General Terms

1. About

(1) Availability and Price: All services are subject to availability; clients are aware that descriptions of services may also vary.
(2) Bookings: All bookings are made through the Unity Personal Training App or Website.
(3) Refunds: Unity operate under a no refunds policy. Once you’ve commenced the use of the service you signal your intention to complete the contract, as agreed by both yourself and the trainer, in its entirety.
(4) Ownership: Unity Personal Training and its website are wholly owned by its Proprietor: ‘Cavan Finch’, who operates through JD Gyms, as a sole trader and is a legally distinct entity. Unity’s Online Coaching is not tied to JD Gym, nor is it a requirement to be a member for its usage.
(a) Ownership of media and service: Unity’s materials and services are owned by Unity and provided for educational purposes. This service is provided under exclusive licence to you for your enjoyment and personal development.
(b)Third Party ownership: Unity may include materials and services owned by third parties that are provided under license, grant or other agreement between the third party and Unity.
(5) Trainer Absences: All absences have been factored into the structure of the particular service you have purchased. Please consult the individual service terms and Exclusions for further details on this.
(6) Construction and Jurisdiction: This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts. The terms contained within this contract must not be considered in isolation, with particular consideration given to the Exclusions section.
(7) Exclusivity Clause: The Client agrees and understands that by assenting to the contract, without prejudice to the Proprietor’s discretionary rights, and implied terms Statutory or common law, that all agreements, representations and warranties shall have no effect on this agreement.
(8) Definitions:
(a) “ The Proprietor”, and “Cavan Finch”, are synonymous.
(b)“The Proprietor”, and “Unity”, are synonymous.
(c) “The Client’”, and ‘The Trainer’ have singular or plural meanings;
(d)‘ “PT”,’ refers to personal trainer.
(e) “You” & ‘your’, means “The client”.
(f) “Unity Personal Training”, and “Unity” are synonymous.
(g)Credits: these are the currency used by Unity to book sessions.
(h) ‘Wrongful use’: mean the transmission of viruses regarding Unity’s Online Coaching service.
(9) Terms valid from 01/01/2017.

2. Unity’s Rights & Obligations

(1) The Proprietor Reserves the Right
(a) To amend, suspend or terminate services provided for any reason whatsoever.
(b)To alter prices and descriptions of all services offered;
(c) To delegate his power to his employees under this contract to ensure the terms of this agreement are adhered to;
(d)To change or modify these Terms and Conditions:
(i) The Trainer will notify you of any change, and;
(ii) If dissatisfied you have the right to cancel this agreement.
(e) To exercise discretion in the enforcement of new or existing terms for a temporary or permanent basis, without retrospective claim. Any new variation must be confirmed in writing and signed by both The Client and The Proprietor.
(2) Waiver: inaction of the Proprietor does not indicate the right to enforce contractual terms has been suspended.
(3) Availability of Services: In the unlikely event of your trainer being unable to continue your training, for any reason, subject to availability, you can have your sessions transferred to another Unity trainer.
(4)Transfer of Service outside Unity’s Terms: Unity may transfer (assign) all or partial responsibility to another trainer or organisation, outside of Unity’s terms, as long as your rights under this agreement are not materially reduced. Any paid sessions will be transferred to your new trainer.
(5) Enforcement of Ownership and Third Party Rights: Unity reserves the right to protect any branding, logos, marketing, educational or other materials, including Unity’s programmes and/or any variations thereto and its nutrition services materials have been made available to the Client including provisions licensed to Unity:
(a) The aforementioned will at all times remain the property of Unity, or it’s respective Owners, and is subject to copyright and intellectual property law;
(b)Any violation of Unity’s rights will be met with Civil and Criminal action. This includes, Unity exercises of total ownership in respect to any photos, and other data (excluding medical) given to us by the Client for marketing use (testimonials etc).

3. Our Client’s Obligations

(1) JD Gyms: It is a condition of the contract that the Client is a member of JD Gyms and agrees to be bound by JD’s terms in addition to Unity’s own.
(2) Client’s Results: The Client understands that results are not guaranteed without the Client’s own personal commitment; The Trainer can only educate and guide the Client’s progress.
(3) Testimonials: It is a condition of the Client’s membership to provide, when requested, a written testimonial and photos of your personal progress, see.
(4)Unity’s Property Rights: The Client agrees that any photos, and any other communications (excluding medical), given by the Client to the Trainer will remain the property of Unity.
(5) Personal Use: It is understood by the Client’s agreement that materials provided by Unity are given solely for the Client’s own use and personal development, they are not to be copied, published (online or otherwise), reproduce or distribute by any means.
(6) Declaration of Fitness: It is a condition of this contract that the Client shall provide medical clearance from a qualified medical professional before undertaking this service. The declaration will form part of the Client’s consultation form.
(7) Duty to Inform: The Client understands that they are solely responsible for their health and personal welfare. It is a condition that the Client must provide the Trainer when requested:
(a) details of health condition, whether physical or mental;
(b)any changes in health which may affect ability to train;
(c) provide further medical evidence (which may delay the uptake to the service).
(8) Respectful Treatment of Staff: It is a condition of this contract that the Client agrees to treat all Unity staff in a polite and respectful manner and to avoid abusing, harassing or threatening behaviour against other gym members and staff.

4. Exclusions

(1) Insurance: Unity’s proprietor and employees are insured under licence agreement with JD gyms for liability arising from his/their gross negligence.
(2) Agreement to Risk: The Client understands that there are inherent risks in participating in a programme of strenuous exercise. If The Client should sustain or claim to sustain any injury while participating in training, you acknowledge that the Trainer is not responsible, except:
(a)where the injury was caused by The Trainer’s gross negligence following the Trainer’s guidance and instruction
during in-person supervision, or;
(b)an intentional act by the Trainer whilst under their supervision.
(3) Unknown Risk: Unity is Indemnified from liability:
(a) For any undiagnosed medical condition or injury unknown to the client (and trainer); or,
(b)For any medical condition or injury known to the client but withheld from the Trainer which ought to have been
reasonably communicated to Trainer.
(4)Client’s Results: Unity cannot be held liable in anyway regarding your results, unless there is gross negligence on behalf of Unity.
(5) Client’s Loss:
(a)Unity shall not be liable for any financial loss stemming from delays or termination in part or totality of service caused by technical issues (online), closing down of service(s), sickness, injury or death of the proprietor;
(b)Unity shall not be liable for loss of service due to absence, e.g. holidays taken.
(i) Refer to packages for holidays and missed sessions.
(ii) The Trainer will provide notice of absence, where possible and will provide notification regarding their
return.
(c)Unity shall not be liable for loss of service resulting from the Trainer’s Severance from JD;
(d)The Proprietor, will not be liable for any financial loss regarding severance of rental agreement, for any reason, with JD gym.
(e)Unity’s Severance with its Partners: Unity accepts no liability for financial loss caused by ending its agreement with our individual partners.
(6)Consent: Unity shall not be liable for any injury (or other consequence) stemming from a known medical condition or injury where consent to continue to train was communicated to The Trainer by The Client either by:
(a) Verbal or written affirmation, or;
(b)Inferred by action or behaviour of The Client.
(7) Online Indemnity Clause: It is a condition that the Client shall cover all expenses incurred by Unity’s Proprietor as a resulting of the Client’s wrongful use of the Online coaching services, whether intentional or otherwise; this includes but not limited to damages paid to that third party by Unity for clients wrongdoing.

5. Privacy

(1) Statutory Rights: In order to comply with the Data Protection Act 1998, Unity will only do what the Client asks, or what Client has given permission to do with any personal or sensitive information, held eg. health.
(2) Preferences: You are responsible for keeping all your contact information and marketing preferences up to date with the Trainer.
(3) Marketing: By giving over your email you consent to marketing from Unity and their partners.
(4)Distribution of Media: By contracting with Unity you consent to being filmed or photographed for marketing purposes.
(a) Your participation in a session means you consent to photography, filming and sound recording which may include you as a Client and its use in commercial distribution;
(b)Unity will only use the aforementioned for legitimate business only, and not for criminal or immoral purposes;
(c) No payment. The Client surrenders the right to legal challenge.

Packages

1. Trial
2. Private Training
(1) Description of service
(a) 1 to 1 personal training.
(b)Different trainers will charge different rates based on their tier within Unity. This price difference is based on level of experience but will not affect the service delivered.
(c) Access to Unity’s Online Coaching App.
(d)Access to Unity’s educational seminars.
(e) Access to Unity Community Scheme.
(2) Duration
(a) Sessions last approximately 55 minutes.
(b)Service continues until full completion of all purchased sessions.
(3) Booking and cancellations of Session
(a) Bookings: Bookings can be made through the Unity app and website or your trainer.
(b)Cancellation of session: Cancellation of sessions need to be made through the app or with your trainer and within 24 hours of booking.
(i) Sessions, after a successful cancellation, will be owed back to the client at the trainer’s convicenece.
(ii) Any outstanding sessions must be used within a month or they are lost.
(c) Cancellation of session by Trainer: The Client must be aware that the Trainer may have to reschedule the time or day at short notice. The Trainer is not bound by a time frame, but will rearrange a new appointment within a reasonable time.
(4)Payment and Cancellations of Service.
(a) Payment:
(i) Upfront for a monthly rolling basis.
(ii) Price variation depends on trainer and the number of sessions purchased. See description. Subject to change.
(iii) Payment is taken the 1st of every month. Any deviation in billing will be due to bank processing payment.
(iv) There is no minimum contractual stay.
(b)Cancellation of service: If you intend to terminate the service your cancellation must be communicated to the
proprietor, and if applicable before next payment.
(c) Termination of contract: Where there has been a breach of contract by yourself the Proprietor, or individual granted discretion by the proprietor, may elect to terminate your contract.
(5) Credit breakdown:
(a) Client is entitled to one credit per session. Each month client will receive 5 weeks worth of credits. Credit expire each month.
(b)Credits renew monthly
(c) Credits do accumulate but must be used within a month.
(6) Holidays:
(a) Holiday entitlement includes both time off for illness and leisure for the trainer.
(b)A month is defined by Unity as 4 weeks. You pay for 4 weeks worth of sessions meaning on the same date each month. Any additional free sessions gained each month can be claimed back as holiday throughout the year.
(c) Additional sessions equate to 4 weeks of holiday time over the year. These can be taken at their discretion.
(d)The client is not compensated for time taken off as this accounts for the additional free sessions to be or already taken by the client.
(e) Where the trainer exceeds his holiday maximum. The client will be compensated for those sessions/weeks missed.
(f) The trainer’s ability to take ‘holiday entitlement’ is at their full discretion.
(7) Additional information: Unity Community Scheme: offers are available to clients from Unity’s partners. These are subject to terms from their respective supplier.
3. Semi-Private Training
(1) Description of service
(a) Standard package
(i) Cost: see description. Subject to change.
(ii) Group consists of up to 4 women and trainer.
(iii) Access to Unity’s semi-private Facebook group.
(iv) Free access to non-VIP seminars
(v) Inclusion in Unity Community Scheme
(b)Pro packages
(i) Cost: See description. Subject to change.
(ii) All standard benefits
(iii) Free access to all seminars.
(iv) Access to Unity’s Online Coaching app.
(v) Weekly check-in with trainer.
(2) Duration
(a) Session lasts for 55 minutes approximately.
(b)Training cycle lasts for a month before change.
(3) Booking and cancellation of sessions:
(a) All bookings are made through the Unity app or website.
(b)First come first served basis.
(c) Entitled to a maximum of 3 sessions per week.
(d)It is the client’s responsibility to book all entitled sessions .
(e) Entitled sessions expire on a weekly basis. Any sessions not claimed are lost.
(f) Cancellation of session: Cancellation of sessions need to be made through the app and within 4 hours of booking. Failure to do so will result in a loss of session.
(g)Cancellation of session by Trainer: The Client must be aware that the Trainer may have to reschedule the time or day at short notice. The Trainer is not bound by a time frame, but will rearrange a new appointment within a reasonable time.
(h) You are not entitled to have sessions refunded for those you have missed or those you have not booked.
(4)Payment and cancellation service.
(a) Payment: All payments are made via the Unity app or website.
(i) You pay for a subscription service.
(ii) Payment is taken the 1st of every month. Any deviation in billing will be due to bank processing payment .
(iii) There is no minimum contractual stay.
(b)Cancellation of service: If you intend to terminate the service, your cancellation must be communicated to the
proprietor before next payment.
(c) Termination of contract: Where there has been a breach of contract by yourself the Proprietor, or individual granted discretion by the proprietor, may elect to terminate your contract.
(d)Credit breakdown: On successful sign up each customer shall receive 15 credits (1 credit per session) to spend each month.
(i) There is a maximum number of 3 credits available to spend per week.
(ii) Credits are renewable monthly and do not accumulate.
(iii) Client will receive additional monthly credits to account for variation of days in a calendar month. You
are still entitled to a maximum of 3 sessions per week.
(5) Holidays:
(a) For every week your trainer takes off you will be owed an additional 3 sessions over 3 weeks to account for those missed.
(b)Additional sessions scale with trainers absences. E.g. 2 week holiday taken equate to 6 sessions available over 6 weeks.
(c) Only one additional session is offered per week to cover the absence.
(6) Additional information
(a) Unity Community Scheme: offers are available to clients from Unity’s partners. These are subject to terms from their respective supplier.
(b)Referrals:
(i) Applies a discount of £20 per referral which continues for as long as the referred client stays with the
program.
(ii) Once referral income surpasses subscription cost, Unity will continue to pay the additional income directly to you.
(iii) Referral discounts and income are void should youleave the program yourself.
4. Online Coaching