TERMS AND CONDITIONS

​

​

​

1. LIABILITY

 

TFPT- Tomasz Fiks do not take any responsibility and is not liable for any damage caused through use of products or services purchased or advertised through this website, be it indirect, special, incidental or consequential damages (including but not limited to damages for loss of business, loss of profits, interruption or the like).

TFPT- Tomasz Fiks recommend that you consult with your doctor before starting a new exercise programme.
TFPT- Tomasz Fiks is not a licensed medical care provider and cannot provide diagnosis, examination or treatment for medical conditions of any kind, and cannot determine the effect of any specific exercise on a medical condition. You should understand that when participating in any exercise programme, there is the possibility of physical injury.
By participating in any form of exercise under supervision of TFPT- Tomasz Fiks you agree that you do so at your own risk; are voluntarily participating in these activities; assume all risk of injury to yourself; and you agree to release and discharge TFPT- Tomasz Fiks from any and all claims or causes of action, known or unknown, arising out of TFPT- Tomasz Fiks negligence.

 

2. DELIVERY OF GOODS & SERVICES

 

Goods are delivered as digital downloads via email following purchase and payment. Should you not receive our email within 3 days of purchase please first check your spam folder and then contact tom.fiks@gmail.com, we will endeavor to respond to you as a priority.

 

 

3. RETURNS, REFUNDS AND CANCELLATION POLICY

 

Payment for all appointments and sessions must be received 24 hours prior to the scheduled session. At least 24 hours notice must be given if you need to cancel or reschedule a One-on-one personal training appointment,. Failure to do so will result in you being charged 100% of the appointment value. Blocks of 20 One-on-one personal training or Shared personal training expire six months from the purchase date.Blocks of 10 One-on-one personal training or Shared personal training expire four months from the purchase date. TFPT- Tomasz Fiks regrets that we cannot offer refunds although exceptions may be made in extenuating circumstances, at our own discretion.
In the rare circumstance that TFPT- Tomasz Fiks has to cancel your session within the cancellation period (same as above) without a reasonable replacement session, TFPT- Tomasz Fiks will credit you with a free session as compensation. Reasonable replacement is considered as a session at the same time as your booked session with a different Personal Trainer.

​

4. INDEMNITY

 

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use.

​​

5. BREACHES OF THESE TERMS OF USE

 

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

6. ASSIGNMENT

 

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
 

7. SEVERABILITY

 

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
 

8. EXCLUSION OF THIRD PARTY RIGHTS

 

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

9. ENTIRE AGREEMENT

 

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.