Terms & Conditions

Thank you for choosing Pearton Performance. These Terms & Conditions apply to personal training, strength and conditioning, mobile training, hybrid or online coaching, assessments, group sessions and other coaching services supplied by Pearton Performance Ltd (“Pearton Performance”, “we”, “us” or “our”), unless separate service-specific terms are expressly agreed in writing.

By booking, paying for, attending or asking us to begin a service, you confirm that you have had an opportunity to read these terms and agree to be bound by them. Nothing in these terms affects rights you have under applicable consumer law.

1. Bookings and payment

Fees and the services included will be confirmed before purchase. Sessions, blocks and coaching plans must be paid for in advance unless we agree another payment arrangement in writing.

Where a recurring monthly payment has been agreed, payment will be taken on the agreed billing date. If a payment fails or becomes overdue, we may pause future sessions or coaching until the account is brought up to date.

We will not impose hidden charges. Any additional fee, travel charge, venue fee or service-specific cost will be disclosed before you agree to it.

Payments are not automatically refundable simply because a client changes their mind after any applicable statutory cancellation period. However, refunds, credits or deductions will always be handled in accordance with applicable consumer law, these terms and the circumstances of the cancellation. We will not seek to retain more than we are lawfully entitled to retain.

2. Statutory cooling-off rights

If you enter into a contract with us online, by telephone, at your home, in a park or in another situation where consumer law gives you a statutory cancellation period, you may have the right to cancel within 14 days without giving a reason.

If you ask us to start providing services during an applicable 14-day cancellation period and then cancel before that period ends, you may be required to pay a proportionate amount for services already supplied. Where a service has been fully performed during the cancellation period following your express request and acknowledgement, the statutory cancellation right may end.

This section does not create a cancellation right where the law does not provide one, and it does not reduce any statutory right you do have. A simple cancellation form is included at the end of this document, although you do not have to use that form if you clearly tell us you wish to cancel.

3. Cancelling or rescheduling a booked session

A minimum of 24 hours’ notice is required to cancel or reschedule an individual booked session without the session normally being counted as used.

If less than 24 hours’ notice is given, or if you do not attend, the session will normally be treated as used. This reflects the fact that the appointment time has been reserved for you and may not be capable of being rebooked at short notice.

We may waive a late-cancellation charge or restore a session in genuine emergencies or exceptional circumstances. Any decision will take account of the circumstances and will be made reasonably.

A cancellation or rescheduling request is only effective once it has been communicated to us using an agreed contact method such as WhatsApp, text message or email.

4. Late arrival and no-shows

Please arrive ready to begin at the scheduled start time. If you arrive late, the session will normally still finish at the original scheduled end time because another client may be booked afterwards.

If you are significantly late and there is not enough time to conduct the session safely or effectively, we may treat the appointment as a late cancellation or no-show.

If a Pearton Performance coach is late, we will make reasonable efforts to provide the full booked training time, extend the session where possible, or provide an appropriate credit.

5. Session blocks — validity and expiry

Prepaid session blocks are intended to be used consistently. Unless we agree otherwise in writing, the following validity periods apply:

• 8-session block: 12 weeks
• 12-session block: 18 weeks
• 24-session block: 36 weeks

The validity period normally begins on the date of the first session from the block. The first session should be booked within 30 days of purchase unless another start date is agreed in writing.

Unused sessions remaining after the applicable expiry date will normally expire. Sessions cannot be accumulated indefinitely, transferred to another person or exchanged for cash unless we agree otherwise in writing.

Where illness, injury, pregnancy, medical treatment or another significant circumstance prevents training for a meaningful period, we will consider a reasonable extension or pause on a case-by-case basis.

If we cancel sessions or are unable to offer reasonable opportunities for you to book and use your sessions before expiry, we will extend the validity period or provide an appropriate alternative so that you are not disadvantaged by our unavailability.

For clients who already held an active block before these updated terms were introduced and did not previously have an agreed expiry date, the new expiry period will not be applied retrospectively in a way that removes sessions without reasonable notice. We will confirm the applicable transition date with the client.

6. Monthly personal training plans

Monthly plans provide the agreed allocation of personal training sessions per billing month. Current plans may include 2 sessions per month or 3 sessions per month, or another allocation confirmed in writing.

Monthly sessions are intended to be used within the billing month. As a general grace period, an unused monthly session may be used for up to 30 days after the end of the billing month in which it was allocated, unless a different arrangement has been agreed.

Sessions that remain unused after the applicable period will normally expire unless the session qualifies for an agreed holiday rollover, medical pause, coach cancellation or another agreed exception.

Clients are responsible for booking sessions with reasonable notice. Specific days, times or coaches cannot be guaranteed indefinitely, although we will make reasonable efforts to provide suitable appointment options.

7. Planned holidays, travel and monthly adjustments

We understand that clients may occasionally be unable to train because of planned holidays, work travel or other known commitments.

If you know in advance that you will be away, please tell us at least 14 days before your next monthly payment date. Where reasonable, we can agree one of the following in writing before the payment is processed:

• reduce the upcoming month's session allocation and adjust the corresponding monthly payment; or
• keep the normal monthly payment and roll the affected session or sessions forward.

Where a monthly payment has already been processed, we will not normally make a retrospective price adjustment solely because of a planned holiday. Instead, where the holiday was notified reasonably in advance, affected sessions can normally be rolled forward.

Holiday rollover sessions must normally be used within 60 days after the end of the billing month in which they were originally allocated. They cannot be rolled forward indefinitely.

If advance notice is not provided, we are not required to retrospectively reduce a monthly payment or extend the normal session validity period. We may still make a reasonable exception depending on the circumstances.

Holiday arrangements do not override the 24-hour cancellation rule for individual appointments that have already been booked.

8. Coach cancellations, substitution and availability

If we need to cancel a session, the session will not be lost. We will offer a rearranged appointment, suitable replacement coach where appropriate, credit or other reasonable solution.

Where Pearton Performance operates with more than one qualified coach, we may occasionally offer another suitable coach if your usual coach is unavailable. You may decline a substitute and rearrange instead where reasonably practicable.

We may need to change venues or move an outdoor/mobile session where conditions, access, safety or venue rules make the original location unsuitable. We will give as much notice as reasonably possible.

9. Health, PAR-Q and medical information

Before training, you may be required to complete a Physical Activity Readiness Questionnaire (PAR-Q), health screening form or other onboarding information. You must answer honestly and update us if your health, medication, injury status, pregnancy status or other relevant circumstances change.

You are responsible for telling your coach about any pain, injury, illness, dizziness, unusual symptoms or concern that could affect safe participation.

We may pause, adapt or stop a session if we believe continuing would be unsafe. Where appropriate, we may ask you to obtain clearance or guidance from a GP, physiotherapist or other qualified healthcare professional before continuing.

Our coaching is not a substitute for medical diagnosis, treatment or emergency care.

10. Exercise risk and liability

Physical exercise involves inherent risks, including muscular soreness, strains, sprains, falls and other injuries. We will take reasonable care to plan and coach sessions appropriately, but no form of exercise is completely risk-free. You agree to follow reasonable safety instructions, use equipment as directed and tell your coach immediately if you feel unwell or unsafe.

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot legally be excluded or restricted.

11. Online, hybrid and remote coaching

For sessions or programmes completed without a coach physically present, you are responsible for ensuring that your training environment and equipment are suitable and safe. Exercise demonstrations, programmes, nutrition guidance and coaching information are provided for general coaching purposes and should be followed within your own abilities and any medical advice you have received. If a coaching app or third-party platform is temporarily unavailable, we will make reasonable efforts to provide programme information through another practical method where necessary.

12. Group, bootcamp and outdoor sessions

Group and outdoor sessions may be adapted, relocated, shortened or cancelled where weather, ground conditions, venue restrictions or other safety concerns make the planned session unsuitable. Where we cancel a paid group session and cannot reasonably reschedule it, an appropriate credit or refund will be offered where applicable. Clients must follow coach instructions and respect other participants, members of the public, venues and equipment.

13. Client conduct

We expect respectful behaviour towards coaches, other clients, venue staff and members of the public. Harassment, threatening behaviour, discrimination, deliberate damage, repeated unsafe conduct or serious disruption will not be accepted. We may end a session or terminate services for serious or repeated misconduct. Where services are terminated by us, any treatment of unused prepaid amounts will take account of services already supplied, any direct loss caused by the breach and the client’s statutory rights.

14. Results and client responsibility

We will provide professional coaching and reasonable support, but results cannot be guaranteed. Progress depends on factors including attendance, effort, recovery, nutrition, lifestyle, adherence, training history and individual response. You remain responsible for decisions and actions taken outside coached sessions, including unsupervised training and dietary choices.

15. Cancelling or changing a monthly plan

Unless a separate minimum term has been expressly agreed in writing, you may cancel a recurring monthly plan by giving us at least 7 calendar days’ notice before the next scheduled payment date. If notice is received after a payment has begun processing, we will deal fairly with any payment taken for future services and provide any refund or credit required by law or agreed with you.

For longer-term injury, illness or other significant circumstances, we may agree to pause a monthly plan rather than cancel it. If we change the price of a recurring monthly plan, we will give reasonable advance notice before the new price takes effect. You may cancel before the new price takes effect if you do not wish to continue at the revised price.

16. Termination by Pearton Performance

We may suspend or end services for non-payment, serious misconduct, persistent breach of these terms, repeated unsafe behaviour, or another substantial reason that makes continued coaching unreasonable or unsafe.

Except where immediate action is reasonably necessary for safety or serious misconduct, we will normally explain the issue and give reasonable notice or an opportunity to resolve it.

If we end services for reasons that are not the client’s fault and cannot provide the remaining paid services, we will provide an appropriate refund or credit for the unprovided portion.

17. Personal data, privacy and marketing

We handle personal information in accordance with our Privacy Policy and applicable UK data protection law. Health and training information should only be shared with us where it is relevant to the service.

Marketing consent is separate from accepting these Terms & Conditions. We will not use identifiable client photographs, videos or testimonials for marketing simply because the client has accepted these terms; separate permission should be obtained where required.

18. Clients under 18

Clients under 18 must have the consent of a parent or legal guardian before participating in paid coaching. We may require the parent or guardian to complete or countersign health, consent and booking documentation.

19. Events outside our reasonable control

Neither party will be treated as breaching these terms because of a delay or failure caused by an event genuinely outside their reasonable control. Examples may include severe weather, venue closure, transport disruption, serious illness or government restrictions.

We will communicate as soon as reasonably possible and try to rearrange affected services. If a prolonged disruption means we cannot provide paid services, we will deal fairly with unused payments and any refund rights.

20. Complaints

If you are unhappy with any part of the service, please contact us as soon as possible at peartonperformance@outlook.com or using your normal contact method. We will aim to acknowledge a formal complaint within 5 working days and work with you to resolve it reasonably. Nothing in this complaints process limits any legal rights or remedies available to you.

21. Changes to these terms

We may update these terms where reasonably necessary, for example to reflect changes to services, business operations or law. Material changes affecting an existing recurring service will be communicated in advance and will not be used to remove accrued rights unfairly.

The version in force when a one-off block or service is purchased will generally apply to that purchase unless a later change is required by law or is expressly agreed.

22. Governing law

These terms are governed by the laws of England and Wales, subject to any mandatory consumer rights that apply. Nothing in these terms prevents a consumer from relying on rights that cannot lawfully be excluded.

Client acceptance

When you sign a client acceptance form, you confirm that you have read and understood these Terms & Conditions and agree to them. Where a statutory 14-day cancellation period applies to your booking, that form also records:

• your request for Pearton Performance to begin supplying the service during the cancellation period, if you choose to start within that period;
• your understanding that if you cancel after services have started, you may have to pay a proportionate amount for services already supplied;
• your understanding that if the service is fully performed during the cancellation period following your express request and acknowledgement, your statutory right to cancel may end.

The cooling-off wording above applies only where consumer law gives you that right. It does not reduce any statutory rights.

Optional statutory cancellation form

Use this only if you wish to cancel a contract during an applicable statutory cancellation period. You may also cancel by any other clear statement sent to us. Write to Pearton Performance Ltd, or email peartonperformance@outlook.com, giving notice that you cancel your contract, together with your name, address and the date.

Pearton Performance Ltd · Terms & Conditions · Version 2.0