We recommend that you print and keep a copy of these Instructor Terms along with all our other terms and policies for your records.
Who we are
The Service (as defined below) is provided by Fitswarm Limited, trading as "FitSwarm" ("FitSwarm", "we", "our", "us"). Fitswarm Limited is a limited company registered in England and Wales under company number 6895442, whose registered office is at 12 Conqueror Court, Sittingbourne, Kent ME10 5BH.
The terms "you", "your" and "yours" when used in these Instructor Terms means you as an instructor.
The FitSwarm Service
The FitSwarm platform connects fitness, sports, health and wellbeing instructors with students, so that students can book classes with instructors who provide tuition over a live video session (the "Service"). Anyone can be an instructor and they can teach any fitness, sport, health or wellbeing related class they like (subject to the Instructor Terms). We don't vet instructors. More detail on the Service can be found below.
When advertising and instructing a class, you are entering into an agreement with each relevant student and not FitSwarm. FitSwarm is not a party to any agreement between you and any student and FitSwarm can accept no responsibility for students or other instructors. By using the Service, you confirm that you understand and agree to use the Service on such terms.
The agreement that you enter into with students each time they book and you run a class is appended to these Instructor Terms. Please read this carefully before taking bookings for and instructing classes.
We require you to take out appropriate insurance in respect of any services you provide via the Service. We also require you to have appropriate accreditation for any services you provide via the Service.
In order to use the Service, you need to provide us with some details and set up a profile. You will need to provide us with your name, email address, a password, your date of birth, and your payment and bank account details (please see the 'Your Subscription' and 'Payments to You' sections below for more information regarding payment). You will also need to provide various pieces of information regarding your experience and credentials. Please see the 'Your Profile' section below for more details.
You must act in a professional, responsible manner throughout your use of the Service and must be aged 18 or over to be an instructor.
You agree that you will not (i) create multiple instructor accounts; (ii) create multiple student accounts; (iii) create an account on anyone else's behalf; or (iv) let anyone else use your account.
You will also not misuse the account, whether relating to star-ratings or otherwise.
As an instructor, you are permitted to join classes of other instructors as a student. When taking part in classes as a student, you agree that your use of the Service will be governed by the Student Terms.
Your profile can be viewed by anyone (including non-members) and will show your professional details (including your name, social media links, your accreditations, the types of class you teach, your number of years experience, the total number of members taught on the Service, the total number of classes you have taught on the Service, your average user rating and any other information you choose to provide). Any information you provide on your profile must comply with the provisions of these Instructor Terms.
It is your responsibility to ensure that you have full permission and/or any necessary licences (including copyright clearance) for all photography, music clips and links, videos, and any other content featured as part of your profile, your classes and for any other use of such materials.
If you choose to do so, it is also your responsibility to ensure you have full permission to list details of any classes, events, productions or projects that you have been involved in, or will be involved in, without disclosing confidential information or information which may be a breach of any contract with, infringe the rights of, or cause harm to any third party.
You warrant that all information on your profile is accurate and up to date, including any qualifications or registrations that you may have. You must not upload material that is unlawful, defamatory, abusive, obscene, discriminatory or otherwise inappropriate.
We reserve the right to remove material which we consider to be in breach of these Instructor Terms until you provide us with proof of your right to use the material. We shall not be liable to you for any loss or inconvenience suffered by you as a result of such action.
Using the Service
To use the Service, you will need:
- a device that complies with our minimum requirements (laptop, desktop, Android phone, Microsoft tablet);
- a webcam (if not incorporated into your device);
- adequate internet bandwidth (as defined in the 'how it works' section); and
- any equipment needed for a class.
We strongly recommend that you follow the 'how it works' section (https://www.fitswarm.com/how-it-works) of the Service to make sure that your setup will work prior to setting up and running a class.
- Setting Up Classes
You can set up classes via the 'create a class' screen. When setting up a class, you must state the title, a description, the level of the class (beginner / intermediate / advanced), the duration, the price, any equipment required, whether the class is appropriate for bulk payments, how many students may enrol in the class and whether the class is searchable to the public.
Students may search for classes on the Service. Once a class is created, you can upload any of your pre-existing students' email addresses and choose to invite them to the class (provided that you have collected any necessary data consents). Once students have registered an account with the Service, they can alter their privacy settings to accept or decline instructor invitations. Once you have invited students to a class, the Service will automatically send one reminder invitation to students if they haven't booked the class.
You agree to use the Service in a professional and reasonable manner and will not send an unreasonable amount of requests/messages to students. You shall only contact students in relation to the Service and not for any other purpose. We reserve the right to suspend or terminate you membership if you violate this condition or if we receive complaints about the manner or frequency of your contact with students.
- Class Price Structures
Students may pay for classes individually or, if you make the option available, by purchasing a bundle of classes with you.
If you offer students the option of purchasing a bundle of classes with you, students may only use the class credits with you. The bundle must have an appropriate expiry date for the size of the bundle. You may set up the option for students to buy bundles on your 'manage bulk payments' page. You may create up to two bundles for 1:1 classes and two bundles for 1:many classes. 1:1 bundles cannot be used to pay for 1:many classes and vice versa. Please see the 'Payments to You' section below for more information on payment timescales in relation to bundles.
- Content of Classes
You are solely responsible for the content of your classes. Classes must be run in a safe, professional and responsible manner and must be of satisfactory quality.
You may only teach classes related to fitness, sports, health or wellbeing. You may not teach anything inappropriate, or of a sexual nature. Our decision as to whether a class complies with these Instructor Terms is final.
We reserve the right to remove or stop a class if it does not specifically relate to fitness, sports, health or wellbeing, or we otherwise believe that the class is not appropriate for the Service.
Your classes must only contain content (including any music you use or any use of proprietary exercise formats or equipment) which you have express permission and/or a licence to use as part of your class.
- Running Classes
By running a class as an instructor, you acknowledge that students will act in accordance with your instructions. You must monitor students (and their surrounding environment) as closely as possible and run classes in a safe, responsible manner and advise students of all safety precautions necessary throughout your class.
Following each class, students will have a chance to rate you using our simple 1-5 'star rating'. You must not attempt to unduly influence students' ratings and are not permitted to provide incentives to students in return for positive feedback.
You acknowledge and agree that students may share information about you and your conduct with us to the extent necessary for us to monitor your compliance with these Instructor Terms.
In order to become an instructor and to take bookings for and run classes, you must pay a monthly subscription fee, which shall be payable by direct debit or Paypal.
If you take part in classes as a student, you may pay for classes by any of the payment methods set out on our 'payment summary' page and you will be charged in the currency as indicated on that same page.
The amount of the monthly subscription fee will be detailed in the Instructor Dashboard We may change the monthly subscription fee on 1 calendar month's written notice.
Monthly subscription fees will be debited from your account on the 1st of every calendar month. You may cancel your monthly subscription fee by giving at least two weeks' notice prior to the end of the calendar month. If you give notice to cancel your monthly subscription fee with less than two weeks until the end of the calendar month, your subscription shall continue until the end of the following month, after which it shall terminate.
The subscription fee will only become payable once Beta (test mode) has concluded.
Payments To You
- FitSwarm is an Agent
When you take bookings for and run a class, you enter into a contract with each student to receive services from you (and FitSwarm just connects you to the students). When a student pays for a class, we collect these fees on your behalf and store them in a separate, designated account. We take our commission and then pay the remainder to you in accordance with these terms.
- Payment for Classes
We will pay you monthly for any classes you have run. Payments will occur in the first week of the following month.
We will pay instructors that are resident in the United Kingdom via bank transfer. We will pay instructors that are not resident in the United Kingdom via Paypal.
You will be paid the amount of student fees in respect of classes you have run in the preceding month minus (a) our commission detailed in the Summary Schedule (b) any refunds due to students (see section 8.3 below), and (c) any charges that your bank or payment provider imposes. We may change the monthly commission on 1 calendar month's written notice.
If a student has purchased a bundle of classes from you, you will not receive payment for the bundle up front; you will receive a payment for each class credit, pro-rated to the cost of the bundle, in accordance with this clause 8.2, for each class you run in which that student was enrolled.
If (i) an instructor cancels a class; (ii) an instructor turns up more than 10 minutes late for a class; or (iii) an instructor does not perform a scheduled class for which you have paid; or (iv) you have any other concerns about an instructor or their classes, please let us know via the 'Report' button on your 'My Instructors' page. If we find that the instructor cancelled the class, turned up more than 10 minutes late for the class, or did not turn up at all, you will have the option of receiving a refund for that particular class or for rescheduling a class with that instructor for a later date. Any refund will be paid to the card/Paypal account through which the order was placed.
If you (i) cancel; (ii) turn up more than 10 minutes late for; or (iii) do not perform a scheduled class for which students have paid, we reserve the right to fully refund students.
If you do not perform a class in accordance with these Instructor Terms, we reserve the right to refund students some or all of the fees they have paid in respect of such class or your services (including bulk payments).
- Other Important Payment Information
You are solely responsible for, and we bear no responsibility in respect of, your tax liabilities in respect of your use of the Service.
We are not responsible for any additional fees your bank or payment provider may charge whether for payments, refund or otherwise.
No matter how much protection we have on the site, the security of information and payments over the internet cannot be guaranteed. We shall under no circumstances be liable for any losses incurred or sustained by users who transmit information by email or other internet link.
Suspension or Termination of your Account
We reserve the right, acting reasonably, to immediately suspend or terminate your account if:
- you breach these Instructor Terms;
- information you have provided or any representations you have made (whether during the sign up process or thereafter) proves to be inaccurate, fraudulent, misleading or otherwise in violation of these Instructor Terms;
- you are in breach of any applicable law or regulation;
- when using the Service, you infringe any intellectual property rights belonging to us or a third party;
- you violate any FitSwarm user's privacy (or those of a third party);
- you use the Service for any purpose not expressly permitted by these Instructor Terms;
- you have cancelled and/or not attended classes, or have attended classes late, on a number of occasions;
- it comes to our attention (via a student or otherwise) that, whilst using the Service, you acted or are acting inappropriately or in an unsafe manner; or
- you have otherwise acted (or are acting) in a way in which we reasonably believe warrants us to suspend or terminate your account.
If we suspend or terminate your account, you will not be able to take bookings for your classes or run any scheduled classes. We may also hold any payments due to you.
Students may report you to FitSwarm if they believe you are acting inappropriately, acting in an unsafe manner, not suitably qualified to teach, or are otherwise acting in a way in which the student believes your FitSwarm membership should be reviewed, suspended or terminated by us.
If you have any concerns about a student, you can report them to us using the link on 'my followers' page. Following submission of any report, we may contact you for further information.
If you have concerns about another instructor, you can report them to us using the report function at the end of their class.
We make no representations as to, and do not warrant the accuracy of, any student details.
We cannot be held responsible for any errors in, and do not accept liability for reliance placed on, the contents of the site (including content linked from or uploaded to instructors' profiles) and/or any omissions which may occur.
While we use reasonable efforts to ensure that the website remains functional at all times, errors, interruptions and delays may occur in the Service. We do not accept any liability arising from any interruption or delay in availability of the website.
Nothing in these Instructor Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by English law.
To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content within it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the website, or use of or reliance on any content displayed on the website.
In particular, we will not be liable for:
- any actions or omissions of students;
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
To the extent we have any liability to you, this shall be limited at a maximum amount per claim (and in the aggregate) to (i) the amount of any unredeemed pre-payments paid by you in respect of the Service; or (ii) £50 (whichever is the greater).
- Variation of these Instructor Terms
We reserve the right to amend these Instructor Terms from time to time. By continuing to use the Service after these Instructor Terms have been updated, you accept and agree to such updated terms.
We may assign the benefit of these Instructor Terms and our rights thereunder to a third party on notice to you. Your rights under these Instructor Terms will not be prejudiced. You may only transfer your rights and obligations under these Instructor Terms if we agree in writing.
If any provision of these Instructor Terms 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 shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of these Instructor Terms.
- No waiver
Any waiver of any right under these Instructor Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given. No failure to exercise or delay in exercising any right or remedy provided under these Instructor Terms or by law constitutes a waiver of such right or remedy, nor shall it prevent or restrict any future exercise or enforcement of such right or remedy.
- Entire agreement
These Instructor Terms (as amended from time to time), along with any document expressly referred to within them, constitute the whole agreement and understanding of the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of these Instructor Terms.
- English Law
These Instructor Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Appendix: Instructor/Student Agreement
This instructor/student agreement governs the services given by instructors to students on the FitSwarm platform. We acknowledge that Fitswarm is an agent and bears no responsibility for the services provided over FitSwarm or the conduct of instructors or students. Please read this document carefully as it contains important obligations that you, as an instructor or student, must adhere to.
As your instructor, I agree:
- that I am suitably qualified and experienced to teach the classes that I run on the FitSwarm site;
- to provide all necessary information about each class (including information about any equipment or clothing required) before you book each class;
- to conduct my classes with a reasonable level of skill;
- to be ready on time for classes;
- to conduct myself with a good level of professionalism and act appropriately at all times when conducting classes and using the FitSwarm service;
- to use my best endeavours to ensure that you exercise safely during my classes;
- to give you as much notice as possible if I need to cancel a class;
- to use my best endeavours to ensure that you will receive any appropriate refunds in accordance with the Student Terms;
- if you ask me to do so (and provide me with your contact details), to respond promptly to any queries you may have about my classes
- to contact you only in accordance with your privacy setting and only in relation to the purpose of FitSwarm (to teach fitness, sports and health classes).
- that fitness, sports and health classes may contain strenuous physical activity. I confirm that I am physically able to cope with the demands of your classes that I sign up for (as per your description) and that, if I have any doubt, I will check with my doctor before participating;
- that I will follow your instructions during classes regarding my safety and technique;
- to let you know if I am injured, in pain or otherwise feel that I am not able to keep up with the class;
- to turn up on time for classes with the required equipment and suitable clothing;
- to act appropriately and safely at all times when taking part in your classes and using the FitSwarm service;
- to pay for my classes in accordance with your payment structures and requirements; and
- that when giving feedback about you and your classes, I will do so honestly and appropriately.
Neither of us may assign the benefit or transfer our rights and obligations under this agreement to any third party.
This agreement (as amended from time to time), along with any document expressly referred to within it, constitutes the whole agreement and understanding of the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this Agreement.
This agreement, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law and both parties irrevocably submit to the exclusive jurisdiction of the courts of England.