Terms and Conditions
“I”, “Me”, “You” and “Your” means the customer referred to in the contract
“Our”, “We”, “Us”, “Coach(es)”, “Skillings Fitness & Nutrition” and “The Company” means Skillings Fitness. “Employee”, “Subsidiary”, “Contractor” and “Subcontractor” means anyone that is hired, employed or otherwise engaged with by The Company for the provision of products and/or services. “Contract Period” means the number of weeks from the specified contract starting date.
For all matters relating to the products and services provided by Skillings Fitness & Nutrition (Skillings Fitness), you should contact your Coach: Jameson@jamesonskillings.com
It is the responsibility of You to do all that is necessary to fully understand the terms of this agreement, this may involve seeking professional legal advice.
The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it; or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
Should any provision of this agreement be held by a Court of competent jurisdiction to be unlawful, invalid, and unenforceable or in conflict with any rule, statute, ordinance or regulation the validity and enforceability of the remaining provisions will not be affected
Personal and Small Group Training Sessions and Packages
What you can expect from your coach
Your Coach will utilize their skills, knowledge, and experience in preparation and the conducting of training sessions in a way that will take into account Your goals, fitness level, ability and preferences as well as any injuries or potential limitations to training as identified by You.
The role of Your Coach is to provide You coaching, supervision, advice and support that You may need to help You in performing exercises correctly and safely in efforts to progress and achieve Your goals. Your Coach may prepare a structured workout plan, nutrition plan, eating guide, or training program for You based on the information gathered from an initial consultation such as but not limited to:
- Initial Exercise Questionnaires
- Initial Consultation Forms
- Any Medical or Allied Health Professional’s referral
Nutritional guidance and advice may be provided. Any subsequent amendments will be made as arranged and agreed to between You and Your Coach. Your Coach will closely monitor Your progress and any programs may be revised, amended or adjusted accordingly.
All personal information of You will be kept private and confidential – However, in instances relating to genuine health concerns pertaining You, Your Coach may be required to disclose information to a Medical or Allied Health Professionals in relation to any medical issues, medical conditions, medical advice, referrals, second-opinions or anything related to assisting you to achieve Your goal.
The Company and its Coaches may not be registered or accredited practising nutritionist(s), dietitian(s) or Exercise Physiologist(s) accordingly any nutrition advice should be taken as general advice and guidance, which is not intended to be in replacement of any professional, prescribed or medical advice provided to You. Your sessions will be conducted, supervised and monitored by Your Coach for a duration of 30 minutes unless otherwise specified or arranged between You and Your Coach. Your Coach may maintain open communication with You to ensure that Your Coach can monitor progress while You are not in your scheduled session. This is a matter to be determined between You and Your Coach to arrange communication frequency and medium that will best suit You.
What our expectations are of you
It is important that You ensure that the answers provided in any documentation given to You by Us will be honest and accurate, disclosing any information that is, or may be deemed relevant to You undertaking physical activities under the supervision of Your Coach. Your Coach may recommend that clearance from a doctor or medical professional be sought, however, You are responsible for seeking said clearance or advice prior to undertaking physical activity, nutritional or physical intervention under the supervision of Your Coach to prevent the risk of illness, injury or death. Participate in the Initial Assessment Process or any other initial consultations or screenings that Your Coach deems relevant to be sufficient to clear You for training or coaching. Dress appropriately and bring a suitable towel or other reasonably requested equipment or apparel. You are required to wear appropriate clothing and footwear. Footwear should be comfortable and provide adequate support. Bring water or other methods of hydration that is suitable for your goals, and be adequately hydrated and nourished for your session. Bring any medication or medical equipment or devices that may be necessary throughout the physical activity. You are required to arrive on time for Your training session so that the full session can be achieved. It may be preferable (if possible) for You to arrive early to warm up or to allow time to complete any pre-habilitation, rehabilitation or other prescribed warm-ups or exercises. Read and fully understand these Terms and Conditions and the Terms and Conditions of relevant payment merchants We use.
Accepting of Risk and Liability Waiver
While exercise may have positive benefits, there is an acceptance of risk that The Company requires you to be aware of. You agree that if you engage in any physical activity, exercises, program or services with The Company, you do so at your own risk of any and all injury, damage, illness You may suffer. Your assumption of risk includes but is not limited to, Your use of The Company’s fitness programs, training or coaching and information or guidance provided to You from The Company, Our website and Our Coaches. You agree on behalf of Yourself to release and discharge The Company, Our Coaches, Our subsidiaries, Our employees or anyone that is affiliated or related to Us from any and all claims or causes of actions (known or unknown) arising out of negligence (whether actively or passively). This waiver and release of liability include, without limitation, injuries which may occur as a result of:
- Your use of Our programs,
- Your use of Our products,
- Your use of Our affiliates or associates products or services.
By exclusion of this agreement, You hereby agree to indemnify and hold no harm to The Company, Your Coach, any affiliates and associates of The Company and loss, liability, damages or costs that may incur. You expressly agree that the foregoing release, waiver and assumption of risk and indemnity agreements are intended to be as broad and inclusive as permitted by law in the state of Maine and in the United States of America. By initialling this portion of the agreement, you are giving up your right to bring legal action or assert a claim against The Company, Coaches and any affiliates or associates for negligence whilst under the supervision of any Coach or purchase of services or products from Us or any associates or affiliates. You have thoroughly read and voluntarily signed the waiver and release and further agree that any oral representations, statements or inducements previously discussed have been and are superseded by this agreement.
Initial Consultation Documents, Health and Pre-exercise Questionnaires
You must complete any documentation provided by Us which may be sent electronically to Your nominated email address and in doing so provide as much information that may be relevant for Our purposes. If Your Coach recommends or refers You to a third-party practitioner for assessment or treatment it is Your responsibility to follow this up and Your Coach is deemed to have done all that is reasonably necessary.
The Company and any of its affiliates, subsidiaries, subcontractors or employees reserve the right to refuse service to You if it is reasonably believed to be appropriate given the information available to them. This refusal will be communicated to You as soon as it becomes apparent to the concerned Coach and may invoke the ‘Late Cancellation’ policy depending on the circumstances and reasons for the refusal.
Cancellations, Rescheduling and Lateness of Sessions
If You wish to cancel any pre-booked or scheduled session with Your Coach without incurring a charge or cancellation fee Your Coach requires a minimum of 24 hours notice. Notice of Cancellation must be made either: In person to Your Coach, or, in writing via electronic communication, such as, but not limited to, email or SMS/Text message. If a Cancellation is made inside the minimum notice period it will be deemed a ‘Late Cancellation’ and the session will be charged accordingly. Any charges resulting from Late Cancellations may be communicated to the client on the first instance as a courtesy and reminder of the Cancellation Policy in force. We reserve the right as to whether or not You will be charged for Late Cancellations, this determination is made on the circumstances under which You wish to make the Cancellation and any other factors Your Coach deem relevant.
Rescheduling of sessions must be completed outside the 24 hour notice period described above to avoid incurring a late cancellation charge. You may be requested by Your Coach to reschedule or vary session times in order to accommodate other clients or other extraneous circumstances that may arise. In such instances, We appreciate Your cooperation and We may be willing to reciprocate as We see fit. If for any reason Your Coach is unable to attend the session Your Coach or any other We will notify You as soon as practicable, and endeavor to reschedule the session to another time that suits both parties. If You are late to Your scheduled session time, no extension of time is to be provided by Your Coach, and the session will accordingly end at the scheduled time. If Your Trainer is late to Your scheduled session time, additional time will be added to the session to ensure the minimum duration is met. If at any time throughout training with Skillings Fitness You feel uncomfortable performing a movement, are concerned with risking injury, are not otherwise satisfied with the performance of Your Coach it is the responsibility of You to bring this to the attention of Your Coach immediately.
Other Products and Services
Online Fitness Coaching
Any purchasing of services online, You agree to all of the aforementioned Terms & Conditions in conjunction with the following.
‘Online services’ refers to the following:
‘Online Fitness Coaching’
‘Nutrition Coaching Program’
‘Nutrition Program Guide’
‘Courses, Workshops and Seminars’
Any other product or service available for purchase online via the ‘Company Website’ that is not conducted in a face-to-face-setting.
Any other step that reasonably is made prior to purchase. ‘Service descriptions’ provided on The Company website detail the minimum services to be provided and expected by You who purchase online products or services. Payments are to be made online and in accordance with any third parties Terms & Conditions. You are entitled to a 14-day free trial where one is offered. You may cancel anytime within the 14-day free trial period without charge. Cancelling Your 14-day free trial will no longer entitle you to any products or services relating to that which you have purchased. For cancellations after the trial period, please refer to the ‘Contract Period’ and ‘Termination of Services’ clauses below. All disputes, inquiries or matters are to be dealt with as per General Condition. Online purchases are non-refundable under any circumstances. Purchasers agree to not claim or request any refund or raise a dispute by way of Third Party Service Providers, such as PayPal, eDebit, Stripe or any other medium of payment. Online services may be transferred to another party provided The Company grants written consent from the purchaser and the transferee approves of receipt of the product or service. Online sales may incur a processing or merchant fee to cover any costs associated with taking, processing and fulfilling a purchase made and costs associated with any required technology used by Us to provide You with the product or service. Payments made under this agreement must be made by the means specified in the Order. If there is a change to any Workshop, Seminar or Course provided or to be provided by Us to You, You will be notified in writing a minimum of 24 hours prior to the commencement of the service. If you are unable to attend a Workshop, Seminar or Course that was purchased online and provide more than 24 hours notice, you may be afforded the opportunity to attend another Workshop, Seminar or Course up to the same value of the purchase in question at a later date.
All Online Coaching and Small Group Training contracts are for no less than 4 weeks, after which you may continue or terminate as per the Termination clause below. All Online Coaching and Small Group Training session times and prices may vary.
Skillings Fitness contracts are for a term of month-to-month, 12 weeks, 6 months, or 1 year.
All Online Service contract periods are for no less than 4 weeks, after which you may continue or terminate as per the Termination Clause below.
Up-front and in full
Accepted methods of payment are Direct Debit/Credit, Cash, Check, Stripe, Venmo, PayPal, Electronic Bank Transfer or Invoicing. Receipts will be provided at the express request by You. All session packages that are purchased in full must be paid for in advance at or before the commencement of Your first booked training session. If You wish not to continue with Your sessions, payments are non-refundable but may be transferred to another party pursuant to notice and approval of Skillings Fitness.
For any Direct Debit payments arranged between the Client and The Company, the Client is presumed to have read and agreed to the Direct Debit/Credit Request Agreement document for the terms and conditions as they relate to such arrangements.
A Default fee of $10 which will be added onto Your next direct debit payment, including the defaulted amount. There are no Administration fees associated with creating a direct debit account. For all direct debit payments arranged between You and The Company, You are presumed to have read and agreed to the Direct Debit/Credit Request Agreement Terms and Conditions as they relate to this arrangement.
Invoicing and Electronic Bank Transfer
The Company may provide an invoice for you to purchase any products or services provided to You. Any invoices will be sent to You through electronic means to your nominated email address with the following rules:
- Payment is to be made within seven (7) days of issue.
- Our services to You may be suspended and may not commence until full payment is made.
- We accept payments made through Venmo, Stripe, or PayPal to our nominated Venmo, Stripe, or Paypal account(s).
- You are presumed to have read the Terms and Conditions of Venmo, Stripe, and PayPal.
Refunds & Transferral of purchases
At no time will any purchases made be refunded for a “change of mind”. However, depending on the product or service concerned a transfer may be available. Written communication of a transfer request must be made directly to The Company and must include: the details of the transferee, and, written consent of the transferee to accept the transfer. In instances of transfers of products or services, it is up to the transferer and the transferee to arrange payment independently after approval has been received from The Company.
Session package expiration
If at the time of subsequent purchases You have outstanding payments due for services rendered by Us, this may be considered in the payment agreement. Including, but not limited to, an automatic deduction equivalent to the number of outstanding sessions owed. You will be notified of this upon Initial Setup and afforded an opportunity to rectify or contest any payments due. Payments will not be refunded for any unused services, and any unused services will only be valid until the Service Expiration date. All sessions will expire at a maximum of 6 months after purchase or first payment of this agreement; this will not be extended for any reason.
Termination of Services
For all services, if You have fulfilled the stated Contract Period, The Company requires a one-month notice of termination of services. We will not withhold any services within the one-month termination period and it is up to You and at Your discretion to undertake those services. The Company reserves the right to terminate the contract immediately and/or at Our discretion without reason. Any outstanding payments may be sought after by The Company. If You request to terminate within the Contract Period through medical grounds, you must provide The Company with a certified medical form from a qualified medical practitioner stating that you cannot exercise for the rest of the Contract Period. A refund for services not conducted, rendered or transfer of services is at the discretion by The Company. If You request to terminate due to bankruptcy, You must provide evidence to The Company. A refund for services not conducted, rendered or transfer of services is at the discretion by The Company.