TERMS & CONDITIONS
1.1 These are the terms and conditions on which HOUSE OF FITNESS will provide boxing themed cardio and strength workout classes.
1.2 Please read these terms and conditions carefully before you apply for HOUSE OF FITNESS registration under clause 5 or purchase any HOUSE OF FITNESS class or package of classes under clause 6.
1.3 These terms tell you whoHOUSE OF FITNESS is, how to register, how to purchase classes or packages of classes, how classes are taken, how a class that has been purchased may be changed or cancelled, what to do if there is a problem and other important information.If you think that there is a mistake in these terms and conditions please contact HOUSE OF FITNESS to discuss.
2 Information about HOUSE OF FITNESS and how to contact us
2.1 HOUSE OF FITNESS is a trading name of HOUSE OF FITNESS Limited a company registered in England and Wales under company registration number 9917378 and whose registered office is at 32 Avondale Road, London, N3 2ES, England..Unless otherwise provided for in these terms and conditions,you can contact HOUSE OF FITNESS by emailing [email protected] or by writing to HOUSE OF FITNESS 32 Featherstone St
London EC1Y 8AE. Unless otherwise provided for in these terms and conditions, if HOUSE OF FITNESS has to contact you it will do so by telephone, email or post at the contact telephone number, email address and postal address you provide to us.
3 Health and safety of paramount importance
3.1 Although the objective of HOUSE OF FITNESS is develop the physical and mental health and wellbeing of its clients with boxing themed cardio and strength workouts, the health and safety of each client is of paramount importance, and in consequence these terms and conditions shall be interpreted and applied accordingly.
3.2 To protect the health and safety of each client it is important that both HOUSE OF FITNESS and all clients follow and comply with these terms and conditions, and at all times whilst participating in classes clients must have regard to not only their own health and safety but also the health and safety of other participating clients, HOUSE OF FITNESS staff and other persons for the time being present.
4 Application for HOUSE OF FITNESS registration
4.1 No person may participate in any HOUSE OF FITNESS class unless he or she has registered with HOUSE OF FITNESS.
4.2 Children and young persons under the age of 16 years are not permitted to participate in any HOUSE OF FITNESS class, and accordingly are not eligible for registration. HOUSE OF FITNESS may require proof of age from any applicant for registration.
4.3 A person may apply for registration by completing and submitting a HOUSE OF FITNESS Personal Details Form and a Health Questionnaire. Copies are available online through the HOUSE OF FITNESS website.
4.4 The Personal Details Form must be completed and submitted by the applicant and not by any other person (save to the extent necessary to overcome a disability of the applicant), all the personal details required must be provided, and the details provided must be accurate.
4.5 The Health Questionnaire must be completed and submitted by the applicant and not by any other person(save to the extent necessary to overcome a disability of the applicant), all the health questions asked must be answered, the answers must be complete and accurate and not misleading, and the applicant must voluntarily disclose all other information relating to his or her physical or mental health or wellbeing which is or may be relevant to him or her participating in any HOUSE OF FITNESS class.
4.6 The duly completed Personal Details Form and Health Questionnaire must be submitted online through the HOUSE OF FITNESS website. For the avoidance of doubt, a person may not apply for registration by email or over the telephone.
4.7 Without prejudice to the foregoing provisions of clause 4,the applicant shall provide such further information relating to his or her personal details or physical or mental health or wellbeing as HOUSE OF FITNESS may from time to time reasonably request.
4.8 If at any time after submission any of the content of the duly completed Personal Details Form, or any of the content of the duly completed Health Questionnaire, or any of the further information provided under clause 4.7, changes or is discovered to be incorrect, the applicant must as soon possible give to HOUSE OF FITNESS written notification of the change or correction online through the HOUSE OF FITNESS website, quoting any reference number that HOUSE OF FITNESS may have assigned to the application. For the avoidance of doubt, such notifications may not be given by email or over the telephone. Thereafter the applicant shall provide such further information relating to the change or correction as HOUSE OF FITNESS may reasonably request.
4.9 HOUSE OF FITNESS may refuse an application for registration if it has reason to believe: (a) the applicant is under the age of 16 years; or (b) the Personal Details Form has not been properly completed and submitted or any of its content has or may have changed or is or may be incorrect or inaccurate; or (c) the Health Questionnaire has not been properly completed and submitted or any of its content has or may have changed or is or may be incorrect; or (d) any further information requested under clauses 4.7 or 4.8 has not been properly provided; or (e) having regard to the content of the duly completed and submitted Personal Details Form (as the same may have been properly changed or corrected), the content of the duly completed and submitted Health Questionnaire (as the same may have been properly changed or corrected), any further information provided under clauses 4.7 and 4.8, and any other relevant information then known to HOUSE OF FITNESS, any participation in any HOUSE OF FITNESS class would or could be a risk to the health or safety of the applicant; or (f) the registration of that person, or the participation of that person in any HOUSE OF FITNESS class, would or could prejudice or harm HOUSE OF FITNESS or any of its business or affairs.
4.10 If HOUSE OF FITNESS refuses an application for registration it will as soon as practicable notify the applicant of the refusal and the reason for it. There is no right of appeal against a refusal, but a refusal does not prevent further applications for HOUSE OF FITNESS registration.
4.11 Following notification of the refusal, any contract between HOUSE OF FITNESS and the applicant shall terminate, save that any provision of these terms and conditions that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
4.12 If HOUSE OF FITNESS accepts an application for registration it will as soon as practicable notify the applicant of the acceptance, and the following provisions of these terms and conditions shall apply.
5 HOUSE OF FITNESS registration
5.1 Following notification of the acceptance of an application for registration, HOUSE OF FITNESS will provide the client with a username and an initial password which will enable the client to log in to the HOUSE OF FITNESS website. Once logged in the client may change the password as he or she wishes. The client must at all times keep his or her password secure and confidential.
5.2 If at any time after registration any the content of the duly completed Personal Details Form (as the same may have been properly changed or corrected), or the content of the duly completed Health Questionnaire (as the same may have been properly changed or corrected), or any further information provided under clauses 4.7 or 4.8, changes or is discovered to be incorrect, the client must as soon possible give to HOUSE OF FITNESS written notification of the change or correction online through the HOUSE OF FITNESS website, quoting his or her HOUSE OF FITNESS website username. For the avoidance of doubt, such notifications may not be given by email or over the telephone. Thereafter the client shall provide such further information relating to the change or correction as HOUSE OF FITNESS may reasonably request.
5.3 HOUSE OF FITNESS may at any time cancel any registration if it has reason to believe: (a) the client is under the age of 16 years; or (b) the Personal Details Form or the Health Questionnaire was not properly completed and submitted; or (c) any further information requested under clauses 4.7 was not properly provided; or (d) the client has failed to give proper notification of any changes or corrections under clause 4.8, or any further information requested under that clause has not been properly provided; or (e) the client has failed to give proper notification of any changes or corrections under clause 5.2, or any further information requested under that clause has not been properly provided; or (f) having regard to the content of the duly completed and submitted Personal Details Form(as the same may have been properly changed or corrected), the content of the duly completed and submitted Health Questionnaire (as the same may have been properly changed or corrected), any further information provided under clause 4.7,any further information provided under clauses 4.8 and 5.2, and any other relevant information then known to HOUSE OF FITNESS, any participation in any HOUSE OF FITNESS class would or could be a risk to the health or safety of the client; or (g) the continuing registration of the client, or the participation of the client in any HOUSE OF FITNESS class, would or could prejudice or harm HOUSE OF FITNESS or its business or affairs or any of its other clients, workers, contractors, agents or representatives; or (h) the client has no intention of attending any HOUSE OF FITNESS classes, and where the client has failed to participate in any HOUSE OF FITNESS class within any 12 month period HOUSE OF FITNESS will be entitled to presume such an intention.
5.4 If HOUSE OF FITNESS cancels a registration it will as soon as practicable notify the client of the cancellation and the reason for it. There is no right of appeal against a cancellation, but a cancellation does not prevent further applications for HOUSE OF FITNESS registration.
5.5 A client may cancel his or her registration by giving to HOUSE OF FITNESS not less than 7 days’ written notice specifying a cancellation date online through the HOUSE OF FITNESS website, quoting his or her HOUSE OF FITNESS website username. For the avoidance of doubt, a client may not cancel his or her registration by email or over the telephone.
5.6 Following cancellation of a registration, any contract between HOUSE OF FITNESS and the applicant shall terminate, save that any provision of these terms and conditions that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect. For the avoidance of doubt, the client will not be permitted to participate in any HOUSE OF FITNESS classes after cancellation.
5.7 Following cancellation of a registration, HOUSE OF FITNESS will refund any monies paid by the client on account of any classes taking place after cancellation and in which the client has not participated.
6 Purchase of HOUSE OF FITNESS classes
6.1 From time to time HOUSE OF FITNESS will advertise and market HOUSE OF FITNESS classes and packages of classes specifying the venue, date, start time and duration and describing the class. In the advertising material any images relating to a class are for illustrative purposes only.
6.2 From time to time HOUSE OF FITNESS may need to make minor changes to classes or packages of classes to reflect changes in law and to implement improvements to class content.
6.3 Once registered with HOUSE OF FITNESS a client may purchase any class or package of classes, or any other person may purchase any class or package of classes in the name of and for the client.Purchases will be recorded in the HOUSE OF FITNESS website username of the client. For the avoidance of doubt, no person may participate in any class unless he or she is registered with HOUSE OF FITNESS at the time of the class.
6.4 Purchases of classes or packages of classes may be made online through the HOUSE OF FITNESS website, by telephone to the relevant HOUSE OF FITNESS number, or in person at any HOUSE OF FITNESS Gym reception, and must be paid for in full by credit or debit card or cash at the time of purchase. For the avoidance of doubt, purchases may not be made by email.
6.5 Once a purchase has been made for a client using a credit or debit card HOUSE OF FITNESS will record and keep the details of that card for use in future purchases. If the client does not wish for such details to be recorded and kept in this way, or wishes to make a particular purchase using a different credit or debit card or cash, he or she must notify HOUSE OF FITNESS of this fact at the time of purchase.
6.6 A purchase of a class or a package of classes does not guarantee that the client will be able to attend any particular class. Classes are filled on a “first come first served” basis, and if a particular class is full or otherwise not available the cost of that class will be held to the credit of the client to be applied to another class to be selected by the client.
6.7 Following a purchase of a class or a package of classes HOUSE OF FITNESS will send to the client an email either (a) confirming the availability of each class purchased and the date, time and place of that class; or (b) where a particular class is full or otherwise not available, stating this fact and confirming that the cost of that class will be held to his or her credit for application to another class to be selected by the client. If the client does not have access to emails HOUSE OF FITNESS will upon request give such confirmations and statements by telephone. If the client does not have access to either emails or telephone then he or she must attend at any HOUSE OF FITNESS Gym reception to be given such confirmations and statements in person.
6.8 If HOUSE OF FITNESS has notified the client that a particular class is full or otherwise not available the client will be added to a “waiting list” if he or she requests this online through the HOUSE OF FITNESS website, by telephone to the relevant HOUSE OF FITNESS number, or in person at any HOUSE OF FITNESS Gym reception, quoting his or her HOUSE OF FITNESS website username. For the avoidance of doubt, such requests may not be made by email. Once on the waiting list HOUSE OF FITNESS may at any time up to 12 hours before the class start time send to the client an email notifying him or her that the class has become available and confirming the date, time and place of the class. If the client does not have access to emails HOUSE OF FITNESS will upon request give such notification and confirmation by telephone. If the client does not have access to either emails or telephone then he or she must attend at any HOUSE OF FITNESS Gym reception to be given such notification and confirmation in person. If no such notification is given during such period the class shall be deemed to be full or otherwise not available to the client HOUSE OF FITNESS will not disclose any waiting list positions or updates. For the avoidance of doubt, the class cancellation provisions of clause 6.10 still apply where the client is on a waiting list.
6.9 From time to time for various reasons beyond its control, such as injury or illness to a trainer or the unavailability of a venue, HOUSE OF FITNESS may need to cancel a class that a client is due to attend. Not less than 24 hours before the class start time HOUSE OF FITNESS will send to the client an email notifying him or her of the cancellation and confirming that the cost of that class will be held to his or her credit for application to another class to be selected by the client.If the client does not have access to emails HOUSE OF FITNESS will upon request give such notification and confirmation by telephone. If the client does not have access to either emails or telephone then he or she must attend at any HOUSE OF FITNESS Gym reception to be given such notification and confirmation in person.
6.10 A client may cancel any particular class that he or she is due to attend if not less than 12 hours before the class start time he or she gives to HOUSE OF FITNESS written notification of the cancellation online through the HOUSE OF FITNESS website, quoting his or her HOUSE OF FITNESS website username. For the avoidance of doubt, such notifications may not be given by email or over the telephone. Following cancellation in accordance with clause 6.10 HOUSE OF FITNESS will hold the cost of the cancelled class to the credit of the client and apply that credit to another class to be selected by the client.
6.11 If a client fails to attend a particular class that he or she is due to attend, and has not cancelled that class in accordance with clause. 6.10, HOUSE OF FITNESS may (but is not obliged to) hold the cost of that class to the credit of the client and apply that credit to another class to be selected by the client. For the avoidance of doubt, if it is decided not to credit the client, the client will not be entitled to any refund of any of the cost of the class or any other compensation.
6.12 Where HOUSE OF FITNESS holds any money to the credit of the client for more than 12 months, the money will be deemed to have been spent by the client with HOUSE OF FITNESS, and the client will not be entitled to any refund of any of the cost of the class or any other compensation.
7 Participation in HOUSE OF FITNESS classes
7.1 Clients due to participate in a class must arrive at the scheduled venue not later than 5 minutes before the scheduled start time. Late arrival may result in participation being disrupted. Where a client arrives after the scheduled start time his or her participation will be at the sole discretion of the HOUSE OF FITNESS trainer taking the class.If it is decided that the client should not participate he or she shall be deemed to have failed to attend the class and the provisions of clause 6.11 shall apply.
7.2 Upon arrival a client must report to the HOUSE OF FITNESS reception and provide such evidence of identification as the HOUSE OF FITNESS staff may reasonably request. HOUSE OF FITNESS reserves the right exclude from the class any person who staff are unable to verify as the client for whom the class was purchased. If a person is excluded under this clause 7.2,the client will not be entitled to any refund of any of the cost of the class or any other compensation.
7.3 Without prejudice to any of the provisions of clauses 4 and 5, upon arrival a client must voluntarily disclose to the HOUSE OF FITNESS reception and the trainer taking the class all information relating to his or her physical or mental health or wellbeing which is or may be relevant to him or her participating in the class. If the HOUSE OF FITNESS reception or the trainer has reason to believe that the client has not properly disclosed all such information, or that any participation in the class would or could be a risk to the health and safety of the client, other clients participating in the class, HOUSE OF FITNESS staff, or any other person for the time being present, he or she will not be permitted participate. If participation is not permitted under this clause 7.3,the client will not be entitled to any refund of any of the cost of the class or any other compensation, but HOUSE OF FITNESS may (but is not obliged to) hold the cost of that class to the credit of the client and apply that credit to another class to be selected by the client.
7.4 A client must ensure that he or she wears clothing and footwear appropriate to the class in which he or she is participating, and avoids unsuitable jewellery or other accessories. If the trainer taking the class has reason to believe that any item of clothing or footwear is inappropriate, or any item of jewellery or other accessory is unsuitable, the client will be required to change or remove such item. If the client fails to comply with such a requirement the trainer may require the client to stop all further participation or limit or restrict any further participation as the trainer considers necessary to protect the health and safety of the client, other clients participating in the class, HOUSE OF FITNESS staff, and any other person for the time being present. If further participation is stopped or limited or restricted under this clause 7.4 the client will not be entitled to any refund of any of the cost of the class or any other compensation.
7.5 Clients should avoid taking any food or drink into a class, or consuming any food or drink during participation (other than water or appropriate energy drinks to the extent necessary for rehydration and as required for a medical condition).
7.6 If at any time during participation in a class a client suffers any injury or illness (however minor), the client must immediately disclose this fact to the trainer taking the class. Thereafter the client shall provide such further information relating to the injury or illness as the trainer may reasonably request. If the trainer has reason to believe that the client has any injury or illness which with any further participation would or could be a risk to the health and safety of the client, other clients participating in the class, HOUSE OF FITNESS staff, or any other person for the time being present, the trainer may require the client to stop all further participation or limit or restrict any further participation as the trainer considers necessary to avoid such risk. If further participation is stopped or limited or restricted under this clause 7.6, the client will not be entitled to any refund of any of the cost of the class or any other compensation, but HOUSE OF FITNESS may (but is not obliged to) hold the cost of that class to the credit of the client and apply that credit to another class to be selected by the client.
7.7 At the end of a class clients should promptly vacate the venue, taking with them all of their personal belongings and effects. 7.8 Without prejudice to the foregoing provisions of clause 7, at all times during participation in a class a client must not do or omit to do any act or thing which: (a) would or could put at risk his or her own health or safety or the health or safety of any other client participating in the class, or the trainer taking the class, or other HOUSE OF FITNESS staff, or any other person for the time being present; or (b) would or could cause any distress, disruption or annoyance to any other client participating in the class, or the trainer taking the class, or other HOUSE OF FITNESS staff, or any other person for the time being present; or (c) would or could frustrate or interfere with the class or any activities taking place in the class. If the trainer taking the class has reason to believe that the client is doing or omitting to do any such act or thing, the client will be required to stop doing or omitting to do that act or thing. If the client fails to comply with any such requirement the trainer may require the client to stop all further participation or limit or restrict any further participation as the trainer considers necessary to protect such health and safety, to avoid such distress, disruption and annoyance and to avoid such frustration and interference. If further participation is stopped or limited or restricted under this clause 7.8, the client will not be entitled to any refund of any of the cost of the class or any other compensation.
7.9 Without prejudice to the foregoing provisions of clause 7, at all times during participation in a class a client must do all such acts and things, and comply with all such directions and instructions, which the trainer taking the class considers necessary to protect the health and safety of the client, other clients participating in the class, HOUSE OF FITNESS staff, and any other person for the time being present. If the client fails to do any such thing, or comply with any such direction or instruction, the trainer may require the client to stop all further participation or limit or restrict any further participation as the trainer considers necessary to ensure such protection. If further participation is stopped or limited or restricted under this clause 7.9, the client will not be entitled to any refund of any of the cost of the class or any other compensation.
8 Your right to change your mind Where you have purchased a class or a package of classes online,you have a legal right under the Consumer Contracts Regulations 2015 to change your mind within 14 days of the date the purchase is confirmed,and to receive a refund for the cost of that class or package of classes. However, once you have attended a class you cannot change your mind for that class, even if the 14 day period is still running. Summary of key legal rights. This is a summary of your key legal rights. These are subject to certain exceptions.For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.If the product is services, the Consumer Rights Act 2015 says:
• you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
• if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable; and
•if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
9 How HOUSE OF FITNESS may use your personal information
9.1 HOUSE OF FITNESS will use the personal information you provide in connection with your registration, your purchase of classes and packages of classes, your attendance at classes, and to inform you about our boxing themed cardio and strength workouts and associated products. You may stop receiving information at any time by contacting us to request this.
9.2 HOUSE OF FITNESS will only give your personal information to third parties where the law either requires or allows us to do so.
10 Other important terms
10.1 If HOUSE OF FITNESS fails to comply with these terms and conditions, it will be responsible for any loss or damage you suffer that is a foreseeable result of it breaking its contract with you or it failing to use reasonable care and skill, but HOUSE OF FITNESS will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both HOUSE OF FITNESS and you knew it might happen.
10.2 HOUSE OF FITNESS may transfer its rights and obligations under these terms and conditions to another organisation. HOUSE OF FITNESS will always tell you in writing if this happens, and it will ensure that the transfer will not affect your rights under the contract.
10.3 You may only transfer your rights or your obligations under these terms and conditions to another person if HOUSE OF FITNESS agrees to this in writing.
10.4 The contract is between HOUSE OF FITNESS and you, and no other person will have any rights to enforce any of its terms.
10.5 If a court finds part of the contract is illegal, the rest will continue in force. Each clause of these terms and conditions operates separately. If any court or relevant authority decides that any clause is unlawful, the remaining clauses will remain in full force and effect.
10.6 Even if HOUSE OF FITNESS delays in enforcing the contract, it can still take enforcement action later. If HOUSE OF FITNESS does not insist immediately that you do anything you are required to do under these terms and conditions, or if HOUSE OF FITNESS delays in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and will not prevent HOUSE OF FITNESSP taking steps against you at a later date.
10.7 These terms and conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.