MEMBERSHIP TERMS AND CONDITIONS
1. DEFINITIONS
Classes: Health/fitness classes and courses in your Fitgirlslim® timetable, which may be subject to change from time to time.
Agreement: your Membership Agreement and these Membership Terms and Conditions, copies of which are available on our website: www.fitgirlslim.london
Fixed Term:
Annual membership of 12 calendar months paid in advance and prior to commencement of membership.
Premier Club Member: a member of Fitgirlslim® club.
Premier Club Membership paid on a Monthly basis by standing order.
Membership Agreement: your membership agreement, which sets out, among other things, your Monthly Fee or your Upfront Fee.
Membership Fees: the charges payable for your category of membership as set out in your Membership Agreement.
Monthly Fee: if paying monthly by Standing order, the monthly payment of your Membership Fee as set out in your Membership Agreement.
PAYG: is a non-member paying for each class attended on an ad hoc basis.
Medical Screening form: the questionnaire to be completed by each Member before commencing physical activities either as a new member or if a new medical condition has been diagnosed.
Upfront Fee: if you choose to pay in advance for a for Annual Membership, the amount payable in advance as your entire Membership Fee as set out in your Membership Agreement.
we/us/our: Fitgirlslim®
you/your: the named user entering into the Agreement with Fitgirlslim®
2. COMMENCEMENT
2.1. Your Agreement and your membership will commence as set out below:
2.1.1. Annual Memberships paid in advance: your Agreement will commence on the date agreed and shall continue for the Fixed Term or as otherwise set out in your Membership Agreement, unless extended or cancelled in accordance with these Membership Terms and Conditions.
2.1.2. Premier Club Membership paid by a Monthly Fee:
An initial payment equal to one month fees prior to commencement of your standing order agreement. No Agreement is in operation and the standing order can be cancelled at any time with one months notice.
2.1.3 Non-member participation
Non-members are welcome to participate in all the club activities. Fees for non-members are fixed and do not include member discounts for courses or any other activities undertaken by Fitgirlslim®. All fees are supplied prior to each course. Non-member class fees are fixed; payments are made at each individual class attended.
3. MEMBERSHIP
3.1. An application for Membership may be made online at www.fitgirlslim.london or at a Fitgirlslim class.
3.2. Acceptance of an application for membership is solely at the discretion of the club management and reasons need not be given for refusal.
3.3. You agree to comply and be bound by these Membership Terms and Conditions,
3.4. Your membership is personal to you. You must not share, sell, lend, or otherwise allow another person to use your membership. Any Member found to be doing so shall have his/her membership revoked.
3.5. You must complete a Medical Screening form before exercising and it is your responsibility to update that information should your medical condition change in any way.
3.6. You acknowledge that we may make reasonable changes to the codes, protocols and policies applicable to the club at any time and at our discretion provided that we give you advance notice of the changes.
3.7. Members and guests must be aged 16 years or over unless by prior consent.
3.8. You agree to advise us promptly of any change to your Member details, as provided on your Membership Agreement
4. APPLICATION OF CONDITIONS AND OUR OBLIGATIONS
4.1. These Membership Terms and Conditions shall prevail over any inconsistent terms or conditions contained or referred to in your Membership Agreement or implied by law, trade custom, practice or course of dealing. This will not change your statutory rights.
4.2. We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services.
4.3. We shall notify you of any changes in the manner we deem most appropriate, which may include emails to the email address you supplied on joining, updates to our website or signs within the clubs.
4.4. We shall use reasonable endeavors to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.
4.5. Any complaints should be brought to our attention immediately.
5. MEMBERSHIP FEES AND CHARGES
5.1. You agree to pay the Membership Fees in accordance with your Membership Agreement. You may pay either an Upfront Fee or a Monthly Fee for your Fixed Term Agreement.
5.2. The Upfront Fee/Monthly Fee are each payable immediately neither Fee is refundable.
5.3. We do not administer your Standing Order payments. Therefore Fitgirlslim has no jurisdiction over the payments made. The responsibility of those payments remains entirely at your own discretion and no refunds of over-payments will be made.
5.5. You must make any applicable standing order payments regardless of non-attendance, except where you cancel your Agreement in accordance with these Membership Terms and Conditions. Reinstatement of your membership will incur an administrative charge of £10.00
5.6. If you fail to pay any monies due under your Agreement or if any Standing Order is unpaid (or any cheque is returned unpaid or if any other form of payment is not honoured) for whatever reason, we may at our discretion refuse you entry to our clubs and/or charge you an administration fee of up to £25 on each occasion we seek such payment from you. Any failure to pay a debt due to us will result in you being refused Membership in the future.
6. FOR ANNUAL MEMBERS
6.1. Where you enter into an annual agreement, you acknowledge that you are entering into a long-term commitment with us. Agreements must be paid wholly in advance. You confirm that you have entered into this commitment in full consideration of any likely changes in your own personal circumstances over this period and acknowledge that the agreement can only be cancelled in very limited circumstances.
6.2.Premier Club Members paid by a Monthly Fee: your Agreement will automatically continue on the terms and conditions of a Rolling Term Agreement at the applicable Membership Fees at the time. If you do not wish your Agreement to continue, you must give us one months notice that you intend to cancel your Agreement. The responsibility of the cancellation of your standing order payments remains entirely at you own discretion.
6.1. The standing order payment amount is due from you to us. You must make those payments for the duration of your Agreement.
6.2. Standing Orders are collected on a monthly basis calculated from the sign up date to the corresponding day of the next month, in your first Standing Order Payment.
6.3. We will automatically continue collecting the Standing Orders payment amount every month until your Agreement is terminated by you after giving one months notice.
6.5. You may cancel your Agreement on giving us one calendar months’ notice. Your Agreement will end at the end of the calendar month of your final payment.
7. Failure to Supply Classes
7.1. You acknowledge that it may be necessary for us to close all or parts of our classes from time to time and that this may disrupt our provision of the Services. However, it will always be our endeavour to maintain all classes according to and within our programme. In such circumstances, you agree that any such disruption shall not constitute a material breach of the Agreement. We will always take care to minimise any inconvenience caused.
8. LIMITATION OF LIABILITY
8.1. Nothing in your Agreement shall limit or exclude our liability:
8.1.1. for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
8.1.2. for fraud or fraudulent misrepresentation;
8.1.3. to pay reasonable compensation should you suffer loss or damage caused by our negligence; or
8.1.4. for any liability that cannot be limited or excluded by law.
8.2. Subject to Clause 9.1 above, this Clause 9 sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and subcontractors) to you in respect of:
8.2.1. any breach of the Agreement;
8.2.2. any use made of the Services; and
8.2.3. any representation, statement, wrongful act or omission arising under or in connection with the Agreement.
8.3. We shall not be liable for any services offered by any third parties
8.4. Subject to the other provisions of this Clause 9, we shall not be liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Agreement.
8.5. Subject to Clauses 9.1 to 9.4 inclusive, our total liability in connection with the performance, or contemplated performance, of the Agreement, shall be limited.
8.6. Members must secure their personal belongings and it will remain their own responsibility to affect the safety of their belongings
8.7. The above limitations do not affect your statutory rights.
9. CANCELLATION BY US
9.1. Without prejudice to any other rights or remedies which each party may have, we may cancel the Agreement immediately on giving notice to you if you are in breach of these Membership Terms and Conditions.
9.2. We may cancel your membership immediately should you harass, threaten or abuse our staff or other Members of Fitgirlslim, maliciously damage our property, or should you commit any illegal act whilst on our facilities.
10. REFUNDS
10.1. You may cancel your Contract at any time having given one months’ notice and therefore it will remain your responsibility to cease all standing order payments. Fitgitlslim has a no refunds policy.
11. DATA PROTECTION
We take the privacy of our Members seriously. For further details on the information we collect from you and how we use and store that information please refer to our Privacy Policy at Schedule 1 of these Membership Terms and Conditions. We do not share your data with any third parties.
12. GENERAL
12.1. We may assign the benefit of your Agreement and our rights thereunder to a third party on notice to you. Your rights under your Agreement will not be prejudiced. You may only transfer your rights and obligations under your Agreement if we agree in writing.
12.2. We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
12.2.1. An “Event Outside Our Control” means any act or event beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
12.2.2. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(a) we will contact you as soon as reasonably possible to notify you.
(b) Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
12.3. If any provision of the Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Agreement, and the validity and enforceability of the other provisions of the Agreement shall not be affected.
12.4. Unless set out in these terms, any notice or other communication to be given by you to us under the Agreement must be delivered in writing to us at our addresses or any such addresses as may be notified by us to you from time to time. We will give notice to you under the Agreement using the email address supplied by you on joining.
12.5. A person who is not a party to the Agreement shall not have any rights to enforce its terms.
12.6. If we fail to insist that you perform any of your obligations under the Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.7. The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
SCHEDULE 1 – PRIVACY POLICY
1. INFORMATION WE MAY COLLECT FROM YOU
1.1. This policy (together with our Membership Terms and Conditions) and any other documents referred to on it) sets out the basis on which any personal information we collect from you, or that you provide to us, (together Personal Information) will be processed by us. Please read the following carefully to understand our views and practices regarding Personal Information and how we will treat it.
For the purpose of the General Data Protection Act 2018 (the Act), the data controller is Fitgirlslim®
1.2. We may collect and process the following Personal Information:
a) Information that you give us. Information that you give us by filling in out medical screening form by corresponding with us by phone, e-mail or otherwise which includes information you provide when you register to use our site, subscribe to our service, complete the online sign-up process and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number and photograph of you.
b) Information about your health. Information regarding your health, which includes information that you give us by filling in the medical screening form. Information about your health is considered the sensitive personal information under the Act and by submitting it to us you expressly agree that we may process it in accordance with this Privacy Policy.
c) Information we collect automatically. With regard to each visit to our site we may automatically collect the following information:
·technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
·information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
2. HOW WE USE THE INFORMATION THAT YOU GIVE US
2.1. We will use this Personal Information:
a) To carry out our obligations arising from any Agreements entered into between you and us and to provide you with the information, products and services that you request from us;
b) To notify you about changes to our service;
c) To administer our site and for internal operations, including troubleshooting, information analysis, testing, research, statistical and survey purposes;
d) To improve our site and to ensure that content is presented in the most effective manner for you and for your computer;
e) To allow you to participate in interactive features of our services when you choose to do so;
f) As part of our efforts to keep our site safe and secure;
g) To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
h) To provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information; and
i) With your consent, for marketing purposes to provide you with information about our goods or services.
2.2. We will endeavour to use whatever method of communication deemed appropriate to notify you of club information in order to best serve your experience and assume that the information provided by you is correct and an acceptable method to provide you with this information.
3. WHERE WE STORE YOUR PERSONAL INFORMATION
3.1. The information that we collect from you is stored at 97 Crescent road London E18 1JA. Available only to staff who maybe engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting Personal Information, you agree to this storing or processing. We will take all steps reasonably necessary to ensure that Personal Information is treated securely and in accordance with this privacy policy.
4.2. All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
4.3. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect Personal Information, we cannot guarantee the security of Personal Information transmitted to our site; any transmission is at your own risk. Once we have received Personal Information, we will use strict procedures and security features to try to prevent unauthorised access.
5. YOUR RIGHTS
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to these websites.
6. ACCESS TO INFORMATION
You have the right to access information that we hold about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you such information.
7. CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.
8. COOKIES
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy set out at Schedule 2 to this document, a copy of which is also available on our website www.foitgirlslim.london
SCHEDULE 2 – COOKIES POLICY
This policy explains what cookies are, how we use them and how you can switch them off.
1. How we use Cookies
We use a combination of our own cookies and third-party cookies to enhance your browsing experience and to enable our site to function efficiently. In particular, we use cookies to:
• enable you to set up an account, place orders and make payments;
• remember items you place into your shopping basket;
• remember items you have been looking at so that you can quickly and easily go back to an item you looked at previously;
• enhance your shopping experience.
2. What are Cookies
Cookies are small files that are stored on your internet browsing device (e.g. computer, tablet or phone). Cookies don’t store your personal details such as your credit card details, your name or your date of birth.
3. What types of Cookies do we use?
Our site uses session cookies and persistent cookies. Session cookies operate from the moment you log on to the site until the moment you log off. Once you log off session cookies are deleted.
Strictly Necessary Cookies are essential to our site, if these are disabled, your experience on our site may be interrupted and you may not be able to use a shopping basket or make payment.
Performance Cookies collect anonymous information about visitors. We use the information to improve your future experience and identify issues that our users may be experiencing.
Functionality Cookies customise the look and appearance of our site. For example, a functionality cookie will remember your username and language preferences next time you visit.
Third party cookies are not used on our website.
4. What happens if I turn off Cookies?
If you disable or delete cookies you may not be able to shop or access important parts of our site. Further information on cookies, including instructions on how to amend your browser settings to turn off cookies, is available widely online.
5. Contact
Questions, comments and requests regarding this privacy and cookie policy are welcomed and should be communicated to us via the contact page on the www.Fitgirlslim.london website.
