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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
In these terms and conditions, the following words shall have the
Means the online account
that the Personal Trainer has with WE11.
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.
Means the online booking
system operated by WE11 and accessed via www.WE11.com
Means the male and
female changing rooms and showers at the Site
Means the Personal
Means the gym equipment provided
by WE11 and situated in the WE11 Studio.
Means the WE11 Studio,
Equipment, Lockers, Changing Rooms, Treatment Rooms at the Site.
Means the amount payable
by the Personal Trainer per Session or Session Package notified to the
Personal Trainer by WE11.
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.
Is the wellness café
situated at the Site which is open to the general public.
Means the personal
trainers who have entered into agreements with WE11 to access the Site and
use the Facilities and Lounge.
Monday to Friday 06.00am
Sunday - Closed
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.
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.
means the fixed number
of Sessions (e.g. 1, 5,10, 20, 50) paid for in advance by the Personal Trainer.
Means the Personal
Trainer and/or WE11
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
29-31 Great Portland
Street, London, W1W 8QF
2 private treatment and
consultation rooms at the Site
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
Means the equipped gym
space at the Site
WE11 operates and manages fully
equipped gym spaces for use by personal trainers and their clients.
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.
Access to the Facilities and WE11’s
Subject to payment of the Fees, WE11
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:-
the Personal Trainer can use the
Marks only as directed or agreed in writing by WE11;
on termination of this Agreement
for any reason, the Personal Trainer shall immediately cease use of the Marks.
WE11 will :-
3.2.1. explain the fire and evacuation procedures relevant to
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
3.2.4. Provide a minimum of 30 days’ notice of any changes to
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.
Personal Trainer’s obligations
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;
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.
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.
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.
In order to access and use the
Facilities, a Session Package must be purchased through the Booking System.
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.
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.
5.4.1. 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
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.
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.
Cancellation of Sessions
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.
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
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.
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.
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.
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.
Health and safety
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.
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
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.
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.
Any Sessions not used will be
10. Limitation of Liability
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.
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
WE11’s total liability shall not exceed the
amount paid by the Personal Trainer under this Agreement in the preceding 12
Subject to clauses 9.3, it shall not be liable for
consequential, indirect or special losses.
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.
Notwithstanding any other provision of this
Agreement, the liability of the
parties shall not be limited in
any way in respect of the following:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
any other losses which cannot be excluded or limited by applicable law.
parties shall duly observe all their obligations under the Data Protection Act
2018 which are applicable to the services provided under this agreement.
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.
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.
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.
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.
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.
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.
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
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.
This clause does not apply to notices given in legal proceedings
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
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
Code of conduct
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.
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;
Trainers must report all accidents or incidents to WE11 staff on Site or by
email, such notification must be made regardless of culpability.
WE11 accepts no responsibility for any loss or
damage to personal property.
Food and Drink
No food or drink other than water can be consumed in the WE11
Studio or Changing Rooms;
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
WE11 reserves the right to disallow any odorous food
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.
Due to the ceiling height, no overhead lifting is allowed on
the basement floor in the WE11 Studio;
Unless previously agreed in writing by WE11:-
no outside equipment is to be used in the WE11 Studio;
no filming or photography can be carried out at the Site.
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
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.
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;
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