Classes Terms & Conditions
1. Definitions
1.1. The following terms shall have the following meanings:
· “Agreement Details” meansthe document setting out the Member’s personal details, the specific servicesfor which the Member has subscribed, the fees payable and the paymentprovisions;
· “Coach” means a fitnesscoach employed and designated by U Fit;
· “End Date” means the dateon which the Agreement finishes, which is specified in the Agreement Details;
· “Fees” means the JoiningFee and the Monthly Fee, or either of them as the context permits;
· “Joining Fee” means thejoining fee specified in the Agreement Details;
· “Membership Agreement” means the Agreement between U Fit and the Member for the provision of Services;
· “Monthly Fee” means the monthly fee payable for the Services, which is specified in the Agreement Details;
· “Premises” means the premises specified as such in the Agreement Details;
· “Services” means the exercise assistance services which U Fit will supply and which are set out in the Agreement Details;
· “Suspension Request Form” means a form to be filled in by the Member where the Member wishes to suspend this Agreement under clause 7. below;
· “Term” means the duration of the Agreement;
· “Termination Request Form” means a form to be filled in by the Member where the Member wishes to terminate the agreement in accordance with clause 5.4 below; and
· “Terms” means these standard terms and any additional terms agreed by U Fit and the Member inwriting; and
1.2. Words in the singular shall include the plural and vice-versa and a reference to one gender shall include a reference to the other genders.
1.3. A reference to a statute or a statutory provision is a reference to it as amended, extended, re-enacted or replaced from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision.
2. STAGE TWO Membership Joining Fee
2.1 Paying the Stage Two Membership joining fee will secure the discounted rate for the selected offer. The joining fee will also give you free access to unlimited training at our class Studio for two weeks from the first day of opening.
2.2 The 12 Month Unlimited U Fit Fusion Membership will automatically begin on Day 15 from the Studio opening date at the discounted price of the selected offer unless cancelled prior to this date.
2.3 Any free products included in the Stage Two Membership offer will only be given to you after your Membership begins.
2.4 No refunds will be given on the Stage Two Membership joining fee.
3. Supply of the Services
3.1 U Fit shall provide the Services at the Premises during the Term in accordance with the Membership Agreement. Any changes or additions to the Services or the Membership Agreement must be agreed in writing between U Fit and the Member.
3.2 The nature and extent of the Services will depend on the Membership level to which the Member has subscribed, as specified in the Agreement Details.
3.3 U Fit shall provide the Services to the Member either through a Coach or through a person appointed and working under the Coach’s instructions.
3.4 U Fit may at any time without notifying the Member make any changes to the Services which are necessary to comply with any applicable safety or other legal requirements, or which do not materially affect the nature or quality of the Services.
3.5 The Member may cancel a Service by giving U Fit not less than 24 hours’ prior notice.
3.6 If the Member fails to attend a Service without having cancelled, the Member will be charged a standard re-booking fee from time to time of £25.
3.7 Services will begin promptly. If the Member arrives at the Premises any later than 15 minutes after the start of the Service he or she will not be able to attend that appointment and the Member will be deemed to have cancelled the Service in respect of which Clause 3.5 and 3.6 will apply.
3.8 U Fit reserves the right to alter the dates and times on which U Fit provides the Services on any occasion by giving to the Member not less than 24 hours’ notice (except in the case of emergency).
3.9 The Member must provide U Fit with specific information in writing about his health which U Fit requests before beginning the Services and must inform U Fit in writing promptly, and in any event prior to attending any Services, of any changes to the information previously given.
3.10 U Fit reserves the right to refuse to provide any or all of the Services on any occasion, without incurring liability to the Member, if in U Fit's reasonable opinion:
3.10.1 the Member is not medically fit to participate in the Service;
3.10.2 the Member is not fit and able to participate in a particular Service; or
3.10.3 the Member has not provided U Fit with full and accurate information about his health and medical history.
3.11 The results of the Service depend on the Member’s co-operation with the requirements of the Services before, during and after Sessions. Results of participation in the Services vary between clients and cannot be guaranteed. The Member must keep to the Services and not alter them in any way without obtaining U Fit’s approval. U Fit is not liable for the failure in whole or in part of the Services due to the Member’s act or omission.
4. Term, Fees and Payment
4.1 The Member shall, inconsideration of the provision of the Services by U Fit, pay to U Fit the Fees.
4.2 The Monthly Fee will be collected by direct debit or card payment on the date specified in the Agreement Details in each calendar month during the Term;
4.3 If the Member misses a Monthly Fee payment U Fit shall be entitled, without limiting any other rights that it may have to cancel or to suspend provision of the Services until payment is made; to charge interest on the late payment at the rate of 4% above the base rate of the Bank of England on the unpaid sum until the date of actual payment, whether before or after any judgment; and
4.4 The full amount of the Fees payable in respect of the current year’s membership fee shall become due and payable.
5. Liability
5.1 The Member warrants that:
5.1.1 he has sufficiently good physical health and fitness to enable the safe use of the Services; or
5.1.2 he has an ongoing medical condition but has received clearance from a registered medical practitioner in the United Kingdom to use the Services.
5.2 The warranties in this Clause 5 for continuing warranties which remain in effect throughout the Term.
5.3 The Member acknowledges that it is his responsibility to verify that he has sufficient good physical health and fitness to enable the safe use of the Services.
5.4 U Fit warrants that the Services will be provided using reasonable care and skill and, as far as reasonably possible, at the intervals and within the times referred to in the Schedule.
5.5 The Member accepts that there are risks attached to participating in the Programme and Sessions. Except where caused by U Fit’s negligence, U Fit shall not be liable for injury sustained by the Member while using the Services.
5.6 Whilst U Fit shall exercise reasonable care and skill in the selection of third party service providers such as dieticians or physiotherapists, the provision of any services by such service providers to the Member shall be governed by a separate agreement between the Member and the service provider, and U Fit shall have no liability to the Member for any death or personal injury, loss of or damage to property or other loss or damage of any kind to the extent that the same are as a result of any act or omission on the part of the third party service provider, his employees, agents or representatives.
5.7 Nothing in this Clause 4shall have the effect of excluding or limiting the liability of U Fit for:
5.7.1 death or personal injury resulting from its own negligence;
5.7.2 fraud or fraudulent misrepresentation; or
5.7.3 any other matter for which the liability of U Fit cannot lawfully be excluded or limited.
6. Duration and termination of the Membership Agreement
6.1. The Membership Agreement shall, unless terminated earlier in accordance with any of its express provisions, remain in full force and effect until terminated by either party giving not less than 30 days’ notice of termination to the other such notice not to expire prior to the [first] anniversary of the Start Date.
6.2. Where the Consumer Contract (Information, Cancellation and Amendment) Regulations 2013 are applicable, the Member has a right to cancel this Agreement within fourteen(14) days beginning with the day after the day on which this Agreement is concluded. If the Member wishes to cancel the Agreement, he must let U Fit know in writing by letter, fax or email. U Fit will provide the Member with a refund of the Monthly Fees that he has paid to U Fit within fourteen (14) days from the date on which the Member gives notice of cancellation, subject to a deduction for the cost of any Services that the Member has requested during the cancellation period, calculated at U Fit’s normal rates from time to time, a copy of which is available to the Member on request.
6.3. The Member may terminate the Agreement with effect from any time prior to the first anniversary of the StartDate upon giving U Fit 30 days’ notice of his intention to do so by means of a Termination Request Form (available on request from U Fit) and providing proof to U Fit that the Member:
6.3.1 has moved outside a twenty-mile radius of the address in the Agreement Details by providing U Fit with a utility bill or council tax bill addressed to the Member stating his new address;
6.3.2 are unable to attend due to medical reasons by providing U Fit with a completed medical form which is available upon request from U Fit and a copy of the medical note from the doctor, written on letterheaded paper, detailing the Member’s continuing inability to attend the sessions for a period of not less than 3 months; or
6.3.3 have been made redundant, by providing U Fit with a letter from the Member’s former employer, written on letterheaded paper, detailing the termination of his employment or if self-employed, ceased trading and provides U Fit with evidence to substantiate this.
In these circumstances, U Fit will continue to provide the Services and the Member will continue to pay the Monthly Fee payable until the expiry of the 30 days’ notice period and the Member will also be required to immediately pay any outstanding Monthly Fees for Services provided to prior to termination.
6.4. Either party may terminate the Membership Agreement with immediate effect at any time by giving notice to the other party if the other party commits a material breach of the Membership Agreement which either cannot be remedied or, if capable of remedy, the other party has not rectified within 14 days of receipt of a notice from the terminating party identifying the breach in question and requesting that it be remedied.
6.5. U Fit may terminate the Membership Agreement at any time with immediate effect by giving notice to the Member if:
6.5.1 any part of the Monthly Fee remains unpaid 30 days after the due date for payment (save in the case of a bona fide dispute); or
6.5.2 the Member has provided U Fit with any information when entering into the Membership Agreement which the Member knew, or ought reasonably to have known, was incorrect and U Fit relied on such incorrect information in deciding whether to enter into the Membership Agreement.
6.6. In the event of termination of the Membership Agreement pursuant to Clauses 6.4 or 6.5, the Member shall promptly pay to U Fit all Monthly Fees that have not been paid for Services provided by U Fit to the Member prior to the effective date of termination.
6.7. Termination of this Agreement shall not affect the rights of termination of either party which have accrued prior to the effective date of termination.
7. Suspension of the Membership Agreement
7.1. The Member may suspend this Membership Agreement for a period not exceeding 2 months (the “Suspension Period”) in any period of 12 consecutive months in the event that he:
7.1.1. suffers from a medical condition that affects his health or would benefit from medical assistance; or
7.1.2. suffers an injury, which results in the Member being unable to attend any Services for a period of time exceeding 2 weeks; or
7.1.3. wishes to suspend at a time where he may not be able fully to utilise his membership (such as a holiday).
7.2. The following shall apply to the Suspension Period:
7.2.1. In order to exercise his right of suspension, the Member must complete and return to U Fit a Suspension Request Form;
7.2.2. the Member must provide evidence satisfactory to U Fit, acting reasonably, that he is entitled to suspend the Agreement on one of the grounds specified in Clause 7.1. Such evidence, where the Member is requesting Suspension pursuant to Clauses 7.1.1 or 7.1.2 shall be byway of letter signed by a registered medical practitioner in the United Kingdom.
7.3. Once U Fit has received the completed Suspension Request Form a 30 days’ notice period will begin where the Member will continue to pay the Annual or Monthly Fee and U Fit will continue to provide the Services.
7.4. When the 30 days’ notice period has expired the Suspension Period will begin.
7.5. The following shall apply during the Suspension Period:
7.5.1. the Member will pay a monthly suspension fee of £50(payable on the usual agreement payment date each month);
7.5.2. the Member will not pay the Annual or Monthly Fee and U Fit will not provide the Services; and
7.5.3. if the Member requests, U Fit will design and provide him with a new Programme for the duration of the Suspension. For example, this may include provision of nutritional advice at an agreed monthly amount.
7.6. Once the Suspension Period has been completed the Agreement shall continue and the Member shall pay the Annual or Monthly Fee and U Fit shall provide the Services unless the Agreement is terminated in accordance with the terms of this Agreement.
8. Data protection
8.1. U Fit is committed tonsuring the privacy and security of Members’ personal data. In order to achieve this objective, U Fit complies and will comply with all applicable data protection legislation having force, including the General Data Protection Regulation (EU) 2016/679 plus any legislation enacted for the purpose of amending, re- enacting or replacing it. Further details of the kinds of personal data kept by U Fit, the purposes for which it processes such data and the measures taken to ensure the security of personal data are set out in U Fit’s Privacy Policy, which can be found at:
9. General
9.1. A notice required to be given by either party to the other under this Agreement that is stated to be in writing may be served personally or by first class post and addressed to the other party at the address given in this Agreement or such other address as may at the relevant time have been notified to the party giving the notice. A notice shall be deemed to have been served, if it was served in person, at the time of service and, if it was delivered by first class post, 48 hours after it was posted.
9.2. If at any point the information provided to us by the Member becomes subject to change, and the Member is aware of that change, the Member must communicate notice of that change to U Fit as soon as that is practicable.
9.3. U Fit shall not be liable to the Member if prevented from or delayed in the provision of the Services due to circumstances beyond its reasonable control. If the circumstances continue for a continuous period in excess of 180 days, then the Member shall be entitled to terminate this Agreement with immediate effect by giving notice in writing to U Fit.
9.4. If any provision of this Agreement is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
9.5. Neither party may assign the benefit of the Agreement without the prior written consent of the other party.
9.6. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the Agreement.
9.7. English law shall apply to this Agreement, and the parties agree to submit to the exclusive jurisdiction of the English courts.
10. Lockers
10.1 The lockers are provided for use on a daily basis when you use the Studio.
10.2 We do not accept any responsibility for any items placed in a locker which are at your own risk.
10.3 We will remove the contents of a locker that have been left overnight. You can claim the contents we have removed from the Studio reception for up to 7 days after removal. After this time, we will not be responsible for any contents we remove from a locker which will be treated as lost property. We may after this time donate such contents to charity.
Schedule A Strategy Session
Can you attend some of these classes at these times?