TERMS AND CONDITIONS
PARADIGM FITNESS
TERMS AND CONDITIONS OF BUSINESS
1 About Paradigm Fitness and Our Products and Services
Paradigm Fitness provides endurance sport and strength training services. These Terms, along with any documents or other processes referred to in them, set out the basis on which these products and services are provided. We will not provide any products or services to you until you have confirmed that you agree to be bound by these Terms.We reserve the right to make changes to these Terms at any time. If we do so and at that time we are continuing to provide any services to you, we will notify you that our Terms have changed and provide you with a copy of the updated Terms. If you do not accept our new Terms you will need to let us know within fourteen (14) days, and if you do not do so you will be deemed to have accepted those new Terms.
We advise that you print and retain a copy of these Terms for your future reference.
In these Terms, references to “Paradigm Fitness”; “we”; “us”; and “our” are references to Paradigm Fitness.
References to “you” are to you, a client or prospective client of Paradigm Fitness, and the term “your” shall be construed accordingly.
In addition to the definitions identified above, the following terms have the following meanings:
“Confidential Information” means all information, whether technical or commercial including without limitation all specifications, drawings and designs, whether disclosed in writing, on disc, orally or by inspection of documents or during discussions between you and us, where the information is (a) identified as confidential at the time of disclosure; or (b) ought reasonably to be considered confidential given the nature of the information or the circumstances of disclosure.
“Account” means an account in the scheduling/programming portal TrainingTilt.
“Delivery” means delivery of a training programme to you, and the term “Deliver” shall be construed accordingly.
“Fees” means the fees payable in respect of the Package you choose, including any additional costs that we invoice to you in accordance with these Terms.
“In-Person/Remote Appointment (s)” means appointments carried out in a face to face setting or remotely via a video portal.
“Order” means an order by you for any of our Packages.
“Package(s)” means the training package(s) on offer on our Website.
“Stripe” means the online secure payment portal we use to handle payments to us (Stripe).
“Terms” means these terms and conditions.
“Website” means our website at https://paradigmfitness.co.uk (or any successor website).
Any documents referred to in these Terms form part of these Terms and shall be interpreted accordingly. The clause headings in these Terms are inserted for ease of reference only and do not affect the construction or interpretation of these Terms.
In these Terms the singular shall be deemed to include the plural and the plural shall be deemed to include the singular unless the context requires otherwise.
2 Purchasing a Package from Us
To order any of our Packages, please follow the instructions in the “Home” section of our Website. Once you have done so and payment has been confirmed by our ‘Stripe’ payment portal, your Order will come through to us. We may from time to time need to conduct security and other verification procedures in relation to the information you provide, and by placing an Order with us you agree to our doing so.
By placing an Order with us you warrant that you are legally capable of entering into binding contracts, that you are not in any way prohibited by any local laws to agree to these Terms or to purchase any of our Packages, and that the information you have provided to us is true and accurate. If any of that information changes then please contact us so that we can update our records.
3 Formation of Contract with Us
Your Order constitutes an offer to us to buy one of our Packages. Once we have received confirmation that your payment has been processed we will send you an order confirmation email, and the contract between you and us will be formed when we send you that confirmation email.
4 Timescales and Delivery of Your Account
Once we have confirmed your Order we will set up and activate your account as quickly as we are able to, but as a guide we try our very best to activate every account within seven (7) days of an Order being placed.
5 Client / Trainer Agreement
i) We will use our skills and knowledge to design a safe programme of exercise that will take into account your personal goals, fitness levels and exercise likes and dislikes.
ii) We will provide the coaching, supervision advice and support that you may need to help achieve your goals. Your progress will be regularly monitored and the programme revised and adjusted accordingly.
iii) We will provide all necessary equipment and will organise appropriate venues for all training sessions.
iv) Your information will be kept strictly private and confidential. If we require further medical information from a practitioner, you must provide such details.
v) It is understood between you and us that both will commit to the programme and give 100% effort.
vi) You are required to arrive 5 minutes prior to a training session so that a full session can be achieved on each visit.
vii) You are required to wear appropriate clothing and footwear. Clothes should be loose fitting and non-restrictive. Footwear should be comfortable and provide adequate support.
6 Fees and Payments
Package prices are set out on our Website. Unless our Website states otherwise, the prices on the Website include all applicable value added taxes. We reserve the right to change our prices at any time. If we become liable to charge any taxes or duties we will contact you.
We of course make every effort to ensure the prices on our Website are correct. If for any reason they are not we will inform you of the correct price of any Package you have sought to Order and you will then have the option to proceed with your Order, subject to you paying the correct price, or to cancel your Order.
If you do not complete the payment process or if payment is not received in full (including any applicable taxes) we will not process your Order, so please ensure that you do complete all the steps on our Website to make sure your Order can be processed by us.
We are a small business and as such we rely on our clients paying us on time. If any sums are not paid within the timeframes set out in these Terms, we reserve the right to charge interest on all outstanding sums calculated in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
7 In-Person/Remote Appointment Fee Charging
i) Payment for In-Person/Remote Appointments must be made at the time of booking.
ii) Block bookings must be paid for in advance but do not have to be booked in advance. However, all sessions must be redeemed within 90 days of purchase.
8 Paradigm Fitness’s Obligations
In consideration of and subject to payment of the Fees and your compliance with these Terms, Paradigm Fitness agrees to provide your Package in accordance with these Terms, and to perform our obligations with reasonable care and skill.
We will make every effort (a) to Deliver your account within seven (7) days after confirming receipt of your Order by email in accordance with these Terms.
9 Your Obligations
In consideration of Paradigm Fitness providing the Package to you, you agree:
(a) to provide us with all information requested by us as quickly as possible so that we are able to work within the timescales agreed between us;
(b) to make every effort to meet agreed deadlines and to let us know as soon as possible where this is not achievable; and
(c) to make payment of all Fees and any additional costs recharged to you within our payment deadlines.
10 Privacy and Data Protection
To find out about what we do with and how we look after your personal data, and your rights in relation to that data, you can read our Privacy Notice, which can be found here.
You can also find out about the cookies used on our Website by reading our Cookies Policy, which can be found here.
11 Confidentiality
Both you and we agree to protect the Confidential Information of the other party against unauthorised disclosure by using the same degree of care in relation to the other party’s Confidential Information as is taken to preserve and safeguard our own Confidential Information of a similar nature, being at least a reasonable degree of care. The obligations set out in this section will not apply to Confidential Information which the receiving party can demonstrate (a) is or has become publicly known other than through breach of these confidentiality provisions; or (b) was in possession of the receiving party prior to disclosure by the other party; or (c) was received by the receiving party from an independent third party who has full right of disclosure; or (d) was required to be disclosed by law or by a governmental authority or regulatory body, and in such circumstances the party subject to the requirement to disclose agrees to notify the other party of the requirement to disclose.
12 Disclaimer
Use of the information in the services provided (training plans) is at your own risk and you remain responsible for your own training. If you are in doubt, especially medically, then always seek professional, trusted advice and seek medical screening if new to and not used to vigorous exercise.
If correctly carried out, we believe that the progression/ overload of the training plans are safe and beneficial. Incorrect technique, excessive overload or progression and/or your individual bio-mechanics or medical circumstances may, however, expose you to the risk of injury or health issues and we hereby exclude (to the maximum extent permitted) all and any liability in respect thereof.
13 Termination and Cancellation
You shall be entitled to cancel your Order at any time, for any reason, within fourteen (14) days of purchase. In order to do so you will need to contact us in writing or by email at enquiries@paradigmfitness.co.uk providing the following information:
(a) notification of your wish to cancel;
(b) financial information to enable us to refund the Fees paid; and
We will make every effort to refund the full amount of Fees paid to us within seven (7) days, subject to you providing us with the information set out above.
14 In-Person/Remote Appointment Cancellation
i) 48 hours notice of cancellation is required for all appointments.
ii) Notice of between 24 and 48 hours will require a 50% payment of the session fee.
iii) Notice of less than 24 hours notice will incur full payment of the session fee.
15 In-Person/Remote Appointment Lateness
i) If you are late for an In-Person/Remote Appointment the session will not be extended and will end at the appointed time.
ii) If we are late, additional time will be added to the session or to subsequent sessions.
16 Warranties
By using our website, you understand and agree that all services I provide are “as is” and “as available”. This means that I do not represent or warrant to you that:
i) the use of our services will meet your needs or requirements.
ii) the use of our services will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our services will be accurate or reliable, and
iv) any defects in the operation or functionality of any services we provide will be repaired or corrected.
17 Limitation of Liability
In the event that we fail to comply with any of our obligations under these Terms then you agree that we will have a reasonable opportunity to correct any errors and re-perform those obligations.
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. We will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Both you and we accept that the limitations and exclusions set out in these Terms are reasonable having regard to all the circumstances.
18 Events Out of Your or Our Control
Neither you nor we will be in breach of these Terms or liable for any delay in performing, or failure to perform, any of our respective obligations if that delay or failure results from events, circumstances or causes beyond that party’s reasonable control. In such circumstances the affected party will be entitled to a reasonable extension of the time for performing the relevant obligations, unless you and we agree otherwise.
19 Health Screening
i) You must complete a PAR-Q before commencing any exercise programme.
ii) We may require a letter of ‘medical clearance’ from your GP. Please be aware that your GP may charge you for this.
20 General