• Your fault; or a third party unconnected with the provision of services provided by Us or your Trainer, Nutritionist, Mentor or Medical professional; or

• events which We or your Trainer, Nutritionist, Mentor or Medical professional, even if they had taken reasonable care; or

• loss or damage to your property.

 

10.5 The Trainer, Nutritionist, Mentor or Medical professional is not liable if you ignore his/her recommendation, at any time, to seek medical advice.

 

11. Health and Safety

 

11.1 By signing the Client Form, you understand that:

• the trainer is not able to provide you with medical advice. Any advice given in relation to fitness is to be treated as recommendations for your general fitness.

• the nutritionist is not able to provide you with medical advice. Any advice given in relation to nutrition is to be treated as recommendations for your general fitness.

• the mentor is not able to provide you with medical advice. Any advice given in relation to mentoring is to be treated as recommendations for your general fitness.

• the trainer will Train you in the way he, in his opinion, feels is best suited to you with his qualifications as a personal trainer, however, you are free to do or not do any of that which is recommended to you in Training.

• the nutritionist will advise you in the way he, in his opinion, feels is best suited to you with his qualifications as a nutritionist, however, you are free to do or not do any of that which is recommended to you in your sessions.

• the mentor will mentor you in the way he, in his opinion, feels is best suited to you with his qualifications as a mentor, however, you are free to do or not do any of that which is recommended to you in Training.

• the medical professional will advise you in the way he, in his opinion, feels is best suited to you with his qualifications as a medical professional, however, you are free to do or not do any of that which is recommended to you in your sessions.

• You understand that it is your choice to partake in any of the training recommended to you and therefore you are voluntarily engaging in the exercise you have been recommended.

• such exercise may involve risks of injury and to health and that We are not responsible for any such injury or ill-health resulting from your exercising during our Training.

• It is your own responsibility to decide the appropriate limits of your exercise.

• It is your own responsibility to seek medical advice whether or not it is at the advice of your Trainer, Nutritionist, Mentor and/or Medical professional.

 

12.  Confidential Information

 

12.1 We will keep the Confidential Information disclosed to Us during Training, Nutritional and Mentoring confidential and, except with the prior written consent from you, shall not:

• use or exploit the Confidential Information in any way; or

• disclose or make available such Confidential Information in whole or in part to any third party, except as expressly permitted by this agreement; or

• copy, reduce to writing or otherwise record the Confidential Information;

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12.2  We shall apply the same security measures and degree of care to the Confidential Information belonging to you as We apply to Our own confidential information which We warrant as providing adequate protection from unauthorised disclosure, copying or use.

 

13. Events Outside Our Control

 

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

 

13.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

 

13.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

• We will contact you as soon as reasonably possible to notify you; and

• Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of the services to you, We will restart the services as soon as reasonably possible after the Event Outside Our Control is over.

 

14. Your rights to cancel and applicable refund

 

14.1 Once We have begun Our Training, Nutritional, Mentoring or Medical session; Training, you may cancel this contract by providing Us with six weeks’ notice in writing. Any advance payment you have made for services that have not been provided will be refunded to you.

 

15. Our rights to cancel and applicable refund

 

15.1 We may have to cancel the Contract, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide Training, Nutritional, Mentoring or medical session. If this happens:

• We will promptly contact you to let you know;

•  if you have made any payment in advance for services that have not been provided to you, We will refund these amounts to you.

 

15.2 We may cancel the contract for Training, Nutritional, Mentoring or Medical sessions at any time with immediate effect by giving you written notice if:

•  you do not pay Us when you are supposed to as set out in paragraph 9.2. This does not affect Our right to charge you interest under paragraph 9.8; or

•  you breach the contract in any other material way.

 

16.  Information about Us and how to contact Us

 

16.1  We are a company registered in England and Wales. Our company registration number is 10012050 and Our registered office is situated at Flat G 3 Grenville Place London SW7 4RU

 

16.2  If you have any questions or if you have any complaints, please do contact Us. You can contact Us by e-mailing Us at info@phycore.co.uk.

 

16.3  If you wish to contact Us in writing, or if any term in these Terms requires you to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), you can send this to Us by e-mail, by hand, or by pre-paid post to PHYCORE at info@phycore.co.uk. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Client Form.

 

17.  How We may use your personal information

 

17.1 We (as Data Processor) will use the Personal Data you provide to Us (as Data Controller), in accordance with the Data Protection Act 1998 and all applicable laws, enactments, regulations, orders, standards and other similar instruments, to:

• provide the Training, Nutritional, Mentoring and Medical services;

• process your payment for it; and

• inform you about similar services that We provide (if any), but you may stop receiving these at any time by contacting Us.

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17.2 We will not process your Personal Data for any purposes other than those set out in paragraph 17.1 or without prior written authority from you.

 

17.3 We will not give your Personal Data to any third party.

 

17.4 We warrant that, having regard to the state of technological development and the cost of implementing any measures, it will:

• take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to:

• the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and the nature of the data to be protected.

• take reasonable steps to ensure compliance with those measures.

 

17.5 You acknowledge that We are reliant on you for direction as to the extent to which We are entitled to use and process the Personal Data. Consequently, We will not be liable for any claim brought by you arising from any action or omission by Us, to the extent that such action or omission resulted directly from you.

 

18. Other important terms

 

18.1 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

 

18.2 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

 

18.3 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.

 

19. Definitions

 

19.1When the following words with capital letters are used in these Terms, this is what they will mean:

• Event Outside Our Control: is defined in paragraph 13.2;

• Client Form: your order for the Training as set out overleaf;

• Confidential Information: information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to your business or personal affairs whether or not you express state to us that it is confidential.

• Data Controller: has the meaning set out in section 1(1) of the Data Protection Act 1998, namely you;

• Data Processor: PHYCORE of Flat G 3, Grenville Place, London, United Kingdom, SW7 4RU.

• Data Subject: an individual who is the subject of Personal Data, namely you;

• Medical Professional: the medical professional who will be providing medical consultation.

• Medical Services: the medical service that We are providing to you.

• Mentor: the mentor who will be providing mentoring during your programme.

• Mentoring or Mentoring Services: the mentoring service that We are providing to you.

• Nutritionist: the nutritionist who will be providing nutritional advice during the programme.

• Nutrition or Nutritional Services: the nutritional service that We are providing for you.

• Personal Data: has the meaning set out in section 1(1) of the Data Protection Act 1998 and relates only to personal data, or any part of such personal data, in respect of which the Company is the Data Controller and in relation to which the Processor is providing services under this agreement;

• Processing and process: have the meaning set out in section 1(1) of the Data Protection Act 1998;

• Train or Training: the bespoke fitness training sessions that We are providing to you and tailor made for you;

• Trainer: the fitness trainer that will be providing you with our fitness training sessions;

• Terms: the terms and conditions set out in this document; and

• We/Our/Us: PHYCORE of Flat G 3 Grenville Place London SW7 4RU United Kingdom.

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19.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.

 

19.3 Reference to one gender includes the opposite sex.