Terms and conditions

Terms and conditions

Schedules

1. These terms and conditions are to be used for the website www.personaltrainingmaster.co.uk and any and all of its services including but not limited to, fitness, nutrition, or health consultations, educational programmes, lectures or training, any public presentations, public talks, or programmes given or offered by the website or its owner, any information on the website or links from the website, and all blogs, scientific studies, journals and research posted on the website or blog.

2. These terms and conditions also govern the conditions of any agreement between the Owner (‘The Personal Trainer’) and the Client (‘The Client’). The Personal Trainer will be, respectively, the person carrying out the service and the Client will be receiving the service which may include, lectures, consultations, or programmes related to optimum-health, nutrition, fitness, one to one or group session related to personal training, fitness training, Pilates Personal Training, lifestyle health and nutrition consultation, raw-food-classes in London, cooking food classes, smoothies classes in London, juices classes, natural probiotics fermentation classes in London, food dehydrating classes, food demonstrations or food preparation, telephone or Skype calls, emails, and any co-ordination with a health, medical practitioner or correlated person in the medical field.

3. The use of any of the services mentioned, including others, will constitute the full and impartial approval and acceptance of these terms and conditions, and any dispute arising out of any agreement for services will be governed by the terms of this agreement. The terms of this agreement do not affect your statutory rights so long as you provide a notice in writing to the Owner with attested evidence of your complaint within seven days of the complaint arising.

4. This agreement is read ‘as is’ and will not operate retrospectively.

The Personal Trainer Obligation

5. The Personal Trainer is under a duty towards the Client to provide a practical service and to assist the client with their requirements so far as is reasonable. The Personal Trainer may create a special programme for the Client which would take into account several factors including the clients age, gender, body type, body metabolism, specific diet, weight, oxidative stress levels, environmental implications, overall health, any specific health problems, fitness level, and stress level. The Personal Trainer will create a programme tailored towards any general or specific outcomes the Client would like to achieve from the training programme.

6. The Personal Trainer is not responsible and cannot be held liable for any unexplained or unknown medical condition at the time of the formation of the contract. This includes any heart condition, skin condition, disease, disorder, and/or any other illness.

7. The Client understands that no particular result can be guaranteed from the exercise programme created, and that results may vary from person to person. The client acknowledges that the success of any personal training programme depends on the co-operation by the Client towards the Personal Trainer and this includes, the Client following the nutritional advice given, keeping with the exercise programme and performing to the highest level, and listening and fully implementing the feedback given. Any Personal Training programmes, Pilates and personal training sessions and any other type of exercise sessions and lifestyle, nutritional consultations etc but not limited the ones that are mentioned or are provided by the Owner or his professional associates can be cancelled at any time by the owner or by the professional associates involved within 24 hours notice except where there are emergencies and an instant cancellation will take place immediately without any notice.

8. The agreement between the Client and the Personal Trainer is totally confidential and any information given will not be disclosed unless as otherwise required by law.

The Clients Obligation

9. The Client understands that they must commit to the programme provided by the Personal Trainer to their maximum ability in order to achieve optimal results. This includes, arriving to training on time and completing each training session with maximum effort, addressing points from any consultations or advice given as part of the training, giving feedback on any problems encountered during the training, doing the home work agreed, and completing the suggested or provided nutrition plan.

10. It is compulsory to wear appropriate clothing and footwear during training. Inappropriate footwear or clothing may result in injury for which the Personal Trainer will not be held liable.

11. The Client acknowledges and consents that you are solely responsible to inform and update the Personal Trainer of your health, in the past, present, and future, that could affect your ability to exercise safely and with minimal risk of injury.

12. The Client understands that there are ongoing risks in participating in any level of any training programme. The client agrees to indemnify and hold harmless the Owner from any injury sustained or claiming to be sustained whilst participating in training, except where this affects your statutory rights.

13. The Personal Trainer cannot be held liable in any way for undeclared or unknown medical conditions.

14. Force Majeure – The agreement between Jazz Alessi and the client will be suspended due to any unforeseen circumstances which is outside of the client and trainer Jazz Alessi control, or was unexpected and undeliberate. This includes, TFL public transport cancellations, national rail and trains cancellations, heavy rain, storm, wind, thunder, and weather inappropriate for training, any temporary illness, sickness, flu, disease, injury, or similar, which happens to the Client or the Personal Trainer, any tragic event such as the passing away of a loved one or relative, any emergency event or disaster, all this is done to protect both the Client and the Personal Trainer. The training will be resumed at the conclusion of the unforeseen event. Any unforeseen event as such will not be considered a breach of contract, and will not be refundable. Instead, the Client and the Personal Trainer will have the opportunity to shift the Personal Training to a suitable period.

15. Freeze clause – If the Client or the Personal Trainer fall I’ll, have a health problem or disease or any related problem that forces them to stop training, then they will be able to freeze the training for up to 12 months, and if further, then by renewed agreement between the parties. The client or personal trainer should notify the other of the health problem and ensure that the parts of the programme that can still be completed such as the nutritional work are still completed. Freezing the programme will mean there is no refund, and the Personal Trainer and Client will be able to resume training at the appropriate time when their health problem or related issue is resolved. Any request for a freeze clause must be made in writing and approved by the Personal Trainer in writing before commencing.

16. The Personal Trainer will spend a maximum of two years on any given programme. After two years, the programme will expire. The Client has sufficient time to complete their programme, the Personal Trainer is dedicated to the Client for the period of two years, and the contract achieves certainty of a clear completion date. The Client will in addition make all effort to maintain effective communication with the Personal Trainer to complete their programme in due time. The Client is liable where they do not maintain sufficient communication with the Personal trainer, and do not achieve desired results.

Refund Policy

17. The Client acknowledges that the Owner, once accepting the Clients Offer, will create a fully tailored exercise and nutrition programme and will block out large reserves of time for the purpose of training and consulting with the Client. For this reason, Refunds are not allowed and any payment, once made, cannot be redeemed.The payment is for all Nutritional and Personal Training, Fitness, Optimum Health Lifestyle and Consultations, Conferences, Workshops, Seminars, Presentations, Public Speaking and Educational Courses, and/or Support Services (‘Services’) of Jazz Alessi (‘the Owner’). Therefore this paymentis final and there will be no cancellation or refund of the payment except otherwise at the sole discretion of the Owner.

18. The client acknowledges and agrees that the packages provided by the Owner to the Client (‘Client’) are created and tailored towards each Clients individual requirements. The Owner may consult with other Health and Fitness Specialists in order to assure his service delivery. This and other factors requires that the Owner spend a large amount of his time towards an individual client in order to maximize performance and delivery of service, and any refund, cancellation or delay in payment could bring the Owners business into financial complication or disrepute. The payment may include a special offer or a discretionary discount offered by the discretion of the Owner. Any special offer or discretionary discount is solely at the Owners discretion and is therefore not binding.

19. The provisions of this disclaimer do not affect your statutory rights provided you bring a claim within seven days in signed writing containing irrefutable and exceptional evidence of your claim to the Owner Jazz Alessi.

20. Any Cancellation of an individual Session will not be redeemable and Re-Scheduling a Session must be done at least 24-48 hours before any Session or will not be rescheduled. Where the Client does not follow precise instructions agreed regarding forms to complete etc, and therefore creates extra work for the Personal Trainer, the Personal Trainer will be entitled to remuneration for the extra work, as the work is agreed to be completed in a set time frame OR this is creating more work for the Personal Trainer means he will have to do the work and be prevented from working with other clients during that time.

21. The client perfectly understands that, as the Personal Trainer is booking out large reserves of time for a limited number of clients, any cancellation or force majeure that forced the Personal Trainer to stop training for a time, mean that the Personal Trainer will not be able to seek a remedy and obtain another client, due to the type and nature of the highly structured and personalized training sessions which takes a huge effort for the Personal Trainer to create. Therefore, there will be no refunds on programmes agreed on and paid for, as the Personal Trainer has booked large reserves of time for that client, and has spent a huge effort to personally create their programme and develop it to the highest level of expertise.

22. Where a Client pays by card and the programme is refundable, the refund must be made to the card that the Client uses to pay for their programme or that part of their programme or training or consultation, (“The Services”). The Personal Trainer, in the event of a refund, will only be able to make a refund that will go back to the same card that the payment for the Services was made out of. This is in order to ensure that correct legal procedures are followed and the Personal Trainer is exempt and held harmless from liability from third party agreements.

General

23. The contents and provisions of this Agreement are governed by the laws of the United Kingdom, and any dispute arising from the provisions will be adjudicated by the courts of England and Wales.

24. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

25. The Client acknowledges that responsibility for keeping their preferred method of contact and personal information and with the Personal Trainer stands with them. In order to comply with the Data Protection Act 1998, the Personal Trainer will only do what you ask him to do, or what you have given him permission to do with any personal or sensitive information held about you.

26. The Client agrees that entering this website is entirely at their own risk and discretion. Any malware, computer virus, or unwanted software that the Client may receive as a result of visiting or downloading information from this website is entirely their responsibility and the Owner will not be liable for any damage that may result.

27. Where there is an updated version of these terms and conditions, this will take precedence and will be binding on the Client. Any previous terms and conditions will be nullified where there is an updated version and the updated version will then be used to solve any dispute between the Owner and the Client.

28. The Client appreciates that the provisions of this agreement are there for the peace and comfort of the Client, and to ensure the Client is well equipped for their respective requested service/package. The Client therefore agree to be bound by the terms and conditions of this agreement.

29. Recording in Classes, Events, and Lectures – In order to record, reproduce, film, videotape, tape Dictaphone, or keep any register of Jazz Alessi’s personal training, Pilates sessions, presentations during his juicing, smoothie, food preparation, classes, as well as nutrition, general, scientific lectures, talks and presentations during events, open days, and programmes, you must seek the express written permission of Jazz Alessi. After obtaining express written permission any personal documentation made of Jazz Alessi’s material must be for your sole use only and not for any commercial, licensing, selling, distributing, business, or other related purpose and you are directly responsible of safegurding them.

30. When Jazz Alessi records video footage and takes pictures during the Personal Training, Injury rehabilitation, Pilates etc, (used for video/movement analysis and building the client pictures/video library and his training portfolio) and any other parts of his works while he is working with the client, at the end of the package the best footage and pictures selections are made available to the client stored in an USB. Some of these videos and pictures will be shared before the end of the package to motivate, and to inspire the client. Some will be used to discuss with the client certain teaching points and movements corrections etc. ALL content recorded and falling under this category it is seen as ONE thus, this clause covers in full and governs the use of this type of recorded material. The client agrees that this footage and pictures are for sole use ONLY and will NOT be used in any other purposes such as commercial, licencing, selling, distribute, business or any other related purposes. The client MUST take all necessary precautions to safeguard ALL the content shared and is directly responsible and liable in the court of law for intentionally and unintentionally breaching this agreement.

31. Feedback and Testimonials – You agree that Jazz Alessi has the right to use in full, segments or parts, your feedback from your personal training sessions, nutrition sessions, single and group classes, public and private talks, events, documenting case studies, and lectures, in the Testimonials section of his website. You fully reserve the right to your anonymity on your feedback or your name can be written in full, or, on your request, withheld, pen name or abbreviated on the website. However, you fully agree that your feedback will be used by the Personal Trainer in the Testimonials section and other appropriate section of his website.

The Personal Trainer reserves the right to update his gallery regularly, and to add and remove testimonials as he sees are appropriate.

32. Cancellation and Special Offers – On special offer deals made through the website, to a client or in any other event, where a special offer was agreed you agree that there are no refunds. Where a special offer is given, it will be clearly stated on the invoice to the client. Special offers are given to clients at a reduced preferential price agreed on certain conditions, and the Personal Trainer has to put in an extraordinary amount of time, work, research and effort into an individualised programme, especially tailored for his client, and to co-ordinate all of their requirements into one specific targeted programme. The Personal Trainer will not offer refunds on Special Offers.

33. Administrative Charge – There will be an administrative charge of £500.00 for processing any personal training, Pilates, optimum health, wellness, fitness, food preparation classes or nutrition related services. This means that every client will be liable to a £500.00 administrative charge in the events of cancellation, force majeure, or discretionary refund.

34. In the case of a cancellation, force majeure, or discretionary refund after the Personal Trainer has begun working on the programme, whether by beginning nutritional assessments, personal training, or consultation services, or by analysing, collecting, assimilating data, there will be an administrative charge of 30% of the fee that was paid.

35. Clients will pay the full price for programme to be paid in the event of a discretionary refund – Where there is a discretionary refund given at the personal trainer Jazz Alessi consent, where there is a discretionary discount, the client will therefore be charged in full for the services. The clients will therefore have to pay the outstanding fee for the service before receiving a refund based on the price agreed on the discretionary discount. The Personal Trainer spends a large amount of time, resources, and money keeping the programme and nutrition of the client in shape, and will take out funds from his own money to fund the additional costs in the events of a discretionary refund. The programme is therefore only viable for the Personal Trainer due to the fact that there will be training over a long period of time. In the case of a discretionary refund, this will not happen and therefore the client agrees that the Personal Trainer will charge clients in full.

Definitions

‘The Owner’ – Jazz Alessi, provider of the services

‘The Personal Trainer’ – Jazz Alessi, owner of personaltrainingmaster.co.uk

‘The Client’ – The purchaser of the services

‘Services’ – Any service whether educational talks, programmes, lectures, consultations, personal training, Pilates, any other form of exercise and fitness methods, optimum health consultation, food demonstration and food preparation, fitness demonstrations any services provided including but not limited to, scientific blood tests interpretations, fitness tests, x-rays, and/or overall health assessments, any support services including but not limited to phone calls, Skype calls, emails, any consultation including but not limited to any talks, invitations, public speeches and/or workshops.