The FIT Movement Terms & Conditions

1. Introduction

These terms and conditions together with our Privacy Policy and Medical Disclaimer (together “the Terms”) are the terms and conditions upon which we supply to you our class sessions, personal training sessions, goods, services, courses or digital content.

Your use of this website and/or purchase from us constitutes your acceptance of these Terms. Different Terms may apply depending on what services you purchase or content you access. Please read them carefully.

Unless expressly stated below, all Terms apply to our classes, 1:1 services or online digital products or services or content.

In these Terms, “we”, “us”, “our” means The FIT Movement Limited. “You”, “your”, and “yours” means you the client.

Please ensure that you refer back to these Terms as they may be amended from time to time and will continue to apply to you.

All classes and services are provided by The FIT Movement Limited (whose registered office is 8 Barnsley Drive, Teignmouth, Devon TQ14 8PP and whose company number is 10348766).

2. Class Sessions

Depending on the class you enrol in, you may elect to purchase in advance either a 1-session, 5-session or 10-session pack. These sessions will expire either 2 weeks, 6 weeks or 14 weeks respectively (as applicable) from the date of your purchase.

Booking for class sessions can be made in advance via our online booking system. It is your responsibility to ensure that you have made your booking and that you use your sessions before their expiry. Your reservation is not confirmed until you have received confirmation from us.

Before attending your first class session, you are required to submit to us your online health questionnaire. We may require a letter of medical clearance from your GP or other medical professional. Please be aware that you may be charged for this. You agree to notify us of any subsequent changes to your health or of any injury which may affect your ability to exercise safely and with minimal risk of injury.

3 Personal Training Sessions

Abdominal separation and pelvic floor services: Where you purchase a 3-session pack, you have 8 weeks from the date of purchase to use up your sessions. Where you purchase a single session-pack, you have 4 weeks from the date of purchase to use up your session.

Other personal training: Where you purchase a 6-week pack (whether that is one or two sessions per week), you have 8 weeks from the date of purchase to use up your sessions.

Booking for sessions is agreed in advance with us, either by email, telephone or in person. It is your responsibility to ensure that you have made your booking and that you use your sessions before their expiry. Your reservation is not confirmed until you have received confirmation from us.

Before attending your first personal training session, you are required to submit to us your online health questionnaire. We may require a letter of medical clearance from your GP or other medical professional. You agree to notify us of any subsequent changes to your health or of any injury which may affect your ability to exercise safely and with minimal risk of injury.

4 Cancellations

Class sessions: You may change or cancel your reservation without charge up to 1 hour before the start of the class session you have booked. In these circumstances, we will re-credit your account and you can re-book any class session in accordance with these Terms. You may change or cancel a class session using our online booking system or by phone or text message.

Personal training sessions: You may change or cancel your reservation without charge up to 24 hours before the start of the personal training session you have booked. In these circumstances, we will re-credit your account and you can re-book any personal training session in accordance with these Terms. If you cancel within 24 hours of the personal training session, you will not be entitled to a refund and will forfeit the session. You may change or cancel a personal training session by phone/text message.

If we cancel your session you have booked: We will use reasonable efforts to contact you by text, email or telephone to let you know. Subject to availability, we will offer you the option to be transferred to another session otherwise we will re-credit your account. For any session we may cancel, we will extend the time by which you need to use all your credits accordingly.

5 Payment

All sessions (whether class or personal training) must be paid for in full in advance in order to attend.

Where we have agreed on payment by instalments (for example, for digital products or services), should you default on payments to us, you will no longer have access to the service you have purchased until your payments are up-to-date. We also reserve the right to notify any default to a credit reference agency in order to obtain payment from you.

6 Refunds

Once purchased, your sessions, courses, workshops etc are non-refundable.

Subject to our cancellation policy at paragraph 4 and the terms in this paragraph 5, any unused credits with your 1-session, 5-session or 10-session class packs or personal training sessions not used within the applicable time limit will not carry over.

Refunds will not be given due to temporary illness, injury or non-participation in sessions, courses or workshops.

Long-term absences due to serious injury or illness or complications following pregnancy or surgery will be dealt with on a case-by-case basis.

Where you are pregnant and discontinue class sessions, then up to 3 unused sessions may be carried over to our FIT Mamas ’n’ Buggies classes and deducted from any 10-session pack you purchase. The unused sessions must be commenced no later than 4 months from baby’s arrival.

Where you are pregnant and discontinue personal training sessions, then any unused sessions may be carried over. The unused sessions must be commenced no later than 4 months from baby’s arrival.

In the event that we are unable to continue your sessions, courses or workshop for any reason you may request a full refund from us for any unfulfilled sessions.

We reserve the right to cease any sessions or courses in general or for a client at our sole discretion and will use reasonable efforts to provide reasonable notice and issue a refund where applicable.

7 Lateness

In respect of class sessions, in order to reduce the risk of injury and as a consideration to others, we reserve the right to exclude anyone from class who is more than 15 minutes late. In accordance with our cancellation policy, you will not be refunded for class sessions you are unable to attend due to your lateness.

In respect of personal training sessions, if you are late the session cannot be extended and will end at the appointed time. If we are late, then additional time will be added to the session or to subsequent sessions.

8 Refer a Friend Scheme

The “Refer a Friend” scheme applies to all current clients.

Where you refer a friend to us (who is not a current or former client of ours) and they purchase either a 10-session pack of classes, our FIT Mama Core Recovery Course, or a block of 1:1 personal training sessions, you shall be entitled to receive one session credit, which will be added to the end of your current session pack. No cash alternative is provided. Your friend may only be referred to us once and must state that they are being referred by you at the time of booking.

9 Publicly released material

Your training may be photographed, filmed or audio recorded at any of our sessions or events, or you may provide quotes. These may be used for publication, promotion, articles, sales, marketing and advertisements without additional consent and without compensation.

10 Intellectual Property

Save where otherwise stated, we are the sole owner or licensee of all intellectual property rights of our sessions and course material, the other content we provide you and the content on our website (“the Content”). These are protected by copyright laws.

You understand and acknowledge that the Content has been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorised use.

If you purchase or access any of the Content, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use the Content in a manner that constitutes an infringement of our rights or in a manner that has not been authorised by us.

You are being granted a limited license to use the Content with permission and restrictions. This means that when you purchase from us or use our website or otherwise, you are purchasing the limited right to use the Content in the form that is provided by us to you with certain conditions as specified in these Terms. All rights not expressly granted in these terms or any express written license, are reserved by us.

You are permitted to download and/or print the Content for your own personal use. You are not permitted to share, sell, reprint or republish any of the Content, including handouts, to provide to anyone else or for business use.

Any log-on details or passwords you are provided with are for your own personal use and must not be shared.

You agree and understand that prohibited use, improper and/or unauthorised use may give rise to a civil claim for damages and/or be a criminal offence.

11 Liability

We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. We are not responsible for any loss or damage that is not foreseeable or for loss or damage which is due to you or a third party not connected with us. 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 purchase.

Subject to the preceding paragraph, in relation to all products and services offered by us, you willingly assume and agree to accept full responsibility for any and all risks, hazards and injury that you are exposing yourself to as a result of participation in our classes, programs, services and products. In full consideration of those risks, hazards and injury and in full consideration of the fact that you are willingly and voluntarily participating in our classes, programs, services and products, you agree to hereby waive, release and discharge us, our agents, directors, officers, principals, employees, assigns, affiliates and volunteers of any and all liability, claims demands, rights of action or damages of any kind related to or in any way connected to your participation.

We do not seek to exclude or limit our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation or any terms implied by law.

12 Indemnification

You recognise that there is a risk involved in the types of classes, programs, services and products offered by us. You, therefore, accept financial responsibility for any injury that you or another participant may cause either to yourself or him/herself or to any other participant due to your negligence.

Further, you agree to indemnify and hold harmless us, our agents, directors, officers, principals, employees, assigns, affiliates and volunteers from liability for the injury or death of any person(s) and damage to property that may result from your negligent or intention act or omission while participating in our classes, programs, services and products.

13 Force Majeure

We shall not be liable to you or deemed to be in breach of these Terms by reason(s) 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 by any government, parliamentary or local authority strikes, lockouts or other industrial action or trade disputes, IT system failures, viruses, power failure or breakdown in machinery.

14 Waiver

No delay or failure by either party to exercise any of its powers, rights or remedies under the 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.

15 Amendments to these Terms

We reserve the right to amend these Terms from time to time and without notice to you.

16 Severability

If any portion of this agreement is held invalid, unlawful or unenforceable by a court of competent jurisdiction or other competent authority, 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.

17 Address for Contact

For any written notice or enquiry, please email hello@thefitmovement.co.uk

We may contact you using the contact details you have provided to us.

18 Third-party rights

These Terms constitute a contract between you and us. No other person shall have the right to enforce any of these Terms.

19 Entire Agreement

These Terms 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 agreement or understanding of any kind, whether oral or written, between us and you.

20 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.

Last Edited on 2019-10-25