We recommend that you print and keep a copy of these Student 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 booking and participating in a class, you are entering into an agreement with the relevant instructor and not FitSwarm. FitSwarm is not a party to any agreement between you and any instructor and FitSwarm can accept no responsibility for instructors or other students. 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 instructors each time you book and participate in a class is appended to these Student Terms. Please read this carefully before booking and participating in classes.
In order to use the Service, you need to provide us with some details. As a minimum, you will need to provide us with your name, email address, a password, your date of birth, and your payment details (please see the Payment section below for more information regarding payment).
You must be at least 18 years of age to use the Service.
You agree that you will not (i) create multiple student accounts; (ii) create multiple instructor accounts; (iii) create an account on anyone else's behalf; or (iv) let anyone else use your account.
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.
- Participating in classes
You are responsible for ensuring that you exercise safely. You must ensure that there is adequate free space in your environment when exercising so that you do not injure yourself (or others) or cause damage to your surroundings. We will not be liable for any injury or damage caused by your failure to exercise safely or in accordance with any reasonable instructions from your instructor.
Instructors are responsible for the content of their classes. We do not vet instructors or the content of their classes and we can accept no responsibility or liability in respect of instructors or their classes.
Following your participation in a class, you may rate an instructor using our simple 1-5 'star rating' feedback after each class. You agree to be honest in your feedback and not manipulate any instructor's rating.
You may send private messages to instructors (i) at the end of a class, (ii) if an instructor cancels a class, or (iii) if an instructor does not turn up to a class. You agree that any messages you send to instructors will be appropriate and in relation to the Service only.
You agree that you will not record or take screenshots of any classes.
- Your Health
You must be of an appropriate level of fitness to partake in a class. Every class has a title, description and level (beginner / intermediate / advanced), set by the instructor. If you have any doubts as to your fitness, you should ask your doctor for guidance before taking part in a class.
We do not vet instructors or their classes in any way. You need to make your own decision as to whether an instructor is appropriate for your training needs and safety.
Every instructor has a profile page. Here, you can view their information and watch any videos they may have uploaded. You can also view their user rating.
Instructors define every aspect of their classes - including content, length and price.
FitSwarm is an Agent
When you book a class, you enter into a contract with the relevant instructor to receive services from the instructor (and FitSwarm just connects you with the instructor). When you pay for a class, we collect these fees on behalf of instructors.
You may pay for classes by any of the payment methods set out on our payment page.
Paying for Classes
Instructors set the price for each class.
You may pay for classes individually or pay for a bundle of classes (if the relevant instructor has allowed this option).
If you pay for an individual class, payment will be taken at the time of booking. This is only refundable in certain circumstances (see section 6.4 below).
If you pay for a bundle of classes, these class credits can only be used with the particular instructor that offered the bundle. The bundle will have an expiry date. You must use the bundle by this date or you will lose any unclaimed class credits. Once you book a class using a class credit, it is only refundable under certain circumstances (see section 6.4 below).
Payments / credits for 1:1 classes cannot be transferred to 1: many classes and vice versa.
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.
Other Important Payment Information
You will be charged in the currency as indicated at the checkout.
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 Student Terms;
- information you have provided (whether during the sign up process or thereafter) proves to be inaccurate, fraudulent, misleading or otherwise in violation of these Student 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 Student Terms;
- it comes to our attention (via an instructor 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 your account, you will not be able to book or participate in any classes during any period of suspension. If we terminate your account, you will no longer be able to log in to the Service and will not be able to book or participate in any classes. If we terminate your account under this clause 7, we are not obliged to refund any monies paid or pre-paid by you. In the event that we do refund any monies to you, you will be liable for any charges administered by your bank or payment provider.
You acknowledge and agree that your instructor may share information about you and your participation in their class with us to the extent necessary for us to monitor your compliance with these Student Terms. Instructors may report you to FitSwarm if they believe you are acting inappropriately, acting in an unsafe manner, or are otherwise acting in a way which is in breach of these terms.
If you have any concerns about an instructor or their class, then do not participate in their class. You can report them to us using the 'Report' button on either (i) your 'My Instructors' page; or (ii) at the end of the class. Following submission of any report, we may contact you for further information.
Students should make their own enquiries of prospective instructors and satisfy themselves as to their credentials. We do not endorse or approve any instructors (or their employers, if relevant). We make no representations as to, and do not warrant the accuracy of, any instructor details. You may be able to check an instructor's accreditations via any relevant governing bodies or training providers.
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 every effort 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 Student 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 injury or damage caused by your failure to exercise safely or in accordance with any reasonable instructions from your instructor.
- any actions or omissions of instructors;
- 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 Student Terms
We reserve the right to amend these Student Terms from time to time. By continuing to use the Service after these Student Terms have been updated, you accept and agree to such updated terms.
We may assign the benefit of these Student Terms and our rights thereunder to a third party on notice to you. Your rights under these Student Terms will not be prejudiced. You may only transfer your rights and obligations under these Student Terms if we agree in writing.
If any provision of these Student 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 Student Terms.
- No waiver
Any waiver of any right under these Student 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 Student 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 Student 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 Student Terms.
- English Law
These Student 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.