Get Fit 121 of 64 Firmstone Road, Winnall, Winchester, Hampshire provides its fitness training sessions on the terms and conditions set out on this page.
Because these terms and conditions will govern our relationship, it is important that you read them carefully and fully understand them before participating in any fitness training with Get Fit 121. Please note, in particular, our exclusion and limit of liability at paragraph 7 and what you need to do if you want to cancel your membership at paragraph 9. If you have any questions regarding these terms and conditions please contact us.
1 The meaning of some words used in these terms and conditions
'we', 'us'or'our' is a reference to Get Fit 1to1 of 64 Firmstone Road, Winnall, Winchester, Hampshire;
'you' or 'your' is a reference to the person to whom we are providing Fitness Training;
'Fitness Training' means a fitness training session provided by us [for example, Mum and Baby Fit; Commando Fit;
‘Training Timetable’ means the schedule setting out the dates, times and locations of the Fitness Training. Please click to view the Training Timetable
2 When these terms and conditions apply
These terms and conditions apply to any Fitness Training, fitness advice or help that we provide to you at any time
3 The contract between you and us
A contract between you and us, which includes these terms and conditions, will come into being when you offer to become a Get Fit 1to1 member and we accept your offer. Unless we agree something different with you, you offer to be a member by visiting the membership page of this website, [selecting the type of Fitness Training you want to attend and setting up a sending your first monthly payment to us via PayPal. We indicate our acceptance of your offer (and create a contract) by either sending you an email confirming your membership or allowing you to participate in Fitness Training (whichever happens sooner).
4 Providing the Services
Once we have entered into a contract (as described in paragraph 3 above) you may attend any of the sessions provided in relation to the type of Fitness Training you have chosen. The times, dates and locations of Fitness Training are set out in the Training Timetable. Occasionally we may need to provide the Fitness Training at alternative dates, times or locations to those set out in the Training Timetable. We will always try to give you advanced notice of any temporary changes to the Training Timetable where we are reasonably able to do so. If we make a significant change to the Training Timetable you can cancel your contract with us in accordance with paragraph 9 and we will refund you any part of your membership fee for the period since the change was in force or, if later, the last time you attended a session.
Our aim is to always provide you with Fitness Training:
- using reasonable care and skill;
- in compliance with commonly accepted practices and standards in the fitness training industry;
- in compliance with all relevant laws and regulations in force at the time we are carry out the Fitness Training.
We may, from time to time, use other suppliers to provide elements of Fitness Training. These suppliers are vetted by us and their standard of service will be no less than the standard you expect from us. We remain responsible to you for the actions or inactions of any supplier who provides you Fitness Training on our behalf.
5 Situations outside our reasonable control
There are certain situations or events which occur which are not within our reasonable control (some examples are given below). Where one of these occurs we will normally attempt to recommence performing the Fitness Training as soon as the situation which has stopped us performing the Fitness Training has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Fitness Training.
The following are examples of events or situations which are not within in our reasonable control:
- where weather conditions make it impossible or unsafe for us to perform Fitness Training;
- where access to the location where Fitness Training is to be held is impeded;
- trainer absence and where, despite using reasonable efforts, we are unable to find a suitable replacement trainer;
- for other some unforeseen or unavoidable event or situation which is beyond our reasonable control.
If the delay in us recommencing providing the Fitness Training will be excessive then we will offer you the option of either:
- continuing to wait until we are able to recommence providing the Fitness Training. If you are required to make any payments during this period then we will not require you to make any of the payments required until we are able to recommence providing the Fitness Training; or
- allowing you cancel the contract between you and us by notifying us (you will not be required to give us 30 days’ notice). If you choose this option then you will only have to pay for any period during the month where the Fitness Training was available to you.
6 Membership fees and payment
The current membership fees are listed on the membership page of our website. Unless we agree with you otherwise, payment of membership fees is normally made monthly in advance via PayPal from your nominated account. The membership fee includes all applicable taxes and charges. We may increase our membership fees from time to time but if we decide to do so we will let you know in advance. If you do not wish to accept an increase in membership fees you may cancel your contract with us by giving 30 days’ written notice. If you decide to give this notice you must continue to pay the membership fees at the rate current immediately prior to any proposed increase until the end of the 30-day notice period. We will refund any membership fees that you have paid for any period after the expiry of the notice.
[The following is an example of how our membership fee charging structure works: You pay for your chosen Fitness Training monthly in advance by PayPal (unless we agree otherwise). Once you have paid for the month you can attend as many training sessions of your chosen Fitness Training in that month as you wish. Payment does not entitle you to attend any other types of Fitness Training sessions but, if you would like to try an alternative session, please let us know as we are often happy to provide free of charge taster sessions.
7 LIABILITY
IN THIS PARAGRAPH 7 ANY REFERENCE TO ‘WE’, ‘US’ AND ‘OUR’ INCLUDES US AND OUR EMPLOYEES, AGENTS AND SUPPLIERS.
WE WILL COMPENSATE YOU FOR ANY LOSS OR DAMAGE YOU MAY SUFFER IF WE FAIL TO CARRY OUT OUR OBLIGATIONS UNDER OUR CONTRACT WITH YOU OR FAIL TO DO SO TO A REASONABLE STANDARD OR BREACH ANY DUTIES IMPOSED ON US BY LAW EXCEPT WHERE SUCH FAILURE, LOSS OR DAMAGE IS ATTRIBUTABLE TO:
- YOUR OWN FAULT; OR
- A THIRD PARTY UNCONNECTED WITH OUR PROVISION OF FITNESS TRAINING; OR
- EVENTS WHICH NEITHER WE NOR OUR SUPPLIERS COULD HAVE FORESEEN OR FORESTALLED EVEN IF WE HAD TAKEN ALL REASONABLE CARE.
WE DO NOT EXCLUDE OR LIMIT LIABILITY FOR OUR NEGLIGENCE OR BREACH OF STATUTORY DUTY WHICH CAUSES YOU PERSONAL INJURY OR DEATH.
YOU ARE RESPONSIBLE FOR ENSURING THAT YOU ARE PHYSICALLY ABLE AND PROPERLY EQUIPPED TO UNDERTAKE FITNESS TRAINING OUTDOORS OR AT YOUR CHOSEN FITNESS LOCATION.
8 Cancellation by us
We may cancel our contract with you immediately upon sending you written notice in the following circumstances:
- if you commit a serious or repeated breach of the contract or our membership rules;
- if any part of your membership fee remains unpaid 30 days after its due date for payment; or
- if you provide us with details which you know to be false when applying for membership and the false declaration would have reasonably affected our decision to grant you membership.
If we cancel for any of these reasons, we will refund any part of your membership fee which you have paid in advance but relates to a period after our contract is cancelled. We reserve the right to retain a proportion of the membership fees you have paid to us, to cover any reasonable costs incurred.
9 Cancellation by you
You may cancel your contract with us at any time on 30 days’ notice in writing to us. Your membership will end on the 30th day following the day on which you sent the notice to us. You can attend Fitness Training up to and including that day.
If you cancel we will refund any part of your membership fee which you have paid in advance which relates to the period after our contract is cancelled.
10 Contacting each other
If you wish to send us any notice or letter then it needs to be sent to 64 Firmstone Road, Winchester, Hampshire, SO23 0PA and should be marked for the attention of Membership Department. If we wish to send you a letter or notice we will use the email or address you have given in your Paypal membership form.
11 Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
12 Law and jurisdiction
Severance Clause
If any provision of the contract between us is found by a court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of the contract between us which shall remain in full force and effect.
The contract between you and us shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.