General Terms and Conditions
Introduction
PTBA is a trademark of PT Business Academy, LLC. PTBA consists of experts (hereinafter referred to as “instructor”) who impart their knowledge in specific areas to participants of seminars, courses, etc. (hereinafter referred to as “participant”).
Training is conducted at locations announced in advance to participants of seminars, courses, and workshops. Some training sessions are also conducted online, of which participants are specifically notified.
The participant of seminars, courses, workshops (hereinafter referred to as “training”), etc., and PTBA are responsible for fulfilling the rights and obligations of these general terms and conditions.
The integral parts of these general terms and conditions also include: The Price List of services, published on the website pt-businessacademy.com and the Fitness Rules, in case the training is conducted in a gym.
The subject of these terms is to define the rights and obligations of PTBA or the instructor and the participant in connection with the implementation of training.
Training for Professional Work in Sports
The training is conducted in accordance with the PTBA Personal Trainer Qualification Regulation, European EREPS standards, and in accordance with the currently valid Regulation on the Training of Professional Workers in Sports, issued by the Ministry of Education and Sports across multiple countries.
Upon obtaining the PTBA Personal Trainer certificate, the participant acquires a certificate that enables work in most countries of the European Union and beyond.
The PTBA Personal Trainer license is time-limited. According to European standards, the license can be renewed by participating in various seminars, courses, and other continuing education, which appropriately extends the validity of the basic license, usually for one year each time.
Courses, Seminars, Workshops
Unless expressly specified, no special prior knowledge is required to participate in a course, seminar, or workshop (exceptions are some advanced sports training programs requiring basic knowledge and qualifications).
When training involves both theoretical and practical parts, each participant must inform the instructor or PTBA of any limitations arising from their health condition before or during the training.
Rights and Obligations of the Instructor
The instructor conducts training in accordance with recognized practices and guidelines in the field they teach.
The instructor must have a prepared lesson plan, which includes at least a presentation (teaching topic), time frame, and work methods.
The instructor has the right to ask the participant to behave decently or refuse to conduct the lecture if the participant does not do so.
Rights and Obligations of the Participant
The participant must provide the instructor or PTBA with all relevant information important for the implementation of the practical part before the start of practical training, especially regarding health status (well-being), any illnesses, health problems, etc. The participant must also continuously inform the instructor or other present about any pain, difficulties, and other signs related to their well-being and health during the execution of exercises. The participant expressly waives any claims for damages against the instructor and PTBA arising from the impact of the exercise on their health and/or well-being.
The participant is aware that performing exercises as part of practical training may cause injuries and pain despite following the instructor’s instructions and safety rules for using equipment, and therefore expressly waives any claims for damages against PTBA and the instructor. The participant performs all exercises at their own risk and voluntarily.
The participant must arrive on time for scheduled training sessions and, for the practical part, in appropriate sports attire and clean sports shoes. Training duration will not be extended due to the participant’s delay.
If the participant cannot attend the training, they must notify PTBA or the instructor at least 24 hours before the start of the training. If attendance at the training/course is mandatory, PTBA or the instructor and the participant will agree on how the participant will make up for the missed session. Such training is charged additionally in accordance with the agreement.
Participants must behave decently during the training in accordance with the Fitness Rules and these general terms and conditions. This includes prohibition of: attacks on other persons in the training, course, etc., or on the instructor, threats, insults, sexual harassment, commission of criminal acts, etc. Due to such and similar violations, the participant may be prohibited from participating in the training or denied access to the training premises and further participation in the training. The participant is not entitled to a refund of money or any compensation in this case.
Conclusion of Contract, Price, and Payment
The training contract between the participant and PTBA is concluded on the day of submitting the online order (submitted application) and is considered a distance contract under the Consumer Protection Act. The contract is concluded for a specific period, i.e., for the duration of the training, as defined on the website pt-businessacademy.com.
The price of the training is calculated according to the price published online and is paid based on the invoice issued by PTBA to the participant.
All training must be paid for in advance, generally before the start of the training. Exceptions are pre-agreed installment payments, where the last installment of the course is paid before the final exam. If the participant does not pay for the training, PTBA or the instructor may prohibit participation in the training or prevent participation in the final exam. The participant is not entitled to a refund in this case.
The participant who has successfully passed the exam but has not yet fully paid the tuition fee will receive the certificate of completion (diploma, etc.) only after the training has been fully paid.
In the case of non-payment (especially for installment payments), PTBA may send the participant a reminder with an additional deadline for payment, or initiate a court enforcement procedure without further notice.
Refunds due to illness, dissatisfaction with the training, or for any other reason are not possible.
Withdrawal from the Contract
The participant may withdraw from the contract within 14 days of concluding the contract (submitting an application for training that has not yet started) without stating a reason for their decision. The participant sends an unequivocal statement to the email [email protected], clearly indicating their withdrawal from the contract. In this case, PTBA will refund the already paid amount, reduced by administrative costs of 100.00 USD.
After 14 days, the participant can withdraw from the registration without a refund of the already paid amount. The participant may choose to join the next training session, in which case the already paid amount is considered for payment of the new training. The participant sends an unequivocal statement to the email [email protected], clearly indicating their desire to join another training.
The participant cannot withdraw from training that started immediately after submitting the application and gaining access to the learning portal, as it is considered a supply of digital content and PTBA has fully fulfilled its obligation.
PTBA reserves the right to refund up to 50% of the paid amount in the case of justified reasons for withdrawal, which the participant substantiates with appropriate evidence (e.g., medical certificate, etc.).
Personal Data
The personal data provided by the participant to PTBA are used exclusively for conducting training and providing the best possible service to the participant.
PTBA processes this data in accordance with Article 6 of the General Data Protection Regulation and considers it as data processing in relation to the contract. In this sense, the contract is considered as the inquiry and offer and the provision of PTBA services (training, coaching, consulting, etc.).
Personal data is managed for:
- Maintaining a record of registered participants
- Tracking attendance and absence at training
- Keeping records of payments
- Sending notifications about the date and time of training
- Sending notifications about cancellations and other changes
- Sending invitations to PTBA events
- Sending electronic invoices for provided services
PTBA may also use the participant’s data for the following purposes, but only if consent for personal data processing for these purposes has been given:
- Receiving advertising messages
- Receiving birthday wishes and gift vouchers
- Receiving personalized offers for products and services based on personal preferences and behavior, as well as the use of products and services
PTBA, as the data processor, occasionally invites participants to complete satisfaction surveys about services/products via the provided address or email.
The following participant data are collected, managed, processed, and stored for the purposes of providing services offered by PTBA:
- Name and surname;
- Address;
- Mobile phone number and/or email address;
- Date of birth (if provided by the participant);
- Training address.
PTBA is not responsible for the accuracy, completeness, and timeliness of the data.
PTBA will not use this data in a manner that could harm the participant. The confidentiality of personal and other data of participants will not be violated in any form. PTBA will maintain personal data of participants in a personal data collection only as long as it is strictly necessary to achieve the purpose for which the personal data are collected and maintained.
PTBA is committed to protecting the personal data of participants in accordance with the regulations governing personal data protection, both during and after the training.
Under no circumstances will PTBA and any of its contractual partners, without explicit permission from the participant, forward personal or other user data to a third party or allow a third party to access the personal or other data of the participant. PTBA may disclose data if required by state authorities, if such obligation is determined by law, or in good faith that such action is necessary for proceedings before courts or other state bodies and for the protection and realization of PTBA’s legitimate interests. Any violations of personal data protection will be communicated to the participant as soon as possible.
All instructors and other persons employed by PTBA, either regularly or on a freelance basis, who have access to personal and other data of participants, are aware of their duty to protect personal and other data and are obliged to comply with this duty. This obligation to protect personal and other data is unlimited in time, even after the termination of the (employment or business) relationship with PTBA.
Every participant can at any time request access to their personal data held by PTBA and request their deletion (right to be forgotten). Each participant has the right to request correction of their data at any time. Each participant has the right to data portability.
PTBA must respond to such requests immediately or at the latest within 5 working days of receiving the request.
Miscellaneous
The participant was informed of these General Terms and Conditions upon registration for training and confirmed by participating in the training that they have read, understood, and will diligently implement these conditions, and guarantees the completeness and accuracy of their data provided.
The practical part of the training, which includes physical activity, can be attended by any person without health restrictions or other reservations regarding exercise. Minors may participate in the training with the consent of their parents or legal guardians, who must read and sign a statement acknowledging these general terms and conditions.
Any questions and misunderstandings will be resolved promptly by the participant and the instructor and/or PTBA through mutual conversation.
PTBA reserves the right to change or supplement these general terms and conditions at any time. Changes or supplements are effective from the date of publication of the changes/additions onward.
St. Petersburg, Florida, September 1st, 2023