Terms & Conditions
1. Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
2. Credit
2.1 This document was created using a template from Docular (https://seqlegal.com/free-legal-documents/website-terms-and-conditions).
3. Copyright notice
3.1 Copyright (c) 2017 Inspired Health and Fitness Club Limited
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Permission to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive];
(d) stream audio and video files from our website using the media player on our website
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal purposes; you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
5. Misuse of website
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Registration and accounts
6.1 To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom.
6.2 You may register for an account with our website by completing and submitting the account registration form with our club, and clicking on the verification link in the email that will be sent to you.
6.3 You must not allow any other person to use your account to access the website.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person’s account to access the website
7. User login details
7.1 If you register for an account with our website, you will use your email address supplied and membership number to log in. You will be asked to create your own secure password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion with or without notice to you.
8.2 You may cancel your account on our website by contacting Inspired Health and Fitness Club directly in writing.
9. Our rights to use your content
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and, with your specific consent, publish your content on and in relation to this website.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Rules about your content
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
(s) promote or sell any services outside of Inspired Health and Fitness club
11. Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) commence legal action against you, whether for breach of contract or otherwise; and/or
(e) [suspend or delete your account on our website].
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14. Variation
14.1 We may revise these terms and conditions from time to time.
14.2 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
15. Assignment
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16. Severability
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
19. Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with English law.
19.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of England.
20. Our details
20.1 This website is owned and operated by Inspired Health and Fitness Club Limited.
201.2 We are registered in England and Wales under registration number 09815265, and our registered office is at 218 Cherry Hinton Road, Cambridge CB1 7AW
21.3 Our principal place of business is at Blenheim House, Cambridge Innovation Park, Denny End Road, Waterbeach, CB25 9PB
21.4 You can contact us:
(a) by post, to the principal place of business given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website; or
(d) by email, using the email address published on our website.
Club Terms and conditions
Club access is subject to availability.
Membership (except ‘off peak’) include access to the club and the use of its facilities during opening hours. There will be an extra charge for the hiring of towels and for some specialist fitness classes. Specialist classes have to be paid for before attending the class. The member acknowledges that some of the facilities may be out of use from time to time whilst undergoing maintenance
Members are required to use the club in a proper and reasonable manor. The club reserves the right to make members make good or repay the club in full for any damage to the facilities or other persons, caused by negligence or wrongful act of such member.
The club reserves the right to use CCTV in the gym, Studio and reception areas. All members must book in on arrival either by using the fingerprint reader or with the club receptionist.
The club reserves the right to refuse entry to any member into the club without declaring any reason for doing so and will always refuse access to the club and facilities to any person who appears to be under the influence of drugs or alcohol.
Members are expected to respect other members and staff; abuse will not be tolerated and any member using bad language or acting in an unruly manor will be asked to leave the premises and could have their membership cancelled without refund.
No responsibility will be accepted by the club for the loss or damage to the property or valuables of any member or guest, including any items of property which may be left in lockers provided. The club accepts no liability for any loss or damage to vehicles which are parked in the car parks or bicycle parks or their contents.
The club accepts no liability for any illness or injury resulting from the use of the club facilities by members or guests howsoever that may have been caused. The club accepts no liability for any illness or injury resulting from over exertion, aggravation or precipitation of any medical condition caused by the use of the club facilities. All persons use the facilities on the express understanding that it is at their own risk and members and guests are strongly advised to seek medical advice before they begin exercising at the club.
All Members must go through a ‘Par- Q’ screening and induction process with a member of the fitness team before they are allowed to use any facilities within the club for the first time. The club reserves the right to refuse use of the facilities at any time should it be concerned about a member’s state of physical health.
All users of the sunbed are required to have a safety consultation with a member of staff and if necessary, should consult with their doctor for further advice before using the sun bed. No one under the age of 18 is allowed to use the sunbed at any time. All users of the sunbed are required to use adequate sun protection lotion and advised to wear eye protection. The club reserves the right to limit the amount of sun bed tokens an individual can use within any 24-hour period. No responsibility will be accepted by the club for any illness, injury or skin damage caused by the use of the sun bed. All users of the sun bed are required to read the safety information provided by the club and act in accordance with this information. The club reserves the right to refuse use of the sunbed to anyone without declaring any reason for doing so, especially if it is felt the user’s health may be at risk. Users of the sunbed are to use the facility in accordance with all other terms and conditions listed within this agreement.
The club reserves the right to alter the rules, fees, membership prices, available facilities and opening time at time and without reason.
The club reserves the right to change the studio class timetable at anytime without notice or reason. This includes temporarily or permanently cancelling some or all classes or changing the type of class, the class capacity and instructor running the class. By agreeing to your gym membership, you do so accepting this.
The club reserves the right to suspend a members ability to book onto classes at their discretion in the event that a member persistently booking onto classes but not attending without cancelling themselves off the booked class at least 2 hours before it is due to begin. Further to this, if the non attendance to classes booked onto continues after temporary suspension, the club reserves the right to permanently ban the member from booking onto classes.
The club may be closed for essential maintenance work, special functions or any other circumstances as the management sees necessary.
No person is allowed to conduct personal training sessions with another member within the club without prior written consent from the club management. Anyone who is suspected of doing so will be asked to leave without warning.
No member is allowed to sell or promote any services outside of the club, without prior written consent from the club management.
Junior memberships are not available. No person under the age of 16 is permitted to use any of the Inspired Health and Fitness club facilities
Anyone found to be photographing or videoing other members without their permission will be asked to leave without warning.
Inspired Health and fitness club operates a strict, no drugs policy. This included the use of anabolic steroids. Anyone found to be using drugs within the club will be asked to leave and their membership cancelled without warning or refund.
Anyone found to be creating, engaging in or distributing negative content physically or online (including social media) about the club or members of the club may have their membership revoked without warning.
Inspired Health and Fitness club reserves the right to refuse or cancel a gym membership at the managements discretion if it is felt that by having that person within the club poses a risk to anyone within the club or could damage the club’s reputation by having them as a member.
Inspired Health and Fitness club reserves the right to refuse or cancel a gym membership if it has been found that a member has let someone in to the facility without the consent of the club, or if someone lets themselves in to the facility without the consent of the club.
The club does not currently offer a spa facility as previously advertised. Access to the spa area including Jacuzzi, steam room, sauna and shower is no longer allowed or offered as an additional benefit to a club membership.
Certain data disclosed by a member to the club will be ‘personal data’ as defined under the Data Protection Act 1998. The club will hold this ‘personal data’ for the purposes of maintaining a full record of a member`s membership details. The club reserves the right to send to members marketing and promotional material in relation to Inspired Health and Fitness Club. Unless the club is legally obliged to do so, it will not pass Personal Data to any third parties without prior consent. The club agrees to use the Personal Data in accordance with any instructions given to it by the member, and agrees to comply with all relevant legislation with regard to ‘sensitive personal data’. Members should let the club know if there are any changes to the membership details provided and if that member does not wish to receive promotional materials.
Inspired Health and Fitness club has the right to enforce the terms of these conditions in accordance with the contracts (rights of third parties) act 1999.
All applications for membership must be agreed by the management of Inspired Health and Fitness Club, who reserve the right to refuse a membership application without giving reason.
Members who use the services of any third-party individual or company within our facility do so at their own risk and should check their qualification and insurances before using their service.
Inspired Health and Fitness club has a strict no refund policy for memberships paid either by full amount ‘up front’ or direct debit, except in special circumstances agreed by Inspired Health and Fitness Club management and in line with the terms and conditions of the third party partner who collects direct debits on behalf of the club (see DIRECT DEBIT section).
DIRECT DEBIT PAYMENTS
All direct debit payments for gym memberships within the club are taken by a third party management company on our behalf.
When buying a membership for Inspired Health and Fitness club which requires payment via direct debit, the member is signing a contract directly with the third-party membership management company, not Inspired Health and Fitness Club. Therefore any queries relating to direct debits should be dealt with by contacting the third party directly.
Inspired Health and Fitness Club uses two membership management companies to collect direct debits on our behalf (Clubwise)
Inspired Health and Fitness Club accepts no responsibility or liability for the services, opinions, views or actions of any third-party partners we work with.
All memberships paid for by direct debit within the club are subject to the terms and conditions set out within the contractual agreement with the third party which were signed at the point of joining the club.
Inspired Health and Fitness Club reserves the right to refuse entry to anyone suspected of not paying for their membership and reserves the right to request evidence of payment. Entry to the club will be refused until payment disputes have been resolved.
MEMBERSHIPS
All of our membership prices are subject to change anytime without prior notice.
To qualify for a ‘couples membership’, both members must live at the same address
Off peak memberships allow access from 9am and anyone on this membership, must leave the club by 4:30pm at the latest. Off peak memberships do not allow access at weekends or to classes outside of the off peak hours.
To cancel a rolling membership, you must give 30 days’ notice to Clubwise as per the terms and conditions signed upon the agreement of your membership.
All new members are required to provide a photographic ID which clearly shows their name and address. This ID must match the name on the bank card they are using to pay. Failure to provide this will result in a membership being rejected.
SHORT TERM & UP FRONT MEMBERSHIP PAYMENTS
Memberships paid for up front are strictly exempt from any form of refund for this payment, regardless of whether the club facilities have been used or not during the time, unless the cancelation is given to Inspired Health & Fitness club in writing, on email (memberships@inspiredfitnessclub.co.uk) within 7 days of signing this agreement and providing I have not used any club facilities during that time.
This membership allows full access to the gym, spa and studio only. Other club facilities including (but not limited to) sunbed & beauty salon are available at an additional charge.
Memberships paid for up front are subject to the general club terms and conditions bound by the general club rules
Inspired Health and Fitness club reserve the right to cancel my membership, without any refund, if they feel my conduct is not in line with the rules set out.
All short-term memberships are only available at the management’s discretion
Anyone wishing to purchase a short term membership will be required to provide a photographic ID showing their residential address. Details on the ID must match those on any bank card being used.
Inspired Health and Fitness club reserves the right to refuse the sale of a short term membership without offering reason or explanation.
PERSONAL TRAINING
1. Terms and Conditions. The Parties agree to the following terms and conditions:
a. The Client (the person taking part/ being trained in the activity) is engaging the Company for personal training services to be provided by the Company’s Trainer(s).
b. Personal Training sessions will usually last 60 minutes.
c. The Trainer will create an exercise program geared to the Client’s fitness level and experience in order to meet the Client’s objectives.
d. The Trainer will be assigned to the Client by the Company and is subject to change at any time. The Client may request a new Trainer and the Company will make every effort to accommodate if circumstances allow.
e. The Client agrees to inform the Company and its Trainer(s) of any and all conditions, medical or otherwise, that may affect the Client’s ability to participate in Training Sessions.
2. Training Sessions. Training Sessions may include, but are not limited to, the following activities: testing of physical fitness; exercise; aerobics and aerobic conditioning; cardiovascular training; weight lifting and training; and stretching.
3. Training Package and Payments. The Client is purchasing training Sessions at a rate of £35 per Training Session/ hour. The Client may pay for Training Sessions on a per session basis at the beginning of each session. The Client may pay for all of the Training Sessions upon the execution of this Contract at a discounted rate agreed by the club.
4. Cancellation of Training Session. The Client shall provide twenty-four (24) hour notice of any necessary cancellation of a scheduled Training Session. Failure to provide twenty-four (24) hour notice shall result in the Client being charged the full rate for the cancelled/missed Training Session. The Company and its Trainer(s) will endeavor to also provide the Client twenty-four (24) hour notice of any scheduled Training Session that may need to be cancelled; however, there may be instances where this is not practicable, and such would not constitute breach of this Contract on behalf of the Company.
5. Indemnity. The Client agrees to indemnify and hold harmless the Company and its Trainer(s) for any injuries, illnesses, and the like experienced as the result of the Client’s Training Sessions.
6. Warranties. While the Company and its Trainer(s) fully believe exercise, specifically exercised personalized to the Client, is beneficial to the Client’s health and wellness, the Company and its Trainer(s) cannot guarantee the results of Training Sessions. The Company and its Trainer(s) make no representations and/or warranties that the Client will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or will attain any other particular and/or specific results. The Company and its Trainer(s) strongly encourage the Client to follow a healthy diet in conjunction with personal training and continued exercise.
7. Entire Agreement. This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered, or supplemented except in writing signed by both the Company and the Client.
8. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful Party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
9. No third party instructors are allowed to conduct fitness sessions within Inspired Health and Fitness Club without prior written consent given by the management.
STUDIO CLASSES & GROUP TRAINING
1. Terms and Conditions. The Parties agree to the following terms and conditions:
a. The Client (the person taking part/ being trained in the activity) is engaging the Company for studio classes and group training services to be provided by the Company’s Trainer(s) as well as third party trainers.
b. Studio classes and group training sessions will usually last between 20 – 60 minutes.
c. The Trainer will create an exercise program geared generally to the fitness level and experience of the overall group of attendees in order to meet the Client’s objectives.
d. The Trainer will be assigned to the class/group by the Company and is subject to change at any time.
e. The Client agrees to inform the Company and its Trainer(s) of any and all conditions, medical or otherwise, that may affect the Client’s ability to participate in Training Sessions.
2. Training Sessions. Training Sessions may include, but are not limited to, the following activities: testing of physical fitness; exercise; aerobics and aerobic conditioning; cardiovascular training; weight lifting and training; and stretching.
3. Training Package and Payments. Studio class sessions are included free of charge within specific gym memberships and it is the responsibility of the client to check which classes are included with each membership. If the Client is not a ‘member’ of the gym, they can attend classes, subject to availability by purchasing training Sessions at a rate of £5 per Training Session/ hour. The Client may pay for Training Sessions on a per session basis at the beginning of each session
4. Cancellation of Training Session. The Client shall provide twenty-four (24) hour notice of any necessary cancellation of a scheduled Training Session. The Company and its Trainer(s) will endeavor to also provide the Client two (2) hour notice of any scheduled Training Session that may need to be cancelled; however, there may be instances where this is not practicable, and such would not constitute breach of this Contract on behalf of the Company.
5. All classes are subject to availability. No refunds or cancelations of membership will be honoured as a result of classes not being available.
6. Inspired Health and Fitness Club reserve the right to penalise (including but not limited to charging a penalty fee or restricting or blocking access to book onto classes either temporarily or permanently) a client who persistently books onto a class but does not attend without at least 2 hours’ notice before the class is due to attend.
7. Whilst due diligence is carried out on third party class instructors including, but not limited to, checking qualification certificates, insurance details and references, participants are also strongly recommended to carry out their own checks with the instructor before taking part in any class.
8. Indemnity. The Client agrees to indemnify and hold harmless the Company and its Trainer(s) for any injuries, illnesses, and the like experienced as the result of the Client’s Training Sessions.
9. Inspired Health and Fitness Club accept no responsibility for the views, opinions or actions or third-party instructors.
10. Warranties. While the Company and its Trainer(s) fully believe exercise, specifically exercised personalized to the Client, is beneficial to the Client’s health and wellness, the Company and its Trainer(s) cannot guarantee the results of Training Sessions. The Company and its Trainer(s) make no representations and/or warranties that the Client will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or will attain any other particular and/or specific results. The Company and its Trainer(s) strongly encourage the Client to follow a healthy diet in conjunction with personal training and continued exercise. This included third party instructors.
11. Entire Agreement. This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered, or supplemented except in writing signed by both the Company and the Client.
12. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful Party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
REFER A FRIEND
This promotion can be changed or end at any time without prior notice. In the event of the promotion being cancelled, existing referrals would be honoured.
· This offer is strictly only available to direct debit paying members both existing and new members.
· This offer must be claimed at the time the new member signs the contract. A claim is defined as filling out a ‘membership referral’ form, requested by the new member from Inspired Health and Fitness club team members. No post-dated claims will be honoured
· Inspired Health and Fitness club does not willing offer new members the option to declare they have been referred by an existing member. It is strictly the new members responsibility.
· Before the £1 referral bonus is reduced for an existing direct debit, the new member must have 3 consecutive direct debits leave their account and cleared funds. Any upfront payment made for the remainder of a month when they joined, does not count towards the three payments.
· The existing member must have continuously been and still be a member of the club throughout the duration of the 3 direct debit payments from the new member
· The promotion will not be honoured if either the existing member or new member default on their direct debit during or at the point of the 3 direct debit payments being made
· Inspired Health and fitness club reserves the right to refuse a membership of a new member in line with the general club terms and conditions. In this instance £1 would not be deducted from their monthly direct debit.
· This deduction cannot be gifted to anyone else if it is not used by the original member on the referral form
· No alternative is offered as replacement for the £1 deduction from their monthly direct debit
· The number of referrals is limited to 5 referral bonus’ per member, a member will receive no more than a £5 reduction from their monthly direct debit for referrals.
· Only one referral reduction is permitted for an existing member, per new member. A new member can only provide one £1 bonus reduction to one existing member.
· If an existing member leaves or defaults on their monthly payment, all referral discounts are removed from their account if they rejoin again in future. Any referral discount which was on the account previously, cannot be reclaimed if rejoining in the future.
BRING A FRIEND AT THE WEEKEND
This section relates specifically to the Inspired Health and Fitness Club promotion whereby we offer existing members the opportunity to bring someone they know to the club to use the facilities free of charge on one day at the weekend.
This promotion can end at any time without prior notice. In the event of the promotion being cancelled, existing referrals would be honoured.
This offer is strictly only available to direct debit paying to bring someone they know.
The ‘friend’ will be required to provide full personal details, including photographic ID to be able to enter the club. Inspired Health and Fitness Club reserves the right to contact this person for marketing reasons, unless the ‘friend’ informs us in writing that they do not wish for us to.
The ‘friend’ must enter with the existing member and remain with them for the duration of their use of the club facilities.
The ‘friend’ is the responsibility of the existing member; therefore the conduct of the ‘friend’ can have a direct impact on the existing members, membership.
The ‘friend’ is allowed access to the gym, studio and spa providing they are accompanied by the existing member
An existing member can only bring each ‘friend’ once.
Once the ‘friend’ leaves the facility they are not able to return to use the club again on the same day free of charge.
This promotion is strictly subject to availability based on the management’s discretion. If it is felt by the management that the club is too busy to allow a ‘friend’ in, due to their use directly impacting other paying members, Inspired Health and Fitness Club reserves the right to refuse entry.
Inspired Health and Fitness club reserves the right to refuse entry or ask the ‘friend’ to leave it is believed that they are conducting business within the club (such as personal training), if they are from a local competitor fitness club/ gym or if it is felt that them being there was a risk to people using the club or the club reputation.
Inspired Health and Fitness club reserves the right to refuse entry to any ‘friend’ without reason or explanation.
SPIN THE WHEEL WEBSITE PROMOTION
This section relates specifically to the Inspired Health and Fitness Club promotion whereby discounts are offered to new members of the club.
All offers on the wheel are for new members only
No prize can be transferred, gifted or any alternative offered
The prize can only be claimed by signing up to a direct debit paying monthly membership online
The prize can only be claimed once
The prize can only be claimed if you become a direct debit paying member
The prize can only be claimed by someone over 18 years old
The wheel can only be spun once
All prizes are subject to availability, no alternative is offered if the prize is unavailable
Anyone caught in breach of any of these conditions will have their membership revoked or asked to pay for the equivalent discount given.
The wheel can only be spun by giving an email address. By providing this email address you are giving permission for us to contact you for marketing purposes until you specifically ask us not to in writing.
CONTENT CREATION & FILMING WITHIN THE CLUB
In today’s modern society we understand that it is normal practice for people to film their workout or progress. However, our gym environment is designed to make members feel safe and where preferred, private, whilst they are within the gym. The ability to be able to create content or use a recording device to monitor progress within our club is a privilege not a right.
With this in mind, we allow filming and photography within the club, but this is strictly for personal use (no commercial use without permission) and within the following terms which, unless stated specifically are applicable to all areas of the club, not just the gym or studio.
All media including (but not limited to) videoing, photographing or audio recording will be referred to as ‘Content creation’ or ‘creating content’ from here. This includes media designed for personal use only to monitor progress.
– The priority is ALWAYS with the gym/ class user and not your content creation. You must always respect the privacy of anyone within the club.
– You are NOT permitted to ask someone to move, to avoid areas, reduce their noise levels or to cordon off any part of the gym to enhance your content creation.
– Any content creation cannot interfere with another member or staff
– Content creation cannot breach our fire or health and safety procedures.
– Content must be recorded using a handheld device. Use of any additional equipment such as lighting, tripods or such like, must have written permission from the club owners’ prior arrival or content creating.
– No one is permitted entry to the club purely for the purposes of filming your content on your behalf, without prior consent (and a fee).
– Secret filming/ videoing is not permitted
– Drones are not permitted
– ‘Prank’ content is not permitted
– Filming, photographing, and audio recording is for individual use only (to monitor your own progress and personal social media profile). You are not permitted to create content within the club which is to be monetised or for other commercial use without written permission from the club owners.
– No filming, photography or audio recording is permitted within the changing rooms, showers, or toilets at any time.
– If you capture anyone (including staff, visit or gym user) within your video, photo, or audio, whether this is clear, blurred, or reflected you must obtain permission from that person to use the content even personal use. If they refuse permission then you must delete that content immediately.
– You must always ask permission from ANYONE who you know is going to be featured in the shot of your content, prior to creating the content. If they refuse, then they must not feature in your content
– If you are directly asked by ANYONE within the gym not to use content which they are featured within, you automatically forfeit the right to use that content on a public platform.
– You must remain fully clothed when creating content, including a shirt/ vest on and shorts/ trousers.
– You must not obstruct other gym users
– Although the visual use of club branding within your content is permitted, this must be used in a positive way and Inspired Health and fitness club reserves the right to refuse use of branding within content to be featured on a public platform, without reason if we wish.
– Anyone creating content which we believe to have a negative impact on the club or another person will be asked to leave and/ or banned from the club without refund or financial reimbursement. In this case the right to use content created within the club is retracted and content must be deleted immediately.
– No branding of any business other than Inspired Health and fitness club is allowed within your content without prior written consent from the club owners, whilst creating content OR in post-production.
– No one is permitted to make false suggestions about their relationship in relation to working for the club
– The club reserves the right to request copies of any content created within the club
– You must not do anything which violates any of the standard club rules
– Inspired health and fitness club is not responsible for any damage, loss or theft of any device, equipment or the content produced while using the club.
– Inspired health and fitness club is not responsible for any legal or civil proceedings brought against you because of content created within the club this includes copywrite issues.
– Inspired health and fitness club does not endorse content created within the club
– The club reserves the right to request seeing media captured within the club immediately, if we believe there has been a breach of the above terms.
– If you believe you have been included within someone’s media, without your permission, or you have spotted someone in breach of the above terms, please report this to a member of staff immediately.
If you do not agree to the above, do not produce content within the club. Inspired health and fitness club reserves the right to change these rules anytime, so you must check for the most up to date rules prior to creating content. Furthermore, Inspired health and fitness club reserve the right to refuse any content creation, at any time without warning, reason, or notice. A lifetime ban from the club and/ or Legal action may be taken by the club against you in the case of a breach of the terms.
THIRD PARTY PARTNERSHIPS
Inspired Health and Fitness club accepts no liability or responsibility for the views, opinions, treatments or services of any third-party business partnerships including, but not limited to Clubwise, Debit finance collections, class instructors Brooke’s beauty, Caroline Collard Nutrition.
If you wish to contact us to complain about any matter, please email us at info@inspiredfitnessclub.co.uk