BookActivity — Terms and Conditions

1. About these Terms

1.1 These terms and conditions (the "Terms") form a legally binding agreement between you and BOOK ACTIVITY LTD ("we", "us", "our", "BookActivity"). They govern your access to and use of the website at https://bookactivity.io and any related subdomains, mobile-optimised pages, APIs and services we operate (together, the "Platform").

1.2 By creating an account, listing services, booking a session, leaving a review, or otherwise using the Platform, you confirm that you have read, understood and agree to be bound by these Terms together with our Privacy Policy and Cookie Policy. If you do not agree, please do not use the Platform.

1.3 If anything in these Terms is unclear, please contact us at support@bookactivity.io before using the Platform.

2. Definitions

In these Terms, the following words have these meanings:

• "Account" — the user account you create on the Platform.
• "Booking" — a confirmed reservation made by a Client for a session with a Trainer through the Platform.
• "Client" — a registered user who books, or seeks to book, sessions through the Platform.
• "Content" — any text, photographs, videos, reviews, messages or other material uploaded to, displayed on or transmitted through the Platform.
• "Platform Fee" — the fee we charge as set out in clause 8.4.
• "Processing Fee" — the payment processing fee charged by our payment provider, as set out in clause 8.4.
• "Services" — any personal training, sports coaching, fitness instruction or related services offered by a Trainer to a Client through the Platform.
• "Trainer" — a registered user who lists Services and accepts Bookings through the Platform.
• "You" and "your" — anyone using the Platform, whether as a Client, Trainer or visitor.

3. Who we are

3.1 We are BOOK ACTIVITY LTD, a private limited company registered in England and Wales under company number 17183994.

3.2 Our registered office is at Bloxwich Launchpad Market Place, Bloxwich, Walsall, United Kingdom, WS3 2JH.

3.3 You can contact us at support@bookactivity.io.

3.4 We are registered with the UK Information Commissioner's Office (ICO) as a data controller under registration number ZC153776. See section 14 and our Privacy Policy for more.

4. What the Platform is — and what it isn't

4.1 BookActivity is a booking marketplace. We provide technology that lets independent fitness professionals list their Services and that lets Clients discover, book and pay for those Services. We do not provide the Services ourselves.

4.2 The contract for Services is between the Client and the Trainer directly. When a Client books a Trainer, a separate contract is formed between that Client and that Trainer for the provision of the Services. BookActivity is not a party to that contract.

4.3 Trainers are independent professionals. Trainers are not our employees, agents, partners, joint venturers or representatives. We do not control how, when or where Trainers provide their Services, nor the content or quality of those Services.

4.4 We do not endorse Trainers. Inclusion of a Trainer on the Platform is not an endorsement, recommendation, certification or guarantee of any Trainer's competence, qualifications, conduct, safety standards or fitness for purpose.

4.5 We are not a healthcare provider. Nothing on the Platform is intended as medical, healthcare, physiotherapy, nutrition, psychological or other professional advice. Always consult a qualified medical professional before starting any new exercise programme.

4.6 Trainer is the merchant of record. Where a Client pays for a session by card through the Platform, the relevant Trainer is the merchant of record for that transaction. This means:

(a) the Trainer's business name (not BookActivity's) appears on the Client's card statement; (b) the Trainer is the seller for VAT and other tax purposes — they are responsible for charging, collecting and remitting any VAT, sales tax or other taxes applicable to the session price under the laws of their jurisdiction; (c) the Trainer is the counterparty on any chargeback, dispute or refund — funds are debited from the Trainer's connected Stripe account, not from BookActivity; (d) BookActivity acts as a limited-payment agent of the Trainer for the purpose of collecting payment from the Client and routing the net amount to the Trainer's connected account, in accordance with the Stripe Connected Account Agreement.

4.7 BookActivity's commission. BookActivity charges the Trainer a platform fee (set out in clause 8.4) for the use of the Platform. This is a separate B2B fee between BookActivity and the Trainer; it is not a charge to the Client.

5. Eligibility and accounts

5.1 To use the Platform you must be:

(a) at least 18 years old; (b) capable of forming a legally binding contract under the laws of your country of residence; and (c) not previously banned, suspended or otherwise prohibited from using the Platform.

5.2 If you are using the Platform on behalf of a business, you confirm that you have the authority to bind that business to these Terms.

5.3 You agree to provide accurate, current and complete information when registering and to keep your Account information up to date.

5.4 You are responsible for keeping your password and Account credentials confidential and for all activity that takes place under your Account. Notify us immediately at support@bookactivity.io if you suspect unauthorised use.

5.5 We may verify your identity and email address (including by sending verification links). We may suspend or close Accounts that we reasonably believe contain inaccurate, fraudulent or unlawful information, or that are otherwise in breach of these Terms.

5.6 You may close your Account at any time from your Account settings. Closure is permanent and triggers anonymisation of historical Booking and review data. We may retain certain information where required by law or for legitimate business purposes — see our Privacy Policy for detail.

6. Terms specific to Clients

6.1 By confirming a Booking, you:

(a) agree to pay the price displayed at the point of Booking, including any applicable taxes; (b) agree to the Trainer's cancellation policy as displayed on the booking page (see section 9); (c) confirm the health representations in section 10; and (d) agree to attend the session at the time and place specified, or to cancel in accordance with the applicable cancellation policy.

6.2 The Client–Trainer relationship is direct. Disputes about session content, conduct or quality should first be raised with the Trainer. We may, at our discretion, help mediate, but we are not a party to that contract.

6.3 You acknowledge that:

(a) we do not vet Trainer qualifications, certifications, insurance, criminal record or business credentials; (b) Trainers are responsible for their own qualifications, insurance, registrations and compliance with applicable laws; and (c) it is your responsibility to satisfy yourself, before you book, that a Trainer is suitable for your needs — for example by reviewing their profile, qualifications, reviews and by asking them direct questions.

7. Terms specific to Trainers

7.1 By listing on the Platform, you represent and warrant that:

(a) you are legally entitled to provide the Services you list, including holding any qualifications, certifications, registrations, licences and insurance reasonably required for your discipline and jurisdiction; (b) you will provide the Services with reasonable care and skill, in line with good industry practice; (c) you will comply with all applicable laws, including health and safety, consumer protection, equality, tax and data protection laws; (d) all profile information, photographs, certifications and other Content you upload is accurate, up to date and yours to use; (e) you are not subject to any judgment, order, regulatory finding or criminal conviction that would make it unsafe or unlawful for you to provide the Services.

7.2 We do not carry out background checks. We do not verify Trainer qualifications, certifications, insurance, identity (beyond payment-provider KYC), DBS status or business credentials. Inclusion on the Platform is not a representation that any of these have been checked. Trainers are solely responsible for their own representations.

7.3 You are an independent contractor. Nothing in these Terms creates an employment, agency, partnership, joint venture or franchise relationship between you and BookActivity.

7.4 You are responsible for:

(a) your own tax registrations, returns, VAT and National Insurance contributions — we do not provide tax advice, please consult an accountant; (b) any business licences or permits required in your jurisdiction; (c) the suitability and safety of any venue, equipment or premises where you deliver Services; and (d) appropriate insurance cover — we strongly recommend professional indemnity, public liability and any sport-specific cover relevant to your discipline.

7.5 You agree to use the Platform fairly. You will not:

(a) accept Bookings outside the Platform from Clients who originally found you through the Platform with the intention of avoiding fees; (b) make false statements, manipulate reviews or operate multiple Accounts; (c) discriminate against Clients in breach of the Equality Act 2010; or (d) otherwise breach section 12 (Acceptable use).

7.6 You set your own:

(a) pricing, subject to the minimum session price set for your market; (b) availability; (c) session types and durations; (d) location and venue arrangements; and (e) cancellation, rescheduling and refund policies (see section 9).

7.7 Your cancellation policy must be clearly displayed to Clients before they book. Clients agree to it as part of the Booking. You must apply your cancellation policy consistently and fairly.

8. Bookings, payments and fees

8.1 Booking process. When a Client confirms a Booking through the Platform, an electronic record is created. Bookings are typically auto-confirmed; some Trainers may require manual confirmation, in which case the Booking is not formed until the Trainer accepts.

8.2 Pricing. All prices are displayed in the currency of the Trainer's market — GBP for UK Trainers, EUR for EU Trainers and USD for US Trainers. Prices are set by the Trainer. A minimum session price applies per market.

8.3 Payment methods. Two payment methods are supported:

(a) Online — paid through the Platform at Booking using a debit or credit card. Online payments are processed by Stripe Payments Europe Limited ("Stripe"). (b) Direct — paid directly to the Trainer outside the Platform (for example in cash on the day). Where direct payment is used, the Client and Trainer are responsible for settling between themselves; the Platform records but does not process the payment.

8.4 Fees. For online payments in the UK, the total deduction from the price paid is 3% + £0.40 per transaction, consisting of:

(a) the Platform Fee charged by us (currently 1.5% + £0.20); and (b) the Processing Fee charged by Stripe (currently 1.5% + £0.20).

Equivalent rates apply in the EU (approximately 3% + €0.50) and US (approximately 5.8% + $0.60) markets, as published on our pricing page. We may change fees on at least 30 days' prior written notice to Trainers.

For direct (cash) payments, we charge Trainers a flat fee of £1.50 per confirmed session (€1.50 EU, $1.50 US), billed monthly.

8.5 Stripe Connect (trainer as merchant). Online payments are processed using Stripe Connect under the destination charges with on_behalf_of model. The Trainer is the merchant of record on each charge (see clause 4.6). Trainers must complete Stripe's onboarding (Express account) and agree to the Stripe Connected Account Agreement and Stripe Services Agreement before they can receive online payments. Stripe is solely responsible for the payment processing service.

8.6 Payouts. Stripe transfers each Trainer's share to the Trainer's nominated bank account on a rolling schedule (currently daily, with an initial holding period set by Stripe at onboarding), subject to Stripe's terms and any holds Stripe may apply. Where Stripe is unable to recover a negative balance from a Trainer's connected account, Stripe may pursue the Trainer directly under the Stripe Connected Account Agreement.

8.7 Receipts, invoicing and tax. Booking confirmation emails are automatically issued by the Platform on behalf of the Trainer. The Trainer is the seller and is solely responsible for:

(a) issuing VAT invoices, tax receipts or other tax documents where required by law in their jurisdiction; (b) registering for VAT or sales tax when their personal turnover crosses the applicable threshold (for UK trainers, this is currently £90,000 of taxable turnover in any rolling 12-month period); (c) charging the correct rate of VAT or sales tax on the session price where applicable; and (d) remitting all such taxes to the relevant tax authority.

BookActivity does not act as a "deemed supplier" of the session services and does not collect, declare or remit VAT or sales tax on session prices on behalf of Trainers. Trainers should consult an accountant for tax advice.

8.8 Chargebacks. If a Client raises a chargeback or payment dispute with their card issuer, the disputed amount is debited from the Trainer's connected Stripe account (not from BookActivity). The Trainer is responsible for responding to the dispute, providing evidence to Stripe and bearing the financial outcome. BookActivity may, but is not obliged to, assist the Trainer in compiling evidence.

8.9 Currency conversion. Where a Client pays in a currency different from the Trainer's payout currency, conversion is handled by Stripe at its prevailing exchange rate, which may include a margin. We are not responsible for currency fluctuations.

9. Cancellations, reschedules and refunds

9.1 Trainer cancellation policies. Each Trainer sets their own cancellation policy. The applicable policy is displayed on the booking page before the Client confirms a Booking and forms part of the contract between the Client and the Trainer.

9.2 Client-initiated cancellation. If a Client cancels within the window allowed by the Trainer's policy, the Client is entitled to the refund stated in that policy. Cancellations outside the allowed window may result in no refund, a partial refund or a cancellation fee, as set out in the Trainer's policy.

9.3 Trainer-initiated cancellation. If a Trainer cancels a confirmed Booking, the Client is entitled to a full refund of the session price (subject to clause 9.5).

9.4 No-shows. If a Client does not attend a confirmed session without cancelling first, no refund is due unless the Trainer's policy says otherwise.

9.5 How refunds are issued. Refunds are issued from the Trainer's connected Stripe account back to the Client's original payment method. Funds are pulled (reversed) from the Trainer's account by Stripe and returned to the Client; the Trainer's payout for that session is reversed accordingly. The Processing Fee charged by Stripe and the Platform Fee charged by BookActivity are non-refundable — together up to 3% + £0.40 per transaction in the UK (and equivalent in the EU and US) — and are deducted from the refunded amount. This is because Stripe does not return its Processing Fee when we refund a payment, and the Platform Fee covers the cost of operating the Booking. This applies regardless of who cancels.

9.6 Reschedules. A Trainer may propose a reschedule for a confirmed Booking through the Platform. The Client may accept or decline. If the Client declines, the Booking remains at its original date and time. Clients may also request a reschedule subject to the Trainer's policy.

9.7 Statutory rights. Nothing in this section limits any non-excludable consumer rights you have under the Consumer Rights Act 2015 or other applicable consumer law. Services purchased online are generally subject to a 14-day cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, except where the Services have already been performed with your express prior consent or are due to begin within the cancellation period. By confirming a Booking that takes place within 14 days, you expressly request that the Services begin within the cancellation period and you acknowledge that you will lose the right to cancel under those Regulations once the session has been performed.

10. Health, fitness and safety

10.1 Physical activity carries risk. Personal training, sports coaching and fitness instruction involve physical exertion and carry a risk of injury, illness or aggravation of existing conditions — including (but not limited to) muscle strains, joint injuries, falls and cardiovascular events.

10.2 Health declaration. By confirming a Booking, you (the Client) represent and warrant that:

(a) you are in good general health and have no medical condition, injury or impairment that would make it unsafe for you to undertake the Services booked; (b) you have consulted, or undertake to consult, your GP or another qualified medical professional before starting any new exercise programme if you have any reason to be uncertain about your fitness to participate; (c) you will inform the Trainer before each session of any relevant medical conditions, medication, injuries or limitations; and (d) you will follow the Trainer's reasonable instructions and stop immediately if you feel unwell or in pain.

10.3 Conditions requiring special care. If you are pregnant, recovering from illness, surgery or injury, taking medication that affects exercise, or have a heart condition, blood pressure issues, diabetes, epilepsy, joint problems or any other significant medical condition, you must consult your doctor before participating and inform the Trainer in advance.

10.4 Adults only. The Services on the Platform are intended for adults. We do not facilitate Bookings for minors. Trainers must not knowingly accept Bookings for minors via the Platform.

10.5 Acknowledgement of risk. You acknowledge that you participate in any Services at your own risk and that no representation has been made to you by BookActivity that the Services are safe for you specifically.

10.6 Trainer responsibilities. Trainers must take reasonable care in delivering the Services, including by:

(a) screening Clients appropriately for known health risks; (b) instructing Clients in safe technique; (c) using equipment and venues that are fit for purpose; (d) maintaining appropriate professional indemnity and public liability insurance; and (e) following first-aid and emergency procedures appropriate to their discipline and venue.

11. User content and reviews

11.1 Your Content. You retain ownership of any Content you upload. By uploading Content, you grant BookActivity a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, modify (for formatting and display purposes), publicly display, distribute and otherwise use that Content for the purposes of operating, providing and promoting the Platform.

11.2 Your responsibility. You are solely responsible for your Content. You confirm that you own or have all necessary rights to your Content, that it does not infringe any third-party rights and that it complies with section 12.

11.3 Reviews. Clients may leave reviews of Trainers following a completed session. Reviews must be honest, factual and based on actual experience. We may remove reviews that breach these Terms, contain personal data of third parties, defame, harass or are otherwise unlawful. Trainers may not solicit fake reviews, manipulate ratings or post on their own behalf.

11.4 Removal. We may remove or disable access to any Content at our discretion if we believe it breaches these Terms or is unlawful. Where reasonably possible we will notify the user concerned.

12. Acceptable use

12.1 You must not use the Platform to:

(a) breach any applicable law, regulation or third-party right; (b) upload viruses, malware or other harmful code; (c) attempt to gain unauthorised access to the Platform, other Accounts or any related systems; (d) scrape, harvest or otherwise extract data from the Platform without our written permission; (e) post Content that is defamatory, obscene, sexually explicit, threatening, harassing, discriminatory or that promotes violence or hatred; (f) impersonate any person or entity, or misrepresent your affiliation with anyone; (g) use the Platform for marketing, spamming or commercial solicitation unrelated to Services booked through the Platform; (h) interfere with another user's enjoyment of the Platform; or (i) reverse engineer, decompile or attempt to derive source code from the Platform.

12.2 We reserve the right to investigate suspected breaches and to suspend, restrict or terminate access in accordance with section 17.

13. Intellectual property

13.1 Our rights. All rights in the Platform — including its software, design, branding, logos, trade marks, text (other than user Content), graphics and structure — are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose.

13.2 Trade marks. "BookActivity" and "BookActivity Business" are trade marks of BOOK ACTIVITY LTD. You may not use these marks without our prior written consent.

13.3 Feedback. If you send us suggestions, ideas or other feedback, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose without obligation to you.

14. Data protection and privacy

14.1 We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and other applicable data protection laws.

14.2 We are the data controller in respect of personal data we process about Platform users. Our Privacy Policy explains what data we collect, how we use it, who we share it with and your rights. The Privacy Policy is available at https://bookactivity.io/privacy and forms part of these Terms.

14.3 We are registered with the UK Information Commissioner's Office (ICO) under registration number ZC153776.

14.4 In some interactions on the Platform, both Trainers and Clients act as independent data controllers in respect of data they receive about each other (for example, contact details exchanged to deliver a session). Each party is responsible for complying with applicable data protection laws in respect of their own processing of such data.

14.5 Cookies are managed through our cookie consent banner (provided by iubenda). You can adjust your preferences at any time.

14.6 You can exercise your data protection rights — including access, rectification, erasure, restriction, portability and objection — by emailing support@bookactivity.io. You also have the right to complain to the ICO at https://ico.org.uk.

15. Limitation of liability

15.1 Nothing in this section excludes liability that cannot lawfully be excluded, including liability for:

(a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the implied terms as to title under the Supply of Goods and Services Act 1982 or the Consumer Rights Act 2015; or (d) any other liability that cannot lawfully be excluded or limited.

15.2 Subject to clause 15.1, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:

(a) any acts, omissions, conduct, qualifications, fitness, professional standards or Services of any Trainer; (b) any injury, illness, loss or damage suffered by a Client arising out of or in connection with Services delivered by a Trainer; (c) any indirect, special, consequential or punitive loss; (d) loss of profits, revenue, goodwill, anticipated savings, business opportunity, data or wasted expenditure; or (e) failures of the Platform caused by events outside our reasonable control (including internet outages, third-party service failures and force-majeure events).

15.3 Cap on our liability. Subject to clauses 15.1 and 15.4, our total aggregate liability to you in respect of all claims arising under or in connection with these Terms is limited to the greater of (a) £100 and (b) the total amount of fees retained by us (i.e. excluding amounts paid out to Trainers) in respect of your activity on the Platform in the 12 months immediately before the event giving rise to the claim.

15.4 Consumer rights. Where you are a consumer, nothing in these Terms affects your statutory rights, including those under the Consumer Rights Act 2015. For more information about your statutory rights, contact Citizens Advice at https://citizensadvice.org.uk or your local Trading Standards office.

15.5 No warranties. Subject to clauses 15.1 and 15.4, we provide the Platform "as is" and to the maximum extent permitted by law disclaim all warranties, express or implied — including warranties of merchantability, fitness for a particular purpose, accuracy, availability and non-infringement.

16. Indemnity

16.1 You agree to indemnify, defend and hold BookActivity, its officers, directors, employees and agents harmless from and against any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with:

(a) your breach of these Terms; (b) your violation of any applicable law or third-party right; (c) your Content; (d) for Trainers — the Services you provide to Clients; and (e) for Clients — any false or misleading health declaration or other representation under section 10.

16.2 We will notify you promptly of any claim and reasonably cooperate in your defence. You may not settle any claim that affects our rights without our prior written consent.

17. Suspension and termination

17.1 We may suspend, restrict or terminate your access to the Platform — with or without notice — if we reasonably believe you have breached these Terms, are misusing the Platform, are putting other users at risk, are the subject of a regulatory or law-enforcement request, or for any other lawful business reason.

17.2 You may close your Account at any time from your Account settings. Closure does not affect rights or obligations that have already arisen, including unpaid fees or pending Bookings.

17.3 On termination:

(a) your right to use the Platform ends immediately; (b) any pending Bookings will be handled in accordance with the applicable cancellation policy; and (c) the following clauses survive termination: 4 (Platform role), 12 (Acceptable use), 13 (Intellectual property), 14 (Data protection), 15 (Limitation of liability), 16 (Indemnity), 17 (this clause), 19 (Disputes), 20 (Governing law) and 21 (Miscellaneous).

18. Changes to these Terms

18.1 We may update these Terms from time to time. The "Last updated" date at the top reflects the latest version.

18.2 Material changes will be communicated to registered users by email or in-app notification at least 14 days before they take effect.

18.3 Continued use of the Platform after changes take effect constitutes acceptance. If you do not agree to a change, you may close your Account before it takes effect.

19. Disputes and complaints

19.1 If you have a complaint, please contact us first at support@bookactivity.io. We aim to acknowledge complaints within 5 business days and to provide a substantive response within 30 days.

19.2 Disputes between Clients and Trainers should first be raised between the parties. We may, at our discretion, help mediate, but we are under no obligation to resolve disputes between users.

19.3 Where you are a consumer in the EU, you may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr, subject to its scope and operation.

20. Governing law and jurisdiction

20.1 These Terms and any dispute or claim arising under them (including non-contractual disputes or claims) are governed by the laws of England and Wales.

20.2 The courts of England and Wales have exclusive jurisdiction, except that if you are a consumer resident in another part of the United Kingdom, you may also bring proceedings in your local courts.

21. Miscellaneous

21.1 Entire agreement. These Terms, together with any policies and documents referenced (including the Privacy Policy and Cookie Policy), constitute the entire agreement between you and us in relation to the Platform.

21.2 Severability. If any provision of these Terms is held unenforceable, the remainder will continue in full force.

21.3 No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.

21.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer ours, including to a successor in a merger, acquisition or asset sale.

21.5 Third-party rights. No person other than you and us has any rights to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

21.6 Notices. Notices to us must be sent to support@bookactivity.io. Notices to you will be sent to the email address registered with your Account.

21.7 Headings. Headings are for convenience only and do not affect interpretation.

22. Contact

For any questions about these Terms or the Platform, contact us at:

BOOK ACTIVITY LTD Bloxwich Launchpad Market Place Bloxwich, Walsall WS3 2JH United Kingdom

Email: support@bookactivity.io Company number: 17183994 ICO registration number: ZC153776