CLIENT TRAINER AGREEMENT
PLEASE SAVE OR PRINT A COPY FOR YOUR RECORDS.
1. My commitment to you:
1a. Confidentiality. All information you give me will be kept in confidence. Your personal details and medical information will not be made available to third parties unless permission to do so is granted by you.
1b. Recommendations. Using my judgment and experience, I will suggest certain exercises and other lifestyle advice that I believe will help you achieve your personal goals, but if at any time you have specific requests please tell me so I can accommodate them.
1c. Referral. I intend to work with you within the scope of my knowledge and competencies as an Exercise Professional. Therefore when I believe it is in your best interests to see another health professional, I will refer you appropriately.
1d. Permission for capture, and use Media is defined as photography, video, written or verbal testimonial, or any other form of capturing likeness. For valuable consideration received, You grant absolute and irrevocable right and unrestricted permission concerning any captured media that she/he has taken or may take of you or in which you may be included with others, to use, reuse, publish, and republish in whole or in part, individually or in connection with other material, in any and all publishing platforms now or hereafter known, including the Internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if she/he so chooses. You release and discharge The PHBP/ Yoga culture from any and all claims and demands that may arise out of or in connection with the use of the media, including without limitation any and all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Photographer, Videographer, Interviewer, Editor, as well as the person(s) for whom he/she captured the media. You are a legally competent adult and have the right to contract in my own name. You have read this document and fully understand its contents. This release shall be binding upon me and my heirs, legal representatives, and assigns.
2. Your responsibilities to me
2a. Disclosure of information. If requested (you will be asked to fill in a Par Q health questionnaire on sign up or privately) Please disclose all health information and keep me updated and informed of any changes to your health status. This includes all medical conditions; physical and mental, injuries, allergies, and medication you are taking. If necessary, you may need to seek clearance from your doctor before participation in the exercise program I recommend. If you have recently given birth you must have had your 8-10 week postpartum check by your midwife or GP and have been given clearance to exercise.
2b. By agreeing to this agreement, having NOT been required to fill in a Par q/ Health Questionnaire, you voluntarily confirm that you do not know of any health issues that means you cannot or should not participate in any form of exercise/ physical activity and/or dietary changes. If you are unsure you can check HERE and fill in this Par q if you feel necessary. If you have any questions regarding this please do not hesitate to contact us at hello@phbp.co.uk
2c. Communication and Commitment. While I can give you the tools and encouragement to reach your goals, ultimately you will need to assume responsibility for making the required changes. I can best help you with this process if you keep me fully informed of any issues that arise for you and if you have any questions or concerns whatsoever please don’t hesitate to voice them with me. This includes any minor or major changes that happen throughout pregnancy of any of our pre-natal members. The PHBP/ Yoga Culture must be notified of any changes to you, your body or your baby that may be affected by exercise, diet or lifestyle changes. You can contact us at hello@phbp.co.uk
2d. All food and training plans and training/ Yoga Videos are for the use of members only. On no occasion should a member be sharing with friends / family member or other. If a member is found to be sharing members content with non members their membership will be cancelled with immediate effect and all access to the PHBP/ Yoga Culture will be cancelled.
3. Terms of this agreement
3a. The client understands that they are paying the PHBP/ Yoga Culture for their services as outlined on sign up and this agreement. In the event that the client doesn’t use the services it is up to the client to cancel their membership/ class. The client will not be refunded for payments already taken. The client agrees to make the payments agreed and on time. The PHBP/ Yoga Culture will deliver advice to the best of their ability and respect and follow all applicable UK laws.
3b. All transfers are conducted through Stripe and/or Squarespace and/ or Paypal / Bank transfer and are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made. All payments are non-refundable, if you cancel your subscription you will receive access to your account up until the next pay date.
3c. Membership Sites: If your payment method fails you will be sent an email notification to update your details. Failure to update your details will unfortunately remove all access to the members area.
4. Personal Training and Group Exercise
4a. Clients partaking in 1-2-1, couple or group personal training must notify me at least 12 hours prior to their session if they are unable to attend or need to reschedule. Sessions cancelled under 12 hours of the session starting are subject to a missed session charge of 100% of the total value. If a session is missed and there was no attempt to cancel or rearrange, online or in person, the client will incur the full cost of the session missed.
To be fair to all our clients and those seeking PT sessions we request you let us know in advance if you are going to be late for your PT session as soon as possible. Please contact us on 07805186987 or yogaculture@phbp.co.uk if you have any questions regarding this.
4b. With Yoga Culture classes you have the ability to change and cancel your classes through your account up until 12 Hours before the class begins. If you are booked on a class and you do not attend, having not rescheduled or cancelled 12 hours before, unfortunately we cannot refund the cost or minutes of the missed class. Please contact us on 07805186987 or hello@phbp.co.uk if you have any questions regarding this.
5. Accepting Potential Risks
5a. Accepting potential risks. Whilst for most people exercise is hugely positive with many health benefits, there remains some risk, by ticking/ Signing in agreement to this agreement you are voluntarily agreeing to assume all of the foregoing risks and accept sole responsibility for any injury to my yourself and you (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance and use of advice from The Pre & Postnatal Health & Body Plan, Yoga Culture and its employees.
5b. Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19.
The Pre and Postnatal Health and Body Plan and Yoga Culture has put in place preventative measures to reduce the spread of COVID-19; however we cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending a session could increase your risk and your child(ren)’s risk of contracting COVID-19.
5c. By voluntarily agreeing to this agreement, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk to yourself and your child(ren) that you may be exposed to or infected by COVID-19 by attending The Pre and Postnatal Health and Body Plan’s or Yoga Cultures training session that such exposure or infection may result in personal injury, illness, permanent disability, and death. By voluntarily agreeing to this agreement you understand that the risk of becoming exposed to or infected by COVID-19 at The Pre and Postnatal Health and Body Plan or Yoga Cultures session may result from the actions, omissions, or negligence of myself and others, including, but not limited to, The Pre and Postnatal Health and Body Plan / Yoga Culture and its employees, volunteers, and program participants and their families.
By voluntarily agreeing to this agreement you release, covenant not to sue, discharge, and hold harmless The Pre and Postnatal Health and Body Plan / Yoga Culture and its employees, Freelance instructors and self-employed personal trainers, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. By voluntarily agreeing to this agreement you understand and agree that this release includes any Claims based on the actions, omissions, or negligence of The Pre and Postnatal Health and Body Plan, its employees, Freelance instructors and self-employed personal trainers agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Training program or session.
In attendance to Personal Training and/or Group Exercise Classes/ Yoga classes or retreats we ask and expect that you follow the Government Guidelines and Laws issued at the that time the session is carried out.
5d. Should we be asked to share contact details with Track and Trace we would use the contact details given at time of sign up.
6. Retreat specific in addition to the rest of this document
6a. It is your responsibility to fully understand the terms and conditions for the retreat. Please read carefully what is and is not included in your retreat package and view all encompassing you have received, the cost of the retreat includes everything outlined in the documentation you have received. Should you have questions regarding the terms and conditions please feel free to contact us.
6b. Payment can be made by direct debit or cash. If a non-refundable deposit is made, the remaining balance will be due no later than the date given at booking prior to the retreat start date. Participants will receive a reminder email/ text at least one week prior to the due date. If full payment is not received by this deadline, we reserve the right to cancel your reservation and fill your spot. We will make every effort to avoid this situation by contacting you prior to and on the day of the balance due date.
6c. Cancellation policy. If you wish to cancel your retreat you must notify Maricarmen via telephone on 07805186987. There are no refunds on deposits or full balances. As we do not include travel insurnace we advise that you get your own specific travel insurance at the time of leaving your deposit. There are also no refunds paid after the final payment deadline set. Exceptions to our cancellation policy cannot be made for ANY reason, including weather, terrorism, civil unrest, health changes, personal emergencies or otherwise. There is no refund for arriving late or leaving a trip early. We endevour to liase with the travel agent used to book the holiday but as we cannot ensure a refund we advise travel insurance from the date of your deposit.
6d. Reservations cannot be transferred from one retreat to another.
6e. The Host reserves the right to make any changes deemed necessary; including, but not limited to: advertised excursions, arranged transportation, advertised meals, etc. In the rare case of a Retreat cancellation, The Host will offer a transfer to another retreat (if possible) or a full refund of your payment. The Host is not responsible for any expenses or damages incurred as a result of retreat cancellation including preparation costs, airline tickets, travel documents or other expenses. The Host reserves the right to cancel any retreat prior to departure in the event that there are too few people booked, in which case you will be given a full refund of any and all payments made to The Host. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damages (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
6f. Travel documents. For retreats held outside the U.K , all passport holders are required to have at least 6 months validity on their passport at time of travel, and must have their own travel insurance to cover the dates of the retreat. We request that you supply evidence of this to the host.
6g. Roommate assignments. Retreat rates are per person. Double or otherwise advertised shared rooms require shared occupancy for the specified room rate. If you have specified a room mate we will do our upmost to have you share with this person but unfortunatly this cannot always be guaranteed. Please speak to the host regarding this as soon as possible to make them aware.
7. Assumption of Risk and Liability
By Attending a class/ 1-2-1 / Retreat / signed up to any of The PHBP memberships/ packages you acknowledge that you have voluntarily enrolled to participate. In consideration of The Host allowing you to participate, you agree to this release of claims, waiver of liability and assumption of risks. On behalf of yourself, your heirs, executors, successors, administrators and any other person who may have an interest at common law or by operation of statute, you hereby waive any and all claims you or such parties may have now or in the future. You release from liability The Host and any teachers, employees, guides, agents or representatives (“the releasees”) for any personal injury, death, property damage or loss or any nature suffered by me as a result of participation in any activity on the retreat. You release from liability The Host for any cause whatsoever including those arising out of, or in any way connected to or occasioned by the negligence of the releasees.
You, the undersigned, are aware that there are significant risks involved in physical training, including but not limited to, the physical training inherent to all yoga exercise activities, and that your participation in any such physical training program carries with it the potential for death, injury, and/or property damage. The risks include, but are not limited to, falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains; those risks caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and trainers and lack of hydration. These risks are not only inherent to physical training and athletics, but are also present for volunteers and spectators. You are aware that any of these above mentioned risks may result in serious injury or death to yourself and or your partner(s). You willingly assume full responsibility for the risks that you are exposing yourself to and accept full responsibility for any injury or death that may result from participating, volunteering or watching in any physical training, including this yoga program. You realize that liability may arise from negligence or carelessness by the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. You acknowledge that you have no physical impairments, injuries, or illnesses that will endanger yourself or others.
You acknowledge that you are willingly participating in these activities and that you have assumed all risks as described above. In consideration for you being allowed to participate in the activities offered, you, the undersigned hereby release The Host, their principals, teachers, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon you, your successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, you agree that the remainder of the agreement shall remain in full legal force and effect. If you are agreeing on behalf of a minor child, you also give full permission for any person connected with the hosting organization to administer first aid deemed necessary, and in case of serious illness or injury, you give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
Indemnification: The participant recognizes that there is risk involved in the types of activities offered. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur solicitors fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless The Host and the hosting organization, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered. This includes but is not limited to the parks, recreational areas, playgrounds, and pool areas adjacent to main building, and/or any area selected for training.
8. Release and Waiver of Labillity
BY agreeing to this release and waiver in attendance you, your assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue or attach the property of The Host, their affiliates, teachers, employees, agents or volunteers or any of their affiliated organizations for injury or damage resulting from acts, howsoever caused, by any employee, agent, or contractor, or any of their affiliated organizations, as a result of your participation in The Host’s retreats. You are hereby agreeing to release The Host, and any of their agents or affiliated organizations from all actions, claims or demands that you, your assigns, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury, damage, or death resulting from your participation in The Host’s retreats/ classes/ memberships.
You agree that you are medically, physically, emotionally and in all respects fit and able to participate in The Host’s retreats/ classes and, or memberships.
You agree you will be fully and financially responsible for your own physical condition and well-being during the retreat and will follow the safety precautions and instructions prescribed by The Host.
You acknowledge that The Host may make suggestions from time to time that are intended to help me and my well-being. However you take ultimate responsibility for my choices and realize that The Host is not licensed medical provider and that you must consult my doctor.
If you experience pain or discomfort during the retreat, you will modify The Host’s instruction to suit your individual needs. You will not hold The Host responsible for any pain or discomfort you experience during or after the retreat. You agree and understand that the activities offered on this retreat are not a substitute for medical care. You understand that The Host is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness.
By agreeing to the terms outlined here and elsewhere on the The Host’s website you hereby release and discharge your rights and claims for damages or liabilities that may occur as a result of participation on a The Host’s retreat, in class or as a member or The PHBP/ Yoga Culture.
9. Privacy
All members must read our Privacy Policy which can be found HERE.
Signed by Maria del carmen Mitchinson
Updated August 27th 2023.