Definitions and Interpretation

References to “We”, “Us” or “Our” shall be references to TheraGym.

References to “Course(s), Qualification(s) or Clinic(s)” means the ability to purchase/book services with Us.

References to “You”, “Your(s)”, “Student(s)” or Potential Student(s) shall be references to You.

References to “Services” or “Systems” means services, content systems and information made available and/or shared with you.

References to “Terms” or “Agreement” means the terms and conditions herein and any other terms that govern your use of our Services.

This Agreement

This agreement is between you and TheraGym. Our terms and conditions are there to help you understand how we operate our practice.

Please read these terms and conditions carefully. They provide the basis on which you will be provided services by TheraGym.

Application of Our Terms

TheraGym may amend our terms and conditions (protocols and procedures included) from time to time. Please review this page prior to booking to check current policies and procedures as you will be subject to them when enrolling. Terms and procedures after you have enrolled will only change if required by law, government or regulatory authority to comply with new enforced protocols.

TheraGym Training Academy Ltd, trading as TheraGym accepts responsibility for our verbalised statements made by our employed staff, however, we do ask for students to always ask for confirmation of deviations from our terms and procedures to be put in writing for reference.

Application, Enrolment and Payment

Application will only be accepted once we receive the full registration fee/deposit, a fully completed enrolment form, an accepted form of identification and the successful setup of a monthly payment plan which will be collected via Direct Debit each calendar month if you opt not to pay for you course in full.

Enrolments must be made on an official enrolment form and submitted to us via email at enrol@theragym.co.uk.

The enrolment form must be completed clearly and accurately. Please note that the name on the enrolment form will be the name issued on the certificate(s). Please email enrol@theragym.co.uk with any changes to your name or address as TheraGym take no responsibility for errors and/or outdated information. Any amendments to certificates required by students will incur an administration and distribution fee of £40. If you have not informed our student support department of a change of address and the certificate is sent to an old address, the same administration and distribution fee of £40 will apply.

It is a student’s responsibility to update TheraGym on any changes to their personal information since their enrolment (medical status, full name, address, email or contact number). Please note that you will be certified by the name you place on this enrolment form unless we are otherwise notified in writing.

The completed enrolment form contracts you to attend and pay for the course(s) as outlined in the application.

Students that have pre-requisite qualifications which enables them to fast track module(s) or course(s) must provide a copy of their certificate(s) at the point of enrolment for verification. Students qualifications that are not valid or do not fully comply with our awarding organisations requirement(s) may purchase the course(s) or module(s) that are missing at the same value of the course at enrolment.

All bookings are subject to availability and are on a first come, first served basis.

Students that wish to upgrade their method of study, course or equivalent must complete a new enrolment form with an amended payment plan if on a payment scheme. There is no requirement for students to re-send copies of identification or head and shoulder image during this process. It is made clear that students will not be permitted to downgrade their method of study, course or equivalent as costs associated with their learning will have been paid to venues, tutors and assessors respectively.

All modular bookings for the part-time or online gym instructing, personal training or advanced personal training courses must be made via the learning platform. Only once you have received a confirmation email from the head office team will you be eligible to attend.

CPD courses must be booked via our learning platform. CPD courses must be attended for the duration stated on your confirmation email. Failure to attend the full duration of the course will result in non-certification.

Students wishing to add three or less CPD courses will not be required to submit another enrolment form. The request to add the CPD courses must be in writing to info@theragym.co.uk. Payments for three CPD courses or less must be paid for in full. Consent will be issued in writing and confirmed upon the student receiving an email from head office containing the details of the course(s) added and with confirmation of payment.

The full course fee is payable at the time of booking or in instalments as agreed with head office and remains subject to the continued setup of a Direct Debit.

The enrolment form will only be accepted with the registration fee/deposit (as a minimum) of £150 or full fee. The registration fee/deposit and your first payment are non-refundable after a 14-day cooling off period. Eligibility for a full refund is applicable in the first 14 days in adherence with the distance selling law. This only applies if you have booked over the phone or via email and have not accessed any of our learning resources or student platform. Please note that there is a no refund policy if you have attended any of our courses in person within the 14 days period. The 14-day cooling off period will not apply if you enrolled on any of TheraGym’s premises.

Late Payments and Late Cancellations

All students who have made an agreement to pay in instalments and who are not up to date with those instalments, will not have their work assessed, examinations processed and access to any online account will be restricted until outstanding fees are paid and brought up to date, unless otherwise agreed by head office. TheraGym permits students to take a three-month payment freeze in total during their contract. The payment freeze may be in three separate calendar month blocks or all three months in one go. During the payment freeze, students will be unable to have their work assessed, examinations processed and access to any online account will be restricted until such time that payments resume.

TheraGym operates a 0% interest policy on all its course payment options. TheraGym utilises GoCardless or Standing Order to process monthly transactions. If a payment is missed there will be an automatic reattempt to collect the payment through whichever medium you use to pay for up to 30 days in line with the direct debit guarantee. If payments continue to decline, TheraGym will notify the student to bring their account up to date via email. Payments and interest will be charged at 5% above the base rate on any future late payments. Students will be notified by the student support department in writing if this occurs. Access to our student platform will also be suspended.

Students who cancel their mandate without prior consent from TheraGym during a payment plan will be given 30 days to bring the account back up to date. Failure to do so will result in their details being passed on to our third party legal team and may lead to legal action being taken to recover the outstanding full course balance, loss of interest and our affiliated legal costs.

Late Payment of Commercial Debts (Interest) Act 1998 will be applied to businesses who pay late, allowing us to claim for the interest.

Cancellations by Students and Potential Changes

TheraGym operates selling to consumers within distance selling regulations and we advise all students to seek advice from trading standards or their local Citizens Advice Bureau regarding cancellations. Students wishing to cancel within the first fourteen days will be entitled to a full refund subject to having not accessed the online learning resources or attended a TheraGym venue. The fourteen-day refund period will commence the calendar day a booking is made. Notifications for cancellation and request of a refund MUST be made in writing via email to info@theragym.co.uk.

If cancellations are utilised during this fourteen day period, refunds will be processed within 30 days of termination, and will be credited back to the student using the same method of payment made when enrolling. Please note online and part-time learning courses commence on the same day the enrolment form is successfully completed and returned to head office, hence legal rights to cancel within a fourteen working day period outlined in the distance selling act are void. Full Time courses commence on set dates, therefore course refunds are only applicable within the first fourteen days of the successful return of the enrolment form. If you attend a Full-Time Course within those fourteen days, the course refund will be void in coherence to distance selling law.

TheraGym understand circumstances may lead to a student needing to cancel their course(s) after the refund period. Cancellations can ONLY occur within the first 30 days from the point of enrolment onto the course and all payments and registration fees up to this point will be lost. In addition, there will be a cancellation fee applied. The cancellation fee is £250, this must be paid in full unless authorised by a member of the TheraGym student support team. Cancellations will not be accepted if there are outstanding charges due or monthly payment plan fees owed. Cancellations MUST be in writing to the student support team on info@theragym.co.uk.

If the above criteria are met, TheraGym will terminate your learning and not pursue any further payment.

Bookings for the combination packages for example, level 2 gym instructing and level 3 personal training course will be treated as a single course. Refunds will therefore not be given for course downgrades. For example, a combination package downgraded to Certificate in Gym Instruction booking will still be liable for the full combination package fee.

Non-attendance of any CPD course, training day or assessment day will occur a £50 charge to re-book, unless cancellation is made 48 hours prior to the course in writing the tutor department on bookings@theragym.co.uk.

TheraGym operate a free, unlimited re-sit policy, however any learners that fail to attend assessments booked without previously notifying TheraGym’s student support department will automatically forfeit their right to free re-sits. In this instance, a £50 fee will be applied to every subsequent re-sit.

All courses have 24 months to complete from point of sitting the first assessment per course level. If a student has purchased a package consisting of multiple course. E.g. Level 2 gym instructing and level 3 personal training. Students will still adhere to the 24-month time frame each time a new level commences in order to get those qualifications completed. If a student expires this time frame they will be subject to a £495 re-registration charge for the level they are on, regardless of being on a course up to a level 3 exercise referral or level 4 course, the same will apply.

Students who wish to transfer their course over to another individual course will be liable for a transfer fee of £50. Once this payment is received we will cease any future payments from that respective student. Transfers will ONLY be accepted if all previous payments are up to date and the transfer request is placed in writing addressed to the student support department. The transfer fee can be made by either the leaving student or the student whom is taking on the course. The student taking over the course may commence learning as soon as the transfer enrolment form is successfully returned to the student support department.

Students who have had courses transferred to them will NOT be eligible to cancel the course or obtain any refunds.

Cancellations by TheraGym

It may be necessary from time to time to change or cancel training days, assessment days and venues from those published. TheraGym will not be held liable for any costs/losses incurred as a result of any such changes, such as travel or accommodation.

Flexible learning students who’s tutor leaves mid-course will be re-allocated a mentor that is geographically located to them within a 20-mile radius. If a mentor is not available to be re-assigned to, whether due to location or time impingements students will temporarily convert onto a home study course until a new mentor becomes available. If a new mentor is not assigned within 30 days of this occurring we will give the student a full refund of all payments made proportional to that course level and would request the learning material be delivered (if distributed) back to us at our expense in the original format it was distributed. If the learning material is returned damaged or has been lost we reserve the right to apply a charge at the cost incurred to replace it.

TheraGym will not in any way tolerate any form of abuse towards its staff or mentors. This also applies to the conduct of authorised representatives of the learner (may include: parent, guardian, partner, spouse, friend etc.) Any student or authorised representative whose behaviour or conduct we deem inappropriate will be removed from their course and will forfeit all payments made to date. We may instruct our third-party legal team to take action.

Intellectual Property

“TG”, “TheraGym” or "//" are trademarks. These trademarks cannot be utilised by a student or a business unless authorised to do so by the Directors of TheraGym.

All material supplied by us to students for the purpose of study belong to us until full payment of course fees are complete.

E-learning students will have access to online learning material. Access to this learning material is permitted only as a licensee. Upon course completion or if a student cancels their course, it is made clear that this license will terminate immediately.

E-learning students are not permitted to replicate, modify or share our online material. It should solely be utilised to support a student’s learning.

Any violations to our intellectual property terms will result in legal action.

Data Protection

Data ascertained will be stored safely in accordance to data protection laws and GDPR 2018. You may request at any time a coherent copy of the data we have on you free of charge unless cost is incurred to retrieve your data. If the situation arises, the cost will be equal to the costs we incurred to retrieve your data.

Students data will be utilised to maintain their course and fulfil our contractual obligations to you. We will not sell your data or give it to a third party without your explicit consent in coherence to GDPR and our privacy policy.

Liability

Any claims made against a student will not exceed the value of that respective course, but may incur interest charges permitted by law.

TheraGym will accept any responsibility for damages or loss incurred if these are a direct consequence of our breach of these terms and policies or clear negligence can be evidenced.

TheraGym will NOT accept any responsibility for damages or loss incurred if it is not foreseeable.

Please note liability does also include the following three terms, which we take responsibility for if negligence is apparent.

Death Caused by Negligence or a Representatives Negligence

Defective Products

Fraud or Fraudulent Misrepresentation

Legal and Miscellaneous

In accordance to the rights of the Third Parties Act 1999, a third party has no legal rights within these terms if they are not party to them.

These terms and conditions are setup in accordance to English and Welsh law and are subject to be governed by them.

TheraGym can waive accumulated interest payments, cancellation fees or any other costs incurred by a student in accordance to these terms at our discretion. If a waiver for a charge or fee owed is agreed, it does not mean that subsequent fees incurred will also be waived if our terms are violated. Each individual waiver is treated in isolation. A student should only consider a term to permanently be waived if we have agreed this in writing.

TheraGym always attempts to adhere to adaptations in law and governed authority. If a clause or term is found to be in violation of law or by respective governing authority it will be removed and therefore non-applicable. This does not mean that the remaining terms that law will allow us to enforce cannot be adhered to.

Failure or delay in learning that is generated out of circumstances of reasonable control to either party (either us or a student) will not be in breach of these agreed terms or liable for them.

E-learning and part-time learning students should take note that we recommend having a broad band speed of greater than 2MB per second to optimise the functionality of our learning platform. Our regulated guidelines for booking this method of learning requires students to have access to 550kb per second broadband, otherwise we would recommend another learning method.

We may upon occasion take photographs of learners studying or performing practical elements while they are on the course. These pictures may be used on our marketing and promotional material. Any objections to this must be made in writing before the course commences to our student support department. We strictly adhere to our terms and conditions policy and you should ensure you have read and understood them before entering an agreement with us or signing your enrolment form.

Declaration

By accessing our services, you confirm that you have read and understood the terms and conditions set out above. Any questions you had were answered to your full satisfaction and acknowledge that by using our services, you confirm that you understand and agree to abide by them in full.