Terms and conditions – PureGym Academy

TERMS & CONDITIONS

Terms & Conditions

INFORMATION ABOUT US

1.1 PureGym Personal Training Academy is the trading name of Gymcareer Limited.

We are a company registered in England and Wales. Our company registration number is 13242155 and our registered office is at Atlas House, Wigan, WN3 6XU.

1.2 All of our courses are recognised by The Chartered Institute for the Management of Sport and Physical Activity (CIMSPA) and are certified by Transcend Awards

1.3 If you have any questions or if you have any complaints, please contact support@puregymstudent.com

1.4 If you wish to contact us in writing or if any clause in these terms requires you to give us notice in writing, you can send this to us by email to PureGym Personal Training Academy at support@puregymstudent.com.

GENERAL

2.1 These Terms and Conditions govern the sale and provision of the Services by us and will form the basis of the contract between us and you. Before submitting an Application please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions please ask us for clarification.

2.2 We shall ensure that the following information is given or made available to you prior to the formation of the contract between us and you;

2.2.1 The main characteristics of the Services.

2.2.2 Our identity (set out above in Clause 1).

2.2.3 Our contact details (as set out below in Sub-Clause 1.4).

2.2.4 The total Price for the Services including taxes.

2.2.5 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services.

2.2.6 Our complaints handling policy.

2.2.7 Where applicable, details of after-sales services and commercial guarantees.

2.2.8 The duration of the Contract, where applicable, or if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract.

2.3 By making a booking you agree to be bound by these terms and conditions.

THE COURSE

3.1 The PureGym Personal Training Academy course is made up of 2 parts;

3.1.1 The PureGym Experience

3.1.2 Level 3 Diploma in Gym Instructing and Personal Training.

3.2 The course provides you with the technical and scientific knowledge required to operate as a Fitness professional within the UK, the experience prepares you for your career within PureGym.

3.3 This qualification is being prepared as an endorsement submission to CIMSPA, the Chartered Institute for the Management of Sport and Physical Activity. and is fully aligned to the following professional standards:

3.3.1 Gym Instructor

3.3.2 Personal Trainer

3.4 Course Structure

3.4.1 Access is provided to a bespoke PureGym Personal Training Academy learning platform, this platform is owned and operated by Gymcareer Limited.

3.4.2 All course content is accessed via this platform and the learning experience is online via pre-recorded lectures, live webinars and interactive learning material available at https://puregymstudent.com

3.4.3 All learners are assigned with a tutor to support them on their learning journey and will be provided with 1-1 sessions and touchpoints throughout.

3.5 Required equipment

3.5.1 As our course is online you will need access to a laptop or suitable tablet devices and a device capable of recording video, be it a camera or smartphone.

3.5.2 Internet access will be required to view all of the interactive learning platform, make submissions to your tutor and access most of the course information.

3.6.1 The course is designed to be completed within a 14-week time frame from the start date. The student is required to meet the deadlines set. This is a commitment as an adult learner.

3.6.2 For students who intend to go into the job role that is offered at the end of the course, a maximum of a 20 week time-frame to completion is expected. Any student completing beyond the 20 week timeframe may not be guaranteed the job role opportunity.

3.6.3 Tutor support and access to learning materials will be given over 12 months. Students who reach this end date and have not completed* the course may purchase access for a further 6 months at a cost of £25.00. If the student does not complete the course within this additional 6 month timeframe, a further and final 6 months access can be purchased at a cost of £50.00. Students who reach this end date and have not completed the course will see their course expire and the removal of tutor support and access to learning resources will cease. Payment must be made prior to agreeing to each course extension outlined above. Failure to make the payment will result in course expiration and the removal of tutor support and access to learning resources will cease. There is a no refund policy for additional access payments once purchased.

*Course completion is defined as the students portfolio being 100% completed and being subject to internal verification.

3.6.4 If our ability to perform the service is prevented or delayed by any failure by you to fulfil any obligations or complete remedial work from your tutor to the criteria standard specified the following actions can be taken:

(a) We are entitled to suspend performance of the service until remedied and to terminate the contract under the termination clause where we consider it appropriate to do so;

(b) We are not responsible for any costs or losses you sustain or incur arising directly or indirectly from any of the service/s provided;

(c) You will be required to reimburse the company on written demand for any costs or losses we sustain or incur arising directly or indirectly from your breach.

3.6.5 All courses and qualifications must be carried out in English. We will use reasonable endeavours to provide reasonable assistance with accessing the course if required but cannot provide interpreters. It is the responsibility of the student to ensure that they can meet these requirements.

3.6.6 We will use all reasonable endeavours to mark all course assignments submitted via the e-portfolio system within 21 working days of submission.

3.6.7 Upon completion of the course all student portfolios will be subject to internal verification. This process will be completed within 14 days of the portfolio completion. All portfolios may be subject to additional remedial work requirements as specified in the internal verification report. In this instance, it is the responsibility of the student to ensure that this remedial work is completed (with the guidance of an allocated tutor). Portfolio completion is defined as the portfolio percentage reaching 100%.

3.6.8 Students who are studying on the Earn While You Learn course must complete the Level 2 Gym Instructor certificate within a minimum of 6 weeks and a maximum of 8 weeks. Students who do not complete the Level 2 Gym Instructor course in the specified timeframe are not guaranteed the job role. This will be at the associated gym management team’s discretion. Students have a minimum of 8 weeks and a maximum of 12 weeks to complete the Level 3 Personal Trainer certificate.

3.7 The PureGym Journey

3.7.1 As part of the course, 12 months free membership is provided at your chosen PureGym location. The 12 months free membership starts from the 1st day of the course start date. If you are an existing member your account is not charged during the time it takes you to complete the course, up to a maximum period of 12 months. Your PIN will remain the same for existing members, non-members will receive a new PIN via text message and email. The free membership will expire at the end of 12 months regardless of the student’s position on the course.

3.7.2 Post course you will be guaranteed a PT/FC role within a PureGym, pending a successful FC interview with a Gym Manager and PT/FC role availability.

YOUR PERSONAL INFORMATION

4.1 At PureGym Personal Training Academy we are committed to protecting your privacy.

4.2 We collect and process personal data about you to provide the services you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfill other legitimate interests.

4.3 Our Privacy policy explains how we collect, use, share and protect your personal information. Click here to view our Privacy Policy

HOW TO GET STARTED

5.1 Learner entry requirements; Prior to registration for the qualification learners are required to:

5.1.1 Be accurately identified, providing proof of ID in the form of photo ID.

5.1.2 Be at least 18 years of age

5.1.3 Be able to communicate effectively in English [reading, speaking, listening, and writing]

5.1.4 Be eligible to work in the UK

5.2 As our course is largely online content based, learners will be required to have access to the below;

5.2.1 Computer or Laptop

5.2.2 Device capable of video recording (Smart phone is more than acceptable)

5.3 A learner application form is required to be signed and submitted prior to commencement of your course.

5.4 You are responsible for ensuring you provide accurate information at the time of application.

5.5 You will be required to provide photographic proof of ID, either a copy of a passport or driving licence.

5.6 Your course start will be delayed if these items are not received.

PURCHASING AND PAYMENTS

6.1 We accept the following methods of payment:

6.1.1 PayPal;

6.1.2 Visa or Mastercard through Stripe

6.1.3 Bank transfer

6.2 Upon payment, receipt via invoice will be provided.

6.3 Payments can be made by our online secure card payment system. Information of which can be obtained by speaking to one of our course advisors on 0333 044 0104.

6.4 Finance Plans

6.4.1 We offer flexible payment options via a third-party provider.

6.4.2 All agreements entered with this provider are exclusively between yourself and the provider.

6.4.3 No part within these terms and conditions relate to your potential agreement, the plan will in itself bring its own agreement and terms and conditions.

6.4.4 It is your responsibility to adhere to these terms and conditions and there is no involvement from the PureGym Personal Training Academy

CANCELLATION POLICY

7.1 In accordance with the Consumer Contracts Regulations 2013 and the Consumer Rights Act 2015, you may cancel this Agreement by completing our cancellation form. You must be within your 14 day cooling off period to receive a full refund (please see 7.2 and 7.3). To access the cancellation form, please email support@puregymstudent.

7.2 This form must be submitted within 14 days of the date that your course booking was made (“Cooling-off Period”). Any cancellations made after the 14 day cooling-off period has ended will not be entitled to a refund under any circumstance and will be required to pay ALL of the instalments as agreed upon enrolment.

7.3 Students who decide to cancel within the 14 day cooling-off period will be entitled to a refund of all monies paid within. All cancellation requests made outside of the 14 day cooling-off period will not be refunded regardless of circumstance.

7.4 If your commencement date is within 14 days of the date of your booking is made, and you have provided us with express consent to receive our enhanced delivery your legal right to cancel this agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will not apply. 7.5 If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice.

7.5.1 We have breached the Contract in any material way and have failed to remedy that breach within 4 weeks of you asking Us to do so in writing; or

7.5.2 We enter into liquidation or have an administrator or receiver appointed over Our assets; or

7.5.3 We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 11.2.5); or

7.5.4 We change these Terms and Conditions to your material disadvantage.

Postponements

8.1 The course cannot be postponed at any point from the start date. Once you have purchased the course, you must continuously study from the course state date until your qualification is complete*

*Course completion is defined as the students portfolio being 100% completed and being subject to internal verification.

8.2 Under exceptional circumstances, you may be eligible to postpone your place on the course for medical reasons. In this instance, a signed and dated doctor’s note must be presented to a member of the PureGym Personal Training Academy. A decision will be made after the fact. We by no means guarantee that a postponement will be agreed.

RIGHT TO TERMINATE

9.1 We may end access to an Online Course if you violate any of these terms and conditions and/or the following:

9.1.1 If you do not make any payment

9.1.2 If you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the training course, for example, you do not provide us with the completed application form or form of ID;

9.1.3 If the information provided in your application is incorrect or misleading or we discover that you do not meet the course requirements.

9.1.4 If we end your enrollment due to a breach of these terms or a rules violation we may deduct or charge you the full course fee as a result of your misconduct.

9.1.5 If you are aggressive or abusive towards a member of staff.

9.1.6 If you fail to comply with any educational feedback that has been given to you at any point during the course. All feedback is provided to help you learn and develop. As an adult learner, it is your responsibility to apply this feedback to your coursework.

LIMITATION OF LIABILITY

10.1 We shall not to the extent permitted by law be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, loss of anticipated savings, loss of data or waste of time).

10.2 Nothing in these terms and conditions shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligence nor any liability for fraudulent, misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

10.3 Nothing in these terms and conditions shall affect your statutory rights as a consumer under the Consumer Rights Act 2015, Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013.

INTELLECTUAL PROPERTY

We are the owner or the licensee of all intellectual property rights in the Course Materials and all rights in the design text graphics and other material on the Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

11.1 Where Course Materials are provided online or by email you may print off copies, and you may download extracts of any page(s) from our website for learning purposes only. You must not modify the paper or digital copies of any of the Course Materials we have sent to you or you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

11.2 You must not use any part of the Course Material on our site for commercial purposes.

EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)

12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, traffic jams and vehicular accidents, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.

12.2 If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

12.2.1 We will inform you as soon as is reasonably possible;

12.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

12.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

12.2.4 If the event outside of Our control continues for more than 4 weeks We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

12.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 7.5.3

YOUR RESPONSIBILITY

13.1 It is your responsibility to attend the Course that you have booked with us. We cannot and will not be liable or responsible for any failure on your part to attend part or all of a Course that you have booked, irrespective of the reason(s).

13.2 It is your responsibility to commit the requisite level of time and effort to your studies to enable you to achieve the requirements of the qualification, as dictated by the awarding organisation. While we will endeavour to support you as best as we can throughout your Course, we cannot accept any liability for any shortfall on your part to achieve the required assessment standard(s).

13.3 You are responsible for ensuring that you complete your Course within the allocated time frame. The course can be completed in 14 weeks and MUST be completed in 20 weeks to guarantee the job role offer (subject to successful interview). Students will have a maximum of 2 years to complete their qualification. Once the 2 year time frame expires, students will no longer have access to the learning resources or tutor support and the course will have officially expired.

13.4 It is your responsibility to ensure that all of the assessments and coursework you submit are entirely of your own creation. Should there be any proven incidences of plagiarism or malpractice this will result in disciplinary proceedings being brought against you. Disciplinary actions could include but are not limited to re-completion of all course assignments or your removal from the Course. If you are removed from the Course, you will not be entitled to a refund of any monies. We will also be required to disclose such malpractice(s) to the awarding organisation, who may also prevent you from accessing this course with another provider.

LEGAL

14.1 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. A person who is not a party to the agreement made between you and has no rights under the Contracts (Rights of Third Parties) Act 1999 in respect of such agreement and/or these terms and conditions.

14.2 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

14.3 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

14.4 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

14.5 Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.

14.6 If any Court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Procedural Appeals Policy

Section 01: Policy Scope

The PureGym Personal Training Academy is a reputable education provider offering professional development programmes and regulated qualifications in active leisure, learning and wellbeing. PureGym Personal Training Academy is recognised as a centre for the delivery of vocational qualifications in accordance with a legally established third party agreement with a number of regulated awarding organisations. The awarding organisations that we are affiliated with are regulated in England by the Office of Qualifications and Examinations Regulation (Ofqual).

PureGym Personal Training Academy have established this policy to enable clients, learners or any relevant third parties to appeal against procedural decisions associated with our industry and training services. This policy is relevant to all staff, clients, learners and any relevant third party. Those who are making an appeal on behalf of a client or learner must have evidencable permission to do so unless the client or learner is under 18 years. In these cases, parent or guardian communications are routinely accepted.

Procedural decision-making scenarios

Decisions associated with eligibility and enrolment
Decisions associated with initial assessment results
Decisions associated with a reasonable adjustment
Decisions associated with a special consideration
Decisions associated with an assessment method or outcome
Decisions associated with a quality assurance intervention outcome
Decisions associated with a complaint
Decisions associated with an investigation outcome
Decisions associated with an allegation of malpractice
Decisions associated with an allegation of maladministration
Decisions associated with an allegation of a safeguarding concern

Responsibilities

The nominated Integrity Officer maintains oversight for this policy, manages the processes and all associated records and any escalations. The appeals officer will take steps to ensure that appeals

handling activities and any associated investigations are carried out rigorously and objectively by an independent person of appropriate competence who has no personal interest in their outcomes.

This serves to prevent conflict and to maintain objectivity.

Integrity Officer Name: Ryan Johnston

Integrity Officer Email: ryan.johnston@puregymstudent.com

Section 02: Policy Statement

Responsibilities

PureGym Personal Training Academy endeavours to ensure fair and unbiased procedures and decision-making processes.

Learners any other relevant third parties are encouraged to make a procedural appeal within 20 working days of the procedural decision being made where they have evidence to demonstrate:

a decision made was inaccurate or
a decision-making process was not handled in line with our established procedures.

We pay due regard to every procedural appeal where the grounds for an appeal are met.

The grounds on which to base an appeal are based upon the following statements. The appellant must have:

information and/or evidence to contravene and potentially change the original decision or
information and/or evidence to demonstrate that the original decision-making process was not handled in line with the established procedure.

Any intelligence we receive in the handing of an appeal that indicates inappropriate behaviours associated with safeguarding, equality, processing of personal data, noncompliance with regulation, legislation or any matter that gives rise to a potential adverse effect 1 should be escalated to the relevant authority or awarding organisation immediately. As a reputable industry and training provider we take also responsibility for reporting these matters promptly upon receipt of any intelligence that suggests this is the case.

As an education provider of regulated qualifications, we comply with the requirements of any current complaints or appeals policies and rules published by the awarding organisations and the regulators. Where any relevant party notify us of failures discovered in the assessment process in a qualification, we will review whether a similar failure could affect our own assessments. In doing so, we will consider whether any remedial action is necessary in relation to assessments that have been undertaken, as well as considering appropriate amendments to those processes for the future.

Adverse effects associated with regulated qualifications are confirmed by Ofqual in England.

Section 03: Procedures

Stage 1: Informal appeal

Stage 1 is an informal verbal appeal:

The appellant is encouraged to make an informal appeal verbally to the staff member that made the procedural decision. This person will discuss the appeal with the appellant and attempt to find a solution that suits both parties. The appellant should allow 25 working days for an informal investigation and the decision to be changed if this is appropriate.

The staff member in receipt of the informal appeal will confirm the outcomes in writing and will:

Log the verbal appeal
Log all activities undertaken to informally investigate and reverse the decision [where this is the right decision]
Log the date that the outcomes were confirmed which must be within 25 working days of receipt of the appeal.

The person who is in receipt of the informal appeal maintain communication with the Integrity Officer throughout the process and will ensure accurate records are maintained. If the appellant does not feel they can make an appeal informally they should move straight to stage two of these procedures.

Stage 2: Informal appeal

Stage 2 is a formal written appeal:

The appellant should make a formal appeal in writing to the Integrity Officer. This stage should be completed where the appellant does not feel it is appropriate for the appeal to be handled informally or if they are dissatisfied with the outcomes or handling of the informal appeal. The Integrity Officer will acknowledge receipt of the formal appeal within 10 working days. The acknowledgment will outline the course of action to be taken and the Integrity Officer will handle the appeal by means which will be relevant to the nature of the appeal. Appeals handling activities may include:

Evidence sourced by scrutinising quality and audit systems, data, documentation and records against legislation, regulation, centre recognition conditions, specifications, service level agreements or learner agreements. For learner assessments associated with regulated qualifications this may include comparison between the specification and learner records of attendance and achievement including review of assessment papers, observations and portfolios.
Evidence sourced by conducting a physical visit to coaching or training sites. This may be planned and communicated. However, dependent upon the severity of the situation this may be unannounced. In such cases the investigator would be required to comply with the established Code of Conduct.
Evidence sourced by collecting any associated communications and requesting written testimonies.
Evidence sourced through interviews. These are often an essential component of an investigation and may be informal or formal, dependent on the nature of the issue. Informal interviews are conducted on an ad-hoc basis by the investigator when deemed necessary. These are not recorded, except by written minutes of the interview, and do not necessarily have a structure. Formal interviews consist of a set of thoroughly prepared questions to assist in the examination of the issue, where the responses will be recorded. Where an interview with a learner is deemed necessary, it should be conducted in the presence of the tutor, assessor, internal quality assurer and/or safeguarding officer as appropriate.

With specific regards to regulated qualification assessment processes, practices or results a remark of the assessment, review of quality assurance reports or reassessment activities may be initiated based upon the nature of the appeal. Where the appeal is associated with a written or recorded piece of work and alternative assessor will conduct a re-mark intervention. Where the two outcomes are different, a third re-mark is completed. Where the appeal is associated with the outcomes of a practical demonstration or professional discussion which are not recorded the assessment records will be reviewed. An investigation to determine whether the assessment decision stands or whether the assessment decision should be overturned will be conducted. Where internal quality assurance activities were completed on that particular assessment the decision will stand unless evidence suggests otherwise.

All evidence will be validated and triangulated to determine the accuracy or the original decision and effectiveness of the decision-making processes. The Integrity Officer will be independent of all original decisions. They will manage the process to ensure all records are effectively maintained. The Integrity Officer will, validate, triangulate, and evaluate all information collected and determine the outcomes. The Integrity Officer will communicate updates or in writing to all relevant stakeholders within or every 25 working days.

Stage 3: Awarding Organisation Escalation

Stage 3 Awarding Organisation Escalation:

Where the learner any relevant third party exhausts the centres appeals procedure and remains dissatisfied with the outcome, in relation to regulated qualifications they are eligible to report the details of their appeal to the awarding organisation in accordance with their procedures. In escalating the matter to the awarding organisation it is important to provide:

A full description and all details of the appeal
A full description and all details of the handing of the appeal
Names of any people involved in the matter and who have dealt with the appeal
Valid copies of any documents and communications connected with the appeal

Evidence must include the subject matter, dates, times, quality reports [where these are available] and any reference numbers where these are known. Failure to provide evidence to support the grounds for an appeal may results in the appeal being rejected. Awarding organisation appeals policies and reporting processes can be sourced on the relevant awarding organisation website.

Stage 4: Awarding Organisation Escalation

Where the learner or any relevant third party exhausts the awarding organisation appeals procedures and remain dissatisfied with the outcome, they are eligible to report the details of their appeal to the regulator in accordance with their procedures. Once the appeals process is exhausted, the matter may then be taken to the regulator. The Office of Qualifications and Examinations Regulation (Ofqual) regulate products delivered by recognised awarding organisations in England. Ofqual handle issues:

when an organisation they regulate does not comply with their regulations
related to the award of qualifications by organisations they regulate
related to issues that could undermine public confidence in qualifications they regulate

Before reporting the matter to the regulator Ofqual, appellants should exhaust all stages in policy. It is unlikely that regulator will follow up on an incident unless the individual has initially been through our procedural appeal process. Matters can be brought to Ofqual’s attention in writing, via email or by telephone:

Email: public.enquiries@ofqual.gov.uk

Address: Ofqual, Earlsdon Park, 53-55 Butts Road, Coventry, CV1 3BH

Telephone: 0300 303 3344 (The phone line is open on weekdays from 9pm to 5pm)

Section 04: Policy and procedure review

Systematic review

PureGym Personal Training Academy have in place a standardised and systematic monitoring process to ensure the continued relevance and accuracy of this policy. Any data collected with relates to the implementation of this policy will be used to inform any changes to the policy, approaches to the management of the organisation and to the delivery of products and services where this is required.

This policy and associated procedures were approved by the Board on 10 March 2021 and will be reviewed by the Board by 10 March 2022 unless there is a change in legislation changes or supporting data identifies that a review is required before this date.

Section 05: Policy document version control

This version is subject to version control. All changes will be tracked here and confirmed as an updated version.

Complaints Policy

Section 01: Policy Scope

Compliments defined

A compliment is defined as an expression of praise or admiration for our work in the management of our organisation and in the delivery of services.

Comments defined

A comment is defined as any feedback which may be of value to support our quest for continuous improvement.

Complaints defined

A complaint is defined as any concern which evidences with failures to adhere to published policy and procedures and inability to meet service timescales.

The nominated Integrity Officer maintains oversight for this policy, manages the processes and all associated records and any escalations.

Integrity Officer Name: Ryan Johnston

Integrity Officer Email: ryan.johnston@puregymstudent.com

Section 02: Policy Statement

Service Commitment

PureGym Personal Training Academy endeavour to provide exceptional services. In support of this we pay due regard to all compliments, comments and complaints taking action to ensure continuous improvement.

In support of our commitment to outstanding practices we encourage clients, learners to raise any concerns immediately. This will enable us to resolve matters without delay and consider the changes to our ways of working.

Any intelligence we receive in the handing of a complaint that indicates inappropriate behaviours associated with safeguarding, equality, processing of personal data, noncompliance with regulation, legislation or any matter that gives rise to a potential adverse effect should be escalated to the relevant authority or awarding organisation immediately. As a reputable industry and training provider we take responsibility for reporting these matters promptly upon receipt of any intelligence that suggests this is the case.

Learners or any relevant third parties that are registered onto regulated qualifications should notify the appropriate awarding organisation or authority immediately if they suspect that maladministration or malpractice has occurred. They can also make the complaint direct to the relevant awarding organisation or authority in exceptional circumstances where they feel there was a significant breach by the centre of their procedures or published requirements.

As a training provider that delivers regulated qualifications we comply with the requirements of any current complaints or appeals policies and rules published by the awarding organisations and the regulators. Where any relevant party notify us of failures discovered in the assessment process in a qualification, we will review whether a similar failure could affect our own assessments. In doing so, we will consider whether any remedial action is necessary in relation to assessments that have been undertaken, as well as considering appropriate amendments to those processes for the future.

This policy is not to be used to address appeals against assessment outcomes or any other procedural decision which are covered within the PureGym Personal Training Academy Appeals Policy. Upon receipt of a complaint which is in fact an appeal, we will confirm that this is being handled in accordance with the Appeals Policy.

Adverse effects associated with regulated qualifications are confirmed by Ofqual in England.

Section 03: Procedures

Compliments Procedure

Compliments should be made in writing through our service inbox. We will acknowledge the compliment within ten working days.

Upon receipt of the compliment we may request further information which can be used in a published testimonial. This is not mandatory, and we will request your permission prior to publishing any information.

Comments Procedure

Comments should be made in writing through our service inbox. Please ensure that you provide clarity to enable us to use the information to support changes. We will acknowledge the comment within ten working days.

Upon receipt of the comment we may request further information in order to make changes in the management of the organisation and in the delivery of services where this is needed. We reserve the right to maintain systems and services in their current format where comments received from different parties are conflicting.

Complaints Procedure

All complaints must be made to the PureGym Personal Training Academy before escalating to any other authority, awarding organisation or regulators. The exception to this rule is where the intelligence is associated with illegal or unethical activities which constitute malpractice or maladministration and require immediate escalations.

Stage 1: Informal verbal complaint

Stage 1 is an information verbal complaint:

These should be made verbally to any member of staff. Clients should report these to their coach, and learners should report these to their tutor. The intent is to enable to grievance to be discussed informally and attempt to find a solution that suits both parties should be made. Complainants must give the member of staff time to investigate or rectify the grievance. All staff members are required to report outcomes to the complainant in writing and must:

Log the verbal appeal
Log all activities undertaken to informally investigate and resolve the grievance [where this is right to do so]
Log the date that the outcomes were confirmed which must be within 25 working days of receipt of the complaint.

The staff member that received the informal complaint must maintain communication with the Integrity Officer throughout the process to ensure accurate records are maintained. If the complainant does not feel they can make a complaint informally they should move straight to stage two of these procedures.

Stage 2: Formal written complaint

The complainant should make a formal complaint in writing to the integrity Officer. This stage should be completed where the complainant does not feel it is appropriate for the complaint to be handled informally or if they are dissatisfied with the outcomes or handling of the informal complaint. The Integrity Officer will acknowledge receipt of the formal complaint within 10 working days. The acknowledgment will outline the course of action to be taken and the Integrity Officer will investigate the complaint in a manner which is relevant to the nature of the issues raised. Investigation activities include evidence collection and review which may include:

Evidence sourced by scrutinising quality and audit systems, data, documentation and records against legislation, regulation, centre recognition conditions, specifications, service level agreements or learner agreements. This may include comparison between the product and any learner records of attendance or achievement including assessment papers, observations and portfolios.
Evidence sourced by conducting a physical visit to coaching or learning sites. This may be planned and communicated. However, dependent upon the severity of the situation this may be unannounced. In such cases the investigator would be required to comply with the established Code of Conduct.
Evidence sourced by collecting any associated communications and requesting written testimonies.
Evidence sourced through interviews. These are often an essential component of an investigation and may be informal or formal, dependent on the nature of the issue. Informal interviews are conducted on an ad-hoc basis by the investigator when deemed necessary. These are not recorded, except by written minutes of the interview, and do not necessarily have a structure. Formal interviews consist of a set of thoroughly prepared questions to assist in the examination of the issue, where the responses will be recorded. Where an interview with a client or learner is deemed necessary, it should be conducted in the presence of a relevant third party, and/or safeguarding officer as appropriate.

This list is not exhaustive and may not be required in all cases. This serves as an indication of the nature of activities required to solicit evidence in light of each individual set of circumstances. An evaluation of the information collected will be completed and outcomes determined the evidence has been validated and triangulated. Updates or outcomes will be communicated to all relevant stakeholders within and/or every 25 working days.

If any part of the complaint is upheld due consideration to how we can improve our service and arrangements will be confirmed. This may, for example, include a review of our procedures or arranging for staff training. In exceptional circumstances, internal disciplinary procedures may be exercised where the performance or behaviour of our staff is deemed inappropriate. The details of internal disciplinary procedures will not be shared externally other than the description of the outcome where confidentiality requirements permit.

Stage 3: Appeal to the centre

Where the complainant exhausts PureGym Personal Training Academy complaints procedure and remains dissatisfied with the outcome and feel they have grounds for an appeal they are then eligible to follow a procedural appeal process as outlined in the PureGym Personal Training Academy procedural appeals policy.

Stage 4: Escalation to the awarding organisation

Where the PureGym Personal Training Academy appeals procedure has been exhausted and the appellant remains dissatisfied with the outcome, they are then eligible report the appeal against the centre to the relevant awarding organisation. They must only do so where they have grounds and evidence which supports the appeal in accordance with each awarding organisation policy. Awarding organisation policies and reporting processes are housed on their websites.

Stage 5: Escalation to the regulator

Where learners on regulated qualifications or any relevant third party exhausts the awarding organisation appeals procedures and remain dissatisfied with the outcome, they are eligible to report the details of their appeal to the regulator. To do this they must follow the regulators procedures. The Office of Qualifications and Examinations Regulation (Ofqual) regulate products delivered by recognised awarding organisations in England. Ofqual handle issues:

when an organisation they regulate does not comply with their regulations
related to the award of qualifications by organisations they regulate
related to issues that could undermine public confidence in qualifications they regulate.

Before reporting the matter to the regulator Ofqual, appellants should exhaust all stages in policy. It is unlikely that regulator will follow up on an incident unless the individual has initially been through the procedural appeal processes outline. Matters can be brought to Ofqual’s attention in writing, via email or by telephone:

Email: public.enquiries@ofqual.gov.uk

Address: Ofqual, Earlsdon Park, 53-55 Butts Road, Coventry, CV1 3BH

Telephone: 0300 303 3344 (The phone line is open on weekdays from 9pm to 5pm)

Section 04: Policy and Procedure Review

Systematic Review

This policy was approved by the Board on 10/03/2021 and will be reviewed by the Board in 10/03/2022 unless there is a change in legislation changes or supporting data identifies that a review is required before this date.

Section 05: Policy Document Version Control

This document is subject to version control. All changes will be tracked here and confirmed as an updated version.

Equality and Diversity Policy

Section 01: Policy Scope

PureGym Personal Training Academy is a reputable education provider offering professional development programmes and regulated qualifications in active leisure,

learning and wellbeing. PureGym Personal Training Academy is recognised as a centre for the delivery of vocational qualifications in accordance with a legally

established third party agreement with a number of regulated awarding organisations. The awarding organisations that we are affiliated

with are regulated in England by the Office of Qualifications and Examinations Regulation

(Ofqual).

This policy is required to be complied with by all stakeholders affiliated with our organisation. This includes strategic leaders, staff,

subcontracted services, learners, and any other relevant third party. Any breach to this policy must be reported as a complaint in

accordance with the procedures outlined in the PureGym Personal Training Academy Compliments, Comments and Complaints Policy.

Equality defined

Equality is defined the fair and equal treatment of all people, ensuring all everyone has the same opportunities and access, regardless of the environment.

Diversity defined

Diversity is the understanding that each individual is unique. It requires us to recognise our individual differences and the benefits this can have.

Inclusion defined

Inclusion requires that all people, regardless of their background, disabilities, abilities or other potential discriminatory factors

have the right to be respected and included without bias or

neglect.

Differentiation defined

Differentiation removes potential barriers to learning by providing an environment which enables participants to learn within their own ability level or specific requirements.

The nominated Integrity Officer maintains oversight for this policy, manages associated processes and all associated records.

Any enquiries in the deployment of this policy should be directed to

Integrity Officer in the first instance:

Integrity Officer name: Ryan Johnston

Integrity Officer email: ryan@puregymstudent.com

Section 2: Policy Statement

Equality Commitment

PureGym Personal Training Academy is committed to promoting equality. We engage in equality practices in the management of our organisation and in the

delivery of our programmes and qualifications.

We operate in accordance with the Equality Act 2010. It is against the law to discriminate against anyone because of the nine protected

characteristics outlined in the Equality Act 2020 which are outlined in Appendix 1. We treat all individuals equally ensuring that no one

should feel threatened or degraded on the grounds of the protected characteristics outlined in the Equality Act 2010 or any other

characteristic.

We value diversity and recognise that our organisation is greatly enhanced by unique individuals from a range different range of

backgrounds, experiences, views, beliefs, and cultures represented across our staff. We acknowledge that variety and differences are

intrinsic to the success and future development of our business and our industry. We adopt inclusion and differentiation techniques to

ensure all people with any characteristic feel valued.

In deploying this policy PureGym Personal Training Academy ensures that all stakeholders help to prevent and tackle all types of discrimination in accordance

with the Equality Act 2020 definitions outlined in Appendix 2.

PureGym Personal Training Academy has a zero tolerance on any acts of discrimination in light of the protected, or any other characteristics. Where

discrimination is alleged and proven, action will be taken in accordance with the PureGym Personal Training Academy Malpractice and Maladministration Policy.

Section 3: Procedures

Deployment activities

Equality and diversity is encouraged and embraced throughout all activities in the management of the recognised centre and in the

delivery of the programmes and qualifications.

Workforce recruitment

All staff are recruited in a fair and equitable manner. Staff selection for employment, volunteering, promotion,

training or any other benefit will be on the basis of aptitude and ability. Staff are fully inducted into the centre policies and practices and have a clear understanding of their role and code of conduct commitments.

Workforce management

All staff are managed equally and subject to performance reviews in line with their job description and the centres code of conduct. Learning and development planning is conducted and CPD is monitored.

Learner enrolments

All learner’s enrolment for courses and related initial assessments are conducted in accordance with the product pre-requisites, specific selection and initial assessment criteria including an initial assessment of

every learner having considered barriers to access, in accordance with the

Equality Act 2010 and its protected characteristics. Access arrangements are put in place and carefully monitored where these are required.

Delivery and assessment

All learners are treated equally being provided with the same learning and assessment programme (the exception being for those where agreed reasonable adjustments have been applied). Inclusion and differentiation techniques are embedded into all programmes. Learners are assessed in line with the assessment criteria and only those who have successfully achieved the criteria are eligible to be submitted for certification. Assessment decisions are communicated and recorded with an appropriate rationale.

Quality assurance

All learners’ assessments may be subject to quality checks for internal quality assurance and moderation purposes; unless the checks are made as a result of an incident (complaint, appeal or allegation). All learners

must be aware that all courses are subject to an EQA intervention.

Stakeholder services

All comments, complaints, allegations, appeals and any incidents of discrimination or any type of unfair treatment is taken extremely seriously, acknowledged and investigated ensuring a swift response and

appropriate action.

Section 4: Policy and procedure review

Systematic review

PureGym Personal Training Academy have in place a standardised and systematic monitoring process to ensure the continued relevance and accuracy of this

policy. Any data collected with relates to the implementation of this policy will be used to inform any changes to the policy, approaches

to the management of the organisation and to the delivery of products and services where this is required.

This policy was approved by the Board on 10 March 2021

and will be reviewed by the Board in March 2021 unless there is a change in legislation changes or supporting data identifies that a review is required before this date.

Section 5: Policy document version control

This document is subject to version control. All changes will be tracked here and confirmed as an updated version.

Appendix 01: Protected Characteristics

Age
Age refers to a person belonging to a particular age (e.g. 32-year olds) or range of ages (e.g. 18 – 30-year olds).

Disability
Disability is defined as where an individual has a physical or mental impairment which has a substantial and long-term adverse effect on that individual’s ability to carry out normal day-to-day activity.

Gender reassignment
Gender reassignment refers to the process of transitioning from one gender to another.

Marriage and civil partnership

Marriage in England and Wales is no longer restricted to a union between a man and a woman but now includes a marriage between a same-sex couple. Same-sex couples can also have their relationships legally

recognised as ‘civil partnerships’. Civil partners must not be treated less favourably than married couples (except where permitted by the Equality Act).

Pregnancy and maternity

Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.

Race

Race refers to the protected characteristic of Race. It refers to a group of people defined by their race, colour, and nationality (including citizenship) ethnic or national origins

Religion or belief

Religion has the meaning usually given to it, but belief includes religious and philosophical beliefs including lack of belief (e.g. Atheism). Generally, a belief should affect your life choices or the way you live, for it to be

included in the definition.

Sex

Sex is defined as a man or a woman.

Sexual orientation
Sexual orientation is where a person’s sexual attraction is towards their own sex, the opposite sex or to both sexes.

Appendix 02: Discrimination Definitions

Direct discrimination

Direct discrimination is where someone is treated less favourably than another person because of a protected characteristic.

Associative discrimination

Associative discrimination is direct discrimination against someone because they are associated with another person who possesses a protected characteristic.

Discrimination by perception

Discrimination by perception is direct discrimination against someone because others think they possess a particular protected characteristic. They do not necessarily have to possess the characteristic to be discriminated against.

Indirect discrimination

Indirect discrimination occurs when there is a rule or policy that applies to everyone but disadvantages a person with a particular protected characteristic.

Harassment

Harassment is behaviour that is deemed offensive by the recipient. Employees can now complain of the behaviour they find offensive even if it is not directed at them.

Harassment by a third party

Harassment by a third party is where employers could be held liable for harassment of their workers by third parties.

This means that employers could be potentially liable for harassment of their employees by people (third parties) who are not employees of the company, such as customers or clients.

Victimisation

Victimisation occurs when someone is treated badly because they have made or supported a complaint or grievance under this legislation.

Malpractice and Maladministration Policy

Section 01: Policy Scope

PureGym Personal Training Academy is a reputable education provider offering professional development programmes and regulated qualifications in active leisure,

learning and wellbeing. PureGym Personal Training Academy is recognised as a centre for the delivery of vocational qualifications in accordance with a legally

established third party agreement with a number of regulated awarding organisations. The awarding organisations that we are affiliated with are regulated in England by the Office of Qualifications and Examinations Regulation (Ofqual).

PureGym Personal Training Academy take all reasonable steps to prevent maladministration or malpractice and to mitigate and manage any adverse effects where

it does occur.

Malpractice

Malpractice is defined by us as any deliberate

activity, neglect, default or other practice that is unethical or

unlawful, which breaches regulations, the terms of any formal agreements and which compromises the integrity of our recognition status, financial stability, reputation, the reputation of stakeholders, products, assessment,

processes and/or the validity of certificates.

Malpractice may include a range of acts or omissions, from the failure

to maintain appropriate records or systems to the deliberate falsification of records in order to claim certificates.

For the purpose of this policy this term also covers misconduct and forms of unnecessary discrimination or bias towards certain learners or groups of learners. We perceive misconduct or any improper or unprofessional

behaviour during assessment, or whilst operating within the realms of the delivery, of any our qualifications, as deliberate and within the bracket of malpractice.

Maladministration

Maladministration is defined by us as any activity or practice which results in non-compliance with the terms of any formal agreements and any other of our policy documents or processes. This includes the application of

persistent mistakes, poor administration and inaccurate records.

The nominated Integrity Officer maintains oversight for this policy, manages the processes and all associated records and any escalations.

Integrity Officer name: Ryan Johnston

Integrity Officer email: ryan.johnston@puregymstudent.com

Section 2: Policy Statement

Malpractice and Maladministration Prevention

PureGym Personal Training Academy is committed to the prevention of malpractice and maladministration. In support of this, clear and transparent operating

rules have been established which must be complied with. Failure to do so will result in corrective action which serves to prevent, mitigate and/or manage any adverse effects. All stakeholders are required to formally agree to our protocol in accordance with terms of reference that are relevant to their specific role. We have outlined specific responsibilities for specific stakeholders below. However, we do expect that all stakeholders and any relevant third parties comply with all relevant legislation, regulation and our policy documents and processes in the strategic leadership of the organisation and in the delivery of programmes and qualifications.

Senior officers, staff and subcontracted workforce

PureGym Personal Training Academy senior officers and staff must operate in accordance with all legislation, regulation, funding and awarding organisation rules. They must also operate in accordance with PureGym Personal Training Academy policies and procedures, job roles descriptions the organisational and industry codes of conduct.

Subcontracted workforce

PureGym Personal Training Academy subcontracted workforce members must operate in accordance with all legislation, regulation, funding and awarding organisation rules. They must also operate in accordance with PureGym Personal Training Academy policies and procedures, organisational and industry codes of conduct and the legally established supply of service agreement.

Subcontracted sites

PureGym Personal Training Academy training and sites which are not owned by the organisation must be supported by service level agreements which must contain facilities to support the full programmes of training and assessment. Each delivery site must be safe and accessible in accordance with Health and Safety at Work Act 1974 and the Equality Act 2010.

The service level agreement must make reference to the health and safety policy which is operational at the site and which must be adhered to when any centre stakeholder is in attendance at the site.

Learners

Learners are required to behave in accordance with the [PureGym Personal Training Academy] policies and procedures, a signed learning agreement and relevant

awarding organisation policy, procedures and specifications.

Learners must act with integrity. The following behaviours constitute learner misconduct and will results in disciplinary action:

Failure to ensure appropriate behaviour and conduct at all times

Failure to abide by awarding organisation and centre rules, policy and procedures

Failure to provide accurate identification documents during the enrolment process

Failure to act with integrity by deliberately misleading the awarding organisation or recognised centre

Failure to abide by the learning agreement as agreed with the recognised centre: this might refer to attendance and

conduct

Failure to ensure proper behaviour in assessment. The following will not be tolerated and constitutes

malpractice:

 Cheating

 Plagiarism

 Collusion

 Impersonation

 Disruptive behaviour

 Aggressive behaviour

 Bullying or inappropriate comments

 Impeding or damaging the work of others

 Producing assessment which is not authentic

 Inappropriate, offensive or obscene material or language

Learners must behave in a manner which is deemed appropriate and misconduct is considered as part of this policy.

Examples are outlined in the addendum. We also expect that l earners conduct themselves with appropriate organisational or industry codes of practice in their role.

Our Learners often participate in practical sessions where other participants are asked to attend. Learners might also attend a work-based environment and due to the nature of our industry many learners may come into contact with children, adults and adults at risk. Any violations of safe practice and associated codes of conduct will be investigated and for those attending a regulated qualification, it may lead to the withdrawal of the learner’s registration.

Section 2: Procedures

Malpractice and Maladministration reporting

All individuals affiliated with PureGym Personal Training Academy

have a duty to notify us immediately after having identified potential maladministration or malpractice or as soon as possible thereafter. If they have not been able to tell us immediately, they must provide a reason when they contact us.

Cases of malpractice or maladministration being withheld or confirmed may result in the imposition of penalties or disciplinary procedures in accordance.

To enable thorough evaluation of evidence and investigations to be conducted care must be taken by the

informant when reporting the matter to include:

 a detailed account of the circumstances surrounding the suspicions and allegations

 details of any consequent actions or investigations carried out

 any extenuating circumstances

 where applicable, statements signed and dated by all people involved

The Integrity Officer will acknowledge receipt of the formal appeal within 10 working days. The acknowledgment will outline the course

of action to be taken relevant to the nature of the allegation. The Integrity Officer will escalate the allegation to relevant authorities upon receipt such as:

 The awarding organisation

 The qualifications regulator

 The qualification funding agencies

 The professional body and national governing bodies

 The courts [in connection with any court proceedings]

 The police, fraud prevention agencies or other law enforcement agencies [to investigate or prevent crime, including fraud]

The Integrity Officer will then work with the relevant authority to investigate as appropriate. We reserve the right to use penalties and

take immediate disciplinary action in order to prevent or mitigate any adverse effects. Updates or outcomes will be communicated with

or every 25 working days. We will not be eligible to disclose all details of the investigation activities as this may not be appropriate for

confidentiality and legal reasons. Whilst we cannot guarantee that we will disclose wall matters we will maintain communication and will strive to handle the matter fairly and properly.

Malpractice and Maladministration whistleblowing procedures

In the event that the person making the report of suspected malpractice or maladministration wishes to remain anonymous, we aim to try to maintain confidentiality wherever practicable. It is preferred that allegations are accompanied with an identity and contact details.

Those who wish to remain anonymous and are concerned about possible adverse consequences should explicitly state this in the allegation report. We cannot guarantee confidentiality in all cases as we may need to disclose the identity should the allegation lead to issues that need to be taken forward by relevant authorities.

The authority assigned to review allegations are not permitted to reveal the person’s identity unless the whistle-blower agrees, or it is absolutely necessary for the purposes of the investigation. The relevant authority will advise the whistle-blower if it becomes necessary to reveal their identity against their wishes.

Whistle-blowers should also recognise that they may be identifiable due to the nature or circumstances of the disclosure; for example, the party which the allegation is made against may identify possible sources of disclosure without such details being disclosed to them.

Upon receipt of an allegation we have a duty to pursue the matter. It will not be possible to prevent the matter being investigated by subsequently withdrawing the initial concern as we are obliged by the regulators to follow-up and investigate all allegations of malpractice or maladministration. In all cases, updates will be provided, and the whistle-blower will have the opportunity to raise any concerns about the way the investigation is being conducted. We will not be eligible to disclose all details of the investigation activities as this may not be appropriate due to confidentiality or for legal reasons. While we cannot guarantee that we will disclose all matters as may be requested we will strive to handle the matter fairly and properly.

Malpractice and Maladministration investigations

Investigation activities may require evidence collection and review which may include:

1. Evidence sourced by scrutinising quality and audit systems, data, documentation and records against legislation, regulation, centre

recognition conditions, specifications, service level agreements or learner agreements. If this relates to a regulated qualification

then this may include comparison between the product and any learner records of attendance or achievement including assessment

papers, observations and portfolios.

2. Evidence sourced by conducting a physical visit to centre sites or premises. In the case of partners, suppliers or subcontracted

services this may be planned and communicated. However, dependent upon the severity of the situation this may be unannounced.

In such cases the investigator would be required to comply with the established Code of Conduct.

3. Evidence may be sourced by collecting any associated communications and requesting written testimonies.

4. Evidence may be sourced through interviews. These are often an essential component of an investigation and may be informal or

formal, dependent on the nature of the issue. Informal interviews are conducted on an ad-hoc basis by the investigator when

deemed necessary. These are not recorded, except by written minutes of the interview, and do not necessarily have a structure.

Formal interviews consist of a set of thoroughly prepared questions to assist in the examination of the issue, where the responses

will be recorded. Where an interview with a learner on a regulated qualification is deemed necessary, it should be conducted in the

presence of the tutor, assessor, internal quality assurer and/or safeguarding officer as appropriate.

This list is not exhaustive and may not be required in all cases. This serves as an indication of the nature of activities required to solicit

evidence in light of each individual set of circumstances and will be completed in liaise with the relevant awarding organisation or

authority.

An evaluation of the information collected will be completed and outcomes determined once evidence has been validated, triangulated

and agreed with the relevant awarding organisation or authority. Updates or outcomes will be communicated to all relevant stakeholders within and/or every 25 working days.

Malpractice and Maladministration outcomes

Maladministration and malpractice outcomes will be agreed in alliance with the relevant authority responsible for maintaining oversight

for the investigation. In many cases due to the nature of our programmes and qualifications.

All penalties, their nature and length will be proportionate to the offence and based upon valid evidence.

Penalties for strategic leaders and staff

Confirmed maladministration or malpractice on the part of subcontracted workforce will incur penalties proportionate to the offence

which include verbal warning, written warning, retraining, temporary suspension, working only under supervision or permanent

exclusion, including regulatory and legal action pertaining to the:

 leadership of centre

 financial management of the centre

 coordination of the centre

 coordination of products

 delivery of products

 assessment of products

 internal quality assurance of products

Penalties for subcontracted workforce

Confirmed maladministration or malpractice on the part of subcontracted workforce will incur penalties proportionate to the offence

which include verbal warning, written warning, retraining, temporary suspension, working only under supervision or permanent

exclusion including regulatory and legal action pertaining to the:

 delivery of products

 assessment of products

 internal quality assurance of products

Penalties for subcontracted training and assessment sites

Confirmed maladministration or malpractice on the part of subcontracted training and assessment sites will incur penalties

proportionate to the offence which include:

 verbal and written reminders of reminder of terms and conditions

 termination of the contract

 regulatory or legal escalations

Penalties for learners

Confirmed maladministration or malpractice on the part of the learner through misconduct includes:

 Written warning

 Disqualification from an assessment and awarding organisation escalation

 Disqualification from the centre, qualification, professional body and regulatory escalation [this may be for a period]

 Disqualification from all qualifications with a specified awarding organisation, regulatory escalation and potential legal action

Section 4: Policy and procedure review

Systematic review

This policy and associated procedures were approved by the Board on 10 March 2021 and will be reviewed by the Board in March 2022 unless there is a change in legislation changes or supporting data identifies that a review is required before this date.

Section 5: Policy document version control

This document is subject to version control. All changes will be tracked here and confirmed as an updated version.

Privacy Policy

PureGym Personal Training Academy is a reputable education provider offering professional development programmes and regulated qualifications in active leisure,

learning and wellbeing. PureGym Personal Training Academy is recognised as a centre for the delivery of vocational qualifications in accordance with a legally

established third party agreement with a number of regulated awarding organisations. The awarding organisations that we are affiliated

with are regulated in England by the Office of Qualifications and Examinations Regulation (Ofqual).

This policy is required to be complied with by all stakeholders affiliated with our organisation. Any breach to this policy must be reported

as a complaint in accordance with the procedures outlined in the

PureGym Personal Training Academy Compliments, Comments and Complaints Policy.

A privacy policy is a statement or a legal document (in privacy law) that discloses some or all of the ways a party gathers, uses, discloses, and manages a customer or client’s data

The nominated Integrity Officer maintains oversight for this policy, manages associated processes and all associated records.

Any enquiries in the deployment of this policy should be directed to

Integrity Officer in the first instance:

Integrity Officer name: Ryan Johnston

Integrity Officer email: ryan.johnston@puregymstudent.com

Section 2: Policy Statement

Personal information

PureGym Personal Training Academy is committed to protecting personal information and will not use or share information with anyone except as described in this

privacy policy. This policy supports PureGym Personal Training Academy need to collect information and the rights of any individual, to privacy. It ensures that we

can collect personal information necessary to support our services and function while also recognising the right of the individuals to

have their information handled in a way that they would expect and protect the privacy of their personal information.

We may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personal

information may include, but is not limited to:

 your name

 nationality

 date of birth

 email address

 postal address

 telephone number

 relevant protected characteristics

 relevant health and medical information

 unique learner number

Section 2: Procedure

Data collection

We collect and process some of the following types of information from you

may include, but is not limited to:

 Information that you provide when completing forms, this includes information provided at the time of recruitment, registering onto

training events, subscribing to our services, posting material or requesting further information or services.

 If you contact us, we may keep a record of that correspondence.

 We may also ask you to complete surveys that we or third parties use for research purposes.

 Details of all actions that you carry out through our website and of the provision of services to you.

 Details of your visits to our website including, but not limited to, traffic data, location data, weblogs and other communication data,

the site that referred you to our site and the resources that you access.

Sharing or transferring your data

We limit access to your personal data to those who have a genuine business need to know it, but will need to disclose your personal

information to selected third parties in order to achieve the purposes set out in this Notice. These parties may include (but are not

limited to):

 Transcend Awards Limited

 organisational workforce

 regulatory bodies such as Ofqual

We will need to disclose your personal information to Transcend for the following reasons:

 register you as a learner onto a training event

 issue assessment results, claim certification and maintain records

 register you as a staff or workforce member to meet requirements

 to carry out reviews, complaints or appeals

 to provide further information related to our products and services

 to provide further information related to Transcend products and services (where you consent to do so)

 to provide further information related to partner products and services (where you consent to do so)

 to comply with regulatory and legal requirements

Data security

PureGym Personal Training Academy take appropriate measures to ensure that all personal data is kept secure including security measures to prevent personal

data from being accidentally lost, or used or accessed in an unauthorised way, for the duration of your use of our services. We limit

access to your personal data to those who have a genuine business need to know it. Those processing your information will do so only in

an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you of a suspected data security

breach where we are legally required to do so.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your

personal data, we cannot guarantee the security of your data transmitted to the website, therefore any transmission remains at your

own risk. Once we have received your information, we will use strict procedures and security features in order to prevent unauthorised

access.

Data rights of access

The Data Protection Act 2018 outlines various rights that a data subject has with regard to their personal data. Please see a summary

below:

• The “Right to be informed”: individuals must be made aware of how and why their personal data is collected.

• The “Right of access”: individuals can request access to copies of their personal data in order to verify that it is being processed in a

lawful and correct way

• The “Right to rectification”: individuals can request that inaccurate personal data is corrected (or completed if it is incomplete)

• The “Right to erasure”: under certain circumstances, an individual can request that their personal data is deleted (e.g. if they wish to

unsubscribe from receiving marketing communications and also have their contact details completely deleted from our systems. This

would be possible provided there was no legitimate ongoing reason for us to retain their details)

• The “Right to restrict process”: under certain circumstances an individual can request the suppression of their personal data (e.g.

allowing us to continue holding their data, but pausing all processing of that data whilst they seek to verify that it is accurate and / or

being processed lawfully)

• The “Right to portability”: under certain circumstances, an individual can request that their personal data is electronically transferred

from us to another data controller

• The “Right to object”: under certain circumstances, an individual can object to the way in which their data is being processed (for

example, if they believe that we do not have legitimate grounds for collecting and processing certain information about them). If the

objection is upheld, we are required to stop processing that information.

Section 4: Policy and procedure review

Systematic review

PureGym Personal Training Academy have in place a standardised and systematic monitoring process to ensure the continued relevance and accuracy of this

policy. Any data collected with relates to the implementation of this policy will be used to inform any changes to the policy, approaches

to the management of the organisation and to the delivery of products and services where this is required.

This policy was approved by the Board on 10 March 2021 and will be reviewed by the Board in March 2022 unless there is a change in legislation changes or supporting data identifies that a review is required before this date.

Section 5: Policy document version control
This document is subject to version control. All changes will be tracked here and confirmed as an updated version.

Online Privacy Policy

PRIVACY POLICY
Last Updated: 19 May 2021

In this Privacy Policy, “we”, “us” and “our” refers to: Gymcareer Limited t/a PureGym Personal Training Academy.

Generally speaking, we receive and store any information you enter on our website or give us in any other way. We use the information that you provide for such purposes as providing our services and communicating with you.

We collect information so that we may provide you with those Services you have requested from us. Although a large portion of the data we collect from you may be considered to be Personal Data (data that is capable, in some manner, of identifying you), we work to ensure that we do not collect more data than is necessary to provide our Services to you, or that could help in ensuring we provide the best possible Service to you. This Privacy Policy provides you with the details on how we handle your data and describes the ways you can manage your data with us.

WEBSITE USERS (COOKIE POLICY)

INFORMATION WE COLLECT

User Provided Information: We collect information you provide when choosing to participate in various activities on the website. Such information may include Personal Information. Personal Information includes data such as: your name, address, telephone number, email address, and other data collected that could directly or indirectly identify you.

Cookies Information: When you visit our website, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. Puregymstudent.com may use session cookies. A session cookie is temporary and disappears after you close your browser or mobile device. you can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. Puregymstudent.com may use persistent cookies also. These are cookies placed on your computer or mobile device for a pre-determined length of time when you visit this site. This site only places cookies that are specific to this site. Puregymstudent.com maintains its legitimate interest in using such cookies, as some features of the Website may not function properly if the ability to accept cookies is disabled. Please note that this information applies to the use of cookies by Puregymstudent.com and does not cover the use of cookies or other tracking technology by any third parties. (Some of our business partners (e.g., advertisers) may use cookies on our website; however, we have no access to or control over these cookies)

Log File Information: When you use our website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

Third Party Links: The website may contain links to other sites. We are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our website and to read the privacy statements of every website that collects your personally identifiable information. This Privacy Policy applies only to information collected by our website(s).

Analytics: We may share non-personally-identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to assist us in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the website.

THE WAY WE USE INFORMATION

WEBSITE USERS INFORMATION

If you submit personally identifiable information to us through the website, then we may use such information to operate, maintain, and provide to you the features and functionality of the website, including, when applicable, sending you information.

Any personal information or other content that you voluntarily disclose online (on discussion boards, in messages and chat areas, etc.) becomes publicly available and can be collected and used by others, including Puregymstudent.com, without any additional permission. We may use your email address or other personally identifiable information to send commercial, marketing, or other messages without additional consent. We may share non-personally-identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third parties to assist us in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the website. We may disclose Personal Information and/or non-personally identifiable information if required to do so by law, or in the good faith belief that such action is necessary to comply with state and federal laws or respond to a court order, subpoena, or search warrant. Puregymstudent.com reserves the right to disclose Personal Information and/or non-personally-identifiable information that Puregymstudent.com believes, in good faith, is appropriate or necessary to take precautions against liability, to investigate and defend itself against any third party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our website, and to protect the rights, property, or personal safety of Puregymstudent.com, our users or others, and to protect the rights, property, or personal safety of Puregymstudent.com, our users or others.

COOKIES/LOG FILES

We may use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, click stream data, etc.) to improve the quality and design of the website and to create new features, promotions, functionality, and services by storing, tracking, and analysing user preferences and trends.

We may use cookies and log file information to: (a) monitor the effectiveness of our marketing campaigns; and (b) monitor aggregate metrics such as total number of visitors, and pages viewed, etc.

CHANGES AND UPDATES TO THIS PRIVACY POLICY

Your continued use of the website constitutes your agreement to this Privacy Policy and any future revisions.

MANAGING COOKIES

Within your browser you can choose whether you wish to accept cookies or not. Different browsers make different controls available to you and so we provide links below to popular manufacturers’ instructions on how you can do this. Generally, your browser will offer you the choice to accept, refuse or delete cookies at all times, or those from providers that website owners use (“third party cookies”), or those from specific websites.

Google Chrome
Internet Explorer
Firefox
Safari
Safari Mobile

PUREGYMSTUDENT.COM SERVICES

Before purchasing a Puregymstudent.com service or product, you must familiarise yourself with this policy and we urge you to raise any queries with us prior to proceeding with your registration(s) or purchase.

INFORMATION PUREGYMSTUDENT.COM HOLDS

GENERAL ACCOUNT INFORMATION

Puregymstudent.com ordinarily requires you to provide us with that information that is required for the proper maintenance and administration of your user account with us.

Administrative Information

Information necessary for ensuring the proper administration of your account. (including contact details such as email and telephone number, for ease of contacting you in relation to your account and services)

Data necessary for the specific Product/service obtained by you

Depending on the product or service you obtain, we may need additional information, or to use your data in another manner specific and necessary to that product or service. (See individual product/service sections below).

DO WE SHARE THE INFORMATION WE RECEIVE?

Yes, we do share information we receive as described in this Privacy Policy

WAYS WE USE YOUR INFORMATION

First and foremost, Puregymstudent.com uses your Data to process your payment and provide you with the services which you have purchased. Additionally, Puregymstudent.com may use Data to

Improve our Services, promotions and functionality
Develop and collect aggregate statistics (ensuring appropriate anonymization) regarding our systems and Services,
Communicate with you regarding your registration or related Services.

PARTNERS

We partner with other parties to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. When you sign up for such a service, you must familiarise yourself with the privacy policy of that provider, and should you have any queries, please contact the relevant service provider, or Puregymstudent.com, so that we may answer any queries you may have.

SERVICE PROVIDERS

We engage other companies and individuals to perform enhanced services on our behalf. In addition, certain of our enhanced services require that we contact Internet directories and various search engines on your behalf. Many of our service providers have access to personal information needed to perform their services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

EXCEPTIONS TO DISCLOSURE LIMITATIONS

Puregymstudent.com will not disclose your personal information except as pursuant to the terms of this Privacy Policy. There are however times where we may have to disclose information. Such instances are limited to disclosures:

Necessary to fulfil a transaction or provide information you have requested;
In your vital interests or in the vital interests of another person, including events of an emergency that pose a threat to your safety;
Required by law or necessary to respond to legal process;
As necessary to establish, assert, defend, or protect our rights or property; or
As necessary to meet the requirements of requests, lawfully made by public authorities, including requests to meet national security or law enforcement requirements.

GENERAL PRIVACY CONDITIONS – ALL USERS

NOTE REGARDING SENSITIVE PERSONAL INFORMATION

“Sensitive Personal Information” refers to personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying sex life of the individual.

We do not ordinarily or knowingly require or collect Sensitive Personal information, nor do we use or disclose such information with third parties without your explicit consent.

NOTE REGARDING CHILDREN (under 18 years of age)

Please note that we do not knowingly permit or solicit information from individuals under eighteen (18) years of age. In addition, we do not knowingly market our products or services to individuals under eighteen (18) years of age. You may use our services only with involvement and permission of a parent or guardian.

INFORMATION SECURITY

HOW SECURE IS INFORMATION ABOUT ME?

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input and the information we may send to our agents.

It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when finished using a shared computer.

We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorised access, maintain data security, and correctly use your information. To that extent, Puregymstudent.com employs security measures that are deemed commensurate to the quality of data held, with due regard to the state of the art and cost of the available security measures, and the risk to the privacy rights of you, as data subject. We do not, nor can we, guarantee security. Neither people nor security systems are fool proof, including encryption systems.

DATA BREACHES

Where a breach occurs, Puregymstudent.com shall, upon discovering such a breach, ensure that our obligations under applicable data privacy requirements, and with specific acknowledgement of Articles 33 and 34 of the GDPR, are complied with where applicable.

RETENTION OF DATA

Puregymstudent.com does not retain any Personal Information for longer than is necessary.

WHAT INFORMATION CAN I ACCESS?

To access, update or delete your personal information, Puregymstudent.com will provide you with access to certain information about you for the limited purpose of viewing and, in certain cases, updating that information. To view or change this information, log in to your account. When you update information, we usually keep a copy of the prior version for our records.

ACCESS TO PERSONAL DATA

Where applicable, you have the right to obtain from Puregymstudent.com a confirmation as to whether or not your personal data is being processed. In addition, where such processing is confirmed, and you request it, we shall arrange access to the personal data and the following information;

The categories of personal data concerned;
The recipients or categories of recipient to whom the personal data have been or will be disclosed;
Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
The existence of the right to request from the registrar, rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
The right to lodge a complaint with a supervisory authority;
Where the personal data was not collected from the you by Puregymstudent.com, any available information as to its source (e.g. referral program etc.); and
The existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

Where your personal data is transferred to a third country you also have the right to be informed of the appropriate safeguards, we have put in place pursuant to Article 46 of the GDPR relating to the transfer.

Copies of the Data: Puregymstudent.com, shall be happy to provide, where requested, a copy of that data, relating to you, which are being processed. Subject to the restrictions as noted in Article 23 of the GDPR.

RECTIFICATION

All personal information held by Puregymstudent.com is that information which you have provided to us. To view or change this information, you should log in to your account. When you update information, we usually keep a copy of the prior version for our records. If this is deemed insufficient, or you are experiencing any difficulties in making the required updates, please contact us.

DELETION/ERASURE

Where you as, the data subject, wish to erase personal data concerning you, Puregymstudent.com will fulfil this request should one of the following grounds apply:

The personal information is no longer necessary in relation to the purposes for which it was collected or otherwise processed, e.g. the provision of our Services;
Where processing is based solely upon your required consent, and you withdraw this consent on which the processing is based;
Where you object to the processing, and where there are no overriding legitimate grounds for the processing;
Where you can demonstrate that the Personal Information has been unlawfully processed;
Where you provide notice that the Personal Information must be erased for compliance with a legal obligation as contained in a stated Union or Member State law to which the controller is subject; or
Where we are unable to demonstrate proper reliance on an exception under 17 (3) of the GDPR.

RIGHT TO BE FORGOTTEN

Where Puregymstudent.com has publicly disclosed your data and where you have made a valid request to erase your personal data, we will, taking into account the available technology and the cost of implementation, take reasonable steps, including technical measures, to inform any controllers which are processing that personal data, of your request for erasure.

CHANGES AND UPDATES TO THIS PRIVACY POLICY

This Privacy Policy may be revised periodically, and this will be reflected by the date below. Please revisit this page to stay aware of any changes.

If you have any questions, concerns or complaints about our Privacy Policy and how it relates to our products and services, you may contact us by email at help@puregymstudent.com

Reasonable Adjustment Policy

Section 01: Policy Scope

PureGym Personal Training Academy is a reputable education provider offering professional development programmes and regulated qualifications in active leisure,

learning and wellbeing. PureGym Personal Training Academy is recognised as a centre for the delivery of vocational qualifications in accordance with a legally

established third party agreement with a number of regulated awarding organisations. The awarding organisations that we are affiliated

with are regulated in England by the Office of Qualifications and Examinations Regulation (Ofqual).

PureGym Personal Training Academy have established this policy to enable organisation staff to make a special consideration request associated with our

programmes regulated qualifications, on behalf of a learner.

Reasonable adjustment defined

A reasonable adjustment is any action that helps to reduce the effect of a disability or difficulty that places the learner at a substantial

disadvantage in a training or assessment situation or environment. Reasonable adjustments are made to an assessment for a qualification to enable a learner with a disability to demonstrate his or her knowledge, skills and understanding of the levels of attainment required by the assessment specification for that qualification.

The nominated Integrity Officer maintains oversight for this policy, manages the processes and all associated records and any escalations.

Integrity Officer name: Ryan Johnston

Integrity Officer email: ryan.johnston@puregymstudent.com

Section 2: Policy Statement

Reasonable adjustment commitment

PureGym Personal Training Academy ensure high levels of compliance with the Equality Act 2010 and Ofqual expectations. PureGym Personal Training Academy staff are fully aware of the

responsibilities and maintain up to date knowledge of relevant legislation. PureGym Personal Training Academy seek to uphold human rights relating to race relations, disability discrimination, the special educational needs of our learners and to provide equal reasonable adjustments for all learners registered onto the qualifications we offer. PureGym Personal Training Academy endeavour to ensure there are no unnecessary barriers to assessment,

ensuring requirements and methods deployed are sufficiently flexible to enable the widest range of learners to fairly and reliably

demonstrate competence.

Assessment should be a fair test of a learner’s knowledge and what they are able to do, however, for some learners the usual format of

assessment may not be suitable. We ensure that barriers to access to qualifications and assessments are mitigated or justified.

PureGym Personal Training Academy recognise that reasonable adjustments may be required at the time of assessment where learners have a permanent

disability or specific learning needs (requiring reasonable adjustment).

The provision for reasonable adjustments arrangements is made to ensure that learners receive recognition of their achievement so

long as the equity, validity and reliability of the assessments can be assured. Such arrangements are not concessions to make

assessment easier for learners, nor should they give learners with certain characteristics an advantage.

Reasonable adjustment integrity

Reasonable adjustments must not affect the integrity of what needs to be assessed, but may involve:

 changing usual or standard assessment arrangements by, for example, allowing a learner extra time to complete the assessment

activity

 adapting assessment materials, such as providing materials in Braille

 providing assistance during assessment, such as a sign language interpreter or a reader

 re-organising the assessment room, such as removing visual stimuli for an autistic learner

 changing the assessment method, for example, from a practical assessment to a spoken assessment

 using assistive technology, such as screen-reading or voice activated software

 providing the mechanism to have different colour backgrounds to screens for onscreen assessment materials or asking for

permission for copying to different coloured paper for paper-based assessment materials

 providing and allowing different coloured transparencies with which to view assessment materials.

Reasonable adjustments will only be eligible under certain characteristics where this has been approved in the specification to each

qualification. This policy supplements the information within each specification to ensure that the qualification integrity is upheld at all

times. Equality experts or specialist reviews are consulted during the development of each qualification to ensure that we mitigate

barriers to access wherever practicable.

Reasonable adjustments are approved or set in place before the assessment activity takes place; they constitute an arrangement to

give the learner access to the training and assessment programme. The use of a reasonable adjustment will not be taken into

consideration during the assessment of a learner’s work. Organisations are required by law to do what is ‘reasonable’ in terms of giving

access. What is reasonable will depend on the individual’s circumstances, cost implications and the practicality and effectiveness of the

adjustment. Other factors, such as the need to maintain competence standards and health and safety, will also be taken into

consideration.

Learner recruitment

PureGym Personal Training Academy act with integrity when recruiting learners onto qualifications, ensuring learners have the correct information and advice on

qualifications and that the qualification will meet their needs. The recruitment process includes the assessment of each potential

learner and making justifiable and professional judgments about

the learner’s potential to successfully complete the assessment and

achieve the qualification, checking the learning outcomes and assessment criteria of mandatory units as well as selecting the most

appropriate route of optional units, where applicable. Where the recruitment process identifies that the learner may not be able to

demonstrate attainment and thus gain achievement in all parts of assessment for the selected product, this will be communicated

clearly to the learner. A learner may still decide to proceed with the study of a particular product and not be entered for all or part of

the assessment. PureGym Personal Training Academy will ensure that learners are aware of:

• the range of options available, including any reasonable adjustments that may be necessary, to enable the demonstration of

attainment across all required assessment

• any restrictions on progression routes to the learner as a result of not achieving certain outcomes

 where an assessment requires the learner to demonstrate practical competence or where criteria must be met fully, or in the case

of qualifications that confer a License to Practice, it may not be possible to apply special consideration

 in some circumstances, for example for on-demand assessments, it may be more appropriate to offer the learner an opportunity to

retake the assessment at a later date.

Section 3: Procedures

Reasonable adjustment requests

Learners are required to request reasonable adjustments when completing their enrolment form. The PureGym Personal Training Academy integrity officer will liaise with the learner to make clarifications and to request any evidence to support the request.

This may include medical records, medical certificates diagnostic test results, testimony from the invigilator/tutor/assessor or any other professional person who is familiar with the learner) in support of the request.

If a learner requires a reasonable adjustment PureGym Personal Training Academy will make the request on the learner’s behalf via the via the relevant awarding organisation process.

During the processing of an application, the awarding organisation will only liaise with PureGym Personal Training Academy, making the claim on the learner’s behalf and not directly with the learner or their designated third party.

Responses

PureGym Personal Training Academy ensure arrangements are in place prior to the learner’s assessment commencing. The work produced following the application of a reasonable adjustment will be assessed in the same way as the work from other learners and be available for external quality assurance, where required. It is crucial that the reasonable adjustment does not affect the validity or reliability of assessment, influence the outcome of assessment or give the learner(s) in question an unfair assessment advantage in extenuating circumstances, to be able to complete the assessment and

thus achieve the product. Requests for reasonable adjustment will only be made by PureGym Personal Training Academy and on a case-by-case basis. In cases where the request for reasonable adjustment is rejected, a clear reason will be provided to the learner and where appropriate additional advice or recommendations will be provided. Records of the decisions made

are recorded and the data is analysed to monitor the impact of the requests.

Concerns

In the event that learner is not satisfied with the adjustments provided, the should be reported to PureGym Personal Training Academy to take corrective action. Alternatively, the learner can make a complaint, or an appeal direct to Transcend in accordance with established procedure.

Section 4: Policy and procedure review

Systematic review

PureGym Personal Training Academy have in place a standardised and systematic monitoring process to ensure the continued relevance and accuracy of this

policy. Any data collected with relates to the implementation of this policy will be used to inform any changes to the policy, approaches

to the management of the organisation and to the delivery of products and services where this is required.

This policy was approved by the Board on 10 March 2021 and will be reviewed by the Board on March 2022 unless there is a change in legislation changes or supporting data identifies that a review is required before this date.

Section 5: Policy document version control

This document is subject to version control. All changes will be tracked here and confirmed as an updated version.

Special Consideration Policy

Section 1: Special Consideration Policy Scope

PureGym Personal Training Academy is a reputable education provider offering professional development programmes and regulated qualifications in active leisure,

learning and wellbeing. PureGym Personal Training Academy is recognised as a centre for the delivery of vocational qualifications in accordance with a legally

established third party agreement with a number of regulated awarding organisations. The awarding organisations that we are affiliated

with are regulated in England by the Office of Qualifications and Examinations Regulation (Ofqual)

Special consideration defined

Special consideration is the implementation of arrangements at the time of an assessment to allow competence to be demonstrated by learners who have been disadvantaged or were unable to attend the assessment due to emotional or physical difficulties, or adverse circumstances.

The nominated Integrity Officer maintains oversight for this policy, manages the processes and all associated records and any escalations associated with special consideration

Integrity Officer name: Ryan Johnston

Integrity Officer email: ryan.johnston@puregymstudent.com

Section 2: Special Consideration Commitment Statement

Service commitment

PureGym Personal Training Academy ensure high levels of compliance with the Equality Act 2010 and Ofqual expectations. PureGym Personal Training Academy staff are fully aware of the

responsibilities and maintain up to date knowledge of process, evidence review, and common issues associated with special consideration requests. This policy covers the application of special considerations intended to consider and reduce substantial disadvantage caused due to a temporary difficulty experienced by the learner during internal assessment.

Assessment should be a fair test of a learner’s knowledge and what they are able to do, however, for some learners, temporary circumstances may make this difficult. We recognise that special considerations may be required at the time of assessment where:

learners have a temporary disability, condition, adverse circumstance or are indisposed at the time of the assessment.

The provision for special consideration arrangements is made to ensure that learners receive recognition of their achievement so long as the equity, validity and reliability of the assessments can be assured. Such arrangements are not concessions to make assessment easier for

learners, nor should they give learners with certain characteristics an advantage.

Section 3: Special Consideration procedures

Learner eligibility for special consideration

Special consideration can be applied after an assessment if there is evidence to conclude the learner may have been disadvantaged during the assessment. For example, special consideration could apply to a learner who had temporarily experienced an illness, injury or some other event outside of their control and which has had, or is likely to have had, a material effect on that learner’s ability to take an assessment or demonstrate his or her expected level of attainment in an assessment.

Special consideration should not give the learner an unfair advantage, neither should it cause the user of the certificate to be misled regarding a learner’s achievements. The learner’s result must reflect his / her achievement in the assessment and not necessarily his / her potential ability. Special consideration, if successful, may result in a post-assessment adjustment to the mark or grade of the learner. The size of the adjustment will depend on the circumstances and reflect the difficulty faced by the learner. It is noted that:

 where an assessment requires the learner to demonstrate practical competence or where criteria must be met

fully, or in the case of qualifications that confer a License to Practice, it may not be possible to apply special

consideration. in some circumstances, on-demand assessments for example, it may be more appropriate to offer the learner

an opportunity to retake the assessment at a later date.

Learner requests for special consideration to the centre

PureGym Personal Training Academy ensure arrangements are in place to enable a learner, in extenuating circumstances, to be able to complete the assessment and thus achieve the qualification. Where learners are disadvantaged or indisposed an application for special consideration should be made. Applications for special consideration will managed on a case-by-case basis.

The learner must request all special consideration by contacting the centre’s appointed integrity officer as soon as the potential issue is known, providing evidence where necessary to support the request (medical

evidence/certification, testimony from the invigilator/tutor/assessor or any other professional person who is familiar with the learner).

The integrity officer will then fully review the information provided to evaluate the need for the special consideration. Records of all decisions made are recorded and the data is analysed to monitor the impact of the requests.

Learner requests for special consideration from the centre to the awarding organisation

Where it has been identified that a learner requires a special consideration PureGym Personal Training Academy will make the request on the learner’s behalf via the via the relevant awarding organisation procedure.

Certification claims will not be made for affected learner(s) before the outcome of the application is received by the [PureGym Personal Training Academy] and special consideration cannot be considered once learner achievement has been claimed and certificated. Any requests for guidance should be directed to

the relevant awarding organisation as soon as the potential issue is known; this will allow for appropriate guidance to be given at the earliest stage.

In cases where the request for special consideration is rejected, the Coordinator will provide a clear reason to the learner and where appropriate additional advice or recommendations will be provided. Records of the decisions made are recorded and the data is analysed to monitor the impact of the requests.

Learner complaints or appeals
In the event that learner is not satisfied with the adjustments provided, the should be reported to PureGym Personal Training Academy to take corrective action. Alternatively, the learner can make a complaint, or an appeal direct to Transcend in accordance with established procedure.

Section 4: Policy and procedure review

Systematic review

PureGym Personal Training Academy have in place a standardised and systematic monitoring process to ensure the continued relevance and accuracy of this

policy. Any data collected with relates to the implementation of this policy will be used to inform any changes to the policy, approaches

to the management of the organisation and to the delivery of products and services where this is required.

Section 5: Policy document version control

This document is subject to version control. All changes will be tracked here and confirmed as an updated version.

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