Website Terms & Conditions

This website is owned and operated by Phil Holmes Fitness. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the opportunity to find out more about the personal training & nutrition coaching services available. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

Key commercial Terms offered to customers

When buying a service, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

The fee for the services and any other charges you may incur in connection with your use of the service, will be charged in accordance with the payment schedule agreed.

Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Phil Holmes Fitness. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

Indemnification

You agree to indemnify and hold Phil Holmes Fitness harmless from any demands, loss, liability, claims or expenses (including legal fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Phil Holmes Fitness, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Phil Holmes Fitness assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of England & Wales, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in England & Wales. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded

Specific Terms & Conditions for In-Person & Online Personal Training & Nutrition Coaching Services

1.    Introduction

Your agreement is with Phil Holmes Fitness (your trainer) who designs your training programme and delivers your training.

These Terms and Conditions form part of your agreement with the Trainer. 

Your instructions to commence personal training will constitute acceptance of these Terms and Conditions when you will become a client. You are asked to pay special attention to the provisions related to liability and cancellations. This does not affect your statutory rights.

2.     Phil Holmes Fitness Obligations

a.)    Your Trainer will use his/her skills and knowledge to design a safe programme of exercise and healthy eating advice that will take into account your lifestyle, personal goals, fitness levels and medical history.

b.)   Your Trainer will provide the coaching, advice and support that you will need to achieve your goals. 

c.)    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 Sessions. In particular you acknowledge that individual results may vary and no particular result is guaranteed by your Trainer.

d.)   All Client information will be kept strictly private and confidential.

3.     Your Obligations

a.)    It is understood between you and your Trainer that both must commit to your training programme 100% in order for you to achieve results.

b.)   You are required to arrive on time for each Session so that the Trainer’s full training plan is achieved on each visit.

c.)    You are required to wear appropriate clothing and footwear.

d.)   You are required to complete a Physical Activity Readiness Questionnaire (a “PARQ”) before undertaking your first personal training session.

e.)   Your Trainer may require a letter of ‘medical clearance’ from your GP. Please be aware that your GP may charge for providing this letter.

f.)     You understand and agree that it is your responsibility to inform the Trainer of any conditions or changes to your health, now and on-going, which may affect your ability to exercise safely and with minimal risk of injury.

g.)   If your Trainer requires further medical information from a practitioner, you must provide such details.

h.)   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 Trainer is not responsible, except where the injury was caused by his/her gross negligence or intentional act.

i.)     Your Trainer cannot be held liable in any way for undeclared or unknown medical conditions.

j.)    You must sign an informed consent form before commencing any programme designed by your trainer.

4.    Payment

a.)    Payment for Sessions must be made at the time of booking.

b.)   Acceptable forms of payment are: by internet bank transfer, direct debit, cheque in advance or cash paid directly to the Trainer.

c.)    Block bookings of in person coaching sessions and online coaching programmes must be paid for in advance BUT Sessions do not have to be scheduled at the time of booking.

d.)   Block of 8 Sessions must be used within 2 months of purchase. Block of 16 Sessions must be used within 4 months of purchase and block of 24 Sessions must be used within 6 months of purchase.

5.     Cancellation and Refunds

a.)    48 hour’s notice of cancellation or postponement is required for all appointments.

b.)   Notice of less than 48 hours will incur full payment of the full Session fee.

c.)    Unforeseen events will be taken into consideration on the day.

d.)   Once purchased, your Sessions, including online coaching packages, are non-refundable and non-transferable.

6.     Lateness Policy

a.)    If the client is late the Session cannot be extended and will end at the appointed time.

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

7.     Health and Safety

a.)   Your trainer is a Level 3 qualified personal trainer and PN1 Nutrition Coach

b.)   Your Trainer has £1 million public liability insurance cover.

c.)    If your Trainer conducts the Sessions on your premises, or if you are undertaking a programme of online coaching, you are responsible for providing a safe exercise environment.

8.     Liability

a.)    This Liability section applies only to the extent permitted by law. 

b.)   The Trainer  does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, specifications and descriptions of listed packages and services. The Trainer and/or the Company will use their reasonable effort to correct errors and omissions as quickly as practicable after being notified of them.

c.)    The Trainer does not accept any liability whatsoever for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the website or services purchased from the Trainer or any other damage howsoever caused.

d.)   The Trainer  will only be liable for direct loss up to a maximum total of the price of the Sessions and/or services purchased by the Client in respect of any claim.

e.)   The Trainer shall not be liable for any loss or injury attributable to:

i.      the Client’s fault;

ii.     a third party unconnected with the provision of services provided by your Trainer; or

iii.    events which your Trainer, nor his/her suppliers or agents could have foreseen or forestalled, even if they had taken reasonable care.

f.)     The Trainer is not liable for loss or damage to your property.

g.)   The Trainer is not liable if you ignore his/her recommendation, at any time, to seek medical advice.

9.  Intellectual Property

a.)    Any marketing, educational or other materials, including the Phil Holmes Fitness programmes and/or any variations thereto and its nutrition services materials, made available to you will at all times remain the property of the Company and is subject to copyright.

b.)   You undertake to use such materials only for your own personal development and not to copy, publish or reproduce any such materials.

10.  General

a.)    You understand that in the unlikely event of your Trainer being unable to continue your training, for any reason, subject to availability you can request a full refund for any unfulfilled Sessions.

b.)   The Trainer has the right to change these Terms and Conditions, for example, to be able to offer new services or as required by law. The Trainer will notify you of any change. When such a change(s) is made, if dissatisfied you can cancel this agreement once you have made any payments already due to the Trainer.

c.)    The Trainer may transfer (assign) all or part of this agreement to another trainer or organisation as long as your rights under this agreement are not materially reduced.

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

e.)   Your training may be filmed or pictures 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.

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

These Terms & Conditions are effective from 9th September 2021