WAIVER & RELEASE
By execution of this Waiver and Release and/or attending FLS or FLF classes, PT sessions, activities and other programmes, and using FLS or FLF’s premises, facilities, and equipment (collectively, "Classes and Facilities"),
you hereby agree that there are certain inherent risks and dangers involved in participating in the Classes.
If you observe any hazard during participation, you will bring it to the attention of the nearest FLS or FLF employee or official immediately. You accept and are aware that there are inherent risks associated with physical
activity and participation in the Classes. Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but they range from:
- minor injuries such as scratches, bruises and sprains;
- major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks and concussions;
- catastrophic injuries including paralysis and death and;
- continual or long-term exposure to amplified music carries risk of hearing damage.
In consideration of being allowed to participate in and access the Classes, you hereby:
- assume full responsibility for any and all injuries or damage which are sustained or aggravated by you as a result of your participation in the Classes and/or use of the Facilities;
waive, release and forever discharge Brett James Fitness Limited, Grow Fitness Limited their officers, agents, employees, instructors, ambassadors, representatives, and all others from any and all responsibility,
claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in the Classes and/or use of the Facilities, and
represent you have no medical or physical condition which would prevent you from attending any of FLS or FLF’s Classes/Activities and/or put you in any physical or medical danger, and have not been instructed by a
physician not to do so.
FLS and FLF hereby advise you that individuals with any chronic disabilities or conditions are at risk in participating in the Classes, and are advised against doing so. In addition, if in the opinion of FLS or FLF staff or
instructor, you would be at physical risk by attending the Classes, you will be denied access to the Classes and Facilities until you supply FLS or FLF with an opinion letter from your medical doctor, at your sole cost and
expense, specifically addressing FLS or FLF’s concerns, and stating that FLS or FLF’s concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to participate in the Classes or use the
Facilities. FLS and FLF reserves the right to refuse service at their discretion.
I have read this Waiver and Release agreement, fully understand its terms and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this Waiver and Release freely and
voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. The term of this Waiver and Release is indefinite.
TERMS OF SERVICE
Please read these terms and conditions of service which together with the Privacy and Cookies Policy (as amended from time to time) (the "Terms") govern your use of our website (https://fitnesslab.fit/) (the "Website") and any
purchases of goods or services provided at any of our studios to you. By accessing or using the Website or by purchasing goods or services from Us, you accept and agree to be bound by these Terms. If you do not agree to these Terms
then please do not access or use the Website nor purchase goods and services from Us.
These Terms form a legally binding contract between you and 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 with regard to the use of the Website and the provision of services at FLS. With regard to the provision of services at FLF, these Terms form a legally binding
contract between you and 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. In these Terms “We", "Us" and / or "Our" refer to Brett James Fitness Limited or Grow Fitness Limited as applicable.
By using the Website and / or the goods or services, you affirm that you are at least 18 years of age. You agree that you are fully able and competent to enter into the Terms and abide and comply with these Terms.
The Website, products, applications and any content forming part of the Website and the goods and services are owned by Us or Our affiliates, subsidiaries, licensors or suppliers.
Subject to these Terms, We hereby grant you a personal, non-exclusive, non-transferable limited scope licence to access the Website, and all content included within the Website. If you breach any of these Terms you may be denied
access to the Website and We may terminate or suspend this licence.
Please keep a copy of these Terms for future reference. We may change these Terms for legal, regulatory or security reasons or for any other reason by giving you notice by email or via updates or posting on our Website or by asking
you to re-confirm your acceptance of the Terms. Your continued use of our Website will be deemed your acceptance of the amended Terms.
YOUR LEGAL OBLIGATIONS AND PROMISES TO US
you confirm that:
- you are 18 years old or over, or you are aged 16 – 17 and have provided Us with a signed parental consent form (parental consent forms are available from reception at the studios);
- you have completed Our Health Commitment Statement, and confirm that all information and details provided by you when creating your Account are true, accurate and up to date;
- you will comply with the Rules of Conduct relating to your use of the Website as set out in Section 8.1 and 10 below, and you will comply with any other restrictions set out elsewhere in the Terms;
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 Website or Services including any breach of these Terms or your violation of any law or the rights of a third party.
- 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.
USERS OF OUR SERVICES
You must be:
- aged 18 years or over; or
aged 16 – 17 years, having provided to us a signed parental consent form (parental consent forms are available from reception at the studios), to attend any of personal training sessions ("Sessions") or to use any of
Our facilities at the studios.
- You agree to comply with our Studio Rules which are set out in Schedule 1 to these Terms of Service. The Studio Rules relate to your use of our facilities and your conduct.
- Instructors are subject to change.
We reserve the right to refuse you access to the studios and suspend or terminate your use of Our Services if We reasonably consider that your conduct is damaging to Our reputation, is in breach of the Terms or that such
refusal would otherwise be in the interests of other users of the studios or participants in Sessions.
HEALTH COMMITMENT STATEMENT
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 Statement which you agreed to when registering for an account on the Website. A copy of Our Health Commitment
Statement is available at https://fitnesslab.fit/ or a hard copy is available at all of Our locations.
BOOKING AND PAYING FOR SESSIONS
To book a Session, your Account (as defined below) must include at least one Credit (“Credits”). One Credit entitles you to attend one Session. Before attending any Sessions, you must book and complete our Initial
- The Initial Consultation Session will include a series of measurements and physical tests, and a discussion of your training objectives.
We may provide you with an account to access to an online training application. This account allows the logging of workout data and the provision to you, via an app, of training programs for you to follow when not at our
studio. If you cease training with Us, this account will be deactivated.
The price of your initial purchase from Us includes the provision to you of a Myzone training belt. This belt becomes your property and you are responsible for it. Should you require a replacement belt, please speak with
your trainer. Replacement belts cost £50 + VAT.
- You can purchase Credits through Our Website or by speaking to any member of our staff. Multiple Credits can be purchased as bundles at discounted rates.
- Price details for Credits and Initial Consultation Sessions are available on Our Website and shall be such prices as determined by Us from time to time.
- All Credits will expire 12 months from the date of purchase.
- Credits and Session bookings are not transferable to any other person and you should not allow anyone else to book sessions using your Credits.
- Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in the Terms.
- If you introduce a new client to Us and that client purchases a multiple Credit bundle, you will be given a 10% discount on your next purchase from Us.
you acknowledge that We charge fees for Our Services, and We reserve the right to change Our fees from time to time and at Our sole discretion. If We terminate your Account (as defined below) because you have breached the
Terms, you may not be entitled to a refund of any unused portion of Credits you have purchased.
BOOKING A SESSION
You can book Sessions via the Website, our App or directly with your trainer. Sessions may be booked on an ad hoc basis or at a fixed regular time (subject to availability). When you book a Session, one Credit will be
deducted from your Account (as defined below).
We make every effort to ensure that your trainer (or an alternate trainer who you agree to train with) is available for your scheduled Session. However, in the event that we have to cancel a Session the Credit for that
Session will be refunded to your Account.
You may cancel a booking at any time up to 24 hours before the relevant Session and receive a refund of your Credit(s) used to book such Session. If you cancel a booking less than 24 hours before the relevant Session, your
Credit used to book the relevant Session will not be returned to your Account (as defined below) (the "Cancellation Policy").
- 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 studios. You assume all risk of loss for any of your personal belongings.
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 Our 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.
If you change your mind about any goods or services purchased from Us, you may return them, with your receipt, to any of the 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.
- Clause 8.1 does not apply to any perishable items purchased at our studios.
YOUR ACCOUNT / USE OF THE WEBSITE
Use of the Website may require you to create an account. If you don’t already have an account and such account is required, you will be prompted to set one up before using the Website or any of the goods, services or studios
("your Account"). Your access to the Website, goods and services will be linked to your Account and you are required to comply with the requirements set out in these Terms together with any terms you may have signed up to in
relation to your Account.
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 Website, goods or services and in such
event the licence granted to you under these Terms will be suspended and / or terminated.
We do not have the means to check the identities of people using the Website 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.
- We reserve the right to remove any content from the Website at Our sole discretion.
RULES OF CONDUCT AND YOUR USE OF THE WEBSITE
you agree that in using the Website you will not:
- use the Website for any purpose other than for your personal or stated commercial use;
reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivate works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Website or any portion thereof;
- access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website’s security measures;
- partake in any behaviour that We deem inappropriate and disruptive, or against the tone and nature of the Website (where user-generated content or an online community exists);
harass, threaten, embarrass, spam or do anything else to another person that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation or
religion (where user-generated content or an online community exists);
organise or participate in any activity or group that is harmful, abusive, offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, invasive of personal privacy or encourages conduct that
would violate a law or in a reasonable person's view be objectionable and / or inappropriate (where user-generated content or an online community exists);
- use abusive, offensive, or defamatory screen names and / or personas;
- impersonate any other person, or indicate falsely that you are an employee or a representative of Our or any of Our partners or affiliates;
- promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and / or distribution of counterfeit software;
- upload any files that contain a virus, Trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt the Website, goods or services;
- improperly use Website support or make false or spurious reports to Us; and
- you will obey all local laws, regulations and rules that apply to Website activities when you use the Website.
- We reserve the right to access, monitor and / or record any online activity within the Website and your Account and you give Us your express consent to access and record your activities.
- Any breach or potential breach of any of the above rules of conduct shall be determined by Us at Our sole discretion.
- Subject to Section 16, We have no liability for any loss or damage caused by your or any third party's violation of the rules of conduct set out in this Section 10.
USER GENERATED CONTENT
All remarks, suggestions, ideas, graphics, or other information communicated, posted or uploaded by you to the Website ("User Generated Content" or "UGC") shall forever be Our property. We shall have exclusive ownership of
all present and future existing rights to the UGC of every kind and nature, everywhere.
- We shall be entitled to use your UGC for any purpose whatsoever, without compensation to you or any other person submitting the UGC.
You acknowledge that you are responsible for whatever material you submit, and you, not Us, have full responsibility for the UGC, including its legality, reliability, appropriateness, originality, and copyright. You agree
that We shall not under any circumstances be liable for any UGC.
We, or third parties engaged by Us, may monitor and / or moderate UGC but We do not guarantee the accuracy, quality, or integrity of any UGC posted via the Website. By using Our Website, you acknowledge and accept that you
may be exposed to material you find offensive or objectionable.
- We reserve the right to remove and permanently delete any UGC from the Website with or without notice.
We do not guarantee the availability of the Website. We may install updates, upgrades and additional features that We deem reasonable, beneficial to you and / or reasonably necessary. These Terms shall apply to any updates,
upgrades and / or additional features that are not distributed with a separate license or other agreement.
These Terms apply to your use of the Website, goods and services at all times, and shall also govern your use of the Website from the date that you first use the Website and shall continue until you no longer use or cancel
your Account or We terminate this licence.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in our studios and Services, the Website, all content appearing within the Website throughout the world belong to Us, Our licensees or affiliates, that any rights in the
Website are licensed to you and you do not acquire any rights in the Website other than the right to use the Website under the terms of this licence. By content, we mean the software, video, audio, music, text, characters,
communications, images, sounds and all material and information included within the Website and any related services.
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 Website or related to our studios or Services, other than as expressly permitted in these Terms.
SUSPENSION AND TERMINATION
We may suspend, restrict or terminate your access to the Website and/or the Services, and consequently suspend or terminate the licence granted to you under these Terms, if:
- you breach of any of the restrictions or provisions in these Terms;
- for reasons of a system failure, maintenance or repair or due to events beyond Our reasonable control; and / or
- We decide to withdraw the Website and related Services from the market for any reason in Our sole discretion.
Should We wish to terminate this agreement We will notify you in writing by email. Upon termination the rights and the licence granted herein will terminate and you must cease all use of the Website and related Services.
OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
As a reminder to you, We are under a legal duty to ensure that the Website complies with the contract between us. If the Website fails to work or otherwise fails to comply with the contract between us, we will offer you a
corrected version of the Website where possible. We will only pay compensation to you in the event the Website damages your device as result of Our failure to exercise reasonable care and skill.
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.
- 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 Website.
Access to the Website 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.
- We do not make any representation or give any guarantee (whether express or implied) in respect of the Website, goods or services, including, without limitation, any advice given to you (on a personal or general basis).
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 the Website 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.
- The Terms, together with Our Health Commitment Waiver, Our Privacy and Cookies Policy, constitute the entire agreement between you and us in relation to your use of the Website and the Services.
If any of the Terms are or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
- the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or
- 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.
RIGHTS OF THIRD PARTIES
- 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.
- No waiver of any of the Terms shall be valid unless provided in writing by Us.
DATA PROTECTION, SECURITY AND PRIVACY
- Our Privacy and Cookies Policy (available at https://fitnesslab.fit/) sets out how We collect and use your personal data and other information regarding your privacy.
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 the Website.
- We are registered as a data controller for the purposes of the Data Protection Act 1998. If you have any queries about how We use your personal data please contact firstname.lastname@example.org
HOW TO CONTACT US FOR SUPPORT OR TO REPORT COMPLAINTS, FAULTS OR ABUSE
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 Website and Services then you may contact Us at the email
address or postal address as set out in the Website.
GOVERNING LAW AND JURISDICTION
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 6 June 2020.