TERMS & CONDITIONS
We need to make you aware of a few important things when training with CLC Fitness. Please find below our Terms & Conditions. We advise that you print off a copy and keep it in a safe place for future reference. These Terms & Conditions are dated October 2017.
In these Terms & Conditions:
“you” shall mean the client and “your” and “yours” shall be construed accordingly;
“CLC Fitness” shall mean Carly Corrigall, trading as CLC Fitness; and
“session” shall mean a personal training session between you and CLC Fitness.
CLC Fitness reserves the right to alter the price of its sessions at any time, but this will not affect the price of any sessions which have already been purchased by you.
a. Payment in full for any session or sessions (as appropriate) will be made to CLC Fitness, at the beginning of or prior to the first session in a block of sessions or, where sessions are booked on a pay as you go basis, before the applicable session. Cheque (made payable to Carly Corrigall), cash or bank transfers are accepted.
b. All payments are non-refundable and non-transferable, subject to the absolute discretion of CLC Fitness.
c. Where you have purchased a block of 5 sessions in advance from CLC Fitness, all such sessions must be taken within 6 weeks of the date of purchase and in the absolute discretion of CLC Fitness may be deemed no longer valid after that date. In this instance, no refund will be given, save in the absolute discretion of CLC Fitness.
d. Where you have purchased a block of 10 sessions in advance from CLC Fitness, all such sessions must be taken within 12 weeks of the date of purchase and in the absolute discretion of CLC Fitness may be deemed no longer valid after that date. In this instance, no refund will be given, save in the absolute discretion of CLC Fitness.
4. Session dates and times
a. Dates and times for sessions will be organised between CLC Fitness and you at the start of a block of sessions or, where sessions are booked on a pay as you go basis, before the applicable session.
b. Sessions will begin at the agreed time and will not be extended to compensate for a late arrival by you unless agreed by CLC Fitness in its absolute discretion.
c. If the session start time is delayed due to late arrival by CLC Fitness, the lost time will be added to the session or one of your future sessions.
5. Cancellation policy
a. You must give at least 24 hours’ notice to CLC Fitness should you wish to cancel or reschedule a session. This cancellation must be made via email to email@example.com or by text or telephone call to 07951 900 541.
b. If a session is not attended by you, or less than 24 hours’ notice has been given, subject to the absolute discretion of CLC Fitness, this shall result in forfeiture of the payment made in advance for that session or if the session is a pay as you go session and payment was due to be made at the start of such session then payment for such session shall be immediately due in full.
c. In the unlikely event that CLC Fitness cancels a session then such session shall be rescheduled or payment for that session shall be refunded to you.
6. Informed Consent
a. You will sign the CLC Fitness Informed Consent prior to you first session.
b. In the event of a failure to do so, you will be deemed to have agreed to the terms set out in the Informed Consent.
b. You shall be deemed to consent to the use of any personal details and information provided by you to CLC Fitness for the following purposes:
i. to assess your level of health and fitness;
ii. to contact you to enquire whether you have any interest attending at, assisting with, or participating in personal training, group sessions or events.
c. You agree that you may be contacted by post, telephone, text, Facebook, e-mail or any other electronic equivalent.
This Clause 8 only applies to the extent permitted by law.
a. In respect of any claim, CLC Fitness will only be liable for direct loss.
b. CLC Fitness does not accept any liability whatsoever for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of or damage to property and/or loss from claims of third parties arising out of:
i. services (including personal training), goods or materials purchased from CLC Fitness;
ii. the use of the CLC Fitness website;
iii. information supplied by CLC Fitness; or
iv. any other damage howsoever caused.
c. To the fullest extent permitted by law, CLC Fitness does not accept liability for any errors or omissions and makes no (and expressly disclaims all) representations or warranties express or implied with respect to CLC Fitness’ services (including personal training), products, goods, materials, information or the CLC Fitness website.
d. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk.
e. You agree that you are voluntarily participating in these activities and assume all risks of personal injury.
f. For the avoidance of doubt, CLC Fitness does not exclude or limit any liability for:
i. personal injury (including sickness and death) where such injury results from CLC Fitness’ negligence; or
ii. fraudulent misrepresentation.
9. Miscellaneous and Governing Law
a. CLC Fitness may amend these terms and conditions from time to time, and place the new version on the CLC Fitness website. These are the terms and conditions dated October 2017.
b. All sessions, packages and purchases from CLC Fitness from the date that the amended terms are placed on the website onwards will be governed by those new terms.
c. These terms and conditions shall apply when you purchase any sessions from CLC Fitness, use the CLC Fitness website or use any other products or services supplied by CLC Fitness.
d. They shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) whether oral or in writing.
e. If any of these terms and conditions are held to be invalid or unenforceable, those terms will be struck out and the other terms remain.
f. These terms and conditions are governed by English law and subject to the courts of England and Wales.
In this Policy, “we” shall mean Carly Corrigall, trading as CLC Fitness and “us” and “our” shall be construed accordingly.
CLC Fitness take privacy seriously and are committed to protecting it. This policy explains when and why CLC Fitness collect personal information about individuals, how this information is used, the conditions under which it may be disclosed to others and how it is kept secure.
This policy may change from time to time so please check this page occasionally to ensure that you are happy with any changes.
This policy was last updated in May 2018.
1. WHO WE ARE
Data Controller: Carly Corrigall trading as CLC Fitness.
Postal address: 21 Abbots Close, Guildford GU2 7RW.
E-mail address: firstname.lastname@example.org
CLC Fitness are responsible for your personal data and decides why and how your personal information is processed.
2. HOW WE COLLECT YOUR PERSONAL INFORMATION
When you use our website, social media applications or CLC Fitness services, the categories of information that we may collect about you are as follows:
a. Personal Information
This means any information that can be used to identify you. The type and quantity of information we collect, and how it is used, depends on why you are providing it, but we will only ever collect the information we need, including data that can help us to improve our services. Personal Information that we collect may include the following:
• Identity Data which may include your first name, last name (including your maiden name), marital state, title, date of birth and gender.
• Contact Data which may include your home address, email address, telephone number(s) and that of any emergency contacts supplied to us.
• Financial Data which may include your bank account and payment card details.
• Technical Data which may include your login data, internet protocol addresses, browser type and version, browser plug-in types and versions, time zone setting and location, operating system and platform and other technology on the devices you use to access our website.
• Transaction Data which may include details of courses, classes or packages purchased from us by you (including any trial classes or sessions or those which are provided by us to you for free).
• Profile Data which may include details of any exercise programmes created by us for you; your responses to questionnaires we ask you to complete, including but not limited to: PAR-Q forms, lifestyle questionnaires, vital statistics tracker forms, food diaries and declarations of informed consent to exercise; and your interests, preferences, feedback and survey responses.
• Usage Data which may include information about how you use our website, products and services.
• Marketing and Communications Data which may include your preferences in receiving marketing communications from us and your communication preferences.
b. Non-personal Information
This means data that does not reveal your identity, such as website pages accessed and files downloaded. This helps to monitor how many people use our website, how many people visit on a regular basis and how popular different pages are. This information does not tell us anything about you, it simply allows us to monitor and improve our services.
Both Personal and Non-Personal Information are information about you that you give to us by entering information via:
• our website;
• mobile applications;
• social media platforms;
• corresponding with us by telephone, email, in person or otherwise.
3. HOW WE USE YOUR PERSONAL INFORMATION
The purposes for which we use your information and the legal basis under data protection laws on which we rely to do this are explained below. Depending on your relationship with us, and the preferences you have indicated, information you give to us may be used to:
• Fulfil your requests or provide you with the services, classes or information you asked for – such as entry to classes, workshops and courses, sending you newsletters, blog posts and updates on our services.
• Keep a record of your relationship with us.
• Ensure we know how you prefer to be contacted
• Carry out research and analytics on the demographics, interests and behaviour of participants, clients and supporters to help us improve our services
• Communicate with you. Tools may be used to monitor the effectiveness of our communications with you, including email tracking, which records when an e-newsletter from us is opened and/or how many links are clicked within the message. The data from this tracking is used in an aggregated and anonymised form.
• With your consent, we will contact you to keep you up to date with our news, classes and events. Occasionally we may include information about partner organisations who are collaborating with us on joint projects. Where applicable, our forms and website have clear marketing preference questions and we include information on how to opt out when we send you any marketing material. If you don’t want to hear from us, please let us know when you provide your data, by unsubscribing from our newsletters at any time or by contacting us by e-mail using the contact details in paragraph 1 of this policy.
4. OTHERS WHO MAY RECEIVE OR HAVE ACCESS TO YOUR PERSONAL INFORMATION
We take looking after your information very seriously and we ensure that there are appropriate technical controls in place to protect your personal details. Unfortunately, information transmitted over the internet is never 100% secure, so while we do our best to try to protect the security of your information, we cannot guarantee that loss, misuse or alteration of data will not occur whilst data is being transferred.
The information we collect about you will mainly be used by its staff so that we can support you and provide you with the services you have requested. We will never sell or share your personal information with organisations so that they can contact you for any marketing activities.
We will sometimes share your information with its trusted suppliers and partners who work with us, deliver our services or who process personal data on our behalf. For example:
• Outsourced team members, for example cover instructors for our classes.
• Service providers who provide IT and system administration services.
• Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services. We may also need to disclose your details if required to the police.
• Our insurers and underwriters, together with their professional advisers where required in accordance with any claim.
• HM Revenue & Customs, regulators and other authorities based in the United Kingdom and other relevant jurisdictions who require reporting of processing activities in certain circumstances.
• Third parties to whom we may sell, transfer or merge parts of its business or assets.
• Applications and tools that we use to run our business, for example Googlemail and SurveyMonkey. Some of these suppliers run their operations outside the European Economic Area (EEA). Although they may not be subject to the same data protection laws as companies based in the UK, we will take steps to make sure all of our suppliers provide an adequate level of protection in accordance with UK data protection law. By submitting your personal information to us, you agree to this transfer, storing or processing at a location outside the EEA.
5. HOW LONG WILL WE KEEP YOUR DATA?
We will only keep your data for as long as we need to in order to operate the services which you have requested and for as long as required in accordance with legal requirements, the requirements of our insurers and in accordance with tax and accounting rules. When your data is no longer needed, we will dispose of it in a secure manner.
We may need your personal information to establish, bring or defend legal claims. For this purpose, we will always retain your personal information for 7 years after the date it is no longer needed by us. The only exceptions to this are where:
• the law requires us to hold your personal information for a longer period, or delete it sooner;
• you exercise your right to have the information erased (where it applies) and we do not need to hold it in connection with any of the reasons permitted or required under the law; or
• in limited cases, the law permits us to keep your personal information indefinitely provided we put certain protections in place.
6. YOUR RIGHTS
You have various rights under the data protection act and the EU General Data Protection Regulations in respect of the personal information we hold about you. These include the right to:
• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Withdraw consent.
You can see more about these rights on the ICO website.
If you wish to exercise any of the rights set out above, please email us using the details set out in paragraph 1 of this policy.
You will need to tell us what information you would like to see and prove your identity with two pieces of approved identification. We will aim to respond to your request as soon as possible and always within one month of receipt.
Please note that some of these rights only apply in certain circumstances and we may not be able to fulfil every request. If for any reason we are unable to fulfil your request, it will inform you as soon as possible and always within one month of receipt of the request.
7. UPDATING YOUR DATA
The accuracy of your information is important to us. If you change your name or address/email address, or you discover that any of the other information we hold is inaccurate or out of date, please let us know by contacting us using the contact details in paragraph 1 of this policy.
8. THIRD PARTY LINKS
Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control third-party websites and it is not responsible for their privacy statements. When you leave this website, we encourage you to read the privacy notice of every website you visit.
9. REPORTING A DATA BREACH
If we become aware that there has been a security breach which will cause adverse effects to the individual whose data has been breached, we will report this to the relevant supervisory authority within 72 hours of becoming aware of the breach. We will also notify the individual as soon as possible.
10. CHANGES TO THIS POLICY
We may review this policy from time to time and any changes will be notified to you by posting an updated version on its website and/or by contacting you by email. Any changes will take effect 7 days after the date of such email or the date on which we post the modified terms on its website, whichever is the earlier. We recommend you regularly check for changes and review this policy whenever you visit its website. If you do not agree with any aspect of the updated policy you must immediately notify us and cease using our services.