1 SHAPE UP FITNESS TERMS AND CONDITIONS

1.1 All customer purchases are subject to these Terms and Conditions.

1.2 Shape Up Fitness Ltd reserves the right to vary and revoke these Terms and Conditions from time to time which it may consider necessary or desirable for the regulation of the internal affairs of Shape Up Fitness and/or the conduct of Customers. Any such changes will be published on the website and, until revoked, are binding on Customers.

  1. OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which we supply our facilities to you.

2.2 Please ensure that you read these Terms carefully, and check that the information you provide is accurate before you submit your purchase.

2.3 When you proceed and purchase from us, this does not mean we have accepted your order for your usage agreement. Our acceptance of the order will take place as described in clause 2.4. Acceptance of your order for you to become a customer is at our sole discretion.

2.4 These Terms will become binding on you and us upon booking your first class or sessions at which point a contract will come into existence between you and us and you will become a Shape Up Fitness customer.

3 PURCHASING SHAPE UP FITNESS CLASS PASSES AND CLASS PACKS

3.1 You can purchase One Class Pass at a time or opt to purchase a Class Pass pack. The packs contain different levels of entries/membership credits.

3.2 Your Class Pack is valid for a period of 2 months from date of sale. After 2 months any remaining entries will be eliminated, and your balance will re-set to 0 entries.

3.3 You may only visit the quantity of passes purchased after which a new Class Pass pack can be purchased.

3.4 Subject to any statutory right of cancellation, payments for all Classes are non-refundable, non-exchangeable and non-transferable unless otherwise stated in these Terms and Conditions.

3.5 Class Passes are not transferrable however they can be shared between friends to attend classes.

3.6 If you fail to book or attend (not including no-shows) the Classes purchased within 2 months from the date of purchase then your credit balance will automatically expire, and you will not be entitled to any refund for Classes not taken.

3.7 To book a Class a Customer must have purchased a class, class pack or unlimited class pack and set up their online Shape Up Fitness account.

3.8 Sessions can be booked online up to 14 days in advance and up to 30mins before the start of a class.

3.9 ONLINE BOOKING ONLY – we dont accept telephone or email bookings. The same applies to cancellation which you manage through your online account.

3.10 You may change your booking online without charge up to 4 hours before the start of the Class.

3.11 Online bookings must be cancelled online up to 4 hours before the start of a class, failure to do this will mean that you will be deemed a “late cancel” or a no-show and the price owed for the Class will be deducted.

3.12 Active Class Pass customers have complimentary use of the Passford House Hotel leisure facilities including the unsupervised gymnasium, unsupervised indoor swimming pool and unsupervised outdoor swimming pool (seasonal) for the day of their booked class. Customers must respect that these facilities are operated by Passford House Hotel and any queries related to any health & safety or operational concerns must be directed to Passford House Hotel management not Shape Up Fitness Ltd. Passford House Hotel holds the right to cancel use of any of their facilities as they deem fit. You must also agree to undertake any Passford House Hotel usage disclaimer prior to using their facilities.

  1. PURCHASING A 2 MONTH UNLIMITED CLASS PASS

4.1 The provisions of this condition 4 shall only apply to a Customer that applies for a 2 Month Unlimited Class Pass paid only by debit or credit card in advance.

4.2 Any Customer purchasing a 2 Month Unlimited Class Pass shall be entitled to participate in an unlimited number of visits. Usage and attendance will be permitted until their Monthly Usage Agreement finishes.

4.3 The 2 Month Unlimited Class Pass is valid for a period of 2 months from date of sale.

4.4 Monthly Usage Agreement fees must be paid in accordance with these Terms and Conditions irrespective of if the Customer uses the facilities.

4.5 Active 2 Month Unlimited Class Pass customers can enjoy complimentary use of the Passford House Hotel unsupervised gymnasium, unsupervised indoor swimming pool, unsupervised outdoor swimming pool (seasonal) for their 2 month duration. Customers must respect that these facilities are operated by Passford House Hotel and any queries related to any health & safety or operational concerns must be directed to Passford House Hotel management not Shape Up Fitness Ltd. Passford House Hotel holds the right to cancel use of any of their facilities as they deem fit. You must also agree to undertake any Passford House Hotel usage disclaimer prior to using their facilities.

4.6 Customers purchasing a 2 Month Unlimited Class Pass agrees that they cannot cancel their agreement once it has been purchased, nor under any circumstances can the usage be extended.

4.7 Subject to condition 4.6 and any right of ours to cancel or suspend the 2 Month Unlimited Class Pass, should you not partake or have a change of heart no refunds shall be given to you in respect of any fees that have been paid.

  1. PERSONAL TRAINING SERVICES

5.1 You can purchase Personal Training services at a time or opt to purchase a pack. The packs contain different levels of entries/membership credits.

5.2 Your Personal Training Pack is valid for a period of 2 months from date of sale. After 2 months any remaining entries will be eliminated, and your balance will re-set to 0 entries.

5.3 You may only visit the quantity of sessions purchased after which a new pack can be purchased.

5.4 Subject to any statutory right of cancellation, payments for all Personal Training sessions are non-refundable, non-exchangeable and non-transferable unless otherwise stated in these Terms and Conditions.

5.5 Personal Training sessions are not transferrable.

5.6 If you fail to book or attend (not including no-shows) sessions purchased within 2 months from the date of purchase then your credit balance will automatically expire, and you will not be entitled to any refund for any session not taken.

5.7 To book a Personal Training session a Customer must have purchased a Personal Training session or Personal Training pack and set up their online Shape Up Fitness account.

5.8 Sessions can be booked online up to 14 days in advance.

5.9 Once you have purchased your session we will call you to arrange your first session.

5.10 You may change your Personal Training appointment without charge up to 4 hours before the start of the session.

5.11 Bookings must be cancelled up to 4 hours before the start of a session, failure to do this will mean that you will be deemed a “late cancel” or a no-show and the price owed for the session will be deducted.

5.12 Personal Training customers have complimentary use of the Passford House Hotel leisure facilities including the unsupervised gymnasium, unsupervised indoor swimming pool and unsupervised outdoor swimming pool (seasonal) for the day of their booked session. Customers must respect that these facilities are operated by Passford House Hotel and any queries related to any health & safety or operational concerns must be directed to Passford House Hotel management not Shape Up Fitness Ltd. Passford House Hotel holds the right to cancel use of any of their facilities as they deem fit. You must also agree to undertake any Passford House Hotel usage disclaimer prior to using their facilities.

  1. PRO Online Services

6.1 You can purchase PRO Online Coaching (self-service) or opt to purchase PRO PLUS Online Coaching (with a dedicated coach).

6.2 Either online service is valid for a period of either 6, 8 or 12 weeks from date of sale. After your selected period you can sign-up for an extended period.

6.3 It can take up to 24 hours to activate your PRO or PRO PLUS online coaching service.

6.4 Subject to any statutory right of cancellation, payments for PRO and PRO PLUS online coaching services are non-refundable, non-exchangeable and non-transferable unless otherwise stated in these Terms and Conditions.

6.5 PRO and PRO PLUS online coaching services are not transferrable.

6.6 If you fail to use your PRO or PRO PLUS online service within your selected usage duration from the date of purchase you will not be entitled to any refund for the services you have not used.

6.7 To become a PRO or PRO PLUS member you must have purchased a PRO or PRO PLUS membership and set up your online Shape Up Fitness account.

6.8 PRO Online Coaching (self-service) is an ONLINE SERVICE ONLY  you manage your own online services and activities.

6.9 PRO PLUS Online Coaching (dedicated online coach) is an ONLINE SERVICE ONLY – with weekly coaching support from your dedicated online coach.

  1. PRICE AND PAYMENT

7.1 The price of the Usage, Class Packs, Personal Training, PRO Online Coaching, PRO PLUS Online Coaching, Nutritional Plans, Consultations, and Appointments will be as quoted on our website from time to time, except in cases of obvious error.

7.2 Prices include VAT. However, if the rate of VAT changes between the date of your order and the date of use, we will adjust the VAT you pay, unless you have already paid for the items in full before the change in VAT takes effect.

7.3 If the pricing error is obvious and unmistakable and could have been reasonably recognised by you as an error, we do not have to provide the items to you at the incorrect (lower) price.

7.4 Payment for all purchases must be by credit or debit card, unless agreed otherwise with us, in writing.

  1. OUR LIABILITY TO YOU

8.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.

8.2 We do not exclude or limit in any way our liability for:

(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c ) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

(e ) defective products under the Consumer Protection Act 1987.

  1. YOUR RESPONSIBILITY

9.1 It is your responsibility to ensure that you follow the Shape Up Fitness instructions always about use of the equipment or correct movements. If you are in any doubt as to how to perform an exercise or correctly operate any equipment you should consult a member of staff before use.

9.2 Your health is your responsibility. You should not exercise beyond your own abilities.

9.3 If you know or are concerned that you have a medical condition that might interfere with you exercising safely, before you use our facilities you should get advice from a relevant medical professional and follow that advice.

9.4 It is your responsibility to ensure that you have agreed with the terms and conditions set by Passford House Hotel for use of their unsupervised gymnasium and swimming pools. It is your responsibility to ensure that you familiarise yourself with the Passford House Hotel terms and conditions. It is your responsibility to sign-in at their reception prior to using these facilities.

  1. PERSONAL BELONGINGS, DRESS, SAFETY

10.1 For security reasons you are advised to take personal belongings and valuables with you and not leave them unattended.

10.2 You are advised to wear a form of comfortable attire that accommodates movement and increased body temperature. Muddy or unhygienic footwear must be removed before entry to use any equipment. For class participation you are requested to wear appropriate footwear and comfortable clothing suited to exercise.

10.3 In the interests of safety and hygiene, no crockery, glass, or food are permitted in the facilities. No alcohol is permitted within the leisure complex or the class studio area. Please bring your own water bottles and water (preferably non- coloured drinks). No pets (except for guide dogs) are permitted in the facility. You should not walk around the facilities barefoot please wear socks or similar for reasons of hygiene. You must use the main entrance when entering or leaving the facilities. Fire exits, which are clearly marked, are there in the interests of safety and you must not interfere with these doors for any reason.

10.4 You are required to bring and use a suitable towel for covering gym equipment or class mats in cases of perspiration.

10.5 In the event of a fire, you are asked to make your way to the nearest available exit.

10.6 Smoking is not allowed.

  1. HEALTH AND ABILITY TO EXERCISE

11.1 You are required to familiarise yourself with the type of movement involved in a class or an online workout plan prior to assessing whether you are fit enough to participate in a session or activity. You should speak to a member of staff for further information. You are responsible for your own health and therefore advised to seek approval from your own G.P prior to attending an exercise class with us or performing any activity with us in person or online.

11.2 We are not medically trained and are therefore not qualified to assess whether you are in good physical condition and/or that you can engage in any exercise without detriment to your health, safety, comfort or physical condition.

11.3 You are advised not to undertake any physical activities without first seeking medical advice and if you have concerns over your physical condition you must seek medical approval first prior to exercising. We reserve the right to refuse access to any Customer if, in our absolute discretion, we consider that the health of the individual concerned may be endangered by the use of our facilities.

11.4 You shall not partake in our classes, online workout plans or use Passford House Hotel facilities if you are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to the health safety, comfort or physical condition of the other Customers. If there is any doubt, you should consult your doctor and must notify us of any circumstances affecting your health which may be exacerbated through continued use of the class and or the facilities.

11.5 By purchasing your classes at Shape Up Fitness and/or attending classes, partaking in online workout plans, fitness events, activities, and other Shape Up Fitness Ltd programs at the Passford House Hotel facilities and equipment or at your own home or other Gym facilities, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of all Shape Up Fitness classes, online workout plans and personal training sessions. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that Shape Up Fitness (Bournemouth) Ltd and Passford House Hotel strongly recommends that you consult with your physician prior to commencing any class, online workout plan  or personal training session.

You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further acknowledge that the specific risks vary from one activity to another, but range from:

(1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by trainers and staff. In consideration of being allowed to participate in and access the Shape Up Fitness services and Passford House Hotel facility, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Shape Up Fitness and Passford House Hotel facility, (2) release, indemnify, and hold harmless Shape Up Fitness and Passford House Hotel, subsidiary affiliate entities and franchisees, and each of their respective members, employees and representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Shape Up Fitness and Passford House Hotel facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Shape Up Fitness and Passford House Hotel, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in Shape Up Fitness and Passford House Hotel facilities, and should not be participating in any classes.

  1. USE OF FACILITIES

You are entitled to attend your booked class at Passford House Hotel facilities when the class is scheduled. All opening times and closing times of all other Passford House Hotel leisure facilities are in accordance with Passford House Hotel policies. Please acknowledge that Passford House Hotel may at any time withdraw all or part of their facilities for any period or periods and with notice, where practicable, about any cleaning, repair, alteration, or maintenance work or for reasons beyond our control.

  1. CHILDREN

13.1 Children under the age of 16 may attend classes at Passford House if acompanied by an adult and if we have given prior approval.

  1. PAYMENT

A valid credit or debit card may make Payment, or you can pay using Paypal.

  1. PAYMENT ARREARS

15.1 If your Fees become overdue, we reserve the right to refuse you entry sums are paid in full.

15.2 Should you default on payments to us, we reserve the right to notify the default to a credit reference agency or other third party to obtain payment from you.

15.3 If you do not make any payment due to us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Lloyds Plc from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

  1. YOUR STATUS

16.1 By placing an order through our website, you warrant that:

(a) you are legally capable of entering into binding contracts; and

(b) you are at least 18 years old.

  1. REFUND POLICY

17.1 In the event you cancel the agreement between us within the seven-day cooling-off period, provided you have not booked nor attended any class or sessions we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the item in full.

17.2 We will refund any money received from you using the same method originally used by you to pay for your purchase.

  1. GENERAL

18.1 Details of class timetables and class times will vary from time to time and are only published on our Website. We reserve the right to change timetables, times or cancel appointments at our discretion, and will endeavour to give notice of such changes as is reasonably practicable.

18.2 You must at all times observe our guidelines which may be notified to you from time to time and you are requested to comply with any reasonable directions which the management of the Shape Up Fitness may issue to ensure the safety of all our Customers and the smooth operation of the facilities for the convenience of all Customers.

18.3 You consent to having your photograph taken by us at any time whilst using the facilities and we reserve the right to use any such individual or group photographs of Customers and/or guests for press or promotional purposes. If a Customer specifically does not want their photograph used for such purposes then they must notify us in writing.

18.4 You are not permitted in any circumstances to take any photographs or video recordings in our facilities, changing rooms and during any Sessions.

18.5 You are required to give written notice to us of any change of address or email.

18.6 We may communicate with you by email. By providing an email address to us you consent to receiving email communications from us, including notices pursuant to these Terms and Conditions. You also accept the risk that email may not be a secure and confidential means of communication. We will not be liable for any loss or damage suffered because of communicating with you by email.

18.7 We reserve the right acting under our sole discretion to refuse admission to the facilities.

  1. WRITTEN COMMUNICATIONS

When using our services, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any requirement that such communications be in writing. This condition does not affect your statutory rights.

  1. 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 reasonable control, including, but not limited to, Acts of God, 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, viruses, difficulties in obtaining raw materials, labour , fuel, parts or machinery, power failure or breakdown in machinery.

  1. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

  1. WAIVER

No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate 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.

  1. 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.

  1. ENTIRE AGREEMENT

These Terms together with our online registration constitute the entire agreement between the parties and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between parties.

  1. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit the exclusive jurisdiction of the English courts.

  1. GDPR POLICY

Here is what we know about you if you filled out a website enquiry, made a purchase of our services, booked online or you filled in a contact form:

Your  personal  details  including  name,  address,  email,  telephone  numbers,  date of birth.

This  is  how  we  use  your  information and where  your information is kept:

  • Our our  online  booking  system ‘Virtuagym’ stores a limited  amount  of  personal  data  in  cloud  storage  using  their  secure  servers. This  data  includes your name, address, email, phone  numbers, date of birth, online booking history including invoices, sessions attended, future bookings, exercise accomplishments and leader board activity. It may prove to be necessary to make a private file note regarding any medical implications that we need to be cautious of with regards to your exercise performance so that we can ensure that we prescribe suitable and safe exercise.
  • Shape Up Fitness DO NOT store any card details. Our online booking service is a secure facility that is completely separate and as such no data is electronically stored or ever sent over the internet.
  • We do not use any third parties except: [Mailchimp for email / Virtuagym for online booking /Paysafe and Paypal for secure online payments].
  • We  do  not  share  or  sell  your  information  to  third  parties.
  • Shape Up Fitness team: All team members are bound by an agreement to abide by all data protection legislation and have no right of access to your details other than for work.

We  do  not  send  spam.

From  time  to  time  we  will  send  a  marketing  email  with  new  classes and services, special  offers  or  discounts  that  may  be  of  interest  to  you.

If  you  no  longer  wish  to  be  contacted  by  us,  no  problem,  here  is  how  you  can  disconnect  from Shape Up Fitness:

Email team@shapeupfitness.com with your full name and request to be removed from our database. We will delete our electronic  files, destroy any paper files and remove you from our mailing list.

  1. PRIVACY STATEMENT

Shape Up Fitness collects email addresses and certain other Personal Information to contact you about classes, events and occasions and other informations that might be of interest to you. You can review, amend or ask to have this information deleted by emailing team@shapeupfitness.com. Your Personal Information will not be passed onto any third parties. We will do our upmost to keep your email address private and will only use your email address to send you information about Shape Up Fitness.

  1. HOW YOU SHOULD CONTACT US

Any written request, notice or other correspondence should be e-mailed to:

team@shapeupfitness.com