Please read our Terms and Conditions (Terms) carefully as these Terms constitute our legal contract with you. By booking gym workouts, zoom workouts, zoom fitness consultations, or engaging in online workouts with us (Sessions) or purchasing a membership you are confirming you have read the Terms and agree to be bound by them. Please also refer back to these Terms from time to time as they may change (and we reserve the right to do so).
In these Terms:
we, us, our means Solent Womens Fitness Limited (Company Number 5971706), whose registered office is 10 Stokesway, Stoke Road, Gosport, PO12 1PE), trading as Ladies First Fitness. We supply all Sessions subject to these Terms; and
you, your, yours means you, the client.
1 – IMPORTANT INFORMATION ABOUT DATA PROTECTION
The nature of our business and the provision by us of Sessions to you means that we will collect and process certain of your personal data from time to time. We will only do so in accordance with our Privacy Notice, which you can read by clicking the following link: Privacy Policy.
2 – HEALTH AND SAFETY
Many of our Sessions involve strenuous physical activity and we recommend that you seek medical advice before attending or participating in a Session (including online). For your own safety and the safety of others we rely on you using our facilities and premises and participating in our Sessions (including online) in the intended manner and your acceptance of these Terms constitutes your confirmation that you will do so, that you will comply with our reasonable instructions in relation to your attendance at our premises or participation in a Session and that you agree to the content of our Health and Safety Statement, a copy of which you can view here: Health & Safety Statement. You agree to inform us at any time during your membership of any condition which might affect your training and you will comply promptly with our recommendations in this respect. You will not use any physical facility whilst suffering from an infectious disease or illness where there is a risk to the health and safety of others.
In common with many businesses, we have had to make changes to the way we operate during the current COVID-19 pandemic, and these changes will take precedence over these Terms. At the point at which you book any sessions, the COVID-19 changes and requirements will be made clear and, if you require clarification, it is your responsibility to request it and your acceptance of these Terms constitutes your confirmation that you will do so.
3 – HOW WE CAN CONTACT EACH OTHER
By you: Any written notice, enquiry or feedback should be provided using our Contact Form, which can be found at: Contact Us. You may change or cancel a Session booking by phone, email (see section 8-A) or in-person at our premises.
By us: We may contact you using any of the contact details you provide to us when you sign up for a membership, which may include via telephone or email or text message. Our Privacy Notice (which you can access following the link set out above) sets out how we may process your personal data, which includes the contact details you provide to us.
4 – YOUR MEMBERSHIP WITH US
In order to book Sessions you must sign up for a Membership (Membership) at www.ladiesfirstfitness.co.uk (our Website). You must be at least 18 years of age, or have been countersigned by an adult who is responsible for you who is over 18 years of age, to attend any Sessions at Ladies First Fitness.
5 – SESSIONS AND USE OF OUR PREMISES
A) In booking a Session you agree to comply with any additional rules we may make known to you in relation to the Session from time to time, including how you may use our premises, facilities and your conduct whilst doing so.
B) All Sessions and coaches are subject to change from time to time, even after you have booked. We will let you know about any changes as soon as we can, either via phone, email or SMS.
C) Access to our premises, Sessions and any other goods and services we may supply from time to time is at our discretion and we reserve the right to refuse you access to any of the same, or to suspend or otherwise terminate your Membership if we consider that you are in breach of these Terms, the Session Rules or you repeatedly disregard our instructions or training principles or your behaviour at our Premises or during a Session is inappropriate, irresponsible, aggressive, rude, threatening or otherwise damaging to our customers, staff or our reputation more generally. If we do so you will not be entitled to any refunds whatsoever.
6 – TYPES OF MEMBERSHIP
We offer the following memberships:
Monthly Online Membership You can book online Sessions (maximum of 3 coached Zoom Workouts per week) and use any of the online content for a period of 1 month from the date of payment. This does not include the use of the facilities at any of our premises and the membership will terminate automatically after 1 month has elapsed. This membership is non-refundable and cannot be transferred to another person.
Monthly Total Membership You can book online Sessions (maximum of 3 coached Zoom Workouts per week), use any of the online content and/or book Sessions at our physical premises (where possible) for a period of 1 month from the date of payment. The membership will terminate automatically after 1 month has elapsed. This membership is non-refundable and cannot be transferred to another person.
Regular Total Membership You can book online Sessions (maximum of 3 coached Zoom Workouts per week) and/or Sessions at our physical premises (where possible) for a minimum of 4 months from the date of payment. Monthly payments are made by standing order on the agreed date and will continue after the end of the period until You or We terminate the Membership by 30 days Notice in writing. This membership is only available for purchase at our premises. All fees during the minimum period are non-refundable and this membership cannot be cancelled prior to the minimum period (see Section 7) and cannot be transferred to another person.
Pre-paid 4 Month Online Membership You can book online Sessions (maximum of 3 coached Zoom Workouts per week) and use any of the online content for a period of 4 months from the date of payment. This does not include the use of the facilities at any of our premises and the membership will terminate automatically after 4 months has elapsed, unless another purchase is made. This membership is non-refundable and cannot be transferred to another person.
Pre-paid 4 Month Total Membership You can book online Sessions (maximum of 3 coached Zoom Workouts per week), use any of the online content and/or book Sessions at our physical premises (where possible) for a period of 4 months from the date of payment. The membership will terminate automatically after 4 months has elapsed, unless another purchase is made. This membership is non-refundable and cannot be transferred to another person.
Pre-paid 12 Month Online Membership You book online Sessions (maximum of 3 coached Zoom Workouts per week) and use any of the online content for a period of 12 months from the date of payment. This does not include the use of the facilities at any of our premises and the membership will terminate automatically after 12 months has elapsed, unless another purchase is made. This membership is non-refundable and cannot be transferred to another person.
Pre-paid 12 Month Total Membership You can book online Sessions (maximum of 3 coached Zoom Workouts per week), use any of the online content and/or book Sessions at our physical premises (where possible) for a period of 12 months from the date of payment. The membership will terminate automatically after 12 months has elapsed, unless another purchase is made. This membership is non-refundable and cannot be transferred to another person.
7 – PAYMENT TERMS
A) Monthly and Pre-paid Memberships You can pay for your chosen monthly or pre-paid online or total memberships using your credit or debit card via our online checkout process. Save in your right to cancel all purchases are non-refundable and cannot be transferred to another person.
B) Regular Memberships You can only pay for your regular total membership involving regular monthly payments at our premises. Monthly payments are for a minimum period of 4 months and all fees during the minimum period are non-refundable and this membership cannot be cancelled prior to the minimum period (see Section 7) and cannot be transferred to another person. Regular online memberships are not available at this time but this may change at any time.
C) One-off 1-1 Online Coached Workouts When you purchase an online membership for the first time you will normally receive one individually coached Zoom workout. At any time throughout your membership you can purchase additional online 1-1 Zoom workouts via our website.
8 – BOOKING SESSIONS
A) Sessions can be booked by phone, email or during a Zoom call. If a booking is requested via email it is only confirmed once you have received an email confirmation from us. Regular ‘repeat’ bookings for the same day/time are accepted and encouraged.
B) All Sessions are subject to availability, and whilst we try to ensure that suitable numbers and types of Sessions are available, we cannot guarantee that you will be able to book any particular Session.
C) You are not entitled to change or cancel your booking for a Session or otherwise elect to receive a refund for the Session (if this is applicable) within 12 hours of its scheduled start time. If, however, upon request, we agree to change your booking to another session this can be done up to 2 hrs before the scheduled start time. A No Show will be considered as a Cancel within 12 hours of the scheduled start time.
9 – LATENESS POLICY
We operate a policy which prevents you from taking part in a Session if you are more than 5 minutes late for the relevant Session (in such situations you will be deemed to be “late”). This policy is in place to prevent injury and to be mindful of the Coach and other participants in the Session. In line with our booking policy, you will not be refunded (if applicable), or otherwise compensated, for Sessions you are unable to attend because you are late.
10 – IF WE CANCEL YOUR BOOKING
In the event that we cancel a Session that you have booked, we will make reasonable efforts to contact you by SMS, email or telephone to let you know. We will offer you the option of being transferred to another equivalent Session at an alternative date and time (subject to availability).
11 – CANCELLATION AND TERMINATION
A) You may cancel any membership by notice in writing or email to us within 3 working days of being accepted by us. If you cancel within this period we will refund all fees received by us from you.
B) If you have chosen the Regular Total Membership option you may cancel the membership to the end of or after the expiry of the minimum period by giving us 30 days prior written or email notice. This means that the payment immediately after the date of your notice will be the last one and your membership will be terminated one month after the last payment date. You can continue using the facilities up until this date. No monies will be refunded.
C) If you have chosen a pre-paid membership you may cancel your membership to the end of or after the pre-paid period by giving us 30 days prior written notice. The membership will automatically expire at the end of the pre-paid period unless another purchase is made. No monies will be refunded.
D) If you are certified by your GP as permanently (being 3 months or more) unfit to train you are entitled to cancel your membership by 30 days notice in writing with medical evidence. In this case you will receive a pro rata refund for any full months prepaid which fall after the termination date.
E) If you are certified as temporarily (more than 4 weeks) unfit to train by your GP you can ask us to suspend your membership. Your request must be made in writing in advance, preferably with medical evidence. You will then be placed on ‘Medical Hold’, details of which will be given in writing after receiving your written request, taking into consideration all the factors and the type of membership you have chosen. Retrospective refunds will not be given.
12 – LIABILITY
A) Neither we nor our employees or agents shall be liable for loss, damage or theft of any property belonging to you or any of your guests brought into any facility that is not foreseeable or for loss or damage which is your own fault or which is attributed to a third party unconnected with the provision of our services, except caused by our negligence or breach of duty. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your order.
B) Neither we nor our employees or agents shall be liable for any death, personal injury or illness occurring during the use of our services except to the extent that such death, personal injury or illness results from our negligence or breach of duty under these terms or the obligations of the Occupiers Liabilities Act 1957.
C) We will not be liable for any loss, damage or personal injury or death to you caused by another user or a guest of a user except in the case of our negligence or a breach of duty.
13 – USE OF OUR SERVICES
You confirm that you have been made of aware of our instructional guidelines. You are under an obligation to follow our instructions and use our equipment (if applicable) carefully and sensibly to avoid damage to equipment or injury to others. If you are in any doubt as to how to follow the instruction you should consult a member of staff before attempting to perform it. There is a strict policy of not allowing alcohol or drugs into any service or facility. Persons who are intoxicated will be asked to leave the facility or service or be refused access.
14 – TRANSFER OF AND THIRD PARTY RIGHTS
The right to use our facilities and services is personal to you. You cannot assign or transfer it in any way. We may sell this facility and assign or transfer the benefit and burden of your membership to the purchaser at any time by giving written notice of transfer to you.
These Terms constitute a contract between you and us. No other person shall have the right to enforce any of these Terms.
15 – FORCE MAJEURE
We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms if the delay was due to any cause beyond our reasonable control, including, but not limited to, acts of god, terrorism, explosion, flood, storm, fire, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. system failures, viruses, pandemic, epidemic, civil emergency or other widespread illness, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
In the event that our premises are closed for a period of 15 days or more due to any cause beyond our reasonable control, for pre-paid memberships we will grant you a membership hold (or fee reduction for online services only if agreeable to you) until our premises has reopened. Under these circumstances, we will not refund any balance you have on your pre-paid term, but the expiry date for your membership will be reset to take account of the circumstances if necessary. For Regular Total Memberships you will need to apply in writing or email to request a membership hold or fee reduction (similar to Section 11-E).
16 – WAIVER
No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.
17 – SEVERABILITY
If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
18 – ENTIRE AGREEMENT
These Terms together with our disclaimer and any policies we have in force from time to time constitute the entire agreement between us and you and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between us and you.
19 – GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.
