FITNESS FLOW TERMS AND CONDITIONS OF SUPPLY
1. THESE TERMS
These are the terms and conditions (“Terms”) on which we supply products and services to you, including fitness classes and sessions. Please read these Terms carefully before making a booking for a class or session with us.
Nothing in these Terms and Conditions affects your legal rights.
2. WHO WE ARE AND HOW TO CONTACT US
We are Fitness Flow, a provider of fitness and personal training services. If you have any questions or complaints about our services please contact us. You can contact us by calling us on 07834483853 or by emailing us at info@fitnessflow.co.uk (“our website”).
If we have to contact you we will do so by telephone or by writing to you by email, at the telephone number or email address you have provided to us.
3. OUR CONTRACT WITH YOU
Our acceptance of your request for booking a class or session will take place when confirm that we have accepted your payment for the class or session, at which point a contract will come into existence between you and us.
If we are unable to accept your request for a booking of our services for any reason, we will inform you of this and will not charge you for the services.
We are not obliged to accept a request for booking our services and we do not accept requests for providing classes or personal training services outside the UK.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your booking please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. OUR RIGHTS TO MAKE CHANGES
We may make changes to our services or these Terms that may affect your use of the services, including changing class or session times. We will notify you in advance of any changes to classes or sessions that you have booked. If you do not agree to the changes, then you may contact us to end the contract and receive a full refund before the changes take effect.
6. PROVIDING THE SERVICES
Our services include the following:
Personal Training (“PT”):
Small Group Personal Training (“SGPT”):
Pilates, Yoga and Fitness Classes (“Classes”):
We will supply the services to you for the time period set out in your booking.
We will supply the services at our studio premises at UNIT 1, 184-186 Oakleigh Road North, London, N20 0UA, UK (“our studio premises”) unless otherwise agreed in writing.
All payments for the services must be made in advance, via our website.
If you have not booked and made payment in advance we are not required to allow you entry to a class or session. Payment may not be made at the door.
You may not bring any visitors with you to a class or session (unless they have booked and paid for the class or session that you are attending).
All of our services are non-transferable.
You must follow the instructions of the instructor or training provider at all times and may not vary from instructed exercises.
You are strongly recommended to consult with your GP prior to commencing any exercise.
If you have any chronic disabilities or conditions, you should not use our services or participate in any classes or sessions.
We may require you to complete and sign a Physical Activity Readiness Questionnaire (“PAR Q”). You must provide us with complete and accurate information when completing the PAR Q. If any information is incomplete or inaccurate we may end the contract.
We may require you to sign a waiver before attending any classes or sessions.
All injuries, whether major or minor, and/or illnesses must be reported to the instructor or training provider before the start of any class or session. We may require you to provide a written medical clearance from your GP or medical specialist prior to participating in a class or session.
Children under the age of 18 years may attend classes and sessions if we expressly authorise this. We may require children to be accompanied by a parent or guardian.
If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
We may have to suspend the services, for example due to ill health of an instructor or personal trainer. We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the start of a class or session for longer than 30 minutes we will adjust the price so that you do not pay for services while they are suspended, or we will offer you an alternative class or session.
7. CLASSES
All Classes must be booked at least 6 hours in advance.
Class times are listed on the schedule on our website.
Classes will start and finish at the scheduled time, even if you do not arrive on time for your booked Class.
You should arrive at least 5 minutes before the scheduled start time for your Class. If you are not physically present and have not signed in within 5 minutes of the scheduled start time for your Class, then your space may be released to another individual on the waitlist for that Class.
You may contact us at any time to cancel or reschedule a Class on at least 24 hours’ written notice. Classes must be cancelled online via our website. No refunds will be given for any Classes unless you cancel the Class more than 24 hours prior to the scheduled start of the Class.
If you wish to reschedule a booked Class (on at least 24 hours written notice) we will use our best endeavours to accommodate your request for another booking at an alternative Class, but we cannot guarantee that space in a specific Class will be available. We will offer you a space at the next available Class.
We may have special offers from time to time that allow you to purchase Classes in a bundle. You may choose to book any of the Classes specified in the special offer, that are scheduled weekly by Fitness Flow. You are not entitled to use your bundle to book or participate in any other classes offered by Fitness Flow (for example, if you purchase a bundle of Pilates Classes, you may not use this offer to book or participate in Yoga Classes).
8. PERSONAL TRAINING
All PT sessions are 60 minutes, unless otherwise arranged with us.
You may purchase block bookings for PT. Please take note of the expiry date of your block booking. The expiry date cannot be changed or extended.
If you have purchased a PT block booking, you are entitled to participate in PT sessions at our studio premises at a time slot agreed with us, at any time before the expiry of the time period of the block booking.
You may contact us within 24 hours of booking a PT block booking to cancel it and obtain a full refund. Thereafter, no refunds will be given for PT block booking unless you have a good reason (for example long term illness, life changing medical event, pregnancy or serious injury) in which case we may provide a refund within our sole discretion.
You may contact us at any time to reschedule a PT session on at least 24 hours’ notice prior to the scheduled start of the session. We will use our best endeavours to accommodate your request for an alternative session, but we cannot guarantee that a mutually suitable session will be available. No refunds will be given if you are unable to reschedule a session.
PT sessions will start and finish at the scheduled time, even if you do not arrive on time for your booked PT session.
You should arrive at least 5 minutes before the scheduled start time for your PT session. If you are not physically present and have not signed in within 15 minutes of the scheduled start time for your PT session, then your session may be cancelled and no refund will be given for the session.
We will notify you if your instructor or personal trainer is planning a holiday or extended absence. Your personal trainer will discuss alternative arrangements with you and you will be allocated another personal trainer in his or her absence.
We will require you to provide us with all necessary information in order to ensure that we can plan and assist you in achieving your fitness goals. If any information provided is incorrect or inaccurate we may end the contract.
9. SMALL GROUP PERSONAL TRAINING
You may contact us within 24 hours of booking a SGPT package to cancel it and obtain a full refund. Thereafter, no refunds will be given for SGPT unless you have a good reason (for example long term illness, life changing medical event, pregnancy or serious injury) in which case we may provide a refund within our sole discretion.
You may contact us at any time to reschedule a SGPT session on at least 24 hours’ notice prior to the scheduled start of the session. We will use our best endeavours to accommodate your request for an alternative session, but we cannot guarantee that space in a specific session will be available. We will offer you a space in the next available session. No refunds will be given if you are unable to reschedule a session.
SGPT sessions will start and finish at the scheduled time, even if you do not arrive on time for your booked SGPT session.
You should arrive at least 5 minutes before the scheduled start time for your SGPT session. If you are not physically present and have not signed in within 15 minutes of the scheduled start time for your SGPT session, then your session may be cancelled and no refund will be given for the session.
We will notify you if your instructor or personal trainer is planning a holiday or extended absence. Your personal trainer will discuss alternative arrangements with you and you will be allocated another personal trainer in his or her absence.
We will require you to provide us with all necessary information in order to ensure that we can plan and assist you in achieving your fitness goals. If any information provided is incorrect or inaccurate we may end the contract.
The SGPT programme is designed to assist you in achieving your fitness goals. You are therefore expected to attend every session, or your goals may not be achieved. We do not guarantee results.
10. PERSONAL BELONGINGS AND USE OF STUDIO PREMISES
When using our services you should wear loose-fitting, non-restrictive, comfortable clothing, and comfortable, supportive footwear, appropriate for exercise.
You agree that Fitness Flow is in no way responsible for the safekeeping of your personal belongings while you are present at our studio premises. You assume all risk of loss or damage to any of your personal belongings.
No food or drink, and no glass containers or cutlery may be brought into the studio premises.
No pets (with the exception of guide dogs) are permitted in the studio premises.
There is a parking space outside the entrance to our studio premises, which you may use if it is not already in use. You may not park in Vic Smith Beds car park before 6pm.
The fire exit to our studio premises is clearly marked, and in the interests of safety you must not interfere with the fire exit door for any reason.
In the event of a fire, if you are on-site at our studio premises, you will be asked to make your way to the fire exit and you agree to follow these instructions.
11. CORPORATE CLIENTS
This section only applies to corporate clients.
If you have asked us to provide the services at your property (and we have agreed to do so) and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not allowing us access to your property as arranged. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract. In these circumstances we will not refund any monies that have been paid in advance for block bookings.
12. PRICE AND PAYMENT
The price of the services will be the price set out on our website.
We may increase the price of our services from time to time. We will endeavour to give you at least 10 days notice of any increase in prices. By making a booking for our services you agree to our increased prices.
Full payment for all bookings must be made in advance, prior to the start of a class or session or prior to the start date of a block booking or course, as the case may be.
Payment must be made online via our website, with a valid debit or credit card. Your card details (including your name, card number and expiry date) will be stored by our payment processor for future payments processing. Please advise us in writing if you do not consent to our payment processor storing this information.
We do not accept cash payments.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
You acknowledge and agree that you are voluntarily choosing to participate in a programme of intense physical exercise and you acknowledge that:
There are inherent risks and dangers in the strenuous nature of fitness classes and sessions including without limitation Classes, PT, SGPT programmes.
Some of these risks and dangers cannot be eliminated regardless of the care taken to avoid injuries.
The specific risks vary from one activity to another, but may include: (i) minor injuries such as scratches, bruises and sprains, (ii) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, concussion and (iii) catastrophic injuries including paralysis or death. At all times you agree to comply with all stated and customary terms, posted safety signs, rules and verbal instructions given to you by instructors, trainers and staff of Fitness Flow.
In acknowledging and agreeing the above, you agree to assume full responsibility for any and all injuries or damage which are sustained by you, or any pre-existing injuries or conditions which are aggravated by you as a result of undertaking a class or session with us.
You represent and warrant that:
you have no medical or physical condition that would prevent you from properly using any of our services including participating in Fitness Flow’s classes or sessions;
you do not have a physical or mental condition that would put you in any physical or medical danger; and
you have not been instructed by a GP or other medical specialist to not participate in physical exercise.
You release and hold us harmless from, and indemnify us and all of our employees, agents and subcontractors from all and any responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities to the fullest extent allowed by law arising out of or in any way related to your participation in Fitness Flow’s classes or sessions.
We are not liable to you for any loss or damage whatsoever, save for foreseeable loss or damage that you suffer as a direct result of our failure to comply with these Terms or our failing to use reasonable care and skill in providing the services.
We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation.
If we are providing services at your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website.
15. PHOTOGRAPHS AND VIDEO
Where you have given us your express written consent, you agree that we may take your photograph and/or video and we may share your photographic image and/or video on our social media accounts or in our marketing literature.
We will never share your photographic image or video without your prior consent.
16. OTHER IMPORTANT TERMS
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
These Terms (and any non-contractual disputes or claims regarding these Terms or their subject matter) are governed by English law and you can bring legal proceedings in respect of the services in the English courts.