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Fit with Aya
 

Terms & Conditions

Personal Training Services

These Terms and Conditions apply to all personal training services provided by Fit with Aya, operated by Aya Alkawas as an independent personal trainer.

By booking, purchasing, or participating in personal training sessions, the client agrees to these Terms and Conditions.


1. Services

The trainer provides personal training, fitness coaching, exercise guidance, and related support. Training sessions may take place in a gym or another agreed training location.

The trainer will make reasonable efforts to provide safe, professional, and suitable training guidance based on the client’s goals, fitness level, and information provided by the client.


2. Client Responsibility

The client is responsible for informing the trainer before starting training about any injuries, medical conditions, physical limitations, pregnancy, medication use, or other health-related matters that may affect participation in exercise.

The client confirms that they are physically able to participate in personal training. If the client is unsure, they should consult a doctor or medical professional before starting training.

The client is responsible for listening to their body and stopping immediately if they feel pain, dizziness, discomfort, shortness of breath, or anything unusual during training.
 

3. Intake and Health Information

Before starting personal training, the client may be asked to complete an intake form or provide relevant health and fitness information.

The client is responsible for providing accurate, complete, and up-to-date information. The trainer is not responsible for consequences resulting from incomplete, incorrect, outdated, or withheld information.

The trainer reserves the right to adjust, postpone, or refuse training if the information provided indicates that training may not be safe or suitable for the client.
 

4. Injury and Liability

Exercise and gym training always involve a risk of injury, even when exercises are performed with correct technique and under professional guidance.

The trainer will provide guidance on proper form, technique, and safe execution of exercises. However, the trainer cannot guarantee that injuries, pain, accidents, or physical discomfort will not occur.

The trainer is not responsible for injuries, accidents, damages, or health issues that occur during or after training sessions, including injuries caused by:

  • the gym environment;

  • gym equipment;

  • incorrect use of equipment by the client;

  • existing or undisclosed medical conditions;

  • fatigue, overexertion, or personal physical limitations;

  • accidents outside the trainer’s direct control;

  • participation in exercise despite advice to stop, adjust, or reduce intensity;

  • failure to follow instructions from the trainer or gym staff.

The client participates in all training sessions at their own risk.

Nothing in these Terms and Conditions excludes liability where this is not legally permitted, such as in cases of intentional misconduct or gross negligence.
 

5. Gym Access and Gym Environment

Training may take place inside a gym facility that is not owned or operated by the trainer.

The client is responsible for having valid access to the gym or training location. The trainer is not responsible if the client cannot enter the gym due to issues with their gym membership, access rights, QR code, unpaid gym fees, suspension, or gym rules.

The trainer is not responsible for the safety, maintenance, condition, availability, rules, staff, other members, or equipment of the gym facility.
 

6. Gym Rules

The client must follow the house rules, safety instructions, and staff instructions of the gym at all times.

If the client does not follow gym rules, behaves unsafely, or is refused access by the gym, the trainer may stop or cancel the session without refund.

The trainer is not responsible for any decisions made by the gym, including refusal of entry, suspension, changes to opening hours, equipment availability, or changes to gym policy.
 

7. Bookings and Cancellations

Sessions must be booked in advance and are subject to availability.

If the client wishes to cancel or reschedule a session, this must be done at least 24 hours before the scheduled session time.

Cancellations made less than 24 hours before the session, or failure to attend a booked session, may result in the session being charged in full or counted as used.

Exceptions may be made at the trainer’s discretion.
 

8. Late Arrival

If the client arrives late, the session may still end at the original scheduled time.

The full session fee remains payable, unless otherwise agreed by the trainer.


9. Memberships and Monthly Direct Debit

Memberships are billed through a monthly direct debit payment.

By purchasing a membership, the client agrees that the monthly membership fee will be automatically debited from their bank account.

The client is responsible for ensuring that sufficient funds are available for the monthly payment.

Membership conditions, including session frequency, price, duration, and start date, will be agreed with the client before the membership starts.


10. Payment Failure

If a monthly direct debit payment fails, the client must complete the payment as soon as possible.

The trainer reserves the right to pause, cancel, or refuse future sessions until the outstanding payment has been completed.

Repeated failed payments may result in termination of the membership.

The trainer may also charge any reasonable costs related to failed payments or outstanding amounts, where legally permitted.


11. Membership Use and Transfer

Memberships, sessions, and packages are personal and may not be transferred to another person without written permission from the trainer.

Unused sessions may not automatically carry over to the next month unless this has been agreed in advance.

The client is responsible for booking and using their sessions within the agreed membership period.


12. Price Changes

The trainer reserves the right to change prices for sessions, packages, or memberships.

Existing clients will be informed in advance of any price changes.

Price changes will not affect sessions that have already been paid for, unless otherwise agreed or required due to exceptional circumstances.


13. Right to Refuse, Adjust, or Stop Training

The trainer reserves the right to stop, adjust, postpone, or refuse a training session if the trainer believes it is unsafe, unsuitable, or irresponsible to continue.

This may include, but is not limited to:

  • injury or suspected injury;

  • illness or symptoms of illness;

  • pain, dizziness, or discomfort;

  • unsafe behaviour;

  • failure to follow instructions;

  • signs of being under the influence of alcohol or drugs;

  • behaviour that creates risk for the client, trainer, or others.

If a session is stopped or refused due to safety concerns or client behaviour, the session may still be charged in full.


14. Behaviour and Respect

The client must behave respectfully towards the trainer, gym staff, other members, and other clients.

The trainer reserves the right to immediately stop a session or terminate a membership in case of disrespectful, aggressive, inappropriate, discriminatory, threatening, sexual, unsafe, or disruptive behaviour.

In such cases, refunds may be refused depending on the seriousness of the behaviour and any outstanding payments.


15. Termination of Membership

The trainer reserves the right to terminate a client’s membership at any time if there is a valid reason, including but not limited to:

  • inappropriate or disrespectful behaviour;

  • repeated late cancellations or no-shows;

  • non-payment or repeated failed payments;

  • unsafe behaviour during training;

  • failure to follow gym rules;

  • failure to follow trainer instructions;

  • behaviour that negatively affects the training environment;

  • medical or safety reasons that make continued training unsuitable.

If the trainer terminates a membership, any refund will be calculated fairly based on unused paid sessions or the unused part of the membership, unless termination is due to serious misconduct, unsafe behaviour, or unpaid fees.

The trainer reserves the right to deduct any outstanding payments, used sessions, or reasonable costs from any refund.


16. Refunds

Refunds are not automatically provided for missed, cancelled, or unused sessions.

Refunds may be issued at the trainer’s discretion or where required by law.

If a refund is issued, it may be reduced by any sessions already used, outstanding payments, failed payment costs, or reasonable administrative costs.


17. Results

The trainer will support the client with training guidance, motivation, structure, and exercise programming. However, results are not guaranteed.

Progress depends on many factors, including consistency, nutrition, sleep, lifestyle, health, effort, stress levels, and individual body response.


18. Personal Data and Privacy

The trainer may collect and store personal data necessary to provide services, including but not limited to:

  • name and contact details;

  • payment information;

  • health and injury information provided by the client;

  • training goals;

  • progress notes;

  • communication history.

This information will only be used for training, administration, communication, payment processing, and legal obligations.

The trainer will handle personal data carefully and in accordance with applicable privacy laws, including the GDPR/AVG.

The client may request access to, correction of, or deletion of their personal data where legally possible.


19. Force Majeure

The trainer is not responsible for failure to provide services due to circumstances outside the trainer’s control.

This may include, but is not limited to:

  • illness;

  • emergencies;

  • gym closure;

  • government measures;

  • strikes;

  • power outages;

  • public transport disruption;

  • extreme weather;

  • equipment or facility issues;

  • other circumstances beyond reasonable control.

In such cases, the trainer will try to offer a reasonable alternative, such as rescheduling the session.


20. Complaints

If the client has a complaint, they should contact the trainer in writing as soon as possible.

The trainer and client will first try to resolve the matter together in a reasonable and professional way.

Submitting a complaint does not automatically give the client the right to a refund, cancellation, or suspension of payment obligations.


21. Changes to Terms

The trainer reserves the right to update these Terms and Conditions when necessary.

Clients will be informed of important changes where reasonably possible.

The latest version of the Terms and Conditions will apply to future bookings, memberships, and services.


22. Governing Law

These Terms and Conditions are governed by Dutch law.

Any disputes will first be discussed in good faith to try to reach a reasonable solution.

If no solution can be reached, the dispute may be submitted to the competent court in the Netherlands

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