Terms and Conditions.
1.1 These Terms and Conditions apply to any bookings you make with The Workout Training Academy. By booking a course, you agree that these Terms and Conditions shall apply in full to the delivery of the course by us.
1.2 No variation of these Terms and Conditions shall apply unless confirmed in writing by, or on behalf of, a director of The Workout Training Academy.
2.1 All course bookings will be confirmed by us by email.
2.2 Your course is deemed to have commenced from the date of purchase.
2.3 You must complete your course (subject to clause 6.2) within the completion timescales outlined in your Guide to Managing Your Course Booking where your course start date is subject to clause 2.2.
2.4 The Workout Training Academy withholds the right to suspend or cancel your course where you fail to complete the course within the timeframes specified in clause 2.4. Additional fees and charges may apply for materials, attendance sessions and / or assessments that are required beyond the specified completion timeframe up to the value of a repurchase of that course.
3.1 Details of all charges are set out in our Summary of Charges which is contained within the brochure, on the website or can be supplied to you on request. Where applicable, any postage and packaging for course materials sent outside of the UK will need to be paid in full at the time of booking.
3.2 Payment for your course must be made by credit or debit card (or cash or Cheque if pre agreed) at the time of booking.
ii) An administration fee based on the total course value may be charged;
iii) Courses must be paid in full and made by credit or debit card (or cash or Cheque if pre agreed) at the time of booking;
iv) Installments will be collected by Direct Debit or by debit/credit card. A standard Direct Debit agreement will be entered into if this method is undertaken;
v) Any changes to your payment plan are at the sole discretion of The Workout Training Academy and will only be made following a written request from yourself.
vi) Where a loan is offered by a third party lender, you will be redirected to the lender to complete your application. You will be bound by the lender’s terms and conditions for the repayment of the loan.
3.4 The Workout Training Academy must have agreed, prior to booking your course, to accept full or part payment for your course from a third such as from a local council, ELCAS, Career development Loan, Student Loan or other advanced learning loan. No exceptions to these Terms and Conditions are made where you can claim for full or part funding for your course. It is your responsibility to ensure that any reliance on funding is obtained prior to booking. In booking your course you are responsible for the payment of the course fee as detailed
3.5 to 3.8 irrespective to any funding decision made and to any funding claimed at any time.
3.5 All payments are due to The Workout Training Academy & shall be made without any deduction whether by way of set-off, counterclaim, discount, abatement, bank charges or otherwise.
3.6 No payments will be deemed to be made until The Workout Training Academy receives full payment in cleared funds.
3.7 If you fail to make a payment by the agreed times as detailed in 3.2, 3.3. Or 3.4 then you are in debt to The Workout Training Academy for the full course fee less any paid amounts and The Workout Training Academy reserve the right to restrict access to or amend your course bookings, withhold course materials, prevent access to The Workout Training Academy web booking system and / or withhold course / exam results and certificates immediately and with no notice.
3.8 The Workout Training Academy (or agent of) reserves the right to reclaim any outstanding and unpaid amounts, which may include The Workout Training Academy undertaking legal action.
4. Delivery of course
4.1 Dates, times and locations for courses/modules are accurate at the time of booking, however, The Workout Training Academy reserves the right to alter times, dates or locations if this is unavoidable or for reasons beyond our control.
4.2 Course/module descriptions, content and delivery are accurate at the time of booking, however, The Workout Training Academy reserve the right to discontinue courses/modules or make changes to the content and delivery style.
4.3 You are responsible for arranging your own accommodation and any transportation to and from the agreed location as indicated on your booking confirmation.
5.1 You have the right to cancel the course booking and obtain a refund of all fees paid to date if you inform us within 14 days of receiving written confirmation of the booking that you wish to cancel. You should return all course materials at your own expense, together with a letter stating that you do not wish to proceed with the course. This letter must be posted recorded delivery.
Should the course materials be damaged in any way, their cost will be deducted from your refund. If the course is started within those 14 days, you agree that this right of cancellation shall not apply this right of cancellation only applies to booking of the course as a whole and not an individual module.
5.2 If you cancel the course after 14 days of receiving written confirmation of the booking you are liable for the full cost of the course and owe all outstanding amounts at the point of cancellation, irrespective of any The Workout Training Academy Agreement previously entered into
5.3 In the event that you no longer wish to continue your training with The Workout Training Academy and are outside of the 14-day cancellation period, you have the option to transfer your booking to another learner. This is on the condition that you have not already begun completion of the workbooks or attended any part of the practical module(s). This is subject to an administrative fee of £50 (payable by you, not the transferee) and payment in full by the transferee. Use of any third party to advertise the re-sell of your course is strictly prohibited.
5.4 The Workout Training Academy reserves the right to cancel a course and/or module, including but not limited to where course numbers are below our minimum class size, a tutor is ill, or a venue becomes unexpectedly unavailable. In the unlikely event that The Workout Training Academy has to cancel a module, The Workout Training Academy will offer you a choice of alternative dates. If these dates are not suitable for you, The Workout Training Academy will provide a refund up to the value of the modules cancelled (or the proportion of the award if booked as part of an award).
6.1 You can transfer your booking up to four weeks before the commencement of your course/ module to an alternative date subject to clause 2.4 and upon payment of an administration fee in accordance with the current Guide to Managing Your Course Booking. If a change of date is requested less than four weeks prior to the start date of a module, The Workout Training Academy will charge you for the full module/ course fee on re-booking of that module.
6.2 If you wish to transfer a module date due to medical reasons, you will be required to supply a medical certificate within seven days of your request and an administration fee will be charged.
6.3 If you do not attend a module/course without notifying us, it will be treated as a cancellation under clause 5.1 and The Workout Training Academy will charge you for the module/course fee on re-booking of that module.
7. Examination/assessment referrals
7.1 The Workout Training Academy is not obliged to refund your money or offer you an alternative date if you fail to attend an exam.
7.2 If you fail or cancel an assessment or exam you will be charged the current rate for re-booking.
It is your responsibility to re-book your assessment or exam and your booking will not be taken until full payment has been received.
7.3 A referral may be made if the conditions of a practical assessment are not complied with including but not limited to where:
7.3.1 Specific paperwork has not been completed and brought to the assessment
7.3.2 The minimum number of bodies specified in order to meet the awarding body standards is not met.
8.1 Certificates will be issued with the name supplied by you on your booking confirmation. Duplicate copies and replacement certificates can be obtained for a fee.
8.2 No Certificates will be issued unless payment has been received in full.
9. Responsibilities and liability
9.1 The Workout Training Academy does not guarantee that you will pass a course/module or that successfully completing a course/module will provide you with anything other than the qualification granted under that course/ module.
9.2 The Workout Training Academy shall not be liable for any loss, damages, costs, claims, demands, expenses or liabilities of whatsoever nature arising out the delivery of the course/module to you as a result of your act or omission including but not limited to the following:
9.2.1 Your failure to follow any oral or written instructions or recommendations in relation to the course/module
9.2.2 You supply to The Workout Training Academy any information which is inaccurate, false, misleading or out-of date
9.2.3 Any loss or damage to any personal items and valuables which you bring to a course/module.
9.3 Except in respect of death or personal injury caused by The Workout Training Academy negligence or the negligence of our tutors, The Workout Training Academy shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty
at common law, or under the express terms of these Terms and Conditions, for any loss of profit, pure economic loss, loss of business, depletion of goodwill or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by us or our tutors, employees, agents or subcontractors) which arise out of or in connection with the delivery of the course/module or your participation in it and use of its qualification by you.
9.4 The Workout Training Academy entire liability to you under or in connection with these Terms and Conditions shall not exceed the amount equal to the fees paid by you.
9.5 If you knowingly have a specific learner need or disability & have not disclosed this at booking which results in you being unable to complete the course, you will not be eligible for a refund.
Terms and Conditions
10. Data protection
10.1 It is The Workout Training Academy policy to respect the privacy of its clients. We will not disclose the details and information provided by you to any third party without your consent unless we are specifically required to do so by law or in response to a valid, legal request by a law enforcement, governmental authority or regulatory body.
10.2 By making a booking, you acknowledge and consent that we may store and process your personal details and information (for example your name, address, telephone number and email address) in accordance with any relevant data protection legislation and that we may use this information for the purposes outlined in these Terms and Conditions. We maintain databases of our clients both manually and electronically. We use this information from time to time for mailing information about the services that we offer and those of our carefully selected partners. We always ensure, however, that we handle data about our clients in accordance with the provisions of the Data Protection Act 1998. If at any time you do not wish us to provide you with this information or to retain your details on our system then please inform us in writing.
11. Course materials
11.1 All intellectual property rights in course materials are owned by The Workout Training Academy. You agree not to replicate, alter, modify or distribute the materials or do anything which would infringe our rights in them. For the avoidance of doubt ‘intellectual property rights’ shall mean any patents, design rights, trademarks, service marks (in each case whether registered or not), applications or rights to apply for any of the foregoing, database rights, know-how, trade or business names, rights in confidential information, goodwill and other similar rights existing in any part of the world.
12.1 You are responsible for providing us with your correct personal details and information and for informing us of any changes.
12.2 Any notice required under these Terms and Conditions or by statute, law or regulation shall (unless otherwise provided) be in writing and delivered in person, sent by facsimile or registered mail or sent by email or facsimile to the respective parties address as set out on the booking form or as each party may from time to time designate by notice hereunder. Any such notice shall be considered to have been given on the first working day of actual delivery or sending by facsimile or email or in any event within two working days after it was posted in the manner hereinbefore provided.
12.3 References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
12.4 Failure or delay by The Workout Training Academy in enforcing or partially enforcing any provision of these Terms and Conditions shall not be construed as a waiver of any of its rights under these Terms and Conditions. No waiver of any of these Terms and Conditions by either party shall be deemed to be a further or continuing waiver of any subsequent breach of that term or condition or any other term or condition.
12.5 You shall not be entitled to assign or sub-license or part with possession of any of your rights or liabilities hereunder. The Workout Training Academy shall be free to sub-contract the performance of all or part of
its obligations hereunder 12.6 A person who is not party to the contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms and Conditions.
12.6 These Terms and Conditions and any disputes or claims arising out of or in connection with their subject matter are governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions.