These general terms and conditions (hereinafter, the “T&Cs”) govern the intermediation services between Gym Lovers and Personal Trainers, as defined below, provided by YP Trainer S.r.l. (Tax Code and VAT No. 16171391002), with registered office at Via Salento no. 63, 00162 – Rome (RM), Italy (hereinafter, the “Company” or “YP Trainer”), through the mobile application “YP Trainer”.
Terms capitalized herein shall have the meaning assigned to them from time to time. Terms defined in the singular shall also include the plural and vice versa.
For the purposes of proper interpretation of these T&Cs, the following definitions shall apply, in addition to those defined elsewhere herein:
Account: the Client’s personal page within the App, accessible by entering personal credentials, username and password;
Affiliate: any legal entity with which the Company enters into a commercial affiliation or franchising agreement;
App: the “YP Trainer” mobile application, downloadable from available app stores (including, by way of example and not limitation, the Apple Store and Google PlayAndroid Store) for installation and use on mobile devices such as smartphones and tablets;
Equipment: the equipment made available by the Company within the Rooms for training activities, as indicated in the profile of the selected Facility available on the App;
Facility: by way of example and not limitation, the gym, structure and/or sports center affiliated with or owned by the Company;
Client: jointly, the Gym Lover and the Professional;
Coin: the virtual credit used exclusively within the App. Coins may be purchased by Clients using real currency and may be used solely to purchase the Services offered through the App. The Coins are valid for a period of 12 (twelve) months starting from the date of purchase.
Content: by way of example and not limitation, images, reviews, videos and/or textual content published through the App by Clients;
Gym Lover: the user who registers through the App in order to request the services offered by the Professional or by the Company;
Professional: the user who registers through the App in order to offer professional services to Gym Lovers, including, by way of example and not limitation, personal trainers, athletic trainers and instructors of sports disciplines;
Services: the set of services offered by the Professional through the App;
Room: a space of variable size intended for fitness and recreational activities, including Equipment and, where applicable, a Changing Room;
Slot: the minimum time unit, equal to 30 (thirty) minutes, during which the Client may use the Room;
Changing Room: an area within the Facility designated for Clients to change clothes and store personal belongings in lockers;
Wallet: a secure digital system integrated into the App that allows Clients to manage, store and use Coins for the purchase of Services, enabling fast and secure transactions and monitoring of the available balance.
Through the App, the Professional may offer the following Services:
personalized training programs;
individual or group training sessions;
athletic conditioning;
sports rehabilitation services.
In order to use the App and create a “Professional” Account, the Professional must register and provide by mandatorily providing the following mandatory data:
personal details (first name, last name and date of birth);
email address;
password.
In order to offer Services through the App, the Professional shall provide the following information:
mobile and/or landline phone number;
tax code;
billing details;
address of the area of interest in which training activities are carried out;
sports disciplines.
The Professional may upload to their Account:
a personal presentation;
training methods;
educational background;
curriculum vitae;
objectives that Gym Lovers may achieve through the Professional’s services.
Room booking is permitted exclusively through the App to registered Professionals during the time slots reserved to them via Slots.
Professionals may book Slots exclusively using Coins, in accordance with the fees indicated in the relevant “Booking” section of the App.
Slots may be booked through the App via the section “Home” → “Fitness Studios” → “Book”.
Access to the Rooms may occur via automated processes available through the App or, where such systems are not available, via reception. This information is specified in the technical profile of each Room within the App.
The Room, and where applicable the Changing Room, may be used exclusively for the duration of the booked Slots and not beyond their expiration.
The Professional may cancel a Room booking by accessing the “Calendar” section of the App and clicking the “Delete” button, with at least 22 hours’ prior notice before the beginning of the reserved Slot.
If the Professional fails to cancel the Room booking within the term set forth in Article 3.2.6, the full cost of the booking shall be charged to the Professional.
If the Professional remains in the Room beyond the booked Slot, the amount corresponding to the actual Slots used shall be charged, in addition to the penalty set forth in Article 6 below.
The Professional shall comply with the maximum occupancy limits specified in the relevant technical sheet available through the App.
The Room may not be used for competitive sports activities, competitions, races or similar events.
Some Rooms may be equipped with equipment specifically intended for holistic wellness activities (including, by way of example and not limitation, treatment beds, desks, ergonomic stools and sinks). Such equipment must be used exclusively for purposes related to holistic activities, in full compliance with these T&Cs and applicable laws.
Professionals may delete their Account at any time by selecting “Delete profile” and entering their login email address and password, followed by selecting “Delete account”.
Within 30 business days following the cancellation request, the Professional shall receive an email confirming the deletion of the Account.
For the performance of the Services, the Professional declares:
to be at least 18 years of age;
to have full legal capacity;
to have provided accurate and up-to-date information.
Upon each access to the Rooms, the Professional shall inventory the Equipment, verify its condition and suitability for the intended use, and leave it in the condition in which it was found.
Any discrepancies between the Equipment and its description on the App must be reported by the Professional via email to info@yptrainer.com.
The use of the Equipment and all exercises performed by Gym Lovers shall be under the sole responsibility of the Professional.
Each Professional shall verify the health condition of each Gym Lover and ensure that exercises are appropriate, correctly performed and safe, taking into account the individual’s preparation level, age and physical condition.
The Professional shall assume full responsibility for any damage caused to persons or property in the performance of these T&Cs vis-à-vis the Company, its affiliates, Gym Lovers and/or third parties.
Where the Professional books a Room for holistic activities pursuant to Article 3.2.11, the Professional expressly undertakes to:
use spaces and equipment solely for activities compatible with the intended use of the Room;
refrain from carrying out activities requiring equipment not provided or specific health, administrative or professional authorizations not held;
ensure that activities do not pose risks to participants and comply with applicable health and safety regulations.
By registering on the App, the Professional undertakes not to disclose Account information to third parties.
The Professional undertakes to comply with these T&Cs with due diligence.
The Professional shall use the App exclusively for lawful purposes and in compliance with applicable national and international laws.
The Professional represents and warrants that they shall not:
publish material subject to third-party proprietary rights without proper authorization;
publish Content that is harmful, involving minors, violent, obscene, racist, defamatory or otherwise contrary to public morality or public order;
publish Content that violates these T&Cs or Company standards;
publish links to third-party websites.
The Company disclaims any liability for Content published by the Professional through the App. The Company does not carry out prior monitoring of such Content but reserves the right to remove, at any time, without prior notice and at its sole discretion, Content, expressions, feedback or opinions that appear to violate these T&Cs or the rights of the Company, Users or third parties.
YP Trainer and its Affiliates disclaim any liability in relation to the activities carried out by the Professional, who declares to possess the qualifications required by applicable laws and a valid professional insurance policy.
As an intermediation service, no Professional may consider the existence of an employment or agency relationship between themselves and YP Trainer.
The Company undertakes to make available to the Professional a Room with adequate Equipment for sports consultancy, physical and recreational activities, declaring that it holds ownership or usage rights thereto.
The Company reserves the right to request the modification and/or integration of data provided by the Professional if such data are inaccurate, outdated or non-compliant with Company standards.
The Company may request documentation proving the Professional’s qualifications. Failure to provide such documentation or inconsistencies may result in suspension of the Account, which shall be reactivated within 10 days following approval of the documentation.
YP Trainer declares compliance with Regulation (EU) 2016/679 and Legislative Decree No. 196/2003.
The Professional authorizes the processing of personal data exclusively for purposes related to these T&Cs and their execution.
For further information, please consult the Privacy section.
YP Trainer may terminate these T&Cs with immediate effect pursuant to Article 1456 of the Italian Civil Code if the Professional:
receives 4 complaints from Clients;
publishes false or inappropriate Content;
uses the App for spam or phishing;
damages the reputation of YP Trainer or its users;
unlawfully uses YP Trainer trademarks;
carries out fraudulent activities;
behaves seriously improperly towards Gym Lovers;
uses Rooms for illegal activities;
repeatedly violates safety rules;
damages Equipment or Facilities;
violates hygiene and sanitation rules.
Following termination, YP Trainer may immediately delete the Professional’s Account.
In order to use the App and create a “Gym Lover” Account, the Gym Lover must register by mandatorily providing the following data:
personal details (first name, last name, date of birth);
email address;
password.
Subsequently, in order to use the Services, the Gym Lover shall provide the following information:
mobile and/or landline phone number;
tax code;
billing details;
address of the area of interest;
sports disciplines (optional);
objectives to be achieved (optional).
Room booking is permitted exclusively through the App to Gym Lovers only during the time Slots reserved to them.
Gym Lovers may book Slots exclusively using Coins, in accordance with the fees indicated in the relevant section of the App. Courses and private lessons may be booked either using Coins or through subscriptions purchased in the store.
Slots may be booked through the App via the section “Home” → “Fitness Studios” → “Book”.
Access to the Rooms shall take place through automated processes available via the App.
Access to the Room is permitted exclusively to the Gym Lover who made the booking and, where applicable, to the Professional selected through the App.
The Room, and where applicable the Changing Room, may be reserved only for the booked Slots and may not be used beyond their expiration.
The Gym Lover may cancel the Room booking by accessing the “Calendar” section of the App and clicking the “Delete” button, with at least 22 hours’ prior notice before the beginning of the reserved Slot.
If the Gym Lover fails to cancel the Room booking within the term set forth in Article 4.2.7, the full cost of the booking shall be charged to the Gym Lover.
If the Gym Lover remains in the Room beyond the booked Slot, the amount corresponding to the Slot(s) actually used shall be charged, in addition to the penalty set forth in Article 6 below.
The Room may not be used for competitive sports activities, competitions, races or similar events.
The Gym Lover may contact the Professional through the App by accessing the “Contact” section. Through this procedure, the Gym Lover sends a message to the Professional via the App’s messaging service.
The Gym Lover shall directly agree with the Professional on the methods for using the Services and on the payment method deemed most appropriate.
Gym Lovers may delete their Account at any time by selecting “Delete profile” and entering their login email address and password, followed by selecting “Delete account”.
Within 30 business days following the cancellation request, the Gym Lover shall receive an email confirming the deletion of the Account.
For the performance of the Services, the Gym Lover declares to meet the following requirements:
to be at least 16 years of age;
to have full legal capacity;
to be in good health and not to have any current contraindications to non-competitive sports activities;
to be in possession of a valid medical certificate attesting fitness for non-competitive sports activities;
to have provided accurate and up-to-date personal data.
Upon each access to the Rooms, the Gym Lover shall inventory the Equipment, verify its condition and consider it suitable for the intended use, undertaking to leave it in the condition in which it was found.
Any discrepancies between the Equipment and its description on the App must be reported by the Gym Lover via email to info@yptrainer.com.
By registering, the Gym Lover undertakes not to disclose Account information to third parties.
The Gym Lover undertakes to comply with these T&Cs with due diligence.
The Gym Lover shall use the App exclusively for lawful purposes and in compliance with applicable national and international laws.
The Company disclaims any liability for Content published by the Gym Lover through the App. The Company does not carry out prior monitoring of such Content but reserves the right to remove, at any time, without prior notice and at its sole discretion, Content, expressions, feedback or opinions that appear to violate applicable laws, these T&Cs and/or the rights of the Company, Users and/or third parties.
Each Gym Lover shall be responsible for any unauthorized access during the booked Slots, except in the case of unlawful or forced access, which must be promptly reported to the Company by sending an email to info@yptrainer.com.
The Gym Lover shall assume full responsibility for any damage caused to persons or property in the performance of these T&Cs vis-à-vis the Company, its Affiliates, Personal Trainers and/or third parties.
The Gym Lover declares to indemnify and hold harmless the Company and its Affiliates from any material and/or non-material damage arising from undeclared health issues or from failure to undergo regular medical examinations required for non-competitive sports activities.
Gym Lovers undertake to indemnify and hold harmless the Company, its governing bodies and its Affiliates from any claim, demand, objection, compensation request or similar action arising directly or indirectly from the relationship with the Professional and from the performance of the Services.
YP Trainer may terminate these T&Cs with immediate effect pursuant to Article 1456 of the Italian Civil Code by sending an email notice, if the Gym Lover:
receives 4 complaints from Clients;
has not uploaded the required medical certificate to their Account;
publishes false or inappropriate Content;
uses the App for spam or phishing purposes;
carries out fraudulent or deceptive activities connected to the use of the Services;
behaves in a seriously improper manner towards other Clients and/or YP Trainer staff;
uses the Room for illegal activities or activities contrary to public order or decency;
repeatedly violates safety regulations and internal rules of YP Trainer;
intentionally or through gross negligence damages the Equipment or Facilities;
fails to comply with hygiene and sanitation rules imposed by YP Trainer.
Following termination of these T&Cs, YP Trainer may immediately delete the Gym Lover’s Account.
The Gym Lover has the right to withdraw from all YP Trainer subscriptions within 14 days from the date of purchase, without stating any reason and without incurring any additional costs, pursuant to the Italian Consumer Code (Legislative Decree No. 206/2005).
The refund shall be issued by the Company provided that the Gym Lover has not carried out any transaction through the Wallet within the aforementioned 14-day period.
In order to exercise the right of withdrawal within the 14-day period, the Gym Lover must send notice of withdrawal to the following email address: info@yptrainer.com.
Access to the Room is permitted exclusively to Clients wearing gym shoes not used outdoors and appropriate sportswear.
For hygiene reasons, Clients are required to use a personal towel to cover all Equipment during training.
It is strictly prohibited to use sports Equipment for purposes other than those for which it is intended.
Clients are required to tidy up and sanitize the Equipment used before leaving the Room.
Rooms may be used by only one Professional at a time, who shall allow access to a maximum number of persons as indicated in the relevant technical sheet published on the App.
YP Trainer disclaims any liability for personal belongings lost, damaged or left unattended inside the Room by Clients.
Failure to comply with these T&Cs governing the use of the App constitutes a serious breach and may result, depending on the circumstances, in the adoption by YP Trainer of one or more of the following measures (hereinafter, the “Penalties”):
issuance of a warning to the Client;
suspension of services accessible through the Account;
removal of the Account;
application of a monetary penalty.
In the event of reports submitted by Clients against another Client for violations of these T&Cs, the Company reserves the right to verify the accuracy of the reported facts.
If the Client remains in the Room beyond the booked Slot time, the Company reserves the right to apply a penalty equal to the payment of 1 Coin and/or EUR 1.00 for each additional minute of delay beyond the booked Slot.
The Company may apply the following penalties upon the occurrence of certain circumstances:
15 Coins, or in the absence of sufficient Coins in the Wallet, EUR 15.00, upon receipt of the second report;
30 Coins, or in the absence of sufficient Coins in the Wallet, EUR 30.00, upon receipt of the third report.
If the Client receives four (4) or more reports, the Company reserves the right to apply the penalty set forth in Article 6.4(b) and to suspend and/or delete the Account.
The Client undertakes to comply with these T&Cs with due diligence.
The Client shall access and use the App exclusively for lawful purposes and in compliance with applicable national and international laws.
The Client shall not disseminate unlawful, defamatory or harmful Content through the App, nor damage the image or reputation of the Company, nor cause any other direct or indirect damage to YP Trainer, nor prevent other users from using the App.
With regard to the Services offered by the Professionals, it is specified that the Professional–Gym Lover relationship qualifies as an independent relationship and is therefore governed by the rights and obligations deriving therefrom, in compliance with applicable laws and/or professional codes of conduct.
The Client declares to indemnify and hold harmless YP Trainer from any direct and/or indirect damage arising from:
the Professional–Gym Lover relationship;
the use of services available through the App;
any relationship established, directly or indirectly through the App, by the Client with natural and/or legal persons.
The Client shall inform the Company of any abuse and/or violation of these T&Cs by sending a specific report to the following email address: info@yptrainer.com. The Company shall verify the reliability of the report and take appropriate action.
The Company undertakes to ensure that the App contains accurate and up-to-date information. However, YP Trainer shall not be held liable for Content published on the App, except in cases of willful misconduct or gross negligence and in other cases expressly provided by law.
The Company shall not be liable for:
the accuracy, correctness and truthfulness of information provided by Clients;
the use of the App and Content published by Clients;
any malfunctions beyond the control of YP Trainer, including,, without limitation by way of example and not limitation, network connection issues, service provider problems, unauthorized access, data alteration, or malfunction of users’ electronic devices.
The Client agrees not to store, reproduce, distribute, modify, display, publish, license, create derivative works from, sell or otherwise use (unless expressly authorized under these T&Cs) any content or information relating to the YP Trainer service.
The Client further agrees not to:
(i) circumvent, remove, alter, deactivate, degrade or block protections within the App;
(ii) use robots, spiders, scrapers or other automated tools to access the Services;
(iii) decompile, reverse engineer or disassemble any software or other product or process accessible through the Services;
(iv) insert any code or product or manipulate the Service content in any manner;
(v) use any data mining, data collection or extraction methods.
The Client agrees not to upload, post, email or otherwise transmit any material designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment associated with the Services, including viruses or any other computer code, files or programs.
The Company reserves the right to limit or suspend the provision of the service to the Client in the event of violation of these T&Cs or unlawful or fraudulent use of the service.
YP Trainer reserves the right to suspend the service provided through the App in the event of exceptional circumstances (including, by way of example and not limitation, server malfunctions, pandemics, floods and any other exceptional event not attributable to the Company). In such cases, the Client shall be entitled to an extension equal to the interruption period for the use of Coins and any purchased services. No refund shall be due for interrupted services.
The Company reserves the right to amend and/or update, at any time, in whole or in part, these T&Cs of the App, by providing prior notice to the Client before the new general terms and conditions of use of the App enter into force.
If the Client decides not to accept the amendments and/or updates made to these T&Cs, the Client may cancel their registration from the App at any time.
Any amendment and/or update to the T&Cs shall become binding upon communication to the Client and publication on the App.
These T&Cs replace and supersede, for all legal purposes, any previous terms and conditions of use of the App accepted by the Clients.
Coins may be used exclusively for the purchase of Sservices offered by YP Trainer through within the App. They have no value outside the App and may not be exchanged, sold, transferred or refunded in real currency.
Clients may purchase Coins through their Wallet using payment methods accepted by the provider “Stripe”, including, by way of example and not limitation, credit and/or debit cards. At the time of payment, the Client shall complete the transaction directly through the App and shall be subject to the procedures and general terms of service of the payment provider.
Coins may be purchased in packages of various sizes, with any discounts or promotions applied, where provided by the Company.
Purchased Coins are valid for 12 (twelve) months from the date of purchase. After this period has elapsed, unless a request for an extension is submitted at least 1 month before the expiration date, the Coins may no longer be used, will be deemed automatically expired, and will not be refundable.
In the event of closure of the Client’s Account for any reason, the Coins remaining in the Wallet shall be cancelled without any right to refund. The Company reserves the right to block the use of Coins in the event of suspected fraudulent activity or violation of these T&Cs.
Each Client has a Wallet within the App in which purchased Coins are credited. The Wallet balance may be viewed at any time through the Client’s Account.
Clients may top up their Wallet at any time by purchasing Coins. Coin top-ups are processed immediately and in any case within no more than 48 hours, subject to technical issues or delays in payment systems.
The Company undertakes to ensure the security of the Wallet through appropriate technical and organizational measures. However, Clients are responsible for keeping their access credentials confidential and for promptly reporting any suspicious activity.
The Company shall not be liable for any loss of Coins resulting from fraud or unauthorized use of the Wallet by Clients.
For any issue or malfunction relating to Coins or the Wallet, Clients may contact the Company’s customer service by sending an email to info@yptrainer.com.
These T&Cs of the App are governed by Italian law.
Any dispute, controversy or claim arising out of or relating to these T&Cs of the App, or their breach, termination or validity, shall fall under the exclusive jurisdiction of the Court of Rome.
If the Client qualifies as a consumer, the provisions of the Italian Consumer Code shall apply.
Pursuant to Article 14 of Regulation (EU) No. 524/2013, a consumer Client may also submit a complaint through the European Union ODR platform, accessible at:
http://ec.europa.eu/consumers/odr/
All content of the App published by the Company is protected by intellectual and industrial property rights. Any reproduction, in whole or in part, in any form, of the App and its contents is prohibited without the prior written consent of the Company.
Any unauthorized use of the content referred to in Article 11.1 constitutes an infringement of the Company’s intellectual and industrial property rights.
All distinctive signs of the Company (including, by way of example and not limitation, logos, trademarks and any other sign including any term related to YP Trainer) may not be used by Clients.
The Client undertakes not to remove, alter or obscure any copyright notice, trademark or other distinctive sign of the Company included in the App content.
During the search for a Professional, the Client may use the Company’s App under a non-exclusive and temporary license, granted solely for the time strictly necessary to complete the relevant operation.
The Client acknowledges and accepts that video surveillance systems may be installed and operational within the Rooms. Such systems are installed exclusively for the purpose of:
ensuring the safety of Clients;
preventing unlawful acts;
protecting the Rooms and Equipment from theft, vandalism or damage of any kind caused by third parties;
monitoring activities carried out within the Rooms to ensure legal protection in the event of accidents or damage to Clients or Equipment.
In the event that discrepancies and/or incidents are reported, the Company reserves the right to use video surveillance systems to identify circumstances and responsibilities in the event of injuries occurring within the Room and during the use of Equipment.
Recordings made within the Rooms through video surveillance systems shall be processed in compliance with applicable data protection laws.
YP Trainer shall not be liable for damages, injuries or losses arising from incidents not prevented by video surveillance.
For further information, the Client may consult the relevant privacy section or send a request to info@yptrainer.com.
Pursuant to Article 1341 of the Italian Civil Code, the Professional expressly approves the following clauses:
Art. 3.47 – Declarations and obligations of the ProfessionalLiability of the Professional and of YP Trainer;
Art. 3.8 – Express termination clause;
Art. 7 – Indemnity and liability of the Client and of YP Trainer;
Art. 10 – Governing law and jurisdiction.
Pursuant to Article 1341 of the Italian Civil Code, the Gym Lover expressly approves the following clauses:
Art. 4.6 – Liability of the Gym Lover and of YP Trainer;
Art. 4.7 – Express termination clause;
Art. 4.8 – Right of withdrawal;
Art. 7 – Indemnity and liability of the Client and of YP Trainer;
Art. 10 – Governing law and jurisdiction.