Terms and conditions

Please read these terms and conditions (the "Ts&Cs") carefully before making your booking. By making a booking with David Newport, you are confirming that you have read the Ts&Cs and agree to be bound by them. David Newport may change these Ts&Cs from time to time. By signing this document you are accepting that you are bound by the current Ts&Cs. You should check these at regular periods. These Ts&Cs form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

CONTRACT

David Newport owns and operates www.davidnewport.org. Postural classes (or other fitness and exercise classes) are supplied by David Newport subject to the following express Ts&Cs.

These Ts&Cs govern the use of www.davidnewport.org, the provision of services by David Newport to you, and the use by you of any facilities in which David Newport operates.

In these Ts&Cs:

  • "Member" means any person whose enrolment has been accepted by David Newport;

  • "we"/"us"/"our" means David Newport, davidnewport.org and/or any person employed to represent him, and "you"/"your"/"yours" means you, the Member;

References in these Ts&Cs to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender and vice versa.

These Ts&Cs constitute the terms of the contract ("the Contract") between us for the supply of services to you. The Contract will only arise once we have confirmed to you by email the particulars of your order. The Contract cannot otherwise be varied other than by express signed agreement with us in writing. This specific contract, release of liability, consent, and agreement is continuously valid indefinitely.

BOOKINGS, PAYMENT AND CANCELLATIONS

All private sessions are conducted as one-to-one (one trainer, one client) unless otherwise agreed upon. Semi-private (one trainer, more than one client) may have a different fee structure as notified in advance. Changing from private to semi-private is only with the consent of the coach, and payment of any difference in fee. Changing from a paid semi-private to private will not lead to an automatic refund.

 

All private and semi private sessions that are not rescheduled or cancelled 24 hours in advance will result in forfeiture of the session and a loss of the session's fee. Cancellations must be made verbally, or by text or email, the 24 hrs being the time of the message as that is what is within your control.

Private or semi private session fees may be increased by us at any time. We shall give a minimum of 14 days notice prior to any such increases.

Clients arriving late will receive the remaining scheduled session time, unless other arrangements have been previously made with the trainer. If the client arrives more than 15 minutes late the session will be assumed to be a no show and will be charged, unless agreed by the coach.

No personal training refunds will be issued for any reason, including but not limited to relocation, illness, and unused sessions.

In the event that we cancel a session, class or classes that you have booked, we will contact you by e-mail or telephone and offer you the choice:

  1. refunding the price of the cancelled class or classes; or

  2. being transferred to a class at an alternative date and time.

All general group mat classes are to be paid up front for block payments, pay as you go will be collected on the day. All group mat courses are non refundable.

Out of consideration for the instructor and other members, and also for your own safety (the warm-up/introductory period is an important aspect of each class) please be aware that if you are more than 10 minutes late for a class, you may not be able to train.

Payment is made by cash, cheque, online transfer or by PayPal. A £25 fee will be charged for each returned cheque. Payment is required for blocks of sessions in advance of actual training sessions.

davidnewport.org has the right and the authority to terminate the program at any time, with no refund, if I do not follow the program or fail to conduct myself in an appropriate manner.

FORCE MAJEURE AND LIMITATION OF LIABILITY

We shall not be liable to you, or deemed to be in breach of these Ts&Cs, by reason of any delay in performing or any failure to perform any of our obligations in relation to these Ts&Cs, if the delay or failure was due to any cause beyond our control, including, but not limited to: Acts of Gods, explosion, flood, tempest, fire or accident, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. viruses, difficulties in obtaining materials, labour, fuel, machinery, power failure.

We are not responsible for any particular session, instructor and/or item of equipment not being available for whatever reason. We may make changes to the sessions, instructors and/or equipment provided to Members without notice and in our absolute discretion, and we will not be liable for any losses, damages or liability (whatsoever) arising from such changes except insofar as the same is incapable of exclusion by law.

We accept no liability for loss or damage to your property or for injury to you in or outside of sessions/classes provided by us except insofar as such loss damage or injury is incapable of exclusion by law and you hereby agree to waive and release us from any and all claims proceedings or actions for any liability (including damage to health) or loss resulting from participation in activities conducted by us or use of our equipment or facilities save where waiver and release is prohibited by law.

WAIVER

Save as expressly set out herein, no delay or failure by either party to exercise any of its powers, rights or remedies under these Ts&Cs will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.

SEVERABILITY

If any part of these Ts&Cs is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Ts&Cs, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.

ENTIRE AGREEMENT

These Ts&Cs together with our order confirmation constitute the entire agreement between the parties and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between the parties hereto and touching and concerning their subject matter.

GOVERNING LAW AND JURISDICTION

These Ts&Cs shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.