Terms and Conditions
You are here
Image Fitness Training
1. Basis of the Contract
- By signing up for a course provided by Image Fitness Training (IFT) you (the Student) agree to purchase these services in accordance with these terms and conditions (the Conditions).
- The contract is made at the point at which a Student’s deposit is received in cleared funds for their chosen course (the Contract). IFT will use their best endeavours to ensure that those Students who have paid a deposit will have a place on their selected course.
- The Contract constitutes the entire agreement between the parties. The Student acknowledges that he or she has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of IFT which is not set out in these Conditions.
- Any samples, drawings, descriptive matter or advertising issued by IFT, and any descriptions or illustrations contained in the IFT’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the courses described in them. They shall not form part of the Contract or have any contractual force.
- These Conditions apply to the Contract to the exclusion of any other terms that the Student seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2. IFT’s Obligations
- IFT shall provide sufficient training (in IFT’s reasonable opinion) for Students to be adequately prepared to attain the CYQ Certificate.
- To ensure quality of instruction IFT limits the number of students per course, as it sees fit. Places are available on a ‘first come, first served’ basis. Application to participate in a course does not guarantee acceptance onto that particular course. We strongly advise that Students pay the required deposit as early as possible in order to secure a place on the particular course they desire and avoid disappointment.
- IFT shall provide to the Student a certificate evidencing their completion of the course subject to:
- the Student’s satisfactory completion of all the requisite assessments (both practical and written) contained within the course;
- the Student’s satisfactory completion of the all the requisite case studies (both practical and written) contained within the course;
- the full payment of all fees due to IFT without deduction or set off.
3. Student Obligations
- The Student shall:
- pay all course fees as they become due or in accordance with any instalment plan agreed between IFT and the Student;
- cooperate with IFT in all matters relating to the course or courses to be provided;
- provide IFT with all such information and materials as IFT may reasonably require in order to provide the courses and ensure that such information is accurate in all material respects;
- where possible attend every lesson. Where a student does not achieve 70% or greater attendance, they will not be eligible to partake in CYQ examinations;
- ensure that all mandatory course-work and case-studies set by IFT are submitted prior to the commencement of examinations;
- ensure that they meet the requirements for the relevant course before enrolling as the requirements for the different courses vary.
- behave in an appropriate manner at all classes and assessment days. If IFT reasonably deems a Student’s behaviour to be threatening, abusive, offensive or otherwise unacceptable IFT reserve the right to terminate the Contract without refund to the Student.
- The courses provided by IFT are practical-based fitness courses. Although IFT do not insist on a minimum fitness level as a requirement to starting the courses, the Student is hereby advised that the courses will require a basic level of physical ability & movement and Students should be prepared to actively participate in all classes, unless there is a medical reason otherwise.
- IFT reserves the right to:
- change and/or cancel the dates and times for classes and assessments;
- change the scheduled start date for any IFT course. If a course’s start date changes significantly you will be offered the option to transfer to another date or receive a full refund of all fees paid.
- change the tutor or content of any given classes. As such it is a course requirement that Students arrive for each & every class prepared for both a practical and a classroom based theory session. In effect, this simply means that writing materials, notes, workbooks etc. should be brought to every class & also that workout clothes should be worn to every class.
- Where the Student has missed a class, it is their responsibility to catch up on the topics & lessons missed, prior to returning to the next session. The Student’s responsibilities in this circumstance include but are not limited to arranging with class-mates to copy notes, finding out what assignments have been given by the tutors, what needs to be prepared before the next class and if any assessments are scheduled. Students will be encouraged from the start of the course to network with their class-mates, to swap contact details. In the unlikely event that notes & information cannot be obtained, then the tutor should be contacted for assistance. Please note, however, that the tutors cannot be expected to send class content to every student, across every course, for every class missed. Remember also, that due to the practical nature of the course, “catching-up” will never be as good as attending in the first place.
- Where the Student finds that they are struggling to understand or learn any aspect of the course content, they should speak to the relevant tutor or if preferred the course coordinator. Assistance may range from repeating a topic in class to suggestions on learning and practice techniques right through to additional tutoring time. This will be given on a case-by-case basis, at the discretion of the tutors, in consultation with the course coordinator.
- If the Student has a significant change in circumstances, which means they would be unable to attend their allotted course dates going forward, they may apply to switch to another course timetable where multiple course timetables are run at that venue. (By way of example to switch from an afternoon course to an evening or weekend course). The application will be considered by IFT, but is not guaranteed. It will depend on numerous factors, such as but not limited to the reason for requesting change and the availability of spaces on the desired course. We endeavour to accommodate such applications where possible, but the decision of IFT will be final.
- Should the Student require any extra tutorial as a result of missed days the fees are £150 day and £150 weekend. IFT may choose to waive those fees in certain circumstances, at their own discretion. Medical reasons for non-attendance must be accompanied by a medical certificate.
In the event of a course being cancelled before its commencement date, IFT will fully refund course fees paid but will not be held responsible for any additional costs incurred by the Student, such as transport or accommodation. In the event of a course being cancelled after its commencement date, IFT may decide, at its absolute discretion, to offer continuation of tuition on an alternative course. Where this is not suitable, course fees will be refunded.
- In the case of cancellation by the Student, prior to course commencement, the balance of course fees may only be refunded as outlined below. Notice of the Student’s non-participation must be given in writing.
- If the Student has a genuine medical or compassionate reason for why they are unable to commence a course where fees have already been paid, they may apply to the fees department of Image Fitness Training to defer their participation to a later date. Deferral applications will be dealt with on case-by-case basis & the decision of the fees department will be final. All submissions to the fees department must be made in writing and sent by post to: Image Fitness Training, Accounts Department, 72 Dollymount Ave, Clontarf Dublin 3.
- The option to pay course fees by instalment may be offered for some courses, venues or applicants at the discretion of IFT. In this case the Student must complete and return a direct debit mandate or standing form (as applicable) at the time of enrolment, or with the course coordinator on first day of the course. Where instalment payments are agreed, the Student will still become liable for the full course fee once the course commences.
- It may be possible to change the schedule of instalment payments to a different plan from the initial one, in certain circumstances. The course coordinator should be contacted in this case.
- Non-payment of fees due by instalment may result in:
- withdrawal of permission for the Student to continue their participation on the course,
- the Student may be deemed ineligible to sit examinations,
- withholding of the Student’s examination results, and
- certificates not being awarded to the Student.
- If the student encounters unforeseen circumstances which restrict their ability to pay instalments due, they should contact the course coordinators as soon as possible. Such cases will be dealt with by Image Fitness Training on a case-by-case basis
- The Student will have 14 days from the payment of their deposit within which they can cancel the Contract and withdraw from the course at no personal cost (Cancellation Period).
- Where a student signs up for the course within 14 days of the commencement of the course the Student acknowledges that this will constitute a request for the commencement of those services pursuant to regulation 36(1)(a), Consumer Contracts Regulations and accepts liability for the cost of the provision of any services provided up to the end of the Cancellation Period.
- Following the end of the Cancellation Period if the Student wishes to cancel the balance of course fees may only be refunded in the following proportions:
- Where the Student has given six weeks written notice prior to course start date, IFT will provide to the Student an 85% refund;
- Where the Student has given five weeks written notice prior to course start date, IFT will provide to the Student a 75% refund;
- Where the Student has given four weeks written notice prior to course start date, IFT will provide to the Student a 60% refund; and
- Where the Student has given less than four weeks written notice prior to course start date, no refund will be made to the Student.
7. Health and Safety
- IFT fully recommend that the Student undertakes a full medical with their GP prior to enrolment. It is the Student’s responsibility to ensure that they are not suffering from any illness, injury or other medical condition which may hamper complete participation on the course and to inform IFT of any illness, injury or other medical condition that they may have to enable IFT to determine whether any reasonable adjustments can be made.
- Where the Student’s attendance is affected by a medical reason an opportunity to repeat the course in full, selected portions of the course, or examinations may be offered at no extra fee depending on current circumstances, at the absolute discretion of IFT. Where this is not deemed appropriate, fees may apply.
- In the interests of health and safety. IFT requests that Students who are experiencing any cold, flu or similar symptoms which may indicate a contagious infection to refrain from attending classes until their symptoms have passed.
- Nothing in these Conditions shall limit or exclude IFT’s liability for
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by section 2 of the Supply of Goods and Services Act.
- Subject to clause 8.1
- IFT shall under no circumstances be liable to the Student whether in contract or tort, breach of statutory duty, or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with the Contract; and
- IFT’s total liability shall not exceed the price paid by the Student for the course.
9. Force Majeure
- For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of IFT including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the IFT or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
- IFT shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
- If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
11. Third parties
- A person who is not a party to the Contract shall not have any rights to enforce its terms.
12. Governing law
- This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
- Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).