FBL TERMS & CONDITIONS - FBL

FBL TERMS & CONDITIONS

Terms and Conditions Applicable to all Fitter Body Ladies Locations


Please read these Terms and Conditions carefully.  By entering into the Contract, you warrant that you are over 18 years of age and legally capable of entering into binding Contracts.  

1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Client” means the individual making a booking with us;
“Contract” means the contract entered into between you and us incorporating these Terms and Conditions, as detailed in clause 2; 
“Member” means the individual taking part in the Session(s);
“Premises” means the gym or other area provided by us at which the Sessions are to take place;
“Services” means the fitness services to be provided by us;
“Session” includes any fitness class provided by us as part of the Services.
1.2 The headings used in these Terms and Conditions are for convenience only and will not affect their interpretation. Any words in the singular form include the plural and vice versa.

2. The Contract
2.1 Once you make an enquiry with us, we will discuss various membership options with you and we may also offer a trial period at our discretion.  A legally binding Contract between you and us will be created once you sign up for your chosen membership option. The Contract will be subject to these Terms and Conditions.  
2.2 We may, at our discretion, offer you an initial trial period.  Please make good use of the Services during this period so you can experience the Services fully.  You will have no obligation to continue after the trial ends but you will need to give us written notice that you do not wish to continue with the Contract.  
2.3 Where you have entered into the Contract on behalf of a Member, you agree to accept full responsibility for their actions or lack of actions and will ensure each Member or other individual complies with these Terms and Conditions.
2.4 It is your responsibility to disclose anything in our health waiver form that may be relevant to your or any Member’s ability to take part in the Sessions before entering into the Contract. This may include, but is not limited to, disability access, injury, health and mobility issues. 
2.5 If you fail to disclose any relevant information which affect the Contract and we become aware of this, we reserve the right to charge for any additional fees we may incur as a result, or in some cases, we may need to cancel the Contract.

3. The Services
3.1 We offer various memberships and programmes, ranging from our 28 day or 6-week introduction programmes (provided in person or virtually), our monthly memberships (i.e., 3, 6, or 12-month programmes) and our fixed upfront memberships. It is your responsibility to choose the membership option that best suits you. 
3.2 All Members agree to abide by these Terms and Conditions and any specific safety rules we may provide.  
3.3 No third parties can accompany you to the Sessions, unless we have agreed otherwise in advance.   
3.4 Whilst at the Premises, you must comply with all reasonable instructions given to you by us or any third party instructed on our behalf. 
3.5 Sessions, times and locations, particularly those on public holidays, may be subject to change and cancellation, and, in such cases, alternative sessions, times and/or locations will be offered.
3.6 During our Sessions, we often use terms and phrases that are intended to encourage and motivate Members and it is not our intention to offend anyone with our language. 
3.7 Our Sessions may, on occasion, go outside the parameters of a standard fitness training programme, which Members may be used to.  Please contact us if you have any concerns or queries. 
3.8 We reserve the right to refuse entry, or remove from the Premises, without any right to a refund, any person who; 
3.8.1 in our sole opinion, is exhibiting offensive, violent or unsafe behaviour; or
3.8.2 is late or persistently late to the Sessions and/or has failed to provide notice of lateness before the start of the Session. 
3.9 We may, at our own discretion, attempt to offer rescheduled Sessions for those who were unable to attend. This is not a guarantee and will be entirely dependent upon you informing us of your wish for us to do so via our admin team or our membership software (currently TeamUp but this is subject to change). You will not be entitled to a refund if a suitable rescheduled Session cannot be agreed. 
3.10 If a Member suffers an injury or becomes pregnant and is advised by their GP not to exercise, then their membership can be put on hold until they are able to exercise again. We reserve the right to ask for written confirmation of this.

4. Your Responsibilities
4.1 You (and any Member) will be responsible for:  
4.1.1 informing the instructor of your class if you feel you cannot participate in a Session due to an injury, or any other reason which would warrant in you not being able to exercise, and for seeking professional medical advice if so necessary before recontinuing the Services;  
4.1.2 informing the instructor if you feel you require any additional cooling up or warming down during the sessions; 
4.1.3 wearing, at your own expense, appropriate training attire during the Sessions; 
4.1.4 ensuring that you arrive to the Sessions in a timely manner; 
4.1.5 adhering to any instructions or directions given to you by the instructor for your safety and informing the instructor if you feel you cannot do so for whatever reason, who may, at their own discretion, suggest an alternative; 
4.1.6 deciding if you feel you can keep up with the pace set during our Sessions and informing the instructor of any need to train at a different pace; 
4.1.7 informing the instructor of any lateness that is likely to occur before the scheduled start time of the Session; 
4.1.8 bringing with you to all Sessions any required medical aids (such as an inhaler or EpiPen) and informing the instructor of the need for any such medical aids; 
4.1.9 the safety of valuable personal possessions during the Sessions, such as keys, mobile phones, and jewellery; 
4.1.10 providing a correct phone number and/or email address which the instructor can contact you on concerning the Sessions if necessary, and subsequently informing the instructor of any change to these contact details; 
4.1.11 checking your emails, as well as any spam or trash folders and/or our website and social media pages for communications from us; 
4.1.12 ensuring the good behaviour of any children who have been granted permission (at our discretion in extreme circumstances) to wait during the Sessions in our office area, and, if disturbances occur, complying with any instructions to remove the child from the Premises;  
4.1.13 paying all additional charges for activities organised by us that you wish to participate in, such as social nights, holidays, and hikes, and for your own wellbeing during such activities, and for obtaining and maintaining suitable and sufficient medical and holiday insurances for such activities.
4.2 If you (or any Member) fail to comply with any of these obligations, we reserve the right to request you (or any Member) stops participating in the relevant Session and/or we may terminate the Contract, which will be subject to clause 6 below.

5. Price and Payment
5.1 Membership fees are payable on the agreed start date and then on a monthly basis, where applicable. 
5.2 We reserve the right to increase our pricing from time to time. This will not apply to fixed term membership costs.  
5.3 All payments should be made to us in pounds sterling by direct debit.  If a direct debit payment fails, we will apply a £3 charge on each occasion.  
5.4 If you fail to make any payment to us on time, we reserve the right to suspend your membership, suspend your access to any Sessions, terminate the Contract and/or charge you interest at a rate of 4% per annum above the Bank of England base rate from time to time in force, from the due date for payment until payment is actually received, both before and after judgment.  We also reserve the right to charge for any costs we may incur in attempting to recover any outstanding debt.  

6. How the Contract Ends
6.1 As a consumer in the United Kingdom, you may have a legal right to a “cooling-off” period within which you can cancel the Services for any reason within 14 days from the date the Contract was formed.  Please note that you will lose this right to cancel under this clause if the Contract was formed at our Premises or if you expressly asked for the Services to commence within the first 14 days. 
6.2 In respect of any monthly memberships (i.e., 3, 6, or 12-month programmes), you can only cancel the membership once the initial monthly commitment has passed. Once the initial monthly commitment has expired, your membership will continue on a rolling monthly basis unless a further fixed term is agreed.
6.3 In respect of the 6-week or 28-day introduction programme, or any online programme, membership will automatically end on expiry of the 6-week or 28-day period. You may then enter into another membership if you wish.
6.4 In respect of fixed upfront membership, this membership will automatically end on the expiry of the specified fixed period. You may then enter into another membership if you wish. If a fixed upfront membership is terminated prior to the expiry of the agreed fixed period, no refund will be made for any fees paid in advance.  
6.5 For any memberships except fixed upfront memberships, if you wish to terminate before the end of the term for any reason (including, but not limited to, relocation), you will be required to pay either a £50 administration fee or 1 month’s payment by way of notice. 
6.6 We may cancel or terminate the Contract at any time.  If we have provided Services that you have not yet paid for, such sums will be due and payable.  If you have paid for any Services that we have not yet provided, these will be refunded to you within 14 days.  
6.7 If, due to circumstances beyond our control, we have to make any change in the arrangements relating to your membership or the Services, we will notify you as soon as possible. We will endeavour to keep such changes to a minimum and will seek to offer you arrangements as close to the original, or better, as reasonably possible in the circumstances. If we have to make a significant change for any reason, we will offer you the alternative or an option to cancel with any applicable sums refunded for which no suitable alternative Services could be offered.

7. Data Protection
7.1 We respect and value your privacy and also the security of your data.  Your data is stored securely and will be processed in accordance with the UK GDPR, and the Data Protection Act 2018. 
7.2 We reserve the right to take and with your permission use photographs and videos from the Sessions, and testimonials given by you, in marketing literature, on our website, on our social media accounts, and on our private mailing list. All intellectual property rights in the images resulting from the photographs and videos, including any use, reproductions or adaptations, will belong to us.  
7.3 If you do not wish for us to use such media for the purposes outlined above, then please notify us in advance. 
7.4 For more information on how we process your personal data, please see our privacy policy, available on our website.

8. Complaints and Feedback 
8.1 We welcome feedback and, whilst we always use all reasonable endeavours to ensure that your experience is a positive one, we nevertheless want to hear from you if you have any cause for complaint. 
8.2 If you wish to complain about any aspect of your dealings with us or with any questions and requests about our Services, please contact us using the details on our website.  You can also escalate any complaint to Fitter Body Franchising Ltd, our franchise owner.  

9. Communications
9.1 Some of the information or communications we send to you need legally to be in writing.  You accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communication be in writing.  This does not affect your statutory rights.
9.2 Notices will be deemed to have been duly received and properly served immediately when posted on our website or 24 hours after an email is sent.  In proving the service of any notice, it will be sufficient to prove, in the case of an email, that the email was sent to the specified email address of the addressee.

10. Liability
10.1 Subject to this clause 10, we will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is entered into.  We will not be responsible for any loss or damage that is not foreseeable.
10.2 We accept no liability in respect of the following:
10.2.1 lost, damaged or stolen property at the Premises (unless caused by us); and 
10.2.2 injuries caused during the course of any Session (as you acknowledge that such injuries are possible), save to the extent that such injuries are caused by the negligence of one of our instructors. In circumstances in which training is conducted in other locations and/or remotely, it is the Member’s responsibility when being trained remotely to ensure that the area is safe to train in. 
10.3 Nothing in these Terms and Conditions is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
10.4 We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
10.5 Nothing in these Terms and Conditions is intended to or will limit your legal rights as a Consumer under any consumer protection legislation.  For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.

11. Other Important Terms
11.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business).  If this occurs, we will inform you in writing.  Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
11.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission. 
11.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. 
11.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
11.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
11.6 We may revise these Terms and Conditions from time to time. If we change these Terms and Conditions as they relate to the Contract between you and us, we will give you advance notice of the changes with details of how you may cancel if you are not happy with them.

12. Law and Jurisdiction
12.1 These Terms and Conditions and the relationship between you and us will be governed by and construed in accordance with the laws of England and Wales.
12.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 12.1 above takes away or reduces your rights as a consumer to rely on those provisions.
12.3 Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise), will be subject to the jurisdiction of the courts of England and Wales.