Please review the following important terms and conditions before enrolling in our services, ensuring they align with your expectations and terms of agreement.

​1. ABOUT VIVACIOUSMB LTD AND THIS CONTRACT

1.1 Within this contract:

'we,' 'us,' or 'our' refer to vivaciousmb Ltd, a limited company website www.ptexperts.co.uk , and you can contact us via email at [email protected] or by phone at 07826491765.'you' or 'your' signifies the individual purchasing our Services, as described below.

1.2 If any part of this contract is unclear or requires clarification, please get in touch with us via email at [email protected] or by phone at 07826491765.

1.3 By purchasing our Services, you are legally bound by this contract.

1.4 We retain the right to amend or update this contract periodically, and we will provide details of these changes before they become effective.

2. OUR SERVICES

We will employ and contract professional staff with the necessary expertise to create an effective exercise and/or nutrition program for you ("Program") and provide these services ("Services"). The services encompass exercise sessions, nutrition consultations, and movement assessments, each referred to as a "Session."

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3. ENROLLING IN OUR SERVICES

3.1 When you confirm in writing your intention to purchase our Services, you are making an offer to acquire our Services.

3.2 We will accept your offer and form a legally binding contract when we send you a confirmation email. At this juncture:

3.2.1 A contract is established between you and us. 3.2.2 We will begin providing the Services as agreed upon.

3.3 If you are under 18 years old, you cannot purchase our Services.

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4. YOUR PERSONAL TRAINER /  COACH

4.1 We will designate a specific staff member to deliver our Services to you, depending on your needs, either a personal trainer ("Personal Trainer") or a coach ("Coach").

4.2 Your Personal Trainer or Coach (as applicable) will collaborate with you to tailor a Program that aligns with your goals.

4.3 If your assigned Personal Trainer is unable to continue providing our Services, we will assign a new Personal Trainer or Coach to you, and no refunds for used or unused Sessions will be issued.

4.4 If a change in Personal Trainer or Coach is necessary, we will appoint another Professional Trainer or Coach at our discretion. Any Sessions conducted with the previous Professional Trainer or Coach are non-refundable.

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5. PRICING AND PAYMENT

5.1 Our Services are priced according to a quotation-based system, specifying a fixed price for the Program, which will be detailed in the Confirmation Email. For any billing inquiries or questions, please contact us using the provided contact information.

5.2 Payment for the Program should be made in full or through an agreed-upon monthly payment plan, as outlined in the Confirmation Email.

5.3 The due date for each monthly installment is determined by your initial deposit payment date, independent of the number of Sessions delivered within the Program. Monthly installment payments must be made on or before the due date to avoid late payment fees.

5.4 If we do not receive your payment in accordance with clause 5.3, we may charge interest on the outstanding balance at a rate of 3% per year above the Bank of England's base rate.

5.5 The price of the Services: 5.5.1 Is in pounds sterling (£GBP). 5.5.2 Includes VAT at the applicable rate. 5.5.3 Does not cover the cost of any supplements recommended as part of the Program.

5.6 All payments made for our Services are non-refundable and non-transferable.

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6. SCHEDULING A SESSION

6.1 You are responsible for booking each Session directly with your Personal Trainer or Coach and receiving written confirmation.

6.2 All Sessions within a Program must be used within the agreed duration based on the program you are assigned to, and start from the date of the first Personal Training session. Unused Sessions beyond this period will not be refunded.

6.3 In the event of a break in training, notified to us and agreed upon, expired Sessions may be reinstated for a fee paid per extension month. Please contact us for further information.

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7. YOUR RESPONSIBILITIES AND HEALTH

7.1 Appropriate attire must be worn during Sessions. Barefoot training is not allowed for safety reasons, so you must have suitable trainers for exercise.

7.2 It is essential to complete the Program fully to achieve the desired results.

7.3 You must complete a physical health questionnaire ("Questionnaire") before your first Session with us, and you must provide accurate information in the Questionnaire.

7.4 We may request 'medical clearance' from your GP before providing our Services, and any charges for this letter will be your responsibility.

7.5 You are responsible for notifying us of any health conditions or changes that may affect your ability to exercise safely and with minimal risk of injury.

7.6 If we require additional medical information, you must provide it before we can deliver our Services.

7.7 Participation in strenuous exercise and nutrition programs carries inherent risks. We are not liable for any injuries sustained during training, except where gross negligence or intentional harm on our part is proven.

7.8 We cannot be held responsible for undisclosed or unknown medical conditions. 7.9 Our Personal Trainers and Coaches are not medical professionals. Their exercise programs are for guidance purposes only. Consult your GP before beginning a Program, as Personal Trainers or Coaches cannot offer medical treatment or diagnose medical conditions.

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8. NUTRITION PROGRAMS

8.1 To provide optimal service, various measurements, including weight, height, body fat measurements, body size measurements, and 'before' and 'after' pictures, may be taken. Please inform us if you prefer not to undergo these measurements, but be aware that this will impact the accuracy of the nutritional advice and progress tracking.

8.2 Diet plans are offered as guidelines and are based on the information you provide in the initial consultation. Diet plans vary and may not be suitable for everyone. Promptly report any concerns about your diet plan to your Coach for discussion and adjustment.

8.3 While every effort will be made to create a diet plan to help you achieve your goals, not all diet plans guarantee success. It is your responsibility to follow the diet plan as directed by your Coach to achieve the best results.

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9.CANCELING OR RESCHEDULING A SESSION

9.1 If your Personal Trainer or Coach is unable to conduct a Session due to illness or an emergency, the Session will be rescheduled.

9.2 If you wish to reschedule or cancel a Session, you must do so at least 12 hours before the scheduled Session time.

9.3 Should you decide to cancel or reschedule a Session less than 12 hours before the scheduled time (for any reason), the Session will be lost, and no refunds will be issued.

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10. LATENESS

10.1 In the event that your Personal Trainer is delayed for a Session, the Session or a subsequent Session will be extended accordingly.

10.2 Exercise Sessions are typically designed to last 15 to 30 minutes, while Coaching Sessions are typically scheduled for 25 to 30 minutes. All Sessions will commence at their scheduled time. If you arrive late for a Session, the Session will not be extended.

10.3 If you are more than 10 minutes late for a Session, your Personal Trainer or Coach may choose to cancel the Session. In such a case, the Session will be considered forfeited, and no refunds will be provided.

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11. NATURE OF OUR SERVICES

11.1 The Consumer Rights Act 2015 provides you with certain statutory rights. For instance, it ensures that our Services are executed with reasonable care and skill. 11.2 We are obligated to deliver Services that align with your statutory rights.

11.3 For more detailed information on your rights and our service expectations, please visit the Citizens Advice website at

www.adviceguide.org.uk

or contact them at 03454 04 05 06.

11.4 This contract does not diminish your statutory rights under the Consumer Rights Act 2015, and you may possess additional rights under the law.

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12. ONLINE PURCHESES

12.1 Courses and information products bought online are not refundable

12.2 Concerning items bought online, we offer a full refund for unused items if returned within 14 days of purchase. After this initial 14-day period, we issue store credit that can be used within 30 days. No returns will be accepted without a valid receipt.

12.2 For inquiries or assistance with online purchases or returns, please contact

[email protected]

.

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13. YOUR PRIVACY AND PERSONAL INFORMATION

13.1 To learn more about our privacy practices, please refer to our Privacy Policy available on our privacy policy page.

13.2 We consider your privacy and personal information to be of paramount importance. Any personal information you provide to us will be managed in accordance with our Privacy Policy. The Privacy Policy outlines the information we collect from you, the reasons behind its collection, how we store, use, and share this data, your rights regarding your personal information, and the means to contact us and supervisory authorities in case you have inquiries or complaints about the handling of your personal information.

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14. TERMINATION

14.1 We reserve the right to terminate our Services immediately in the event of: 14.1.1 Verbal or physical abuse directed toward any of our Personal Trainers or Coaches by you. 14.1.2 A valid complaint about your conduct submitted by any Personal Trainer or Coach.

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15. INTELLECTUAL PROPERTY

15.1 All intellectual property rights concerning www.ptexperts.co.uk and our Services, including but not limited to the Program and all materials and information provided by us, are either owned by us, our licensors, or both, as applicable. Intellectual property rights encompass copyrights, trademarks, domain names, design rights, database rights, patents, and all other intellectual property rights, whether registered or unregistered, globally. We and our licensors reserve all our rights in any intellectual property related to the Services, meaning we retain ownership and the freedom to utilize these assets as we see fit.

15.2 This agreement does not grant you rights beyond what is necessary for your personal use of the Services. Consequently, you are not permitted to share your Program or any other materials or information provided by us with third parties without our prior consent.

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16. UNFORESEEABLE EVENTS Our ability to provide the Services may be impeded by events beyond our control. In such cases, there may be delays in restarting or providing the Services. We will make reasonable efforts to minimize the impact of events beyond our control and strive to recommence the Services as soon as those events are resolved. We will also keep you informed of the steps taken to reestablish the Services. Examples of such events include, but are not limited to, our inability to access the training facility or internet at the agreed Session times due to war, pandemics, fire, or flooding. The suspension of Services under this provision will not constitute a breach of the contract, and we will not be liable to refund any amounts paid to us.

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17. CONTRACT TERMINATION The termination of this contract, for any reason, will not affect our entitlement to receive any outstanding payments due under this contract.

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18.LIMITATION OF LIABILITY

18.1 Apart from any legal obligations that we cannot legally exclude, such as those related to death or personal injury, or those arising from applicable laws regarding the protection of personal information, we are not legally responsible for: 18.1.1 Losses that were not foreseeable at the time the contract was formed, for both you and us, or that were not caused by any breach on our part. 18.1.2 Business losses. 18.1.3 Losses experienced by non-consumers.

18.2 You are responsible for the security of your personal belongings at all times, and we will not be liable for any loss or damage to your personal possessions during Sessions.

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19. DISPUTE RESOLUTION

19.1 We are committed to resolving any disputes with you in a prompt and efficient manner.

19.2 If you are dissatisfied with: 19.2.1 The Services. 19.2.2 Our overall service to you. 12.2.3 Any other matter, please contact us as soon as possible.

19.3 In the event that you and we cannot resolve a dispute through our internal complaint handling procedure, we will: 19.3.1 Inform you that we are unable to reach an agreement. 19.3.2 Provide you with the information required by law regarding our alternative dispute resolution provider.

19.4 If you choose to initiate legal proceedings, the courts in the part of the United Kingdom where you reside will have non-exclusive jurisdiction over this contract. English law governs this contract.

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20. THIRD PARTY RIGHTS No party outside of this contract has the right to enforce any of its terms.