Client-Trainer Agreement
1. Terms of Agreement
1.1 The Client-Trainer Agreement constitutes a legally binding agreement made between Matthew Dwornik (hereby referred to as the ‘Trainer’) and any users of the Trainer’s services (hereby referred to as the ‘Client’).
2. The trainer’s commitment to the client
2.1. Confidentiality
2.1.1. All information given by the client to the trainer will be kept in confidence. The client’s personal details and medical information will not be made available to third parties unless permission to do so is granted by the client.
2.2. Qualifications and insurance
2.2.1. The trainer will keep their insurance and qualifications up to date.
2.3. Communication
2.3.1. The trainer will provide the client with an email address and/or phone number for the client to contact the trainer on prior to any bookings. The trainer will update the client on any changes to these details whenever any changes are made.
2.4. Consultations and induction into the program
2.4.1. The trainer may provide the client with an opportunity for a consultation and pre-program fitness testing before participating in the program. This includes any paperwork associated, including but not limited to a Physical Activity Readiness Questionnaire (PAR-Q) and Consultation Form.
2.5. Programming
2.5.1. The trainer will use their skills and knowledge to design a safe programme of exercise that will take into account the personal needs, personal goals, fitness levels and exercise preferences of the client.
2.5.2. The trainer will teach and guide the client regarding proper exercise techniques and nutritional practices to the best of the trainer’s ability. Further, the trainer will provide the coaching, supervision, lifestyle advice and support that the client may need to help them achieve their goals.
2.5.3. The client’s progress will be regularly monitored and the programme will be revised and adjusted accordingly by the trainer. Methods may include periodic fitness testing, simple observations in sessions and through conversation with the client.
2.6. Cancellation and lateness of the trainer
2.6.1. Unforeseen circumstances may arise which require the sessions agreed between the client and the trainer to be rescheduled. In this event the following policy will apply:
2.6.2. If the trainer is forced to cancel the session within 24 hours the trainer will make up the session at no charge to the client.
2.6.3. If the trainer is forced to cancel the session giving the client 24 hours’ or more notice the trainer will reschedule as soon as possible.
2.6.4. If the trainer runs late prior to starting the session the trainer will extend the session time accordingly or make it up at a future date, whichever is most convenient to the client.
2.6.5. In the event that the trainer may need to reschedule or is running late for a session, they must contact the client as soon as possible via email, text message or phone call.
2.7. Session termination
2.7.1. The trainer can terminate the entire workout at any time if the trainer believes that the client is not in suitable condition for exercise. Reasons for termination include:
2.7.2. If the trainer believes the client to be under the influence of recreational drugs, alcohol and any other substance which may negatively affect the health and safety of the client.
2.7.3. If the client has not achieved sufficient sleep to be deemed safe to or able to benefit from the planned session.
2.7.4. If the trainer believes the client is unsafe to continue with or unable to benefit from the planned session for any other reason.
2.7.5. In the event that the trainer decides to terminate the session for any reason due to the actions or negligence of the client, the client will not be entitled to any refunds or reimbursement for the terminated session.
2.7.6. In the event that the trainer is unable to continue the session for a reason not due to the fault of the client, the client will not be charged for the session.
2.8. Equipment and venue
2.8.1. The trainer will try their best to provide all necessary equipment and will organise appropriate venues for all training sessions. In the case that equipment is not available for the client to use, an appropriate alternative exercise or training method will be used.
2.9. Referral
2.9.1. The trainer will work with the client within the scope of the trainer’s knowledge and competencies as a registered exercise professional. Therefore, when the trainer believes it is in the client’s best interests to see another health professional, the trainer will refer the client appropriately.
3. The client’s responsibilities
3.1. Disclosure of Information.
3.1.1. The client will disclose all health information as requested from the moment they begin working with the trainer and will keep the trainer updated and informed of any changes to the client’s health status. This includes all medical conditions (physical and mental), injuries, allergies and medication the client is taking.
3.2. Communication and commitment
3.2.1. Results will differ for clients based upon various factors including without limitation body type, nutrition and lifestyle choices made outside of the training sessions. Therefore, no guarantees of results can be given.
3.2.2. While the trainer can give the client the tools and encouragement to reach the client’s goals, it is the client’s responsibility to make the required changes. The trainer can best help the client with this process if the client keeps the trainer fully informed of any issues that arise for the client. If the client has any questions or concerns whatsoever it is the client’s responsibility to contact the trainer.
3.2.3. The client must disclose all medical and exercise limiting conditions to the trainer. This must be done prior to the beginning of the programme and sessions and immediately if anything should arise throughout the duration of the program and session.
3.2.4. In the event that the client may need to reschedule or is running late for a session, they must contact the trainer as soon as possible via email, text message or phone call. Notifying the trainer of any lateness or cancellations via email, text message or phone call does not void any of the statements under this agreement
3.2.5. If the client has any specific requests, they should inform the trainer as soon as they are able to allow the trainer suitable time to make any necessary changes.
3.3. Medical
3.3.1. Whilst for most people exercise is hugely positive with many health benefits, there remains some risk that the client is should be aware of. The client will be required to complete and sign the and this prior to participating in any physical activity directed by the trainer.
3.3.2. The client understands that exercise involves certain risks, including but not limited to serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death. Additionally, injuries could occur to bones, joints or muscles. Slips, falls and unintended loss of balance could result in muscular, neurological, orthopaedic or other bodily injury.
3.3.3. The client understands that the trainer is not a doctor, physiotherapist or dietician and that the advice offered is optional and not a replacement for professional advice from experts within their specialist fields.
3.3.4. The client may need to seek clearance from their doctor prior to participating in any physical activity directed by the trainer. In this case the client will cover the full cost and not hold the trainer liable to any medical fees and will obtain and pass on to the trainer any proof of medical clearance prior to participating in any physical activity directed by the trainer.
3.4. Lateness and cancellation by the client
3.4.1. Unforeseen circumstances may arise which require the sessions agreed between the client and the trainer to be rescheduled. In this event the following policy will apply:
3.4.2. If the client cancels their session with less than 24 hours’ notice or fails to show the client will be still required to pay the full cost of the session. Likewise if the session is part of a package or block of sessions, 1 session will be docked accordingly.
3.4.3. If the client cancels their session with more than 24 hours’ notice the client will not be required to pay for the session, nor will any sessions be docked from client’s package or block of sessions.
3.4.4. If the client is late to a session the trainer will do their best to get the most out of the remaining time, however the session will still end at the previously agreed time.
3.4.5. If the client does not arrive to a session within 10 minutes of the agreed start time and had not contacted the trainer to inform them of their lateness, it will be assumed the client will not be attending the session. In this case, the client forfeits the session and will still be required to pay the full cost of the session. Likewise if the session is part of a package or block of sessions, 1 session will be docked accordingly.
3.5. Payments
3.5.1. Any payments must be made in advance of the respective session(s). Failure to make payment may result in a delayed start or cancellation of the personal training programme. This does not include recurring payments or direct debits which are to be paid on a date during the respective month after the session has taken place (see ).
3.5.2. It is the responsibility of the client to ensure all payments are made, including direct debits and recurring payments. If payments are not made for whatever reason, it is the responsibility of the client to inform the trainer prior to participating in any further sessions. If the client participates in any sessions without payment for the respective session and without informing the trainer within 24 hours prior to the session, the client agrees to pay for all unpaid sessions within 14 days of each session. Failure to comply may result in legal action being taken to recover any session fees. In this case the client agrees to also pay for all legal fees for both the client and the trainer, including but not limited to court fees, solicitors, personal costs and absence from paid work.
3.6. Expiry of sessions
3.6.1. All single sessions, blocks of sessions and packages will expire after the given timeframe shown at the point of sale. Any sessions not used after the expiry date will be forfeited.
3.6.2. All packages paid for by monthly recurring payment and direct debit will expire at the end of the respective month. Any sessions not used after the expiry date will be forfeited.
3.7. Recurring payments and direct debits
3.7.1. Packages and blocks of sessions may be paid for by recurring payments or direct debit. In this case, the month in which the payment is first scheduled to be taken is the month for which the package or block of sessions covers, and not a month from the date of payment. For example, a payment taken on the 10th of the January will cover all sessions delivered from the 1st to 31st January, not from 10th January to 9th February.
3.7.2. By extension, the client is responsible for payment of all sessions and programming delivered in the respective month, even if the sessions are delivered before the due payment date. Any late payments may be subject to a late payment fee and legal action taken to recover unpaid fees. In the case that legal action is taken, the client agrees to also pay for all legal fees for both the client and the trainer, including but not limited to court fees, solicitors, personal costs and absence from paid work.
3.7.3. If the client wishes to cancel a recurring payment or direct debit, the client must give a minimum of 14 calendar days’ notice to the trainer in writing, otherwise the next payment will be taken in full as scheduled and subsequent payments may be cancelled thereafter.
3.8. Session termination
3.8.1. The client has control of the workout and may terminate a particular exercise or workout at any time. Further to this the client has an obligation to inform the trainer of any symptoms such as fatigue, shortness of breath or chest discomfort.
3.9. Session transfer
3.9.1. Remaining sessions purchased as part of a block of sessions or sessions-only recurring payment may be transferred to another client if the client who has purchased the sessions wishes to do so.
3.9.2. Transferred sessions should still be completed in the same group format as the sessions paid for. That is, one-to-one sessions can only be transferred for one-to-one use, and group sessions can only be transferred for group use.
3.9.3. The client may transfer sessions with another person(s) so long as each additional person(s) has undergone a full personal training induction process, including but not limited to the and they have signed a
3.9.4. Remaining sessions purchased as part of a package which include an additional program may not be transferred to another client, nor may the program be transferred or shared to another client.
3.10. Refunds
3.10.1. All sessions, blocks of sessions and packages are non-refundable once purchased, unless one of the following circumstances applies: the client moves to a new home location 25 miles or further from the training venue; the client contracts a medical condition which deems continuation of sessions unsafe and the client provides medical proof; the trainer ceases to operate out of the current training venue and the client cannot attend any new training venues used by the trainer.
3.10.2. In the case that a refund is given, the refund will be calculated relative to the price paid, including any discounts or promotions at the point of sale, and not the standard full price.
3.11. Periodic package updates
3.11.1. The trainer may make periodic updates to their packages and services in line with industry trends, UK inflation rates and improvements of the services they offer.
3.11.2. In the case that the package a client is using changes, the client may be asked to opt onto the new package. If the client does not wish to pay the new price or otherwise use the new package, the client has the right to cancel their package prior to the next payment, regardless of the proximity to the payment date.
3.12. Online and additional programs
3.12.1. Additional programming and workouts may be provided as part of specific packages and online programming options. In this case, the client agrees not to share their login details with another person, unless the client is under 18 years of age, in which case a parent, guardian or carer over 18 years of age is permitted.
3.12.2. The client will lose access to additional and online programs either from the end of their purchase period or upon failure of payment.
3.12.3. All programs, workouts and other content created by the trainer as part of any services delivered to the client remain property of the trainer in full. The client therefore holds no claim to any content created by the trainer during or after participating in services delivered by the trainer to the client, including programs, workouts, photographic and video media, and written instructions and descriptions.
3.13. Preparation prior to session participation
3.13.1. The client must adhere to the following regulations when preparing to participate in a session:
3.13.2. The client must attempt to maintain adequate levels of hydration.
3.13.3. The client must avoid alcohol and recreational drugs for at least 8 hours prior to and throughout the session and must not turn up still under the influence of either, otherwise the trainer has the right to cancel the session and the client will still be charged for the full cost of the session. If this session is part of a block package or recurring payment, 1 session will be docked accordingly.
3.13.4. The client must wear appropriate clothing and footwear. The trainer will be able to advise on what qualifies as “appropriate clothing and footwear”, although generally clothing should be loose fitting, non-restrictive and comfortable and footwear should be comfortable and provide adequate support.
3.13.5. The client must aim to arrive at least 5 minutes prior to a training session so that a full session can be achieved on each visit.
3.13.6. The trainer may make some other additional recommendations. These may include but are not limited to:
i. Consuming a small snack or light meal two or three hours before the session
ii. Bringing a small towel and water bottle to the session
3.14. Physical contact
3.14.1. The trainer will act with the utmost professionalism at all times. The client must acknowledge that personal training can involve some physical contact between the trainer and the client to ensure proper form and technique. However, the client can opt out of this if it is something the client feels uncomfortable with. In this case it is the responsibility of the client to inform the trainer prior to participating in sessions.