Terms & Conditions.
We are CAST Fitness of 1 Tipping Brow, Mobberley, Cheshire, WA16 7JE
Contact details: info@cast-fitness.co.uk
1. Services We Offer
We offer Personal Training (PT) Sessions on an individual ‘one-to-one’ basis either as a single session or as a package of sessions. We also offer Group Training (GT) Classes delivered on a regular daily/weekly basis. PT Sessions and GT Classes are offered on a face-to-face basis in person, or remotely via electronic means, as agreed between us. From time to time we may also offer other fitness and health related activities.
2. Registration
In order to book and attend any Training Session or Classes you must first register with us. This can be done by completing the Registration Form available on our website or directly from us. All details that you provide and confirm in the Registration Form must be complete and correct, including your confirmation that you are aged 18 or over and in good health. By registering with us you must agree to these Terms and Conditions.
3. Booking and Cancellation of Personal Training Sessions and Consumer Rights
(a) When you have registered with us and we have accepted your registration, you may book with us individual Personal Training (PT) Sessions or a package of PT Sessions.
(b) You may book PT Sessions either in person, over the phone, by e-mail with us or through our website
(c) You are required to pay for all PT Sessions in advance at the time of booking. We will only deliver a PT Session to you if you have pre-booked and paid for it.
(d) Only if and when we tell you that we accept your request to book a particular PT Session and you have paid for it will there be a binding contract between you and us for that PT Session. If you wish to purchase a package of more than one PT Session and you pay for that package, and at our discretion we accept that purchase, our contract with you will be for all of the PT Sessions within that package at the times/dates which we arrange with you either at that time or later.
(e) Prior to accepting your booking, we will agree you with the dates, times and locations for all PT Sessions that you wish to book with us. We will also discuss and agree with you in advance your personal goals for the session(s) you book with us.
(f) We will not reserve or guarantee any particular date/time slot for any PT Session(s) until you have paid in full for it/them
(g) If you have booked and paid in advance for any PT Sessions without first having agreed dates and/or times with us, and we are subsequently unable to agree dates and/or times with you prior to having delivered any PT Session to you, we will refund any payments you may have made in respect of such sessions
(h) We reserve the right to cancel at any time and for any reason agreed dates and/or times of any PT Session(s) that you may have booked and agreed with us. We will make every effort to give you as much notice as possible of any cancelled PT Sessions and to agree with you alternative dates and/or times. If we are unable to agree alternative times/dates with you then we will refund to you any advance payment made for such cancelled sessions only. The amount of any refund will be calculated by dividing the total amount paid by the total number of PT Sessions booked to calculate the value of a single PT Session. The total refund will then be the value of a single PT Session multiplied by the number of PT Sessions to be cancelled. This amount will be the total liability that we owe to you in the event of any PT Sessions cancelled by us
(i) You may cancel without notice within 14 days following the date of making payment to us any or all of the PT Sessions booked with us. We will refund to you the total amount paid by you for those PT Sessions, less an amount equal to the value of any Sessions that we have already delivered to you during the period. Any refund amount will be calculated on the same basis as in clause 3(h) above.
(j) If you wish to re-arrange or cancel agreed times and/or dates of PT Sessions booked with us as part of a series of PT Sessions more than 14 days after you have made payment for those Sessions, you must give us a minimum of 48 hours notice. We will make every effort to agree new times and/or dates with you. If we are unable to agree with you alternative times and/or dates then we will refund to you the value of any PT Sessions paid for but not used at that time. Any refund amount will be calculated on the same basis as in clause 3(h) above. If you do not give us at least 48 hours notice of your cancellation of any PT Session, we reserve the right to charge you for that session.
(k) If you arrive late for any PT Session, we will not extend the length of it beyond its scheduled finishing time unless we specifically agree to do so at the time when you arrive. We may treat a PT Session that you have booked as cancelled by you without notice to us if you arrive more than 15 minutes after the scheduled start of the PT Session or you tell us at any time that you will be arriving more than 15 minutes after its start, or you do not attend it at all. If we treat the PT Session as cancelled in any such case, we may decide to make a charge to you for that cancelled PT Session of an amount not exceeding the full price of that session as calculated on the basis specified in clause 3(h) above.
(l) We will use all reasonable endeavours to start the Training Session you have booked at its scheduled start time, but the start may be delayed by overrun of a previous PT Session or by other circumstances. If a delay to the start is at least 15 minutes, or, if at any time before or after you arrive for a PT Session we notify you that there will be a delay of at least that time, you may cancel the PT Session and we will refund to you in full the payment that you have made to us for that PT Session. The refund amount will be calculated on the basis specified in clause 3(h) above
(m) The prices of PT Sessions and the fitness trainers delivering those Sessions are subject to change from time to time but we will try to give you as much prior notice as possible of any such changes. If you have bought a package of PT Sessions, the price for that package will remain fixed for its duration and any general price increase will not apply until all the Sessions that form part of the package that you have purchased have been delivered.
(n) We may immediately terminate a PT Session if your conduct is in our reasonable opinion unacceptable, or if it amounts to your breach of these Terms and Conditions. You will not be entitled to any refund for a PT Session started but not completed in such a case. If at that time you have paid for any PT Sessions as a package but have not yet booked and/or attended one or more of such PT Sessions, we may cancel such PT Sessions by telling you at the time of that cancellation and in that case we will refund you for the number of PT Sessions in the package cancelled and the refund amount will be calculated on the basis specified in 3(h) above
4. Booking and Cancellation of Group Training (GT) Classes and Consumer Rights
(a) GT Classes are delivered by electronic means.
(b) There is no limit to the number of participants for a class delivered electronically though we do reserve the right to introduce a limit to enable the instructor to give a more personal service to participants. Where a limit is placed on the number of spaces available for any GT Class this will be communicated in advance. No priority is given, and places in a GT Class are allocated on a first-come-first-served basis.
(c) GT Classes may be booked in person, by e-mail, by phone or through our website. Classes are provided on a recurring monthly subscription basis to run to the same date in the month following that in which you made your original booking. Your booking entitles you to attend as many GT Classes as we may make available during the period of your subscription. Please see Clause 5(c) below for full details.
(d) If you wish to cancel your monthly subscription to GT Classes then you must advise us by sending an email to info@cast-fitness.co.uk. We will acknowledge your e-mail and will take steps to ensure that the subscription is not then renewed and no further payments will be taken. No refund will be made for any time remaining on the current month’s subscription but you will be entitled to continue to attend any classes up until the end date of that month’s subscription. Please also see Clause 5(c) below
(e) Group Class times and trainers are subject to change from time to time. We will always endeavour to give you as much prior notice as possible of any such changes. We will always give you a minimum of two months notice of any price increase for your monthly subscription.
(f) We aim to deliver a minimum of three remote electronic classes per week. The days, times and content of these classes may vary according to general demand and as we may determine.
(g) When you book a package of GT Classes we will send you by email or make available in the members section of our website details of classes scheduled for at least the next seven days. The email and /or website will contain information on how to access the GT Classes by remote electronic means. It is your responsibility to ensure that you have suitable technical equipment to be able to access Classes remotely. You are not required to book. We will then send you by regular weekly email or publish on the website details of classes available for subsequent weeks
(h) If we are unable to deliver a minimum of three classes for any seven day period or multiple of seven day periods then we will, at your request EITHER
(i) refund you the value of any remaining days left in the monthly package that you have bought OR
(ii) agree with you to extend the end date of the monthly package for which you have paid by a minimum of 7 days or by the number of days for which we have been unable to deliver classes, whichever is the greater
(i) The amount of any refund due in clause 4(h)(i) above shall be calculated by dividing the amount you have paid for the monthly package by 30 to determine the approximate value of a single day and then this amount will be multiplied by the number of days remaining to the end of the monthly package. This amount will be the limit of any liability that we owe you in the event that we fail to deliver a minimum of three classes during any seven day period
(j) Your request to book a package of Group Classes (whether or not it is paid for) will be an offer, but whether we accept any request will be for us to decide at our discretion. Only if and when we tell you that we accept your request to book a package of Group Classes and you have paid for that package will there be a binding contract between you and us for that package of classes and which will last for the time period of that package of classes and for any subsequent packages of classes that you may later book
5. Fees and Payment
(a) You must pay in accordance with Our Price List for all PT Sessions and GT Classes that we fully and correctly provide to you in advance.
(b) You may pay us for PT Sessions by using any of the following methods:
(i) Credit/Debit Cards via our website or over the telephone;
(ii) Standing Order or BACS credit directly into our bank account
(c) All Group Training Classes are provided in the form of a monthly package and take the form of a regular monthly subscription. You must pay for this either by Debit/Credit Card or by Monthly Standing Order. If you pay by Credit/Debit Card, you agree that we may make a recurring charge (continuous authority) on your card on the same date each month for the next month’s package cost. For the avoidance of doubt, if you subscribe on the 10th July 2020 to a £30 per month package of GT Classes and choose to pay by Debit/Credit Card, we will automatically charge your Debit/Credit Card the sum of £30 on or shortly after the 10th of each subsequent month until you instruct us to stop.
(d) We will never charge your card more than the amount that you paid for the previous month’s package of lessons unless we have given you by e-mail at least 2 month’s notice of any price increase. You may cancel the authority for us to take recurring payments at any time by sending an email to info@cast-fitness.co.uk requesting us to do so. You will be entitled to continue to attend any Group Classes up until the date that your next recurring payment would have been due had you chosen not to cancel.
(e) If you pay for GT Classes by Standing Order, you may cancel this at any time with your bank. You will be entitled to attend any classes for the duration of the current monthly subscription.
(f) All prices shown in the Price List are inclusive of VAT if applicable
6. Fitness, Health and Safety in respect of Personal Training Sessions and Group Training Classes
6.1 You acknowledge that certain PT and GT sessions/classes may be physically strenuous and you agree that you voluntarily participate in such sessions/classes with full knowledge that even if we and the relevant instructor is not negligent there is a risk of personal injury or illness arising from your participation in such sessions/classes.
6.2 Certain sessions/classes may be unsuitable for you if you have special needs, or any medical, health or fitness problem or condition. We can, on request, provide an indication of the activities involved in any particular PT or GT session/class. However, it is your sole responsibility to establish with a qualified medical practitioner as to whether or not your participation in any such session/class is advisable in the light of your own personal health and fitness position.
6.3 You must ensure that you are fit and well enough to participate in any session/class that you book or in which you take part, and you will at all times be responsible for your own state of health, physical condition and wellbeing.
6.4 If you have any concerns about your fitness or health, you should seek appropriate medical advice from a relevant professional medical adviser before attending a PT or GT session/class. We cannot and do not provide any such advice.
6.5 You therefore agree that when you register with us and book and attend any PT or GT session/class, that will be your confirmation that you have no health or fitness problems which may affect your participation in any such session/class.
Under no circumstances should you attend any PT or GT session or class when under the influence of alcohol or illegal drugs