FitWorks Training
Terms & Conditions

FITWORKS TRAINING LTD

 TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms which apply: 

1. to provision of, and use by, Members and other users of any facilities and services provided by FitWorks, namely FitWorksTraining Ltd a company registered in England & Wales under number 15063030 whose registered office is at Unit C2A Comet Studios, De Havilland Court, Penn Street, Bucks HP7 0PX; 

2. where the Member and any other user of the facilities or services of FitWorks is a “consumer” as defined by the Consumer Rights Act 2015.

1. Definitions and Interpretation 

1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

2. Unless the context otherwise requires, each reference in these Terms and Conditions to:

1. “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time; and

2. a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions.

3. The headings used in these Terms and Conditions are for convenience only and will have no effect on the interpretation of these Terms and Conditions.

4. Words signifying the singular number shall include the plural and vice versa.

5. References to any gender shall include the other gender.

2. Membership

1. In order for anyone to use FitWorks they must have signed up to the Clubright App.

2. You will become a Member of FitWorks only if and when We accept Your application Our decision whether or not to accept Your application is in Our absolute discretion.

3. Upon Our acceptance in writing of Your application there will be a contract between You and Us on these Terms and Conditions.

4. Your Membership will be in accordance with Your Membership Plan, and Your use of FitWorks must always be in accordance with Your Membership Plan.

5. Details of available Membership Plans may be obtained from our Clubright site or App.

6. You may choose any one of these Membership Plans in Your application to join FitWorks.

7. Subject to the cancellation terms set out in sub-Clause 2.11 and 2.12:

1. Your Membership will  continue indefinitely on a Month by Month rolling basis.

8. You may upgrade Your Membership Plans at any time and We will increase Your Membership Fees accordingly.

9. If You choose a new Membership Plan, it will replace Your original Membership Plan.

10. Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause 2.10, and they will be in addition to the rights given to You by sub-Clause 2.11. You may for any reason cancel Your Membership up until expiry of 14 days after the date when We accept Your application for Membership but if We begin to provide You with any facilities or services before the end of that period, and You have expressly requested Us to begin them before that end of that period, You may not cancel those particular facilities or services provided in that period once We begin to provide them, and You must pay for an amount of the Membership fee as is proportionate to the period of time over which You were provided with the requested facilities or services.  If You cancel as allowed by this Sub-clause 2.10, and You have already made any payments to Us under Clause 3, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the particular facilities or services requested which We have provided in that period. If You request that Your Membership be cancelled, You must confirm this in any way convenient to You. If You wish to cancel Your Membership in other circumstances, please refer to the following sub-Clauses for those other circumstances in which You may do so.

11. In addition to Your rights to cancel under the Regulations (as set out in sub-Clause 2.10 above) You may cancel Your Membership by giving at least one month’s prior written notice at any time on expiry of which Your Membership will end.

12. You may suspend Your Membership if You suffer a long-term illness, injury or pregnancy.  If You wish to suspend Your Membership You should inform Us of the suspension no later than 10 days prior to the billing date which is the start of the Month from which You wish the suspension to take effect.

13. We may require a medical certificate, doctor’s note or similar proof of illness or other incapacity for suspension under sub-Clause 2.13.

14. You may suspend Your Membership for reasons not covered by sub-Clause 2.12 at Our discretion.

15. Your Membership cannot be transferred to another person.  

16. We will provide You with a Membership number and access to the Clubright App at the start of Your Membership.  

17. Fitworks is not open Christmas Day, Boxing Day, and New Year’s Day.

3. Booking and Cancellation of Classes, Expulsion, and Consumer Rights

1. You must be 18 or over and a “Consumer” to book and attend any Class.

2. A Class and Your place in that Class is subject to availability. No priority is given, and places in a Class are allocated on a first-come-first-served basis. We will not reserve or guarantee any particular date and/or time for any Class unless You book and pay for the Class for that time and date.

3. Each Class requires 20% of full capacity or more for it to take place unless it is available as, and specifically booked as, a small Class for You.

4. You may book a Class via Clubright as a single Class or as part of any available package of Classes.

5. We will only provide a Class to You if You have pre-booked and paid for it unless We decide you are able to participate using Our discretion.

6. When you book and pay for any single Class (i.e. one not paid for as part of a package) You must book (or, as set out in sub-Clause 3.11 below, rebook to replace any booked Class cancelled) for a date which is no more than two months after the date when You make and pay for that booking or rebooking. A Class not booked (or rebooked) and taken within that period will be lost and, unless You cancel it and are entitled to a refund under these Terms and Conditions in that case, We will not refund any payment You have made for it.

7. Your request for a booking for a Class (whether or not it is paid for as part of a package) 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 book a particular Class and You have paid for it, will there be a binding contract between You and Us for that Class..

8. When You book any Class, We will require You to pay Us in advance for it, and We will be entitled to keep some or all of that payment as set out in sub-Clause 3.12 below if You later cancel the Class without giving Us prior notice of at least 24 hours.

9. We may treat a Class that You have booked as cancelled by You without notice to Us if You arrive after the start of the Class or the start of any warm up for that Class or You do not attend any of the Class. We may then (but We are not obliged to) give Your place in the Class that You cancelled to any Customer. We may decide to make a charge to You for that cancelled Class, and sub-Clause 3.12 below will apply.

10. You may cancel a Class without charge if You give Us at least 24 hours prior notice of the cancellation. If You do so We will refund to You any sum You paid in advance unless when You cancel You ask to rebook for a later, substitute, Class instead and We accept that substitute booking. If the cancelled Class was paid for as part of a package, We will not refund You any sum for it. 

11. If You do not give Us at least 24 hours prior notice of cancellation of a Class, We will be entitled to charge You for any net financial loss up to the full price of that Class that We suffer due to Your cancellation (i.e. the price that applies to it as a stand-alone, non-package price Class). We will be entitled to deduct that charge from any sum You paid in advance for that Class, and We shall refund any balance to You. For this purpose, if that Class was part of a package, the sum paid in advance for it will be the total sum paid for the package divided by the total number of Classes in the package.

12. If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel a Class without giving Us at least 24 hours prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 3.10 or 3.12.

13. We may cancel a Class booked by You at any time before the time and date of that Class in the following circumstances:

1. The required minimum number of people for the Class have not booked for that Class; or

2. The required instructor necessary for the Class is not available; or

3. An event described in sub-Clause 9 below occurs and continues for more than 1 month; or

4. We find that you are not a “Consumer” (as defined in Clause 1 above).

If We cancel a Class in such circumstances We will refund to You in full the payment that You have made to Us for that Class unless it was paid for as part of a package. 

Where it was part of a package, We will not make a refund but You may rebook that cancelled Class for another date falling within the 6 months period after the date when You paid for the package.

14. We will use all reasonable endeavours to start the Class You have booked at its scheduled start time, but the start may be delayed by overrun of a previous Class or by other circumstances. If a delay to the start is at least 20 minutes, or, if at any time before or after You arrive for a Class We notify You that there will be a delay of at least that time, You may cancel the Class and We will refund to You in full the payment that You have made to Us for that Class unless it was paid for as part of a package in which case the final paragraph of sub-Clause 3.13 (as to rebooking or refund) will also apply to cancellation under this sub-Clause 3.14.

15. 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.

16. We reserve the right to expel You from any 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 Class or who are in any other Class being held then or to be held subsequently. You will not be entitled to any refund for a Class started but not completed due to such expulsion. If at that time You have paid for any Classes as a package but have not yet booked and/or attended one or more of such Classes, We may cancel those Classes not yet booked and/or attended by telling You at the time of that cancellation and in that case We will refund You for the number of Classes in the package cancelled and the refund will be for the number of package Classes not taken pro rata to the total Classes in the package.

17. Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause 3.17, and they will be in addition to the rights given to You by the above provisions of this Clause 3. You may for any reason cancel a booked Class during the 14 day period after We accept that booking, but if the booking includes any Class on a date which is before the end of that 14 day period, and if You have expressly requested Us to provide any such Class in that 14 day period and We do so, You may not cancel that requested Class and You must pay for it in accordance with Clause 4, and You may only cancel any other Class covered by that booking. If You request that Your booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Sub-clause 3.18, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the Class(es) covered by that booking that We have provided. For this purpose, where any one or more Classes has been paid for as part of a package, then You may cancel such Classes (either booked for any date(s) after that 14 day period or not yet booked), and We will refund for each such cancelled Class the total package price amount divided by the total number of Classes in that package. 

4. Membership Fees and Payment

1. Membership Fees are payable on a Monthly basis. Pay as You Go must be paid in advance of the session.

2. Membership Fees must be paid using Clubright which in turn uses Gocardless or Stripe

3. The minimum number of Membership Fee payments required shall be determined by the Membership Plan.

4. Subject to suspension of Your Membership under sub-Clauses 2.13 or 2.15, You must pay Membership Fees throughout Your Membership irrespective of Your non-use of FitWorks.

5. We may deny You access to FitWorks whilst any Membership Fees payable by You or other sums are due and remain outstanding.

6. If Your Membership Fees are not paid for a period of more than 3 months, We may refer the matter to a third party debt collection company.

5. Fitness, Health and Safety

1. You acknowledge that certain Classes may be physically strenuous and You agree that You voluntarily participate in such Classes with full knowledge that even if We and the relevant instructor is not negligent there is a risk of personal injury or illness arising from Your participation in such a Class.

2. Certain Classes may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.

3. You must ensure that you are fit and well enough to participate in any Class that You book, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.

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 Class. We cannot and do not provide any such advice.

5. You agree that when You register and when You book and attend any Class, that will be Your confirmation that You have no health or fitness problems which may affect your participation in any Class.

6. When You request a booking for a Class and at least 48 hours before You attend any 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.

7. If You do not tell Us before a Class of anything referred to in sub-Clause 5.5 or 5.6 that We then discover, We will be entitled not to provide some or all of that Class or any other Classes and to treat any such Classes (or the affected part of it/them) as cancelled by You without notice, in which case We may make a charge to You for that cancelled Class (or part of it) as set out in sub-Clause 3.12 above. If that Class is part of a package, We may also cancel any other remaining Classes in the package and in that case We will refund You for each of the remaining Classes an amount equal to the total package price divided by the total number of Classes in the total package.

8. 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 in the Car Park to the right of the main gate.

6. FitWorks Rules

1. We will give You a copy of the Membership Rules on request but the current Membership Rules will be available to read on a notice board at FitWorks or on Our Website.

2. We only make Membership available to a “Consumer” (as defined in Clause 1 above), and Your application to become a Member will be deemed to be Your confirmation that You are a “Consumer”. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your Membership forthwith by giving You a cancellation notice provided that We refund any Membership fees to You paid to Us for any period after the date of cancellation.

3. You must abide by the Membership Rules at all times when You use FitWorks. If You do not, We will be entitled to suspend or terminate Your Membership.

4. We do not permit You to: 

1. smoke anywhere on Our premises;

2. Mobile phones should be switched to silent mode during a Class; 

3. bring to Our premises any child/ren under the age of 10 as We do not have anyone to supervise them, unless with prior consent;

4. bring any animals into Our premises unless with prior consent; 

5. You are responsible for Your own state of health, physical condition and wellbeing at all times.

6. You may only use the equipment and facilities provided by FitWorks in the correct manner and must not use them in any manner which constitutes a health and safety risk either to You or to others.

7. You should not attempt to use any equipment or facilities until a suitably qualified instructor has instructed You in the correct use of the same.

8. If You have any medical condition or are taking any medication which may affect Your ability to exercise or use any equipment or facilities provided by FitWorks in any way, You must inform Us of it and act in accordance with any instructions provided by Us as a result.

9. You must carry a towel with You when using FitWorks and should wipe down equipment after use, if required.

10. You should not use FitWorks when under the influence of alcohol or illegal drugs.

11. You should not use FitWorks immediately following a heavy meal.

12. You should dress appropriately when using FitWorks.  Outdoor clothing and/or dirty clothing should not be worn.

13. We do not allow smoking inside FitWorks or anywhere else on FitWorks’s property (including outside areas).

7. Equipment and Facilities

1. We have all equipment inspected and tested prior to each session.  We have maintenance carried out as required.

2. If You become aware of any damaged or defective equipment You should immediately cease using such equipment and inform a member of Our staff.

3. We may withdraw Equipment at any time and for any reason including, but not limited to, maintenance, repair and alteration.

4. We make equipment and facilities available on a first-come-first-served basis.

8. Car Parking Facilities

1. We provide car parking facilities for Members only and You may only use them when You are using FitWorks;

2. We accept no liability for any loss or damage which may result from Your use of the car parking facilities except if it is due to Our or Our staff’s negligence; and

3. Membership does not guarantee that a parking space will be available for You to use.  Parking spaces are available on a first-come-first-served basis; and

4. If there are no parking spaces available DO NOT PARK on Meadow Lane. Should You park in a way that is inconvenient to neighbouring properties we may terminate Your Membership without refund, by our discretion.

9. Events beyond our reasonable control 

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.

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 Classes as necessary. You may, without liability to Us, cancel any 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 Class(es). Where the cancelled Class(es) is/are part of a package, We will refund You for each such Class an amount equal to the total price for the package divided by the total number of Classes in the package.

10. Limitation of Liability

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 Our contract with You is created.  We will not be responsible for any loss or damage that is not foreseeable.

2. We only provide or sell all facilities and/or services to You as a Consumer for Your personal and private use/purposes.  We make no warranty or representation that products, or other goods or materials that We provide or sell 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.

3. 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.

4. 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:

1. the Consumer Rights Act 2015; 

2. the Regulations;

3. the Consumer Protection Act 1987; or

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 changes.

12. How We Use Your Personal Information (Data Protection)

We will only use Your personal information as set out in Our Privacy Policy available from Our website www.fitworkstraining.co.uk 

13. Regulations 

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 application for Membership) 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 application for Membership. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

14. Information

As required by the Regulations:

1. all of the information described above; and 

2. any other information which We give to You about any Membership, facilities, services or FitWorks which You take into account when deciding to make an application for Membership or when making any other decision about the facilities or services 

will be part of the terms of Our contract with You as a Consumer.

15. Complaints

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours 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 facilities, services or any other complaint about FitWorks or any of Our staff, please raise the matter with Hannah Camden who can be contacted at FitWorks or info@fitworkstraining.co.uk.

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.

17. Severance

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

1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales. 

2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (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.