Beattitude – Terms of Service

1.1 Welcome to Beattitude. Our full company name is Beattitude(referred to in these terms as BA, we, us or our). Our registered company number is 8788819 and our registered address is at 669 Garratt Lane, Earlsfield, London, SW170PB. Our VAT registration number is 212348833. Our website is www.beattitude.club
1.3 These terms and conditions (Terms), together with the other documents referred to in clause 1.7 below, govern the basis on which we provide access to our studio, Sessions (as defined below) and fitness services (Services). Please read these Terms carefully before you start using our Services.
1.4 If you use our Services you agree to be bound by these Terms. These Terms form a legally binding contract between you and us, and govern your use of the Services. If you do anything in breach of these Terms we may terminate your account and right to receive our Services.
1.5 We may change these Terms from time to time. If a revision is material we shall, at our discretion, notify you. If you continue to use our Services after any revisions take effect then you will be taken to have agreed to the revised Terms. These Terms were last updated on 26th May 2016
1.6 We may change the features of our Services from time to time. We do not guarantee that any particular Services will be made available.
1.7 In addition to these Terms, the following additional terms also apply to your use of our Services (and are, where relevant, incorporated by reference into these Terms):
(a) our Website Terms of Use;
(b) our Privacy and Cookies Policy; and
(c) any other notices or rules displayed in our facilities or which we notify you of from time to time.
Services
2.1 Services that BA offer are:
(a) Classes
(b) Personal Training
(c) Programs and Assessments
2.2 All terms and conditions to each service are written in this document.
Registering an Account
3.1 To register an account and use our Services you must:
(a) be an individual;
(b) be 18 years old or older or, if you have your parent or guardian’s written consent, be aged between 16-18;
(c) confirm that you have no health problems which may affect your participation in using any of our Services (see clause 10.1 for further information); and
(d) agree to comply with these Terms.
3.2 You must sign up with us (either via our Website, Mindbody account or in our studio) in order to use our Services. When signing up, you must provide:
(a) your full name;
(b) a valid and subsisting email address;
(c) a password for accessing your account on the Website;
(d) your address;
(e) Emergency Contact information
(f) Gender
(g) details of your bank account or debit/credit card you wish to use to purchase Sessions (which is shared directly with MindBody our payment provider); and
(f) any other information reasonably requested by us as part of the signup process.
3.3 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. You must ensure the information in your account is updated regularly with any relevant changes.
3.4 We reserve the right in our absolute discretion to refuse to register any given prospective user.
Purchasing and using sessions
4.1 Class sessions
4.1.1 There are no sign-up fees. At BA we ensure you get maximum value for each minute you spend in one of our classes.
4.1.2 All of the class Sessions we offer are either 30, 45 or 60 minutes long. To sign up for a Session you will need to ensure you have the requisite Sessions credit in your account.
4.1.3 To enable monthly paying members to book past their DD date, we have an unpaid sign up option. It is the client’s responsibility to check their class credits left in the current month. If they have gone over their class allowance during that current month they will be asked to purchased the extra class(s) to balance their account. S/WF will not allow the credits to be take from the following month as requisition for the unpaid sign up. S/WF work with Mindbodyonline, a service which offers this unpaid option to enable clients to book classes.
4.1.4 You can purchase Sessions on our Website or directly from us in the studio. Details or our latest prices can be found on our Website or from a member of staff. We reserve the right to change our prices for Sessions from time to time at our discretion although this will not affect any purchases of Sessions you have already made.
4.1.5 Subject to clause 8.1 which outlines your consumer rights, all charges for the purchase of Sessions are non-refundable.
4.1.6 You may not transfer Sessions to another user
4.1.7 You may never use another person’s account without permission.
4.1.8 Pay as you go pack payments have an expiry detailed below. If the user has not used their class credits by the details expiry times, class credits will be lost. Clients may extend the pack subject to clause 4.1.9.
PAYG4 pack has an expiry of 6 weeks from the purchase date
PAYG10 pack has an expiry of 12 weeks from the purchase date
4.1.9 If you wish to expend our Pay as you go packs past their expiry date, a charge of £10 will be required to expend the pack for another 4 weeks from the date the extension is applied. This can only be used once per pack, and the user must contact us within 1 month past the packs original expiry date to be able to extend the pack a further 4 week. After which time this offer will not be available and the user must purchase a new pack of classes.
4.1.10 Monthly memberships are allocated their class credits every month on the same date that the Direct debit / membership was set up. Class credits expire at the end of each month by which the client cannot use in the following month.
4.1.11 Transfer of class credits from one month to another can be done at the discretion of BA on a case by case, individual bases, if the user provide sufficient reasoning to why a transfer is required.
4.1.11 By signing up for a monthly memberships the user agrees to the terms of our monthly membership minimum 3 months contract length. Users agree to the terms;
(a) They will be purchasing a 3 month membership with monthly payment instalments; after which
(b) The contract will be month by month rolling until the user notifies S/WF of the request to terminate
4.1.12 Payment for all orders processed on the Website must be made by credit or debit card on the checkout page using our payment provider MindBody, which accepts payment from most major credit and debit cards. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
4.1.13 If a user has a declined payment, their account will be put on hold until such payment has been paid. The user’s account will then be taken off hold.
4.2 Personal Training Sessions
4.2.1 There are no sign-up fees for Personal training at BA
4.2.2 All of the personal training sessions that BA we offer 60 minutes long, minimum and maximum. To attend a personal training session you will need to ensure you have the requisite Sessions credit in your account.
4.2.3 Personal training sessions are paid upfront of any training done.
4.2.4 You can purchase Sessions on our Website or directly from us in the studio. Details or our latest prices can be found on our Website or from a member of staff. We reserve the right to change our prices for Sessions from time to time at our discretion although this will not affect any purchases of Sessions you have already made.
4.2.5 Subject to clause 8.1 which outlines your consumer rights, all charges for the purchase of Sessions are non-refundable.
4.2.6 You may not transfer Sessions to another user
4.2.7 You may never use another person’s account without permission.
4.2.8 Pay as you go pack payments have an expiry detailed below. If the user has not used their class credits by the details expiry times, class credits will be lost. Clients may extend the pack subject to clause 3.6.
PAYG10 pack has an expiry of 12 weeks from the purchase date
PAYG20 pack has an expiry of 24 weeks from the purchase date
PAYG30 pack has an expiry of 36 weeks from the purchase date
4.2.9 If you wish to expend our Pay as you go packs past their expiry date, a charge of £50 will be required to expend the pack for another 4 weeks from the date the extension is applied. To extend the pack you must clearly inform us, preferably:
(a) in writing via email or letter, giving us your name, address and any order reference.
4.2.10 Monthly memberships are allocated their personal training credits every month on the same date that the Direct debit / membership was set up. Personal Training credits expire at the end of each month by which the user cannot use in the following month.
4.2.11 If the user is unable to attend personal training sessions due to circumstances out of your control (determined on a case-by-case basis by our administration), we can offer you an extension on your direct debit date or a transfer of personal training credits to the following month. To do this the user must clearly inform us, preferably:
(a) in writing via email or letter, giving us your name, address and any order reference.
4.2.12 If personal training sessions what not been paid up front, BA reserve the right to withhold any training sessions until payment has been received.
4.2.13 By signing up for a personal training monthly memberships the user agrees to the terms of our monthly membership minimum 3 months contract length. Users agree to the terms;
(a) They will be purchasing a 3 month membership with monthly payment installments; after which
(b) The contract will be month by month rolling until the user notifies BA of the request to terminate.
4.3 Creche Sessions
4.3.1 The creche membership is for both PAYG and Monthly members .
4.4 Programs and Assessments
4.4.1 There are no sign-up fees for program and assessment at BA
4.4.2 All of the personal training sessions that BA we offer have limited class sessions attached. To attend any classes or assessments you will need to ensure you have the requisite Sessions credit in your account.
4.4.3 All Programs and assessments are paid upfront of any training done.
4.4.4 You can purchase programs and assessments on our Website or directly from us in the studio. Details or our latest prices can be found on our Website or from a member of staff. We reserve the right to change our prices for Sessions from time to time at our discretion although this will not affect any purchases of Sessions you have already made.
4.4.5 Subject to clause 8.1 which outlines your consumer rights, all charges for the purchase of assessments and programs are non-refundable.
4.4.6 You may not transfer Sessions to another user
4.4.7 You may never use another person’s account without permission.
4.4.8 Programs and assessments have an expiry time relevant to each service. To find out the expiry date the user must contact our staff.
4.4.11 If the user is unable to attend any program or assessment due to circumstances out of your control (determined on a case-by-case basis by our administration), we can offer you an extension on your direct debit date or a transfer of personal training credits to the following month. To do this the user must clearly inform us, preferably:
(a) in writing via email or letter, giving us your name, address and any order reference.
4.4.12 If any program or assessment not been paid up front, S/WF reserve the right to withhold any training sessions, classes or assessments until payment has been received.
Freezing memberships
5.1 Users may freeze any monthly class or personal training memberships twice in one year. The total months that the user may freeze their membership in one year is 3 months.
5.2 To freeze a membership the user must clearly inform us, preferably:
(a) in writing via email or letter, giving us your name, address and any order reference.
5.3 S/WF will notify the user of their frozen membership along with their re-start date by when their next payment will be taken.
5.4 A Monthly membership may be frozen up to one month during the users initial minimum three month contract. Terms of this are:
(a) the user agrees that they will pay for three full month membership taking their initial minimum sign up agreement to four consecutive months, with one month frozen at no cost.
Switching Memberships
6.1 A Member may apply to change to a different Membership type.
6.3 A Member cannot transfer any credits (personal training or class sessions) to a monthly membership or vice versa
6.4 To switch a membership the user must clearly inform us, preferably:
(a) in writing via email or letter, giving us your name, address and any order reference
6.5 A member is able to upgrade or downgrade without prejudice to the membership types or length subject to clause 4.2.11 which states a monthly membership must have three months payment therefore a downgrade to a pay as you go membership within the first 3 months is breach of terms and conditions.
6.6 A member may not switch to a Pay as you go membership within their first three months membership sign up.
6.7 A member may upgrade during the initial 3 month membership contract, but not downgrade.
Booking and Cancelling a Session
7.1 The user can sign up for Sessions on our Website or in our studio. Sessions are booked on a first-come, first-served basis. Details or our latest Sessions timetables and can be found on our Website or in the studio.
7.2 We ask that users arrive for a Session at least 5 minutes prior the Session’s allotted start time. If a user is not present at least 5 minutes prior to the start of the Session, we reserve the right to release their place to another user.
7.3 We ask that user that have booked in for the creche arrive 10 minutes the sessions allotted start time. If a user is not present at least 10 minutes prior to the start of the session, we reserve the right to release their place to another user. This is to ensure all classes run on time and health and safety of both the creche and fitness facilities are followed. If the user is not at the sessions allotted start time we do reserve the right to not allow the user into the class if it is going to disrupt the other members.
7.4 If a Session is full a user can add their name to the waiting list. The mindbody system will text or email the user to notify them if any spaces become available. Upon receipt of such notice the user will need to sign up for the Session by texting ‘Y’ to the text message they receive, or in the normal way on the website.
7.5 The user may cancel or re-schedule their participation in a Session at any time up to 2 hours prior to the Session beginning. You can make such a cancellation on the Website by logging into your account and following the instructions, by phone, app or in the studio. Users will be charged for a Session where a cancellation or rescheduling of the Session is not made within 2 hours of the Session’s start time.
7.6 We endeavour not to make changes to our Sessions where possible, but we reserve the right at our absolute discretion to do so including, without limitation, by changing the instructor taking the Session.
Refunds Policy
8.1 You may cancel a purchase of membership, either a program, personal training package or monthly membership at any time within a 7 day “cooling-off” period starting the day after the date of purchase. To cancel a purchase of Sessions you must clearly inform us, preferably:
(a) in writing via email or letter, giving us your name, address and any order reference
8.2 We will confirm your cancellation in writing via email.
8.3 If you cancel an order under 8.1 above before using any credit for Sessions then we will refund the full purchase of Sessions to you.
8.4 If you cancel an order under 8.1 above and you have already used some of those Sessions, then Sessions you have used will be deducted from any refund due to you on a pro rata basis plus an administration charge of £10. We will tell you how many Sessions you have used when you contact us.
8.5 We will process a refund as soon as possible and, in any case, within 14 days of receipt of your cancellation request provided in accordance with clause 10.1 above. We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.
8.6 Refunds will not be given under any other circumstance than clause 8.1 unless a doctor’s note is provided.
Closing your account and cancelling your memberships
9.1 If you wish to close your account you may do so on the Website or by contacting us. Please note that, subject to clause 10.1 above, all purchases of Sessions are non-refundable.
9.2 We may close your account if we believe that you breach any of these Terms.
9.3 Cancellations of monthly memberships must be done by the user within 7 days of their next Direct debit payment. If the user does not contact BA within this time period of their next direct debit date, they will be charged and the following months direct debit terminated.
9.4 To cancel a monthly membership the user must clearly inform us, preferably:
(a)in writing via email
(b)in writing via letter
Giving us your name, address, reason for termination and any order reference.
Your Health and Wellbeing
10.1 You must, at the time of registering and whenever using our facilities and Services, be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences as a result of use of our facilities or Services.
10.2 You acknowledge that Sessions involve intense physical exercise and you accept that it is your sole responsibility to ensure that you are able to participate in a Session. If you have any injury that may prevent full participation you should discuss this with the instructor before the Session begins. Any advice from our instructors does not constitute medical advice, and we strongly recommend that you consult a qualified healthcare professional prior to commencing a Session if you have any concerns about your health or wellbeing.
10.3 You are required to follow the instructions of instructors at all times during a Session. You may not train or coach other users of our Services at our facilities or offer to do so.
10.4 Proper athletic attire and footwear must be worn when using our facilities and Services. We reserve the right to refuse you access to our Services and facilities if you are not wearing appropriate clothes.
10.5 Smoking is not permitted in our facilities.
11 Personal Belongings and Safety
11.1 In studio shelving is provided solely for the benefit of people using our Services. You may not keep personal belongings on the shelving overnight. We reserve the right to remove any articles left in a shelving overnight. You may claim any of your contents that we have removed from the reception desk for up to one week after removal. After this time we will not be responsible for any content we remove from the shelving unit.
11.2 Any personal belongings brought into our facilities are at your own risk and we do not accept liability for loss or damage to those items whatsoever.
12 Third Party Service Providers
12.1 Our Site may contain links to third-party sites that are not owned or controlled by S/WF. S/WF has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you
12.2 You acknowledge and agree that:
(a) we shall not be responsible for any act or omission of a third party provider;
(b) we do not endorse the goods or services made available by a third party provider or that their product and services will remain available for any period of time;
(c) if you choose to purchase goods or services from a third party provider:
(i) that will be on the basis of a contract between you and the third party provider alone, on the terms agreed between you and the third party provider; and
(ii) we shall not be a party to that contract and neither shall we be responsible in any way for the performance of that contract by the third party provider or for the quality or safety of any such goods or services sold by the third party provider;
(d) in the event of a problem with any product or service purchased by you from a third party provider, all queries should be directed to the third party provider concerned
Data protection and privacy (for further details see: ‘Privacy & Legal’
10.1 We are committed to protecting your privacy. Use of your personal information is governed by our Privacy and Cookies Policy, which is incorporated into these Terms.
14 Our liability
14.1 Nothing in these Terms shall exclude or limit our liability to you:
(a) for death or personal injury caused by our negligence;
(b) for fraudulent misrepresentation; or
(c) for any other liability that may not, under English law, be excluded or limited.
14.2 You acknowledge that by using our Services you have voluntarily chosen to participate in strenuous physical exercise. You accept that there are inherent risks and dangers in performing exercises of the nature that we offer as part of our Services, and that some of these risks cannot be eliminated regardless of the reasonable care taken to avoid injuries. We strongly recommend that you consult your doctor prior to commencing any Session.
14.3 Subject to clause 14.1, we shall not be liable to you (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason) for any loss or damage which arises as a result of:
(a) a third party unconnected with our Services under these terms;
(b) any circumstance for which you are at fault; or
(c) any circumstance which we cannot reasonably be expected to control.
14.4 You are solely responsible for protecting your account login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.
General
15.1 You may not sub-license or assign any of the rights or obligations under these Terms.
15.2 We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.
15.3 Subject to 14.1, these Terms and any other terms expressly referred to in them represent the entire agreement between you and us in relation to their subject matter.
15.4 All notices given by you to us or vice-versa must be given by email or in writing to the address set out in clause 16. We may give notice to you at either the email or postal address you provide to us when placing an order.
15.5 If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.
15.6 If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.
15.7 No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the agreement between us.
15.8 These Terms are governed by English law. We both agree to submit to the non-exclusive jurisdiction of the English court, provided that if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
15.9 Upon any membership purchase, the user consents to having their photograph taken at any time whilst using the facilities, excluding changing rooms and nutritional program individual photographs. BA reserves the right to use any such photographs for press and/or promotional purposes.
15.10 If any individual photos are used from any program, BA must acquire written consent to use any such photographs for press/or promotional purposes.
15.11 If any user is seen or heard giving verbal or physical abuse to members of staff or other users, their membership will be terminated immediately
Contacting us
16.1 Please submit any questions you have about these Terms or any problems concerning our Services and their use to us by:
(a) email at reception@beattitude.club;
(b) phone at 07712150446; or
(c) post at 669 Garratt Lane, Earlsfield, London. SW170PB
Gym Etiquette
17.1 Users agree to wear appropriate footwear and clothing at all times whilst at S/WF.
17.2 Users agree to ensure good body hygiene. If any users poor hygiene is noticed and complained to by others users, management have the rights to talk to and ask the user to improve this without prejudice or complaint from the user in question.
17.3 Users and not allowed to bring a gym bag or other personal belongings onto the fitness floor.
17.5 If your child/baby is crying for longer than 10 minutes, you must see to him or her.