Terms Of Service

These Terms of Service form part of your agreement with the following Fitness Lab entities depending on the Fitness Lab studio you receive goods or services at as outlined below:

  1. If you receive services at Fitness Lab Soho, your agreement is with Brett James Fitness Limited (trading as Fitness Lab Soho), a limited company registered in England and Wales under registration number 08058367, with its registered address at 12 Copperworks, 57 Blackhorse Road, London, United Kingdom, E17 7FN;
  2. If you receive services at Fitness Lab Fitzrovia, your agreement is with Grow Fitness Limited (trading as Fitness Lab Fitzrovia) a limited company registered in England and Wales under registration number 10814825, with its registered address at 12 Copperworks, 57 Blackhorse Road, London, United Kingdom, E17 7FN; and
  3. If you receive services at Fitness Lab Mayfair, your agreement is with FL Mayfair Limited (trading as Fitness Lab Mayfair) a limited company registered in England and Wales under registration number 14396591, with its registered address at 12 Copperworks, 57 Blackhorse Road, London, United Kingdom, E17 7FN.

In this agreement, “Fitness Lab“, “We“, “Us” and/or “Our” mean Brett James Fitness Limited, Grow Fitness Limited and FL Mayfair Limited as applicable.

Your agreement with Fitness Lab includes these Terms of Service, the Privacy and Cookies Policy, the Fitness Lab Studio Rules and the Health Commitment Waiver (together, the “Terms“).

Please read the Terms carefully. These Terms form a legally binding contract between you and Fitness Lab.

1. YOUR LEGAL OBLIGATIONS AND PROMISES TO FITNESS LAB

  • 1.1. You confirm that:
    • 1.1.1. you are 18 years old or over;
    • 1.1.2. you have completed Our Health Commitment Waiver, and confirm that all information and details provided by you are true, accurate and up to date; and
    • 1.1.3. you will comply with the Fitness Lab Studio Rules at all times.
  • 1.2. You agree to compensate Us where We pay damages or incur any other loss or expenses (including any legal fees in relation to such claim or damages) following any claim made by a third party in respect of any matter in relation to or arising from your use of the Services including any breach of these Terms or your violation of any law or the rights of a third party.
  • 1.3. If We take legal action against you for non-payment or any other breach of these Terms and a court makes an award in Our favour, you will be responsible for all costs allowable by the courts.

2. SERVICES

  • 2.1. Subject to these Terms, you may purchase training, coaching and/or related services (“Services“) from Us which may include one or more of the following (as agreed in writing between you and Us):
    • 2.1.1. Personal Training. One-to-one sessions with your Personal Trainer at one of the Fitness Lab studios or provided virtually.
    • 2.1.2. Online Personal Training. Personalised coaching by your Personal Trainer with a bespoke exercise and nutritional program delivered through the Trainerize mobile application (“Trainerize“).
    • 2.1.3. Nutritional Advice. Personalised nutritional guidance and advice.
    • 2.1.4. Body Composition Scanning. Body composition analysis scans, providing key body metrics including body fat percentage, muscle mass, BMI and metabolic age.
  • 2.2. We reserve the right to refuse you access to the Fitness Lab studios and suspend or terminate your use of Our Services if We reasonably consider that you have breached the Terms.
  • 2.3. You acknowledge that the Services are provided to you for your personal use only. You must not sell, exchange or share these Services or make them available to anyone else or attempt to do so (for example, by sharing your personal training plans with others).

3. PHYSICAL ACTIVITY READINESS QUESTIONNAIRE (PARQ)

  • 3.1. Before you receive any Services from Us, you must complete a Physical Activity Readiness Questionnaire (“PARQ“) which includes your medical history, nutrition, lifestyle, fitness goals and training schedule.
  • 3.2. Completion of the PARQ is required in order for Us to provide you with Services which are tailored to your needs, therefore you shall ensure information and details provided by you are true, accurate and up to date. You confirm that you have read, understood and answered the PARQ honestly and accurately.
  • 3.3. We reserve the right to refuse to provide Services to you if We reasonably consider that the PARQ is incomplete, inaccurate or because We determine that it would not be safe to provide our Services to you.
  • 3.4. You agree that you will inform your Personal Trainer promptly of any changes to your personal information so that your completed PARQ can be updated accordingly.

4. HEALTH COMMITMENT WAIVER

  • 4.1. Our staff, agents and subcontractors are not medically qualified so if you have any doubts about your fitness or capability to exercise, We strongly recommend that you get advice from a doctor first. For safety reasons, you are responsible for correctly using Our facilities and agree to keep to the conditions in the Health Commitment Waiver.

5. PERSONAL TRAINER

  • 5.1. You will be assigned a dedicated personal trainer (“Personal Trainer“) who will be your primary point of contact and be responsible for providing the Services listed at clause 2. We reserve the right to assign you with a replacement Personal Trainer from time to time for any reason.
  • 5.2. Your Personal Trainer is not medically qualified and cannot therefore provide any medical assessment, prescribe treatment or diagnose any medical conditions. Your Personal Trainer may therefore require you to consult your doctor before you continue using Our Services. Any advice provided by your Personal Trainer relates to exercise and nutrition to achieve your personal fitness goals only and does not qualify as medical advice.

6. BOOKING AND PAYING FOR SERVICES

  • 6.1. To purchase Personal Training, you must complete Our Initial Consultation Session which includes a series of measurements (including a Body Composition Scan), physical tests and a discussion regarding your training objectives (“Initial Consultation Session“). During the Initial Consultation Session, you will complete a PARQ.
  • 6.2. Your Personal Trainer will create your personalised account on Trainerize (your “Account“). This Account allows the logging of training data and the provision of Online Personal Training. If you cease training with Us, your Account will be deactivated.
  • 6.3. You can purchase sessions for Personal Training by speaking to your Personal Trainer (“Sessions“). Each Session entitles you to one Personal Training session, the number of Sessions to be agreed between you and your Personal Trainer.  
  • 6.4. Sessions will be approximately 60 minutes in length and will start at the time scheduled and agreed between you and your Personal Trainer.
  • 6.5. We make every effort to ensure that your Personal Trainer (or an alternative Personal Trainer who you agree to train with) is available for your Sessions. However, in the event We have to cancel a booking, this will not count toward the Sessions which you have pre-purchased.
  • 6.6. You may cancel a booking at any time up to 24 hours before the relevant Session. If you cancel a booking less than 24 hours before the relevant Session, that Session will be lost and you will not be refunded for the Session.
  • 6.7. If your Personal Trainer is late for your scheduled Session, that Session or a subsequently scheduled Session will be extended accordingly.
  • 6.8. If you are late for a scheduled Session, that Session and any subsequently scheduled Session will not be extended due to your lateness. If you are more than 30 minutes late for a Session, your Personal Trainer is entitled to cancel the appointment and you will lose that Session without a refund.

7. PERSONAL BELONGINGS

  • 7.1. You hereby agree that We are in no way responsible for the safekeeping of your personal belongings while you or they are present at any of the Fitness Lab studios. You assume all risk of loss for any of your personal belongings.
  • 7.2. For an annual fee, advertised from time to time and payable in advance, We will provide you with a kit bag and will store one set of training clothes for you at your chosen Fitness Lab studio. These clothes will be washed for you after each Session. Please note that if you cease to train with Us, you must remove these clothes within one month; failure to do that will result in Us disposing of the clothes as We see fit. The kit bag provided remains Our property and must be returned to Us if you cease to use this service.

8. GOODS

  • 8.1. In addition to the Services offered by Fitness Lab, We may also offer additional goods for purchase from Fitness Lab studios from time to time.
  • 8.2. If you change your mind about any goods or Services purchased from Us, you may return them, with your receipt, to any of the Fitness Lab studios within 14 days of purchase and We will give you a full refund provided that the goods and Services are unused and are not damaged. This does not affect your statutory rights as a consumer.
  • 8.3. Clause 2 does not apply to any perishable items purchased at Our studios.

9. YOUR ACCOUNT

  • 9.1. If any information you provide in connection with your Account is untrue, inaccurate, out-of-date or incomplete then We reserve the right to refuse your current and future use of the Trainerize or Our Services.
  • 9.2. We do not have the means to check the identities of people using the Trainerize and will not be liable where your Account is used by someone else. You agree to notify us immediately if you become aware of any unauthorised use of your Account.

10. THIRD PARTY PLATFORMS

  • 10.1. Many of Our Services may be provided through third-party platforms (including WhatsApp and Trainerize). These third parties will impose additional terms and conditions governing the use of their service and Our Services. Those terms and conditions will form a separate agreement between you and the relevant third party service provider and are in addition to these Terms. We encourage you to read the terms and conditions of these third parties carefully before you agree to then.
  • 10.2. You must also accept and comply with all terms and rules of third-party platforms who make Our Services available to you. Any breach of these terms or rules shall be deemed to be a breach of these Terms by You.
  • 10.3. If We provide links to, and connect with, other services and resources provided by third parties, We have no control over that third-party content and We make no warranties or representations as to the legitimacy, accuracy or quality of such third-party content. Any external site that you visit by clicking through a link is entirely at your own risk. We accept no responsibility for their content, behaviour, safety, or treatment of your personal data.

11. TIME PERIOD

  • 11.1. These Terms (as amended from time to time) apply to your use of our goods and Services at all times and shall continue until you no longer use or cancel your Account or We terminate these Terms with you.
  • 11.2. We will notify of you of any material change to these Terms. If you do not agree with the changes, please contact your Personal Trainer and We shall provide you with a pro-rated refund of your pre-purchased Sessions.

12. INTELLECTUAL PROPERTY RIGHTS

  • 12.1. You acknowledge that all intellectual property rights in the Fitness Lab studios and Services (including but not limited to our fitness training programmes and diet plans) throughout the world belong to Us, Our licensees or affiliates.
  • 12.2. Any use by you of any of Our intellectual property other than as permitted under these Terms may only be undertaken with Our prior express written authorisation. Nothing contained within these Terms shall be construed as conferring any right, whether by implication, estoppel or otherwise, to use any intellectual property in the Fitness Lab studios or Services, other than as expressly permitted in these Terms.

13. SUSPENSION AND TERMINATION

  • 13.1. We may suspend, restrict or terminate your access to the Services, and consequently suspend or terminate your rights under these Terms if:
    • 13.1.1. you breach of any of the restrictions or provisions in these Terms;
    • 13.1.2. for reasons of a system failure, maintenance or repair or due to events beyond Our reasonable control; and / or
    • 13.1.3. We decide to stop providing Services for any reason in Our sole discretion, in such circumstances We shall provide reasonable notice where We decide to cease providing the Services.
  • 13.2. Should We wish to terminate these Terms We will notify you in writing by email. Upon termination the rights granted herein will terminate and you must cease all use of the Services.
  • 13.3. For the avoidance of doubt, should the coach who you are training with at Fitness Lab no longer be available and we offer you one or more qualified coaches as a replacement, your decision to cease training with us does not constitute grounds for a refund.

14. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY

  • 14.1. Nothing in these Terms shall exclude or limit Our liability for fraudulent misrepresentation, death or personal injury resulting from Our negligence or the negligence of Our employees or agents, or any other liability which cannot be excluded or limited under applicable law.
  • 14.2. We do not accept any liability for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Trainerize.
  • 14.3. Access to the Trainerize or any of our Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or due to events beyond Our reasonable control including but not limited to fire, flood, storm, riot, civil disturbance, strikes or other industrial action, war, nuclear accident, terrorist activity and acts of God.
  • 14.4. We do not make any representation or give any guarantee (whether express or implied) in respect of the Trainerize, goods or Our Services, including, without limitation, any advice given to you (on a personal or general basis).
  • 14.5. Our liability in tort, contract, negligence, non-fraudulent pre-contractual or other representations, or otherwise arising out of or in connection with these Terms and / or in connection with Trainerize shall be limited in aggregate to the sum paid by you to Us in the one-year period prior to any claim issued by you.

15. ENTIRE AGREEMENT

  • 15.1. The Terms, together with the Fitness Lab Studio Rules, Health Commitment Waiver, and Privacy and Cookies Policy and any other documents referred to in these Terms constitute the entire agreement between you and Us in relation to your use of Our Services.

16. SEVERANCE

  • 16.1. If any of the Terms are or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
    • 16.1.1. the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or
    • 16.1.2. the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.

17. RIGHTS OF THIRD PARTIES

  • 17.1.  A person who is not a party to the Terms may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.

18. WAIVER

  • 18.1. If We do not enforce our rights against you, or if We delay in doing so, that does not mean that We have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If We do not waive a breach by you, We will only do so in writing, and that will not mean that We will automatically waive any later breach by you.

19. DATA PROTECTION, SECURITY AND PRIVACY

  • 19.1. Our Privacy and Cookies Policy (available at https://fitnesslab.fit/privacy-policy/) sets out how We collect and use your personal data and other information regarding your privacy.
  • 19.2. We will co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone breaching any provision of these Terms due to behaviour that may be deemed a criminal offence or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law to disclose information about you or your use of websites.
  • 19.3. We are registered as a data controller with the UK Information Commissioner’s Office (ICO). If you have any queries about how We use your personal data please contact hello@fitnesslab.fit.

20. HOW TO CONTACT US FOR SUPPORT OR TO REPORT COMPLAINTS, FAULTS OR ABUSE

  • 20.1. If you require customer support or would like to report a complaint, a fault or abusive behaviour or if you have any other questions or comments in relation to the Services then you may contact Us at the email address or postal address as set out on Our website at https://fitnesslab.fit/. Alternatively, please contact your Personal Trainer.

21. GOVERNING LAW AND JURISTICTION

  • 21.1. In the event of any dispute between you and Us concerning these Terms, the laws of England and Wales will apply, to the extent permitted by local law. If you wish to take court proceedings against Us you must do so within England and Wales.

These Terms were last updated on 14th October 2023