Client Terms

Client Sign-Up Agreement · Version 1.0 · Last updated October 2026

This is the Client Sign-Up Agreement that every client accepts in the KeepItUp Fitness app (FITR) before starting. It is published here so you can read it before you buy.

This Agreement is between KeepItUp Fitness ("the Trainer") and the person accepting it ("the Client"). Please read it in full before accepting. It applies to all in-person coaching delivered by the Trainer (see Section 4), to any online subscription the Client purchases (see Section 12), and to any one-off fixed-length programme the Client purchases (see Section 13), wherever in the world the Client is based. It also contains the Trainer's health screening (Section 15) — there is no separate PAR-Q+ form to complete elsewhere. Nothing will be delivered, and no programme will be made available, until the Client has accepted this Agreement.

Key Things to Know Before You Accept

This summary is not a substitute for reading the Agreement.

In-person session packages expire. Each package's validity period — and who it is available to — is shown in the Trainer's Pricing document before you buy, and runs from the day you pay. Unused sessions after that are lost, unless an extension applies (Sections 6 and 7). This does not affect your statutory right to cancel (Section 11).
Cancelling a booked session with less than 24 hours' notice, or not turning up, means that session is charged as used (Section 9).
Online subscriptions (such as the Training Club and 1-1 online coaching) renew automatically until you cancel. When you cancel, you keep access until the end of the period you have already paid for, and that payment is not refunded (Section 12).
Once a one-off fixed-length programme has been made available to you, you lose the right to cancel it and get a refund. You will be asked to confirm you understand this at the point of purchase (Sections 11 and 13).
You are making health declarations. Section 15 asks you to confirm certain things about your health. If any of them apply to you, you must tell the Trainer before purchasing rather than simply accepting.
There are limits on the Trainer's liability, set out in Section 17. Liability for death or personal injury caused by the Trainer's negligence is not, and cannot be, excluded.
Your statutory consumer rights are unaffected by anything in this Agreement (Section 16).
Video and photos are used in coaching, to check your technique and track progress (Section 19). Using anything featuring you for marketing or social media is a completely separate matter, is entirely optional, is asked for separately, and is never a condition of coaching.

You can save or print a copy of this Agreement before accepting it, and you can ask the Trainer for a copy of the version you accepted at any time.

1. About the Trainer & This Agreement

KeepItUp Fitness is the trading name of George Warner, who trades as a sole trader.

Email:hello@keepitupfitness.com| Phone: 07703 319 297

Address: KeepItUp Fitness, 124 City Road, London, EC1V 2NX

What this Agreement covers

In-person 1-1 coaching, sold as single sessions and session packages, as set out in the Trainer's Pricing document (Sections 4, 6 to 9).
Online subscriptions — such as the KeepItUp Fitness Training Club and 1-1 online coaching — with no fixed session count and no minimum term (Section 12).
One-off fixed-length programmes — pre-written training plans sold as a single purchase (Section 13).

How this Agreement is accepted

This Agreement is accepted by tapping Accept (or taking an equivalent clearly labelled action) in the Trainer's app, currently FITR. It is not accepted on general sign-up to the app. It is always accepted in relation to a specific purchase:

Online subscriptions and programmes: it is shown during the purchase of that subscription or programme in the app.
In-person coaching, which is paid to the Trainer directly rather than through the app: it is shown in the Trainer's in-person client programme in the app, and is accepted before the Client pays and before their first session, in relation to the in-person package they are buying. It then also applies to any later in-person package the Client buys while it remains the current version. If the Trainer issues a new version, the Client will be asked to accept it before their next purchase (Section 24).

Acceptance is recorded and timestamped, together with the version of this Agreement accepted, and is treated as legally binding in the same way as a signature on paper. No separate signature is required from the Client or the Trainer. The Client can save or print a copy before accepting, and can ask the Trainer for a copy of the version they accepted at any time.

The confirmations that apply to the particular purchase are shown alongside the Accept button and are given by the same action. Depending on what is being bought, these may include a request for coaching to begin within the 14-day cancellation period (Section 11), and consent to a fixed-length programme being made available immediately, with the loss of the right to cancel that follows (Sections 11 and 13). Explicit consent to the processing of health information (Sections 15 and 18) is also shown there, as its own separately labelled statement, apart from the other confirmations. The wording shown is specific to the product being purchased.

2. Eligibility

Services and programmes under this Agreement are available to adults only. By accepting this Agreement, the Client confirms that they are at least 18 years of age. No purchase may be made under this Agreement by, or on behalf of, anyone under 18, and no coaching or programme will be provided to anyone under 18 under it.

Coaching for anyone under 18 is only available in person, by separate arrangement with their parent or guardian and on separate terms. This Agreement does not apply to it.

3. Client Details

The Client's details — full name, date of birth, email, phone number, and an emergency contact name, phone number, and relationship to the Client — may be held as part of the Client's profile in the Trainer's app rather than filled in on this document. The Client agrees to provide these in full before their first session or before accessing any programme, and to keep them accurate and up to date. Where the app does not capture a required detail, the Trainer may ask the Client for it directly.

4. Services & Location

This section applies to in-person coaching. A Client who has only purchased an online subscription or a pre-written programme does not train at a venue with the Trainer, so this section will not apply to them — Sections 12 and 13 cover those instead.

In-person sessions take place at a gym or training facility where the Trainer hires space, at a private training space operated by the Trainer himself, or at another location agreed between the Trainer and Client for a particular session or package — for example an outdoor location, or a location provided by the Client. The venue for the Client's sessions is confirmed with the Client before booking. Responsibility for the venue itself depends on who controls it:

At a gym or training facility operated by someone else, where the Trainer hires space to deliver his own 1-1 coaching: that facility is a separate, independently operated business, and is not a party to this Agreement. The Trainer is not an employee or agent of that facility for the purposes of this Agreement. The facility controls and maintains its own premises and equipment, and is responsible for them as occupier of those premises.
At a venue owned, rented, or otherwise controlled by the Trainer (for example a private training space or home gym operated by him): the Trainer is responsible for the condition, maintenance, and safety of that venue and its equipment.
At a venue chosen or provided by the Client, or a public outdoor location (for example the Client's home, garden, or a local park): the Client is responsible for ensuring the space is reasonably safe and suitable for the session — clear of hazards, with adequate space and a suitable surface — and for any equipment the Client provides. The Trainer will use reasonable judgement about whether a venue or the conditions are safe to train in on the day, and may decline to proceed, or adapt the session, where they are not.

Importantly, none of the above reduces the Trainer's own responsibility. Wherever a session takes place, and whoever is responsible for the venue, the Trainer remains responsible for exercising reasonable care and skill in delivering the coaching — including in choosing and using the training area and equipment for that session, in identifying hazards that are reasonably apparent, and in how exercises are prescribed, explained, and supervised.

5. Scope of Coaching — What It Is and Is Not

The Trainer is a qualified fitness and strength coach. He is not a doctor, physiotherapist, dietitian, or other healthcare professional, and coaching is not a substitute for professional healthcare.

Coaching, programming, and any general guidance given by the Trainer are not medical treatment, physiotherapy, rehabilitation, dietetic or nutritional therapy, or psychological therapy, and are not a diagnosis of any condition.
The Trainer does not assess or certify whether the Client is medically fit to exercise, and cannot give medical clearance. Where the Client's circumstances call for it, the Trainer will ask the Client to obtain advice or clearance from a suitably qualified healthcare professional before starting or continuing, and may pause coaching until that has happened.
Within the limits of his qualifications and professional scope, the Trainer will adapt or regress exercises in light of information the Client has provided, and will tell the Client where something falls outside what he can appropriately advise on.
General content — posts on Instagram and other social media, blog posts, videos, newsletters, and anything else the Trainer publishes for a general audience — is general information only. It is not personal coaching advice to the Client, is not part of what the Client has bought, and does not take the Client's own health, injuries, or circumstances into account. The Client should check with the Trainer before adding anything from it to their own training.
The Trainer does not guarantee any specific outcome — such as a target weight, time, or event result — as this depends on factors outside the Trainer's control, including the Client's own effort, health, consistency, and circumstances.

6. Term & Session Validity (In-Person Packages)

This section and Section 7 apply to in-person coaching packages only. Online subscriptions are governed by Section 12; fixed-length programmes by Section 13. The packages on offer, and the terms of each, are set out in the Trainer's Pricing document current at the date of purchase, a copy of which is provided before purchase. Unless otherwise agreed in writing:

Each session package has a validity period — the time within which its sessions must be used. The validity period of each package is stated in the Pricing document and shown before purchase.
Some packages are available only to certain clients — for example an introductory package for first-time clients only. Where that applies, it is stated in the Pricing document.
Single sessions are used at the time of booking. If one is rescheduled under Section 9, the new date is agreed between the Trainer and the Client.
The validity period runs from the date of purchase, which for in-person coaching is the date the Client pays the Trainer for that package.

Sessions not used within the applicable validity period are forfeited, subject to the Extension Policy in Section 7 and to the Client's statutory rights under Section 16.

A validity period runs alongside the 14-day right to cancel described in Section 11, and never shortens or replaces it. This matters most for a short package whose sessions may all fall within the first 14 days. A Client who cancels within the cancellation period is dealt with under Section 11, and the forfeiture of unused sessions applies only once that period has ended.

7. Extension Policy (In-Person Packages)

Where circumstances outside the Client's reasonable control prevent them from using purchased sessions within the validity period, the Client may request an extension. The Trainer will consider any such request reasonably and in good faith, and will not unreasonably refuse it.

Circumstances the Trainer will treat as qualifying include illness, injury, pregnancy, bereavement, caring responsibilities, and venue closure or other disruption on the Trainer's side.
An extension will normally be for up to 3 months beyond the original expiry date, and a longer extension may be agreed where circumstances warrant it.
The Trainer may ask for brief supporting information, but will request only the minimum reasonably needed, and will handle any health information provided in line with Section 18 and the Privacy Notice.
This Extension Policy applies to every in-person package, and only to in-person packages. The online subscriptions (Section 12) have no minimum term and no fixed number of sessions to extend, and a fixed-length programme (Section 13) is not time-limited in the same way.

Nothing in this section affects the Client's statutory rights (Section 16).

8. Fees & Payment

All prices are set out in £ (GBP). The price, what it covers, and any recurring payment obligation are shown before the Client completes a purchase, and the applicable price is recorded with that purchase.

In-person packages

The price is as set out in the Trainer's Pricing document current at the date of purchase.
In-person coaching is paid to the Trainer directly, in full, before sessions begin — currently by bank transfer or cash. It is not paid for through the app. No session is delivered unpaid.
Sessions already delivered are not refundable, and sessions unused at the end of a validity period are handled under Section 7 rather than by refund. This does not affect the Client's statutory rights (Section 16), or their cancellation rights under Section 11.

Online subscriptions

The subscription fee is paid through the Trainer's app, billed in advance at the interval shown at checkout, and renews automatically until cancelled — see Section 12.

One-off fixed-length programmes

The price is paid in full at the point of purchase through the Trainer's app — see Section 13, and Section 11 for how cancellation rights apply to digital content.

Clients paying from outside the UK

Prices are charged in GBP. At checkout, the app may also show an estimated price in the Client's local currency; this is a guide only, and the final amount in the Client's currency depends on their bank's exchange rate on the day. Any currency conversion, transaction, or international payment fee charged by the Client's own bank or payment provider is the Client's responsibility.

9. Cancellations & Late Arrivals (Booked Sessions)

This section applies to individually booked sessions. It does not apply to the online subscriptions (Section 12), or to a fixed-length programme (Section 13), neither of which involves individually booked sessions.

If the Client cancels or is late

Cancelling with 24 hours' notice or more: the session is rescheduled to the earliest convenient date within the package's validity period, at no extra cost.
Cancelling with less than 24 hours' notice, or not attending: that session is treated as used and is charged. Where the reason is a genuine emergency or sudden illness, the Trainer will consider waiving this, and will not apply it unreasonably.
If the Client arrives late, the Trainer will make the best use of the remaining time but cannot guarantee running past the scheduled end time, due to other client commitments.

If the Trainer cancels or is late

Any session the Trainer cannot deliver, for any reason and with any amount of notice, will be made up at no extra charge — either rescheduled to the next convenient date (even where that falls outside the package's original validity period) or refunded at the price paid for that session, at the Client's choice.
The Trainer will give as much notice as reasonably possible.
If the Trainer is running late, the session will be extended where possible, or a make-up session arranged.

10. The Trainer's App: Access & Purchases

The Trainer currently uses FITR to deliver programming, take certain purchases, and hold client records. References in this Agreement to the Trainer's app include both the app provider's mobile app and its website. The app plays two different roles, and they are treated differently:

Where the app is how a purchased product is delivered — an online subscription, or a fixed-length programme — access to it forms part of what the Client has paid for. No additional fee will be charged for the access needed to receive something the Client has already bought. If the Trainer changes platform, or app access is withdrawn for a reason within the Trainer's control, the Trainer will provide materially equivalent access, or the content in another format; where neither is possible, an appropriate refund will be given for the affected undelivered service or unavailable content.
Where the app provides optional extras — for example viewing upcoming in-person session programming, or tracking personal bests — these are a convenience rather than part of the package price, and may be changed or discontinued. Doing so will not affect the coaching the Client has paid for.
Where the Client makes a purchase or accepts this Agreement through the app, that acceptance (a ticked box, a tap of Accept, or an equivalent clearly labelled action) is legally binding, and is recorded with the date, time, and version accepted.
Payments made in the app are processed by the app's payment provider (currently Stripe), which works with the app to take card payments and pay them to the Trainer. The Client's card details are handled by the payment provider directly and are never seen or stored by the Trainer, and the payment provider's own terms and privacy policy also apply to the payment. In-person coaching is not paid for through the app (Section 8).
Personal and health information the Client provides through the app is held by the app provider on the Trainer's behalf, as well as by the Trainer directly. The app provider is also responsible, under its own privacy policy, for the account details the Client gives it directly. See Section 18 and the Privacy Notice.
The Trainer does not control the app provider's own platform, pricing, or availability, and the app provider's own terms will also apply to the Client's use of the app itself.

11. Your Right to Cancel a Purchase

Separately from anything else in this Agreement, consumers have statutory cancellation rights for certain purchases. Whether they apply, and how, depends on how and where the purchase was made.

When the right applies

A distance purchase — made through the app, online, or by phone, without the Trainer and Client being together in person — carries a right to cancel within 14 days, without giving a reason.
A purchase agreed in person away from premises where the Trainer usually carries on business — for example at the Client's home, or at an outdoor location — carries the same 14-day right to cancel.
Clients outside the UK and EU may have different, or no equivalent, statutory cancellation rights. Nothing here reduces any rights a Client has under the mandatory law of their country of residence (Section 25).

How to cancel

To cancel within the 14-day period, the Client need only make a clear statement to that effect, however it is sent — for example by email to hello@keepitupfitness.com, by message through the app, or using the cancellation form in Part 3 of the Client Agreement Pack (also available from the Trainer on request). The Trainer will acknowledge receipt and refund any amount due without undue delay, and in any event within 14 days of being informed.

If you want to start before the 14 days are up

Coaching (in-person packages and the online subscriptions): the Client may ask for coaching to begin within the 14-day period. Because doing so affects the refund, the Client is asked to confirm it expressly when buying — the wording is shown alongside the Accept button for that purchase. For an in-person package bought after the first, where there is no new Accept step, the Client can make the same request by email, app message, or another written message such as WhatsApp, when arranging the package. If the Client then cancels within the 14 days, they pay a proportionate amount for the coaching actually supplied up to the point of cancellation, and the balance is refunded. Where, in making that request, the Client has also acknowledged that the right to cancel is lost once the coaching bought has been fully supplied, the right to cancel that purchase ends when it has been.
This matters most for a short package whose sessions may all take place within the 14-day period. For example, a Client who has had one session of a two-session package and then cancels within the 14 days pays for that one session, and the rest is refunded.
Fixed-length programmes: a fixed-length programme is digital content, not a coaching service, and the rule is different. If the Client asks for the programme to be made available immediately, and acknowledges that doing so means losing the right to cancel, then once supply begins the right to cancel that purchase is lost entirely — not reduced proportionately. This reflects the specific rule for digital content under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Access is not enabled unless the Client has given that confirmation for that specific programme at the point of purchase, in the wording shown alongside the Accept button.
These confirmations are given by the same tap as accepting this Agreement. Buying an online subscription or programme in the app requires them, so a Client who does not want to give them should not buy online. For in-person coaching, a Client who would rather start after the 14-day period can still accept and simply tell the Trainer, who will book their first session after the 14 days; the Client then keeps the full cancellation right until then.

These rights are in addition to, and do not affect, the Client's other rights under this Agreement or under consumer law generally (Section 16).

12. Online Subscriptions (Worldwide)

The Trainer offers online subscriptions — currently the KeepItUp Fitness Training Club and 1-1 online coaching — and may add others. Every online subscription is an ongoing subscription rather than a fixed number of booked sessions, is available worldwide and delivered through the app, and is billed and cancelled in the same way (below). What each subscription includes, and which of the following it is, is shown on its page in the app before purchase:

Group subscriptions (for example the Training Club): programming written for all members, with support by message in the app. They are not individually tailored to the Client, and do not include individual check-ins.
1-1 subscriptions (for example 1-1 online coaching): programming written for the Client individually, with progress tracking and regular check-ins with the Trainer.

Billing and renewal

The subscription is billed in advance at the interval shown at checkout, and renews automatically on the same date each period until it is cancelled.
The recurring nature of the payment, the amount, and the renewal date are shown before the Client completes the purchase, and the payment step is labelled so that it is clear the Client is entering an obligation to pay.
There is no minimum commitment period. The Client may cancel at any time.
The subscription price may change, with notice, as set out in Section 24.

Cancelling

The Client may cancel through the billing area of their account with the app provider, or simply by telling the Trainer in writing — by email or app message. Where the Client tells the Trainer, the Trainer will action the cancellation on the Client's behalf, so that cancelling is never harder than signing up was.
Cancellation takes effect at the end of the period the Client has already paid for. The Client keeps full access for the remainder of that period, and no further payments are taken.
Because the Client keeps access for the period already paid for, the payment for the current period is not refunded on cancellation. This does not affect the Client's statutory rights (Section 16), or their cancellation rights on a new purchase (Section 11).
The Client's training history, notes, and records remain in their account with the app provider after cancellation, subject to that provider's own terms.

Client responsibilities

The Client is responsible for ensuring the space, flooring, and equipment they use are safe and suitable for the exercises being performed, and for stopping any exercise that feels unsafe.
Because the Trainer is not physically present, he cannot observe form, environment, or equipment as he could in person, and the Client accepts a greater degree of personal responsibility for their own safety as a result.
The Client should have a phone or other means of contacting emergency services readily available while training, should know the local emergency number for wherever they are training, and should ensure someone else is aware they are training alone where reasonably practicable.
The Health Screening in Section 15 applies equally to the online subscriptions, and the Client will tell the Trainer of any change in health status, as for in-person sessions.
Coaching is delivered in English. The Client confirms they understand English sufficiently to understand this Agreement and the Trainer's instructions.

None of the above reduces the Trainer's own duty to exercise reasonable care and skill in prescribing and explaining exercises, taking account of the information the Client has provided, or to offer safe alternatives and clear guidance on when to stop.

13. One-Off Programmes (Fixed-Length, Pre-Written)

Some programmes sold through the Trainer's app are fixed-length, pre-written plans — for example a beginner running programme — rather than personal 1-1 coaching. They are bought with a single payment and are available to clients worldwide.

What this is, and is not

A fixed-length programme is written once and supplied in the same form to every client who buys it. It is not individually tailored to the Client, and does not include ongoing personal coaching, supervision, or check-ins, unless the specific programme expressly says otherwise.
All of the programme's content is visible to the Client from the point of purchase — it is not released week by week — so the whole programme is supplied at once.
The Client is responsible for judging whether the programme suits them personally, and should stop and seek guidance — from the Trainer or a healthcare professional, as appropriate — if anything in it does not feel right for their circumstances.
The Client responsibilities in Section 12 (safe space and equipment, emergency arrangements, English-language comprehension) apply equally here, since the programme is followed without the Trainer present. As in Section 12, this does not reduce the Trainer's own duty to exercise reasonable care and skill in writing the programme.
The Health Screening in Section 15 applies to a fixed-length programme as it does to any other purchase, and no programme is made available until this Agreement has been accepted.
Section 5 (scope of coaching, and no guaranteed results) applies to fixed-length programmes in the same way as to coaching.

Access

Once purchased, the programme remains available to the Client in their purchases within the app, and can be repeated as often as the Client wishes, for as long as the Client has an active account with the app provider. Access is not limited to the length of the programme itself.
If access ends for a reason within the Trainer's control — for example the Trainer moving to a different platform — the Trainer will, on request and at no charge, provide the Client with a copy of the programme in another format, or materially equivalent access elsewhere. Where neither is possible, an appropriate refund will be given.
The Trainer does not control the app provider, and cannot guarantee the continued existence of the Client's account with that provider or the app itself. Where access ends for that reason, the Trainer will still provide a copy of the programme on request, so far as he reasonably can.

Use and intellectual property

All intellectual property rights in the programme that are owned by, or licensed to, the Trainer remain with the Trainer or the relevant licensor. Purchasing a programme gives the Client a personal, non-exclusive, non-transferable licence to use it for their own individual training; it does not transfer ownership of the content.
The Client may make copies reasonably necessary for their own personal use — for example printing a week's training to take to the gym.
The Client may not copy, share, distribute, resell, publish, or otherwise make the programme available to any other person, in whole or in part, without the Trainer's written permission. This does not restrict anything the Client is permitted to do under copyright law.

Cancellation and refunds

Because a fixed-length programme is digital content rather than a coaching service, the cancellation rule in Section 11 applies: where the Client has confirmed at checkout that they want immediate access and understands the consequence, the right to cancel is lost once supply begins. Statutory rights in relation to digital content that is faulty, not as described, or not fit for purpose are unaffected (Section 16).

14. Informed Consent – Risks of Exercise

The Client acknowledges and confirms the following:

Strength, flexibility, cardiovascular, and other fitness activities — including the use of equipment — are potentially hazardous activities that carry a risk of injury.
The Client is participating voluntarily, with knowledge of the risks involved, which include muscular strain, joint injury, cardiovascular events, and in rare cases more serious harm.
Where a fitness assessment is carried out (for example cardiovascular, strength, flexibility, or body composition testing), it will be explained in advance and the Client may withdraw from any test at any time.
The Client will tell the Trainer, in writing, of any illness, injury, or condition affecting their ability to participate safely — both before starting and as things change.
The Client confirms that the Health Screening declarations in Section 15 are accurate, and that where any of them applies, the Client has followed the process in that section before starting.
Personal and health information shared with the Trainer is used for designing and delivering the Client's coaching and keeping an accurate record of it, and is handled as set out in Section 18 and the Privacy Notice.

15. Health Screening

This section is the pre-exercise health screening, completed by accepting this Agreement rather than as a separate form. It is based on recognised pre-exercise screening categories used across the fitness industry (of which the PAR-Q+ questionnaire is one widely used, standardised example), restated so that in-person clients, online clients, and programme purchasers can complete the whole sign-up in one place.

General Health Declaration

By accepting this Agreement, the Client confirms that, to the best of their knowledge, none of the following currently applies to them — or, where one does, that they have already discussed it with the Trainer as described below and been told they can proceed:

A heart condition, or chest pain during physical activity or at rest.
Loss of balance due to dizziness, or loss of consciousness, in the last 12 months.
A diagnosed chronic medical condition (for example diabetes, asthma, high blood pressure, epilepsy, arthritis, osteoporosis, or a heart, kidney, or metabolic condition).
A bone, joint, or soft tissue problem that could be made worse by exercise.
Currently taking prescribed medication for a chronic medical condition.
Currently pregnant, or having given birth within the last 6 months.
Currently unwell, injured, or recovering from surgery or a recent illness.
Any other reason a doctor or other healthcare professional has advised the Client not to exercise, or to exercise only under specific conditions or supervision.

If any of these does apply to you

Do not accept this Agreement as though none applied. Instead, contact the Trainer before purchasing or starting. The Trainer will record which statement or statements apply, and will then either adapt the coaching within the limits of his professional scope (Section 5), or ask the Client to obtain advice or clearance from a suitably qualified healthcare professional first. Nothing will be delivered until that has been resolved. Disclosing a condition does not mean the Client cannot train — most conditions can be trained around — but it must be discussed first.

Ongoing duty to tell the Trainer

The Client will tell the Trainer promptly if any of the above becomes true after accepting this Agreement, or if their health, medication, or circumstances change in a way that could affect safe participation.
This declaration should be refreshed at least every 12 months. The Trainer will ask the Client to reconfirm it periodically, and the Client may update it at any time.

The Client understands that the Trainer relies on this information in designing and delivering coaching, and that coaching cannot be made safe for a risk the Trainer has not been told about.

16. Your Consumer Rights

Nothing in this Agreement limits or excludes the Client's rights under the Consumer Rights Act 2015 or any other mandatory consumer law. In particular, and regardless of anything else in this Agreement:

Coaching services must be performed with reasonable care and skill, within a reasonable time, and for a reasonable price where one has not been agreed. Where they are not, the Client may be entitled to repeat performance or a price reduction.
Digital content, including a fixed-length programme, must be of satisfactory quality, fit for its purpose, and as described. Where it is not, the Client may be entitled to a repair, replacement, price reduction, or refund.
Any refund, repeat performance, price reduction, or other remedy available under applicable consumer law remains available to the Client, whatever this Agreement says elsewhere about refunds.

For more information about consumer rights, the Client can contact Citizens Advice or the equivalent consumer advice body in their own country.

17. Liability & Allocation of Risk

What the Trainer is responsible for

The Trainer will provide coaching, programming, and written programmes with reasonable care and skill, in line with his qualifications and the professional standards applying to his role. The Trainer holds public liability and professional indemnity insurance.

What cannot be excluded

Nothing in this Agreement excludes or limits the Trainer's liability for death or personal injury caused by the Trainer's negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Any limitation elsewhere in this Agreement is subject to that, and to the statutory tests of fairness and reasonableness.

Where responsibility does not rest with the Trainer

Subject to the above, the Trainer is not responsible for injury, loss, or damage that does not result from a failure to exercise reasonable care and skill on his part — in particular where it arises from:

A pre-existing condition, injury, or symptom that was not disclosed to the Trainer, or a change in health the Client did not report (Section 15).
The Client not following the Trainer's instructions, continuing an exercise that has been stopped or modified, or training beyond what has been programmed.
The condition of premises or equipment controlled by someone other than the Trainer, as set out in Section 4.
Equipment or a training environment provided or chosen by the Client, where the risk was not reasonably apparent to the Trainer.

Limit on other liability

Nothing in this paragraph affects the liability set out above as incapable of exclusion. Subject to that, the Trainer's total liability arising from or in connection with any single purchase is limited to the greater of (a) the total fees paid by the Client for that purchase, and (b) the amount payable under the Trainer's relevant insurance for that claim. For an online subscription, the fees paid for that purchase means the fees paid in the 12 months before the claim arose. The Trainer holds public liability and professional indemnity insurance so that a valid claim can be met, and this limit is set by reference to that cover rather than to a fixed sum.

This section allocates responsibility between the Trainer and the Client. It is not a waiver of the Client's legal rights, and does not require the Client to indemnify the Trainer.

18. Data Protection & Your Health Information

The Trainer is the data controller for personal information collected under this Agreement. The app provider (currently FITR) and the payment provider also handle certain information in connection with the service, as explained in the Privacy Notice.

Health information — including the declarations in Section 15 — is special category data under the UK GDPR, and is handled with corresponding care.
Explicit consent for the Trainer to process the Client's health information is given at the point that information is collected — that is, when the Client completes the Health Screening in Section 15 and accepts this Agreement for a specific purchase. It is shown alongside the Accept button as its own, separately labelled statement, set apart from the other confirmations for that purchase, and the Declaration at the end refers to it. The Trainer asks for it because pre-exercise health screening is necessary to deliver coaching safely. The Client may withdraw it at any time by contacting the Trainer, although the Trainer may then be unable to continue delivering coaching safely.
Full details of what is collected, why, the lawful basis for each purpose, who it is shared with, how long it is kept, whether it leaves the UK, and the Client's rights, are set out in the Trainer's Privacy Notice, which is made available alongside this Agreement and before acceptance.
The Client has rights of access, correction, erasure, restriction, portability, and objection in relation to their personal information, and the right to complain about how it is handled, as explained in the Privacy Notice.

If there is any inconsistency between this section and the Privacy Notice, the Privacy Notice applies.

19. Photography, Video & Recordings

Photographs and video are a normal part of good coaching, and they are also how the Trainer shows people what he does. These are two different things, and they are treated differently — the first is part of the service, the second is entirely your choice.

Recording as part of your coaching

The Trainer routinely takes short videos and photographs during sessions in order to analyse technique, check form, compare a lift or movement over time, track progress, and keep an accurate record of what was coached. Where the Client trains online, the Client may also send the Trainer video of themselves for the same purpose.
This use is part of delivering the coaching itself. Recordings made for it are kept securely, are used only by the Trainer for the Client's own coaching, and are not published, posted, or shown to anyone else.
The Client can ask the Trainer not to record, or to delete a particular recording, at any time and without giving a reason. The Trainer will do so. The only consequence is that detailed technique feedback becomes harder to give.
Recordings made for coaching are kept and deleted in line with the retention periods set out in the Privacy Notice.

Use for marketing and promotion — optional, and separate

The Trainer may also want to use photographs, video, or a testimonial featuring the Client to promote his coaching — on social media, his website, in advertising, in printed material, or in emails to prospective clients.
This is completely optional and is never a condition of coaching. Saying no changes nothing: not the coaching, not the price, not the Trainer's attitude, not anything else. A Client who declines is treated exactly the same as one who agrees.
Because it is optional, this permission is not given by accepting this Agreement, and accepting this Agreement does not give it. It is asked for separately, in the Trainer's Photo & Video Consent Form, and applies only if, and to the extent that, the Client gives it there.
The Client can withdraw that permission at any time, simply by telling the Trainer. The Trainer will stop using the material and will remove it from his own website and social media channels as soon as reasonably practicable. He cannot recall material that has already been printed and distributed, or that other people have already shared onward, and the Client should understand that before agreeing.
Even where permission has been given, the Trainer will use judgement: he will not publish anything unflattering, anything revealing health information the Client has not chosen to make public, or anything the Client has asked him not to use.

Shared spaces, and other people's cameras

Gyms and other venues have their own photography and filming policies, and other people training in a shared space may take photographs or video of their own. The Trainer is not responsible for recordings made by a venue, or by anyone other than himself.
Where the Trainer is filming in a shared space, he will take reasonable care to avoid capturing other people who have not agreed to appear.

Recordings the Client makes

The Client is welcome to film their own training for their own use. If the Client wants to publish anything that features the Trainer, or that reproduces his programming, please ask him first — the same courtesy in the other direction.

20. Termination

The Trainer may end this Agreement, or decline to continue coaching, where the Client:

fails to pay for coaching that has been provided or booked;
behaves abusively, threateningly, or unsafely towards the Trainer or others;
knowingly gives false or incomplete health information, or repeatedly ignores safety instructions; or
otherwise materially breaches this Agreement.

Where reasonably practicable, the Trainer will give notice and an opportunity to put things right first.

What happens to money already paid

Where the Trainer ends the Agreement for one of the reasons above, the Trainer will refund amounts paid for coaching not yet delivered, less the value of coaching already supplied and any reasonable, evidenced losses caused by the Client's breach. The Trainer will not simply retain the whole balance.
Where the Agreement ends because the Trainer can no longer provide the coaching, or for any other reason that is neither the Client's choice nor the Client's breach, sessions not yet delivered (in-person packages), or the unused portion of a paid subscription period, are refunded on a pro-rata basis unless the parties agree otherwise. Where a refund cannot be made through the app's payment system, the Trainer will pay it to the Client directly — for example by bank transfer.
Termination does not affect the Client's access to a fixed-length programme already purchased (Section 13), which is not an ongoing service.

The Client may end this Agreement at any time by telling the Trainer in writing, or — for an online subscription — by cancelling as described in Section 12. Choosing to end it does not by itself entitle the Client to a refund for sessions or periods already paid for; refunds are handled under Sections 7, 8, 11, 12, and 16.

21. Availability, Interruption & Circumstances Beyond Control

Short-term disruption

If the agreed venue for a session (see Section 4) is closed or unavailable, or conditions are unsuitable — for example maintenance, flooding, closure by the venue operator, or unsafe outdoor weather — for reasons outside the Trainer's control, the Trainer will reschedule the session at the earliest convenient opportunity, or offer an alternative venue or an online session by agreement. Where a session cannot reasonably be rescheduled or replaced, it is treated as a Trainer cancellation under Section 9.

Prolonged interruption

If the Trainer becomes unable to deliver coaching or programmes for a sustained period — for example through prolonged illness or injury, an extended platform outage, or another event outside his reasonable control — the Trainer will tell the Client as soon as reasonably possible and will, as appropriate to the circumstances:

pause an in-person package's validity period, or a subscription's billing, for the duration of the interruption;
arrange alternative delivery, such as online coaching in place of in-person sessions, or cover by another suitably qualified coach with the Client's agreement; or
refund amounts paid for anything that cannot be supplied.

The Client's statutory rights (Section 16) apply in addition to this section.

22. Complaints

If the Client is unhappy with any aspect of the coaching, a programme, or how a purchase has been handled, the Trainer would rather hear about it than not.

Complaints can be made by email to hello@keepitupfitness.com, by message through the app, or in person.
The Trainer will acknowledge a written complaint within 5 working days, and will aim to give a full response within 28 days. Where more time is genuinely needed, the Trainer will explain why and give a revised timescale.
Making a complaint does not affect any of the Client's statutory rights (Section 16), and the Client is free to pursue those rights at any point.
The Trainer is not required to, and does not currently, participate in any alternative dispute resolution (ADR) scheme. This does not affect the Client's statutory rights, or their right to take legal action.
If the Client is not satisfied with the Trainer's response, they can get free, impartial advice from the Citizens Advice consumer service (citizensadvice.org.uk), or from the equivalent consumer advice body where they live.

23. Notices & Communications

Contractual notices under this Agreement — including cancellation, health updates, complaints, and withdrawal of consent — may be given:

to the Trainer, by email to hello@keepitupfitness.com, or by message through the Trainer's app; and
to the Client, by email to the address held in the Client's app profile, or by message through the app.

A notice sent by email or app message is treated as received on the day it is sent, unless sent after 5pm or on a non-working day, in which case it is treated as received on the next working day. The Client should keep the email address on their profile current, and tell the Trainer if it changes. Routine day-to-day communication (arranging sessions, coaching feedback) can of course happen by whatever means suits both parties. This section does not limit how the statutory right to cancel may be exercised (Section 11): any clear statement, however sent, is effective, and is in time if it is sent before the cancellation period ends.

24. Changes to This Agreement

This Agreement may not be changed retrospectively. Coaching and programmes already purchased continue on the terms accepted at the time of purchase, and any price change does not apply to them — for an online subscription, that means any period already paid for; a subscription's price for future periods can change only as set out below.

Updated terms may apply to purchases made after the update, once the Client has been given them and has accepted them at the point of that purchase.
Prices and packages may change at any time for new purchases. The Trainer's Pricing document (for in-person coaching) and the purchase page in the app (for online subscriptions and programmes) show what applies at the date of purchase. A change never affects anything the Client has already bought. Existing in-person clients will be told about a change before it applies to their next purchase.
Subscription price changes: the Trainer may change the price of an ongoing online subscription by giving the Client at least 30 days' written notice (by email or app message). The new price applies from the first billing date after the notice period ends. The Client may cancel at any time before then, without penalty, and will not be charged the new price.
Other changes to an ongoing subscription: where a change would materially affect it, the Trainer will give at least 30 days' written notice before it takes effect. If such a change (other than a price change under the previous paragraph) materially disadvantages the Client, it will not apply to them unless they accept it, and the Client may cancel before it takes effect without penalty.

25. Governing Law & Jurisdiction

This Agreement is governed by the law of England and Wales, and the courts of England and Wales have non-exclusive jurisdiction over any dispute arising from it.

Where the Client is habitually resident in another country, this choice of law does not deprive the Client of the protection of any mandatory consumer laws of that country, which may also apply to this Agreement alongside English law. A Client resident outside England and Wales may also be entitled to bring proceedings in the courts of their own country of residence.

26. Declaration & Acceptance

By tapping Accept (or taking an equivalent clearly labelled action) within the Trainer's app, you confirm that:

You are at least 18 years of age.
You have had the opportunity to read this Agreement in full, and to save or print a copy, before accepting it.
You have read and understood it, including the sections on Services & Location (4), Scope of Coaching (5), Session Validity (6), Fees (8), Cancellations (9), the Trainer's App (10), Your Right to Cancel (11), Online Subscriptions (12), One-Off Programmes (13), Informed Consent (14), Health Screening (15), Your Consumer Rights (16), Liability & Allocation of Risk (17), Data Protection (18), and Photography, Video & Recordings (19).
You have answered the Health Screening declarations in Section 15 honestly and in full, and understand that where any of them applies to you, you must contact the Trainer before proceeding.
You have read the separately labelled statement shown beside the Accept button giving your explicit consent to the Trainer processing your health information (Section 18), and give that consent.
You are voluntarily agreeing to participate in coaching, or to use a programme, with KeepItUp Fitness on the terms set out above.

Your acceptance is recorded and timestamped by the app, together with the version of this Agreement you accepted, and has the same effect as a written signature. No separate signature, printed or digital, is required from you or from the Trainer.

Your acceptance relates to the specific package, subscription, or programme you are buying (Section 1). Where that purchase carries its own confirmation — asking for coaching to begin inside the 14-day cancellation period, or agreeing to immediate access to a fixed-length programme and the loss of the right to cancel that follows — the wording for it is displayed alongside the Accept button, and you give it by the same action.