Trainer Signup – Training Nation

TERMS AND CONDITIONS

Relating to the use of the Training Nation Website (https://www.trainingnationuk.com/)

1 WHAT THESE TERMS COVER AND WHY YOU SHOULD READ THEM

This document (Terms) sets out the terms and conditions on which we provide our Training Nation website (Website) and the services available through the Website to you as a user of the Website or the services (User, you or your).
Please read these terms carefully before you use our services. These terms tell you who we are, how we will provide the services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

2 INFORMATION ABOUT US AND HOW TO CONTACT US

We are Training Nation Ltd, a company incorporated in England and Wales under registration number 10238879. Our registered office is C/O RPG, The Copper Room, Deva Centre, Trinity Way, Manchester, England M3 7BG.

You can contact us by writing to us at info@trainingnationuk.com.

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address or telephone number you provided to us when you registered to use our Website and Services.

3 OUR CONTRACT WITH YOU

By using the Website or our Services (as defined at clause The Services we shall provide to you through our Website shall be:) or registering with us, you are confirming that you agree to these Terms, our Website terms of use (available here) , our cookies policy (available here) and our privacy policy (available here) so please take the time to read and understand them. These documents will form the basis of our contract with you and where these Terms refer to “Contract”, it shall refer to those contractual documents.

You should be aware that these Terms may change from time to time in accordance with clause 17).

4 INTERPRETATION

For ease of reference, such third parties seeking personal training services through our Website shall be referred to as “Trainees” throughout these Terms.

For ease of reference where a Trainee places a booking with you for your delivery of personal training services at a mutually agreed time and date, such booking shall be referred to as a “Training Arrangement” throughout the remainder of these Terms.
In these Terms words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.

All and any business undertaken between you and us is subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly otherwise agreed between you and us in writing. No variation of these Terms shall be valid if made without our written consent.

These Terms supersede all previous terms of business.

In these Terms, any phrase that includes the words other, including, for example, such as or in particular (or any similar expressions) shall be deemed to include the phrase “without limitation”.

5 PROVIDING THE SERVICES

The Services we shall provide to you through our Website shall be:

permitting you to advertise your personal training services to Trainees who have registered with our Website;
providing you with an online messaging service which will allow you to exchange instant messages with Trainees in order to further promote your skills and expertise to the Trainees and establish their personal training needs (“Messaging Platform”); and
upon the payment of the Training Arrangement Fee by the Trainee, we shall release your contact details (“Trainer Details”) to that Trainee so that you and the Trainee may arrange a time and a date at which a Training Arrangement may take place,

(together the “Services”).

Unless expressly stated the Website and our Services are not provided to companies, agencies and other organisations (together, “Organisations”). Your registration confirms that you are not an Organisation and that you will not use the Website or our Services to seek or provide commercial services on behalf of any Organisation. We do, however, welcome enquiries from Organisations wishing to work with us and any such enquiries should be directed to us using our contact details as set out on the Website.

6 INFORMATION WE REQUIRE FROM YOU

We may need certain information from you so that we can supply the Services, for example, a correct email address, name, telephone number, home address and work address if applicable. This information should be provided by you upon registration of your account with us. We will not be responsible for any delay in supplying the Trainer Details to a Trainee or not supplying any part of the Trainer Details if this is caused by you not giving us the correct information we need.

When registering for the use of the Website and our Services, you may also be required to submit and confirm information in relation to yourself and the terms on which you would be prepared to engage a Trainee to provide a Training Arrangement. You agree to supply such information and consent to it being shared by us with Trainees who have registered with our Website.

You must ensure that the Trainer Details we hold for you are kept up-to-date. We may need to contact you with important information. If you make any changes to your Trainer Details you must inform us of the new details through your account settings.

You hereby agree to provide to us the following categories of information (in addition to the Trainer Details) where available within 7 (seven) days of your completed registration with our Website, or, where not available, as soon as they become available:

your identity;
experience;
training qualifications;
personal references; and
insurance cover,

(from here referred to in these Terms as the “Credentials”).

You agree to provide us with any other reasonable information (in additional to the Trainer Details and the Credentials) that we may request from you from time to time in order to be able to provide the Services both to you and to the Trainees.

You acknowledge that your profile and some details entered by you on our Website will be publicly visible and may appear in search engine results. However, for the avoidance of doubt your contact details will only be made available to those Trainees who pay the relevant fees in accordance with clause 11.

We reserve the right, in our sole discretion, to suspend or terminate your Contract with us (without liability) and remove your profile from our Website where you fail to provide the Credentials and any other information reasonably necessary to enable us to carry our suitability checks, or we know or have reasonable suspicion to believe that the Credentials and any other information you have provided in order for us to carry out such suitability checks were or have become incorrect.

You warrant to us that you are at least eighteen years of age.

We do not accept any identification documentation, insurance or qualification certificates via post and shall not be held responsible in the event that you send these to us and they become lost or misplaced.

You acknowledge that Trainees are under no commitment to undertake any Training Arrangement simply by virtue of them having obtained your Trainer Details from us via the Services.

7 YOUR CONTRACTUAL RELATIONSHIP WITH YOUR CHOSEN TRAINEE

Once a Trainee has paid the requisite Training Arrangement Fee in accordance with clause 11 below, and we have provided your Trainer Details to that Trainee on receipt of such payment, you accept that your contract for that Training Arrangement is with the Trainee and not with us. We are not a party to such a contract and are not responsible for the performance of any obligations agreed or agreed by implication between yourself and the Trainee.

You and your Trainee are responsible for agreeing all matters relating to the timing, location and duration of your Training Arrangements.

You are solely responsible for your conduct during a Training Arrangement and the information and advice given to your Trainee by you in connection with your Training Arrangement. We will not accept any liability for any loss or damage suffered by you or your Trainee which is caused by you or your Trainee.

You accept that we shall have no responsibility or liability for your welfare at any time whilst you are engaging in a Training Arrangement, save as may not be excluded by law. This applies irrespective of where you are delivering your personal training during a Training Arrangement. You are responsible for determining whether the location of the Training Arrangement is suitably safe and otherwise suitable for the Training Arrangement.

Deciding to deliver training at a Trainee’s home or gym is a decision made at your own risk.

8 RULES REGARDING FEEDBACK ON OUR WEBSITE

As part of our Services to Trainees, we permit them to rate the Trainers they have undertaken Training Arrangements with, as well as leave feedback regarding a Trainer’s performance during a Training Arrangement.

Any rating and/or feedback that a Trainee leaves on our Website about you will be publicly viewable.

Where a Trainee leaves a rating and/or written feedback about you and your performance, and you believe such rating and/or feedback to be untrue, inaccurate or personally abusive about you, you may contact us at info@trainingnationuk.com and request that such rating and/or feedback be removed from our Website.

You acknowledge, understand and agree that the removal of any rating and or feedback from our Website shall be entirely at our discretion.

You acknowledge that we retain the right to remove or edit feedback where we see appropriate. We do not intervene with Trainee/Trainer disputes in relation to ratings and/or feedback save for as set out in this clause 8.

In the event that you provide defamatory, untrue, inaccurate or malicious feedback about us (including for example through a web based review site or on social media), we reserve the right to terminate our Contract with you without notice and without liability.

9 YOUR RIGHTS TO END THE CONTRACT

You can always end your Contract with us at any time by providing us with no less than 7 days’ notice in writing by sending such request to info@trainingnationuk.com (“Cancellation Notice”).

Upon receipt of your Cancellation Notice, we shall use our reasonable endeavours to:

remove your profile from our Website without undue delay, or by such date as reasonable requested by you in your Cancellation Notice; and

remove your Trainer Details from our database.

Upon cancellation of your Contract with us, you shall continue to provide such Training Arrangements as have been agreed by you with Trainees via our Website and Services prior to the date of your Cancellation Notice (“Residual Training Arrangements”). Where you are unable to provide such Residual Training Arrangements, you hereby acknowledge, understand and agree that you shall:

be liable to refund the Training Arrangement Fee paid by those Trainees for a Training Arrangement with you that they have not and will not receive; and
immediately make contact with those Trainees to whom you are unable to provide the agreed Training Arrangement, to inform them of the cancellation of the Training Arrangement and make arrangements to provide a full refund of the Training Arrangement Fee to those Trainees in accordance with clause 9.5.

We accept no liability for your failure to refund the Training Arrangement Fees to the relevant Trainees under clause 9.3 and you hereby agree to indemnify us in full for any losses we may suffer as a result of your failure to make such refunds in accordance with clause 9.3.

You hereby acknowledge, understand and agree that all such refunds payable to the relevant Trainees under clause 9.3 above shall be made in full and cleared funds within 14 days of your notification to the relevant Trainees under clause 9.3 above.

10 OUR RIGHTS TO END THE CONTRACT

We may write to you to let you know that we are going to stop providing the Services. Where possible will use our reasonable endeavours to let you know at least 48 hours in advance of our stopping the supply of the Services.

11 PRICE AND PAYMENT

You may register an account on our Website, create a profile on our Website to advertise the personal training services you offer and make contact with Trainees via our Messaging Platform in order to further promote your services free of charge.

Where you and a Trainee wish to arrange a Training Arrangement, you hereby acknowledge, understand and agree that you may not exchange personal contact details (including without limitation telephone number, email addresses, social media user names or Skype user names (“Personal Details”)) with any Trainees through the Messaging Platform until such time as the relevant Trainee has paid to us the fee of £15.00 for the release of your Trainer Details (“Training Arrangement Fee”). You shall not use the Messaging Platform to request such Personal Details from the Trainee. For the avoidance of doubt, the obligations of this clause 11.2 shall not apply after the Training Arrangement Fee has been paid.

Where a Trainee requests your Trainer Details (unless the Trainee initiates the payment mechanism himself/herself to pay the Training Arrangement Fee) you shall issue a notification to the Trainee through the relevant link on the Messaging Platform to pay the Training Arrangement Fee.

We reserve the right to increase the level of the Training Arrangement Fee from time to time. If we do so we will notify you and you may then, subject to clause 9.3 above, contact us to end the Contract before the changes take effect.

The cost of the Training Arrangement Fee shall be deducted from the cost of your initial Training Arrangement with the relevant Trainee, with the balance of the cost of your Training Arrangement to be paid directly to you by the Trainee. For example, where you charge £30.00 for a Training Arrangement, the Trainee shall pay the Training Arrangement Fee of £15.00 to us, and the remaining balance of £15.00 shall be paid directly to you by the Trainee.

You shall accept full responsibility for the prices quoted for your personal training services to Trainees on our Website.

You shall make clear whether or not value added tax is applicable to the prices you quote, and if it is applicable you shall clearly state the amount of value added tax payable by a Trainee in addition to the amount to be charged for the provision of your personal training services which shall also be clearly stated.

You shall be responsible for the collection of all fees due to you (and responsible for issuing the Training Arrangement Fee request in accordance with clause11.3 above) from your Trainee(s) and shall not seek to recover any payment in relation to any Training Arrangement from us.

In the event that you cancel the first Training Arrangement with a Trainee and the Trainee submits a complaint to us requesting a refund of the cost of the Training Arrangement Fee which we deem in our sole discretion to be valid, we shall be entitled to charge you a cancellation fee which shall be equal to the value of the Training Arrangement Fee in addition to the reasonable costs incurred by us in providing such refund to the Trainee.

You warrant that at no time shall you directly or indirectly suggest to a Trainee (or where a Trainee directly or indirectly suggest to you agree to comply with such suggestion) that he or she apply for a refund in respect of a Training Arrangement in order to bypass the Trainee’s requirement to pay the Training Arrangement Fee. In the event of your breach of this clause 11.10, we reserve the right to invoice you for the relevant refunded Training Arrangement Fee as well as for any costs that we have reasonably incurred as a consequence of your breach of this clause 11.10.

12 YOUR CONDUCT

You acknowledge that you are not an employee of ours or any of our affiliated companies and you accept full responsibility for all income tax, national insurance and other taxation or employment-related responsibilities arising in connection with your involvement in any Training Arrangement. Accordingly, you agree to indemnify us, without limit and on an ongoing basis, in respect of any income tax, national insurance, social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with your provision of training services through our Website and the Services we provide. You shall further indemnify us against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by us in connection with or in consequence of any such liability, deduction, contribution, assessment or claim.

You shall respond to all enquiries from Trainees within [3] days of receipt. We may, at our discretion, suspend or remove the profiles of Trainers from our Website who repeatedly fail to reply to enquiries made by Trainees within such timeframes.

You shall at all times conduct yourself in a professional manner fitting of a personal trainer in your dealings with both us and your Trainees. Additionally, your agreement to provide the venue for a Training Arrangement shall be considered as your warranting to us that said venue shall be clean, presentable, in compliance with applicable law including but not limited to health and safety legislation and be generally fit for purpose, and you agree to indemnify us in this regard.

13 HOW WE MAY USE THE CONTENT YOU PROVIDE TO US ON OUR WEBSITE

When you communicate with Trainees via the Messaging Platform or otherwise use the functions of the Website, you may submit to us various materials, such as articles, photographs, diagrams, the text of any comments and messages submitted by you via the Website and the material and information in your profile (“User Content”).

By submitting User Content, you:

grant us, for the purpose of us providing the Website and our Services, a nonexclusive, worldwide, royalty-free, perpetual licence (with rights to sublicense on identical terms and in multiple tiers) to use, adapt, perform, display, reproduce, communicate to the public and distribute the User Content through any media now or in future known, which includes the right to display the User Content on and in connection with the Website and the Services;
grant to us and our assignees and licensees all consents which are or may be required (including under the Copyright, Designs and Patents Act 1988 and any statutory modifications or re-enactment thereof) for the use of the User Content, throughout the universe, in perpetuity, by any and all means and in any and all media now or hereafter known or devised;
waive in perpetuity in respect of the User Content the benefits of any moral rights under Part II, Chapter III of the Copyright, Designs and Patents Act 1998 (moral rights are certain rights that the owner of a copyright work has in relation to how that work is used) or the equivalent rights applying in any jurisdiction;
warrant to us that you have obtained all necessary consents (including, without limitation, those consents necessary under the Data Protection Act 1998 and all other applicable data protection laws which may apply to the use of the User Content from time to time) from those Trainees who are featured in your User Content;
warrant to us that you own the User Content and have the right to grant the licence set out at clause grant us, for the purpose of us providing the Website and our Services, a nonexclusive, worldwide, royalty-free, perpetual licence (with rights to sublicense on identical terms and in multiple tiers) to use, adapt, perform, display, reproduce, communicate to the public and distribute the User Content through any media now or in future known, which includes the right to display the User Content on and in connection with the Website and the Services; and that the User Content does not infringe the intellectual property rights of any third party; and
warrant that any User Content submitted by you does not cause you to breach these Terms including the provisions of clause 15 below.

14 HOW WE MAY USE YOUR PERSONAL INFORMATION

We will use the personal information you provide to us in order to provide the Services.

We will only give your personal information to third parties other than as expressly stated in these Terms where the law either requires or allows us to do so or as stated in our Privacy Policy [INSERT LINK].

15 ACCEPTABLE USE OF OUR WEBSITE AND SERVICES

You warrant and undertake that you will use our Website and Services for lawful purposes only, and will not use our Website and Services:

in any way that breaches any applicable local, national or international law or regulation.
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out at clause 15.7 and User Content must not below (“Content Standards”);
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also warrant and undertake:

not to (or attempt to) reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by our Website and or Services;
not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of our Website terms of use [INSERT LINK];
not to access without our authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.

In relation to your use of the Messaging Platform we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use the Messaging Platform provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the Messaging Platform (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate the Messaging Platform we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of the Messaging Platform by a user in contravention of our Content Standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator should a concern or difficulty arise.

When providing User Content to the Website, the following Content Standards apply to any and all User Content which you contribute to our Website. You must comply with the spirt and the letter of the following Content Standards. The Content Standards apply to each part of any User Content as well as to its whole.

User Content must:

be accurate (where they state facts);
be genuinely held (where they state opinions); and
comply with applicable law in the UK and in any country from which they are posted.

User Content must not

contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case; or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

We will determine, in our discretion, whether there has been a breach of this clause 15 through your use of our Website. When a breach of this clause 15 has occurred, we may take such action as we deem appropriate.

Failure to comply with this clause 15 constitutes a material breach of these Terms, and may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use our Website and the Services;
immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you; or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this clause 15. The responses described in clause 15.10 are not limited, and we may take any other action we reasonably deem appropriate.

16 LIABILITY

We exclude all implied conditions, warranties, representations or other terms that may apply to your use of our Website and or the Services or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our Website or the Services; or
use of or reliance on any content displayed on our Website or the Services.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

Nothing in Terms shall limit our liability for:

death or personal injury arising from our negligence;
fraudulent misrepresentation or misrepresentation as to a fundamental matter; or
any other liability which cannot be excluded or limited under applicable law.

Subject to clause 16.4, our total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Contract in any period of 12 months shall be limited to fifty per cent (50%) of the aggregate Training Arrangement Fees received by us in connection with this Contract in the relevant 12 month period.

17 VARYING THESE TERMS OF SERVICE

We advise you to print and retain a copy of these Terms. We reserve the right to modify these Terms from time to time, for any reason. If we do so we will notify you and you may then contact us to end the Contract before the changes take effect

If we make any material changes to our Terms (including the value of the Training Arrangement Fee) we will notify you prior to the change becoming effective. Any such modification to these Terms will become binding and effective on the date posted or the date notified that such modifications shall take effect. You should cease to use the Website or the Services if you do not agree to any such modification.

18 INTERNATIONAL USE

The Services are provided by us for users who reside in the United Kingdom only. We make no representation or warranty that the information and/or the Services provided via our Website are appropriate for or available for use outside the United Kingdom.

19 RIGHTS OF THIRD PARTY NOT PART OF THIS AGREEMENT

This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

Nothing in these Terms is intended to, nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to these Terms has no rights to enforce them.

20 DELAYS OUTSIDE OUR CONTROL

If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract in accordance with clause 9.

21 OTHER IMPORTANT TERMS

We may transfer our Contract with you to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

If a court finds part of this Contract illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

Which laws apply to this Contract and where either of us may bring legal action. These Terms are governed by English law and either of us can bring legal proceedings in respect of the Terms in the English courts.