These terms and conditions govern your use of the Trainify service, and your booking of training sessions with clients through it. By accepting these terms and conditions, you agree to enter into a contract with Trainify Limited, as set out below.
“Client” means a client who books a Session with you using the Platform.
“Trainer” means you.
"Intellectual Property Rights" means all copyright, patents, database rights, registered and unregistered design rights, topography rights, trade marks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights in confidential information and other intellectual and industrial property rights in all parts of the world.
“Platform” means the apps and website operated and made available by Trainify through which Sessions can by booked with you by a Client.
“Session” means a sports training session with a Trainer booked by a Client using the Platform.
- YOUR BACKGROUND & AVAILABILITY
- We will provide you with access to the Platform, through which you can advertise your availability for and accept bookings for Sessions (or blocks of Sessions) with a Client, to be carried out at a mutually agreeable location and time. You acknowledge that Trainify acts only as a booking agent and we are not responsible in any way for the content or conduct of any Session, or the ability or competence of any Client.
- You remain responsible for the content and conduct of each Session, and are legally responsible for providing the Session(s) to each Client.
- You warrant and undertake that you are an appropriately qualified training professional. You must provide us with a copy of a completed DBS background check dated within the last 12 months at your own cost at the start of our relationship, and on a periodic basis upon our request thereafter. We have right to terminate these terms and conditions if the results of your DBS background check or your professional standards are not acceptable to us for any reason at our sole discretion.
- If any facts or circumstances arise which mean that you are not able to continue to warrant and undertake in accordance with clause 2.2, you must notify us in writing immediately.
- You must use your best efforts to keep us up-to-date with the times and dates upon which you are available to provide Sessions, and the location(s) at which you offer Sessions (including your preferences as to provision of Sessions at a location of the choice of a Client).
- We will use our best efforts to notify you if a Client becomes unavailable for a Session after it has been booked. If a Client cancels a Session within 24 hours of the starting time, they will still be charged for (and you will still be paid for) that Session. If a Client cancels a Session more than 24 hours before the starting time, no payment will be made in respect of that Session.
- You agree that you must attend and deliver each Session which has been booked on the Platform to the best of your professional ability. You must act in a professional manner at all times in the provision of each Session.
- Payment for each completed Session will be as agreed with you separately.
- Payment for completed Sessions will be made shortly after a Client has marked the Session as complete through the Platform.
- You remain responsible for the payment of all taxes in relation to the receipt of the payments made to you under these terms and conditions.
- If you do not turn up to provide a Session, you will not be paid for that Session, and we reserve the right to cancel any other Session that has already been booked with you, and to withhold any payment due to you at our discretion.
- If you fail to turn up to two or more Sessions in any four week period, we reserve the right to terminate these terms and conditions without liability to make any further payments to you.
- You must not send an alternative or substitute to any Session in your place with the prior approval of both Trainify and the Client. If you intend to appoint an alternative or Substitute you must obtain prior approval from Trainify before asking the Client for approval.
- You agree that it is your own responsibility to have in place appropriate indemnity insurance coverage in relation to your provision of sports training services.
- We may suspend or terminate your access to the Platform (and these terms and conditions) if at any time we have reason to believe that you are in breach of these terms and conditions, or have otherwise acted in any manner which threatens to bring Trainify into disrepute.
- CONTACT WITH CLIENTS
- You acknowledge and agree that, without the prior written consent of Trainify, you shall not at any time directly communicate with any Client introduced to you through Trainify or the Platform in relation to the booking of training services (or related training services) other than through the Platform.
- If a Client contacts you directly as a result of a connection through the Platform in order to arrange training services (or related training services) outside of the Platform, you shall immediately refer such correspondence to us and refrain from communicating further with the Client.
- If you act in breach of this section 3, you acknowledge that Trainify may suffer financial and other losses, and you hereby indemnify Trainify in relation to any such losses and other financial penalties that Trainify may impose at its sole discretion without limitation.
- This section 3 shall survive termination or expiry of these terms and conditions.
- INTELLECTUAL PROPERTY RIGHTS
- These terms and conditions do not constitute an assignment or licence of any Intellectual Property Rights in the Platform to you, except such limited licence as you may reasonably require to access and use the Platform to receive the benefit of the Trainify service.
- You agree to use the Platform in accordance with any reasonable use levels we may notify to you from time to time. You may use the Platform only as permitted in these terms and conditions. You understand that your personal data may be processed in connection with your use of the Platform.
- You agree not to abuse your access to the Platform, or make access to your account on the Platform available to any third party.
- You are solely responsible all use of the Platform through your account. You must keep your username and password for the Platform confidential. We are not liable for any loss that you may incur if a third party uses your password or account.
- We may suspend your access to the Platform if you are using the Platform in a manner that is likely to cause harm to us or other users of the Platform.
- WARRANTIES & LIABILITY
- These terms and conditions set out the full extent of our obligations and liabilities in respect of the Platform being made available to you. To the maximum extent permitted by applicable law, all conditions, warranties or other terms concerning our provision of the Platform to you which might otherwise be implied into a contract are expressly excluded.
- We do not represent or warrant that your use of the Platform will be uninterrupted or error-free, that the Platform meets any particular standards or expectations, that any Client has any particular level of sporting ability, or that any Clients will book any Sessions with you. Your use of the Platform and your participation in any Session is at your sole risk. Our entire liability to you under these terms and conditions in any way whatsoever shall be limited to the amounts you have received from us through the Platform in the six months preceding any claim for liability.
- Nothing in these terms and conditions will (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.
- We will not be liable to you in respect of any losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- We will not be liable to you in respect of physical injury that might arise during or as a result of any Session. You acknowledge that you are responsible for ensuring that you are in an appropriate physical condition to participate in each Session, and you must take all reasonable precautions to avoid injury. You are responsible for providing all appropriate equipment and apparel for your participation in the Sessions.
- We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- You hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms and conditions.
- These terms and conditions may be terminated immediately by either party for failure of the other party to comply with any material term of these terms and conditions, unless the failure to comply has been remedied within 30 days of notification of such failure.
- Upon termination of these terms and conditions for any reason, you agree that the obligations of section 3 above will continue to apply indefinitely.
- OTHER PROVISIONS
- We are entitled to amend or vary these terms and conditions from time to time at our sole discretion. We will notify you of any change which materially affects your rights and obligations.
- We are entitled to assign or license all of the rights granted to us under these terms and conditions to any third party. You shall not be entitled to assign or sublicense your rights under these terms and conditions.
- If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these terms and conditions.
- These terms and conditions and the documents referred to in them constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- These terms and conditions shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the courts of England in relation to any disputes arising under them.