HA Fitness Ltd Terms and Conditions
The following Terms and Conditions are for all Participants attending classes and personal training sessions both in person (face-to-face) and online. It includes the obligations and acknowledgements of the Client/Participant, GDPR, payment details, cancellation policy, privacy, liability and our complaints procedure.
By attending any HA fitness session, you are accepting these Terms and Condistions. This Agreement is between you (“the Participant”) and HA Fitness Ltd (‘HA Fitness”).
HA fitness will assign a Personal Trainer (“the Trainer”) to conduct your sessions. All HA Fitness Trainers are self-employed and are fully qualified Personal Trainers holding the appropriate level of insurance. The term “session” includes personal training, small group training and classes.
We strongly recommend you take the time to read and fully understand these Terms and Conditions before commencing physical activity with HA fitness Ltd (‘HA Fitness”). Please also read our Privacy Policy and our Cookie Policy.
1. IN PERSON/FACE-TO-FACE: HA Fitness sessions often take place outdoors, often on uneven ground and/or with limited lighting. All Participants accept the potential dangers in participation in these sessions, in such conditions. Classes may be cancelled by the Trainer without notice, on the grounds of safety. Participants will not be entitled to a refund if the session is cancelled after fifteen minutes of commencement.
2. ONLINE SESSIONS:
2.1. All Participants are responsible for the safety of their own exercise area and any equipment used. This includes ensuring that space is a sufficient size for exercise and is free from obstacles or dangerous items. HA Fitness is not liable for any injury or damage to personal property or possessions caused during the sessions
2.2 Anyone who may be visible during the session should always be dressed appropriately.
2.3 Whenever feasible, we password protect and use a waiting room to prevent uninvited guests to our online classes.
2.4. Recording of the sessions is only permitted by the HA Fitness team. No-one else is authorised to record the sessions by video, photograph, audio or other means. If a class is being recorded by HA Fitness, all Participants will be made aware of this at the onset. Recordings will only be shared within a private members group. The recordings will be deleted after 7 days.
3. HEALTH:
3.1 All Participants must inform the Trainer at the beginning of each session of any medical or other condition(s) that may affect their participation in that session.
3.2. Whilst HA Fitness will take note of such condition(s) and advise of necessary exercise alternatives, the Participant will proceed with the session at their own risk and be fully responsible for protecting their own health and safety in relation to any conditions they have. HA Fitness may request written consent from a medical practitioner before permitting attendance at a class/session.
3.3. If medication is required, such as an inhaler, it is the Participant's responsibility to bring these along to sessions.
3.4.HA Fitness recommends that you seek medical advice before participating in an exercise programme. Participants who proceed without first doing so, do so at their own risk.
4. MEDICAL ADVICE: HA Fitness Trainers are not able to provide medical advice with regards to level of fitness, injuries or illnesses.
5. SAFETY: All Participants agree to abide by all verbal notices regarding safety and technique given during an HA Fitness session. Opportunities will be given to ask questions about the activities, use of equipment and other related issues during a session. If a Participant chooses to disregard any advice given, they do so at their own risk and accept liability for any resulting injuries or damage.
6. LIABILITY:
6.1 HA Fitness accepts no responsibility or liability for any injuries or damage resulting from participation in the session.
6.2 HA Fitness accepts no responsibility or liability for any possessions that the Participant brings to sessions, including any property that the Participant may lose, damage, or believe to be stolen before, during or after a session.
7. INJURY: All Participants must inform the Trainer immediately following an accident or injury during one of the sessions
8. CLOTHING AND EQUIPMENT: All Participants must wear appropriate clothing and footwear to all sessions and are advised to bring water and their own exercise mat.
9. POSTNATAL: Participants who attend a session whilst pregnant, must have had the approval from their GP to exercise and will need to let the Trainer know (in private) before the session. Participation, and the safety of yourself and your child(ren), are your responsibility.
10. BABIES AND CHILDREN: HA Fitness is not responsible for the health and safety of any babies or children who are present at the sessions.
11. PHOTOGRAPHY: HA Fitness will make an announcement prior to taking any marketing photographs or videos and will always give the option to opt out of appearing. Verbal agreement during the session means that you consent to any photography that may be used for commercial purposes, without payment.
12. RESULTS: Participants understand that the results of any fitness programme cannot be guaranteed. The Participant’s progress depends on their effort and co-operation both in and outside the sessions.
12. ATTENDANCE AT CLASSES:
12.1. All attendees must register at the start of the class, providing their full names and may be asked for proof of purchase
12.2. The Trainer may, at any time, ask a person to leave the session if they are jeopardising the safety or enjoyment of others
12.3. If you are late to the class, the Trainer may not let you join if they believe it will be unsafe to do so.
12.4. Classes may be cancelled by the Trainer at their sole discretion without notice, on the grounds of safety. Participants will not be entitled to a refund if the session is cancelled after fifteen minutes of commencement.
13. FREE TRIALS: These are allocated at the discretion of HA Fitness
13.1. Only one free trial class is permitted per person for outdoor classes
13.2. Free trials for online sessions last one week and include all online classes during that week
14. CLASS PASSES AND BUNDLES:
14.1. All purchases must be made online via the website (HA Fitness can no longer accept cash or cheques)
14.2. Class passes and packages are non-transferrable and non-refundable. They cannot be lent to another person. Two adults living at the same address may share a class pass. Proof of address maybe required
14.3. HA Fitness reserves the right to cancel your class pass immediately with no refund if you break HA fitness Terms and Conditions, put the safety and well-bring of the Trainer or other clients at risk, or engage in disruptive or violent behaviour.
14.4. "Live on Zoom Monthly Unlimited" expires 4 weeks after the date of purchase. This is for unlimited access to our online sessions
14.5. "Live on Zoom Weekly Unlimited" expires 4 weeks after the date of purchase. This is for unlimited access to our online sessions
14.6. "Fit In The Park and Live on Zoom Unlimited Monthly" expires 28 days after the date of purchase. This is for unlimited access to both our online sessions and Fit In The Park classes
14.7. "Fit In The Park 10 class pass" expires 12 weeks after the date of purchase. This is for 10 individual outdoor Fit In The Park sessions. Any remaining class credits after this period will expire automatically
14.8."Fit In The Park 1 class pass" expires 12 weeks after the date of purchase. This is for 1 individual outdoor Fit In The Park session.
4.9. "Live on Zoom 10 sessions" expires 12 weeks after the date of purchase. This is for 10 individual Zoom sessions.
15. CLASS TIMETABLE: HA Fitness reserves the right to change the timetable including adding or removing classes or changing location. We will notify you of our intention to do this at classes, on the website and via email and social media updates. Classes may be cancelled without notice on the grounds of health and safety, at any time. You will not be entitled to a refund if the cancellation occurs after the session has commenced.
16: PERSONAL TRAINING:
16.1. Training sessions run for specific, pre-allocated time slots. Each session is deemed to start at the time pre-arranged between the Participant and the Trainer. Any time that has passed due to the late arrival of the Participant will be deemed to be forfeited and will not be made up at the end of the session. If the Participant is more than 20 minutes late, the Trainer has the discretion to cancel the session and the full session will still be charged for. In circumstances where the Trainer is up to 20 minutes late, wherever possible, a full session will be provided at that time, or, where not possible due to either the Client’s or the Trainer’s prior commitments, the time will made up in subsequent sessions. If the Trainer is more than 20 minutes late the Participant can request that the session is rescheduled.
16.2. Once sessions are purchased, they are non-refundable and non-transferrable (except in circumstances with regard to the lateness of Trainers as set out above). Sessions that are booked as part of a package, gift certificate, pay-as-you-go or as a set number must be used within 1 year of the date of purchase.
16.3. If the Participant needs to cancel a session, a minimum period of 24 hours notice must be given to the Trainer in advance of the time that the session is due to commence. If the Participant fails to give the minimum amount of notice, no refund will be given for pre-paid sessions and the full amount will be chargeable for pay-as-you-go sessions.
16.4. Where a session as been cancelled with short notice (less than 24 hours) due to an emergency, the Trainer may use their sole discretion to allow re-scheduling of the cancelled session or not make a charge for a pay-as-you-go client. Such decisions are entirely that of the Trainer and will be made on a case by case basis. Agreement by the Trainer to re-schedule or not charge for one session for any given reason does not form a precedent for future cancellations.
16.5. Sessions maybe cancelled by the Trainer at their sole discretion without notice, on the grounds of safety. The Participant will not be entitled to a refund if the session is cancelled after fifteen minutes of commencement.
16.6. If the Trainer feels it is necessary, they can cancel a session due to the health or wellbeing of the Participant. This may include, but not be limited to, any level of illness that the Trainer deems the Client is displaying, any injury that the Client may have or appear to have, or the weather. If the Client is taken ill or injured during a session, the Trainer reserves the right to end the session. In such circumstances, the Trainer has the discretion to reschedule the session/part of the session that has not been completed due to cancellation.
16.7. In the case of the Trainer falling ill or being unable to instruct the session, an alternative Trainer with adequate qualifications will be allocated if possible. If this cannot be arranged, the session will be re-scheduled.
17. SMALL GROUP PRIVATE CLASSES:
17.1. Payment of a set number of sessions must be made in advance and paid in full by all members of the Group before the sessions can be scheduled.
17.2. At the time of payment, no session bookings need to be made, however once the first session has been booked all of the subsequent pre-paid sessions must be booked and taken within 1 year.
17.3. In circumstances where a Group session has been booked, and where one or more participants of the Group cannot attend that session, the session will go ahead unless the Group collectively agree to cancel and re-schedule the session. Such cancellation must be given with at least 72 hours notice to the Trainer. Where the Group are not in agreement to cancel a session, or for any other reason the session continues without the full Group in attendance, those Participants who miss the session will not receive a refund or additional session.
18. PRIVACY POLICY AND GDPR:
The following summarises our Privacy Policy. Please see the full version here.
18.1. HA fitness will collect, store and use certain personal information that the Participant discloses to us.
18.2. The purpose of this includes the following: a) Confirm that you are healthy enough to safely undertake a programme of exercise b) Provide information about any conditions or injuries that we need to be aware of to work safely with you c) Ensure that you are aware of any risks involved in undertaking an exercise programme d) Fulfil a requirement by our insurers e) Allow us to better work with you to achieve your exercise goals
18.3. You will be asked to update your Physical Activity Readiness Questionnaire (PAR Q) every 12 months. If you are then no longer a client of HA FItness, your information will be deleted. Any personal data linked to financial records will be stored for a 6-year period.
18.4. HA Fitness will only use your email address or phone number to contact you directly about any current training or in reply to a specific query, or of any current offers/important notifications you as customers are being made aware of. If you wish to remove yourself from this list then please contact HA Fitness. HA Fitness does not share client information with third parties.
18.5. HA Fitness uses Googleforms to create our forms. Privacy policy: https://policies.google.com/privacy
18.6. HA Fitness uses Stripe to process our payments. No payment information is stored on our website. Privacy policy: https://stripe.com/gb/privacy
18.7. HA Fitness uses Zoom for online sessions. Privacy policy: https://zoom.us/privacy
18.8. HA Fitness uses GymCatch for session bookings. Privacy policy: https://gymcatch.com/privacypolicy
18.9. HA Fitness uses iContact for email communications. Privacy policy: https://www.icontact.com/legal/privacy
For any further questions about how we store and use your data, please email heather@hafitness.com.
19. CHANGES TO THESE TERMS AND CONDITIONS: We may change these Terms and Conditions at any time. We will give you at least 30 days notice to inform you of any significant changes that may affect your class pass.
20. COMPLAINTS: Complaints arising from any HA Fitness service should be immediately notified to info@hafitness.com or via phone on 07941 851778.