PT Marketplace Agreement

This Agreement is between CUE PT LTD, a company registered in England and Wales (company number 17114959, registered office 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ) (the "Platform" or "CUE PT"), and the personal trainer identified at the point of account creation ("you" or the "PT").

You accept this Agreement by creating a PT account and continuing to use the Service. Electronic acceptance is as effective as a wet-ink signature. If you do not agree, do not create an account or use the Service.

1. Background

CUE PT operates a UK-based online marketplace connecting personal trainers with clients seeking personal training sessions (the "Service"). You are a self-employed personal trainer who wishes to use the Service to find and deliver sessions to clients. This Agreement sets out the terms on which you may use the Service. It is the primary agreement between you and CUE PT. It does not create any employment relationship.

2. Your Status — Self-Employed

You are self-employed. You are not an employee, worker, agent, or contractor of CUE PT. You are solely responsible for your own income tax, National Insurance, pension contributions, and VAT (if registered); your own professional indemnity and public liability insurance; holding any required qualifications or registrations (e.g. REPs or CIMSPA); and the manner, method, and content of the training you deliver.

CUE PT does not direct how you train clients. Platform payouts are payment for services you have delivered; platform fees are a marketplace/processing charge, not a wage deduction. Both Parties intend that you are a genuinely self-employed independent contractor.

3. No Exclusivity, No Minimum Commitment

• You may work with any other platform, operate your own direct-client business, or be employed by a gym.
• You are under no obligation to accept any particular booking or be available at any particular time.
• You set your own prices. Sessions must be priced at £10 or above to meet the platform's payment processing minimum; there is no maximum. For reference, market research indicates UK 1:1 PT sessions typically range from £40–£100 per hour.
• You control your own availability.
• You may decline any specific booking (subject to reasonable notice and published cancellation rules).
• Where the Platform supports it, you may nominate a verified CUE PT substitute to cover a booking, subject to the client's right to accept or decline.

4. What CUE PT Will Do

• List your profile, qualifications, and availability to clients.
• Process client payments via Stripe Connect and transfer your share to your nominated account.
• Provide booking, messaging, session-tracking, and QR-code verification tools.
• Provide customer support for Platform-related issues.
• Maintain appropriate technology errors & omissions / cyber liability insurance.
• Use commercially reasonable efforts to keep the Service available (no uptime warranty).

5. Fees and Payment

Revenue split. For each session you deliver:

• 80% to you
• 10% to CUE PT (platform fee)
• 10% to the partner gym (where applicable) or to CUE PT

Stripe processing fees are absorbed by CUE PT out of its 10%. All amounts are in GBP and exclusive of VAT. If you are VAT-registered, you are responsible for your own VAT treatment on your 80% share.

Payout timing. Your 80% share is transferred to your Stripe Connect account on successful completion of each session, typically within 2 business days of the session completion date. Actual receipt depends on Stripe's settlement timelines, which may vary and are outside CUE PT's control.

Deposits and final payment. Clients pay a 10% deposit at booking and the remaining 90% on session completion. Your 80% share is calculated against the full session price and paid on completion.

No-shows and cancellations are governed by the Platform's published operational policies, which may change on 30 days' notice. Where a client no-shows a confirmed session, you will be entitled to the cancellation fee as set out in those policies.

Chargebacks. CUE PT absorbs the financial risk of client-initiated chargebacks (e.g. disputed charges, stolen cards, bank reversals) and will pursue recovery from the client directly where applicable. You are not liable for chargebacks arising from client-initiated disputes where you delivered the session in good faith. However, where a payment reversal results from your own fraud or deliberate misconduct (e.g. fabricating a session, or colluding with a client to circumvent the Platform), CUE PT may recover its losses from you. This right survives for 18 months after the relevant session. Recovery is made by deducting from future payouts or requesting repayment within 30 days of notice. You will receive at least 7 days' written notice with transaction detail. Fraud recovery is not capped by clause 7.

Fee changes. CUE PT may change its platform fee on 30 days' written notice. If the change is an increase and you do not accept it, you may terminate this Agreement before the increase takes effect, without penalty. Decreases, rounding adjustments, or purely administrative changes do not trigger this termination right.

6. Insurance and Qualifications

While you are active on the Service, you must:

• Hold professional indemnity and public liability insurance appropriate to personal training (see the Platform's published operational policies for minimums);
• Hold any required qualifications or registrations (e.g. current REPs or CIMSPA membership, or equivalent);
• Hold a valid enhanced DBS (Disclosure and Barring Service) check, or be in the process of obtaining one. During the closed beta, PTs introduced by a partner gym may go live pending their DBS check, provided one is in progress and the certificate is uploaded within 30 days of going live. This grace period will not apply after public launch — a valid DBS certificate will be required before activation;
• Upload evidence of insurance, qualifications, and DBS to your CUE PT account and keep it current. If any certification or insurance lapses, update your account or pause your availability.

You authorise CUE PT to verify insurance, qualification, and DBS documents, including by contacting the issuing body.

It is your responsibility to maintain your insurance during any chargeback-recovery window under clause 5 that extends beyond your active use of the Service.

6A. Client Conduct and Your Right to Refuse

You have the right to refuse to start, or to end, any session where a client's behaviour makes it unsafe or inappropriate to continue — including but not limited to threatening, harassing, or sexually inappropriate conduct. Exercising this right in good faith will not constitute a cancellation under clause 5 and will not count against your standing on the Platform.

If a client behaves in a way that concerns you, you can report them using the Report link on their booking confirmation or by contacting [email protected] (attn: Trust & Safety). CUE PT will investigate and, where appropriate, suspend or remove the client's account. You will be notified that action has been taken, though the specific outcome will remain confidential.

Where a session is ended early due to client misconduct, you are entitled to payment for the time delivered, calculated pro-rata against the session price. CUE PT will review any dispute about time delivered.

7. Liability

You are solely responsible for the safety, quality, and legality of training you deliver. CUE PT is not liable for injury arising from your training, disputes between you and a client, or acts of a gym at which sessions are delivered. You are not liable for failures of the Platform's technology or CUE PT's breaches of law.

Mutual indemnity (capped). Each Party will indemnify the other against third-party claims arising from the indemnifying Party's own breach, negligence, or wilful misconduct. Neither Party's liability exceeds £10,000 in aggregate, except for (i) death or personal injury from negligence, (ii) fraud, (iii) amounts owed under clause 5, or (iv) liabilities that cannot be excluded by law. A Party's liability from its own personal data breach is capped at the greater of £25,000 or aggregate fees under this Agreement. CUE PT's IP warranty (clause 10) is not capped. Neither Party is liable for indirect or consequential losses.

8. Data Protection

CUE PT is the data controller of client and booking personal data. See our Privacy Policy. We are ICO-registered under reference ZC126141.

Your content. Free-text notes and goals you record about clients are private to you within the Platform. Do not record medical conditions, diagnoses, or other health information in these fields — use your own clinical records system for anything of that nature.

Public profile and search indexing. Your public profile (name, photo, gym, bio, and qualifications) may be indexed by search engines such as Google and Bing. If you close your account, we will request removal from search engines on your behalf; this may take a few days to take effect.

Breach notification. If you become aware of a personal data breach involving Platform data, notify CUE PT within 48 hours.

9. Deactivation, Suspension, and Termination

By you: you may terminate at any time, for any reason, by deactivating your account or giving written notice. Termination takes effect immediately, subject to completion of any sessions already confirmed and the chargeback survival in clause 5.

By CUE PT: on 30 days' written notice for any reason; or immediately for material breach (with a 7-day cure period where remediable), failure to maintain insurance or qualifications, fraud, misrepresentation or safeguarding concerns, or insolvency.

Suspension. CUE PT may suspend your account (without terminating it) pending investigation of a safeguarding concern, a serious client complaint, or a suspected breach of this Agreement. Suspension will be for the shortest reasonable period needed to investigate. You will be notified of the reason as soon as reasonably practicable.

Appeal. If your account is deactivated or suspended for cause, you may appeal in writing to [email protected] (attn: Trust & Safety). CUE PT will respond with a reasoned decision within 14 days. A senior-level review is available on request within a further 14 days.

Effect of termination. On termination: you must complete any sessions already confirmed, unless termination is for cause; CUE PT will pay out any funds owed to you, net of any chargeback recovery; clauses 2, 5 (chargebacks), 7 (Liability), 8 (Data), 11 (Confidentiality), and 12 (General) survive.

No non-compete. Nothing in this Agreement prevents you from continuing to work with any client after termination, including clients first introduced to you via the Platform, subject only to the anti-circumvention clause during the active term.

10. Intellectual Property

You own (or are licensed to use) any bio, photos, gallery images, training descriptions, qualification documents, and other content you upload. You grant CUE PT a non-exclusive, royalty-free licence to display and distribute that content to operate the Service while your account is active. On account deactivation, CUE PT will remove your public-facing content (profile, photos, gallery) within 30 days. CUE PT may retain copies of uploaded documents (qualification certificates, insurance certificates, DBS certificates) for internal audit and compliance purposes for up to 1 year after account deactivation.

All content you upload must comply with applicable law and must not be offensive, misleading, or otherwise in breach of CUE PT's platform policies. CUE PT may remove content that breaches these standards and may suspend or terminate accounts where the breach is material. Users may report content using the Report link on PT profiles, class pages, and reviews; CUE PT will investigate and take appropriate action.

CUE PT owns the Platform software and warrants that it does not infringe UK intellectual property rights (and will indemnify you against such claims, provided you notify CUE PT promptly and allow CUE PT to control the defence).

11. Confidentiality and Anti-Circumvention

You will keep non-public business information disclosed by CUE PT confidential (2 years post-termination). You will treat client personal data in accordance with UK GDPR.

Anti-circumvention (during term only). While active on the Platform, you will not knowingly direct a client who booked you through CUE PT to a parallel off-Platform arrangement to avoid the Platform fee. This does not restrict you from working with clients you first met outside CUE PT, nor from continuing to work with any client after termination.

12. General

CUE PT may change this Agreement on 30 days' notice. Continued use after the notice period constitutes acceptance. If you do not accept a change you may terminate before it takes effect. Electronic acceptance at account creation, or continued use after a notified change, is binding. This Agreement is governed by the laws of England and Wales; the Parties submit to the exclusive jurisdiction of the courts of England and Wales.

Contact

Questions about this Agreement: email [email protected].