Terms & Conditions

These terms and conditions in addition to the Privacy Policy apply to the sale of any Services provided by Ultimate Personal Trainer (“Katie Cooper t/a Ultimate Personal Trainer” or “UPT” or “We” or “Us”). Please read these terms and conditions carefully before purchasing any Services offered by Ultimate Personal Trainer and retain a copy for your own records.

By using the Services you acknowledge that you have read and understood this agreement and agree to be bound by its terms. For purchases via our website, by clicking on the “Complete Order” button you agree to the terms of this agreement.

1.1 “Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

1.2 “Course Materials” means the information provided by Ultimate Personal Trainer to accompany a course provided as part of the purchased Services in hard copy or electronic form.

1.3 “Payment” means the fees paid by you to Ultimate Personal Trainer for the Services.

1.4 “Intellectual Property Rights” means copyright, rights in or relating to databases, course design, patent rights, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

1.5 “Services” means the provision of personal training courses via online modules and/or classroom activities and/or the use of Course Materials, together with such other services as shall be agreed from time to time.

1.6 “Website” means ultimatepersonaltrainer.co.uk and any other subdomains.

1.7 “Working Days” means any day of the week other than a Saturday or a Sunday or any day that is a bank or public holiday in England and Wales.

1.8 “You” means the individual purchasing the Services.

2.1 We will provide the Services with reasonable skill and care in accordance with the course description set out.

2.2 We will use all reasonable endeavours to meet any performance dates agreed with you, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract. For the avoidance of any doubt, time shall not be of the essence for the purposes of our carrying out the Services pursuant to this contract.

2.3 We reserve the right in our absolute discretion to vary or withdraw any of the Services without notice, whether to make improvements to the same or otherwise.

2.4 We expect you to satisfy yourself that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result. Whilst we are committed to helping students find employment opportunities where possible, we make no guarantees of employment after qualification. Post- qualification support with regards to business support is valid for only 12 months post-qualification only. We cannot accept any responsibility for any issues arising from any job applications being made prior to ascertaining your hard copy certificate from the relevant awarding body.

2.5 All courses and qualifications must be carried out in English. We will use reasonable endeavours to provide reasonable assistance with accessing the course if required but cannot provide interpreters.

3.1 When you place an order for Services you are offering to purchase the Services on these terms and conditions. Ultimate Personal Trainer reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clauses 3.2 below;

3.2 Following receipt of your deposit or full amount by us of your order for Services we will contact you confirming receipt of your order. A legally binding agreement between us and you shall come into existence when you place your deposit or full course balance. We will not commence distribution of course materials until we have received payment of all the relevant Fees from you (or acceptance of a valid payment plan as the case may be).

3.3 When completing the order form please ensure you do so accurately and clearly so that we can process your order efficiently. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate. Your order must be made on our official order form or via our admissions team at our Head Office.

3.4 We reserve the right to withdraw any aspect of our Services, including any course, assessment or module or aspect thereof. We will email to inform you as soon as reasonably possible where any aspect of the Services you have ordered are no longer available. If you have already paid for the Services, we will refund to you the full amount you have paid to us (or a proportionate part thereof, as applicable).

3.5 Where your order consists of multiple courses, once we have a legally binding contract in place, you shall be liable for all courses forming part of that order.

3.6 We are not responsible for booking any examination with any professional body or examination board unless expressly agreed by us.

3.7 The name you state on your order form will be the default name issued on the relevant certificate following successful completion of the course you have ordered. Please email support@ultimatepersonaltrainer.co.uk with any changes to your address or name in writing so we can accurately administer your certificates and Course Materials. Please note that you are responsible for updating us with any changes to your personal information. Any amendments you require to your course completion certificate (‘Certificate’) shall incur an administration fee of £30. If you have not informed our accounts department of a change of address and the Certificate is sent to an old address, or if your Certificate is lost or damaged and you request a replacement, we will charge a £30 administration fee to send a further Certificate.

3.8 If you consider that you have any pre-requisite qualifications to enable you to skip any modules or courses, you must provide proof of them at the time of enrolment for verification by us. If we deem any of your qualifications to be invalid or that they do not fully comply with what is agreed upon enrolment, you may either:

3.8.1 purchase the course or modules required to achieve such qualifications from us, which will be charged at our published rates at the time that you enrolled

3.8.2 or, you may terminate the Contract and at our discretion, you may be issued with a pro-rata refund based upon the amount of the Services you have not utilised. Failure to achieve such qualifications will result in us being unable to provide the relevant Certificates in respect of the Services you have ordered from us.

3.9 On occasions we offer practical workshops and or assessment days that can be purchased for a fee at one of our venues across the UK. Spaces are available on a strictly ‘first come, first served’ basis. All practical workshops and or assessments must be booked via our website.

4.1 Subject to clause 4.2 below, where we have accepted/confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.2 above, then you are permitted within 14 days starting on the date of purchase in accordance with clause 3.2, to cancel your purchase of the Services.

4.2 To apply to cancel this contract, please notify us in writing via email to support@ultimatepersonaltrainer.co.uk or post to the addresses as provided in the Notices clause below. Please include details of your order to help us to identify it. We will email you to confirm we have received your cancellation. Your cancellation will be effective from when we have notified you that we have received such notice of cancellation. Please note that any refund due to you may be subject to any permitted deductions and you will have to pay the costs of return of any Course Materials (where applicable).

4.3 If you have already accessed, attended or downloaded all or part of the Services within the 14 days as set out at clause 4.1 then you shall have no right to cancel your order.

4.4 Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services (whether as a result of injury, whether sustained on the course or outside of it, or illness or otherwise) and any other cancellation and/or variation of course dates will be at our absolute discretion.

4.5 All refunds will be credited to the same card or bank account you used to pay for the Services. Refunds will be issued as soon as reasonably practicable following acknowledgement of cancellation.

4.6 Orders for combination packages will be treated as a single course for the purposes of this Contract. Refunds will therefore not be given for course downgrades. For example, if you were to downgrade a combination package to a Level 2 Certificate Gym Instructor course you will still be liable for the full combination package fee.

4.7 Non-attendance of any training or assessment days will incur a £99 charge to re-book unless cancellation is made at least 48 hours prior to the same taking place via our bookings team in writing. The relevant email for this purpose is support@ultimatepersonaltrainer.co.uk.

4.8 Subject to clause 4.9, we operate a free, unlimited re-sit policy, however if you fail to attend any assessments booked without previously notifying us in accordance with clause 4.7 you will automatically forfeit your right to free re-sits and will be liable to pay us a fee of £99 for every subsequent re-sit.

4.9 All course levels have 12 months to complete from the point of purchase. If you fail to pass the relevant course within this time frame you will need to pay us a re-registration charge of £99 for that particular level should you wish to continue with that particular course.

5.1 The Fees for the Services shall be as stated at the time you place an order for them (or as otherwise agreed).

5.2 Unless otherwise specified at the time you purchase the Services, the Fees are inclusive of VAT but exclusive of any relevant third-party costs (where applicable). If applicable, any such costs will be made clear to you prior to you finalising the purchase of the Services.

5.3 Unless a payment plan is utilised, Fees must be paid in full prior to you attending any course or taking part in any other Services and such Fees shall be debited from your credit/debit card at the time of purchase.

5.4 Where we have agreed that you may pay via a Payment Plan (i.e. payments by monthly instalments), we will take your first payment upon you clicking ‘Complete Order’ and will take subsequent payments monthly in advance from the credit/debit card used for the first payment.

5.5 Certificates will not be issued until all Fees have been received by us and you do not have an outstanding balance.

5.6 If you wish to receive your certificates before you have paid all of your monthly payments, you can email us and request to pay your outstanding balance in full (i.e. the number of outstanding monthly payments).

5.7 We require a minimum of 7 days notice to make any change to payment methods before any payment is due.

5.8 Where we have agreed a Payment Plan with you and you are not up-to-date with your payments, then without prejudice to any other rights or remedies we may have pursuant to the contract, we may at our discretion elect to apply any or all of the following sanctions:

5.8.1 demand the remaining balance be paid in full;
5.8.2 refuse to mark your coursework;
5.8.3 deny you access to examinations or not process the results;
5.8.4 block or limit your access to your online account and Course Materials.

5.9 If you miss a payment when it falls due we may attempt to take the payment from you by processing it through whichever medium you have set up on your account. We may make such payment attempts up to 30 days after the payment has fallen due. In the event that such attempts do not succeed during that period, we will notify you by email and request that you bring your account up-to-date. If you do not pay the full amount outstanding within 5 working days of such notice then we shall demand the full outstanding balance be paid in full and be entitled to charge interest on the late payment at the relevant default interest rate to be applied from time to time. We will notify you of any such default interest being applied.

5.10 Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Ultimate Personal Trainer shall not be responsible for these.

5.11 You shall be responsible for all costs you incur in connection with your attendance to any of our courses, practical workshops and assessment days, including all travel, visa, subsistence and any overnight accommodation etc.

5.12 We take all reasonable care to ensure that the prices stated for the Services as advertised are correct; however on rare occasions it is possible that, despite our best efforts, some of the Services may be priced incorrectly. In those cases, the provisions of clause 5.13 apply.

5.13 Where the correct price for the Services is less than the price as stated, we will charge the lower amount. Where the correct price for the Services is higher than the price stated, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order whereby a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may (acting reasonably) cancel supply of the Services and refund you any sums you have paid.

5.14 For the avoidance of any doubt, regardless of how your Fees are paid, it is your responsibility to ensure that all payments that are due to us are paid promptly at all times. We shall be entitled to charge interest on late payments at the relevant default interest rate to be applied from time to time. In the event we have to instruct our debt recovery and enforcement agents to recover the outstanding debt, we will add their fees to the amount owing. The current fees payable to our debt recovery and enforcement agents represent 20% of debt which shall be deductible. In the event of legal debt recovery proceedings being issued, we will seek to recover all associated costs and expenses of recovery (including court fees and legal costs etc) in addition to the principal debt and accrued interest to the fullest extent permitted by law.

6.1 It is your responsibility to ensure that:

6.1.1 you provide us with all relevant information that we request from you in order to provide the Services and that it is complete and accurate in all material respects;
6.1.2 you cooperate with us in all matters relating to the Services;
6.1.3 you comply with all applicable laws, including health and safety laws when attending our premises and our venues;
6.1.4 you keep all of our materials, equipment, documents and other property in safe custody at your own risk, maintain the same in good condition until returned to us, and not dispose of or use the same other than for the purposes of completing the relevant course you have ordered from us;
6.1.5 you have appropriate physical fitness levels throughout the course to both demonstrate and ‘spot’ all exercises within the course in order to undertake the qualification;
6.1.6 you devote an appropriate amount of time and effort to complete the course and qualifications, and you understand that with online and blended learning courses the time required to complete is dependent on you owing to the amount of online and home study work required;
6.1.7 if at any time either before taking the course or during the course you become pregnant, you must inform us as soon as reasonably practicable after you become aware of that fact and you must seek appropriate medical advice from a suitably qualified practitioner to ensure you can continue with the course (having regard to the physical exertions required) and ensure that you take all appropriate steps to safeguard your health and safety and well being. Whilst we will work with you to assess your situation and offer any reasonable assistance required, you will appreciate that if following advice it is not appropriate for you to continue with the course, no refund for the course fees will be issued.
6.1.8 you have a mobile phone with a camera that records in a quality of at least 720k for any practical assessments;
6.1.9 you have suitable internet connection and hardware to access our online student portal to complete assessments and to view Services;
6.1.10 you have access to a gym and that you have permission to film your practical assessment as required in your course.

6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1;

6.2.1 we will be entitled to suspend performance of the Services until remedied and to terminate the contract under the termination clause where we consider it appropriate to do so;
6.2.2 we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
6.2.3 it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from your breach.

7.1 We reserve the right to modify, suspend, remove or disable access to any part of the Services including practical days, training, qualifications, examination or assessment structure or the Course Materials, where we deem it appropriate at our entire discretion and without prior notice to you. In these circumstances, we shall not be held liable in any way for any costs/losses incurred by you in those circumstances, including but not limited to travel and accommodation costs, whether advance notice is provided or not.

7.2 We reserve the right to change the relevant awarding organisation without prior notice to you provided that the awarding organisation as substituted is regulated by OFQUAL, and recognised by CIMSPA (Chartered Institute for the Management of Sport and Physical Activity).

7.3 Students have communication with our tutor team via their student portal and via telephone bookings only. The telephone booking system is to ensure an efficient communication system and as such, our tutors will not answer the telephone where calls are made by students outside of booking times. All study portal related questions shall be responded to where possible within 48 hours (except on weekends) provided that the correct submission form is used and all the required information is submitted as requested.

7.4 We will use all reasonable endeavours to mark all course assignments submitted via the online learning platform within 14 working days of submission.

8.1 Neither Ultimate Personal Trainer nor our trainers accept any liability for:

8.1.1 any loss or corruption of data resulting from using our online services or any other IT issues resulting therefrom;
8.1.2 any costs, fees or expenses arising directly or indirectly from your taking part in the Services;
8.1.3 any loss of profit, revenue or goodwill; or
8.1.4 any indirect, special or consequential losses, costs or expenses arising from any breach of the terms of this Agreement.

8.2 Except to the extent that they are expressly set out in these terms and conditions, all other conditions and warranties are excluded to the fullest extent permitted by law.

8.3 Subject to clause 8.4 below, and notwithstanding anything to the contrary contained or referred to herein, Ultimate Personal Trainer’s total liability to you arising from or in connection with the Services (and whether the liability arises as a result of breach of contract, negligence or otherwise) shall be limited to the Fees received by us in connection with the relevant Services.

8.4 Nothing in this Agreement shall exclude or limit Ultimate Personal Trainer’s liability for:

8.4.1 death or personal injury caused by negligence,
8.4.2 fraudulent misrepresentation or,
8.4.3 any other matter which under English law may not be limited or excluded.

8.5 No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

9.1 All Intellectual Property Rights in the Services, Course Materials and the speeches made and content delivered by the trainers, contributors and tutors are, and remain, the intellectual property of Ultimate Personal Trainer or its licensors, whether adapted, written for or customised for you or otherwise.

9.2 You are not authorised to:

9.2.1 copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without our prior written permission;
9.2.2 record on video or audio tape, relay by videophone or other means any aspect of the Services;
9.2.3 use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
9.2.4 remove any copyright or other notice of Ultimate Personal Trainer on the Course Materials; or
9.2.5 modify, adapt, merge, translate, disassemble, decompile, reverse engineer any software forming part of the Services.

9.3 Without limiting any other rights or remedies we may have, any breach by you of clause 9.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services.

9.4 In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non- exclusive licence to use the Course Materials and any relevant software for the sole purpose of you accessing the Services you have purchased and not further or otherwise.

11.1 We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect and without any refund whatsoever in the event that you:

11.1.1 fail to pay your Fees when due;
11.1.2 act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Ultimate Personal Trainer, or any trainer who provides any of our courses or any fellow student;
11.1.3 cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
11.1.4 steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending one of our courses;
11.1.5 intentionally or recklessly damage our property or the property of our employees or other students attending our premises or one of our courses;
11.1.6 are intoxicated through alcohol or illegal drugs while on our premises or one of our courses;
11.1.7 commit any criminal offence committed on our premises or where the victim is our employee or student;
11.1.8 act in any other way which may be reasonably considered as poor behaviour or contrary to the interests of Ultimate Personal Trainer or its other students or reputation; or
11.1.9 are otherwise in breach of these terms and conditions.

11.2 We have a zero tolerance policy to any form of abuse towards our staff or tutors by you or any authorised representative appointed by you (which may include your parents, guardian, partner, spouse, friend etc.) If you or your authorised representative is accused of abusive behaviour to our staff or tutors we may immediately suspend you from the course whilst we investigate the matter. If we subsequently find you guilty of such behaviour, acting reasonably, we may permanently remove you from the course, terminate this contract and you will forfeit any and all sums you have paid to us up until that date. We further reserve the right to take further legal action against you where we deem it appropriate.

11.3 On termination clause 8 (liability), 9 (intellectual property rights), and 10 (confidentiality) shall continue notwithstanding such termination.

11.4 In the unfortunate event of a student dying whilst studying a course then the deceased’s student’s estate will receive a refund on any courses or qualifications booked as part of the deceased’s student’s package provided that such courses or qualifications have not yet commenced, and such refund shall be issued on a pro-rata basis of the discounted fee they originally paid. No refund will be issued for any part of a course that has already commenced. In the unlikely event of us being liable in respect of the student’s death then a full refund for all monies paid will be made. In all applications for a refund, a valid death certificate must be provided.

12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Ultimate Personal Trainer correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
12.2 Where appropriate, you may be required to select the required Plan of Services.
12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

14.1 We shall not be liable to you for any breach of our obligations or termination under these terms and conditions arising from causes beyond our reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, Government edict or regulation, issues or delays arising from the global Covid-19 pandemic or any failure to provide a course caused by personal tragedy to any trainer or a member of their family or illness.

14.2 If you enrol onto any course during the Coronavirus pandemic (COVID-19) events may arise that are beyond our reasonable control due to government restrictions being placed upon us and third parties that are essential to us delivering our services, including workshops, practical days, face- to-face learning and assessments. We shall not be liable to you for any breach of our obligations or termination under these terms and conditions arising from but not limited to; gyms closing down or restricting access, key delivery staff members being required to self-isolate, social distancing within classrooms and venues being practically impossible to adhere to.

14.3 If you have elected to learn via a full-time course, which requires face to face delivery and your course is delayed due to COVID-19 and subsequent government restrictions, you may downgrade your leaning to online learning and the total amount of your course package will be amended to reflect this downgrade proportionally to the offer you signed up on. Proportional refunds will be issued if you have paid in full or dilutions to remaining payments will occur if you are on a payment plan. If you choose not to downgrade you will get a priority space on the next available, safe to conduct full time course in your location within 12 months from your date of the course commencing.

14.4 If you purchase face-to-face practical workshops and/or assessment days you may be affected by COVID-19 and government restrictions. In these circumstances Ultimate Personal Trainer has up to 12 months to ensure we either can run assessments and practical workshops safely once more or Ultimate Personal Trainer finds an alternative solution that meets the requirements of the national occupational standards and governing bodies to whom we are regulated by to ensure you can qualify.

15.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.

15.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.

15.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, to provide you with communications (unless you opt out).

15.4 To enable us to monitor and improve our Services, we may gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

15.5 We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our Services, assist with the provision of Services and to ensure that you have access to all relevant aspects of the Services. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.

15.6 Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

15.7 Ultimate Personal Trainer endeavours to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any breach of security.

15.8 Ultimate Personal Trainer may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.

15.9 If you wish to change or update the data we hold about you, please email support@ultimatepersonaltrainer.co.uk.

15.10 We confirm we will comply with all relevant Data Protection legislation in handling your data.

19.1 You can contact us by any of the following methods:

19.1.1 Email: support@ultimatepersonaltrainer.co.uk;
19.1.2 Writing: Ultimate Personal Trainer, 1st Floor Swan Buildings, 20 Swan Street, Manchester, M4 5JW.

19.2 A notice or other communication is deemed to have been received:

19.2.1 if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
19.2.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
19.2.3 if sent by email, at 9.00 am the next working day after transmission.
19.2.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.