Terms and Conditions

THE SOUTHEY WAY LTD – OUR TERMS AND CONDITIONS FOR PERSONAL FITNESS TRAINER SERVICES ON PREMISES AND ON ZOOM

(FOR BOOKING A SINGLE SESSION OR A PACKAGE OF SESSIONS)

BACKGROUND:

These Terms and Conditions are the standard terms which apply:

1. to provision of any Training Session (as defined in Clause 1 below) whether in person or via zoom, provided by The Southey Way Ltd trading as The Southey Way a company registered in England & Wales under number 10203841 whose registered office is at Panthera Accounting The Manor Main street Wantage OX12 7JJ (“Us”); and

2015. where the client is a “Consumer” as defined by the Consumer Rights Act 2015.

C          These Terms apply to both face to face and to online Services. Terms and information relating to Our online Services are set out in Schedule 1 below and they will have the same effect as if set out in these Terms of Sale.

D         Terms and information that are specific to accessing personal fitness training from or via Our Site using the Zoom cloud-based web conferencing platform are set out in the attachment also below only for ease of reference but they will have the same effect as if set out in these Terms of Sale.

E          Please read these Terms of Sale and the attachment below carefully and ensure that You understand them before opening an Account.  If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss. When setting up an Account, You will be required to complete Our onboarding forms which We will email to you. These will include a Health Questionnaire. We will review these and decide next steps with you including whether We can accept your application. We will also ask you to read, accept, and agree to comply with and be bound by these Terms of Sale and the attachment. If You do not, You will not be able to open an Account

F          All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:

• are required by law to give to You before You order opening an Account; or
• voluntarily give to You and You rely on it either when deciding to order opening an Account.

We give You some of that information before You open an Account and some it is set out in these Terms of Sale and the attachment below.

G          These Terms of Sale, as well as any and all Contracts, are in the English language only.

H         These Terms of Sale apply only to the paid Services we provide; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms of Use”.

1. Definitions and Interpretation
   • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

• Unless the context otherwise requires, each reference in these Terms and Conditions to:
  • “these Terms and Conditions” is a reference to these Terms and Conditions; and
  • a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
• The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
• Words signifying the singular number shall include the plural and vice versa; and
• References to any gender shall include the other gender.

2. Registration

• In order to attend any Training Session You first have to register an Account with Us and You may do so by completing the Registration Form and agreeing in that Form to these Terms and Conditions.

• You must register for a minimum term of 3 months as We cannot achieve any meaningful progress with you for a period less than this.
• The details that You provide and confirm in the Registration Form must be complete and correct, including Your confirmation that You are 18 or over and a “Consumer”, and that You agree to these Terms and Conditions, including but not limited to the fitness, health and safety matters and rules set out in Clauses 6 and 7 of these Terms and Conditions.
• You may book and attend a Training Session only once We have accepted Your application to register. Our acceptance of Your application to register means that We agree that You may then (but not otherwise) book a Training Session. Our decision whether or not to accept Your Registration Form is in Our absolute discretion.
• When We confirm that We accept Your application to register there will be a contract between You and Us on these Terms and Conditions.

3. Booking and Cancellation of Training Sessions, and Consumer Rights
   • You must be 18 or over and a “Consumer” to book and attend any Training Session.
   • Training Sessions will usually be booked in advance for a 12 month period with a minimum of 3 months.
   • A time/date slot for a Training Session is subject to availability. No priority is given, and a Training Session time/date slot will be offered on a first-come-first-served basis. We will not reserve or guarantee any particular time/date slot for any Training Session unless and until You book and pay for it. (See Clause 4 regarding payments.)
   • You may book a Training Session in person by email, or by phone or through Our on-line booking system where We operate one, as a single Training Session or as part of any available package of Training Sessions.
   • We will only provide a Training Session to You if You have pre-booked and paid for it.
   • When you book and pay for any Training Session not booked and paid for as part of a package, You must book (or, as set out in sub-Clause 3.11 below, rebook to replace any booked Training Session cancelled) for a date which is no more than 2 weeks after the date when You make and pay for that booking or rebooking. A Training Session not booked (or rebooked) and taken within that period will be lost and, unless You cancel it and are entitled to a refund under these Terms and Conditions in that case, We will not refund any payment You have made for it.
   • If You pay for any package of Training Sessions, but You do not at the same time book the date/s for all of the number of Training Sessions included in the package, You should then ensure that You book dates for all of the package which fall within the agreed period after the date when You pay for the whole package. Any Training Sessions paid for as part of a package but not booked for dates falling within that period cannot be taken and will be lost, and We will not refund any payment You have made for them. Where You pay for a package, We will use all reasonable endeavours to agree all dates for it which fall within the said period.
   • Your request for a booking for a Training Session (whether or not it is paid for as part of a package) will be an offer, but whether We accept any booking for it will be for Us to decide in Our discretion. Only if and when We tell You that We accept Your request to book a particular Training Session and You have paid for it will there be a binding contract between You and Us for that Training Session. If You wish to purchase a package of Training Sessions and You pay for that package, and in Our discretion We accept that purchase, Our contract with You will be for all of the Training Sessions within that package which You then or later book.
   • When You book any Training Session, We will require You to pay Us in advance for it, and We will be entitled to keep some or all of that payment as set out in sub-Clauses 3.11 or 3.12 below if You later cancel the Training Sessions without giving Us the prior notice that We require to be given as explained in the following provisions of this Clause 3.
   • If You arrive late for any Training 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 Training Session that You have booked as cancelled by You without notice to Us if You arrive more than 10 minutes after the start of the Training Session or You tell Us at any time that You will be arriving more than 10 minutes after its start, or You do not attend it at all. If We treat the Training Session as cancelled in any such case, We may then (but We are not obliged to) give Your time/date slot for it to any “wait-list” or other client wishing to book that time and date slot. We may decide to make a charge to You for that cancelled Training Session, and sub-Clause 3.11 below will then apply.

3.11      You may cancel a Training Session without charge if You give Us at least 2 Business Days prior notice of the cancellation. If You do so We will not make a refund to You of any sum You paid in advance but carry that forward so that You can rebook for a later, substitute, Training Session and if We then in our discretion accept that substitute booking. This applies to both individual Training Sessions and those which are part of a package.

3.12      If You do not reschedule Your Training Session when cancelling We will be      entitled at Our discretion to charge You for any net financial loss that We suffer due to Your cancellation but that charge will be limited to an amount equal to the full price of that Training Session (i.e. the price paid for it where it was a stand alone session or, instead where it was booked as part of a package, the amount that You would have paid for it had You booked it as a stand alone session and not as part of a package). We will be entitled to deduct that charge from any sum You paid in advance for as the case may be, that Training Session or the package, and We shall refund any balance to You.

• If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel a Training Session without giving Us at least 2 Business Days prior notice, We will consider the circumstances and in Our reasonable discretion decide whether to waive any charge for late cancellation that We are entitled to make under the above provisions of this Clause 3.
• We may cancel a Training Session booked by You at any time before the time and date of that Training Session in the following circumstances:

3.14.1 The required fitness trainer necessary for the Training Session is not available; or

• An event described in sub-Clause 8 below occurs and continues for more than 2 weeks; or
• We find that you are not a “Consumer” (as defined in Clause 1 above).

If We cancel a Training Session in such circumstances We will refund to You in full the payment that You have made to Us for that Training Session unless it was paid for as part of a package in which case the following will apply instead.

Where it was part of a package, We will not make a refund but You may rebook that cancelled Training Session (without further payment) for another date falling within the period after the date when You paid for the package, or if that period ends less than more than 2 weeks after the date of the cancelled Training Session and You prefer to have a refund instead of rebooking We will refund You the price for that cancelled Training Session that You would have paid for it if it had been booked and paid for as a stand-alone session.

• 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 Training 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 Training Session We notify You that there will be a delay of at least that time, You may cancel the Training Session and We will refund to You in full the payment that You have made to Us for that Training Session unless it was paid for as part of a package in which case the final paragraph of sub-Clause 3.13 (as to rebooking of, or refund for, a cancelled session) will also apply to cancellation under this sub-Clause 3.1
• Training Sessions and prices and fitness trainers 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.
• We may immediately terminate a Training 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 Training Session started but not completed in such a case. If at that time You have paid for any Training Sessions as a package but have not yet booked and/or attended one or more of such Training Sessions, We may cancel those Training Sessions not yet booked and/or attended by telling You at the time of that cancellation and in that case We will refund You for the number of Training Session in the package cancelled and the refund will be for the number of package Training Sessions not taken pro rata to the total Training Sessions in the package as a proportion of the price paid for the whole package.
• Where the contract We make with You is not made on Our Premises, the Regulations give You the rights set out in this sub-Clause 3.18, and they will be in addition to the rights given to You by the above provisions of this Clause 3. You may for any reason cancel a booked Training Session during the 14 day period after We accept that booking, but if the booking includes any Training Session on a date which is before the end of that 14 day period, and if You have expressly requested Us to provide any such Training Session in that 14 day period and We do so, You may not cancel that requested Training Session and You must pay for it in accordance with Clause 4, and You may only cancel any other Training Session covered by that booking. If You request that Your booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Sub-clause 3.18, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the Training Session(s) covered by that booking that We have provided. For this purpose, where any one or more Training Sessions has been paid for as part of a package, then You may cancel such Training Session(s) (either booked for any date(s) after that 14 day period or not yet booked), and We will refund for each such cancelled Training Session the total package price amount paid divided by the total number of Training Sessions in that package.

4. Fees and Payment
   • You must pay in accordance with Our Price List for all Training Sessions that We fully and correctly provide to You.
   • You may pay Us for Training Sessions using any of the following methods:
     • Direct bank transfer;
   • We may alter Our prices without prior notice, but if the price of any Training Session increases between the time when You book it and the date of the Training Session, the price increase will not apply to You for the Training Session on that date.
   • All prices of Training Sessions shown in the Price List are inclusive of VAT.
   • Payment must be made in advance by direct debit/standing order or direct bank transfer. We will invoice monthly unless there is a situation where We send an interim invoice.
5. Eligibility to receive a Training Session
   • We only make any Training Session available to a “Consumer” (as defined in Clause 1 above), and Your completion of a Registration Form will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to attend any Training Session. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your registration forthwith by giving You a cancellation notice and You will not then be entitled to attend any further Training Sessions. If at the time of such cancellation You have paid for Training Sessions as a package but have not yet attended one or more such Training Sessions, We will refund You for those Training Sessions not yet attended and the refund will be for the number of package Training Sessions not attended pro rata to the total number of Training Sessions in the package as a proportion of the price paid for the whole package.
   • We will not accept Your application to register or make any Training Session available to You unless You are aged 18 or over. We may require evidence of Your age for that purpose.
   • We will not accept Your application if in Our absolute discretion there are any health issue that concern us;
6. Fitness, Health and Safety

• You acknowledge that Training Sessions may be physically strenuous and You agree that You voluntarily participate in such Training Sessions with full knowledge that even if We and the relevant fitness trainer is not negligent there is a risk of personal injury or illness arising from Your participation in such Training Sessions.

6.2       You will at all times be responsible for Your own state of health, physical condition and wellbeing. You must ensure that you are fit and well enough to participate in any Training Session that You book. Certain Training Sessions or parts or aspects of such sessions and/or of fitness programmes may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.

• If You have any concerns about Your fitness or health, You should seek appropriate medical advice from a relevant professional medical or other adviser before attending a Training Session, and where necessary, You must obtain clearance from a relevant professional medical or otheradviser before booking or attending any Training Session. We cannot and do not provide any such advice or clearance.
• You agree that when You register and when You book and attend any Training Session, that will be Your confirmation that You have no health or fitness problems which may affect your participation in any Training Sessions, and that You have obtained medical or other clearance where necessary. You confirm that the answers given in Our health questionnaire are true and correct in so far as you are aware.
• When You request a booking for a Training Session and if before You attend any Training Session, You tell Us at that time about any medical, health or fitness issue or special need, We will discuss it with You, and inform You if We decide not to accept Your booking because of that issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue or need.
• If You do not tell Us before a Training Session of anything referred to in sub-Clause 6.3 or 6.4 that We then discover, We will be entitled not to provide some or all of that Training Session or any other Training Sessions and to treat any such Training Sessions (or the affected part of it/them) as cancelled by You without notice, in which case We may make a charge to You for thatcancelled Training Session (or part of it) as set out in sub-Clause 3.11 above. If that Training Session is part of a package, We may also cancel any other remaining Training Sessions in the package and in that case We will refund You for each of the remaining Training Sessions that We cancel an amount equal to the total package price divided by the total number of Training Sessions in the total package.
• You agree that We do not offer any type of psychological counselling or therapy and that results are not guaranteed. You are personally responsible for creating Your own results. See also Clause 9.4.
• You must not attend any Training Session when under the influence of alcohol or illegal drugs or immediately following a heavy meal.
• You agree and consent to Us notifying such party as We deem suitable where We have a concern that You may be a harm to Yourself or a third party or in other extreme circumstances.
• If You need to change Your clothing when You arrive for a Training Session and/or You need to discuss or deal with any administrative matter before a Training Session, or We have informed You that the time/slot for Your Training Session does not include time for a warm-up but that a warm up routine specified by Us is needed before You start Your Training Session, You should arrive at least 10 minutes prior to the time slot booked for Your Training Session to allow for a prompt start. If You know You are going to be late for a Training Session, You should contact Us to tell Us as soon as You can before the Training Session time slot start time. If You arrive later than the time slot start time, We may not permit You to participate in the Training Session for health and safety reasons.
• You acknowledge and agree that a Training Session usually involves a certain amount of physical contact between Our fitness trainer and a client to ensure proper technique or to provide support.
• You agree to notify Our Trainer immediately before, during or after any Training session if You feel unwell or unable to continue.

7. Rules

• We do not permit You to:
• smoke anywhere on Our Premises;
• bring to Our premises any child/ren under the age of 10 as We do not have anyone to supervise them;
• bring any animals into Our Premises with the exception of guide dogs. If You require the use of a guide dog, You should inform Us of that when You register;
• bring any crockery, glass, drink (except water) or food into any part of Our P Only water, either in a plastic bottle or paper cup, is permitted in Our premises.
• Generally, You will need to wear loose clothing and training shoes for Training Sessions but if a Training Session requires any other or any specific type of clothing, footwear or other items, We will tell You beforehand of such specific requirements and You must provide the necessary items for Yourself. Clothing and footwear not worn for the Training Session should be stored in the location that We tell You about. If You do not comply with any of these dress requirements, We may cancel the Training Session without liability for any refund or other amount.

8. Events beyond our reasonable control

8.1        We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.

8.2       If any event described under sub-Clause 8.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Training Sessions as necessary. You may, without liability to Us, cancel any Training Session(s) which do not take place due to that event, and We will carry over the payment to a rescheduled appointment. Where no rescheduled appointment is possible We will refund in full the advance payment that You have made to Us for the cancelled Training Session(s). Where the cancelled Training Session(s) is/are part of a package, and refund applies then We will refund You for each such Training Session an amount equal to the total price for the package divided by the total number of Sessions in the package.

9. Limitation of Liability

9.1        We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.

9.2       We provide or sell all Training Sessions to You only for Your personal and private use/purposes.We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity. If You choose to get Your Business to pay for Your Training Session/s that is a matter for You not Us. It does not automatically make you a business client. You must immediately tell Us if You are a Business Client. You will not be able to access any of Our Training Services. We do not in these circumstances make any refunds. We do not accept any liability for any Business losses.

9.3       We make no warranty or representation that any particular result will be brought about as a result of taking part in any Training Session/s. Results will differ from client to client depending on various factors, including, without limitation, body type, and nutrition.

9.4       Our fitness trainer/s is/are qualified and insured to conduct Training Sessions. However, Our fitness trainer/s is/are not medical or health professionals, and do not have expertise to diagnose medical conditions or impairments, and their advice does not include any medical or similar advice and it is not a substitute for advice provided by an appropriate medical, health, fitness, or other professional therapist.

9.5       If You bring any personal belongings on to Our Premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us. We will not be responsible for any loss or damage to Your personal belongings caused by any other client, guest or visitor to Our Premises even where You leave or store them in any place at Our premises referred to in Clause 7.2. We therefore advise You not to bring any valuable belongings to Our Premises.

9.6       Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.

9.7       Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

9.7.1     the Consumer Rights Act 2015;

9.7.2    the Regulations;

9.7.3    the Consumer Protection Act 1987; or

9.7.4    any other consumer protection legislation

as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

10. Changes to Terms and Conditions

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

11. How We Use Your Personal Information (Data Protection)

We will only use Your personal information as set out in Our Privacy Policy available from https://www.thesoutheyway.com/privacy-policy/

12. Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your registration and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to register and/or make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

13. Information

As required by the Regulations:

13.1      all of the information described in Clause 12; and

13.2      any other information which We give to You about any Training Sessions or Ourselves and Our business which You take into account when deciding to make a booking or when making any other decision about Training Sessions;

will be part of the terms of Our contract with You as a Consumer.

14. Complaints

We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience as Our client is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Training Sessions or any other complaint about Us, please raise the matter with Us by email to sara@thesoutheyway.com or on 01235 834868/07860 454514.

15. No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

16. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

17. Law and Jurisdiction

• These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
• As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
• Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

SCHEDULE 1

The Provisions of Schedule 1 are in addition to the Terms & Conditions above and relate specifically to Our online Training Services. In the event of any conflict that relates to online services Schedule 1 shall take precedence.

1. Provision of Online Services

• We undertake to make available to You on these Terms of Sale the online training Services for which You subscribe but if You choose not to access or make any permitted use of some or all of the online Training Services or, for any reason not attributable to Us You are unable to do so, You will not be entitled to any refund.

1.2       Online training Services We agree to provide requested will be available the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non-livestreamed, the period within which it is or will be available for access.

1.3       We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item or by other circumstances. Any such delay will not normally exceed 15 minutes but if the start is delayed by more than that period then We will make a partial refund to compensate You for any inconvenience or loss that You suffer as a result.

1.4       In some limited circumstances, We may need to suspend the provision of online Training Sessions (in full or in part) for one or more of the following reasons:

1.4.1      To fix technical problems or to make necessary minor technical changes;

1.4.2      To comply with relevant changes in the law or other regulatory requirements;

1.5       If We need to suspend availability of the online training Services for any of the reasons set out in sub-Clause 1.4, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons We will inform You as soon as reasonably possible after suspension). You will not be charged while availability is suspended and Your Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 1 day).

• Licence
  • When You use online training Services, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access, participate in and use the relevant online Training Session for personal, non-commercial purposes. The licence granted to You does not give You any rights in in the Training Session (including any material that We may licence from third parties).

2.2       The licence granted to You under sub-Clause 2.1 is subject to the following usage restrictions and/or permissions:

2.2.1    You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Training Session Paid (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); and

2.2.2    If and when You use a two way livestream facility to access the Training Session item or event You must not communicate or make accessible to any other person (who also accesses or participates in it as one of Our customers anything (by voice, text, image or otherwise) except anything which is proper having regard to the content of it or as We may expressly request or permit in any case.

• Problems with the Online Training Sessions
  • We use all reasonable endeavours to provide online Training Sessions that are of satisfactory quality, fit for purpose, and as described, and to use reasonable care and skill. If any online training does not comply or We do not so act, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:

3.1.1    If there is a technical issue at Our end with hardware or software We will endeavour to resolve it as soon as We can;

• If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.

• If You can demonstrate beyond reasonable doubt that the fault has damaged Your device or other content belonging to You because We have not used reasonable care and skill (not otherwise) You may be entitled to a repair or compensation in lieu.
• If, as a result of Our failure to exercise reasonable care and skill, any content from Our Site damages Your device or other content belonging to You, We will either repair the damage or pay You appropriate compensation. Please note that We will not be liable under this provision if:
  • We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or
  • The damage has been caused by Your own failure to follow Our instructions; or
  • Your device does not meet any relevant minimum system requirements that We have made You aware of before You purchased Your Subscription.
  • Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Training Serviceswhich are not as described, do not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.

Attachment

• The online Training

The training (referred to below as “Training”) that We provide will involve one or more of the following which We have agreed to provide to You:

testing and assessment;

physical training;

exercise;

aerobics;

aerobic conditioning and training;

weight training;

circuit training;

cardiovascular exercise and training;

resistance exercise, use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines;

stretching;

weightlifting;

goal setting;

exercise prescription;

nutrition advice;

weight loss;

muscle toning;

strength building;

development of training plans;

motivating, leading and instructing;

and any other training activities, techniques and/or exercises.

We make no warranty or representation that any particular result will be brought about as a result of taking part in any Session/s. Results will differ from client to client depending on various factors, including, without limitation, body type, and nutrition.

1. Use of the Zoom web-conferencing platformto access online Training

We offer Training online as an alternative to a session at Our premises in-person by arrangment.

We use technology which allows Us to provide You with Training online provided that You have the appropriate technology (see below) to receive that Training. For this purpose, We use the Zoom cloud-based web conferencing platform (“Zoom”).

Where We are to make any of the Training available by means of Zoom rather than any other platform, it will be on the following basis.

1. The technology that We will be responsible for providing

We will subscribe to Zoom and will pay any necessary fees to Zoom to maintain that subscription. It will enable Us to act as “host” and to provide the Training to You over the internet via the Zoom facility.

To receive or participate in any session of fitness, wellness, health or nutrition Training within the scope of the programme that We agree with You You will need to join that session via Zoom. You will not need to pay any fee or charge for use  of the Zoom facility or to join that session: You will only need to pay for the Training made available by Your Subscription.

We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any Zoom  App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use Zoom.

1. The technology and other items that You will be responsible for providing

It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in Training via Zoom.

You will need have access to and use the following non-exhaustive list of facilities for this purpose:

• An appropriate functioning Device which is adequately charged;
• An up to date Zoom App where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive Training;
• Stable, reliable, internet access with adequate speed;
• A safe and suitable environment in which to watch, listen, speak where appropriate, and to carry out training exercises or activities;
• Suitable clothing for the exercises or activities concerned; and
• As advised by Us before You place Your order for any Training Session/s or agreed with you then or at any other time, any other gym or other exercise or training equipment that You will need.

We do not make supply or make available the Zoom platform that You use to access any Paid Content. We are not a party to Your download and use of that platform, and We will have no responsibility or liability to you in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of Zoom as the third party provider of the platform to You imposes on such download and use.

1. Scope of what We provide

• Technology

We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.

We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving Training. However, We may, if You request it, either before or during any session of Training, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice. We do not therefore take on any responsibility or accept any liability if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing except if Your Device or Your content is damaged in circumstances where We are liable to You under sub-Clause 3.4.

We will not be responsible or liable if You are unable to access any Training due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for Training that We have made available to You. Such causes beyond Our reasonable control may include (but are not limited to):

• Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or
• Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or
• Failure of or defect in the Zoom platform used by Us or You to make Training available to You; or
• Your inability to access Training due to failure of or defects in Our Site etc.
• Gym Equipment etc

We do not supply or arrange for You to use any other gym or other exercise or training equipment that You will need, but We may tell you the type/s of equipment that You will or might need to take part in a Session. All equipment that You will need will be at Your own cost.

1. Account setup needed

In order to purchase any Subscription and receive any Services, You will first need to register an Account with Us.

1. Your responsibility for Your Account and its security

You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.

Where Your Account requires a password You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session of Your access of Training. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

You must never use anyone else’s Account without prior authorisation from Us for the specific occasion in question.

When registering for an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to tell Us.

If You wish to close and delete Your Account, You may do so by emailing Us at sara@thesoutheyway.com

1. Your privacy and security on each occasion when You access two way synchronous live stream Training which is also accessible to other clients

Where any Training that You access is two way synchronous livestream audio and/or video technology (not a pre-recorded one way transmission), on the occasion You access it, it will be made available on that occasion only to You as an individual private session unless We have specified that it is also to be simultaneously accessible to others who have also purchased it and choose to access it.

Therefore, if We specify that a particular two way session is also accessible to others, the following will apply to that session:

• When You sign in to Zoom, You should indicate Your first name only since Your name will be visible to Our other clients taking part;
• You understand and are aware that there is a risk that other clients and other people may see and hear (via the video and/or audio facilities of the Zoom App and Your Device) not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session;
• The space You use should be free of others and it should be difficult for other clients to see or hear via the Zoom App and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones;
• There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
• We cannot ensure privacy or confidentiality due to the nature of two way sessions involving clients in addition to You; and
• In any event, it will be Your responsibility to ensure that You have a suitable space to use when You participate in any two way session in order to protect Your privacy and that of others in or near that space where other clients have access to the session.

We will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

1. Fitness, Health and Safety

You acknowledge and agree that:

• Any fitness training session (“Session”) may be physically strenuous.
• Certain particular or series of exercises or activities may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.
• Due to the remote nature of online Session, We do not undertake to and cannot attend, assist or advise or arrange for or alert any third party to do so, if during a Session You fall ill or have an accident.
• The trainer at each Session will be appropriately experienced as a fitness trainer and will be competent to conduct the Session.
• Access to any Session and working with a trainer is on the basis that it is subject to the following:
• Our trainers are not medical or health professionals, and they do not have expertise to diagnose medical conditions or impairments;
• Any advice provided by a trainer involved in a Session does not constitute medical advice and is not a substitute for advice provided by a medical professional;
• You voluntarily participate in a Session with full knowledge that even if a trainer involved in the Session is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise or activity and use of any equipment used by You;
• We will endeavour to provide the same trainer for each Session within Your Subscription but We may from time to time need for various reasons to substitute another trainer for any one or more Sessions, including where the trainer originally assigned to You is not available due to illness, personal reasons or any other reason resulting in Our not being able to make him/her available to You;
• When You register for an Account, and also when You book and participate in any Session, that will be Your confirmation that You have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect Your participation in that or any other Session comprised in any Subscription that You have purchased or subsequently purchase.
• You will ensure that You are fit and well enough to participate in any Session that You purchase, and that You will at all times be responsible for Your own state of health, physical condition and wellbeing.
• If You have any concerns about Your fitness or health, You will seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser before purchasing or participating in any Session.
• Where necessary, You must obtain clearance from a relevant professionalmedical or other adviser before You book or participate in any Session. We cannot and do not provide any such advice or clearance.
  1. Advising Us about Your Health etc

When You purchase a Subscription and before You participate in any Session, We advise You to tell Us:

(a)        Of any special physical needs, any issue relating to Your health, fitness or physical limitations of which You are aware, and any medical condition or on-going medical treatment, which might be relevant to any activity to be undertaken at a Session;

(b)        Of any medical condition or if You are taking any medication which may affect Your ability to undertake any exercise or activities at a Session or to use any equipment or facilities that You will or might use;

(c)        Of any circumstances affecting Your health which may be worsened by any exercise or activities at a Session; and

(d)        If You are pregnant, and if so whether You are in the first 3 months of Your pregnancy.

If You advise about the above, We will discuss with You any such matter that You tell Us. We will then inform You if We decide in Our discretion either:

• not to accept Your order for a Subscription because of that medical, health or fitness issue or special need; or
• to accept Your order, in which case You must act in accordance with any instructions provided by Us relating to the issue, and We will be entitled to rely on Your confirmation set out at h(f) above.