TERMS & CONDITIONS
Welcome to the opusfitness.co.uk website (the “Website”). OPUS Fitness Limited of Olympic House, 317-321 Latimer Road, London, W10 6RA (“OPUS”, “we”, “us” or “our”) provides the products and services described in and available on the Website. Your use of the Website is governed by the Terms and Conditions set out below. By using any part of the Website, completing your application to register with us and/or purchasing anything from us on the Website, you agree to be bound by these Terms and Conditions which form a contract between you and us.
In addition to these Terms and Conditions, please read the following documents, which also govern your use of the Website:
and (together the “Policies”).
1. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual who receives or uses services from us consisting of one or more Fitness Classes for the individual’s personal use ;
means any individual or group session at which we provide or lead any physical exercise, including any teaching, instruction, or training and all facilities, services, equipment, and other goods and materials which we provide/use in connection with any such Fitness Class;
means the premises at which we hold Fitness Classes, either at Olympic House, 317-321 Latimer Road, London, W10 6RA or Unit 54-55, Pall Mall Deposit, 124-128 Barlby Road, London, W10 6BL. In Clause 3.18 it means “business premises” as defined in the Regulations;
means our standard price list for all Fitness Classes which we offer. The list of Fitness Classes and their prices is available on the Website or at Our Premises;
means the digital or paper version of our registration form that we provide to you either on the Website or at Our Premises which you use to apply to register with us;
means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
2.1 In order to attend any Fitness Class you first have to register with us. You can apply to register with us by completing the Registration Form.
2.2 The details that you provide and confirm in the Registration Form must be complete and correct. You must confirm that you are 18 or over, that you are a “Consumer” and that you agree to these Terms and Conditions, including but not limited to the fitness, health and safety matters and the rules set out in Clauses 6 and 7 of these Terms and Conditions.
2.3 If you fulfil these criteria and we accept your application to register, we will confirm that to you by email.
2.4 You may book and attend a Fitness Class only once we have accepted your application to register. Our decision whether or not to accept your application to register is in our absolute discretion.
3. CLASS CREDITS AND MEMBERSHIP PACKAGES
3.1 To book a Fitness Class, you must have purchased an eligible Class Credit or Membership Package from us.
3.2 One Class Credit entitles you to attend one Fitness Class. You can purchase Class Credits in person at Our Premises, by phone or through the Website. Class Credits can be purchased in bundles at discounted rates. Not all Class Credits can be used to book all Fitness Classes. Prices for Class Credits for use in booking our various categories of Fitness Classes are available on the Website here.
3.3 Class Credits must be used within a certain period. Any Class Credits not used within the relevant period will expire and will not be available for use. Details of expiry periods for different Class Credits and bundles of Class Credits are set out on our Website here. No refunds will be given for any expired Class Credits.
3.4 Class Credits are not transferable to any other person and you should not allow anyone else to book Fitness Classes using your Class Credits.
3.5 Subject to the Regulations, payments for Class Credits are non-refundable unless otherwise stated in these Terms & Conditions.
3.6 Membership Packages can be purchased in person at Our Premises, by phone or through the Website. Membership Packages permit you to attend either a maximum number of Fitness Classes or an unlimited number of Fitness Classes (subject to your bookings being accepted under paragraph 4 below) in the category associated with your Membership Package during the period of your Membership Package. All Membership Packages must be paid for monthly in advance. A list of our current prices of Membership Packages for the various categories of Fitness Classes are set out here.
3.7 On initial purchase of a Membership Package, you agree to maintain and pay for your Membership Package for a minimum of 3 months. Thereafter, you are free to allow your Membership Package to expire.
3.8 You may suspend a Membership Package once every 12 months for up to a maximum of 4 weeks. This will have the effect of extending your Membership Package for the period of the suspension but you will not be permitted to attend any Fitness Class during the period of suspension. In order to suspend your Fitness Package, you must give us seven (7) days’ notice by email to firstname.lastname@example.org.
3.9 Payments for Membership Packages are non-refundable. If any monthly payment is not received, the Membership Package will terminate automatically when the previous month has expired.
3.10 If you plan not to renew any Membership Package, we would ask that you give us as much notice as possible.
3.7 We may change our Class Credit and Membership Package prices, bundles and expiry dates at any time in our absolute discretion. If you have unused Class Credits in your account or an unexpired Membership Package when we make any such changes, the terms that applied when you purchased the Class Credits or Membership Package will continue to apply until the Class Credits or Membership Package have been used or expire.
3.8 If we terminate our contract with you for whatever reason, we are not obliged to refund you for any unused Class Credits or unexpired portion of any Membership Package.
4. BOOKING AND CANCELLATION OF FITNESS CLASSES
4.1 You may check availability and book a Fitness Class in person at Our Premises, by phone or through our on-line booking system (which is managed by MINDBODY) via the Website.
4.2 Places in any Fitness Class are allocated on a first-come-first-served basis and are subject to availability. We cannot guarantee places will be available in any particular Fitness Class, nor can we reserve a place for you in any Fitness Class unless and until booked by you.
4.3 If the Fitness Class you wish to attend is fully booked, we may add you to a waiting list. If a space in the relevant Fitness Class becomes available due to another person cancelling a booking, we will send an email to your nominated email address informing you that a space has become available in the relevant Fitness Class and asking you to confirm whether you wish to attend that Fitness Class. If you wish to participate in that Fitness Class, you can do so by responding to the email or booking the Fitness Class in the usual way (as set out below).
4.4 You will not be booked onto a Fitness Class unless and until your place is confirmed in our on-line booking system. Only at that point will there be a binding contract between you and us in respect of that Fitness Class. We reserve the right to refuse to accept your booking onto any Fitness Class at our absolute discretion.
Booking with Class Credits
4.5 Where you book any Fitness Class using a Class Credit, we will deduct a Class Credit from your account at the time of booking. You may cancel a booking through our on-line booking system up to 12 hours before the scheduled Fitness Class start time and receive a refund of your Class Credit. If you cancel less than 12 hours before the scheduled Fitness Class start time, you will forfeit that Class Credit.
4.6 If you have not arrived at the relevant studio for your booked Fitness Class at least 5 minutes prior to the scheduled Fitness Class start time, we reserve the right to cancel your booking without notice to you and to give your place to another customer. We are not obliged to refund your Class Credit in such circumstances, even if you arrive for the Fitness Class after we have cancelled your booking.
4.6 If you do not attend any Fitness Class you have booked using a Class Credit, you will not receive any refund of that Class Credit.
Booking with Membership Packages
4.7 If you have a valid Membership Package, you may apply to book any Fitness Class in the relevant category during the remaining unexpired period of the membership Package and for three (3) weeks following the expiry date of the Membership Package.
4.8 If your Membership Package expires and is not renewed before any Fitness Classes that you have booked take place, we will automatically cancel your place on those Fitness Classes, unless you have purchased Class Credits which you wish to use in respect of any of any of those Fitness Classes and you must give us at least 12 hours’ advance notice prior to the scheduled start time of the relevant Fitness Class that you wish to apply a Class Credit to that booking.
4.9 If you do not attend any Fitness Class you have booked through your Membership Package, or if you (or we in accordance with paragraph 4.8) cancel less than 12 hours before the scheduled Fitness Class start time you must pay us a late cancellation/no show charge of £15, which you permit us to take from any nominated payment account, credit or debit card that you have provided to us.
4.10 We reserve the right to cancel a Fitness Class booked by you at any time prior to the scheduled Fitness Class start time in the following circumstances:
4. 10.1 The instructor scheduled to lead the Fitness Class is not available and no alternative instructor is available;
4. 10.2 Events beyond our reasonable control mean that we decide the Fitness Class should not proceed; or
4. 10.2 An event described in Clause 9 below (“EVENTS BEYOND OUR REASONABLE CONTROL”) occurs, or
4. 10.3 We discover that you are not a Consumer.
If we cancel a Fitness Class in such circumstances which you have booked using a Class Credit, or you have a Membership Package under which you can attend a maximum number of Fitness Classes, we will refund the relevant credit to your account.
4.11 Fitness Classes, prices and instructors are subject to change from time to time but we will try to give you as much prior notice as possible of any such changes.
4.12 We reserve the right to expel you from any Fitness Class if your conduct is in our sole opinion unacceptable, or is or may be in our sole opinion harmful to our reputation, or amounts to a breach of these Terms and Conditions, or where in our sole opinion such expulsion is otherwise in the interests of others who are in that Fitness Class or who are in any other Fitness Class being held then or to be held subsequently. You will not be entitled to any refund for a Fitness Class started but not completed due to such expulsion.
5. FEES AND PAYMENT
5.1 Payment for Class Credits or Membership Packages purchased in accordance with clause 3 above can be by credit or debit card, cash or BACS transfer (save for purchases made through the Website, which must be paid for by credit or debit card only).
5.2 All prices of Class Credits and Membership Packages shown on the Website are inclusive of VAT.
6. YOUR FITNESS
6.1 You acknowledge that our Fitness Classes are physically strenuous and involve the use of exercise equipment. You agree and acknowledge that you a voluntary participant in such Fitness Classes with full knowledge and understanding of the strenuous and inherently risky nature of such Fitness Classes. You further acknowledge that you fully understand and accept that there is a risk to you of personal injury or illness arising from your participation in such a Fitness Class.
6.2 In the absence of any negligence or other breach of duty by us, the participation by you in Fitness Classes and the use by you of our equipment and facilities is entirely at your own risk and you waive any claims against us for personal injury, death, loss or damage to any of your property suffered by you in such circumstances.
6.3 We are not qualified to express an opinion confirming that you are fit to participate in our Fitness Classes. You must ensure that you are fit and well enough to participate in any Fitness Class that you book, and you will at all times be responsible for your own state of health, physical condition and wellbeing. If you have any concerns about your fitness or health, you should seek appropriate medical advice from a relevant professional medical or other adviser before attending a Fitness Class. We cannot and do not provide any such advice.
6.4 You must not participate in any Fitness Class if you are suffering from any serious medical condition, have recently undergone surgery, are pregnant or are under the influence of alcohol or drugs.
7. RULES, HEALTH AND SAFETY
7.1 You should arrive at least 5 minutes prior to the start time of a Fitness Class to allow for a prompt start. If you know you are going to be late for a Fitness Class, you should contact us to tell us as soon as you can before the scheduled Fitness Class start time. If you arrive later than 5 minutes before a scheduled Fitness Class start time we may not permit you to participate in the Fitness Class for health and safety reasons and/or if we have given your place to another customer in accordance with clause 4.3 above.
7.2 We do not permit you to:
7.2.1 smoke anywhere on Our Premises;
7.2.2 make or receive mobile phone calls during any Fitness Class;
7.2.3 bring any animals into Our Premises, with the exception of guide dogs. If you require the use of a guide dog, you should inform us of that when you register.
7.3 Fire exits are clearly marked in Our Premises and are in the interests of safety. You must not obstruct these exits for any reason. In the event of a fire, you should make your way to the nearest available exit with all possible speed and assemble at the relevant assembly point so that we may take a roll-call of all those at Our Premises when the fire alarm sounded. The assembly point for Latimer Road is outside the bathroom shop opposite the entrance, and for the Pall Mall Deposit, it is the corner of the car park by the entrance.
8. GIFT VOUCHERS
8.1 Gift vouchers are available to purchase in person at the reception of Our Premises at Pall Mall Deposit.
8.2 Gift vouchers are valid either for the period specified on the gift voucher or, where no period is specified, indefinitely.
8.3 Gift vouchers may be used to purchase Class Credits or Membership Packages as stated on the gift voucher. They may not be redeemed partly or wholly for cash.
8.4 Gift vouchers cannot be used to book all types of Class Credits. Gift vouchers can only be used to purchase the number and type of Class Credits stated on the Gift voucher.
9. LIMITATION OF LIABILITY
9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us when you were registering with us. We will not be responsible for any loss or damage that is not foreseeable.
9.2 Nothing in these Terms and Conditions is intended to or will exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
9.3 We are insured against loss or injury through our negligence.
9.4 We provide or sell all Fitness Classes to you only for your personal and private use/purposes. We make no warranty or representation that any products that we supply to you are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). If you use such products for those purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.5 Although we endeavour to provide lockers at Our Premises, if you bring any personal belongings onto Our Premises, we do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at your own risk except where such loss or damage is due to any deliberate or negligent act by us or our employees. We will not be responsible for any loss or damage to your personal belongings caused by any other customer, guest or visitor to our premises.
9.6 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under:
9.6.1 the Consumer Rights Act 2015;
9.6.2 the Regulations;
9.6.3 the Consumer Protection Act 1987; or
9.6.4 any other consumer protection legislation as that legislation is amended from time to time.
10. CHANGES TO TERMS AND CONDITIONS
We may from time to time change these Terms and Conditions. Where the changes are of a minor nature, we will do so without giving you prior notice, and we will use our reasonable endeavours to inform you as soon as is reasonably possible of any such change. In the unlikely event that we are making significant changes to these Terms and Conditions, our services or our products and you have unused Class Credits in your account or you have purchased a Membership Package which has not yet expired, we will take steps to ensure that you fully understand the changes in advance. If you do not accept the changes, we will give you a refund for any unused Class Credits or any unused period of your Membership Package.
11. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
We always welcome feedback from you and, whilst we always use all reasonable endeavours to ensure that your experience as our customer is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about our Fitness Classes or any other complaint about us or any of our staff, please raise the matter with Sarah Kingsbury who can be contacted at Our Premises or via email at email@example.com.
13.1 No failure or delay by us or you in exercising any rights under these Terms and Conditions means that we or you have waived that right, and no waiver by us or you of a breach of any provision of these Terms and Conditions means that we or you will waive any subsequent breach of the same or any other provision.
13.2 If any provision of these Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
13.3 These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law.
13.4 Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.