The Health & Performance Studio Terms and Conditions

TERMS AND CONDITIONS AND CODE OF CONDUCT

WHEREAS: (A) The Practitioner and the Customer have entered into an Agreement to use the Facilities at The Health & Performance Studio. (B) These Terms and Conditions provide the terms and conditions upon which the Customer agrees to use the Facilities to the Practitioner.

1. Definitions
Booking System: The online booking system for The Health & Performance Studio, operated by Evini.
Practitioner: The signatory to these Terms and Conditions.
Customer: The person(s) the Practitioner is engaged to provide services or treatment to during their Session(s).
Facilities: All areas and equipment at The Health & Performance Studio, including studio, gym, waiting, changing rooms, bathrooms, shower, treatment rooms, kitchen.
Session: Access to the Facilities booked for sixty (60) or ninety (90) minutes using the Booking System.
Session Package: A package of 5, 10, 30, 50 or 70 Sessions.

2. Sessions and Session Packages

2.1 Each booking is for a fixed period of sixty (60) or ninety (90) minutes, including set up and clean down. Overrunning your booked time will result in an additional session charge.
2.2 Sessions can only be booked and used by the account holder and their Customer(s) accompanying them. No unauthorised guests or friends are permitted.
2.3 The Health & Performance Studio reserves the right to cancel and refund any remaining Sessions or Session Packages for any reason.
2.4 All sessions must be booked via the app; no session is to take place without prior booking.
2.5 Sessions can only take place during opening hours and no persons may be on site outside these hours.
2.6 Session cancellation policy: You can cancel a booking and receive a full credit refund up to 24 hours before the booking start time. If booking within 24 hours, a 1-hour grace period applies for full refund. Extenuating circumstances may be considered at the Studio’s discretion. Cancellations within 24 hours (or after grace period) are charged in full.
2.7 Practitioners must purchase a minimum of five (5) sessions every three months; auto-charge applies if not purchased before expiry.
2.8 The Practitioner is responsible for creating their own leads and business. The Studio will support as per membership tier but is not responsible for individual business growth.
2.9 Memberships, Session Pack Pricing, and Expiry

Progress Membership (£120/month):

Pack Size - Price - Expiry

5 hours - £170 - 3 months
10 hours - £310 - 3 months
30 hours - £840 - 3 months
50 hours - £1,250 - 2 months
70 hours - £1,540 - 2 months

Flexibility Membership (£75/month):

Pack Size - Price - Expiry

5 hours - £185 - 3 months
10 hours - £340 - 3 months
30 hours - £930 - 3 months
50 hours - £1,400 - 2 months
70 hours - £1,750 - 2 months

3. Membership, Freeze & Cancellation

3.1 Memberships (Progress, Flexibility) are charged monthly as per current rates. Session packs expire as per membership details.
3.1A Progress Membership minimum commitment
Due to the onboarding and business support work involved, Progress Membership has a minimum commitment of three (3) months from the start date.
By signing up to Progress Membership, the Practitioner agrees to pay the monthly Progress Membership fee for the full 3-month minimum term.
Any cancellation request made during the minimum term will take effect at the end of the 3-month minimum term, subject to any other cancellation notice requirements in these Terms.
3.2 Membership cancellation must be received by the 1st of the month (not permitted in the month of joining). Full calendar month’s payment required post-notice. Written requests only; verbal instructions are not accepted.
3.3 Memberships can only be cancelled if subscription collection is active. Practitioner benefits are removed at termination and are non-redeemable. Fees are non-refundable.
3.4 Practitioners may freeze membership for £25/month. During freeze, no access to Facilities, session pack expiry extended, and no minimum session purchase triggered. Unused sessions at cancellation are forfeited unless freeze is in place or used during notice period.
3.4A Freeze notice period and Progress services during freeze
A minimum of thirty (30) days’ written notice is required to start a membership freeze.
Freeze requests submitted with less than 30 days’ notice will take effect 30 days from the date the Studio receives the written request. Freeze requests cannot be backdated.
While frozen, the Practitioner has no access to the Facilities and cannot book Sessions.
If the Practitioner is on Progress Membership, while frozen:
No mentoring/mentorship is provided during the freeze.
The Studio will take the Practitioner’s website profile/page (and any Progress-related webpages) offline for the duration of the freeze.
Any planned social media content featuring the Practitioner will be paused while frozen and will be rescheduled once unfrozen.

3.4B Unfreezing
To unfreeze, the Practitioner must provide written notice.
Unfreezing can take effect immediately from the date the Studio confirms the unfreeze request.
The standard membership fee will resume from the unfreeze date.

4. Insurance and Qualifications

4.1 Practitioners (PTs) must hold a minimum Level 3 PT certification or equivalent, and provide evidence on request. Health practitioners are responsible for holding all relevant qualifications.
4.2 Practitioners must maintain suitable insurance and provide evidence on request. Insurance must cover all services provided at the Studio.
4.3 Practitioners are entirely responsible for the health, safety, and conduct of their Customers.
4.4 All accidents, incidents, or damage must be reported to Studio staff as soon as practicable or safe to do so, and logged in the Evini/Wod board app.

5. Supervision, Access, and Facility Use

5.1 Practitioners must directly supervise their Customer(s) at all times while on the premises. Customers must not be left alone or permitted to use Facilities without their Practitioner present.
5.2 If the Practitioner needs to leave the Facilities for any reason, the Session must end and the Customer(s) must leave with them. Customers are not permitted to remain on site without their Practitioner at any time.
5.3 Customers may only access the Facilities when accompanied by the Practitioner. No independent access is permitted.
5.4 Booked Sessions, time slots, or access to the Facilities cannot be sublet, shared, or transferred to non-members or other Practitioners.
5.5 Practitioners acknowledge that their insurance requires direct supervision of Customers at all times. Unsupervised use may void insurance. The Studio accepts no liability for incidents from unsupervised clients.
5.6 Any breach of supervision or facility use rules is a serious violation and may result in immediate suspension or termination, with no refund of fees.
5.7 The last Practitioner on site is responsible for checking all areas of the Studio—including both changing rooms—to ensure no clients are left on site before leaving. The last Practitioner must also turn off all lights, air conditioning, music, and fresh air systems before exiting. The Studio is unmanned and has no front of house staff.

6. Code of Conduct & Studio Rules

6.1 Practitioners and Customers must treat the Facilities and each other with respect. Leave every area as you found it—clean, tidy, and with all equipment in place.
6.2 Practitioners are responsible for their guests at all times. Ensure guests are properly supported and understand Studio rules.
6.3 Finish sessions on time. Overrunning your slot will result in an extra session charge and may disrupt others.
6.4 Practitioners and Customers may not leave belongings at the Studio overnight. Unsecured items left during the day may be removed by staff. Lost property is kept for 1 month, then donated to charity.
6.5 The Studio has a zero tolerance policy for harassment. Discrimination or harassment on the basis of race, gender, sexual orientation, gender identity, religion, or other protected characteristics will result in immediate suspension or termination.
6.6 Keep noise to a minimum, especially near the coaching area and when entering/exiting the Studio.
6.7 The Studio is for members and their guests only—no unauthorised guests or friends.
6.8 Practitioners must keep all practitioner areas clean. Do not leave food out or in the sink. Dispose of rubbish in bins provided. Clean up spills immediately.
6.9 No phone calls on the gym floor; phones must be on silent.
6.10 No topless training. No filming or photography of other members or guests without their consent.
6.11 No food, glassware, or mugs on the gym floor; only closed containers permitted.
6.12 Practitioners must not train alongside their clients during sessions. Focus on coaching and guiding your client.
6.13 Practitioners must clean and disinfect equipment after use. Sanitising stations are provided.
6.14 Only one towel per person is permitted. Breaches will result in a cleaning charge of £1.50 per item. Changing room or therapy towels are not permitted on the gym floor; use sweat towels only.
6.15 If training alone, practitioners must give priority to members training with guests when using shared equipment.
6.16 All complaints must be reported directly to Studio staff via email.
6.17 All Practitioners must abide by current data protection rules relating to their Customers.

7. Key and Access

7.1 Gym door access is managed via the Yale app, which uses Bluetooth and a unique code set for each Practitioner. The street door has a 4-digit code set by the landlord. Under no circumstances may any Practitioner share their Yale app access, individual code, or the street door code with anyone else. Sharing of access credentials is strictly prohibited and may result in immediate suspension or termination of membership.
7.2 Practitioners are responsible for their access credentials and will incur a cost of £30 if a physical key is lost or broken.
7.3 Practitioners must ensure the Studio is securely locked and all access points secured when leaving.

8. CCTV

8.1 CCTV is installed to ensure the safety and security of practitioners, guests, and property, in compliance with data protection laws. CCTV is not installed in private areas (treatment rooms, changing rooms, toilets, showers).
8.2 Footage is retained for 30 days unless required for investigation. Access is limited to authorised personnel. Footage may be shared with law enforcement if required by law.
8.3 Practitioners and visitors may request access to footage in which they appear, in writing, within 30 days of their visit.

9. Personal Information

9.1 The Studio’s Privacy Policy conforms to the EU GDPR. Practitioners are responsible for updating their information and must request changes from their registered email address.

10. Liability & Limitation Of Liability

10.1 The Studio is not liable for any loss or damage to personal property.
10.2 All activities are at the Practitioner’s and guest’s own risk.
10.3 The Studio’s liability for personal injury is limited except in cases of negligence, fraud, or as required by law. Total liability is limited to £250.

11. Health & Safety, First Aid, and Emergency

11.1 All accidents or incidents must be reported and logged in the Evini/Wod board app (Members Hub > Health & Safety).
11.2 A First Aid kit is available in the kitchen. The nearest defibrillator is at Medialab, Little Portland Street, or Elsley House, Great Titchfield Street. Any use of first aid supplies must be reported so items can be replaced.

12. Changes To The Health & Performance Studio Terms & Conditions

12.1 The Studio may amend these Terms & Conditions at any time. Changes take effect immediately.

13. The Terms Of Your Contract

13.1 A signed Application Form, these Terms & Conditions, and Studio Rules make up a binding contract of Membership.
13.2 Failure to enforce rights at any time does not waive those rights. Breaches do not imply acceptance.
13.3 Changes to this Contract require express written agreement.

14. Governing Law & Jurisdiction

14.1 These Terms & Conditions are governed by the law of England and Wales. Disputes are subject to the exclusive jurisdiction of the courts of England and Wales.

15. Payments, insufficient funds, and late payment fees

15.1 You must keep a valid payment card stored in the Booking System at all times.
15.2 You must ensure your stored card has sufficient available funds for all upcoming payments, including:
Monthly membership payments, and
Any scheduled charges, including the automatic 3-month Session Package auto-charge (where applicable).
15.3 If a payment fails (including due to insufficient funds), the Studio may attempt to reprocess the payment. The Studio will retry failed payments for up to seven (7) days.
15.4 If a monthly membership payment is not successfully collected on the due date, a £25 late payment fee will be charged.
15.5 If an automatic Session Package renewal/auto-charge is not successfully collected on the due date, a £25 late payment fee will be charged.
15.6 The late payment fee is charged once per missed payment event (i.e., per monthly membership payment due, or per Session Package auto-charge due), not per retry attempt.
15.7 If access is suspended due to non-payment, all outstanding balances (including any late payment fees) must be paid in full before access is reinstated.
15.8 If payment remains outstanding after the 7-day retry period, the Studio may suspend access and/or cancel membership in line with these Terms.

1. Introduction

Welcome to The Health & Performance Studio. The health and safety of our members, visitors, and staff are our top priorities. This manual outlines the essential guidelines and procedures to ensure a safe and healthy environment for everyone. All staff members are required to familiarise themselves with these guidelines and adhere to them at all times. Members and visitors are also expected to follow the rules to maintain a safe workout environment.

2. General Safety Guidelines

2.1. Awareness
- Always be aware of your surroundings.
- Report any hazards or unsafe conditions to staff immediately.
- Use caution when moving through high-traffic areas, especially near entrances, exits, and changing rooms.
2.2. Appropriate Attire
- Wear appropriate workout clothing, including proper footwear, to prevent injuries.
- Avoid loose clothing that could get caught in machinery.
2.3. Personal Conduct
- No running, horseplay, or inappropriate behaviour in any area of the gym.
- Follow posted signs and practitioners instructions at all times.
- Be respectful of others’ personal space and equipment usage time.
2.4. Guest Guidance
- All guests must be guided around the gym and treatment space, all guests must be made aware of all fire exits and trip hazards around the space. Guests must not be left alone, nor should be left without their practitioner.
3. Emergency Procedures

3.1. Fire Safety
- Familiarise yourself with the location of fire exits, alarms, and extinguishers.
- In case of fire, follow the evacuation plan posted in key areas of the gym.
- Assemble at the designated safe area outside the building. Corner of Little Portland Street & Regents Street.
3.2. Evacuation Procedures
- Remain calm and proceed to the nearest exit.
- Follow the instructions of practitioners.
- Do not re-enter the building until given the all-clear by authorities.
3.3. Power Outage
- In the event of a power outage, cease all activity immediately.
- Emergency lighting will guide you to the nearest exit.
- Practitioners will assist with evacuation if necessary.
4. Equipment Use and Maintenance
4.1. Proper Use
- Read and follow all instructions on equipment before use.
- Seek assistance from practitioners if you are unsure how to use any equipment.
- Do not attempt to repair or modify any equipment.
4.2. Inspection and Maintenance
- Practitioners should regularly inspect equipment for wear and tear.
- Report any damaged or malfunctioning equipment to the operations manager immediately.
- Do not use equipment that is marked as out of order or unsafe.
4.3. Weightlifting Safety
- Use a spotter when lifting heavy weights.
- Secure weights with collars or clips.
- Store weights and other equipment in designated areas after use.
5. Cleanliness and Hygiene
5.1. Personal Hygiene
- Wipe down equipment before and after use with provided cleaning supplies.
- Use hand sanitizer before and after your workout.
5.2. Facility Cleanliness
- Practitioners must clean and disinfect high-touch surfaces regularly.
- Ensure locker rooms, showers, and restrooms are cleaned daily.
- Dispose of rubbish in designated bins.

5.3. Water and Food
- No food is allowed in workout areas.
- Only spill-proof water bottles are permitted on the gym floor.
- Report spills immediately so they can be cleaned to prevent slips.
6. First Aid and Medical Emergencies
6.1. First Aid Kits
- First aid kits are located in the kitchen and in key areas throughout the gym.
- Practitioners members are trained in basic first aid and CPR.
6.2. Responding to Injuries
- In case of injury, alert a practitioner immediately.
- Do not move an injured person unless they are in immediate danger.
- Apply first aid if trained to do so and until professional help arrives.
6.3. Medical Emergencies
- Call emergency services (999) for any life-threatening situation.
- Use an Automated External Defibrillator (AED) if necessary and trained.
- Notify the operations manager to ensure proper documentation and follow-up.
7. Practitioner Training and Responsibilities
7.1. Safety Training
- All practitioners must undergo safety training, including first aid, CPR, and equipment use.
- Regular refresher courses should be scheduled to keep skills up to date.
7.2. Monitoring and Supervision
- Practitioners should actively monitor gym areas to ensure member safety.
- Correct any unsafe behaviour or practices immediately.
7.3. Incident Reporting
- All incidents, no matter how minor, should be documented in an incident report.
- Reports should be reviewed regularly to identify potential safety improvements.

8. Member and Visitor Responsibilities
8.1. Compliance
- Members and visitors must adhere to all gym rules and guidelines.
- Failure to comply may result in suspension or termination of membership.
8.2. Health Considerations
- Guests should consult with a healthcare provider before beginning any new exercise program.
- They must use the gym if you are feeling unwell, particularly if you have symptoms of contagious illnesses.
8.3. Respect for Others
- Be considerate of others using the facilities.
- Allow others to work in between sets on shared equipment.
- Avoid excessive noise, including loud conversations or dropping weights.

9. COVID-19 and Infectious Disease Protocols
9.1. Screening and Entry
- Members must adhere to any screening protocols, such as temperature checks.
- Do not enter the gym if experiencing symptoms of COVID-19 or other contagious illnesses.

9.2. Social Distancing
- Maintain a distance of at least 6 feet from others whenever possible.
- Follow any capacity limits for certain areas of the gym.
9.3. Cleaning and Sanitization
- Increased frequency of cleaning and disinfecting will be enforced, especially on high-touch surfaces.
- Practitioners are required to clean equipment before and after each use.
9.4. Face Masks
- Follow local guidelines on mask-wearing, especially in communal areas.
- Masks may be required during specific activities or in certain areas of the gym.

10. Reporting and Addressing Safety Concerns
10.1. Reporting Mechanism
- Practitioners should report any safety concerns to the operations manager.
- Anonymous reporting options should be made available.
10.2. Response to Reports
- Management will investigate all reported concerns promptly.
- Necessary actions will be taken to rectify any identified hazards.
10.3. Continuous Improvement
- Regular reviews of safety practices and protocols will be conducted.
- Feedback from staff and members will be used to improve safety measures.
11. Conclusion

Maintaining a safe and healthy environment is a shared responsibility. By adhering to the guidelines in this manual, we can ensure that The Health & Performance Studio remains a welcoming and safe place for everyone. Thank you for your cooperation and commitment to health and safety.

General Statement of Program Objectives and procedures:
I understand that this personal training program may include exercises to build the cardio respiratory system (heart and lungs), the musculoskeletal system, (which involves muscular endurance, strength and overall flexibility), and to improve body composition (increasing muscle and bone and decreasing body fat) Exercise includes aerobic activities, such as walking, running, bicycle riding, rowing machine, group aerobics, swimming and other aerobic activities, weight lifting using dumbbells, machines and other equipment to improve muscular strength and endurance, as well as flexibility exercises to improve joint range of motion.

Description of Potential Risks:
I understand that the reaction of the heart, lung, blood vessels as well as other systems to exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring during the following exercise, which include abnormalities of blood pressure or heart attacks as well as other side effects. Use of weight lifting equipment, and engaging in heavy body calisthenics may lead to musculoskeletal strains, pain and injury if adequate warm-up, gradual progression, and safety procedures are not consistently followed. I understand that personal trainer (seller) shall not be liable for any damages arising from personal injuries sustained by client (buyer) while and during and/or from a personal training program does so at his/her own risk. Client (buyer) assumes full responsibilities for any injuries or damages which may occur during and/or after training.

I hereby fully and forever release and discharge personal trainer (seller), its assigns and agents from all claims, demands, damages, rights of action, present and future therein.

I understand and warrant, release and agree that I am in good physical condition and that I have no disability, impairment or ailment preventing me from engaging in active or passive exercise that will be detrimental to heart, safety, or comfort, or physical condition if I engage or participate (other than those items fully discussed on the health history form).

I state that I have had a recent physical check up and have my personal physician’s permission to engage in aerobic and/or anaerobic conditioning.

Description of Potential Benefits:
I understand that a program of regular exercise for the heart, lungs, muscles and joints has many benefits associated with it. These may include a decrease in body fat, improvement in blood fats and blood pressure, improvement in physiological function and decrease in heart disease.

I have read the foregoing information and understand it. Any questions, which may have occurred, have been answered to my satisfaction.