TERMS & CONDITIONS 1.1
These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be bound by them.
A. “Class” means a facility owned and operated by Claire's Fitness.
B. “Class Rules” means the rules and regulations governing the use of a Claire's Fitness Class.
C. “Claire's Fitness” “us” “we” and “our” means Claire's Fitness
D. "Member" "you" and "your" means on-going card payers, weekly or monthly members.
E. "PAR Questionnaire” –means the physical activity readiness questionnaire completed by you online.
A. Monthly subscription of entitles you to 5 classes per week and any additional free Masterclasses.
B. Weekly subscription entitles you to 5 classes for one week plus any additional free Masterclass that week.
C. First class free week is subject to availability and only one is available per person per year. You then have the option to sign up to monthly subscription.
A. You must be over the age of 16 to become a Claire's Fitness member.
B. You must complete the PAR Questionnaire before you start using your membership and by completing the PAR Questionnaire warrant to us that you have no known condition or are undergoing any treatment that would prevent you from being capable of physical exercise in all material respects.
C. On entry into this Membership Agreement and every time you enter a Claire's Fitness Class during your membership, you warrant and represent to Claire's Fitness that you have no medical conditions known to you that would mean that you are not capable of all forms of exercise and that such exercise will not be detrimental to your health. If in doubt, it is your sole responsibility to consult a medical practitioner or to not go to any classes/tell an instructor/cancel your membership.
D. Your membership allows you to access any Claire's Fitness class subject to availability, in accordance with the type of membership option that you have selected as set out above.
E. Your membership applies to you personally: you cannot lend, assign or transfer it to another person.
F. We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
G. We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you.
PAYMENT OF FEES
A. By joining up to our classes online, in person or over the phone, you are agreeing to be bound by these Terms and Conditions; you agree to pay all Claire's Fitness membership and other fees on time.
B. Paying monthly subscription by card: you have 7 days to decide whether or not you want to continue coming to the classes and to set up your payments. If you don't do this, you rClaire's Fitness account will be deleted. If you do, your second and subsequent payment will be collected from you on the monthly anniversary of the date you set up your payments.
C. Paying extra add on by card: When adding an Optional Extra to your membership, access is instant, and therefore a pro rata payment will be payable immediately by the card registered on your account to cover the time period between the date you add the package, to your next payment date.
D. Your membership fees are subject to periodic increases and we reserve the right to pass on any changes to you. Fees will normally be reviewed on an annual basis but circumstances may dictate an earlier revision. You will normally be given one months-notice of any fee change.
E. All payments made are non-refundable under any circumstances, except in relation to a cooling off period.
F. Freezing Period: Members can apply for a freezing period due to change in physical ability, pregnancy or loss of job. Each application will be looked on an individual case. This should be done in writing to head office (claire@claire's Fitness.co.uk).
CLASS AND WEBSITE USAGE RULES
A.The tools and information on the Claire's Fitness site are intended as an aid to weight loss, weight maintenance, and to improve health and do not offer medical advice.
B.If you suffer from, or think you may suffer from, a medical condition you should consult your doctor before starting a weight loss and/or exercise regime. If you decide to start exercising after a period of relative inactivity you should start very slowly and consult your doctor if you experience any discomfort, distress or any other symptoms. If you feel any discomfort or pain when you exercise, do not continue.
C. The tools and information on the Claire's Fitness site are not intended for women who are pregnant or breast-feeding, or for any person under the age of 16.
D. If you suffer from any food allergy, it is your responsibility to check the ingredients of food items.
E. Claire's Fitness uses information provided by manufacturers, producers and retailers and does not recommend or warranty any claims made for any product.
CLASS USAGE RULES FOR POP UP OUTDOOR CLASSES
A. We may cancel or suspend your membership without notice if you break these rules.
i. You must wear appropriate clothes and shoes to the classes. i.e. No jeans or flipflops are permitted.
ii. You must not put the health, safety or wellbeing of other members or our Claire's Fitness Instructor at risk.
iii. Allow other people to use your membership to attend classes.
iv. You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other class members or Claire's Fitness Instructor.
B. We may refuse admission to or ask you to leave the relevant class if Claire's Fitness reasonably believe that you have broken any section of this paragraph. No refund will be given if you are asked to leave a class in such circumstances.
C. We are not legally responsible for any possessions you lose or that are damaged or stolen at the venue by anyone unless we have been negligent.
D. If you have an accident or injure yourself at one of our classes you must report this to the instructor straight away.
WEBSITE USAGE RULES
A. We may cancel or suspend your membership without notice if you break these rules
i. Allow other people to use your Login to view your profile and other members information.
ii. You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other members or Claire's Fitness Employees.
A. In the course of your membership, Claire's Fitness may collect certain personal information about you including personal details, financial details and information about your health. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications via the website. You have the duty to keep your personal information up to date and to inform us of any significant changes.
B. Please contact the management if you have any questions or concerns about how Claire's Fitness will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
C. We reserve the right to take photographs/film of our classes (which may include you, provided your inclusion is incidental) for press and promotional purposes.
CANCELLATION BY YOU
Cancellation of your membership:
You can cancel your membership anytime, however part weeks cannot be refunded.
Cancellation by us:
A. We may cancel your membership without notice if you commit a material breach of this agreement including, but not limited to, a breach of the Class Rules, abuse or threatening behaviour or vandalism or other illegal activity.
B. We may cancel your membership with immediate effect if:
i. you have breached any terms and conditions of this agreement; or
ii. membership fees or other charges remain unpaid 2 days after the due date and such a breach is not remedied by you within two days, after being notified by us.
Suspension of your membership:
You may suspend your membership if you suffer illness or injury and are unable to participate in the classes purchased. In such cases we will credit your account with the amount of weeks lost.
A. For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of Claire's Fitness including but not limited to strikes, lock-outs or other industrial disputes (whether involving Claire's Fitness 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.
B. Claire's Fitness shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
C. If the Force Majeure Event prevents Claire's Fitness from providing any of the services for more than 30 days, Claire's Fitness may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you.
A. Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
B. Where a provision of this agreement is deemed to be invalid or unenforceable by any English Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
C. We may assign or transfer the benefit of this agreement our obligations under it, to any other legal entity at any time without notice to you.
D. All and any Intellectual Property Rights in or arising out of or in connection with the services provided or in relation to this agreement shall be owned by Claire's Fitness.
E. Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
F. Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
G. This agreement shall be governed by English law and the English courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it.