About Benswic - Mission - New York City, NY

Terms and Conditions

OBLIGATION

Benswic designs a safe program of exercises, sports activities and much more where the client’s goals are met. Benswic will provide the appropriate coaching, supervision, advice and support that the client may need to help them achieve it's goals.


In regards to personal training, should for any reason or your sessions needs to be cancelled by Benswic for any reason, a new session will be scheduled with you. If you're a school and you need to switch up certain days or sessions we could try to accomdate.


All client information will be kept strictly private and confidential. If Benswic require further information from a practitioner, a parents consent and etc...the client must provide such details to continue.


Clients should dress and behave appropriately for a professional gym environment. Schools, please allow parents to have each of their kids come in athletic wear.

Trainer’s Obligations

The Trainer will use his/her skills and knowledge to design a safe programme of exercise that will take into account your lifestyle, personal goals, fitness levels and medical history.


The Trainer will provide the coaching, supervision, advice and support that you will need to achieve your goals. Apart from the initial consultation (and the first personal training session if taken immediately afterwards) each personal training session will last 60 minutes (a “Session”).


You understand that the results of any fitness programme cannot be guaranteed. Your progress depends on your effort and co-operation in and outside of the sessions. In particular you acknowledge that individual results may vary and no particular result is guaranteed by your Trainer. All Client information will be kept strictly private and confidential.

Your Obligations

It is understood between you and your Trainer that both must commit to your training programme 100% in order for you to achieve results.


You are required to arrive on time for each Session so that the Trainer’s full training plan is achieved on each visit. You are required to wear appropriate clothing and footwear. You are required to complete a Physical Activity Readiness Questionnaire (a “PARQ”) before undertaking your first personal training session.


Your Trainer may require a letter of ‘medical clearance’ from your GP. Please be aware that your GP may charge for providing this letter.


You understand and agree that it is your responsibility to inform the Trainer of any conditions or changes to your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury.


If your Trainer requires further medical information from a practitioner, you must provide such details. You understand that there are inherent risks in participating in a programme of strenuous exercise. If you sustain or claim to sustain any injury while participating in training, you acknowledge that the Trainer is not responsible, except where the injury was caused by his/her gross negligence or intentional act.


Your Trainer cannot be held liable in any way for undeclared or unknown medical conditions.

Term & Acceptance

All our services will be for the term agreed upon by the client and Benswic.

Fees

Coaching and training fees are paid in various ways depending on our services. Fees are issued directly to the client when services are retained and are due upon booking. Payments will then be made on a monthly basis on a set date each month. All payments must be paid electronically by card or check.

Rescheduling appointments

We understand that sometimes you may need to reschedule an appointment. We will do our best to accommodate your request. If your trainer is unable to find an alternative time, and your request is placed less than 24 hours prior to the appointment, you will be charged for the appointment (except under special circumstances or in case of emergency).

Cancellations

Cancellations to clients that personal trains with any of our trainers, must be made at least 24 hours in advance of scheduled sessions. Sessions cancelled less than 24 hours will be charged as a session. The cancellation policy will be adhered to in all cases when the client is unable to attend including when illness, work or family commitments prevents attendance and 24 hours’ notice has not been given.

Late Arrivals

Sessions shall be approximately 60 - 90 minutes in length (depending on package and service) and shall start at the scheduled time. Sessions will not be extended due to the lateness of Client due to interruptions caused by the client. Any Client who has not arrived within 10 minutes after the scheduled time shall be deemed to have cancelled and will be charged for that entire session.

Expiration of sessions

Benswic understand there is a need for a degree of flexibility and roll-over to allow clients to complete purchased sessions but this must be limited to within the contracted term due to space and client capacity restrictions. All paid-up sessions must be completed within the committed program duration. In the event that a medical problem or other major issue that prevents completion of the contracted sessions within this time period, Benswic may, at their discretion, allow a suspension of contract. This is chargeable with a place-retainer fee of $25 per month for up to a maximum of six months. In all other circumstances the Client will forfeit unused sessions.

Refunds

Should a refund be required to be given to the client by Benswic or the independent Personal Trainer our policy is a 14 day period for return of funds or part funds should some sessions already have been used by the client.

Liabilities

The client must complete a PAR-Q before commencing any exercise program and confirms that he/she is in good physical condition, that he/she is capable of engaging in active or passive exercise and that such exercise would not be detrimental to his/her health safety or physical comfort. Benswic cannot be held liable in any way for undeclared or unknown medical conditions.


This Liability section applies only to the extent permitted by law. Benswic excludes all liability for death, injury or damage caused by the client carrying out exercises incorrectly, contrary to the instructions or advice of the health professional or carried out without the supervision of a Benswic personal trainer. You as the client agrees to fully release Benswic (As well as any of its owners, employees or independent contractors) from any and all liability, claims and / or litigation actions that buyer may have for injuries, disability, or death or other damages of any kind including but not limited to punitive damages arising out of participation in Benswic activities including but not limited to the personal training programs and the physical activates even if caused by the negligence, international acts or omissions and / or any other type of fault of its owners, employees or other authorized agents including independent contractors. For the avoidance of doubt, Benswic does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from negligence or willful default by Benswic (As well as any of its owners, employees or independent contractors). Benswic will do it’s best to correct errors and omissions as quickly as practicable after being notified of them but does not accept for any errors and omissions and reserve the right to change information, specifications and descriptions of listed packages and services.

General

You understand that in the unlikely event of your Trainer being unable to continue your training, for any reason, you can request a full refund from your Trainer for any unfulfilled Sessions. The Trainer has the right to change these Terms and Conditions, for example, to be able to offer new services or as required by law. The Trainer will notify you of any change. When such a change(s) is made, if dissatisfied you can cancel this agreement once you have made any payments already due to the Trainer. You are responsible for keeping all your contact information and marketing preferences up to date with the Trainer. In order to comply with the Data Protection Act 1998, the Trainer will only do what you ask him/her to do, or what you have given him/her permission to do with any personal or sensitive information held about you. Your training may be filmed or pictures taken for marketing purposes. Your participation in a Session means you consent to photography, filming and sound recording which may include you as a Client and its use in commercial distribution without payment or copyright. This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts.

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