These Terms and Conditions are the standard terms which apply:
1. DEFINITIONS AND INTERPRETATION:
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means any business, trade, craft, or profession carried on by You or any other person/organisation;
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 and for purposes wholly or mainly outside the purposes of any Business;
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 which is [the same address as above] or [Unit 54-55, Pall Mall Deposit, 124-128 Barlby Road, London, W10 6BL] but 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 from our website [www.opusfitness.co.uk], by email or from the reception desk;
means the digital or paper version of our registration form that We provide to You for You to apply to register;
means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
means OPUS Fitness LTD whose place of business and contact address is [the same address as above] and includes all Our staff (employees and agents); and
means an individual to whom We agree to provide any Fitness Class.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions; and
1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
1.3 The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
1.4 Words signifying the singular number shall include the plural and vice versa; and
1.5 References to any gender shall include the other gender.
2.1 In order to attend any Fitness Class You first have to register with Us and You may do so by completing the Registration Form via our website, and agreeing in that Form to these Terms and Conditions.
2.2 The details that You provide and confirm in the Registration Form must be complete and correct, including Your confirmation that You are 18 or over and 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 You may book and attend a Fitness Class only once We have accepted Your Registration Form online or in writing. Acceptance of that application to register means that We agree that You may then (but not otherwise) book a Fitness Class. Our decision whether or not to accept Your application to register is in Our absolute discretion.
2.4 Upon Our acceptance of Your Registration Form and confirmation that We accept Your application to register there will be a contract between You and Us on these Terms and Conditions.
3. BOOKING AND CANCELLATION OF FITNESS CLASSES AND CONSUMER RIGHTS
3.1 You must be 18 or over and a “Consumer” to book and attend any Fitness Class.
3.2 A Fitness Class and Your place in that Fitness Class is subject to availability. No priority is given, and places in a Fitness Class are allocated on a first-come-first-served basis. We will not reserve or guarantee any particular date and/or time for any Fitness Class unless You book and pay for the Fitness Class for that particular time and date.
3.3 You may book a Fitness Class in person,by email,by phone or through Our on-line booking system.
3.4 We will only provide a Fitness Class to You if You have pre-booked and paid for it, except where, as follows, You are allowed to participate in it on a “drop in”or“wait list” basis and have paid for it. If it is already fully booked when you request a booking, We can add You to a wait list,or You can come along to Our premises on a drop in basis. We may then be able to offer You the opportunity to book, pay for and participate in the Fitness Class if a wait list space for it becomes available due to another person cancelling a booking. If We tell You of such an opportunity by phoning You after We have placed You on a wait list, You will then need to book and pay for the Fitness Class and be at Our premises no later than 10 minutes before the Fitness Class start time.
3.5 When you book and pay for any Fitness Class You must book for a date which falls within the expiry date explained when You pay for thatbooking. A Fitness Class not booked and taken within that period will be lost and, will not be refunded.
3.6 Your request for a booking for a Fitness Class will be an offer, but whether We accept any booking will be for Us to decide in Our discretion. Only if and when We tell You that We accept Your request to booka particular Fitness Class and You have paid for it, will there be a binding contract between You and Us for that Fitness Class.
3.7 When You book any Fitness Class, We will require You to pay Us in advance for it, and We will be entitled to keep that payment as set out in sub-Clause 3.11 below if You later cancel the Fitness Class without giving Us prior notice of at least 12 hours.
3.8 We will treat a Fitness Class that You have booked as cancelled by You without notice to Us if You do not attend the Fitness Class. We may then (but We are not obliged to) give Your place in the Fitness Class that You cancelled to any “wait-list”or“drop in” customer. We may decide to make a charge to You for that cancelled Fitness Class, and sub-Clause 3.11 below will apply.
3.9 You may cancel a Fitness Class without charge if You give Us at least 12 hours prior notice of the cancellation, and if You do so We will refund to You any sum You paid in advance.
3.10 If You do not give Us at least 12 hours prior notice of cancellation of a Fitness Class, We will be entitled to charge You the full price of that Fitness Class to cover the financial loss that We suffer due to Your cancellation.We will be entitled to deduct that charge from any sum You paid in advance for that Fitness Class.
3.11 If, due to exceptional circumstances including, but not limited to, accidents and bereavement, You cancel a Fitness Class without giving Us at least 12 hours prior notice, We will consider the circumstances and in Our absolute discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 3.9 or 3.11.
3.12 We may cancel a Fitness Class booked by You at any time before the time and date of that Fitness Class in the following circumstances:
3.12.1 The required instructor necessary for the Fitness Class is not available; or
3.12.2 An event described in sub-Clause 9 below occurs, or
3.12.3 We find that you are not a “Consumer” (as defined in Clause 1 above). If We cancel a Fitness Class in such circumstances We will refund to You in full the payment that You have made to Us for that Fitness Class.
3.13 We will use all reasonable endeavours to start the Fitness Class that You have booked at its scheduled start time.
3.14 Fitness Classes, prices and instructorsare subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.
3.15 We reserve the right to expel You from any Fitness Class if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to Our reputation, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable 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.
4. FEES AND PAYMENT
4.1 You must pay in accordance with Our Price List for all Fitness Classes that We fully and correctly provide to You.
4.2 You may pay Us for Fitness Classes using any of the following methods:
4.2.1 Credit/Debit card on our online booking system or at our premesis or over the phone;
4.2.2 Cash or BACS transfer; or
4.2.3 Gift Voucher
4.3 Expiration dates on all of Our class packages are detailed below;
4.3.1 Launch offer – Expires 31st January 2018
4.3.2 Single Class – 14 days from the date of purchase
4.3.3 5 Class Block – 1 Month from the date of purchase
4.3.4 10 Class Block – 3 Months from the date of purchase
4.3.5 20 Class Block – 6 Months from the date of purchase
4.4 Expiration dates on all of Our Personal Training packages are detailed below;
4.4.1 Introductory Block – 3 Months from the date of purchase
4.4.2 Single Session – 1 Month from the date of purchase
4.4.3 12 Sessions – 6 Months from the date of purchase
4.4.4 24 Sessions – 6 Months from the date of purchase
4.5 We may alter Our prices without prior notice, but if the price of any Fitness Class increases between the time when You book it and the date of the Fitness Class, the price increase will not apply to You for theFitness Class on that date.
4.6 All prices of Fitness Classes shown in the Price List are inclusive of VAT.
5. ELIGIBILITY TO TAKE A FITNESS CLASS
5.1 We only make any Fitness Class available to a“Consumer” (as defined in Clause 1 above), and Your completion of a Registration Form will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to attend any Fitness Class. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your registration forthwith by giving You a cancellation notice and You will not then be entitled to attend any further Fitness Classes.
5.2 We will not accept Your application to register or make any Fitness Class available to You unless You are aged 18 or over. We may require evidence of Your age for that purpose.
6. FITNESS HEALTH AND SAFETY
6.1 You acknowledge that certain Fitness Classes may be physically strenuous and You agree that You voluntarily participate in such Fitness Classes with full knowledge that even if We and the relevant instructor is not negligentthere is a risk of personal injury or illness arising from Your participation in such a Fitness Class.
6.2 Certain Fitness Classes may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.
6.3 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.
6.4 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.
6.5 You agree that when You register and when You book and attend any Fitness Class, that will be Your confirmation that You have no health or fitness problems which may affect your participation in any Fitness Class and that you are not pregnant.
6.6 When You request a booking for a Fitness Class and at least 24 hours before You attend any Fitness Class, if You tell Us at that time about any medical, health or fitness issue or special need, We will discuss it with You, and inform You if We decide not to accept Your booking because of that issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue or need.
6.7 If You do not tell Us before a Fitness Class of anything referred to in sub-Clause 6.5 or 6.6 that We then discover,We will be entitled not to provide some or all of a Fitness Class booked and to treat the Fitness Class (or the affected part of it) as cancelled by You without notice, in which case We may make a charge to You for the cancelled Fitness Class (or part of it) as set out in sub-Clause 3.11 above.
6.8 You must not attend any Fitness Class when under the influence of alcohol or illegal drugs.
6.9 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 Fitness Class start time.If You arrive later than a Fitness Class start time We may not permit You to participate in the Fitness Class for health and safety reasons.
6.10 Fire exits are clearly marked 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 a safe distance from Our premises so that We may take a roll-call of all those at Our premises when the fire alarm sounded. The assembly point is outside the bathroom shop opposite our premesis on Latimer Road, or the corner of the car park at Pall Mall Deposit.
7.1 We do not permit You to:
7.1.1 smoke anywhere on Our premises
7.1.2 make or receive mobile phone calls during classes
7.1.3 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;
8. GIFT VOUCHERS
8.1 Gift vouchers are available from Reception.
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 redeemed only for Fitness Classes and Personal Training Only, and may not be redeemed partly or wholly for cash.
9. EVENTS BEYOND REASONABLE CONTROL
9.1 We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.
9.2 If any event described under sub-Clause 9.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Fitness Classes as necessary. You may, without liability to Us, cancel any Fitness Class(es) which do not take place due to that event, and We will refund in full the advance payment that You have made to Us for the cancelled Fitness Class(es).
10. LIMITATION OF LIABILITY
10.1 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 negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Ourcontract with You is created.We will not be responsible for any loss or damage that is not foreseeable.
10.2 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 clothing or other goods that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale).We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
10.3 Each of Our instructors is appropriately qualified to conduct the particular Fitness Class which they conduct but their advice does not include any medical or similar advice and is not a substitute for advice provided by an appropriate medical, health, or fitness professional or therapist.
10.4 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 staff. 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 even where You leave or store them in any place at Our premises referred to in Clause 7.2. We therefore advise You not to bring any valuable belongings to Our premises.
10.5 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.
10.6 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:
10.6.1 the Consumer Rights Act 2015;
10.6.2 the Regulations;
10.6.3 the Consumer Protection Act 1987; or
10.6.4 any other consumer protection legislation as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
11. CHANGES TO TERMS AND CONDITIONS
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
12. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
12.1 In so far as administering, arranging, or providing Fitness Classes or registration involve Us in collecting, using, or holding or otherwise processing any data obtained from You which is personal data (including, but not limited to, Your name and address), We shall only do so with Your express consent and in accordance with any lawful instructions reasonably given by You from time to time, and the provisions of the Data Protection Act 1998 and Your rights under that Act and these Terms and Conditions.
12.2 We may use Your personal information as follows:
12.2.1 to administer or arrange, Fitness Classes for You and Your registration or to offer or provide Fitness Classes to You;
12.2.2 to process Your payment for Fitness Classes;
12.2.3 in certain circumstances (if, for example, You wish to pay for Fitness Classes on credit), and with Your consent, We may pass Your personal information on to credit reference agencies.These agencies are also bound by the Data Protection Act 1998 and should use and hold Your personal information accordingly.
We will not pass on Your personal information to any other third parties without first obtaining Your express permission.
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your registration and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to register and/or make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
As required by the Regulations:
14.1 all of the information described in Clause 13; and
14.2 any other information which We give to You about any Fitness Classes or Ourselves and Our business which You take into account when deciding to make a booking or when making any other decision about Fitness Classes will be part of the terms of Our contract with You as a Consumer.
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.
16. NO WAIVER
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.
If any provision of these Terms and Conditions is held by any 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.
18. LAW AND JURISDICTION
18.1 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.
18.2 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.