OUR TERMS
1. These Terms
1.1 What these Terms Cover: These are the terms and conditions on which Pain'N'Gain, trading under Pain and Gain Training Ltd (referred to as "the Company," "we," or "us"), provides its services to you.
1.2 Services: References to "Services" in these terms mean the training, coaching, and/or related services you purchase from us, which may comprise one or more of the following (as agreed in writing between us):
(a) Personal Training – one-to-one or one-to-two sessions with a trainer.
(b) Online Coaching – online training and coaching services provided by our team of coaches;
(c) Hybrid Training – a combination of in-person and online coaching services;
(d) Group Training – group training sessions with our trainers;
(e) Nutritional Guidance – advice and guidance on nutrition tailored to your fitness goals.
1.3 Why You Should Read Them: Please read these terms carefully before you engage in any services with us. These terms outline who we are, how we provide services, how you and we may change or end the contract, what to do in case of any issues, and other important information.
2. Information about Us and How to Contact Us
2.1 Who We Are: Pain'N'Gain, trading under Pain and Gain Training Ltd, is a company registered in England.
2.2 How to Contact Us: You can contact us by heading to the contact information on our website,
2.3 How We May Contact You: If we need to contact you, we will do so by telephone, email, or by writing to the email address or postal address provided by you.
2.4 "Writing" Includes Emails: When we mention "writing" or "written" in these terms, this includes emails.
3. Our Contract with You
3.1 How We Will Accept Your Order: Our acceptance of your order will take place when we notify you in writing (usually by email) to confirm that we can provide you with the requested Services, at which point a contract will come into existence between you and us.
3.2 If We Cannot Accept Your Order: If we are unable to accept your order, we will inform you of this and will not charge you for the Services. This might be due to unexpected limits on our resources, errors in pricing or description, or if we are unable to provide the Services based on information provided by you.
4. Physical Activity Readiness Questionnaire (PARQ)
4.1 Confirmation: By engaging in our services, you confirm that you have read, understood, and answered the health questionnaire honestly and in good faith. You agree that we are entitled to refuse or cease providing Services to you if the information provided in the health questionnaire is incomplete or inaccurate, or if providing Services to you may pose a safety risk.
4.2 Informed Consent: Before engaging in any of our services, we require you to complete both an informed consent document, as well as a physical activity readiness questionnaire. (PARQ)
5. Health and Safety Terms
5.1 Understanding and Agreement: You understand and agree that:
(a) Any nutritional guidance provided is targeted at body composition and not medical issues;
(b) Participation in our Services carries inherent risks of physical injury.
5.2 Confirmation:
You confirm that:
(a) You are medically and physically able to safely participate in the Services;
(b) You will update us about any changes to your health or medical issues that arise during the Services.
5.3 Medical Advice: We strongly recommend seeking advice from a qualified medical professional before starting our Services to identify any health issues and ensure suitability. You agree that we shall not be liable for any injury or harm resulting from your use of the Services.
5.4 Advice Disclaimer: Any advice provided by us relates to exercise and nutrition for body composition and is not a substitute for medical advice.
6. Your Rights to Make Changes
6.1 Change Requests: If you wish to make changes to the Services you have ordered, please contact us. We will inform you if the changes are possible and any resulting adjustments to pricing or timing.
7. Our Rights to Make Changes
7.1 Minor Changes: We may make minor changes to the Services, including changes to trainers, to comply with legal requirements, implement improvements, or adjust Services based on your health situation.
8. Providing the Services
8.1 Session Confirmation: Upon confirmation of your order, we will specify the number of Sessions purchased and their expiry dates. Failure to use Sessions within the specified timeframe does not obligate us to provide alternative Sessions.
8.2 Services Expiry: For Services not involving Sessions, we will notify you of the expiry date. We may agree to extend the expiry date, but this is not obligatory.
8.3 Payment Requirement: For Session-related Services, we reserve the right to refuse service if payment has not been made. Sessions will only proceed if sufficient credit is available or autopayment is set up.
8.4 Suspension for Non-payment: Failure to pay may result in suspension of Services. We may suspend Services until outstanding payments are made and will not charge you during the suspension period.
8.5 Delays: We are not liable for delays due to events beyond our control. If substantial delays are anticipated, you may choose to end the contract and receive a refund for any Services not received.
8.6 Facility & Timeslot Availability: We cannot guarantee the availability of all facilities at our gyms, nore the timeslots. We can reserve Timings, or schedule a time however if the times or facility is not available, we are not liable for compensation.
8.7 Reasons for Suspension: We may suspend Services to address facility or equipment issues, legal compliance, or changes requested by you or us.
8.8 Client Notification: We will notify you in advance of any planned service suspensions, except in urgent or emergencies.
9. Your Rights to End the Contract
9.1 Termination before Payment: You may end the contract before making any payments for the Services. We may charge certain sums if you terminate under specific circumstances.
9.2 Termination with Good Reason: You may immediately end the contract if there is a valid reason, such as legal disputes, pricing errors or significant delays. Termination of contracts will be available with a minimum of 1 month's notice and you will subsequently be billed for that final month.
9.3 Session Cancellation Policy: Cancellation of Sessions with less than 24-48 hours’ notice may incur charges. Any members will face charges for cancellations with less than 24 hours notice.
9.4 Attendance Policy: Failure to attend Sessions or contact your trainer for 30 days or more may result in the reallocation of your Trainer and loss of preferred Session slots.
10. Our Rights to End the Contract
10.1 Contract Termination: We may end the contract if you breach it by not making payments, failing to provide necessary information, or not using Services by specified dates.
10.2 Service Cessation: We may inform you in advance of ceasing Services, providing refunds for any prepaid Services not provided.
10.3 Administration Fee: In exceptional circumstances, if we cancel your sessions, an administration charge may apply. This does not supersede our Session cancellation policy.
11. Problem Resolution
11.1 Contact: For questions or complaints about the Services, please contact us using the provided methods.
12. Price and Payment
12.1 Pricing Notification: Prices for Services will be communicated to you, and payment dates will be specified in writing.
12.2 Payment Due Dates for Sessions: Payment schedules for Sessions will be communicated to you upon confirmation of your package.
12.3 Payment Due Dates for Services: Your first payment date is established upon sign-up, with subsequent payments occurring on a monthly basis. Failure to pay may result in suspension of Services and potential contract termination.
12.4 Pricing Variation: Prices may vary based on your selected trainer, online package, gym location and offers.
12.6 Discounts: Any discounts will be communicated to you in writing.
12.7 Price Errors: We strive to ensure accurate pricing. We will contact you for instructions before accepting your order if an error is discovered.
12.8 Billing Discrepancies: If you believe an incorrect payment has been deducted from your account, please contact us promptly to rectify the issue.
12.9 Refund Policy: We do NOT offer any refunds for services. We will try to reschedule missed appointments if they do not fall into our 24-48 hours notice period, however, no refunds for any of our services will be available; besides any deposits made.
13. Our Responsibility for Loss or Damage Suffered by You
13.1 Foreseeable Loss: We are responsible for foreseeable loss or damage caused by our breach of contract However, we are not liable for loss or damage that is not foreseeable.
13.2 Legal Limitations: Our liability is not limited to where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence.
13.3 Business Losses: We are not liable for any business-related losses resulting from the use of our Services.
14. Use of Personal Information
14.1 Information Usage: We will use your personal information to provide and process payment for Services, and may inform you about similar products and services if you consented during the order process.
14.2 Privacy Policy: Our privacy policy governs the processing of all personal data obtained during the provision of Services.
15. Other Important Terms
15.1 Contract Transfer: We may transfer this agreement to another organisation with proper notice. You have the right to end the contract within 3 months of being notified of the transfer.
15.2 Transfer of Rights: You may not transfer your rights or obligations under this contract without our written consent.
15.3 Third-party Rights: This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 Severability: If any part of this contract is deemed unlawful, the remaining provisions shall remain in effect.
15.5 Enforcement Delay: Our delay in enforcing this contract does not waive our right to enforce it later.
15.6 Applicable Law: These terms are governed by English law, and legal proceedings may be brought in English courts.
16. Cancellation Policy
16.1 Whereas the Client agrees that it is his/her responsibility to notify the Coach 24 hours prior to engaging in any scheduled calls, sessions and/or meetings.
16.2 The Coach reserves the right to bill the Client for any missed sessions or meetings.
16.3 The Coach will attempt in good faith to reschedule any missed sessions or meetings.
16.3 Cancellation is only given to any monthly subscriptions, payment will be taken for that working month and subsequently cancelled for the following month.
16.4 If the Coach cannot meet a meeting or session, the Client will be informed within 24 hours' notice and reschedules, subsequently if the coach cannot make the session within the 24-hour window, the session can either be rescheduled or a full refund given for the session.
17 Terms and Conditions
17.1 Our terms and conditions may change to keep up with trends, laws or recent flaws in the operating procedures.
17.2 You may not be notified of changes to our terms and conditions unless change directly impacts the way your sessions are laid out.
17.3 Our Up-to-date terms and conditions can always be found at www.painngain.co.uk/legal
18 Staff & Facility Cancellation
18.1 In the event of a facility or staff withdrawal, we will notify you with a minimum of 2 weeks notice, offering relatable solutions such as facility relocation or staff reallocation if applicable.
18.2 If your sessions cannot be completed, you will instantly be placed into an online contract for the outstanding duration of your time.
The Coach is required to inform Clients of any Holidays which may disrupt normal working procedures.
By continuing with our Services, you acknowledge that you have read, understood, and agreed to these terms and conditions. If you have any questions or concerns, please contact us using the provided contact information.