Personal Trainer Course (ID: PTO)
Instructor SMART Majority
People are desperate to get fit; however, without the help of a personal trainer only 2% of health club members actually use the gym on a regular basis. This course is designed to help you learn all there is to know about becoming a Personal Trainer as well as preparing you to start your own business.
Do you love health and fitness? Then this is the course for
you. Designed to teach you all there is to know in order to get set up as a
freelance trainer and work from home, our Personal Trainer course will teach
you how to set up fitness programmes that suit your client’s individual needs,
it will give you the skills you need to know on how to motivate them and help
them achieve their goals as well as giving you all the knowledge on how to
acquire your clients and market yourself successfully.
Why not turn your passion for fitness into a successful career? Once you've learned about the practical details of being a personal trainer, our course won’t stop there. We’ll show you how easy it is to set up your own website, show you how to apply marketing techniques to get the clients as well as providing you with guides and planners to help you keep track of your soon to be business.
*Terms and Conditions of Business
1 Definitions and Interpretation
1.1 The definitions and rules of interpretation in this Condition 1 apply in these terms and conditions of business (the "Conditions") unless otherwise stated:-
Agreement means the entire agreement between SMART Majority and the Customer comprising these Conditions, the Enrolment Form and any Credit Agreement that may be entered into.
Business Day means any day other than Saturday or Sunday that the clearing banks are open for business in the City of London;
Credit Agreement means any agreement for credit facilities entered into between the Customer and SMART Majority;
Customer means the person named on the Enrolment Form and to whom SMART Majority shall provide the Learning;
Online Learning means the provision of the Services in respect of the course(s) identified in the Enrolment Form (or such other course(s) as SMART Majority may from time to agree in writing) and all related Materials, support and tuition where applicable whether supplied by SMART Majority or a Third Party Seller;
Document means, without limitation, in addition to any books and other documents in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form regardless of the media on which it is contained;
Enrolment Form means the enrolment form completed by the Customer and submitted to SMART Majority (together with payment) detailing the course(s) which the Customer has enrolled on and specifying the Fees payable by the Customer to SMART Majority;
External Examination means any examination which is not operated or run by SMART Majority that may be available to the Customer in respect of Online Learning;
Fees means the fees payable by the Customer to SMART Majority in accordance with Condition 6.1;
Group Companies means SMART MAJORITY and its subsidiaries, SMART MAJORITY's ultimate holding company and its' subsidiaries, as defined in section 1159 of the UK Companies Act 2006;
Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
Materials means the learning and training materials comprising all Documents, information, data, records and materials provided by SMART MAJORITY relating to a Online Learning and shall include any replacement learning and training materials and books if the Customer transfers Online Learning in accordance with condition 15;
"Non-Transferable Courses" means CD Rom courses, reseller courses and Non tuition based courses;
Services means the distance learning services to be provided by SMART MAJORITY, or a Third Party Seller (as applicable), to the Customer in respect of the Online Learning as more particularly described in Condition 10;
Support Period means the period during which SMART MAJORITY shall provide the Customer with support in relation to the Online Learning as advertised;
Software means any software provided by SMART MAJORITY to the Customer as part of the Online Learning; and
Third Party Seller means a partner organisation which SMART MAJORITY has entered into an arrangement with to provide certain Online Learnings.
A person includes a natural person, corporate or
unincorporated body (whether or not having separate legal personality).
1.3 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
A reference to writing or written includes
faxes and e-mail.
1.5 Singular words shall include the plural and vice versa.
1.6 Headings are included for convenience only and shall not affect the construction or interpretation of this Agreement.
2 Terms of Supply
2.1 The Customer should print a copy of these Conditions for future reference.
2.2 By placing an order through the SMART MAJORITY website, the Customer warrants that:
2.2.1 He is legally capable of entering into binding contracts; and
2.2.2 He is at least 16 years old.
2.3 In some cases, SMART MAJORITY accept orders as agents on behalf of Third Party Sellers. The resulting legal contract is between the Customer and that Third Party Seller, and is subject to the terms and conditions of that Third Party Seller, which they will advise the Customer of directly. The Customer should carefully review their terms and conditions applying to the transaction.
2.4 SMART MAJORITY may also provide links on the SMART MAJORITY website to the websites of other companies, whether affiliated with SMART MAJORITY or not. SMART MAJORITY cannot give any undertaking that Online Learnings which the Customer purchases from Third Party Sellers via the SMART MAJORITY website, or from companies to whose website SMART MAJORITY has provided a link on its website, will be of satisfactory quality, and any such warranty or representation is disclaimed by SMART MAJORITY absolutely. The foregoing does not affect the Customer's statutory rights against the Third Party Seller. SMART MAJORITY will make Customers aware when a Third Party Seller is involved in a transaction, and SMART MAJORITY may disclose information relating to the Customer to the Third Party Seller for such transaction to be performed.
Price and Payment
2.5 The price and/or Fees of any Online Learnings will be as quoted on the SMART MAJORITY website from time to time, except in cases of obvious error. These prices are in pounds sterling and include VAT where applicable.
2.6 Fees are liable to change at any time, but changes will not affect orders in respect of which SMART MAJORITY have already sent the Customer a dispatch confirmation.
2.7 The SMART MAJORITY website contains a large number of Online Learnings and it is always possible that, despite SMART MAJORITY' best efforts, some of the Online Learnings listed on its website may be incorrectly priced. SMART MAJORITY will normally verify prices as part of its dispatch procedures so that, where a Online Learning's correct Fee is less than the stated price, SMART MAJORITY will charge the lower amount when dispatching the Online Learning to the Customer. If a Online Learning's correct Fee is higher than the price stated on the SMART MAJORITY website, SMART MAJORITY will normally, at its discretion, either contact the Customer for instructions before dispatching the Online Learning, or reject the Customer's order and notify the Customer of such rejection.
2.8 SMART MAJORITY is under no obligation to provide the Online Learning to the Customer at the incorrect (lower) price, even after SMART MAJORITY has sent the Customer a dispatch confirmation, if the pricing error is obvious and unmistakeable and could or ought to have reasonably been recognised by the Customer.
3 How the contract is formed with SMART MAJORITY
3.1 After placing an order, the Customer will receive an e-mail from SMART MAJORITY acknowledging that SMART MAJORITY has received the order. Please note that this does not mean that the order has been accepted. The order constitutes an offer to SMART MAJORITY to buy a Online Learning. All orders are subject to acceptance by SMART MAJORITY, and SMART MAJORITY will confirm such acceptance to the Customer by sending the Customer an e-mail that confirms acceptance (the Confirmation). The contract between SMART MAJORITY and the Customer will only be formed when SMART MAJORITY send the Confirmation.
3.2 The contract between SMART MAJORITY and the Customer will relate only to the Online Learning for which SMART MAJORITY have confirmed acceptance in the Confirmation. SMART MAJORITY will not be obliged to supply any other Online Learning which may have been part of the Customer's order until all of the assignments within the first unit have been successfully completed by the Customer.
4 Right of Cancellation
4.1 Subject to Condition 4.3, the Customer shall have the right to cancel this Agreement within seven (7) Business Days from the day after purchasing by the Customer of the Course. In this case the Customer will receive a full refund of the price paid in accordance with the SMART MAJORITY refunds policy set out in Condition 8.
4.2 Cancellation must be made in writing, including letter, fax or e-mail - but not by telephone.
5.1 In consideration for the provision of the Online Learning the Customer shall pay to SMART MAJORITY the Fees, details of which are set out in the Confirmation.
5.2 Time for payment of the Fees shall be of the essence of this Agreement.
5.3 Except where the Customer intends to or has entered into a Credit Agreement, the Customer shall submit payment of the Fees together with the Enrolment Form by the method indicated by the Customer on the Enrolment Form. The Materials will be sent out to the Customer only on receipt of the Fees.
5.4 If the Customer fails to comply with any terms of this Agreement, SMART MAJORITY shall be entitled to recover from the Customer the reasonable costs, expenses and losses incurred by SMART MAJORITY as a result of locating the Customer, communicating with the Customer and collecting any unpaid sums. Such sums shall be payable to SMART MAJORITY on demand. In the event of legal action for breach of the payment obligations, the Customer will be responsible for all costs and expenses allowable by the court if an award is made in favour of SMART MAJORITY.
6 SMART MAJORITY Refunds Policy
6.1 When the
Customer returns an Online Learning to SMART MAJORITY because the Customer has
cancelled this Agreement with SMART MAJORITY within the seven-day cooling-off
period (see condition 4.1), SMART MAJORITY will process the refund due to the
Customer as soon as possible and, in any case, within thirty (30) days of the
day the Customer has given notice of cancellation. In this case, SMART
MAJORITY will refund the payment made by the Customer in full.
6.2 SMART MAJORITY will usually refund any money received from the Customer using the same method originally used by the Customer to pay for the purchase.
7 Delivery and Care of the Materials
7.1 Upon Confirmation SMART MAJORITY will reserve the relevant Materials in the name of the Customer. SMART MAJORITY will release and deliver the Materials to the Customer in compact learning units as the Customer progresses through the programme for the Online Learning.
7.2 Ownership of the Materials shall not pass to the Customer until SMART MAJORITY has received in full (in cash or cleared funds) all sums due to it in respect of:-
7.3.1 the Online Learning; and
7.3.2 all other sums which are or which become due to SMART MAJORITY from the Customer on any account.
7.4 Any dates specified by SMART MAJORITY for delivery of the Materials are intended to be an estimate and time for delivery shall not be of the essence. If no dates are so specified, delivery shall be made by SMART MAJORITY within a reasonable time.
7.5 If for any reason the Customer fails to accept delivery of any of the Materials or SMART MAJORITY is unable to deliver the Materials because the Customer has not provided appropriate instructions:-
7.5.1 risk in the Materials shall pass to the Customer;
7.5.2 the Materials shall be deemed to have been delivered; and
7.5.3 SMART MAJORITY may store the Materials until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance if applicable).
7.6 The Customer shall inspect each set of Materials promptly following delivery and inform SMART MAJORITY about any defects or omissions as soon as it is reasonably practicable to do so. In the event that there are defects or omissions, the Customer shall return the materials immediately to SMART MAJORITY whereupon a new set of Materials will be sent to the Customer, both at the expense of SMART MAJORITY.
8.1 During the Support Period, SMART MAJORITY shall provide the Customer with support and tuition as more particularly described in the MateriaIs.
8.2 If requested, SMART MAJORITY may at its sole discretion, extend the Support Period for a fee to be agreed between SMART MAJORITY and the Customer.
8.3 SMART MAJORITY will provide the Customer with such information as is in its possession to assist the Customer in making arrangements to sit External Examinations. In all other respects, the Customer will be solely responsible for making arrangements to enable them to sit External Examinations and for any and all fees in relation thereto.
8.4 If SMART MAJORITY, in its sole discretion, assists the Customer in making arrangements to sit External Examinations the Customer acknowledges that SMART MAJORITY shall not be responsible for any losses incurred by the Customer as a result of inaccurate information provided in connection with any such arrangement except such losses caused as a direct result of a failure on the part of SMART MAJORITY to act with reasonable care and skill.
8.5 SMART MAJORITY shall use its reasonable endeavours to:-
8.5.1 provide the Services and to deliver the Online Learning to the Customer in accordance with Condition 9; and
8.5.2 meet any performance dates specified in this Agreement, but any such dates shall be estimates only and time shall not be of the essence
9 Customer's obligations
9.1 The Customer shall:-
9.1.1 co-operate with SMART MAJORITY in all matters relating to the provision of the Online Learning;
9.1.2 keep and maintain the Materials in good condition and in accordance with any instructions notified in writing to the Customer by SMART MAJORITY from time to time; and
9.1.3 not copy, dispose of, use, offer to sell, license or transfer the Materials (whether in whole or in part in any manner or form or in or on any media) other than in accordance with this Agreement or SMART MAJORITY's written instructions; and
9.1.4 retain all SMART MAJORITY course work for a period of 3 years from completion as work can be requested at any time to comply with quality assurance obligations.
9.2 If SMART MAJORITY's performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Customer, SMART MAJORITY shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
10 Intellectual Property Rights
10.1 As between the Customer and SMART MAJORITY, all Intellectual Property Rights and all other rights in the Materials shall be owned by SMART MAJORITY.
10.2 In consideration of payment of the Fees, SMART MAJORITY grants the Customer the non-exclusive, non-transferable right to use and copy the Materials for his or her non-commercial private use and study. If this Agreement terminates, this licence shall automatically terminate.
11.1 The Customer shall keep in strict confidence all Materials and any other confidential information concerning the SMART MAJORITY's business or its products which the Customer may obtain.
11.2 The Customer may disclose such confidential information as may be required by law, court order or any governmental or regulatory authority.
11.3 The Customer shall not use any confidential information obtained from SMART MAJORITY for any purpose other than for his/her personal use, including private study and External Examinations.
12 Data Protection
12.2 The Customer acknowledges and agrees that personal data will be processed by and on behalf of SMART MAJORITY in connection with the provision of the Online Learning.
13 SMART MAJORITY course transfer facility
13.1 If a Customer wishes to transfer to a different course offered by SMART MAJORITY, SMART MAJORITY may at its sole discretion agree to such transfer.
13.2 Unless the Customer is paying under a Credit Agreement, if SMART MAJORITY agrees that the Customer may transfer to a different course, SMART MAJORITY will transfer any fees paid to that date for the Online Learning that the Customer wishes to discontinue (the "Discontinued Online Learning") towards the amount payable for the new SMART MAJORITY course to which it has been agreed that the Customer may transfer PROVIDED THAT:-
13.2.1 SMART MAJORITY receives payment for the balance of the Fees if any due in respect of the new Online Learning (if more expensive than the Discontinued Online Learning); or
13.2.2 the appropriate transfer fee of has been paid to SMART MAJORITY to cover tuition and/or administrative costs;
13.3 In no circumstances is a course transferable if:
13.3.1 it is a Non-Transferable Course; or
13.3.2 once all course materials have been issued; or
13.3.3 after a period of 3 months from enrolment; or
13.3.4 within 6 months of completion of the course; or
13.3.5 account payment is in arrears
14.1 SMART MAJORITY warrants that:-
14.1.1 the Materials will be of satisfactory quality and reasonably fit for all the purposes for which materials of the kind are commonly supplied (however SMART MAJORITY does not warrant that the Materials will be error free); and
14.1.2 it will perform the Services with reasonable skill and care.
14.2 All warranties,
conditions and other terms implied by statute or common law are, to the fullest
extent permitted by law, excluded from this Agreement.
15 Limitation of Liability
15.1 This Condition 17 sets out the entire financial liability of SMART MAJORITY (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Customer in respect of:-
15.1.1 any breach of this Agreement;
15.1.2 any use made by the Customer of the Online Learning or any part of them; and
15.1.3 any representation, statement or delictual act or omission (including negligence) arising under or in connection with the Agreement.
*For Full T&C please visit: http://www.smartmajority.com/terms/index.html