1.1 I represent and warrant that all the information I have provided in the client questionnaire is accurate and complete to the best of my knowledge as of the date of my signature below. I agree to accept responsibility for any consequences of including incorrect data in the questionnaire and for my failure to disclose any past or currently existing health/medical conditions.
2.1 I acknowledge that Dunbar Total Fitness Ltd only provides general health and fitness information, and that Dunbar Total Fitness Ltd does not provide any medical diagnoses, symptom assessments, health counselling or medical opinions for individual clients. Should circumstances dictate such advice is necessary I hereby state and acknowledge that I shall consult an appropriate medical professional.
3.1 All payments are to be paid for, in advance, and on a monthly basis, until the agreement is cancelled in accordance with the cancellation and refund policy.
3.2 Sessions must be used within the period in which they are paid for, sessions may be carried over to a subsequent payment period if agreed so by Dunbar Total Fitness Ltd.
3.3 I understand that I need to provide 24hrs cancellation notice to Dunbar Total Fitness Ltd should I need to cancel a session but do not wish to be charged.
3.4 I accept that instructors may change from those scheduled to lead a session or group exercise class and Dunbar Total Fitness Ltd cannot guarantee any particular instructor will be available for any particular session or group exercise class.
Code of Conduct / Use of Premises
4.1 I agree to behave in an orderly fashion at all times whilst at the premises and understand that I am responsible for any injury that I may cause to others and for any damage done to any property.
4.2 I accept that the bullying of, intimidating, or intentionally making other clients feel uncomfortable in any way will not be tolerated by Dunbar Total Fitness Ltd.
4.3 I accept that Dunbar Total Fitness Ltd takes no responsibility for any loss or damage to my personal property while I am on the premises.
4.4 I understand that I need to act and behave in a suitable manner around the Prime Four business park as a customer of Dunbar Total Fitness Ltd and park in appropriate areas and adhere to the park rules.
4.5 Failure to comply with these terms and conditions including this code of conduct will entitle Dunbar Total Fitness Ltd to terminate my membership without any refund.
4.6 I accept any materials, session plans, recipes or nutrition plans given to me during my time as a client carry copyright owned by Dunbar Total Fitness Ltd and I do not have permission to share them with anyone.
Refund and Cancellation Policy
5.1 I accept that Dunbar Total Fitness Ltd reserves the right to terminate me as a client at any time and for any reason.
5.2 I understand Dunbar Total Fitness Ltd requires a minimum of 24 hours notice for the cancellation of any agreed upon session. Notice of cancellation must be provided to Dunbar Total Fitness Ltd via telephone, or email. Cancellation within 24 hours regardless of reason may result in me forfeiting the session.
Suspension of Service
6.1 Dunbar Total Fitness Ltd will use reasonable endeavours to ensure the premises are open and all equipment is in working order and available for use by clients during sessions. I accept that there may be occasions, however, when the premises may be closed, or a particular trainer may not be available for reasons beyond the control of Dunbar Total Fitness Ltd, for example, for essential maintenance purposes or staff illness / training.
6.2 Dunbar Total Fitness Ltd reserves the right to reduce the number of sessions available over public holidays, Bank Holidays and the Christmas/New Year period.
7.1 I consent to Dunbar Total Fitness Ltd taking photographs and/or videos of me at the premises at Dunbar Total Fitness Ltd, Management Suite, Prime Four, Kingswells, Aberdeen, AB15 8PU or out-with these premises when participating at events, and that Dunbar Total Fitness Ltd may use these photographs and/or videos for a variety of promotional purposes that includes posting on social media and use in print media.
7.1.1 I understand that I can opt-out of the photography policy at any time by giving notice via email to: firstname.lastname@example.org
Disclaimer of Liability
9.1 I understand that exercise can be physically demanding and that there are inherent risks with any form of exercise. I accept full and complete responsibility for my own participation in the sessions and for my physical and emotional wellbeing. I agree to arrive for exercise sessions ready to train and understand I should not train if I am lightheaded, unwell, or in pain. I agree to inform my trainer of any pain, dizziness or any health concerns immediately and prior to my session.
9.2 I agree that Dunbar Total Fitness Ltd, it’s agents and employees are not responsible for, and excludes any and all liability (whether in contract, tort (including negligence) or otherwise) in respect of, any claims, demands, losses, costs, damages, expenses, actions, causes of action, suits, or other proceedings by whomever made, sustained, brought or prosecuted in any manner based upon, occasioned by or attributable to my use of the training, information or materials provided by Dunbar Total Fitness Ltd. These terms do not seek to limit or exclude Dunbar Total Fitness Ltd’s liability for death or personal injury caused by negligence, due to fraud or fraudulent misrepresentation or seek to limit or exclude any representations or any liability that cannot be limited or excluded by applicable law.
Law, Jurisdiction & Severance
10.1 If any court finds that any provision of these terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions will not be affected. If any invalid, unenforceable or illegal provision of these terms would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum changes necessary to make it legal, valid and enforceable.
10.2 I agree that the terms of this document, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), are to be governed by, and construed in accordance with, the laws of Scotland. I agree that the courts of Scotland have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this document or its subject matter or formation (including non-contractual disputes or claims).
© Dunbar Total Fitness Ltd 2018