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FIRSTLY :-
Thankyou for choosing Getfit121 as your fitness provider. Your Fitness membership will include unlimited use of our classes. You can pay monthly by simply following our step by step guide, remember if you do not have a paypal account complete step 1 first. If you have a paypal account please go straight to step 2. You will be redirected to our online Paypal account site. A confirmation email will be sent to you confirming your transaction. If you experiance any problems please contact us on the link below or call 07883355121.
If you are experiancing problems Click Here.
Simply select your class and then press subscribe below. You can pay by card or by paypal account. Please start a paypal account when asked if you do not have one to ensure your membership is continous. By subscribing you are agreeing to our terms and conditions below.
GETFIT121
TERMS AND CONDITIONS OF BUSINESS
GENERAL
These conditions will apply to any contract (“the Contract”) between Simon Weatherall trading as Getfit 1to1 of 64 Firmstone Road, Winnall, Winchester, Hampshire (The Provider) and the Customer as defined in the attached schedule. No variations or additions shall be effective unless agreed by the Provider in writing. Any terms or conditions in a Customer’s order which have not been agreed by the Provider in writing shall have no effect.
1. Services
1.1. The Provider will provide to the Customer services, the extent and manner of delivery of which are set out in the attached schedule.
1.2. The Provider may delegate any duties or obligations arising under this agreement.
2. Fees
2.1. The fees payable by the customer are set out in the attached schedule.
2.2. All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes.
2.3. Any VAT or other duties or taxes payable in respect of such sums shall be payable in additions to such sums.
2.4. There will be no reimbursement of fees for missed sessions unless caused through injury or illness and only then at the discretion of the Provider and if agreed in writing.
3. Payment
3.1. The Customers shall not be entitled to withhold payment of any sums due to the Provider by reason of any disputed claim by the customer relating to any services or their delivery.
3.2. If the Customer fails to make payment by the due date then without prejudice to any other rights of the Provider:-
3.2.1. the Provider shall be entitled to suspend all or any other services which have been made under that or any other contract with the Customer and in such an event the Customer shall not in any respect be released from its obligations to the Provider
under that or any such contract.
3.2.2. The Provider shall be entitled to treat the relevant contract and any other contract with the Customer as having been terminated by the Customer and then to claim damages for breach of contract accordingly.
4. Cancellation
4.1. In the event of the Customer cancelling this agreement or the agreement terminating as a result of the Customer’s breach, the Customer shall then be liable to pay to the contractor 100% of any unpaid balance of the fees for which services have
been rendered and 95% of the remainder unpaid balance of the fees, together with payment of any monies due from the company to a third party and incurred by the Provider in reliance on this agreement. The Provider will give credit for fees
earned and paid in substitution.
5. Your Obligations to follow Training Program and Instructions
The Provider will agree a training program with each participant and it is the obligation of the Customer and their employees to follow the directions given by the Provider with regard to implementation of the training program defined in the schedule and the Provider has the right to regard any failure as a fundamental breach entitling the Provider to terminate the contract forthwith.
6. Termination for breach
6.1. Breach of the following obligations will be deemed fundamental and shall entitle the Provider to determine the agreement immediately:-
6.1.1. Failure on the part of the customer to make punctual payment of all sums due to the Provider.
6.1.2. The levying of any distress or execution against the customer or the making by him of any composition arrangement with creditors or being a company, the Customer’s liquidation (other than a Members’ Voluntary Liquidation with the written
consent of the Customer)
6.1.3. The doing or permitting of any act by which the Provider’s rights in its intellectual property may be prejudiced or put in jeopardy.
6.1.4. Failure by the Customer to follow directions as set out in paragraph 5.
6.2. Either party shall be entitled to exercise one or more of the rights and remedies given to it under the terms of this agreement and the determination of this agreement shall not affect or prejudice such rights and remedies and each party shall be and
remain liable to perform all outstanding liabilities under these terms notwithstanding that the other may have exercised one or more of the rights and remedies against it.
6.3. Any right or remedy to which either party is or may become entitled under these terms in consequence of the others conduct may be enforced from time to time separately or concurrently with any right or remedy given by this agreement either
now or afterwards provided for and arising by operation of law so that such rights and remedies are not exclusive of the others that are cumulative.
7. Intellectual Property
7.1. If the Provider’s services to the Customer generate new products and new methods of working for the Provider, any intellectual property rights which may arise out of such work will vest absolutely in the Provider. The Customer undertakes to
execute any necessary documents and do whatever else may be necessary to secure those rights.
8. Indemnity
8.1. The Customer will indemnify and keep indemnified the Provider from and against any or all loss, damage or liability, (whether criminal or civil) suffered and legal fees and costs incurred by the Provider resulting from a breach of this agreement by
the Customer including:-
8.1.1. any act neglect or default of the Customer’s, employees or agents;
8.1.2. breaches in respect of any matter arising from the supply of services resulting in any successful claim by any third party.
9. Whole agreement
9.1. These terms and conditions contain the whole agreement between the parties and each party acknowledges that it has not relied on any oral or written representations made to it by the other or its employees or agents and has made his own
independent investigation into all matters relevant to it.
10. Change of address
10.1. Each of the parties shall give notice to the other of the change or acquisition of any address or telephone or similar number at the earliest opportunity but in any event within 48 hours of such change or acquisition.
11. Notices
11.1. All notices to be given under these terms and conditions shall be in writing and shall be delivered either personally or sent by first class post or by facsimile transmission and shall be deemed duly served:-
11.1.1. In the case of first class pre-paid post, 2 clear business days after the date of despatch;
11.1.2. In the case of facsimile, on the date of transmission if received before 4pm.
12. Law and Jurisdiction
12.1. The governing law shall be the law of England and Wales in every particular including formation and interpretation and the agreement between the parties shall be deemed to be made in England.
12.2. Any proceedings arising out of or in connection with these terms and conditions may be brought in any court of competent jurisdiction in England and Wales.
12.3. In the event that the Customer is resident outside England, its address for service shall be the address for service nominated at the head of these terms and conditions.
12.4. Any time limits in any proceedings shall not be extended by virtue only of the foreign residents of the Customer.
13. Conditions and Warranties
13.1. All conditions and warranties whether express or implied and whether arising by statute, custom of trade or at common law are excluded. The Provider shall not be liable for loss of profit, injury, damage or any consequential loss or special loss or
damage sustained by the Customer howsoever arising.
14. Force Majeure
14.1. Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive government regulation or any other cause beyond the control of the parties or either of them renders the performance of this
agreement impossible where upon all money due under this agreement shall be paid immediately and in particular;
14.1.1. The Customer shall immediately pay to the Provider all arrears; and
14.1.2. each party shall be liable to pay to the other damages for any breach of this agreement and all expenses and costs incurred by that party in enforcing its rights under this agreement.
15. Third Party Rights
15.1. Any person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement.
16. Arbitration
16.1. All disputes or differences which at any time arise between the parties whether during any specified term or afterwards, touching or concerning these terms or their construction or effect, or the rights, duties or liabilities of the party under or by
virtue of them or otherwise or any other matter in any way connected with or arising out of the subject matter of these terms shall be referred to a single arbitrator to be agreed by the parties or in default of agreement to be nominated by the
President for the time being of the Chartered Institute of Arbitrators in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment of it for the time being in force.
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