TERM'S & CONDITION'S

1. Introduction

1.1 These Terms and Conditions apply to any bookings a student makes with The Fitness Directory. By booking a course, the student agrees that these Terms and Conditions shall apply in full to the delivery of the course by The FitnessDirectory and that they form part of the contract between the student and The Fitness Directory. 1.2 No variation of these Terms and Conditions shall apply unless confirmed in writing by or on behalf of the Head of The Fitness Directory. These Terms & Conditions are subject to change at the discretion of The Fitness Directory. 1.3 When a student is accessing subsidised training through a funded project or scheme, all Terms & Conditions will apply (except for terms regarding initial payment for the course). Depending on the type of funding accessed additional terms & Conditions may apply; please refer to the relevant sections below.

2. Bookings & payment

2.1 Postal and fax bookings will always be processed on a first come, first served basis, and will only be accepted when accompanied by a completed, dated and signed application form and appropriate payment.

2.2 Full payment, direct debit set up or Advanced learner loan application and legally binding commitment to pay the balance, is required at the time of booking. Course payment includes a non- refundable deposit (variable dependant on course type).

Failure to pay by the due date will result in the booking being cancelled and all payments made to-date will be forfeited without liability on behalf of The Fitness Directory.

2.3 For courses paid by companies rather than individuals, The Fitness Directory requires a completed and signed application form and Purchase Order Cover Sheet which includes (in block capitals) the full name, address, email address and telephone number of the authorising signatory, accepting our Terms and Conditions.

2.4 A direct debit instalment payment plan is available for some of The Fitness Directory courses. Additional Terms &Conditions are as follows: Once a direct debit instalment plan is set up the student is required to complete all payments even if they are unable to attend the course. If the booking is cancelled for any reason, the financial service administration fee charged will still be due and not be refunded. Failure to pay on time may result in the booking being cancelled and all payments made to date will be forfeited without liability on behalf of The Fitness Directory. Certificates will not be issued unless all fees have been paid in full.

2.5 All course bookings will be confirmed by The Fitness Directory by email. The student has the right to cancel the course booking and obtain a refund of all fees paid to date if the student informs us within 14 days of the booking that they wish to cancel. The student should return all course materials at their own expense, together with a letter or emails tating that they do not wish to proceed with the course. If a letter is chosen form of communication then it should be posted recorded delivery. Should the course materials be damaged in any way, their cost will be deducted from any fees refunded. If the course is started within those 14 days, the student agrees that this right of cancellation shall not apply.

2.6 Details of all charges are set out in our Summary of Charges which is attached to these Terms & Conditions.

2.7 Requests for cancellations must be made via email. Cancellations will be confirmed by email and any refunds agreed will be processed within ten working days.

2.8 Details of all charges are set out in our Summary of Charges which is attached to these Terms & Conditions.

2.9 Post and packaging for course materials sent outside of the UK will be charged to the student.

2.10 All payments due to The Fitness Directory shall be made without any deduction whether by way of set-off,counterclaim, discount, abatement, bank charges or otherwise.

2.11 No payments will be deemed to be made until The Fitness Directory receives full payment in cleared funds.

2.12 Any money paid that is not used for a course within one year of the date of payment will be forfeited.

2.13 Students must raise any billing/receipt queries via email with The Fitness Directory within 2 months of their course start date. Any queries relating to invoices, receipts, etc. from bookings older than 2 months will result in an administration charge as The Fitness Directory maintains a data archival process to optimize the performance of their databases

For Advanced Learner Loans Only

2.14 Students are responsible for the completion of all paperwork in regards to the Learning Loan. A loan must be approved, survey completed and all associated information provided a maximum of 14 days after booking the course.Failure to do so will result in the loss of the course booking and deposit will be forfeit. 2.15 Students paying for courses under the Advanced Learner Loans scheme will be subject to these Terms and Conditions in all clauses excluding that of payment.

2.16 Students will be required to pay a deposit which, depending on the amount of funding received, may be refundable upon achievement of the qualification. All Refunds will be processed within ten working days.

2.17 In the event that funding does not cover the full course cost, the student is required to pay the difference.

2.18 Students may not cancel their course booking after the 14 day cooling off period; in the event that a student cancels10
their payment agreement with the Student Loans Company the student is liable to pay any outstanding fees.

2.19 Students are required to achieve the full qualification, including evidence of all prerequisites where appropriate,within the funding end date. The end date will be specified within your Loan and Information Funding letter. The FitnessDirectory cannot guarantee that students who complete qualifications outside of this timeframe will be eligible for certification.

3. Delivery of the course

3.1 Dates, times and locations for courses are accurate at the time of booking; however The Fitness Directory reserves the right to alter times, dates or locations if circumstances dictate.

3.2 The student is responsible for arranging their own accommodation and any transportation to and from the agreed location as indicated on their booking confirmation.

3.3 Venue membership is not included in the course fees. Students should consult the confirmation email regarding the policy on usage.

3.4 If students are unavailable when course materials are delivered to the address provided and they are not collected from the local depot an additional distribution fee may be charged.

4. Cancellation

4.1 No refunds will be given for any cancellations made by the student. All fees paid to date being forfeited and all outstanding balances being passed The Fitness Directory’s debt recovery department. The student will remain liable for the full amount of the course fees.

4.2 Students will have a maximum of a 14 days cooling off period starting from the course booking date. Within this fourteen-working day period students will be able to cancel their course and receive a full refund.

4.3 In the event a booking is made and no payment is received The Fitness Directory will auto-cancel the booking within7 days. If the course starts sooner than the intended 7 days then a cancellation will be made earlier at the discretion of The Fitness Directory.

4.4 In the unlikely event that The Fitness Directory has to cancel a course they will offer the student a choice of alternative dates for the same course. Transportation and accommodation costs will not be covered.

4.5 If a student stops attending a course, this will be treated as a cancellation.

4.6 Where a student fails to attend 100% of a course for any reason, The Fitness Directory reserves the right to cancel the student from the course, resulting in all fees paid to date being forfeited and all outstanding balances being passed The Fitness Directory debt recovery department. The student will remain liable for the full amount of the course fees.Specific course requirements are outlined in marketing material and in booking confirmation information.

5. Transfers

5.1 The student must notify The Fitness Directory in writing if they wish to transfer their original booking to an alternative11
date (except for assessment transfers which can be requested by telephone). All transfers up to 28 days before the course start date will be subject to a transfer fee. See page 31 for transfer fees. If a transfer is requested less than 28days before the start date of a course, The Fitness Directory will not transfer the booking.

5.2 A transfer can be made once only.

6. Examination/assessment referrals

6.1 The Fitness Directory are not obliged to refund any fees or offer an alternative date if a student fails to attend an exam.

6.2 If a student refers or cancels an assessment or exam they will be charged the current rate for re-booking. It is the student’s responsibility to re-book their assessment or exam and the booking will not be taken until full payment has been received.

6.3 If the conditions of a practical assessment are not complied with by the student they may not be assessed.Assessment instructions are given on the course.

6.4 Transfers from assessments are treated in the same way as courses (see clauses 4 and 5)

7. Certificates

7.1 Certificates will be issued with the name supplied on the application form and/or confirmed in the confirmation email.It is the student’s responsibility to ensure that the information held by The Fitness Directory is correct.

7.2 Certificates will not be issued unless all fees have been paid in full and all requested documents have been received including all outstanding direct debit payments.

7.3 All certificates produced by an Awarding Organisation will be sent via Recorded Delivery (unless expressly requested otherwise by the student) and a signature will be required.

7.4 Certificates produced by The Fitness Directory will be sent by email. Students may request a hard copy of their ertificate at an additional cost.

7.5 Replacement certificates can be obtained at the charge applicable at the date of ordering.

8. Responsibilities and liability

8.1 The Fitness Directory does not guarantee that a student will pass a course or that successfully completing a course will provide a student with anything other than the qualification granted under that course.

8.2 The Fitness Directory shall not be liable for any loss, damages, costs, claims, demands, expenses or liabilities of whatsoever nature arising out of the delivery of the course to a student as a result of their act or omission including but 12
not limited to the following:

I. The student’s failure to follow any oral or written instructions or recommendations in relation to the course/assessment.

II. The student supplies to YMCA Fitness Industry Training any information that is inaccurate, false, misleading or out- of-date.

8.3 Any loss or damage to any personal items and valuables which the student brings to a course. Except inrespect of death or personal injury caused by The Fitness Directory’s negligence or the negligence of their tutors, The Fitness Directory shall not be liable to the student by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the expressterms 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 The Fitness Directory tutors, employees, agents or subcontractors) which arise out of or in connection with the delivery of the course/assessment or the student’s participation in it and use of its qualification by them.

8.4 The Fitness Directory entire liability to the student under or in connection with these Terms and Conditions shall not exceed the amount equal to the fees paid by them.

9. Data protection

9.1 It is The Fitness Directory’s policy to respect the privacy of its students. In order to support students’ learning, they will disclose students’ details and information to the tutor(s) delivering the course and also any funding/training partners specific to the student’s course but they will not disclose the details and information provided by the student to any other third party without their consent unless:

I. they are specifically required to do so by law.

II. it is in response to a valid, legal request by a law enforcement or governmental authority.

9.2 By making a booking, the student acknowledges and consents that The Fitness Directory may store and process their personal details and information (for example their name, address, telephone number, email address and disclosed medical conditions/learning needs) in accordance with any relevant data protection legislation and that they may use this information for the purposes outlined in these Terms and Conditions. The Fitness Directory maintain databases of their students both manually and electronically. They use this information from time to time for mailing information about the services that they offer. They always ensure, however, that they handle data about their students in accordance with the provisions of the Data Protection Act 1998. If, at any time, a student does not wish The Fitness Directory to provide them with this information or to retain their personal details on the database then please inform The Fitness Directory in writing.

10. Ownership of course materials

10.1 All intellectual property rights in course materials are owned by external awarding bodies. The student agrees not to replicate, alter, modify or distribute the materials or do anything which would infringe upon any rights. 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.

11. Student responsibilities

11.1 It is the student’s responsibility to ensure that The Fitness Directory holds his or her correct personal information.The Fitness Directory will not be liable for any errors due to incorrect personal information supplied by the student.

11.2 The Fitness Directory will offer support to students with individual learning needs and/or disabilities. It is the student’s responsibility to inform The Fitness Directory of any individual needs at the time of booking so that appropriate support can be provided.

11.3 All students must comply with the legislation relevant to the working areas and behave in a manner that does not puthim/herself or others at risk. All students must familiarise themselves with Fire Evacuation Procedures. Corridors and stairways, which are provided for the safe passage of people using the venues, should not be obstructed.

11.4 All students must comply with the Teaching & Learning Agreement. Any student found guilty of breaching the Agreement will be removed from the programme and all fees paid will be forfeited. If any student’s behaviour results in breaches of the law, The Fitness Directory reserves the right to involve the police and to prosecute the individual(s)concerned.

11.5 Students are required to complete all assessment components for their qualification within one year from the star tdate of their course. With the exception of where a course has been funded with an Adult Learning Loan (ref: 2.18). TheFitness Directory cannot guarantee that students who complete qualifications outside of this timeframe will be eligible for certification.

12. General

12.1 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 application form or as each party may from time to time designate by notice here under. 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 here in before provided.

12.2 References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute of provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.

12.3 Failure or delay by The Fitness Directory in enforcing or partially enforcing any provision of these Terms andConditions 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.

12.4 The student shall not be entitled to assign or sub-licence or part with possession of any of their rights or liabilities here under. The Fitness Directory shall be free to subcontract the performance of all or part of its obligations hereunder.

12.5 A person who is not a party to the contract has no right under the Contracts (Rights of Third Parties) Act 1999 toenforce 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 laws 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. 14

12.7 The Fitness Directory is a Trading name of The Fitness Directory Limited (Address TBC), company number11806224, registered in England.

All students will be required to sign to say they have read and understood these Terms and Conditions and if applicable the additions terms and conditions relating to payment by instalments on the first day of their course.

Additional Charges Price List (if applicable)

Replacement certificate charges

Additional resources & courses charges

Assessment fees