1 INTERPRETATION AND VARIATION
1.1 In the Terms and Conditions the following definitions apply:
“Company” means Emma Rogers Nutrition & Fitness Coaching.
“Client” means any person that has completed payment and which registration has been accepted by the Company for any of the following services:
“The Studio” means Emma Rogers Nutrition & Fitness Coaching at
Unit 44 (Active Cherry),
Mountney Bridge Business Park,
“Session” refers to 1:1 Personal Training or 1:1 Nutrition & Fitness Coaching Sessions.
“Online Coaching” refers to the delivery of services in part or in full, online and via email.
“Terms and Conditions” means these terms and conditions.
1.2 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
1.3 The Terms and Conditions are incorporated into the Registration Form.
The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of The Studio and the conduct of Clients. Any such changes will be notified to Clients and, until revoked, are and will be binding on Clients.
The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2.1 Subject to condition 2.2, when a person has completed payment for a Service he will become a Client of Emma Rogers Nutrition & Fitness Coaching.
2.2 Acceptance of a person as a Client is in the absolute discretion of the Company.
2.3 The Company reserves the right to expel from The Studio, suspend for a specific period or refuse to renew the membership of any Client whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of The Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Clients of The Studio. Any Clients so expelled will forthwith cease to be a Client of The Studio and will not be entitled to any refund for any period during which his membership is suspended.
3 STUDIO OPENING TIMES
3.1 Session availability at The Studio may vary from time to time. Bookings can only be made directly with Emma Rogers either in-person or via phone call, text or email.
4 PAYMENT TERMS
4.1 Details of Session, Online Coaching and gift certificate prices are available either at www.emmarogerspt.com or directly from Emma Rogers and will be such prices as determined by the Company from time to time.
4.2 A Client may not attend any Session at The Studio without first booking and or paying for the relevant session.
4.3 Payments for Sessions, Online Coaching, workshops, programs, products, retail and gift certificates in any amount are non-refundable and non-exchangeable unless otherwise stated in the Terms and Conditions. If a package is bought and only part used there will be no refund available for the remaining sessions.
5 BOOKINGS AND CANCELLATIONS
5.1 A Client may only book, cancel or reschedule sessions for themselves directly with Emma Rogers either in-person or via phone call, text or email.
5.2 Sessions are booked on a first-come first-served basis.
5.3 If a Client is unable to attend a Session his cancellation will be accepted up to 24 hours before it’s start time.
5.4 Cancellations can only be made directly with Emma Rogers either in-person or via phone call, text or email.
5.5 ‘Late’ cancellations i.e. those made within 24 hours of the Coaching Session start time, will be classed as a ‘no show’ and incur the loss of the Session.
5.6 The Booking and Cancellation Policy applies to all Members.
5.7 “PERSONAL TRAINING” Sessions bought in Packages will expire according to the schedule below, unless otherwise agreed. Any cancellations inside the 24 hour cancellation window will incur full charge for the session and will be deducted from the bulk block bought.
- 4 x PT Pack expires 2 months after date of purchase
- 8 x PT Pack expires 3 months after date of purchase
- 12 x PT Pack expires 4 months after date of purchase
6 FITNESS AND HEALTH
6.1 Clients are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. The Company reserves the right to refuse access to any Client if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of such facilities.
6.2 Clients with low/high blood pressure and/or cardiac irregularities should not attend sessions until they have written permission from their Doctor. If there is any doubt, the Client should consult their doctor. Clients must notify the Company of any circumstances affecting their health which may be exacerbated through continued use of the Services.
6.3 Clients are required to follow the instructions of the coach at all times.
6.4 A Client may not begin any Service offered by the Company without first completing a PAR-Q (The Physical Activity Readiness Questionnaire). A copy is available to download from www.emmarogerspt.com
7 LIMITATION OF LIABILITY
7.1 The Company cannot be held responsible for any particular session, coach or instructor and/or item of equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, coaches, instructors and/or equipment, as well as to those ancillary facilities, provided to Clients, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
7.2 It is the Client’s responsibility to ensure that he is capable of undergoing a routine of exercises provided by any programme which he follows or session he attends. Clients accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any online program/session.
7.3 The Company accepts no liability for loss or damage to property of Clients or for injury to Clients on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
8 USE OF FACILITIES
8.1 A Client is entitled to use the Studio’s facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.
8.2 Children under the age of 16 may only use the Studio to attend sessions designed specifically for Children, if accompanied by an adult and at the complete discretion of the Company.
8.3 Children over the age of seven may not enter changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.
8.4 A Client is entitled to use the Studio’s facilities only when booked into a session.
9 PERSONAL BELONGINGS
9.1 Personal belongings are brought onto the Studio premises at the Client’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
10.1 Members are requested to wear a form of dress appropriate to the performance of physical exercise held inside the studio. The Company reserves the right to refuse a Client participation in a session if they are wearing inappropriate clothing or footwear for the type of exercise being performed.
10.2 Clients should attend sessions with suitable footwear.
11 SAFETY& HYGIENE
11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the studio. Only water in an appropriate plastic container is permitted in the Studio. Other than with the exception of guide dogs, no pets are permitted in the Studio.
11.2 Notwithstanding paragraph 11.1 above, Clients must not walk around the Studio barefoot if they have verrucas or similar foot complaints. Clients must not have bare feet in the Studio unless appropriate for the form of exercise.
11.3 Clients can only use the main entrances to the Building and Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Clients must not interfere with these exits for any reason. In the event of a fire, Clients are asked to make their way to the nearest available exit.
11.4 Smoking is forbidden in the Studio.
12.1 Clients are required to give notice to the Company of any change of home address or email address or contact phone number. Failing such notice, all communications will be assumed to have been received by the Client within 24 hours of email sent or mailing to the last address (of either type) notified to the Company.
12.2 The Company reserves the right to refuse admission to the Studio.
12.3 The Company may assign the benefit of the Registration Process and a Client’s membership to a third party at any time without notice to the Client.
12.4 A person who is not a party to the Registration Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Process.
12.5 The Company may, if a Client so wishes, communicate with the Client by electronic mail (“email”). By providing an email address to the Company the Client consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Client also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Client by email.
12.6 Clients must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Clients.
12.7 Any marketing, educational or other materials of this nature whatsoever produced by the Company in connection with the Studio and which are made available to Clients at the Studio will at all times remain the property of the Company and will be subject to the Company’s copyright.
12.8 The Company will advise Clients of Studio closures or session unavailability due to Staff Holidays, Public Holidays or Staff Illness as early as possible, except in the case of emergency. Any Sessions affected by these closures will be “carried over” via an extension to the expiry date. The Company cannot be held responsible for session cancellations due to events beyond is control.
12.9 In the event of snow, The Company will advise Clients of Studio closures as early as possible, except in the case of emergency. Any Sessions affected by these closures will be “carried over” via an extension to the expiry date. If the Studio opens, despite snow, then the usual 24 hour cancellation policy will apply (see 5 BOOKINGS AND CANCELLATIONS 5.5).