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Terms & Conditions

TERMS & CONDITIONS

 

These terms and conditions govern the basis upon which non-exclusive access to the Site (as defined below) and use of the Facilities (as defined below) is given to you, the personal trainer and your clients. The terms and conditions apply to purchases of all training sessions and their use and form the basis of the legal agreement between you and us, WE11 GPS Limited, so please make sure you read them carefully and understand them.

 

 

1.     Definitions

1.1.   In these terms and conditions, the following words shall have the following meanings:-

 

 

Account

Means the online account that the Personal Trainer has with WE11.

Agreement

Means the contract between WE11 and the Personal Trainer, for the access to the Site and Facilities, which is formed each time a Session Package is purchased and governed by these terms and conditions.

Booking System

Means the online booking system operated by WE11 and accessed via www.WE11.com

Changing Rooms

Means the male and female changing rooms and showers at the Site

Client

Means the Personal Trainer’s client.

Equipment

Means the gym equipment provided by WE11 and situated in the WE11 Studio.

Facilities

Means the WE11 Studio, Equipment, Lockers, Changing Rooms, Treatment Rooms at the Site.

Fees

Means the amount payable by the Personal Trainer per Session or Session Package notified to the Personal Trainer by WE11.

Lockers

Means the lockers situated at the Site for use by the Members and their Clients whilst they are using the Facilities and at the Site.

Lounge

Is the wellness café situated at the Site which is open to the general public.

Members

Means the personal trainers who have entered into agreements with WE11 to access the Site and use the Facilities and Lounge.

Opening Times

Monday to Friday 06.00am to 21.00

Saturday  08.00am-18.00

Sunday - Closed

Personal Trainer

Means the personal trainer who has registered with WE11 to provide fitness and training services at the Site, being the individual to whom the terms and conditions set out in this agreement apply.

Session

Means the pre-booked period in which the Client and the Personal Trainer are granted access to the WE11 Studio, comprising of a fixed period of no more than 1 hour.

Session Package

means the fixed number of Sessions (e.g. 1, 5,10, 20, 50) paid for in advance by the Personal Trainer.

Party

Means the Personal Trainer and/or WE11

Rules

Means the rules, regulations and code of conducts relating to the use of the Facilities and Lounge, as available on the Personal Trainer’s login page on their Account, the latest copy of which is attached in Schedule 1

Site

29-31 Great Portland Street, London, W1W 8QF

Treatment Rooms

2 private treatment and consultation rooms at the Site

WE11

WE11 GPS Limited a company incorporated in England and Wales under company number 11377722, and whose registered office is at 62 Wilson St, London, EC2A 2B

WE11 Studio

Means the equipped gym space at the Site

 

2.     Background

2.1.   WE11 operates and manages fully equipped gym spaces for use by personal trainers and their clients.

2.2.   WE11 agrees to grant the Personal Trainer permission to provide fitness and training services as a personal trainer at the Site and to grant the Personal Trainer and their Client access to the Facilities and Lounge on the terms and conditions set out in this document.

 

3.     Access to the Facilities and WE11’s obligations

3.1.   Subject to payment of the Fees, WE11 agrees to:-

3.1.1. provide the Personal Trainer a non-exclusive licence to access the Site and the Lounge during Opening Times

3.1.2. provide the Personal Trainer and their Clients a non-exclusive licence to access the Site and use the Facilities for the Session and a reasonable period before and after such Session;

3.1.3. provide, for the period of this Agreement a non-exclusive and revocable licence to the Personal Trainer to use the trade marks, logos or brand marks of WE11 (Marks), subject to the following terms:-

3.1.3.1.     the Personal Trainer can use the Marks only as directed or agreed in writing by WE11;

3.1.3.2.     on termination of this Agreement for any reason, the Personal Trainer shall immediately cease use of the Marks.

3.2.   WE11 will :-

3.2.1. explain the fire and evacuation procedures relevant to the Site;

3.2.2.  be responsible for the general day to day cleaning of the WE11 Studio, Treatment and Changing Rooms (however Members are expected to clean up any mess they cause or are responsible for and leave the Facilities in the same state as they found them);

3.2.3.  ensure that the Equipment is regularly checked and maintained.

3.2.4. Provide a minimum of 30 days’ notice of any changes to the Fees.

3.3.   There may be circumstances where WE11 have to close or limit access to some or all of the Facilities. If that occurs WE11 will endeavour to give the Personal Trainer advance notice (unless the reason is due to an emergency or urgent matter outside of WE11’s control) of any such restrictions or changes to the Opening Hours.

 

4.     Personal Trainer’s obligations

4.1.   The Personal Trainer warrants that they have achieved a minimum of Level 3 in Fitness Instructing and Personal Training certification or equivalent and agrees to keep such certification up to date and provide evidence of such qualification to WE11 on request;

4.2.   The Personal Trainer shall be entirely responsible for:

4.2.1. ensuring they use the Booking System to check in and out of a Session;

4.2.2. ensuring the Personal Trainer and their Client comply with the Rules and any other lawful directions of WE11 and its staff.

4.2.3. the direct or indirect actions of the Personal Trainer and their Client while at the Site;

4.2.4. ensuring that prior to use either by the Member or their Client, the Equipment is in safe working order and if any issues or faults are apparent the Personal Trainer must immediately notify WE11 by informing staff at the Site.

4.3.   The Personal Trainer cannot use the WE11 Studio for their own training, access is only granted for them and their Client. For the avoidance of doubt, the personal training can only be given by the holder of the Account, a Personal Trainer cannot nominate a third party to carry out the training.

4.4.   Unless previously agreed with WE11.

4.4.1. No promotional material can be used or displayed at the Site or any of the Facilities;

4.4.2. The Personal Trainer will not whilst on Site promote or sell any products to Members or their clients.

 

5.     Sessions/Session Packages

5.1.   In order to access and use the Facilities, a Session Package must be purchased through the Booking System.

5.2.   A Session Package:-

5.2.1.  consists of a fixed number of Sessions. A Personal Trainer can buy as many Session Packages as they wish.

5.2.2. expires after 30 days from the date the first Session of that package is delivered.

5.3.   The price per Session decreases depending on the number of Sessions bought as part of a Session Package. Details of the prices will be notified to the Personal Trainer in advance by WE11 when the Personal Trainer accesses their Account on the Booking System.

5.4.   A Session:-

5.4.1.  is booked via the Booking System in advance and are available on a first come first served basis;

5.4.2. is a fixed period of no more than one hour, starting at a set time as determined by the Booking System e.g. 9am to 10am. For the avoidance of doubt concurrent (maximum of 2 clients) and/or consecutive Sessions can be booked.

5.4.3. can only be used by the Personal Trainer who is the holder of the Account that has booked the Session;

5.4.4. can only be used by a Client accompanied by their Personal Trainer.

5.5.   Unless notified otherwise, the maximum number of training Sessions allowed in the WE11 Studio at any one time is 25 i.e. equivalent to 50 people on basis that 25 Sessions comprise of Personal Trainer and their Clients.

5.6.   For the avoidance of doubt if a Personal Trainer or their client arrive late, they will still be required to leave the WE11 Studio at the time in which the booked Session is due to end.

 

6.     Cancellation of Sessions

6.1.   If a Personal Trainer or their Client cannot attend a pre-booked Session then the Personal Trainer must, as soon as is practicable, cancel the Session on the Booking System.

6.2.   If the Session is cancelled:-

6.2.1.  24 hours or more in advance, then the Session will be credited back to the Personal Trainer’s Account i.e. no charges will be incurred.

6.2.2. Less than 24 hours in advance, then the Personal Trainer will still be charged for the Session i.e. it will be deducted from their Session Package.

6.3.   If a Personal Trainer, cancels more than 3 Sessions in 14 day period, albeit by giving more than 24 hours’ notice in advance, then, unless otherwise agreed in writing, WE11 reserves the right to impose restrictions on that Personal Trainer.

 

7.     Insurance

7.1.   The Personal Trainer must have a suitable insurance policy in place to cover any loss, liability or costs (including reasonable legal costs) incurred by WE11 or the Client, in connection with the personal training services being provided by the Personal Trainer at the Site.

7.2.   The Personal Trainer must provide evidence of such policy to WE11 at the time of entering into this agreement or at any other time on request.

 

8.     Health and safety

8.1.   WE11 and the Personal Trainer shall (and shall ensure that their Client) observe, perform and comply with all applicable statutes, rules, regulations and orders relating to its activities on the Site including without limitation the Health and Safety at Work Act 1974 and all associated regulations and approved codes of practice.

8.2.   The Personal Trainer must report to WE11 staff, as soon as is practicable or safe to do so, any accidents or incidents, or damage to Equipment or Facilities arising during or noticed in a Session.

 

9.     Termination

9.1.   The terms set out in this Agreement apply for the duration of each Session Package. Eg. until the Personal Trainer and their Client have left the Site at the end of the last Session in a pre-paid Session Package. For the avoidance of doubt, as soon as a new Session Package is purchased, the terms apply.

9.2.   WE11 may terminate the Agreement immediately at any time without notice if the Personal Trainer is in breach of any of its obligations or terms under this Agreement, including compliance by them and their Client of the Rules.

9.3.   Any Sessions not used will be forfeited.

 

10.  Limitation of Liability

10.1.    WE11 shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this Agreement that are caused by any event that is outside its reasonable control.

10.2.    The extent of WE11’s liability under or in connection with this Agreement (regardless of whether such liability arises in tort, contract, under indemnity or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in clause 9.3 follows:-

10.2.1.      WE11’s total liability shall not exceed the amount paid by the Personal Trainer under this Agreement in the preceding 12 months;

10.2.2.      Subject to clauses 9.3, it shall not be liable for consequential, indirect or special losses.

10.2.3.      Subject to clause 9.3 it shall not be liable for any of the following (whether direct or indirect) loss of profit; loss of anticipated profit; loss of revenue; loss of business; loss of opportunity; harm to reputation or loss of goodwill.

10.3.    Notwithstanding any other provision of this Agreement, the liability of the parties shall not be limited in any way in respect of the following:

10.3.1.      death or personal injury caused by negligence;

10.3.2.      fraud or fraudulent misrepresentation;

10.3.3.      any other losses which cannot be excluded or limited by applicable law.

 

11.  General

11.1.    Data Protection

Both parties shall duly observe all their obligations under the Data Protection Act 2018 which are applicable to the services provided under this agreement.

 

 

11.2.    Force majeure

Neither WE11 or the Personal Trainer shall have any liability under or be deemed to be in breach of these terms and conditions for any delays or failures in performance of their obligations which result from circumstances beyond the reasonable control of that Party. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than 1 month, either Party may terminate this Agreement by written notice to the other Party.

11.3.    Assignment

11.3.1.      The Personal Trainer cannot assign, delegate, sub-contract, or otherwise transfer any or all of its rights and obligations under this Agreement without the prior written agreement of WE11.

11.3.2.      WE11 may, however, assign and transfer all its rights and obligations under this Agreement to any person to which it transfers all of its business, provided that the assignee undertakes in writing to the other Party to be bound by the obligations of the assignor under this Agreement.

11.4.    Waiver

No failure or delay by WE11 in exercising any right, power or privilege under this Agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.

11.5.    Agency, partnership etc

This Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in this Agreement. Neither Party shall have, nor represent that it has, any authority to make any commitments on the other Party's behalf.

11.6.    Severance

If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

12.  Notices

12.1.    Any notice to be given under or in connection with this Agreement shall be in writing and shall be delivered by hand, sent by first class mail, or e-mail (confirmed by first class mail or delivered by hand), to the address of the Personal Trainer as stipulated in their Account or to the registered office in the case of WE11 or to the relevant email address as that Party may from time to time notify to the other Party.

12.2.    Notices sent as above shall be deemed to have been received 2 working days after the day of posting (in the case of inland first class mail), or next working day after sending (in the case of e-mail) or on delivery if delivered by hand.

12.3.    This clause does not apply to notices given in legal proceedings or arbitration.

 

13.  Law and jurisdiction

The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.

14.  Third parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Agreement this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

 

Schedule 1

RULES

Code of conduct

 

1.     Personal Trainers and their clients are required to demonstrate courtesy & consideration to other users and in particular must not behave in an aggressive, abusive, anti-social or threatening manner to any person. WE11 reserves the right to remove or exclude any Personal Trainer and/or their Client if they are deemed by members of staff to be acting in such way or are being inappropriate, dangerous or offensive.

2.     Personal Trainers and their Clients must treat WE11 equipment and the Facilities they use with respect. As a courtesy to other Members, please leave the WE11 Studio (and any other Facilities used) clean, tidy and safe after use; e.g. Put equipment back in its original place when finished; wipe down mats after use;

3.     Personal Trainers must report all accidents or incidents to WE11 staff on Site or by email, such notification must be made regardless of culpability.

4.     WE11 accepts no responsibility for any loss or damage to personal property.

5.     Food and Drink

a.     No food or drink other than water can be consumed in the WE11 Studio or Changing Rooms;

b.     Only food and drink purchased at the Lounge can be consumed at the Site with the exception that Members may bring and consume their own pre-prepared meals and drinks in the Lounge provided that there is no commercial branding visible.

c.     WE11 reserves the right to disallow any odorous food

6.     Clothing: Suitable attire and footwear must be worn by Personal Trainers and their Clients whilst using the WE11 Studio and whilst at the Site. If WE11 considers that inappropriate attire is being worn, they will notify the Personal Trainer and it may result in the Personal Trainer and/or their Client having to leave the Site and the applicable Session being forfeited.

7.     Due to the ceiling height, no overhead lifting is allowed  on the basement floor in the WE11 Studio;

8.     Unless previously agreed in writing by WE11:-

a.     no outside equipment is to be used in the WE11 Studio;

b.     no filming or photography can be carried out at the Site.

9.     Unless agreed otherwise in writing, Lockers can only be used for the duration of a Session and/or whilst the Personal Trainer or their Client (as applicable) is at the Site;

10.  No items can be left in the Locker outside of the Opening Hours and therefore anything left in Lockers will be removed by WE11. WE11 will retain any such articles/items removed for a period of 7 days after which time if not claimed the items will be donated to charity or destroyed.

11.  Any items/property stored in the Lockers at any time is done so entirely at the Personal Trainer or their Client’s risk and WE11 is not responsible for any loss or damage to such property whilst at the Site;