Fitness Class Terms & Conditions
Terms And Conditions For Membership Of Annie Deadman Training’s Classes
These terms and conditions are the standard terms which apply:
- to provision of Fitness Classes, incorporating Fitcamp (formally called Bootcamp), Circuits, Boxing and FIRM by Annie Deadman Ltd, a limited company registered in England under 04770329. Our registered address is 7 Priory Close, Hampton, TW12 2QA, United Kingdom. (“Us”); and
- where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Business”||means any business, trade, craft, or profession carried on by You or any other person/organisation;|
|“Consumer”||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;|
|“Data Protection Legislation”||means the Data Protection Act 1998 and the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) as amended or replaced from time to time;|
|“Fitness Class”||means any group session at which We provide or lead any physical exercise class, including any teaching, instruction or training and all facilities, services, equipment, and other goods and materials which we provide/use in connection with these Fitness classes|
|“Our premises”||means the premises at which We hold Fitness Classes as detailed on our website and which may change from time to time;|
|“Price List”||means Our standard price list for all Fitness Classes which We offer. The details of our Fitness Classes and their prices is available from anniedeadmantraining.co.uk.|
|“Fitness Classes Form”||means the registration form that We send to You for You to complete when you first sign up to the Fitness classes, also known as a PARQ.|
- Joining Our Fitness Classes
- Whether You want to book a free trial class or sign up for Fitness Classes, then You must email to firstname.lastname@example.org. You cannot book Fitness Classes online.
- If You want to sign up regularly, then We will need personal details from you such as your medical history. You will be required to complete a Fitness Classes Form (PARQ), which will be supplied to You as a link and You will be asked to complete and submit it online. By completing the PARQ you will be agreeing to these Terms and Conditions and there will be a contract between You and Us based on these Terms and Conditions.
- Booking of classes
- You must be over 16 and a ‘consumer’ to book and attend any Fitness Class.
- You may book one free trial class of each of the different Fitness Classes we hold.
- Your place in that Fitness Class is subject to availability. No priority is given but every provision is made by Annie Deadman Ltd to provide enough fitness classes to accommodate all requests.
- Minimum booking: A minimum of 4 weeks within any one ‘term’ must be booked and paid for. A ‘term’ refers to roughly a 6 or 7 week period of time, the exact dates of which will be found on the website, anniedeadmantraining.co.uk, and are determined by Annie Deadman, the Owner of Annie Deadman Ltd. Booking one off classes or periods shorter than 4 weeks is not permitted. If you are a new customer to Annie Deadman Ltd and you join our Fitness Classes just before the end of a term you may book the remaining weeks of the term pro-rata.
- Freedom to choose classes
Members may attend any class they like within one term. If attending Boxing for the first time, then Annie Deadman should be notified as the member should arrive 15 minutes before the start of the class to receive some pad handling training. You will not be permitted to join the class if you arrive late or miss the pad-handling training, for reasons of safety.
- Missed sessions
- If you missed any of your paid sessions due to work or illness or other reasons, then you may make up those missed sessions during the remainder of your term or the remainder of your paid period. Missed sessions cannot be rolled over into the following or subsequent terms.
- A sustained illness or injury. If You become injured or suffer a serious illness for a sustained number of weeks, then You should contact Annie as soon as possible on email@example.com. If You have paid full price for your classes, and have not taken advantage of any special promotional deals that we may offer from time to time, You may be able to carry over 50% of the cost of your missed sessions into the following term, but each case will be treated individually and all cases are at Our sole discretion. This will only be permitted once.
- Cancellation / rescheduling
- We may cancel/reschedule a Fitness Class at any time before the advertised time and date of that Fitness Class in the following circumstances:
- The required instructor necessary for the Fitness Class is not available,
- there is a problem with the venue or,
- any event out of the control of Annie Deadman Ltd.
- If We cancel a Fitness Class in such circumstances We will not make a refund but You may carry over that missed session(s) to the following two weeks.
- 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 such expulsion is otherwise in the interests of others who are in that Fitness Class. You will not be entitled to any refund for a Fitness Class started but not completed due to such expulsion. We may cancel the remaining period of the Fitness Classes package you have purchased in which case We will refund You for the remainder of the package cancelled (rounded down to the nearest week).
- We may cancel/reschedule a Fitness Class at any time before the advertised time and date of that Fitness Class in the following circumstances:
- Fees and Payment
- You must pay in accordance with our Price List. Refer to our site for current pricing information.
- You can choose from 3 class booking types:
- One class per week
- Up to 3 classes per week
- Unlimited classes per week
- How and when to pay
- All members are notified towards the end of a term about the start of a new term, the dates, the cost and when payment should be received via Our termly renewal of classes email. Payments for a term’s fees must be paid in full at the beginning of a new term. If You need to pay in two parts, that may be possible. A request should be sent to Annie Deadman at firstname.lastname@example.org. However, if You have taken advantage of a special promotional deal then the full price, as detailed in that promotion, must be paid in one lump sum.
- Payment is to be made by online bank transfer only, details of which will be supplied at time of booking and are available on our Site.
- There will be a 10% late payment charge added to class fees if payment is received after the date as determined by Us in Our termly renewal of classes email. Failure to pay this 10% late payment charge will result in you being removed from our class list (and thus unable to attend any classes) until full and correct payment, in accordance with these Terms and Conditions, is received.
- All prices of Fitness Classes are inclusive of VAT.
- Fitness, Health and Safety
- You acknowledge that the Fitness Classes will 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 negligent there is a risk of personal injury or illness arising from Your participation in such a Fitness Class.
- Certain Fitness Classes may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.
- You must ensure that you are fit and well enough to participate in any Fitness Class that You attend, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.
- 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.
- You agree that when You register and when You 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.
- When You request booking, or renewal, for a termly package (or pro-rata if You are a new customer) of Fitness Classes and 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.
- You must tell Us:
- of any medical condition or are taking any medication which may affect Your ability to undertake any activities at a Fitness Class or to use any equipment or facilities provided by Us.
- of any circumstances affecting Your health which may be worsened by any activities at a Fitness Class; and
- if you are pregnant, and if so whether You are in the first 3 months of Your pregnancy.
- If You do not tell Us before a Fitness Class of anything referred to in sub-Clause 8.6 or 8.7 that We then discover, We will be entitled not to provide some or all of that Fitness Class or any other Fitness Classes and to treat any such Fitness Classes (or the affected part of it/them) as cancelled by You without notice. We may also cancel any other remaining weeks in your termly package of Fitness Classes and in that case We will refund You for each full week of Fitness Classes remaining.
- You must not attend any Fitness Class when under the influence of alcohol or illegal drugs.
- You should arrive at least 5 minutes prior to the start time of a Fitness Class to ensure you are ready for the warm up. If You arrive later than a Fitness Class start time and You arrive after any warm-up for that Fitness Class has begun, We may not permit You to participate in the Fitness Class for health and safety reasons.
- You should not attempt to use any equipment until the We have instructed You in the correct use of the same.
- You may only use the equipment and facilities provided by Us in the correct manner and must not use them in any manner which is a health and safety risk either to You or to others.
- We do not permit You to:
- smoke anywhere on Our premises;
- bring to Our premises or the premises of which Our premises are a part any child/ren under the age of 10 without prior agreement with the Instructor as We do not have anyone to supervise them. If You do bring any child under the age of 16 they will remain Your sole responsibility during the Fitness Class and may not be permitted to be the same room due to health and safety reasons;
- bring any animals into Our premises or the premises of which Our premises are a part with the exception of guide dogs. If You require the use of a guide dog, You should inform Us of that when You register;
- bring any crockery, glass, drink (except water) or food into any part of Our premises. Only water either in a plastic or metal bottle is permitted in Our premises.
- You must be dressed appropriately for exercise with well fitting trainers suitable for the Fitness Class you are attending. Loosely swinging or sharp jewellery should be removed before a Fitness Class. If You do not comply with any of these dress requirements, We may not allow You to participate in the Fitness Class.
- You must familiarise Yourself with and follow any instructions or information which We give You from time to time or on any occasion relating to any fire or other emergency situation or to other issues relating to health or safety.
- We do not permit You to:
- Events beyond our reasonable control
- 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.
- If any event described under sub-Clause 10.1 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, request the missed Fitness Class to be carried forward over the following two weeks.
- Limitation of Liability
- 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.
- We provide or sell all Fitness Classes to You only for Your personal and private use/purposes. 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.
- 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
- 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. We therefore advise You not to bring any valuable belongings to Our premises.
- 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 misrepresentatio
- 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:
- the Consumer Rights Act 2015;
- the Regulations;
- the Consumer Protection Act 1987; or
- 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.
- 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.
- How We Use Your Personal Information (Data Protection)
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) 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. 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:
- all of the information described in Clause 14; and
- 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 Annie Deadman who can be contacted by email: email@example.com.
- 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.
- Law and Jurisdiction
- 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.
- As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- 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.
Annie Deadman Ltd
Updated May 2019