T's & C's

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.

IFT’s Obligations

• IFT shall provide sufficient training (in IFT’s reasonable opinion) for Students to be adequately prepared to attain the NEFPC.

• 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 course. We strongly advise that students pay the required deposit as early as possible to secure a place on the 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 Students 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

• inform IFT of any physical or learning disabilities which may affect student throughout the course, workshops or examinations.

• where possible attend every lesson. Where a student does not achieve 75% or greater attendance, they will not be eligible to partake in NEFPC examinations

• Note that late-coming to class or early leaving class is recorded on student profiles and may affect attendance requirements for examinations.

• ensure that all mandatory course-work and case-studies set by IFT are submitted prior to the commencement of examinations

• ensure all formative assessments and continuous assessments are completed and not missed. Missing part of a continuous assessment may result in ineligibility for certification I.e., if studio cycle practical assessment is missed then additional certification will not apply.

• Note that use of mobile phones is prohibited in class. If in the case of an emergency where a student may need to accept a call during class, notice must be given to the tutor before commencement of class. All phone calls will be taken and dealt with outside the class.

• ensure that they meet the requirements for the relevant course before enrolling as requirements for different courses may vary.

• behave in an appropriate manner at all classes and assessment days. If IFT reasonably deems a Students 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.

• The Student shall be fully competent in the English language. This is expected in all the following skills; listening, reading, writing, speaking and understanding.

Courses

• IFT reserves the right to

• reschedule and/or cancel the dates and times for classes, examinations and assessments

• change the scheduled start date for any IFT course. If a courses 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 Students 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 should note that Continuous assessments (C.A) will not be repeated throughout or at a later stage during the course, if missed. 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.

• 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.

• IFT offer a 14-day cooling off period from date of initial deposit or payment. This payment secures a place on the relevant course. During this period of 14 days, if a student cannot commit to his/her course place then a full refund maybe granted, written notice must be received within 14 days to admin@imageft.ie. After this period, no refund/ transfer policy will apply.

• IFT will endeavour to give adequate notice for additional PLUS workshops. Timetables will be given to students with maximum notice, at least 8 weeks prior to PLUS workshops commencing. It is the students responsibility to attend each workshop. Where a student cannot attend an additional PLUS workshop, there will be no alternative workshops arranged. Nonattendance of PLUS workshops will not affect NEFPC Qualification. Students will receive certification for all workshops attended, achieved and completed only. No refund / transfer / down grading will be permitted after 14-day cooling off period of initial sign up date.

Payment

• Course registration will commence after deposit or payment in full is received and student registration has been completed. This will commence the contract between IFT and the student.

• Payments can be made by cash / cheque / credit card / debit card / EBT

• The option to pay course fees by instalment or with monthly payment plans, may be offered for some courses, venues or applicants at the discretion of IFT. Where instalment payments are agreed, the Student will become liable for the full course fee after 14-day cooling off period ends.

• Examination results can not be released for any student until all of their course fees are paid in full.

• Non-payment of fees due by installment 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,

• certificates not being awarded to the Student.

• If the student encounters unforeseen circumstances which restrict their ability to pay instalments due, they should contact accounts@imageft.ie as soon as possible. Such cases will be dealt with by Image Fitness Training on a case-by-case basis

• Course fees may vary

Cancellation

• 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).

• Following the 14-day cooling off period, if the Student wishes to cancel commencement of agreed course, full payment of course fees will be due in full.

• IFT does not offer transfer of courses, venues or start dates.

• IFT does not offer alternative courses if a student cannot commence after the 14-day cooling off period has lapsed.

• IFT does not offer a refund policy after 14 days cooling off period for courses or workshops.

• IFT does not offer a downgrade of PLUS workshops after 14 days cooling off period.

Health and Safety

• IFT fully recommend that the Student undertakes a full medical with their GP prior to enrolment. It is the Students 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.

• 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.

Liability

• 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

• 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.

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.

Severance

• 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.

Third parties

• A person who is not a party to the Contract shall not have any rights to enforce its terms.

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Examination Terms & Conditions

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• The first repeat will be free ONLY if a student has a minimum 75% attendance.

• Students may be given a different date due to exceptional circumstances. This will be determined on a case-by-case basis by head office.

• Students who cannot make their respective repeat date will be charged €160 for a new date to be offered

This privacy policy is for www.imageft.ie governs the privacy of its users who choose to use it.

The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy

The Website

• This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website comply’s to all UK national laws and requirements for user privacy.

Use of Cookies

• This website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user’s computer / devic

• Cookies are small files saved to the user’s computers hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.

• Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.

• This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google’s privacy policy here for further information [http://www.google.com/privacy.html].

• Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.

Contact & Communication

• Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998.

• Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.

• This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.

Email Newsletter

• This website operates an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.

• Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Under the Data Protection Act 1998 you may request a copy of personal information held about you by this website’s email newsletter program. A small fee will be payable. If you would like a copy of the information held on you please write to the business address at the bottom of this policy.

• Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list].

• This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.

• In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.

External Links

• Although this website only looks to include quality, safe and relevant external links, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website.

• The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links.

Social Media Platforms

• Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.

• Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.

• This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.