TERMS & CONDITIONS
CLEAR AND SIMPLE
TERMS OF SERVICE
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.fitclub.co.uk ("the Site") operated by F.I.T. Club ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.fitclub.co.uk.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalised terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of F.I.T. Club Services. You are only authorised to use the F.I.T. Club Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the F.I.T. Club website and discontinue use of F.I.T. Club Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the website, you will have to create a F.I.T. Club account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorised use of your account.
MEMBER SERVICES & POLICIES
Clients must cancel out of a class or training session with at least 24 hours notice.
If you cancel within the 24-hour time period of the start time of the class/session, you may be charged for that class/session.
Each client will have one free “no show” per package purchased, meaning they can late cancel once per package and not be penalised.
All class cancellations must be done online or via the Mind Body Connect app.
PT session cancellations need to be done by contacting the trainer directly.
RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.
MEMBERSHIP PACKAGES: Members who purchase ANY membership package (such as, but not limited to Basic, Advanced, Concession, Student, Unlimited or future promotional programs or membership packages) may be subjected to a penalty charge for either a late cancel or an absence should they not cancel their reservation within the allotted 24-hour window. The purchase of ANY membership package will require payment via credit/ debit card and card details (card number and expiry date) will be stored on our payment system for future payments processing/autopays. Membership packages may be canceled at any time. Canceling ANY membership package must be done here or via our booking app, for any future payments to be cancelled. Membership packages, when canceled, will run until their current expiry and can not be part refunded or exchanged for other services when canceled before their expiry. Memberships can not be suspended/frozen to extend their expiry date. Any unused days/classes or portion of any membership can not be carried forward and will be forfeit after the membership expiry date.
PERSONAL BELONGINGS: You agree that F.I.T. Club is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
STUDIO RULES & REGULATIONS
All classes, events, and membership packages are non-transferable and non-refundable. No exceptions.
Students may not vary from instructed exercises.
All injuries must be reported before each class.
You should arrive at least 10 minutes prior to class starting. If you are not physically present and have not signed in within five minutes before the start of your scheduled class, your spot may be released to an individual on the waitlist.
LIMITATIONS OF LIABILITY
By signing/agreeing to your initial "Liability Waiver" contract and/or attending classes, events, activities, and other programs and using the F.I.T. Club facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the F.I.T. Club workout program.
You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that F.I.T. Club strongly recommends that you consult with your physician prior to commencing any class.
You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries.
You further acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by trainers and staff. In consideration of being allowed to participate in and access the F.I.T. Club classes and studio facilities, you hereby
(1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the F.I.T. Club classes and studio facilities,
(2) release, indemnify, and hold harmless F.I.T. Club, subsidiary affiliate entities and franchisees, and each of their respective members, employees and representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the F.I.T. Club classes or F.I.T. Club studio facilities, and
(3) represent that you:
(a) have no medical or physical condition that would prevent you from properly using any of F.I.T. Club's classes and studio facilities,
(b) do not have a physical or mental condition that would put you in any physical or medical danger, and
(c) have not been instructed by a physician to not participate in physical exercise.
You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in F.I.T. Club classes and use of studio facilities, and should not be participating in any classes.
Photography/Video/Audio Liability Waiver
By signing up for classes or events, the attendee grants F.I.T. CLUB permission to use their likeness in a photograph and/or video in any and all publications and materials without payment or consideration made to them. The attendee realises these photos and/or videos become the property of F.I.T. CLUB and will not be returned. The attendee authorises F.I.T. Club, to use, edit, copy, publish or exhibit any photo or video for any lawful purpose. The attendee waives the right to review any photo or video or to obtain royalties from the photo or video.
In addition, the attendee confirms that F.I.T Club (including its agents, officers and employees) has no legal responsibility for any liability, claims, demands, damages and expenses arising out of, or in connection with, the images, video recordings and/or audio (including, but not limited to, breaches of data protection, defamation and copyright)
The photography/video/audio could be used in print and digital media formats, including (but not restricted to) print publications, websites, e-marketing, poster banners, advertising, film, social media, teaching and research purposes, either in an edited or non-edited format. The data will be kept permanently on secure servers for future use, unless not needed, whereby it will be securely deleted. Image/s will only be used for the purposes of promoting F.I.T. Club, not for any other purpose.
Please Note: Attendees must let staff of F.I.T. Club know if they do not wish to have their picture/video made public.
INTELLECTUAL PROPERTY AND TRADEMARKS
The content on the F.I.T. Club website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to F.I.T. Club, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. F.I.T. Club reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of F.I.T. Club.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
"F.I.T. Club," "Commando Box," and other graphics, logos, wordmarks, and designs are trademarks of F.I.T. Club in the U.K. and/or other countries for which applications are pending. F.I.T. Club trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of F.I.T. Club.
The F.I.T. Club Services may include certain services that may be available via your mobile phone, including but not limited to
(i) the ability to book and/or purchase F.I.T. Club via your mobile phone,
(ii) the ability to receive and reply to F.I.T. Club messages,
(iii) the ability to browse F.I.T. Club from your mobile phone and
(iv) the ability to access certain F.I.T. Club features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding F.I.T. Club and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
Our Site may contain links to third-party sites that are not owned or controlled by F.I.T. Club.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of England, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
These Terms of Service shall remain in full force and effect while you use the F.I.T. Club Services or are a Member. You may terminate your membership at any time, for any reason, by contacting F.I.T. Club directly via our contact form. F.I.T. Club may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that F.I.T. Club charges fees for its services, and F.I.T. Club reserves the right to change its fees from time to time in its discretion. If F.I.T. Club terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify F.I.T. Club immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
ENTIRE AGREEMENT; NO WAIVER
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and F.I.T. Club's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. F.I.T. Club reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the F.I.T. Club's website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
If you have any questions about these Terms of Service, the practices of F.I.T Club or its services, or your dealings with this site, please contact us at:
F.I.T. Club, 10 High Bridge, Newcastle Upon Tyne, NE1 1EN.
These Terms of Service have been updated and effective as of SEPTEMBER 1, 2016.