Terms and Conditions
Application of terms and conditions

 

1.1) Please read this section before completing your booking and ensure that you fully understand our policies and procedures, which will be applicable after enrolment. The Fitness Circle retains the right to amend these terms & conditions as well as the protocols and procedures. Changes after enrolment are only applicable if deemed necessary to comply with current legislation.

1.2) Although the Fitness Circle accepts responsibility of verbal statements made by our mentors, administrators and contracted affiliates, students must ask for confirmation of any deviation to these terms and procedures be put into writing for reference purpose.

 

Application and enrolment process

 

2.1) The application is accepted once payment of registration fee is made.

2.2) Details of the registration cost and course fees will be provided at the point of registration and confirmed to you in writing. By registering you are agreeing to be responsible for the payment of the applicable fees in full.

2.4) The enrolment form serves as the contract between the student and the Fitness Circle. It stipulates the requirements for attendance and payment as described in the application.

2.5) Student must send in valid proof of identification within 7 working days of enrolment to info@thefitnesscircl.co.uk, otherwise potential charges may incur

2.5) If the student’s information provided on the enrolment form change (e.g. change of name/ address/ contact details), the student is responsible to update the relevant information with the enrolment team at the head office.

2.6) On occasions when students have completed pre-requisite qualification that enables them to skip certain modules, they must provide these certificates when enrolling with the Fitness Circle for verification purpose. If the student’s qualification does not meet the required standards, the student must purchase the equivalent outstanding courses or modules.

2.7) The bookings for personal training course (e.g. training days) are subject to availability and are provided on a first come, first serve basis..

2.9) When courses supply PC DVD-ROM products, it is required that student’s accept the End User License Agreement (EULA) prior to first use.

2.10) If The Fitness Circle deems that a learner is unfit to start or continue with a course, they reserve the right to withdraw the enrolment immediately and take relevant legal action if needed.

2.11) When students fail to comply with the standard practices and procedures as stated in this Contract, the Fitness Circle reserves the right to remove these students from the course. The Fitness Circle also reserves the right to refuse enrolment or make suggestions of alternative arrangements, if it believes that it is not in the individual’s, other course participants or the company’s best interest for the student to attend the relevant course.

2.12) When a flexible student does not collect the purchased paperback copy material from the local depot or is unavailable when the material is delivered to the provided address, he/ she is subjected to an additional distribution charge. In cases where students want to replace lost or misplaced paperback material, they will be subject to replacing it for the material’s value as determined by the head office.

2.13) All courses include free postage to addresses within the mainland of UK but requests for outside of that area will be charged at the general rate of postage to the relevant addresses.

2.14) The e-learning platform provides the students with access login details soon after the enrolment form is received. These students are also able to purchase the paperback copy manual at the rate of £70 including postage but the Fitness Circle is not responsible for failed deliveries or non-collections of the hard-copy manuals. In cases where no one is able to sign for the delivery, the learner needs to arrange for collection from the local post office or contact Royal Mail in order to re-arrange for delivery. The tracking numbers are provided on learner’s request.

2.15) After completing each respective practical assessment, the e-learning students must post their learner achievement portfolios for the internal verification process.

Late payments

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.

Cancellations by students and potential charges

 

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, which commences on the first calendar day after booking is completed. 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.

Intellectual property rules

 

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.

Data protection

 

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.

Liability

 

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.

Miscellaneous

 

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

WEBSITE TERMS OF USE

 

By using this website, you are agreeing to comply with and be bound by the following terms and conditions of use. If you do not agree to our Privacy Policy as posted here on this website, please do not use this site or any services offered by this site. Your use of this site indicates acceptance of this privacy policy. Reproduction is production is prohibited other than if approved by us. If you wish to apply for permission to use any of the material found on the The Fitness Circle website, please contact us.

 

LINKS TO OTHER WEBSITES

 

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.

 

FINANCIAL SECURITY:

 

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.