We Are Fit Attitude (WAFA)
Client-Trainer Agreement - October One Month Membership
WAFA Trainer: Anna Jenkins
1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our training and nutrition services to you.
1.2 Why you should read them. Please read these terms carefully before you sign up to our services. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2 Information about us and how to contact us
2.1 Who we are. We are We Are Fit Attitude Limited, a company registered in England and Wales. Our company registration number is 09394536 and our address is 85 Caithness Road, Mitcham, Surrey, CR4 2EZ.
2.2 How to contact us. You can contact us by texting us on 07445 020886 or by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by text message, telephone or by writing to you at the email address or postal address you provided to us when you signed up to our services.
3 Our contract with you
3.1 How we will accept your agreement. Our acceptance of your agreement will take place when you and we sign this agreement, at which point a contract will come into existence between you and us
4 Our Services
4.1 The services we provide will be agreed between us when you sign up to this agreement. They shall include the following options, which will be selected accordingly at the end of this agreement:
4.1.1 Online Only: WAFA/Client Session Options and Terms
COMPLETE THIS SECTION IF YOU ARE JOINING ONLINE ONLY
The Online programme entitles you to:
4.1.2 Church Hall and Online: WAFA/Client Session Options and Terms
COMPLETE THIS SECTION IF YOU ARE JOINING CHURCH HALL AND ONLINE
The Church Hall and Online programme entitles you to:
4.2 The services that we provide that are of an ongoing nature and will be supplied to you until either the services are completed, or the subscription expires (if applicable) or you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 8.
4.3 Being prepared for your training sessions (online and group)
To get the most out of your sessions we recommend the following:
4.3.1 Important information about the online sessions
Online sessions take place via Zoom. Your participation in the online classes assumes the following:
4.3.2 Important information about the church hall sessions
WAFA employs COVID Secure practices at its venue in Tooting. All members attending classes at the hall must abide by the latest COVID Member Guidelines.
4.4 Recommendations. Using our judgment and experience, WAFA may suggest certain exercises and other lifestyle advice that is believed to help you achieve your personal goals, but if at any time you have specific requests please tell us so we can accommodate them.
4.5 Referral. WAFA intends to work with you within the scope of our knowledge and competencies as a CIMSPA Registered Exercise Professional. When we believe it is in your best interests to see another health professional, we will refer you appropriately.
4.6 The trainer will deliver their sessions and advice to the best of their ability, will be registered with CIMSPA, and will respect all applicable UK laws and the CIMSPA Code of Conduct at all times.
4.7 Commitment While your WAFA trainer can give you the tools and encouragement to reach your goals, ultimately you will need to assume responsibility for making the required changes. Your WAFA trainer can best help you with this process if you keep your trainer fully informed of any issues that arise for you.
5 Your rights to make changes
5.1 If you wish to make changes to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of the sessions or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 6 - Your rights to end the contract).
5.2 If WAFA (the trainer) cancels or runs late. Unforeseen circumstances may arise which may require a group or online session to be rescheduled. In the event that the WAFA trainer is forced to cancel a group session within 24 hours he/she will make up the session at a later date.
5.3 You can attend as many sessions up to the limit of your membership as you wish. Should you not attend all sessions or a session you have booked, or you are away and cannot attend the sessions, there is no refund available.
6 Your rights to end the contract
6.1 You can always end your contract with us. Your rights when you end the contract will depend on which services you have ordered, how we are performing and when you decide to end the contract:
(a) If what you have bought is misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back);
(b) If you want to end the contract because of something we have done or have told you we are going to do; or
(c) If you have just changed your mind about the service. You may be able to get a refund if you are within the cooling off period, but this may be subject to deductions.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. If WAFA has already set you up on their systems and given you full access to their resources, WAFA reserves the right to give you a refund less £30 for admin.
6.4 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
6.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of any of our services that have been completed, even if the cancellation period is still running;
6.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know.
7 How to end the contract with us (including if you have changed your mind)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Text or email. Text us on 07445 020886 or email us at email@example.com. Please provide your name, details of the membership you are on and, where available, your phone number and email address.
(b) Online. Complete the form on our website here.
(c) By post. Print off the form referenced in (b) above, complete it and post it to us at the address on the form. Or simply write to us at that address, including details of what services you requested, the venue where you registered, when the services commenced and your name and address.
7.2 How we will refund you. If you are due a refund, we will refund you the price you paid for the services (or an applicable proportion of the price you paid), by the method you used for payment. However, we may make deductions from the price, as described below.
7.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
7.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
8 Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.
8.2 We may withdraw the service. We may write to you to let you know that we are going to stop providing the service. We will let you know at least 1 month in advance of our stopping the supply of the service and will refund any sums you have paid in advance for services which will not be provided.
9 Price and payment
9.1 Where to find the price for the services. The price of the service will be the price indicated by us at the time of you sign up to our services. Unless specified otherwise this will be as follows:
9.2 When you must pay and how you must pay. Payments for the October One Month Membership must be made over the telephone or by bank transfer in full in advance to the service commencing.
9.3 What happens if you do not use the service. You understand that you are paying the trainer for their services as outlined in this agreement. In the event that you do not use the services, you will still be responsible to make payment in line with the terms of this clause 9.
9.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
10 Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sign up process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
10.3 Injuries. Whilst for most people exercise is hugely positive with many health benefits, there remains some risk that we require you to be aware of. If you have signed the health form, this confirms you are fit for exercise at this time and are accepting full responsibility for this. Any injuries that you may incur cannot be the responsibility of We Are Fit Attitude Ltd and the WAFA trainer and you agree that we shall not be liable for any accidental injury, illness or death caused by your participation in the activities.
10.4 Voluntary Participation. Your participation in any of the activities is voluntary. It is your responsibility to inform your trainer of any changes in your health or any difficulties you experience while carrying out any of the activities.
11 How we may use your personal information
11.1 How we may use your personal information. All information you give WAFA will be kept in confidence. Your personal details and medical information will not be made available to third parties unless permission to do so is granted by you.
11.3 GDPR. We agree to comply with all applicable requirements of the General Data Protection Regulation (EU) 2016/679 (“GDPR”).WAFA Promotions. On occasion we may use photographs and/or videos for promotional purposes. By ticking the consent box at the end of this agreement you give your consent to be part of this. You have the right to withdraw the consent you have given at any time by writing to WAFA at firstname.lastname@example.org. This will not affect the lawfulness of any processing carried out by WAFA before you withdraw your consent. WAFA is the controller and responsible for the personal data comprising any such photographs and/or videos and your contact details and any related personal data.
11.5 Disclosure of health information. Please disclose all health information as requested at our initial consultation and when completing the health form and keep your WAFA trainer updated and informed of any changes to your health status. This includes all medical conditions; physical and mental, injuries, allergies, and medication you are taking. If necessary, you may need to seek clearance from your doctor before participation in the exercise programme we recommend. If you answer yes to any question in the health section of the health and lifestyle questionnaire, please inform a WAFA trainer before you start any membership programme.
12 Other important terms
12.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
12.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
12.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
ACKNOWLEDGEMENT OF THIS AGREEMENT: I have read and understood this agreement. A copy will be provided to you within 7 days.
Service to be provided by WAFA to you (selected tick box indicates the service that this agreement relates to):
Choose your service
October One Month Membership Online Only (set out in clause 4.1.1)October One Month Membership Online and Church Hall (set out in clause 4.1.2)
I hereby give my express consent for WAFA to collect, process and use photographs and videos of me during training sessions for marketing and promotional purposes.
I hereby give my express consent for WAFA to collect, process and share my personal data with third party marketing agencies for marketing and promotional purposes.