THE BURNER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 7 (LIMITATION OF LIABILITY).
1. APPLICATION OF THESE TERMS
1.2 These Training Services Terms shall apply between the personal trainer (the Trainer) and the individual or group purchaser (the Burner) of personal training services (the Training Services) via the Love The Burn website or native device application (the LTB App).
2. BASIS OF CONTRACT
2.2 A contract for the Training Services based on these Training Services Terms and Conditions shall be formed when the Burner purchases the Trainer’s offering for the Training Services (a Deal) using the LTB App, at which point and on which date the Contract formed by these terms shall come into existence (Commencement Date).
2.3 These Conditions apply to the Contract to the exclusion of any other terms that the Burner seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. SUPPLY OF SERVICES
3.1 The Trainer shall supply the Training Services to the Burner pursuant to these Training Services Terms and Conditions and in accordance with the specification set out in the applicable Deal in all material respects, including in respect of the time and location of performance and the scope and standard.
3.2 The Trainer reserves the right to amend the Services if he or she considers it reasonably necessary including in relation to health and safety considerations.
3.3 The Trainer warrants to the Burner that the Services will be provided using reasonable care and skill.
4. BURNER’S OBLIGATIONS
4.1 The Burner shall:
(a) co-operate with the Trainer in all matters relating to the Services;
(b) provide the Trainer with access to the Burner’s property or other training location (if it is agreed that the Burner will source the training location of the Services in the Deal);
(c) promptly inform the Trainer about any physical or health issues which may affect the Burner’s ability to safely receive the Training Services, whether arising prior to or during the performance of the Training Services;
(d) prepare the location of the Training Services (if it has been agreed in the Deal that these will be sourced by the Burner) and ensure the all rights of access have been granted to the Burner and Trainer;
(e) attend the location of the Training Services at the agreed time as specified in the Deal; and
(f) wear suitable clothing and bring any equipment as agreed in the Deal.
4.2 The Trainer shall not be liable if and to the extent that the performance of the Training Services is prevented, delayed or limited by any act or omission by the Burner or failure by the Burner to perform any relevant obligation (Burner Default). Without limiting or affecting any other right or remedy available to it, the Trainer shall have the right to suspend performance of the Training Services until the Burner remedies the Burner Default.
5. CHARGES AND PAYMENT
5.1 The charges for the Training Services shall be specified in the applicable Deal on the LTB App (the Deal Price):
5.2 Payment of the Deal Price shall be taken by Love The Burn on behalf the Trainer, at the point at which the Burner purchases the Training Services.
5.3 The Deal Price payable by the Burner under the Contract is inclusive of value added tax and all expenses.
6. DATA PROTECTION AND DATA PROCESSING
6.1 The Trainer shall process the personal data of the Burner (Personal Data) only as is required in order to plan for and provide the Training Services and shall not process the Personal Data for any purposes other than those expressly authorised by the Burner.
6.2 The Trainer warrants that he or she will take appropriate technical and physical measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and the nature of the data to be protected
6.3 The Trainer may transfer Personal Data to Love The Burn.
7. LIMITATION OF LIABILITY: THE BURNER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
7.1 Nothing in the Contract shall limit or exclude the Trainer’s liability for:
(a) death or personal injury caused by his or her negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by applicable law.
7.2 Subject to clause 7.1 the Trainer shall not be liable to the Burner, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for any indirect or consequential loss.
7.3 Subject to clause 7.1 the Trainer’s total liability to the Burner, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to the Deal Price for the Training Services in question.
8.1 The Burner shall be entitled to cancel the Contract up to the sooner of: (i) 14 days of notification of purchase of the Deal; or (ii) the start time of the Training Services according to the applicable Deal.
9.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
9.2 Assignment and other dealings. Neither party shall not assign, transfer, subcontract or deal in any other manner with any of its rights and obligations under the Contract.
9.3 Confidentiality. Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as required by law or necessary to perform obligations under the Contract. Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.
9.4 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
9.5 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
9.6 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.