Terms of Service for the Purchase of Class Passes, physical cards and E- Passes
These terms and conditions apply to Services provided by Warwickshire Fitness, or “we” or “us”.
You may contact us on sam [AT] warwickshirefitness . com.
Please read these terms and conditions carefully before purchasing an E-Pass and print off a copy for your records.
For purchases via our website(s), by clicking on the “Pay Now and Complete Order” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
These Services are not intended for anyone under the age of 16. If you are under 16 years of age, you must access and/or use the Online Classes only with the involvement of your parent or guardian.
1. Definitions
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Class Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Class Materials” means the information, choreography and content provided by Warwickshire Fitness as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Warwickshire Fitness for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Class” means the delivery by us of an online class pursuant to which you participate in fitness classes remotely/virtually via the internet or telecommunications system.
“Live, Face-To-Face Class” means any class that takes place in person in a physical location.
“E-Pass” means a package of multiple class coupons at a discounted price, payable in advance.
“Services” means the provision of the Online Class and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.
“Website” means www.warwickshirefitness.com and https://www.warwickshirefitness.com/privacy-policy/, “you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
2.4 A broadband Internet connection is required to purchase and access the services. Warwickshire Fitness cannot be held liable for any fault(s) caused by third party service providers that may result in no, or a poor experience.
3. Ordering Services / Purchasing Services via the Website
3.1. In order to purchase any of the Services on-line you must register for a PayPal account at www.paypal.com.
3.2. When you place an order for a Service via the Website, you are offering to purchase the Services on these terms and conditions. Warwickshire Fitness reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below.
3.3. Following receipt by us of your order for Services via the Website we will contact you confirming receipt of your order.
3.4. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.5. Where your order consists of multiple classes, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
3.6 E-Passes or Class Passes may be purchased for multiple Online Classes or Live Face-To-Face Classes at a discounted rate. Whilst these have no expiry date, E-Passes or Class Passes cannot be redeemed or exchanged for any other product or service offered by Warwickshire Fitness and can only be used in conjunction with Online Classes and Live Face-To-Face Classes. E-Passes and Class Passes have no cash value. No change can be given from E-Passes or Class Passes that have fractional amounts remaining on them.
Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted up to one hour before the commencement of the Online Class to cancel your purchase of the Services. A charge of 30 pence (Stirling) will be charged to cover cancellation fee costs for PAYG Online Classes that have been purchased using cash.
4.2. If you have purchased an Online Class and have already accessed, downloaded all or part of the Online Class and/or started to use that Online Course then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Warwickshire Fitness.
4.4. In the event you have purchased an Online Class with an E-Pass and cancel at least one hour before the commencement of the booked Online Class, you may cancel the class and be refunded the credit back to your E-Pass for later use. You may also choose to re-schedule the Online Class to another time.
5. Fees
5.1. The Fees for the Services shall be as set out on the Website or as told to you via other marketing means such as, but not limited to email correspondence.
5.2. Fees for the Service selected by you on the Website must be paid in full prior to you attending any or accessing any Online Class.
5.3. Any fees charged by your payment provider in connection with your purchase of Services are for your own account and Warwickshire Fitness shall not be responsible for these.
5.4. You shall be responsible for all costs you incur in connection with your attendance or your access onto any Online Class.
6. Liability
6.1. Warwickshire fitness will not be liable for failure to perform any obligation under these terms if such failure is caused by the occurrence of any unforeseen circumstance beyond its reasonable control, including, without limitation, internet outages, communications outages, fire, flood, natural disaster, civil unrest or war.
6.2. Although Warwickshire Fitness aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, Warwickshire Fitness’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Class in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit Warwickshire Fitness’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
6.7. You are responsible for exercising within your limits. Consult your doctor before buying or attending any Online Class from this Service and follow his or her advice.
6.8. Do not use the Online Classes Services if you have a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back or neck) problems or injuries. Read and follow all safety guidance provided as part of the Service.
6.9. If you are unfamiliar with the exercises on the Service, please read the information given within the class descriptions before participating for the first time. If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately.
Nothing on the Service Website(s) constitutes medical or professional advice or care. We do not guarantee any exercise, health, weight loss or fitness results or improvements to users of the Service.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Classes and the speeches made by trainers are, and remain, the intellectual property of Warwickshire Fitness or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, copy, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Class given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer;
(iv) remove any copyright or other notice of Warwickshire Fitness on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Class for the sole purpose of completing or attending the Online Class.
8. Confidentiality
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9. Termination
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Warwickshire Fitness, any teacher or trainer who provides the Online Classes or any student who attends any Online Class;
- are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
10. Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions, together with the Website Privacy Policy (https://www.warwickshirefitness.com/privacy-policy/) are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
Warwickshire Fitness shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
13. Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14. Data Protection
14.1 The nature of the Services provided by us means that we and our partners will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
14.2 When you join up to our group fitness classes and Personal training services you are asked to complete a health screening form known as a PAR-Q and to sign an Informed Consent form. The PAR-Q form allows us to be aware of any medical conditions you may have had or are experiencing and whether or not you have got your doctor’s consent to take part in physical activity of this nature. By being aware of any existing conditions, if something were to happen to you during an exercise session, we’d be more informed and able to take the best course of action in the emergency situation.
We ask for your contact details when you sign up so that we can get in touch to organise PT sessions, re-schedule training sessions or inform you of any class cancellations and, if you agree, to contact you by email, via social media, SMS, post or telephone, about other products, services, events and offers from Warwickshire Fitness we think may be of interest to you. If you would not like to receive those emails you can unsubscribe at any time by replying with the subject “Unsubscribe” or use the relevant platform’s “un-follow” buttons to stop seeing our posts.
14.5The Informed Consent form is a legal requirement which we ask you to read thoroughly so that you are completely aware of what may happen in the class and how it may affect your body. In addition it contains information regarding your privacy. By signing this document you are agreeing that you are aware and are happy to proceed. Completing both the Informed Consent form and the PAR-Q questionnaire satisfactorily is required before participation at class or in a training session so that we can comply with insurance stipulations and third-party venue requirements.
14.6. Your information will be kept for no longer than is necessary for the purposes for which the personal information is processed. In doing so we may retain such information for a reasonable amount of time either for our own reporting regulatory requirements and to protect ourselves in the event of any legal claims and complaints.
14.7. Warwickshire Fitness endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
14.8. You are entitled to view, amend, or delete the personal information that we hold. Please request this via the contact form at https://www.warwickshirefitness.com/contact/ and select the subject “Privacy”.
15. Law and Jurisdiction
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.
