- These Trainer Terms apply between you and Aptitude Fitness Limited (We / Us / Our), a private company incorporated and registered in England and Wales with company number 10808629 whose registered office is at Maple Works, 73 Maple Road, Surbiton, Surrey, KT6 4AG, United Kingdom.
- The Trainer Terms are a legally binding agreement under which you:
- are granted a licence to use the Go:Do Pro application (Trainer App), any applicable Go:Do website (Website) and any propriety software (together, the Software); and
- agree to provide training and other fitness services to members of the public requesting such services through the Trainer App (Users).
- We can be contacted by writing to Aptitude Fitness Limited, at Maple Works, 73 Maple Road, Surbiton, Surrey, KT6 4AG, United Kingdom or by e-mail at firstname.lastname@example.org.
- We provide a digital marketplace, accessed via the Trainer App and the Go:Do user application (User App), that allows Trainers to receive and accept requests from Users for training and other fitness services (together, the Aptitude Services).
- We agree to provide the Software and Aptitude Services to you, for use in accordance with these Trainer Terms. The training, fitness and/or workout services that you provide to Users through the Aptitude Services shall be referred to as Workouts.
- We do not provide Workouts. The Workouts are solely provided by you and other Trainers – as independent businesses – to the Users. Once you agree to a Workout, you will be entering into a separate agreement with the relevant User (and not with Us) for the provision of that Workout as further set out in clause 9 below. As you are an independent business, you are free to provide other workout services independently from these Trainer Terms.
- You are responsible for providing the venue, and all equipment necessary, for performance of the Workouts, at your own expense. You must make, and pay for, all arrangements necessary with venue providers.
- In order to use the Trainer App, you are required to have internet access and a device with the necessary minimum specifications, which are currently:
- Operating system: Apple iOS 10.3 and above or otherwise stipulated from time to time by Us; and
- Language: English.
- You must ensure that your device contains adequate anti-virus protection and any appropriate firewall protections to prevent unauthorised access and use.
- We reserve the right to upgrade versions of the Trainer App available from time to time to alter functionality of the Trainer App. This may require you to update, at your own cost, the functionality of other compatible software in order to ensure compatibility with the Trainer App.
We may provide support services in relation to use of the Trainer App on English business days from 08:00 – 18:00 (GMT+2). The support services consist of in-app messaging, email communication and telephone support. Further details can be found on the Trainer App or our Website. We have the right to stop providing the support services at any time, by giving you reasonable notice.
Registration with Us
- After downloading the Trainer App on your device, you must apply to register with Us through the App before you can generate a profile.
- You will be asked to select a user name and password when registering. These details are personal to you and are not transferable, without Our express written consent. The user name and password are the methods used by Us to identify users of the Aptitude Services and so are very important.
- By submitting your registration application, you represent and warrant that:
- you are over the age of eighteen (18) years;
- you can legally enter into an agreement with Us to use the Aptitude Services and offer Workouts;
- you are legally allowed to work and offer the Workouts in the United Kingdom;
- you have carefully studied, fully understand and agree to be bound by these Trainer Terms, including all the obligations imposed on you by these Trainer Terms;
- all the information presented to Us is, and shall continue to be, accurate, correct and complete;
- once you have an account to use the Aptitude Services, you will not authorise any other person to use your account nor transfer or assign it to any other person, without Our express written consent;
- you will not use the Software for unauthorised or unlawful purposes or impair the proper operation of the Software;
- you will not copy or distribute the Software or other content belonging to Us without Our prior written permission;
- you have, and will continue to have, all the necessary qualifications and insurances to provide the Workouts under these Trainer Terms;
- you are, and will at all times be, medically fit to provide Workouts and shall not engage in reckless behaviour while providing Workouts, including by providing Workouts while under the influence of alcohol or drugs, or taking action that harms or threatens to harm the safety of Users or third parties; and
- As part of the registration process, you will need to generate a profile on the Trainer App (Profile). In generating your Profile, you will need to supply Us with information about yourself, your qualifications and other information requested by Us, such as proof that you hold the required insurance in order for Us to verify your ability to offer Workouts on the Trainer App. We may verify this information with third party providers.
- We will review your Profile and may approve you to be a Trainer associated with the Trainer App if you meet the necessary criteria. We reserve the right not to launch your Profile without providing reasons to you. We may request further information or evidence before making a decision on whether to launch your Profile, and you agree to provide any such materials we reasonably request.
- We will continually monitor your compliance with these Trainer Terms, including verifying your insurances and information. You must promptly notify Us if any of the information you have provided to Us becomes incorrect or inaccurate. You agree to co-operate with Us and provide any further documents or information requested in order for Us to conduct any further checks.
- Once approved to work with Us, we will activate your Profile and it will go live on the Software.
- In order to use the Software, you must access your personal account in the Trainer App using the user name and password you selected during registration and update your account information. You warrant that you will keep this account profile up to date at all times.
- Users of Our User App will communicate with you in relation to possible Workouts where the relevant User finds the price, location and other details you have set acceptable. The Trainer App is the only way in which you can accept an offer of a Workout from a User of the User App. Once you have accepted a Workout through the Trainer App, all the relevant information will appear in your Trainer App, including the details of the User and the nominated location and you will be able to manage the Workout through the Trainer App.
- We will use the Trainer App to communicate with you in relation to the Aptitude Services we provide. This will include contacting you about Workout requests, cancellations, Aptitude or other events as well as push notifications in the Trainer App from time to time.
- You will have complete discretion about whether to accept any offer of a Workout from a User. However, if you do not respond within a set timeframe or you decline the Workout, We will notify the User accordingly and offer them alternative options.
- You are responsible for all information posted on, and use of the Software, by anyone using your user name and password. If you suspect that your user name or password have been copied or stolen, you must notify Us immediately.
- All intellectual property rights in the Software, its content and any related documentation existing anywhere in the world belongs to Us or Our licensors (and are protected by copyright and/or trade secret laws and other international treaty provisions) and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any way without Our prior written consent. You will not have any rights of ownership in the Software, its content or any related documents.
Accepting and Completing Workouts
- You are solely responsible for loading the types of Workouts you offer, the times and locations you are available, the price(s) and the applicable cancellation policy. We encourage you to keep your profile up to date, especially in relation to pricing and availability.
- We will, through the Trainer App, connect you with any User requesting a Workout with you by way of a prompt through the Trainer App. These requests will be personal to you, as the User will have selected your Profile, a Workout, an available timeslot and location.
- You are not obliged to accept any requests from Users for Workouts. Each Workout you choose to accept through the Trainer App will constitute a separate agreement between you and the applicable User, with such an agreement coming into force from the time you agree to the Workout through the Trainer App. You acknowledge that We only provide the Aptitude Services to facilitate the making of such contracts between you, as Trainer, and the relevant User requesting a Workout.
- We do not guarantee that the use of the Software will result in requests from Users for Workouts. We simply provide the Trainer App for you to advertise to Users and then facilitate the booking process between you and any interested Users so that you can choose to provide Workouts to Users.
- As part of the Aptitude Services, Users may provide feedback on you and your provision of the Workouts in the form of ratings. These ratings are made available to prospective Users as part of the User App. You should contact Us if you have any issues with the ratings that you are provided with. We shall provide you with assistance on the Aptitude Services including steps to consider taking to help you maintain good User feedback and ratings.
- You must use the Trainer App to book any training, fitness and/or workout service with a User who found you through the Software. Using any means to circumvent the Aptitude Services to organise a training, fitness and/or workout service with a User with the effect of avoiding the commission payment to Us, will be a material breach of these Trainer Terms and may result in us immediately terminating your account. You also agree to reimburse us the Commission that would have been payable if the booking was completed through the Software in accordance with these Trainer Terms.
- In exchange for the licence granted to you to the Trainer App, you agree that We may retain a commission fee from any payment collected in accordance with clause 11 below, based on each Workout you provide as a result of using the Software (Commission).
- The amount of the applicable Commission is set out on the Trainer App. It may change from time to time, but We will notify you prior to any such change. If you do not agree to the change, you must delete the Trainer App and Software and stop providing Workouts through the Trainer App. Your continued use of the Software after any such change in the Commission shall be taken as your consent to that change.
Your contract with users
- We expect a high standard of service from Trainers using our Software. In order to maintain its integrity and reputation, We monitor your activity on the Software. In providing the Workouts, we expect that you will:
- complete all Workouts with Users as per the advertised and agreed Workout, subject to appropriate unforeseen circumstances (such as illness or injury);
- comply with all laws and regulations applicable;
- at all times while conducting a Workout be medically fit to provide the Workout, including being free from the influence of alcohol or drugs;
- not engage in reckless behaviour while training any User;
- act in a professional manner in accordance with the business ethics applicable to providing exercise or other physical training and endeavour to perform the User’s request in the best interest of the User; and
- have all requisite qualifications required in the applicable jurisdiction for providing the Workouts you offer on the Trainer App.
- You acknowledge that We have no control over the User. We shall have no responsibility or liability with respect to how (or whether) the User uses your Workouts, including delays or damage to person or property.
- Unless otherwise agreed with any User or advertised on your offered Workouts, if you or the User is more than 10 minutes late to your agreed Workout time, you agree that:
- in the case of your lateness, the User may cancel the Workout and if so, you will not receive any payment for the missed Workout and We may charge you the relevant Commission and/or an administration fee for the Workout;
- in the event of the User’s lateness, you must promptly notify Us and we will process the payment in accordance with these Trainer Terms; and
- in the event of any dispute in relation to the timing or occurrence of the Workout, We expect the User and Trainer to endeavour to resolve it in good faith and otherwise in accordance with the agreement between them. At Our discretion, We may provide assistance in relation to any such dispute.
Identification of Users
- Before starting a Workout, you must verify that you are providing the Workout to the User shown in the Trainer App (or that the User has expressly confirmed that they allow the relevant person to use the Workout booked by the User).
- If you have made a mistake in identifying the User, and a fee is charged to a person who has not been provided or has not approved the Workout, We shall reimburse the User for the relevant Fee paid. In such case, you shall not be entitled to receive the Fee for the relevant Workout from Us. For the avoidance of doubt, the Commission for that Workout may still be payable.
- You set the applicable fee for any Workout you offer through the Trainer App (Fee). The Fee on the Trainer App must constitute the whole cost for the Workout (or series of Workouts), including VAT and the relevant Commission. There should be no further cost to attend the Workout to the User (for example, gym entrance fees or equipment hire).
- All payments for Workouts take place via the Software. You must not ask for, or take, cash payment for completed Workouts.
- Once the cancellation notice period you have nominated for the relevant Workout expires, We (or Our authorised payment agent) shall invoice the User and charge the User’s nominated credit or debit card for the amount of the Fee. We will then provide to you a receipt in your name consisting of the Workout, date, amount and other relevant information relating to that particular Workout.
- We (or Our authorised agent) shall regularly transfer the amounts collected as Fees less the applicable Commission to your bank account.
- copy the Trainer App except as part of the normal use of the Trainer App or where it is necessary for the purpose of back-up or operational security;
- modify or translate the Trainer App in whole or in part, or combine or merge the Trainer App with any other object code or program;
- reverse engineer, decompile, disassemble, reduce the object code of the Trainer App to source code form or create (or attempt to create) derivative works based on the whole or any part of the Trainer App, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Trainer App to obtain the information necessary to create an independent program that can be operated with the Trainer App or with another program (“Permitted Objective“), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without Our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the Trainer App;
- is kept secure; and
- is used only for the Permitted Objective;
- distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the Trainer App or your right to use the Trainer App;
- remove, modify, block, disable, obscure or impair any copyright, trademark, or other proprietary notices, material or advertising belonging to Us, Our licensors or other third parties contained within the Trainer App;
- incorporate the Trainer App into another service or website or make it available via framing or mirrors;
- extract any data or metadata from the Trainer App nor create any index or database incorporating any part of it;
- circumvent, disable or otherwise interfere with security-related features of the Trainer App or features that
- prevent or restrict use or copying of any part of the Trainer App or
- enforce limitations on use of the Trainer App, in each case other than to exercise your rights under paragraphs 9.1(a) and 9.1(c);
- do anything that may cause damage to the Trainer App;
- carry out any harmful or illegal activities using the Trainer App; or
- use the Trainer App in any manner not expressly authorised by these Trainer Terms.
- In using the Aptitude Services, including Our Website, you must:
- not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Trainer Terms, or act fraudulently or maliciously (for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software or into any operating system);
- not infringe any rights (including intellectual property rights) belonging to Us or any third party in relation to your use of the Software or Aptitude Services;
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software;
- not use the Software in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users;
- comply with any applicable third party terms and conditions in respect of your use of the Software and Aptitude Services; and
- not collect or harvest any information or data from the Software or Our systems or attempt to decipher any transmissions to or from Our servers.
No Warranties or Liability in relation to Software
- The Aptitude Services and the Software, its content and functionality, are provided on an “as is” and “as available” basis, and, to the fullest extent permitted by law, We make no warranty, whether express or implied, with respect to the Aptitude Services or the Software, its content, functionality or availability.
- We do not make any promise that access to Aptitude Services or the Software will be uninterrupted or error free. To the maximum extent permitted under applicable law, We are not liable for the proper functioning of the Aptitude Services or the Software and any loss or damage that may occur to you as a result of your use of the Aptitude Services or the Software.
- To the maximum extent permitted under applicable law, We and/or any of Our representatives, directors and employees are not liable for any loss or damage that you may incur under or in connection with these Trainer Terms or as a result of using the Aptitude Services or the Software, including but not limited to:
- any direct or indirect property damage or monetary loss;
- loss of profit or anticipated savings;
- loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
- loss or inaccuracy of data; and
- any other type of indirect or consequential loss or damage.
- You accept that We have no liability in relation to the Workouts other than as expressly provided in these Trainer Terms.
- We are not liable for the actions or non-actions of the Users who use the Aptitude Services or Software and/or during any Workouts you provide. We shall not be liable for any loss or damage that may occur to you as a result of actions or non-actions of the Users.
- You are fully responsible and liable for any breach of these Trainer Terms and/or any other applicable laws or regulations. If We or any authority notifies you of a breach, you must stop and remedy such breach immediately.
- Nothing in the Trainer Terms excludes or limits Our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.
Your indemnity of us
- You agree to fully indemnify and hold Us, Our representatives, employees and directors harmless from any claims or losses (including liabilities, damages, penalties, fines, costs and expenses of any nature) that they suffer as a result of your use of the Aptitude Services, Software and provision of Workouts, including those claims or losses result from:
- your breach of these Trainer Terms or documents incorporated by reference;
- your violation of any law or the rights of a third party;
- any allegation that any materials that you submit to Us or transmit through the Software infringe or otherwise violate the rights (including intellectual property rights) of any third party; and
- any other activities in connection with the provision of Workouts.
- You are solely responsible for any tax obligations (for example, income tax) that you incur as a result of providing the Workouts through the Software. You indemnify Us from all tax liabilities, duties, levies, claims and penalties that may incur as a result of your failure to comply with your tax obligations. If you have any concerns, please seek professional accounting advice.
Apple App Store Provisions
- This clause 15 applies where the Trainer App has been acquired from the Apple App Store.
- In addition to these Trainer Terms, you also agree that:
- the Trainer Terms are solely between you and Us, not Apple, Inc. (Apple) and that Apple has no responsibility for the Trainer App or its content. Your download and use of the Trainer App must comply with the Apple App Store Terms of Service;
- the license granted to you to use the Trainer App is limited to a non-transferable license to use the Trainer App on the mobile operating system product that you own or control as part of your device and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service;
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Trainer App;
- in the event of any failure of the Trainer App to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price (if any) for the Trainer App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Trainer App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Trainer Terms and any law applicable to Us as provider of the Trainer App;
- We, not Apple, are responsible for addressing any claims of yours or any third party relating to the Trainer App including, but not limited to:
- product liability claims;
- any claim that the Trainer App fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation, and all such claims are governed solely by the Trainer Terms and any law applicable to Us as provider of the Trainer App;
- in the event of any third-party claim that the Trainer App or your possession and use of that Trainer App infringes that third party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Trainer Terms;
- you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties;
- you must comply with any applicable third party terms when using the Trainer App; and
- Apple, and Apple’s subsidiaries, are third- party beneficiaries of the Trainer Terms as relates to your license of the App, and that, upon your acceptance of the Trainer Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Trainer Terms as relates to your license of the Trainer App against you as a third-party beneficiary thereof.
- If there is any conflict between these Trainer Terms and the Apple App Store terms of service, the Apple App Store terms of service shall take priority.
- You may only use the App on any Apple-branded products which you own or control and only as permitted by the usage rules in the Apple App Store terms of service, except that the App may be accessed and used by other accounts associated with you via family sharing (where permitted by the Apple App Store).
Google Play Store Provisions
- This clause 16 applies where the Trainer App has been acquired from the Google Play Store. In addition to these Trainer Terms, you also agree:
- to comply with any applicable terms of service of the third party provider of your device as well as Google, Inc’s (Google) Play Store Terms of Service;
- that Google has no responsibility to undertake, or handle, support and maintenance of the App, and any complaints about the Trainer App.
- Google has no responsibility or liability to you with respect to the Trainer App;
- you acknowledge and agree that Google is a third-party beneficiary to the Trainer Terms as it relates to the Trainer App; and
- you must comply with all domestic and international export laws and regulations that apply to you and your use of the Trainer App.
- You confirm that any text, images or any other information that you provide to us whilst using the Aptitude Service (User Content) will not breach these Trainer Terms.
- We do not claim ownership in your Trainer Content and ownership will remain with you (or the relevant third party owner). You grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license, and exploit the Trainer Content anywhere and in any form for the purposes of providing the Aptitude Service (including, where applicable, allowing other Trainers to view your Trainer Content).
- You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your Trainer Content.
- The Aptitude Service makes available third party content, such as Trainer Content. We are not responsible for any such content in any way, but may monitor Trainer Content and reject, refuse or delete any Trainer Content where We consider that it breaches these Trainer Terms.
- We collect personal data such as names, addresses, telephone numbers, e-mail addresses and location based information only with the permission of the data subject and only for the purpose necessary to enable the intended functioning of the Trainer App and User App and the Software.
- We process personal data relating to you, other Trainers and the Users. You are an authorised processor who processes personal data. The procedure, manner of and conditions for processing personal data are provided at: https://godo.fitness/privacy.
- You shall not contact any User or collect, record, store, grant access, use or cross-use the personal data provided by the Users or made accessible by the Trainer App for any reason other than for the purposes of fulfilling the Workout request made via the Trainer App.
Advertising and Third Party Websites
- You acknowledge that the Trainer App may be supported by advertising revenues and We may place advertising, promotions or sponsored content on the Trainer App. You acknowledge that the manner, mode and extent of such advertising, promotions and sponsored content is subject to change without notice to you. We may at Our sole discretion provide the ability to pay to remove advertisements via the settings menu within the Trainer App.
- You acknowledge that the Trainer App may contain links to third party websites (whether by way of advertisements or otherwise) that are not owned or controlled by Us. Such links are provided for your reference only. We do not control such websites and are not responsible for the contents or your use of them, and as a result We do not accept responsibility for the availability, suitability, reliability or content of such third party websites.
- Our inclusion of such hyperlinks in the Trainer App does not imply any endorsement of the material or the views expressed within them.
- These Trainer Terms apply from when you submit your registration on the Trainer App and will remain in full force and effect while you use the Trainer App until terminated in accordance with this clause 20.
- We may terminate these Trainer Terms and your use of the Trainer App, or suspend your use of the Trainer App, immediately by written notice to you if:
- we consider that you have used the Trainer App in violation of these Trainer Terms;
- in Our reasonable opinion, We believe there has been unauthorised access to the Trainer App;
- we believe you are may be endangering Users or your behaviour during Workouts would, in Our reasonable opinion, bring Us and/or the Software into disrepute;
- we, in Our sole discretion, decide to withdraw the Trainer App (whether in whole or in part);
- we have a legal or regulatory obligation imposed on us, which impacts Our ability to provide the Trainer App; or
- for any other reason provided that We give you thirty (30) days’ written notice by email, or via a communication via the Trainer App.
- You can terminate these Trainer Terms by:
- deleting your Profile firstly via the Trainer App and then by contacting us at email@example.com and notifying us that you wish us to permanently delete your Profile from the Software. Such deletion by Us may take up to two working days, and you will be responsible for any Workout bookings you have accepted for any time up to the deletion by Us of your Profile; and
- deleting the Trainer App from your device; and
- ceasing to use the Aptitude Services.
- Upon termination for any reason:
- all rights granted to you under these Trainer Terms cease;
- you must cease all activities authorised by these Trainer Terms; and
- you must delete or remove the Trainer App from your device.
- These Trainer Terms shall be governed by, and construed and enforced in accordance with the laws of England and Wales.
- Any dispute that may arise in connection with these Trainer Terms, whether with respect to its existence, validity, interpretation, performance, breach, termination or otherwise (and including non-contractual disputes), shall be settled by way of negotiations wherever possible. If the respective dispute resulting from these Trainer Terms could not be settled through such negotiations, then the dispute will be finally resolved in the courts of England.
You may not assign these Trainer Terms or any of its rights or obligations under these Trainer Terms.
Any notice required to be given to you by Us will be delivered to the email address associated with your account, sent by registered mail to the address associated with your account, or sent via the Trainer App. Any notice required to be given by you to Us should be delivered using the Trainer App, registered mail to our registered office or by email to firstname.lastname@example.org.
Enforceability and waiver:
If any provision of these Trainer Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Trainer Terms shall not be deemed a waiver of such term.
Any provision of these Trainer Terms that expressly or by implication is intended to come into or continue in force on or after termination (or expiry) of these Trainer Terms shall remain in full force and effect.
Changes to these Trainer Terms:
- Other than minor changes or corrections, we will notify you at least fourteen (14) days’ prior to making any changes to these Trainer Terms and post a revised version on the Trainer App.
- Any change shall come into effect and be deemed accepted by you if you continue to use the Software after the expiry of the notice period above.