GENERAL MEMBERSHIP TERMS AND CONDITIONS

 

1. INTERPRETATION

In the Terms and Conditions, the following definitions apply:

1.1  Company: Fitness4Everyone Ltd

1.2  Free Trial: access to an Online Membership without charge for the first 7 days.

1.3  Free Trial Member: the person signing up to the Free Trial.

1.4  Member: a person aged 16 or over, signing up to any of our online memberships or class blocks.

1.5  Online Membership: the supply of recorded classes via the Company’s membership website.

1.6  Online Membership Fees: monthly recurring fees payable in advance for an Online Membership.

1.7  Class Block Membership: the supply of community classes over a specific length of time.

1.8  Class Block Fees: fees payable in advance for any Class Block.

1.9  PAR-Q: the Physical Activity Readiness Questionnaire completed by a Member online.

2. MEMBERSHIP

2.1 Subject to condition 2.2 when a person has paid the first Online Membership Fee or Class Block Fee, they become a Member.

2.2 Acceptance of a person as a Member is at the absolute discretion of the Company.

2.3 The Company reserves the right to expel, suspend for a specific period, refuse to renew, or cancel the Membership of any Member whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Company, or which amounts to a breach of the Terms and Conditions, or where such expulsion is otherwise in the interests of the other Members of the Company.

2.4 It is the responsibility of the Member to check with their GP or other health care professional as to their medical readiness to participate in any sessions delivered as part of the Membership.

2.5 The Member must complete a PAR-Q when they first become a Member.

2.6 It is the responsibility of the Member to inform the Company of any changes in their health that may be affected by physical activity.

2.7 The Online Membership and Class Block Membership is non-transferable.  A Member must not share the content or give anyone else access to any part of the Online Membership or transfer their Class Block Membership to anyone else.

3. FEES AND PAYMENT

3.1 Online Membership Fees must be paid in advance on a monthly recurring basis until cancellation.

3.2 Online Membership Fees must be paid in accordance with the Terms and Conditions irrespective of whether the Member makes full use of the sessions provided as part of the Online Membership.  No refund is given for non-usage.

3.3 Any Member, who is paying an Online Membership Fee, will forfeit access to the membership website if they fall behind in payment for more than 14 working days.

3.4 Online Membership Fees may be subject to change and the Company will notify Members at least one month prior.  Members will be given the opportunity to cancel the Online Membership at this time. Where a Member does not opt out in this way, monthly Online Membership Fees will continue at the new monthly rate.

3.5 Class Block Fees must be paid in full and in advance of the start of any new Class Block.

3.6 Class Block Fees must be paid in accordance with the Terms and Conditions irrespective of whether the Member participates in any or none of the classes delivered as part of the Class Block Membership.

3.7 Class Block Fees may be subject to change and the Company will notify Members at least 3 weeks prior to the start of a new Class Block.  Members will be given the opportunity to renew or opt out at this time.

4. REFUNDS AND CANCELLATIONS

4.1 Online Memberships can be cancelled at any time by giving one month’s notice days in writing.  Cancellation requests must be emailed to info@fitness4everyone.co.uk

4.2 Where notice to cancel is received outside of condition 4.1, the next payment will still be charged, and the Membership billing and access will cancel at the end of the next monthly billing period.  No fees paid in that time will be refunded.

4.3 No refunds will be made for either Online Memberships or Class Block Memberships unless the Company are unable to deliver the classes, loses access to its digital platforms and no acceptable alternative is provided.

4.4 Refunds are not payable if a Member simply changes their mind.

5. FREE TRIAL TERMS & CONDITIONS

5.1 The free trial shall last for a period of 7 days only. At the end of the 7 days, the regular price for the relevant Online Membership will be charged.

5.2 A person signing up for the Free Trial will be required to submit payment card details as part of the sign up process, to allow automatic payments once the free trial period finishes.

5.3 Once a person signs up to a Free Trial, they become a Free Trial Member.

5.4. Any Free Trial Member not wishing to continue the Online Membership once the free trial ends must cancel the membership by emailing info@fitness4everyone.co.uk at least 2 days before the trial is due to end.

5.5 Notice will be sent if payment fails for any reason. It is the Free Trial Member’s responsibility to make sure payment details are correct to allow successful transition to a Member and continued access to the Online Membership.
5.6 The Company reserves the right to remove or cancel the free trial offer at any time.
5.7 The Company reserves the right to change the features of the free trial offer at any time.
5.8 General Membership Terms and Conditions apply.

6. PRIVACY

6.1 The information collection and use of any personal information about you is set out in the Company’s Privacy Policy.

6.2 Personal information that you disclose may be used by the Company, its agents, and contractors in relation to your membership, including marketing activities for the Membership.

6.3 The Company may disclose any personal information as necessary to satisfy any law, regulation, or government request.

7. LIABILITY AND DISCLAIMER

7.1 Except as provided in an applicable Non-excludable Law, we are bound only by the express promises made in these Membership Terms and are not bound by implied terms.

7.2 Except as provided in an applicable Non-excludable Law, we and our affiliates are not liable for indirect, incidental, special, or consequential damages, loss or revenue or loss of profits which result from any use of or access to, or any inability to use or access, the Membership.

8. FORECE MAJEURE

8.1 For the purposes of this terms & conditions, a Force Majeure Event means an event beyond the reasonable control of the Company including but not limited to strikes, lock-outs or other industrial disputes (whether involving the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.


8.2. The Company shall not be liable to the Member or Free Trial Member as a result of any delay or failure to perform its obligations as a result of a Force Majeure Event.


8.3. If the Force Majeure Event prevents the Company from providing any of the services for more than 90 days, the Company may, without limiting its other rights or remedies, have the right to terminate an Online Membership or Class Block Membership immediately by giving written notice to the Member.

9. APPLICABLE LAWS

9.1 The Terms and Conditions will be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.

Fitness4Everyone reserves the right to change these terms and conditions at any time.  Changes to the Terms and Conditions will be announced on the ‘Fitness4Everyone’ website. Failure to receive notification of a change does not make those changes invalid. Current copies of the Terms and Conditions will be available on this page.