3.1) When agreed instalment payments become outstanding, the relevant learner will not have his / her course work marked, examination processed and his / her access to the on-line account will be restricted until the outstanding payments are made.
3.2) Missed payment of payment plan: £20 charge
3.3) In cases of late payments, the Late Payment of Commercial Debts (Interest) Act of 1998 applies which provides The Fitness Circle with the right to claim interests on outstanding payments.
4.1) If a student wishes to cancel within the 14 days of enrolment, he / she is entitled to a full refund provided that the refund request is submitted in writing within the refund period. The Fitness Circle operates by selling to consumers within distance selling regulations and advises the students to seek further advise from trading standards or their local citizen’s advise bureau.
4.2) In cases where cancellations are requested within the 14 day period, the refund is processed within 30 days from termination and will be credited by card or cheque. Whereas all the courses commence on the day that the fully completed enrolment form is submitted to the head office.
4.3) If you cancel a Course within 28 days of the Commencement Date of the Course then you are liable to pay all Course Fees.
4.3) In cases where a student needs to cancel the courses after the seven-day refund period, there will be a cancellation fee and all payments already made and registration fee will be forfeited. This cancellation can ONLY occur within the first 8 weeks from the enrolment date. Flexible learning students will be charged £200 in cancellation fee.
4.4) If the criteria listed in section 4.3) is met, the Fitness Circle will terminate the course and not pursue any further payments.
4.5) When combined courses are booked (e.g. Level 2 Gym Instructor and Level 3 Personal Training), the courses are treated as a single course and refund therefore not given, in the same manner as downgrades of such course package to a single Certificate (e.g. in Gym Instruction). The student is therefore still liable for the full combination package fee.
4.6) In case of non-attendance to any CPD course, training day or assessment day there will be a £25 fee to rebook, unless the cancellation has been made in writing to the head office, at least four days prior to the course date.
4.7) The Fitness Circle operates on a free, unlimited re-sit policy, except where learners fail to attend assessment without previously notifying the head office team. This will automatically forfeit the right to free re-sits and a fee of £25 is applicable to every subsequent re-sit.
4.8) All courses have a 24-month time frame to be completed from the point of enrolment. This same time frame applies in cases when students purchased a package consisting of multiple courses. If a student fails to complete the course within the given time frame, he / she will be subject to a charge of £450 for re-registration.
4.9) If students wish to transfer their course over to another individual, there will be a transfer fee of £50 and such transfers are ONLY accepted if all previous payments are up to date. The transfer request must be submitted in writing to the accounts department. The transfer fee can be paid either by the leaving student or the one who is taking over the course. When the transfer enrolment form is successfully submitted to the accounts department, the new student may commence learning.
4.10) After a student has taken over courses from a previous students, he / she will NOT be eligible to cancel to course and request refund.
Cancellation and changes by the fitness circle
5.1) The Fitness Circle will not be held liable for any costs and/ or losses that may occur on occasions where it is necessary to change or cancel training days/ assessment days and/ or venues during the course.
5.2) There is no tolerance for any form of abuse towards the Fitness Circle’s staff by students or authorised representative (parent, guardian, friend, etc.). Any person that demonstrates a misappropriate behaviour or conduct will be removed from their course, all payments up until that point will be lost and where necessary, legal action will be taken.
6.1) ‘The Fitness Circle’ is a trademark, it’s name and/ or logo may not be used by anyone outside of the company, unless first receiving a written authorisation from the Fitness Circle Director/s.
6.2) The learning material supplied to students is a belonging of the Fitness Circle until the course fee is fully paid.
6.3) E-learning students receive access to their learning material online as licensees. Once a student completes his / her course or cancels, the license is terminated.
6.4) The Fitness Circle’s students are not allowed to replicate, modify or share the online material they receive access to since it is solely to be used as a learning support for the students.
6.5) Legal actions will be taken against anyone violating these Intellectual Property rules.
7.1) Any data received by the Fitness Circle will be stored according to data protection laws.
7.2) Information about students will only be used for the purpose of maintaining their courses, and to offer courses, products or services of similar nature provided by the Fitness Circle. If a student does not wish to receive such promotional information he/ she should inform the head office accordingly in writing.
8.1) Any claims made against students cannot exceed the value of the respective course.
8.2) The Fitness Circle only accepts responsibility to damages or losses incurred if these results are direct consequences of the company’s breach against these terms and policies or if there is an evidence of a clear negligence.
8.3) The Fitness Circle will not be held responsible for any unforeseen damage or loss incurred.
8.4) The Fitness Circle’s liability includes the following statements, in cases where negligence is apparent:
8.4.1) Negligence or representative’s negligence causing death;
8.4.2 Defective products;
8.4.3) Fraud or any fraudulent misrepresentation.
9.1) According to the Rights of Third Parties Act of 1999, there is no legal right with any third party that is not a part of these terms.
9.2) These terms & conditions are set in accordance with English law and thereby fall under the English jurisdiction.
9.3) On some occasions the Fitness Circle can, at its own discretion, waive accumulated interests, cancellation fees or other cost, which has incurred in accordance to these terms. If such charges are waived, there can be no expectations of any subsequent charges to be waived should these terms be violated again. A student should only consider a term to be permanently waived if he/ she has received a written expression from the Fitness Circle as confirmation.
9.4) It is recommended that the e-learning students have a broadband speed greater than 2 Megabytes per second since the minimum Internet speed for this course is 600 Kilobytes per second. If this option is not available, it is recommended that paper-formatted version be used.
9.5) The Fitness Circle sometimes takes photographs and videos of learners while studying or performing a practical part of the course. These pictures may be used in the Fitness Circle’s marketing and promotional material, unless a student makes an objection in writing to the head office before commencing the course.
9.6) The Fitness Circle asks that a minimum of £200 must be paid towards a course before booking onto assessments. E.g. if you sign up for a special offer with £0 upfront payment, £200 must be paid before an assessment can be booked
Hypertext links to third party websites outside The Fitness Circle are provided for the convenience of users only. The Fitness Circle are not held accountable for the protection and privacy of any information which you provide whilst visiting such websites and are not governed by this privacy statement. The Fitness Circle do not grant permission to use material found on third party websites.
You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by The Fitness Circle. The Fitness Circle will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.