Trainer Terms and Conditions

  1. Definitions and interpretation
    1. In these Love The Burn Trainer Terms and Conditions (the Conditions), unless the context otherwise requires, capitalised terms and expressions have the meaning given to them where they are first defined in these Conditions and in particular:
    2. Agreement means the overall agreement between LTB and the Trainer governing the Trainer’s participation in the LTB Scheme, as may be amended by LTB from time to time in accordance with Condition 20.4;
      Burner means an individual user registered on the LTB App and the recipient of the Training Services;
      Burner Data means any information or data of any kind relating to a Burner, including the Health Assessment and other information provided by a Burner on registration or during the period that their account is active in the LTB App;
      Burner Terms means the LTB Burner Terms and Conditions that Burners must accept on registration on the LTB App, as updated from time to time, with the current version available from the LTB website;
      Commencement Date the Agreement shall apply from date of first acceptance of these Conditions by the Trainer in the LTB App;
      Confidential information all information or data (in whatever form) of a confidential or proprietary nature disclosed to or received by the Trainer (by any means) relating to LTB or Burners and which is designated as confidential by LTB or which the Trainer should reasonably be aware is confidential;
      Consumer Protection Law means any laws or regulations in the United Kingdom governing the provision of services to consumers including but not limited to the Consumer Protection Act 2015;
      Data Protection Law means any laws or regulations in the United Kingdom governing the control and/or processing of personal data including but not limited to the Data Protection Act 1998;
      Deal means an offer by the Trainer to provide Training Services at a specified time and location (or within a radius of a specified location) and for a specified price, posted by the Trainer using the LTB App;
      Deal Price means the offered price for a Deal, which must be half the price of the Trainer’s standard rates for equivalent services or such other amount as may be permitted in accordance with the current version of the LTB Scheme Rules;
      Health Assessment means the health assessment questionnaire completed by a Burner when he or she registers in the LTB App;
      Intellectual Property Rights, IPR any and all copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, the right to sue for passing off, utility models, domain names and all similar rights and, in each case whether registered or not whether vested, contingent or future and wherever existing;
      Love The Burn or LTB means Love The Burn Limited, whose registered office is at 5 Wood View Mews, Romford, Essex, United Kingdom, RM1 4PN with company number 10332136;
      LTB App means our website (www.lovetheburn.com) application and any related native mobile applications, systems and processes to facilitate access to, and participation in, the LTB Scheme;
      LTB Branding means the LTB brand names, trademarks, logos and visual depictions of the same;
      LTB Data means data owned prior to or which is developed by LTB or which is provided to LTB by the Trainers or Burners during the Term, including the Burner Data but excluding the Trainer Data;
      LTB Fee the fee payable by the Trainer to LTB for each Accepted Deal, being the sum or rate set out in the then current LTB Scheme Rules or as set out in Condition 8.4;
      LTB Scheme means the combination of the LTB App, LTB Branding and all other systems, processes and contractual arrangements under which LTB delivers the personal training scheduling and arrangement platform between Trainers and Burners;
      LTB Scheme Rules means the LTB Scheme rules and procedures governing the commercial and operational the participation of Trainers in the LTB App (as amended from time to time), available on the LTB App and by email upon request;
      Policies means LTB’s policies and procedures (as amended from time to time), available on the LTB App;
      Privacy Notice means the LTB privacy notice available from the LTB App, as updated from time to time;
      Secure Log-in means the username and password set when the Trainer registers in the LTB App and as maintained during the Term;
      Term means the period from the Commencement Date to the Termination Date during which the Trainer has an active Trainer Profile in the LTB App;
      Termination Date the date upon which the Trainer account in the LTB App terminates for whatever reason;
      Trainer means the individual who has accepted these Conditions and agreed to perform the Training Services and participate in the LTB Scheme as a personal trainer;
      Trainer Data means any information or data relating to, and provided by, the Trainer;
      Trainer Profile means the Trainer’s details recorded in the LTB App including but not limited to name and contact details, locations worked and training specialisms as entered by the Trainer on Registration or as updated from time to time by the Trainer;
      Training Services means the personal training sessions provided by the Trainer to Burners in the form of in-person individual or group classes and any related advice or services; and
      Training Services Terms and Conditions means the training services terms and conditions which shall govern the provision of Training Services by the Trainer to the Burner(s), accessible here;
      Year means the period of 12 months running from the Commencement Date or anniversary of the commencement date.
    3. In this Agreement:
      1. any reference to any statute, statutory instrument, order, regulation or other similar instrument (including any EU order, regulation or instrument) will be construed as including references to any statutory modification, consideration or re-enactment of that provision (whether before, on or after the Commencement Date) for the time being in force, including all instruments, orders or regulations then in force and made under or deriving validity that legislation;
      2. reference to a gender includes the other gender and the neuter; and
      3. references to a person includes an individual, company, body corporate, corporation, unincorporated association, firm, partnership or other legal entity.
  2. Trainer Registration
    1. As part of the LTB App registration process, the Trainer will be prompted to create a Secure Log-in. The Trainer shall ensure that the Secure Log-in is personal to him or her and must not be shared with any other person. The Trainer shall be responsible for any activity in the LTB App undertaken through his or her Secure Log-in. LTB shall be entitled to suspend the Trainer Profile or the Trainer’s access to the LTB App if it reasonably believes that Secure Login has been transferred or shared in breach of this condition.
    2. The Trainer shall create a Trainer Profile in the LTB App by providing complete and accurate information as requested in the registration screens in the LTB App. The Trainer shall review and maintain the Trainer Profile to ensure that it is accurate and complete at all time throughout the Term.
    3. At the Commencement Date and throughout the Term, the Trainer shall at all times:
      1. be fully insured to perform the Training Services; and
      2. hold a satisfactory qualification or other accreditation confirming his or her ability to perform the Training Services.
    4. The Trainer shall be required to upload documents evidencing the matters set out in condition 2.3 together with proof of ID and address when registering in the LTB App and on each occasion if there are any changes or renewals of such information or documents throughout the Term. If LTB is not satisfied that this Condition 2.4 has been complied with at any time during the Term it may request further evidence from the Trainer, or suspend or terminate the Trainer Profile, in its sole discretion.
    5. LTB grants to the Trainer, who accepts, the rights set out in this Agreement during the Term:
      1. to access and use the LTB App and participate in the LTB Scheme; and
      2. to post Deals and perform Training Services for Burners, on the terms of this Agreement.
  3. Posting and Acceptance of Deals
    1. Once registered and for as long as the Trainer maintains an active Trainer Profile, the Trainer shall be able to publish Deals in the LTB App.  Published Deals will be instantly available in the LTB App for acceptance by Burners.
    2. By publishing Deals, Trainers are deemed to accept the latest version of the Training Services Terms and Conditions (current version found here) which shall govern the provision of Training Services as between the Trainer and Burners. LTB are not a party to the contract for the provision of Training Services.
    3. Deals shall specify the location at which the Training Services will be performed, or a location from which the Trainer is prepared to travel within a specified radius and a description of the types of Training Services which may be provided.
    4. A published Deal may be withdrawn by the Trainer at any time prior to acceptance by a Burner. LTB reserves the right to investigate and at its sole discretion to suspend or terminate the Trainer Profile if it suspects any abusive or unfair behaviour arising out of frequent or high volume cancellation of Deals.
    5. If a published Deal is accepted by a Burner (creating an Accepted Deal), a binding obligation on the Trainer to deliver the Training Services according to the terms of the Deal is formed.
    6. The Trainer will be notified of an Accepted Deal via the LTB App (and any other agreed communication preferences specified in the Trainer Profile). It shall be the Trainer’s responsibility to ensure that he or she is informed about Deal acceptance in sufficient time ahead of the Deal start time in order to be able to perform the Training Services in accordance with the Deal terms.
    7. The Trainer will be provided with access to the applicable Burner Data for each Accepted Deal. It shall be the Trainer’s responsibility to read the Burner Data in advance and take the details into account when performing the Training Services. The Trainer shall not make any notes or copies of the Burner Data or seek to transfer it or any copies or extracts out of the LTB App.
    8. If the Deal involves travel to the Burner’s specified training location, the location will be notified to the Trainer in the acceptance notification.
  4. Provision of Training Services
    1. Training Services shall be performed by the Trainer to the Burner subject to the Training Services Terms and Conditions and in accordance with the specification set out in the applicable Deal.
    2. The Trainer shall arrive at the Accepted Deal location in sufficient time for the Training Services to commence at the Accepted Deal start time. Time shall be of the essence in respect of the performance of the Training Services.
    3. The Trainer acknowledges that his or her poor performance of the Training Services may have an adverse impact on the reputation of LTB and accordingly Trainers shall provide the Training Services to Burners:
      1. with reasonable skill and care;
      2. in a courteous and professional manner; and
      3. in accordance with the terms of this Agreement, including but not limited to any LTB Scheme Rules.
    4. The Trainer shall be responsible for assessing that the Burner is safely able to perform and continue the training based on the Burner Data and the Trainer’s observations when performing the Training Services. If a Burner reports that he or she is experiencing pain or the Trainer receives feedback which leads them to believe the Burner could cause themselves injury, the Trainer must intervene immediately, give modifications and, if appropriate, suspend the performance of the Training Services.
    5. The Trainer shall take such steps and actions as the Trainer considers reasonably appropriate to protect himself or herself from harm, intimidation or harassment. If the Trainer is verbally or physically threatened or in any other way feels intimidated by a Burner, the Trainer shall promptly notify LTB of the same and, if appropriate, inform the police. For the avoidance of doubt, the Trainer is responsible for ensuring his or her own safety at all times during the provision of the Training Services.
    6. The Trainer will not have authority to commit LTB to any legally binding agreement, nor incur expenditure in the name or for the account of LTB, nor sign any document, bring any proceedings nor make any promise on behalf of LTB nor hold itself out as having authority to bind LTB.
    7. The Trainer will:
      1. comply with all reasonable standards of safety at all times;
      2. comply with any notified Policies; and
      3. at its cost, provide equipment it requires or which is reasonably determined by LTB as being necessary to provide the Training Services.
    8. Any electronic devices and software that are used in connection with the Training Services shall be:
      1. free of viruses either in hard disk, floppy disk, memory or other associated storage media;
      2. available to LTB on request for auditing purposes;
      3. appropriately licensed for the provision of the Services.
    9. Where LTB provides software or access to databases participation in the LTB Scheme (including but not limited to the LTB App) they shall be used only in connection with the LTB Scheme and the Training Services.  Property in the LTB App and LTB Data will at all times vest in LTB and upon termination of this Agreement the Trainer will immediately cease to use them.
    10. The Trainer acknowledges and accepts that he or she is solely responsible for his or her:
      1. compliance with Data Protection Law and Consumer Protection Law; and
      2. reliability, integrity, accuracy and quality of the data inputted by the Trainer into the LTB App or otherwise provided to LTB by or on behalf of the Trainer in accordance with the terms of this Agreement.
  5. Access to the LTB App
    1. During the Term LTB will afford the Trainer such access to the LTB App and such other systems, information, records and other materials as may be necessary to enable the Trainer to post Deals, provide the Training Services and participate in other ways supported by the LTB Scheme from time to time.
    2. The Trainer hereby acknowledges that LTB uses third party suppliers in the provision of the LTB Scheme and that the Trainer may be required to accept additional user terms and conditions from such third parties in order to access the full scope of the LTB Scheme functionality.
    3. The Trainer is responsible for acquiring such equipment, hardware and software as are required to access the LTB App according to the technical requirements available on the LTB website or available upon request. LTB shall not be liable for, and the Trainer shall not be entitled to any discount, refund, fees or expenses in respect of, any period where the Trainer is unable to access the LTB App by reason of his or her inability to satisfy or maintain the technical requirements necessary to access the LTB App.
    4. LTB may require that the Trainer’s Secure Log-in is withdrawn, reset or amended from time to time if it reasonably suspects any misuse or suspicious usage or if such actions are required to improve the security of the LTB App.
    5. The LTB App and the Trainer’s use of it are subject to the LTB’s Privacy Policy.
  6. Acceptable use restrictions
    1. The Trainer must not:
      1. use or participate in the LTB Scheme in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the systems;
      2. infringe LTB’s IPRs or those of any third party in relation to the Trainer’s use of or participation in the LTB Scheme (to the extent that such use is not licensed by this Agreement);
      3. not transmit any material that is defamatory, offensive or otherwise objectionable in the course of or in relation to its use of the LTB App; or
      4. use the LTB App in a way that could damage, disable, overburden, impair or compromise the systems or their security or interfere with other users.
  7. Outside interests and protection of business interests
    1. The Trainer warrants that he or she will not as a consequence of entering into and performing the Trainer’s obligations under this Agreement be in breach of any express or implied terms of any agreement or other arrangement with, or any obligation to, any third party which is binding upon the Trainer and that the Trainer is under no obligation, covenant or restriction which may give rise to any conflict of interest between the Trainer and LTB.
    2. Subject to Clauses 7.3 to 7.4, the Trainer may have any interest in or act as a personal trainer outside of the LTB Scheme provided that the Trainer will not during the Term, without the prior written consent of LTB (such consent not to be unreasonably withheld), undertake any other employment or engagement with any business which may interfere with or detract from the LTB Scheme or prejudice the interests of LTB in any other way. In the event of a conflict between the Trainer obligations to LTB under this Agreement and the Trainer’s obligations to any third party, the Trainer obligations to LTB will take precedence.
    3. The Trainer will not during the Term and for the period of 6 months after the Termination Date use or otherwise turn to the Trainer’s advantage the Trainer’s knowledge of or any connection with any of the Burners or suppliers to LTB which the Trainer acquired during the Term so as to take any direct or indirect advantage of the business and other connections of LTB.
    4. The Trainer will not without the prior written consent of LTB, (whether as principal, employee, agent, consultant or otherwise) at any time either during the Term or during the period of 6 months following the Termination Date directly or indirectly solicit or endeavour to solicit away from LTB or employ or engage or be directly involved in the employment or engagement of any person with whom the Trainer has had dealings or personal contact  in the course of the Term and who is at the Termination Date or was at any time during the period of 12 months prior to the Termination Date employed or engaged by LTB.
    5. The Trainer acknowledges that the provisions of this condition are fair and reasonable, necessary to protect the goodwill and interests of LTB and have been taken into account when agreeing other aspects of these terms, including but not limited to the fee arrangements.
  8. Fees and Invoicing
    1. The Trainer shall specify the Deal Price, in accordance with any requirements in any LTB Scheme Rules, as may be updated from time to time by LTB.
    2. The Deal Price shall be the entire amount that a Burner is required to pay the Trainer for the specified Training Services. Without limitation, the Deal Price shall be inclusive of any and all venue, travel or equipment costs, the LTB Fee and any VAT or other taxes.
    3. The Deal Price shall be taken from the Burner by LTB, on Deal acceptance. The Trainer shall not demand or take any payments from Burners in respect of Deals or Training Services arranged through the LTB App.
    4. In consideration for the Trainer’s participation in the LTB Scheme, the Trainer shall pay the LTB Fee to LTB in respect of each Accepted Deal. The LTB Fee shall be calculated by reference to the then applicable rates in any LTB Scheme Rules. In the absence of any such rates, the default LTB Fee shall be the greater of £5 or 25% of the Deal Price for each Accepted Deal.
    5. LTB shall be entitled to raise invoices on the Trainer’s behalf in respect of the LTB Fee (each an LTB Fee Invoice). Each LTB Fee Invoice shall specify the LTB Fees arising on all Accepted Deals accepted during the period covered by the applicable LTB Fee Invoice.
    6. LTB shall remit Burner payments of the Deal Price for Training Services to the Trainer twice monthly, in arrears, on the 1st and 15th of each month (or next business day if such dates fall on a weekend or public holiday), by bank transfer to the account specified by the Trainer in the LTB App. LTB shall be entitled to deduct payments due from the Trainer in respect of any outstanding LTB Fee Invoices and any other amounts owed by the Trainer to LTB when remitting Burner payments to the Trainer.
    7. If the Trainer is VAT-registered, it shall be the Trainer’s responsibility to notify LTB and supply LTB with the required information for LTB to be able to raise valid VAT invoices for the LTB Fees.
    8. If LTB reasonably determines that a Burner should be entitled to a refund of the Deal price in full or in part, it is agreed that LTB shall not be obligated to remit the corresponding amount of the Burner payment to the Trainer for such Training Services. If LTB has already remitted such amounts to the Trainer, the Trainer shall reimburse LTB within 3 business days of a demand to do so and LTB shall be entitled to deduct such amounts from any future remittances due to the Trainer.
    9. Remittance of Burner Payments by LTB will be without prejudice to any claims or rights which LTB or the Burner may have against the Trainer in respect of the Training Services or otherwise under this Agreement.
  9. Tax and national insurance
    1. The Trainer acknowledges that LTB will not be operating PAYE or making or deducting any national insurance contributions in respect of the provision of Training Services.
    2. The Trainer will be responsible for and will account to the appropriate authorities for all income tax liabilities and national insurance or similar contributions payable in respect of the payments made to the Trainer under this Agreement.
    3. If any claim, assessment or demand is made against LTB for payment of income tax or national insurance contributions or other similar contributions due in respect of the payments made to the Trainer under this Agreement, the Trainer will indemnify LTB against any liability, assessment or claim together with all reasonable costs and expenses and any penalty, fine or interest incurred or payable by LTB  in connection with or in consequence of any such liability, assessment or claim, where such recovery is not prohibited by law. LTB may at its option satisfy such indemnity in whole or in part by way of deduction from any payments or remittances to be made by LTB to the Trainer under this Agreement.
  10. No employment or benefits
    1. At all times during the Trainer’s participation in the LTB Scheme, the Trainer will be an independent contractor and as such will not be entitled to any pension, bonus, holiday, sickness or other fringe benefits from LTB. Nothing in the terms of this Agreement will render the Trainer an agent, officer or employee, worker or partner of LTB and the Trainer will not hold himself or herself out as such.
    2. The Trainer will be fully responsible for and will indemnify LTB for and in respect of any liability (including reasonable costs and expenses) for any employment-related claim or any claim based on worker status brought against LTB arising out of or in connection with the provision of the Training Services.
  11. Confidential information
    1. Except in the proper performance of the Trainer’s obligations under this Agreement, the Trainer will not disclose to any person and must use the Trainer’s best endeavours to prevent publication or disclosure of any Confidential Information which has come to the Trainer’s knowledge during or in connection with the LTB Scheme.
    2. The Trainer will not during the Term make (otherwise than for the benefit of LTB) any notes, memoranda, records, tape recordings, computer programs or any other form of record relating to any matter within the scope of the business of LTB and/ or concerning any of the dealings or affairs of LTB.
    3. The restrictions contained in this Clause 11 will not apply to any Confidential Information which:
      1. is or becomes public other than through a breach of this Agreement, or
      2. is for any use or disclosure authorised by LTB or required by law.
  12. Intellectual property
    1. Any and all Intellectual Property Rights in the LTB Scheme and all related goodwill, know-how and other proprietary rights are and shall remain the absolute exclusive property of LTB and/or its licensors (as the case may be).
    2. Subject to the terms of this Agreement LTB grants the Trainer a non-exclusive, non-transferable, non-sub-licensable, revocable licence during the Term to access and use the LTB App as necessary to enable the Trainer to post Deals, perform Training Services for Burners and otherwise participate in the LTB Scheme as permitted by the LTB Scheme Rules from time to time in force, but not otherwise; and
    3. LTB grants the Trainer a non-exclusive licence during the Term to use, copy, process and publish the LTB Branding as necessary in order to provide the Training Services, and to promote LTB, the Trainer acting through the LTB Scheme and the Training Services to Burners and potential Burners in accordance with the terms of this Agreement. Any depictions of the LTB Branding for marketing purposes must be approved by LTB in writing in advance.
    4. The Trainer grants LTB a non-exclusive, irrevocable, persistent licence to use, copy, process, publish and sublicense the data or content provided to it by or on behalf of the Trainer in connection with this Agreement and to incorporate any such data or content into the LTB App.
    5. Except as expressly set out in this Agreement, the Trainer shall not acquire any Intellectual Property Rights and/or any goodwill, knowhow or any other proprietary rights in any form whatsoever or howsoever in, and agrees not to violate, circumvent, reverse-engineer, decompile or otherwise tamper with, the LTB App or any other aspect of the LTB Scheme.
    6. The Trainer warrants that the Trainer will not in the course of providing the Training Services or participating in the LTB Scheme infringe the intellectual property rights of any other person.
    7. The Trainer will indemnify and keep indemnified and hold harmless LTB from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by LTB as a result of or in connection with any action, demand or claim that any of the Intellectual Property Rights provided by the Trainer to LTB under this Agreement infringe the intellectual property rights of any third party.
  13. Data protection, monitoring
    1. The Trainer will comply in all material respects with the requirements of the Data Protection Laws (including but not limited to the data protection principles and LTB’s obligation to notify processing of personal data) in relation to the management or protection of personal data relating to Burners or any other individuals which the Trainer processes in the provision of the Training Services under this Agreement (Personal Data) and, in particular, the Trainer will:
      1. use Personal Data only in so far as is necessary for the purpose of carrying out the Training Services and the Trainer’s other obligations under this Agreement;
      2. not disclose Personal Data unless specifically authorised by LTB to do so; and
      3. comply with any processes or directions for the handling and protection of Personal Data as set out in the LTB Scheme Rules.
    2. Without prejudice to the generality of Clause 13.1, the Trainer will implement and maintain appropriate technical and physical measures against unauthorised and unlawful processing of Personal Data and against accidental loss and destruction of or damage to Personal Data in its possession or control. In particular, and without limitation, the Trainer shall not print or copy Burner Data to any medium or access, transfer or store it other than through the Trainer LTB App
    3. LTB has the right to monitor, intercept and read any of the Trainer’s communications effected through the LTB App for the purposes of monitoring and record keeping to establish facts, to establish compliance with regulatory and self-regulatory procedures, or to prevent, detect or investigate any or suspected:
      1. unauthorised use of the TB App;
      2. non-compliance with LTB’s practices and procedures; or
      3. wrong-doing by the Trainer or others.
    4. The Trainer hereby consents to LTB processing personal data relating to the Trainer as necessary to enable the Trainer’s participation in the LTB Scheme and including but not limited to the transfer of such personal data to LTB’s third party suppliers. LTB shall comply with the Data Protection Laws in the processing of such data.
  14. Indemnity and limitation of liability
    1. The Trainer shall indemnify LTB against all proceedings, claims, demands, damages, losses, expenses and costs (including without limitation reasonable legal costs and expenses) and any liability suffered or incurred by LTB arising out of any breach of the terms of this Agreement or arising out of any tortious act (including negligence) or breach of any applicable law, regulation or professional obligation by the Trainer in the performance of the Training Services or otherwise.
    2. The Trainer may not recover from LTB, in contract or tort, under statute or otherwise, any amount with respect to loss of profit, loss of data or damage to goodwill, or any consequential, incidental, indirect or special loss in connection with claims arising out of this Agreement, whether or not the likelihood of such loss or damage was contemplated.
    3. LTB’s liability to the Trainer in respect of breach of contract or breach of duty or fault or negligence or otherwise whatsoever arising out of or in connection with this Agreement  shall be limited in total to the LTB Fees paid or payable in the calendar year in which the claim arises, to cover claims of any sort whatsoever (excluding interest and costs) arising out of or in connection with this Agreement.
    4. The limitations in this Clause 14 will not apply to any liability (including vicarious liability) for death or personal injury or arising as a result of fraud on LTB’s part nor to any liability which cannot lawfully be excluded or limited.
  15. Insurance
    1. The Trainer shall effect and maintain in force with a reputable insurance company the following insurance policies throughout the term of this Agreement:
      1. public and product liability Insurance in respect of loss or injury to persons or damage to tangible property with not less than £1,000,000 per claim;
      2. Personal training insurance covering the performance of the Training Services for Burners with a limit of not less than £500,000 per claim; and
      3. such other insurance as may be required by law (including employer’s liability).
    2. On LTB’s written request, the Trainer shall provide LTB with a certificate signed by the Trainer’s insurer confirming that the Trainer is insured in accordance with this clause and, should LTB so request, the Trainer shall note LTB as an interested party on such insurance policy.
  16. Statements
    1. The Trainer will not without the prior written consent of LTB at any time whether during the period of this Agreement or at any time after it ends make any public statement in relation to LTB  or its or their businesses, affairs, customers or clients or officers and employees and will not after the Termination Date represent the Trainer as still being engaged by or connected with LTB  except that this clause will not prevent the Trainer at any time acknowledging the fact that the Trainer is, or have been, working with LTB.
  17. Termination
    1. Either Party may terminate the Trainer account in the LTB App at any time. This Agreement shall continue after termination of the Trainer account until all outstanding performance and payment obligations have been fulfilled.
  18. Assignment/sub-contracting
    1. LTB may freely assign, delegate, sub-contract or otherwise transfer its rights and obligations under this Agreement to any affiliated or group company or to any company with which it may merge or to any company to which it may transfer its assets and undertakings, provided that it gives prior written notice to the Trainer.
    2. The Trainer may not assign or sub-contract any of its rights or obligations under this Agreement.
  19. Notices 
    1. Any notice, consent or confirmation to be given under this Agreement must be in writing and must be served by sending through the LTB App.
    2. Any such notice will be deemed to have been received at the time of delivery if during business hours on a business day, otherwise on the next business day.
  20. General
    1. This Agreement constitutes the entire and only legally binding agreement between the parties relating to the Trainer’s participation in the LTB Scheme and supersedes any previous understandings, arrangements, representations, negotiations or agreements between the parties.
    2. Each party irrevocably and unconditionally waives any right it may have to claim damages for, and/or to rescind this Agreement because of breach of any warranty not contained in this Agreement, or any misrepresentation whether or not contained in this Agreement, unless such misrepresentation was made fraudulently.
    3. The parties acknowledge that this Agreement has not been entered into wholly or partly in reliance on, nor has either party been given any warranty, statement, promise or representation by the other or on its behalf and other than as expressly set out in this Agreement.
    4. LTB may vary the terms of this Agreement (or any component of it) from time to time during the Term. LTB shall notify any such variation to the Trainer using the LTB App. The Trainer’s continued performance of the Training Services and/or participation in the LTB Scheme after any such notification shall constitute the Trainer’s deemed acceptance of the amended Agreement. No variation (by the Trainer) to or waiver (by either party) of a term of this Agreement will be effective unless made in writing signed by or on behalf of the parties and expressed to be such a variation.
    5. No failure or delay by the parties in exercising any remedy, right, power or privilege under or in relation to this Agreement will operate as a waiver of that or any other right, power, remedy or privilege of LTB or the Trainer.
    6. If any provision of this Agreement is declared to be illegal, invalid, void or unenforceable by any judicial or administrative authority in any jurisdiction in which this Agreement is effective, the legality, validity or enforceability of the remaining provisions will not in any way be affected or impaired by such a declaration. Any such illegal, invalid, void or unenforceable provision will be deemed to be severable and the parties will each use their reasonable endeavours in good faith to modify this Agreement so that the intent of this Agreement can be legally carried out.
  21. Applicable law and jurisdiction
    1. The validity, construction and performance of this Agreement and any claim, dispute or matter arising under or in connection with it or its enforceability will be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably submits to the jurisdiction of the courts of England over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability or the legal relationships established by this Agreement.