Terms and conditions for the provision of all services by Ady Watts Enterprises Limited
Below are the terms and conditions upon which Ady Watts Enterprises Limited all of its its employees agents and servants and all those engaged in the provision of services on its behalf (all persons whom will be referred to as “Ady Watts”for the purposes of this agreement) will provide its personal training, strength and conditioning services and all other sports, nutrition and other related services (‘Services’). The exact nature of the Services provided to you will depend upon what Services offered by Ady Watts are selected by you and what is agreed between you and Ady Watts.
Please read the terms and conditions below carefully. If you have questions concerning any aspect of these terms please ask a member of the Ady Watts team for clarification before entering into this contract as once signed this will become a legally binding contract between you and Ady Watts.
- 1. Health Check
1.1 Purpose of the Health Check Before any Services are provided by Ady Watts you must complete a Health Check Form. If you are participating in any form of group training then the person arranging the group training with Ady Watts must complete a Group Training Health Check Form in relation to all of those people involved in the group training and ensure that it is always kept up to date should any of the persons participating in the group training change or any of their circumstances change in anyway.
1.2 On completion of the Health Check you will be asked to sign the Health Check Form to indicate that the information provided, and what has been agreed and is stated in the form, is recorded accurately. In relation to any group training the person engaging our Services will sign the Group Training Health Check Form after consultation with all those involved in the group training.
1.3 Length of Health Check and cost the Health Check normally takes between 1 to 2 hours depending on the type of training you are proposing to undertake with Ady Watts. The charge for completing the Health Check is £120 or as specified on the website at www.adywatts.com under the heading Membership ‘My Services or as otherwise agreed between you and Ady Watts’. The cost of the Group Health Check will be bourne by the person engaging our Services.
The fee for the Health Check will always be payable whether or not, subsequent to the Health Check, Ady Watts will be providing any further Services to you.
2. Performance of the Services
2.1 AdyWatts will normally provide you with the Services:
2.1.1 only after a Health Check or Group Health Check is carried out; and
2.1.2 in accordance with the programme of exercise and training as agreed between you and/or as specified on the Health Check Form.
2.2 If there is a significant period between a Health Check or Group Health Check being completed and Ady Watts providing the Services you may be asked to confirm in writing that the information provided on the Health Check/Group Health Check Form remains accurate and that nothing of significance has changed in yours or anyone else’s medical condition or lifestyle which will affect any Services being provided by Ady Watts.
2.4 Ady Watts aim is to provide all of its Services to the highest level of professionalism using reasonable care and skill.
3 Facility
Normally the Services will be carried out at the Ady Watts facility located at Unit 2 Clearview Court, Twyford Road, Rotherwas Industrial Estate in Hereford (“the facility”). If the Services to be provided to you are in a location other than the facility then the place where the Services are to be performed (such as if the Session was to be at your home, outside or at an alternative gym or location of your choosing) then Ady Watts will normally require that you or those engaging the Services of Ady Watts on your behalf ensure certain items are provided and ensure that the space where the Services are to be performed (if performed indoors) are ready for use and have been cleared of obstructions. If Ady Watts provide the location or the Services are carried out at the facility then Ady Watts will be responsible for ensuring that these requirements are met.
4 Length of a Session
Ady Watts services are usually provided by way of either a variety of monthly membership options with each membership option providing different specified Services within a contract or Ady Watts will provide its Services by way of sessions, either as one off sessions or as a group of pre booked sessions (“Session”) on an individual or group basis. The membership options available will include various Sessions each month within the contract. The Services provided within a specific membership package or the length of any of the Sessions provided will depend on the nature of the Services being provided. The actual period of the performance of Services during a Session will normally be approximately 45 to 50 minutes unless agreed otherwise. A few minutes at the beginning and each session is required to set up, ask you any questions about your condition, any issues or problems etc and allowing you time to change etc.
5 Stopping a Session
At any time during a Session or any period of activity/training relating to your membership if in the opinion of Ady Watts:
5.1 you appear to be unwell or becoming unwell; and/or
5.2 are not following the reasonable instructions given to you (such as not following instructions intended to protect your, Ady Watts or another person’s safety); and/or
5.3 you are behaving or acting unreasonably or are offensive in anyway;
then Ady Watts may wish to stop a Session and not continue it. If the step is taken to stop any Session then it is within Ady Watts right to then cancel all further Services provided to you by Ady Watts. If Ady Watts stops a session in accordance with this clause then the full cost of that Session will be payable and no credit will be provided to you in respect of any membership fees paid for the remainder of that calendar month or for the remainder of any block of Sessions booked and paid for.
6 Costs of Sessions and payment
6.1 Costs The fee for each monthly membership option, Session or a block of Sessions whether that be on an individual or group basis (where ordered by you at the same time) are set out on my website at www.adywatts.com and on the noticeboard at the Facility.
6.2 Session overruns If at your request, and with Ady Watts agreement, a Session runs longer than a Session period or if any other training provided by Ady Watts pursuant to your membership package runs over the allotted time you will be charged for each additional 15 minutes provided at the pro-rata rate you are paying for a Session or the hourly rate of the relevant instructor (all fees are set out at www.adywatts.com and on the noticeboard at the facility.
6.3 Increase in costs If Ady Watts intends on increasing the membership fee for your particular package then you will be provided with at least 4 weeks written notice of the increase in fees. If you book a block of Sessions then the fee will remain the same for that block of Sessions if Ady Watts increases the rate of the fees before the block of Sessions has been concluded. If you book Sessions one at a time, we will be entering a separate contract at each booking. In this case the fee for each Session will be that in force at the time of the booking as set out on the website www.adywatts.co
6.4 Payment Ady Watts accepts payment by card, in cash or by cheque, or online via the Optimal Payments secure payment site. Ady Watts is registered for VAT and VAT is chargeable in addition to the various costs set out where applicable. Payment must be made in advance of any of the Services being provided. If you have booked a block of Sessions then payment will be made for all the Sessions booked before the beginning of the first Session. All payments made are non refundable unless otherwise stated or agreed.
7 My travel time
Ady Watts will charge for travelling to or from a Session at 40 pence per mile. If a charge is to be made for travel time then this will be made clear at the time you book a Session.
8 If you are late for a Session or you cancel
8.1 If you are late
8.1.1 If you are late arriving to any pre booked Service being provided by Ady Watts including a Session or if you have chosen the location of the Session and it is not ready at the scheduled start of a Session, then the Session will start when you arrive or the location is ready. The Session will continue until its scheduled end regardless of the start time. If you wish the Session to overrun, and Ady Watts agrees, then you will be charged for the extra time spent in providing the Services, as set out in clause 6.2 above.
8.1.2 If in Ady Watts reasonable opinion providing the Services will serve no practical value or will be unsafe for you in the time available remaining of the Session then the Session maybe cancelled. You will still be expected to pay for the Session in full however.
If you cancel If you have booked a single Session and you cancel with less than 24 hours’ notice then you must pay the full cost of that Session. If you cancel a Session when you have booked a block of Sessions, Ady Watts will normally re-arrange the Session for another time however if you decide that you no longer wish to continue with the remaining Sessions booked as part of a course of Sessions then you will forfeit the cost of the remainder of the course. You may cancel a membership contract at any time by giving not less than 4 weeks written notice of your intention to cancel the membership by completing the Cancellation Form available from the office at the Facility. You are liable for all membership costs up until the date of cancellation of your membership and no credit will be given in respect of any unused Sessions contained within your membership.
9 If Ady Watts cancel
On occasion Ady Watts may have to cancel a scheduled Session. This may occur because of a number of reasons, such as that your instructor is unwell, or a preceding session has overrun or the instructor cannot reach the location where we have a scheduled Session because of travel problems (traffic jams, etc). If a cancellation occurs in this situation then you will be offered another scheduled Session without further charge.
10 Transferring booked Sessions
If you have booked (and paid for) Sessions these are non transferrable.
11 Limitation on Ady Watts liability to you
Ady Watts liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by Ady Watts. Liability for death or personal injury is also subject to certain limitations which are set in clause 12.
12 Limitation and exclusion of liability for personal injury and death
AdyWattswill compensate you for any loss or damage you may suffer if Ady Watts fails to carry out their duties imposed by law unless that failure is attributable to:
13.1 your own fault;
13.2 a third party unconnected with the provision of Services under this contract; or
13.3 events which could not have been foreseen or forestalled even if Ady Watts had taken all reasonable care.
14 Contacting each other
If you wish to send Ady Watts any notice or letter then you should send it to the f=Facility address set out above. If Ady Watts wish to send you a letter or notice they will use the address you have given in the Heath Check Form.
15 Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
16 Disputes
If you are unhappy with the Services provided please discuss any problems or issues with your instructor first. In addition, or alternatively, you may wish to contact Ady Watts direct or Talk Mediation inHerefordas they offer a mediation service which can help resolve disputes. If you wish, you may, at any time, take court proceedings. If so, you must do so within the courts ofEnglandandWales. This contract is governed and construed by the law of England and Wales.