TERMS & CONDITIONS

1. Introduction

 

These Terms and Conditions form part of your agreement with Be Fearsome Ltd trading as The Tri Coach (the “Provider”). You understand that the Provider is a Limited Liability Company and you are entering into a contract with them.

 

Completing a Health Questionnaire (PAR-Q) and/or payment of coaching fees and/or submitting details to redeem a promotion constitutes acceptance of these Terms and Conditions when you will become a client (a “Client” or “You”). You are asked to pay special attention to the provisions related to cancellations. This does not affect your statutory rights.

 

It is understood between the Provider and the Client that both must commit to the training programme 100% in order for you to achieve results.

The Provider may use additional Trainers or Coaches.  If the Provider uses additional Trainers or Coaches they come under the umbrella of the Provider.

 

2. Definitions and interpretation

 

a) The following terms shall have the following meanings for the purposes of this agreement:

 

  1. ‘Provider’ means BE FEARSOME LIMITED trading as THE TRI COACH company number 10495946 registered at 34 New House, 67-68 Hatton Garden, London, EC1N 8JY;

  2. 'Client' means any person or persons engaging in paid or un-paid activity with the 'Provider';

  3. ‘Agreement’ means the terms and conditions;

  4. ‘Services’ means those specified in clause 3;

  5. ‘Currency’ means pounds sterling;

  6. ‘Payments’ means the amounts listed in the coaching fees agreement and/or the Providers website;

  7. ‘Products’, 'Sessions', 'Training' or ‘The Coaching’ means products and services provided by The Provider;

  8. ‘Trainer’, 'Coach' or ‘Employee’ means a third party employed and/or subcontracted by the Provider;

  9. ‘Sessions’ mean a training session of the activities and resources used to guide an individual or group toward a specific learning objective.

  10. 'Promotion' means a limited promotion bound by these terms and conditions and in particular section 12.

  11. 'Promotional Client' means anyone redeeming an offer set out by the provider.

 

b) Headings contained in this agreement are for reference purposes only and should not be incorporated into this agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.

 

c) All agreements on the part of either of the parties which comprise more than one person or entity shall be joint and several and the neuter singular gender throughout this agreement shall include all genders and the plural and the successor in title to the parties.

 

3. The Provider’s Obligations

 

a) Services to be provided by the Provider:

 

  1. The cost of the Training Sessions fee includes all relevant training, advice and support as listed in the training level agreement. This includes an online Virtuagym and/or Training Peaks account where applicable.

  2. Apart from the initial consultation (and the first personal training session if taken immediately afterwards), each personal training session will last 55 minutes (a “Session”) unless agreed otherwise.

  3. Group class duration will be stipulated on the class description and booking confirmation.

  4. The Provider will provide the training, supervision, advice and support that you will need to achieve your goals.

  5. The Provider will use their skills and knowledge to design a safe programme of exercise that will consider your lifestyle, personal goals, fitness levels, and medical history.

  6. Wherever possible the Provider will ensure you are in group sessions suitable to your level of fitness and ability.

  7. All Client information will be kept strictly private and confidential.

  8. If the Trainer is late additional time will be added to the Session or to subsequent Sessions.

 

4. Client obligations

 

  1. You agree to abide by all the terms and conditions set forth in this Agreement.

  2. The client will ensure payments are made within the specified time limits via Direct Debit, bank transfer, card payment or other agreed method. The client understands the coaching may be cancelled automatically without notice or liability to you if payments are not paid within the specified time limits.

  3. Abide by any rules or instruction laid down by the Provider in regard to safety or proper practice.

  4. You understand that the results of any fitness programme cannot be guaranteed. Your progress depends on your effort and co-operation in and outside of the set sessions. In particular, you acknowledge that individual results may vary and no particular result is guaranteed by the Provider.

  5. You are required to arrive on time for each allocated sessions or planned activity (“Session”) so that the Providers full training plan is achieved.

  6. If the Client is late the session cannot be extended and will end at the appointed time.

  7. You are required to wear appropriate clothing, footwear and safety equipment as detailed by the Provider or local laws.

  8. You are not to share any intelligent property, documentation, pictures or video footage in hard copy or electronic format with a third party without written consent of the Provider.

 

5. Medical and Injury

 

  1. You are required to complete a Physical Activity Readiness Questionnaire (a “PARQ”) before undertaking any physical activity with or from the Provider.  You must provide the completed form to us before a coaching plan is started.

  2. The Provider may require a letter of ‘medical clearance’ from your GP. Please be aware that your GP may charge for providing this letter and the cost is covered by You.

  3. You understand and agree that it is your responsibility to inform the Provider of any conditions or changes to your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury.

  4. If the Provider requires further medical information from a practitioner, you must provide such details.

  5. You understand that there are inherent risks in participating in a programme of strenuous exercise. If you sustain or claim to sustain any injury while participating in training, you acknowledge that the Provider is not responsible, except where the injury was caused by their gross negligence or intentional act.

  6. The Provider cannot be held liable in any way for undeclared or unknown medical conditions.

  7. The Provider accepts no liability and/or responsibility for any injury, illness, damage, loss, accident, expense, or any other claim arising from involvement in any activities or provision of any services howsoever suffered, even in circumstances where the Provider, the Coaches and/or Employee of the Provider may have negligently breached any duty of care that it or they may owe or have owed in connection with such activities, conduct, supervision, or the provision of services. The Provider will no longer be liable for direct or indirect losses, arising from any such injury, illness, damage, loss accident, or expense including consequential loss or economic loss however caused.

  8. The Provider is not responsible for any health problems arising from environmental factors during Your coaching.

 

6. Health and Safety

 

  1. The Provider and/or the Provider’s Trainers have completed and hold current certifications for emergency first aid at work.

  2. The Provider and/or the Provider’s Trainers have £10 million public liability insurance cover.

  3. The Provider has a risk assessment and emergency action plan for the exercise the Clients are conducting.

  4. The Provider and/or the Provider’s Trainers hold appropriate qualifications for the exercise the Clients are conducting.

  5. The Provider will provide copies of any Health and Safety documents upon request from the Client.

 

7. Insurance and Equipment

 

  1. It is recommended that the Client takes out adequate insurance to cover the sports activities they are partaking, for injury, 3rd party liability and equipment.  Failure to take out an appropriate insurance policy is at your own risk and the Provider accepts no responsibility for loss, injury or liability on your part.

  2. You are liable for any damage or harm that may be incurred to your own equipment or equipment.

  3. We may charge you for any equipment loaned or hired to you through us that is misused, damaged or lost.

  4. The Provider will maintain a comprehensive policy of insurance to cover the liability of The Training in respect of any act or default for which it may become liable to indemnify the Client under the terms of this agreement.

  5. The Provider shall not be liable to the Client for loss or damage to the Client’s property unless due to the negligence or other failure of the Provider under the general law.

 

 

8. Sessions and Activities

 

  1. All Sessions are optional. 

  2. A safety briefing and injury check will be given by the Provider at the start of every Session. It is your responsibility to attend these briefings and pay attention. Failure to attend these briefings may result in exclusion from the Session at the Providers digression.

  3. We reserve the right to stop you taking part in a session, make changes to a planned session or take other appropriate action if we feel you are putting yourself and or others at risk.

  4. You are asked to be mindful and respectful of other users from the Providers group and the general public.

  5. Road cycling can be a hazardous activity.  Whilst we take great care to ensure your safety, you take part in our rides at your own risk.  When using your own or a rented bike, it is your responsibility to ensure that it is in a safe, correctly maintained condition suitable for the rides to be undertaken.

  6. As you are partaking in cycling activities it is our responsibility to inform you that protective headgear is paramount for cycling. We strongly advise you to use your own headgear or purchase headgear that is BSEN 1078 complaint.

  7. The Provider reserves the right to refuse to take you on a ride if they judge you putting yourself and/or the rest of the group at risk, such as through dangerous or inappropriate equipment for the conditions.  The Provider also reserves the right to change the route if they judge it is appropriate, such as in the event of a change in conditions and/or if there is a risk to yourself and others.

  8. The Provider takes no responsibility for any activity out of planned Sessions.

 

9. Cancellations, Changes and Refunds

 

  1. In the very unlikely event that the Provider needs to cancel or make significant changes to your coaching, the Provider will inform you as soon as possible and talk through the options available.  The Provider will not be liable for any other third-party costs. The Provider will seek to minimise the disruption to you, wherever possible.

  2. 48 hours notice of cancellation or postponement is required by the Client for all Personal Training appointments. Notice of fewer than 48 hours will incur full payment of the full Session fee.

  3. 24 hours notice of cancellation or postponement is required by the Client for all Group Training appointments. Notice of fewer than 24hours will incur full payment of the full Session fee.

  4. If you wish to change or cancel your sessions, please contact the Provider immediately on 020 8064 5444 or contact@befearsome.com to discuss possible options.

  5. All cancellations must be emailed to the Provider at contact@befearsome.com.  The cancellation is not confirmed until the Provider has acknowledged receipt of your email.

  6. Company policy for refunds is that no refunds will be given for any product or service. Any exception to this must be agreed with the Provider in writing in advance.

 

10. Liability

 

  1. Our customers are important to us and we take our duty of care seriously to ensure, as far as we possibly can.  We will carry out our own risk assessment of the activities and we will advise you of on hazards on the route.  The Provider is not liable for any harm, damage or loss that results from your own actions, actions beyond our control, actions of a third party or which we cannot have reasonably foreseen.

 

11. Problems Or Complaints

 

  1. In the case of any problem or complaint, you must inform the Provider at the earliest opportunity so they have the chance to rectify the situation as quickly and efficiently as possible.

  2. Complaints must be received in writing to our correspondence email contact@befearsome.com or registered address 34 New House, 67-68 Hatton Garden, London, EC1N 8JY.

  3. Any complaint, which cannot be resolved locally, must be notified in writing to the Provider within one week.

  4. Failure to follow this procedure this may hinder the Providers ability to rectify the problem or complaint and reduce or extinguish of any claim you may have.

 

12. Offers, promotions and free trials

 

  1. Are subject to availability and can be withdrawn at any time without notice.

  2. Are non-transferable.

  3. Have no cash value unless stated otherwise.

  4. Cannot be exchanged or refunded.

  5. Are subject to fair use.

  6. One free trial is permitted per client across group sessions.

  7. Free trials are not permitted for Personal Training or Online Coaching.

  8. Free trials can be removed or denied at any time with no prior notice.

  9. The Provider accepts no responsibility for any action taken by the Promotional Client derived from advice, programmes or training given.

  10. All Promotional Clients are to seek medical advice for suitability before entering into any physical training programme and no PAR-Q will be submitted to the Provider.

  11. It is assumed by the Provider that the Promotional Client is a fit, healthy individual with no current or past medical conditions that restrict them from entering into a physical training programme.

  12. The Provider accepts no responsibility for the current, past or changing physical or health condition of the Promotional Client.

  13. Promotional Clients use all information and advice at their own risk.

 

13. General

 

  1. The Provider has the right to change these Terms and Conditions, for example, to be able to offer new services or as required by law. The Provider will notify you of significant changes however it is your responsibility to keep up to date by visiting the 'Terms and Conditions' on the website. When such a change(s) is made, if dissatisfied you can cancel this agreement once You have made any payments already due to the Provider.

  2. You are responsible for keeping all your contact information and marketing preferences up to date with the Provider. In order to comply with the Data Protection Act 1998, the Provider will only do what you ask them to do, or what you have given them permission to do with any personal or sensitive information held about you.

  3. We may use your personal contact information within Be Fearsome Ltd, to offer you information or products that we feel are of interest. By agreeing to these terms you are accepting the use of contact information in this way.

  4. Filming, sound recording and photography may be taken for marketing purposes. Your participation in a Session means you consent to photography, filming and sound recording which may include you as a Client and its use in commercial distribution without payment or copyright. If you have objections please inform the Provider.

  5. This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts.

  6. Correspondence with Be Fearsome Ltd can be made via phone 020 8064 5444, email contact@befearsome.com or in writing 34 New House, 67-68 Hatton Garden, London, EC1N 8JY. 

  7. Be Fearsome Ltd was previously named Fearsome Fitness Ltd. The company structure has not changed in any way other than the name. Any and all agreements with Fearsome Fitness Ltd have been carried over to Be Fearsome Ltd.

Last updated May 1st 2019.

 

The Tri Coach is a trading name of Be Fearsome Limited.

Copyright ©  2018 Be Fearsome Limited | London UK 

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