1. Course Attendance and Cancellation
1.1 Teaching Sessions will take place on the dates and at the times we provide to you.
1.2 If you are unable to make a Teaching Session, then you must tell us by email as far in
advance of that session as possible, and in any event within 48 hours of the start of
the session.
1.3 If we are unable to provide a Teaching Session, then we will give you as much notice as
possible and will advise you of the time and date of the rescheduled session.
1.4 If you fail to attend all or any Teaching Sessions, we will not refund the Fee (either for that
session or the whole Fee).
1.5 Although we will make reasonable efforts to accommodate you for any sessions that you might have missed by offering additional Teaching Sessions, we cannot guarantee ]
availability of such Teaching Sessions.
1.6 If you are late for a Teaching Session, we will not delay that session.
1.7 If, as part of any course, your attendance at a certain number of sessions is essential, and
you fail to attend the requisite number, we will not refund the Fee or any part of it.
1.8 If you need to book any additional Teaching Sessions with us, we will agree an additional
fee with you. Before that further session is undertaken you must pay all additional fees
in advance.
2. Fees and Payment
2.1 Unless we agree otherwise, you must pay the Fee in advance.
2.2 If we agree that you can pay the Fee in instalments then:
2.2.1 If you are late paying any instalment, we can suspend or end this Agreement –
without any liability to you for any losses you might suffer as a result.
2.2.2 The whole balance of the Fee will become due and payable.
2.2.3 We may charge you interest on the outstanding sum, at the rate of 10% p.a. from the
due date until the date we actually receive all money due to us and you will also have
full responsibility for any collection costs.
2.3 If you decide to leave the course after it has started, no refunds will be given and any
outstanding payments will be due
2.3.1 If you decide not to take up your place on the course, more than eight weeks before the
start date, your Fee (minus any deposit) will be refunded.
2.3.2 If you decide not to take up your place on the course within eight weeks of the start date,
your Fee will not be refunded.
2.3.2 All deposits are non-refundable.
2.3.3 No refunds will be given if you fail to complete the course.
3. Student Conduct
You confirm that:
3.1 You are over 16 years of age.
3.2 You have the legal right to undertake this course.
3.3 You are physically able to participate fully before starting the first Teaching Session.
3.4 You will advise your Tutor if at any time you become unfit to take part in any session,
whether during that Teaching Session or not.
3.5 You acknowledge that Wellbeing Fitness Education Centre Ltd own the Intellectual Property
Rights in all Course content and material and you agree to indemnify us fully against any
breach or unauthorised use by you or any of any of our Intellectual Property.
4. Health and Safety
4.1 You will observe:
4.1.1 All instructions given by the Tutor at all times.
4.1.2 All rules relating to the site at which the Teaching Session is taking place.
4.1.3 A proper and reasonable standard of behaviour whilst attending a Teaching Session.
4.2 You will, at all times, whilst on the premises where our services are being provided,
conduct yourself in a proper and reasonable manner and not cause harm or damage
of any nature to any other person on those premises or to any property.
4.3 All visitors, students, employers, and employees have a duty to actively manage and take
responsibility for their own health and safety, as well as the safety of those around them.
Individuals are expected to ensure, as far as is reasonably practicable, the health, safety,
and welfare of others in the workplace. This responsibility should be reflected in their
conduct, behaviour, and attitude. Any lapses in health and safety or concerns must be
reported and addressed immediately by the individuals involved.
5. Events Beyond Our Reasonable Control
5.1 We are not liable for any failure or delay in performing our obligations under this Agreement resulting from any cause beyond our reasonable control. That may include illness, lack of available facilities or amenities within those facilities, pandemic, epidemic, non-performance by suppliers, any law or any action taken by a government or public authority, Act of God, or any other similar or dissimilar event or circumstance that is beyond our control.
5.2 If an event such as one referred to in Clause 5.1 occurs, we will try to inform you as soon possible. Our obligations under this Agreement will be suspended and any time limits in it will be extended accordingly. We will inform you when that event is over and then supply you with new dates and times for the remaining Teaching Sessions.
5.3 If for any reason, we are not able to run the course that you signed up for and we are not able to provide an alternative starting date, your Fee will be refunded.
5.4 All parties acknowledge and agree that they have not entered into any agreement between them in reliance on anything said or promised by the other which is not in this Agreement.
5.5 If a Court or other body says that any part of these Terms and Conditions is unenforceable, the rest of them will stand.
5.6 If either you or us need to give formal notice to the other, it must be done by email to the address each of us gives to the other from time to time. Our email address is:
5.7 These Terms and Conditions contain the entire understanding between you and us.
6. Limitation of Liability
6.1 If you suffer loss or damage which is reasonably foreseeable and which was caused by our breach of this Agreement or as a result of negligence on the part of our staff, we will
compensate you up to a maximum, set out in clause 6.2 below. Subject to clause 6.8 below, we will not compensate you if the loss or damage was not foreseeable.
6.2 The maximum amount we will compensate you under this Agreement for one or a series of
issues, is the total amount of the Fees you have paid us.
6.3 We will not compensate you for any reason that you did not tell us before you signed this Agreement, which would make it more difficult to pass the Course.
6.4 We give no guarantee that you will pass the Course. You accept that passing is dependent on your aptitude and ability.
6.5 We will not compensate you for items lost or stolen whilst on the premises in which the Teaching Session/s take place.
6.6 We take no responsibility for the actions of your fellow Students.
6.7 We will not compensate you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
6.8 Nothing in this Agreement is intended to or will exclude or limit liability for death or personal injury caused by negligence or fraud or fraudulent misrepresentation.
7. Status & Authority of Tutors of the Course
7.1 No Tutor or other staff member has our authority to make a binding agreement with us –
if you wish to make a binding agreement with us, then it must be ratified by signature of one of our directors.
7.2 Unless they are providing the Course directly to you, and as a party to this Agreement,
neither the Company nor its directors will be responsible or liable to you for a Tutor’s acts
or omissions.
7.3 Your contract for Teaching Session/s is with the Company and not with any particular Tutor.
8. General Matters
8.1 These Terms and Conditions are made under the laws of England and Wales and that is the
only jurisdiction which can govern them.
8.2 We and you agree that these Terms and Conditions do not form the basis of any partnership or co-venture.
8.3 These Terms and Conditions supersede any previous terms and conditions we have
published and represent the entire understanding between you and us.
8.4 Time will not be of the essence in any part of any agreement between you and us.
8.5 All parties acknowledge and agree that they have not entered into any agreement between
them in reliance on anything said or promised by the other which is not in this Agreement.
8.6 If a Court or other body says that any part of these Terms and Conditions is unenforceable,
the rest of them will stand.
8.7 If either you or us need to give formal notice to the other, it must be done by email to the
address each of us gives to the other from time to time.
8.8 These Terms and Conditions contain the entire understanding between you and us.
9. Definitions
In this Agreement, unless the context otherwise requires, the following expressions have the
following meanings:
Tutor means the tutor engaged by us, from time to time, to provide any Teaching Session/s on
our behalf;
Course means the course you have subscribed to receive from us;
Fee means the fee you have agreed to pay us, based on our standard rates as set out in your letter of confirmation.
Intellectual Property Rights (IPR) means:
(a) any and all rights in any patents, trade marks, service marks, registered designs, applications (and rights to apply for any of those rights) trade, business and company names, internet domain names and email addresses, unregistered trade marks and service marks, copyrights, database rights, know-how, rights in designs and inventions; (b) rights under licences, consents, orders,
statutes or otherwise in relation to a right in paragraph (a);
(c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist; and
(d) the right to sue for past infringements of any of the foregoing rights;
Payment Terms means the payment terms you have agreed with us when subscribing to
a Course;
Student means the person receiving the training;
Teaching Session means any individual tuition, instruction, training, teaching, coaching or
mentoring session we provide to you under this Agreement