Terms & Conditions

AGREEMENT FOR THE PROVISION OF PERSONAL TRAINING SERVICES 
(1) THE PRINCIPAL: PT Workspace LTD company registered in England and Wales (Company Number: 10458642)
(2) THE CONTRACTOR: You, Your.

General

  1. Please note freelance PTs are not employees of the ‘PT Workspace’ but are self-employed, independent, freelance trainers. Clients acknowledge that in engaging an Freelance PT they are entering into a contract with him / her alone and not with the ‘PT Workspace’ or any of its subsidiary companies, and that any claim they may have to recover any fees paid in advance will be solely against the trainer to whom payment was made.
  2. Payments to trainers must be made directly to the trainer and not through the studio. Clients can pay trainers direct by cash/debit card or cheque. Clients should ensure they get a receipt from their trainer as PT Workspace will not have a record of these transactions.
  3. Freelance PTs operate on a pre-pay basis and all sessions must be paid for in advance. Bookings will not be confirmed until payment has been received via the PT Workspace booking App.
  4. Once the Trainer and client have agreed upon the most appropriate training programme / package, payment must be made before the sessions are conducted. Failure to make a payment will result in sessions being forfeit.
  5. Clients must contact their Trainer directly by phone to cancel or change booked sessions (even a free consultation). Cancellations made with less than 24 hours’ notice will incur full charge. Cancellations for packages will mean loss of payment and sessions, no refund is available once package is purchased.
  6. All sessions will last 1 hour unless otherwise stated and will start and finish on time. Trainers may not be able to provide a full hour if clients are late to a session. However, if the Trainer is late for a session, clients will still receive the full session time or have the outstanding time added to another session.
  7. The results of any training programme or coaching course cannot be guaranteed and progress depends on the client’s effort and cooperation in and outside of the sessions. Individual results may vary and no particular result is guaranteed by either the Trainer or the studio.
  8. Only one client is permitted within each PT sessions unless a PT Duo Package is purchased via the booking app.
  9. No Access is permitted to anyone without a key fob to PT Workspace studio or facilities.
  10. You must have permission via the studio manager to train yourself within PT Workspace. Prior notice must be given in advance.
  11. Consultations must be organised with the studio manger, consultations includes use of seating areas only. Use of the gym space will require package and normal booking procedures.
  12. Cancellations require 24 hours’ notice minimum or forfeit of session and payment.
  1. Background
    1.  You have requested and we have agreed to your use of the Facilities for the provision of Personal Training Services under the terms of this Agreement.
    2.  This Agreement revokes and replaces any prior written, verbal or implied agreement or arrangement (if any) between you and us.
  2. Definitions
    In this Agreement the following terms have the meanings set out below.

    1. Facilities:PT Workspace 87-89 Shepperton Road , Islington, N1 3DF, sports equipment, utilities
  3. Provisions
    1. PT Workspace is not responsible for providing programming and/or coaching to the Contractor.
    2. PT Workspace cannot guarantee that any and all the equipment will be available. Every attempt will be made to ensure that equipment is serviceable and in full and good working order. In the event of an issue arising due to access to equipment the Contractor will in the first instance discuss the issue with the Facility Manager.
    3. This Agreement shall be for the duration of the Term (or Renewal Term, if applicable).
    4. PT Workspace is under no obligation to renew or extend the Term of this Agreement.
    5. This Agreement does not entitle the Contractor or their clients access to programming, courses, classes or other sessions held and or run by PT Workspace .
    6. PT Workspace  holds the right to amend its policies and/or Standard Operating Procedures without prior agreement with the Contractor. Any changes will be passed onto the Contractor within one month of the amendment.
    7. The Contractor must hold the following professional qualifications as a minimum:
      1. REPS Level 3 Health and Fitness. (or equivalent)
  4. Performance of the Personal Training Services
    1. Throughout the Term (or Renewal Term, if applicable), you will:
      1. Perform the Personal Training Services in accordance with the terms of this Agreement or any reasonable direction from us;
      2. Perform the Personal Training Services diligently, with all necessary skill and care and in accordance with proper professional standards;
      3. Perform the Personal Training Services expeditiously and in accordance with the dates and times as agreed between you and us;
      4. Faithfully carry out your obligations under this Agreement to the best of your ability;
      5. Observe all lawful requests made by any person authorised by us; and
      6. Ensure you follow our policies and procedures as notified to you from time to time.
    2. You warrant that you have the expertise necessary to perform the Personal Training Services.
    3. In carrying out your obligations under this Agreement you agree to comply with all applicable laws including but not limited to privacy laws, health and safety laws, anti-discrimination laws, competition and consumer protection laws and tax laws.
  5. Contractor Fees
    1. The Contractor Fee shall be paid to PT Workspace via the Booking App.
  6. Insurance
    1. The Contractor is required to hold and maintain comprehensive insurance cover against public liability and personal injury with a minimum of £1 million and professional liability insurance. Copies of all current policies must be provided to and held by PT Workspace . If PT Workspace is required to make a claim against its own insurance as a result of actions taken by the Contractor, the Contractor will be responsible to meet any excess and costs incurred in respect of such claim. 2/7
    2. The Contractor must undertake risk assessments and show evidence that the outcomes of the assessments have been acknowledged and appropriate systems put in place to limit any risk. Copies of all risk assessments must be provided to and held by PT Workspace
  7. Contractor Undertakings The Contractor shall:
    1. Be responsible for use of the Facilities by your Clients;
    2. Not assign, sub-contract or otherwise part with, any of its rights or obligations under this Agreement;
    3. Cooperate with PT Workspace directors and other staff at all times to enable them to carry out their duties and obligations;
    4. Not sub-let any part of the Facilities;
    5. Not sell or trade goods while on the premises without the prior written consent of PT Workspace;
    6. Not remove any equipment belonging to PT Workspace  from the premises;
    7. Not part with possession of the Facilities or any part thereof;
    8. Take all reasonable steps to ensure the health and safety of any persons for whom the Contractor is responsible, including, but not limited to, any spectators;
    9. Be held responsible for any damage incurred to equipment or the fabric of the Facilities or grounds accepting normal wear and tear. The Contractor is required to inform the Facility Manager of any damages at the first opportunity, and if reasonable and possible, the Facility Manager shall be given the opportunity to inspect the damage;
    10. Be held responsible for the actions, behaviour and conduct of all their Clients;
    11. Be responsible for supervising juniors whilst on the Facilities until the group vacate site. The Contractor is responsible for ensuring persons under the age of 18 are supervised by an accompanying adult; No Clients shall be under the age of 18;
    12. Provide PT Workspace  with evidence of appropriate qualifications, First Aid certificates and insurances. This evidence must be maintained and kept up to date.
    13. Ensure that their clients are able and healthy enough to undertake the activity for which they are to participate in while using the Facilities.
    14. Indemnify PT Workspace  from and against all actions, proceedings, costs, claims, demands or other liability which may arise in any way whatsoever in connection with an breach of the terms of this Agreement;
    15. Observe any security requirements for the use of the Facilities as the Facility Manager may specify; and
    16. Return the Facilities to the condition in which they were found following each use. This includes the collection and disposal of litter. The Facilities are to be left in a clean and tidy condition and securely locked (if appropriate).
  8. General Conditions The Facilities are to be used by the Contractor as detailed in this agreement.
    1. Equipment: Such equipment as agreed with the Contractor will be provided by PT Workspace  in good working order. Equipment brought onto site by the Contractor must meet all appropriate standards and be used in accordance with health and safety regulations. It is the responsibility of the Contractor to ensure that equipment they have brought onto site and use is in good working order and risk assessments have been completed. PT Workspace  can inspect equipment at any time.
    2. Security: PT Workspace  reserves the right to request references and conduct Criminal Record Checks on any and all members of visiting parties, at our cost. Contractors will be asked for authorisations prior to checks being conducted in relation to their Client(s). Contractors are expected to remain vigilant to security and 3/7 question people who are not their Clients and who are lingering in and around the Facilities. Concerns must be raised with the Facility Manager.
    3. Health and Safety: The Contractor will be briefed on PT Workspace  Standard Operation Procedures, who will impart this information to any persons for whom the Contractor is responsible as appropriate prior to commencing use of the Facilities.
    4. First Aid Provision: All incidents where First Aid is administered must be recorded and reported to the Facility Manager.
    5. Smoking and Alcohol: Prohibited in and around the Facilities.
    6. Food and Drink: Food can only be consumed in the Reception Area. Cold drinks can be taken into the Gym Floor in appropriate plastic vessels however any spillage will result in the immediate suspension of an activity, until cleared.
    7. Parking: All vehicles must be parked in the designated parking area. PT Workspace reserves the right to on occasion instruct Contractors and their Clients to park ‘off-site’. PT Workspace accepts no liability for the loss or damage to any vehicles or its contents.
    8. Conduct & Behaviour: PT Workspace reserves the right to remove and/or exclude from the site any person or persons whose behaviour is considered by the Facility Manager to be inappropriate, dangerous or offensive.
    9. Accident and Incident Reporting: PT Workspace must be informed of all accidents or incidents no matter how minor as identified in the Standard Operating Procedures.
    10. Clothing/Footwear: Appropriate clothing and clean footwear must be worn for each surface and activity. PT Workspace accepts no responsibility for items left unattended throughout the Facility.
    11. Contractors:
      1. Are not PT Workspace employees;
      2. Are required to meet, greet and supervise their Clients at all times ​while in the Facilities;
      3. Will on arrival record their presence in accordance with Standard Operating Procedure; and,
      4. Are responsible to supervise their clients while in the Facilities, ensuring that clients use the equipment and conduct themselves in a safe and courteous manner.
    12. The Contractor does not have exclusive rights of access and will be required to share the Facilities with PT Workspace and its members. In the event of an issue arising due to access to equipment the Contractor will in the first instance discuss the issue with the Facility Manager. Formal complaints will be addressed to the Facility Manager, who will review the problem and advise the Contractor of their decision and action to be taken. The decision of the Facility Manager is final.
    13. The Contractor will not interfere with the running of classes and courses organised by PT Workspace.
    14. No equipment belonging to the Contractor may be stored on the premises.
  9. Limitations of Liability
    1. PT Workspace accepts no responsibility for loss or damage to property of the Contractor or by any persons for whom the Contractor is responsible while in the Facilities
    2. PT Workspace and its directors shall be under no liability in respect of personal injury to or, the death of any person caused by the negligence or recklessness of the Contractor or by any persons for whom the Contractor is responsible.
    3. PT Workspace accepts no liability in the event of technical and/or emergency failures in or during events beyond the control of PT Workspace and reserves the right to restrict use of the Facilities in such circumstances. The Contractor will be notified of any restrictions as soon as PT Workspace is aware of such event.
  10. Termination Events The following shall be deemed to be Termination Events:
    1. Non payment of the Contractor Fee and/or any other payments owed by you to PT Workspace when due;
    2. Failure to adhere to Standard Operating Procedures;
    3. The Contractor purports to or promote themselves as being part of or connected to PT Workspace;
    4. Any activity undertaken by the Contractor that substantively varies or is in violation of this Agreement;
    5. The Contractor becomes bankrupt or insolvent;
    6. The Contractor convicts a criminal offence;
    7. The Contractor commits an act involving fraud, deceit or dishonesty; and or
    8. Breach of any other terms of this Agreement. Termination of this Agreement for whatever reason shall be without prejudice to any rights or obligations that have accrued or are owing before the termination.
  11. Consequences of Termination Event Following a Termination Event or PT Workspace reasonable belief that a Termination Event has occurred, PT Workspace may enforce all of any of the following rights with or without notice to the Contractor:
    1. Reduce or withdraw the Facilities from use by the Contractor;
    2. Demand compensation from the Contractor for any loss or cost incurred by PT Workspace as a result of the early termination of this Agreement; and
    3. [others] Contractor Fees are non-refundable.
  12. Relationship 5/7 The Contractor ​acknowledges and agrees that:
    1. In providing the Personal Training Services, you act as an independent contractor and not as an employee, partner or agent of ours;
    2. You will be responsible for payment of income tax payable on the fees and all other amounts paid to you to perform the Personal Training Services under this Agreement and will indemnify us against any liability for deduction of such tax;
    3. We are not required to make any contributions to any pension fund in respect of your supply of the Personal Training Services under this Agreement. You also acknowledge that you have no authority to act for or to bind us in any manner whatsoever other than as expressly contemplated by this Agreement.
  13. Miscellaneous
    1. This Agreement may be executed in separate counterparts all of which together evidence the same Agreement.
    2. Any notices given under this Agreement must be in writing and delivered to the postal address of the party to whom they are addressed as set out below (or such alternative address notified to the other party in writing).
    3. No failure or delay by PT Workspace to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy.
    4. A person who is not a party of this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
    5. If any provision or part provision of this Agreement is invalid or unenforceable, such provision shall be deemed deleted but only to the extent necessary and the remaining provisions of this Agreement shall remain in full force and effect.
    6. A waiver by either you or us of any provision of this Agreement does not constitute a waiver of any succeeding breach of the same or any other provision.
  14. Acknowledgement The Contractor acknowledges that they:
    1. have been advised of their right to take independent advice on the terms of this Agreement;
    2. have been given a reasonable opportunity to take that advice;
    3. have read the terms of engagement set out in this Agreement and understand these terms and their implications; and
    4. agree to be bound by these terms of engagement as an independent contractor.

Protection of Personal Data

Both parties shall duly observe all their obligations under current Data Protection legislation and other national equivalent regulations as specified above which arise in connection with this Agreement.

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