Terms & Conditions of the Better Body Club
These Terms set out the basis on which we will accept online bookings for classes and courses that the Better Body Club offer as either online classes or in person in one of our local community centres. If you do not agree with these Terms, then you should not submit proceed with your application to make a booking. You should print and save a copy of these Terms for future reference. We amend these Terms from time to time and every time you make a Booking you should check these Terms to ensure you understand the terms that apply at that time.
1.1 "Bookings" means a booking in relation to the Services which is confirmed by us in accordance with clause 5 and "Book" and "Booked" will be interpreted accordingly;
1.2 "Company" means The Better Body Club (address and details below) and is referred to as "we", "us" or "our" throughout these Terms.
1.3 "Event Outside Our Control" has the meaning set out in clause 12.
1.4 "Prices" means the fees payable by you in relation to the Booking, as set out on the Website.
1.5 "Member" means a person who has a valid membership record with The Better Body Club.
1.6 "Block Booking" means a Booking in relation to which the Services are to be provided at more than one Session.
1.7 "Client" means the person undertaking the Activity, being either you or another person on whose behalf you make the Booking;
1.8 "Venue" means location of the class.
1.9 "Sessions" means, in relation to a Booking, the sessions during which the Services are to be provided which are set out in the Application.
1.10 "One off payment" means a Booking in relation to which the Services are to be provided at a single Session;
1.11 "Terms" means these terms and conditions.
1.12 "Website" means our website at www.betterbodyclub.co.uk
1.13 References to "you" and "your" mean you and your associated members, where applicable.
1.14 References to the singular include the plural and vice versa.
2. ABOUT US
2.1 We are The Better Body Club operating as a sole trader.
2.2 We operate the Website.
2.3 Our registered address is: Little Lullenden, Apless Lane, Worlds End, Hambledon, Hampshire, PO7 4QA.
2.4 If you need to contact us for any reason at all in relation to your Booking or your participation in the Activity, you can contact us at firstname.lastname@example.org or on 07923 231806
3. USE MADE OF YOUR PERSONAL INFORMATION
At the Better Body Club we are committed to protecting your personal information and being transparent about what we do with it. We are committed to using your personal information in accordance with all applicable laws concerning the protection of personal information and not to do anything with your information you wouldn’t reasonably expect. We currently store information in three different ways:
Paper/Electronic files – We currently hold all health screening Pre-Exercise Questionnaires in a secure location as a paper copy or in an electronic folder. Should you wish to access your own personal information or delete past data please e-mail us at email@example.com. We store the information of clients that have left us for ten years before shredding or deleting the data. We will not share or sell this data to anyone else and we treat all information, including health details, confidentially.
Our website may include links to other sites such as advertisers and social media sites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Accessing and updating your personal information
You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email us at firstname.lastname@example.org
We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate.
Equally, please let us know of any changes to your personal information. You can also let us know if you would no longer like to receive communications from us.
Changes to this notice
We may change our privacy notice from time to time so please check back periodically.
4. ACCEPTANCE OF YOUR BOOKING
4.1We have the right to refuse any application. We reserve the right to verify or require proof of all information given in the Application. Any fraudulent or wrongful information given in order to obtain a Booking could result in the cancellation of your Booking.
4.2 We only accept Bookings by people over the age of 18. Bookings for Activities to be undertaken by children can only be made by the parent or legal guardian of those children. By submitting the Application you warrant that you are aged 18 or over and that if you are Booking an Activity for a child, you are the parent or legal guardian of that child.
4.3 Subject to the Booking being confirmed and subject to you paying the Fee, you have the right to undertake the Activity at the time or at the times set out in the Application.
5 THE SERVICES
5.1 Subject to the remainder of these Terms, we will provide the Services at the Sessions set out in the Application.
5.2 We will use our reasonable efforts to ensure that each Session starts on time, but times shall be estimates only and shall not be of the essence for the provision of the Services.
5.3 You will provide all information and cooperation in relation to the Services that we reasonably require from time to time.
5.4 If there is any problem with the Services you should let us know as soon as reasonably possible and give us a reasonable opportunity to correct any problem within a reasonable time.
6. LIMITATION OF LIABILITY
6.1 We are responsible to you for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence but we are not responsible for loss or damage caused by other factors including loss or damage caused by you or a third party not involved on our behalf with the Services.
6.2 You bring all personal belongings to classes at your own risk. We accept no liability for loss or damage to property of members/clients which is not caused by the negligence of us.
6.3 You park your car at our venues at your own risk. We accept no liability for loss or damage to your car and its contents which is not caused by the negligence of us or our employees.
6.4 Nothing in these Terms will exclude or limit our liability for fraud or death or personal injury caused by our negligence.
7. PHYSICAL HEALTH OF PARTICIPANT
7.1 It is your responsibility to make sure that the Participant of taking part in the Activity.
7.2 You should consult your doctor before you begin the Activity if you are not sure whether or not it is suitable. If you have any concerns about your or your children’s physical condition, you must get medical advice before attending undertaking Activity. It is your responsibility to make any instructor for your Activity aware of anything that may affect your or your child’s/children’s participation in the Activity.
7.3 We may prevent you or your child/children from participating in a class if we consider that the class could put you or your child/childrens health at risk.
7.4 Updated Government guidelines regarding Covid-19 override any we have set down in these terms. DO NO ATTEND classes if you or any of your household are showing symptoms of Covid-19. Hand sanitiser must be used before and after classes. Members are to keep 2m apart at all times.
8.1 You acknowledge that by submitting your Booking, you are obliged to pay Fees as stated on the Booking.
8.2 The Fees are payable in the amounts and at the times set out on the Website.
8.3 You must pay the Fees applicable to Single Session Booking in full, in cash, when you attend the class.
8.4 You may pay the Fees applicable to Multiple Session Bookings at the beginning of the new block, either in cash or cheque to the instructor, by bank transfer as shown in "Fees" on our website or via our online payments system MINDBODY.
8.5 Monthly membership can be paid as a one off payment in any of the ways stated in 8.4 and your monthly membership will run from the date you paid in one month to the same date in the next consecutive month.
8.6 Direct Debit
8.6.1 If we permit, and you choose, to pay by direct debit then:
a) fees will be payable by monthly payments and are due on the 1st of the month. Direct debits can be set up by you via our online booking system MINDBODY by clicking on our ONLINE STORE and then the "Contracts" Tab.
b) you must ensure that you provide us with all information required by us in order to set up direct debit payments (the "Payment Information") and that the Payment Information is accurate.
c) you must pay the Monthly Payments whether or not you choose to attend the Sessions; and
d) we may increase the Fees and the amount of the Monthly Payments by giving you not less than 30 days' notice.
8.6.2 If we do not receive a Monthly Payment when it is due then we will notify you and:
a) until the outstanding Monthly Payments have been paid, you will not be entitled to attend any Sessions; and
b) we may cancel the Booking unless, within 7 days of our request:
i. you pay the Monthly Payment by cash, cheque, MINDBODY payment, online bank transfer
ii. where payment has failed due to errors in the Payment Information, you provide correct Payment Information.
9. IF YOUR MONTHLY PAYMENTS FAIL
9.1 This section is about what will happen if you have not paid your monthly direct debit Fee for one of the reasons set out below:
9.1.1 the direct debit details you gave us were wrong;
9.1.2 there are not enough funds in your bank account;
9.1.3 you have cancelled your direct debit without giving us the notice we need as set out in section 15.
9.2 Whilst you continue to owe us a monthly Fee you will not be allowed to take part in a Session. We may cancel your Booking.
9.3 We have the right to start procedures to collect any outstanding Fees at any time.
9.4 IF THE DIRECT DEBIT DETAILS YOU GAVE US WERE WRONG OR YOU HAVE CANCELLED YOUR DIRECT DEBIT WITHOUT GIVING US THE NOTICE WE NEED AS SET OUT IN SECTION 15 we will ask you to make the payment by cash, cheque, online payment or bank transfer and for you to give us your correct details. IF THERE ARE NOT ENOUGH FUNDS IN YOUR ACCOUNT we may try again to withdraw the Fee by direct debit, but if we still cannot collect payment by direct debit we will ask you to make the payment by cash, cheque, online payment or bank transfer and for you to give us your correct details. If in any of these circumstances we cannot collect payment we may cancel your Booking straight away.
10. CANCELLATION BY US
10.1 We reserve the right to cancel the Booking or any Session with immediate effect by giving you written notice if:
10.1.1 you break these Terms in a material way and you do not correct the situation within 7 days of us asking you to do so;
10.1.2 you do not comply with the rules and regulations of the Premises from which we are operating which are displayed at the Premises and which may be changed from time to time;
10.1.4 acting reasonably, we consider that your conduct is likely to damage the reputation or interests of us or the The Better Body Club or is likely to be a nuisance to other members/clients, whether or not such conduct is the subject of a complaint by another person.
10.2 We may also cancel the Booking or any Session if we are affected by an Event Outside Our Control. If it is necessary to cancel a class due to anything beyond our control class fees will not be refunded.
11. EVENTS BEYOND OUR REASONABLE CONTROL
11.1 Subject to clause 10.2, we will not be responsible for any loss you suffer if we are unable to provide the Services due to Events Outside Our Control.
11.2 An Event Outside Our Control is any event beyond our reasonable control and includes:
11.2.1 natural disasters, a government’s actions, war or national emergency, acts of terrorism, protests, riot, fire, explosion, flood, an epidemic, lock-outs, strikes or other labour disputes (whether or not they relate to our workforce), restraints or delays affecting carriers or not being able to get supplies of suitable materials on time or at all;
11.2.2 any personnel who deliver the Services being or becoming unavailable for any reason; or
11.2.3 any facilities, equipment or materials necessary to the Services being or coming unavailable for any reason.
11.3 If an Event Outside Our Control prevents us from providing all or any part of Services then:
11.3.1 we will notify you as soon as reasonably possible and, subject to availability, offer to provide you with substitute services; and
11.3.2 if you and we are able to agree on substitute services, the Booking will be deemed to be varied accordingly; or
11.3.3 where you and we cannot agree on substitute services, you and/or we may cancel the Booking or any affected Session by notifying the other, in which case we will refund to you the part of the Fees applicable to any Services which you have not received.
12. CANCELLATION BY YOU
12.1 You may cancel a Booking at any time by notifying us by phone, email or in person, or cancelling your booking using our online booking system - MINDBODY.
12.1.1 if we break these Terms in any material way and do not correct the situation within 7 days of you asking us to do so;
12.1.2 if we go into liquidation or administration or a receiver is appointed over our assets
12.1.3 in accordance with clause 13.3 if we are affected by an Event Outside our Control, in which case we will refund to you the part of the Fees applicable to any Services that will not be provided to you.
12.2 Cancellation of Bookings paid for in advance. If you give us notice to cancel a Booking and you have paid the Fees in full in advance then:
12.2.1 the Booking will be cancelled on the date we receive your notice;
12.2.2 we will refund the Fees applicable.
12.2.3 any refund due to you will be calculated on a pro-rata basis according to the number of Sessions you will not undertake and will be notified to you using the contact details you provided in connection with your Booking.
12.3 Cancellation by direct debit payers. Direct Debit payments can be cancelled at any time by you by accessing your online account at MINDBODY.
12.3.2 Once a direct debit has been cancelled you will not be able to attend classes in the following month without incurring the normal charges.
12.4 Cancellation of classes/bookings. You can cancel sessions up to an hour before the class without incurring any charges. This can be done online, by phone/email or in person to a Better Body Club Instructor. You will only have to pay for the cancelled Session if you do not give an hours notice and don’t register your attendance at the Session, in which case:
12.4.1 If you give no notice, you will have to pay a cancellation charge equivalent to the full casual rate for the Session.
13. CHANGE TO TERMS
13.1 We may change these Terms at any time.
13.2 When changes to these Terms affect a Booking you have made, we will give you reasonable notice of the changes that we plan to make. If you are not happy with the changes you may cancel your Booking and receive a refund of the Fee.
14. TRANSFER OF THESE TERMS
14.1 We may transfer the benefit of our rights in connection with the Booking and may subcontract our obligations in connection with the Booking.
14.2 You cannot transfer your rights or obligations in relation to the Booking to any other person.
15. YOUR LEGAL RIGHTS
15.1 As a consumer, you have legal rights in relation to the Booking which is not affected by these Terms. Advice is available on your rights from your local Citizen's Advice Bureau.
15.2 The Consumer Contract (Cancellation, Information and Additional Payments) Regulations 2013 apply to the Booking but because of the nature of the Activity and the effect of Regulation 28, the right to cancel the Booking under those Regulations will not apply.
16. THIRD PARTY RIGHTS
16.1 The parties do not intend that any of these Terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
17. OTHER IMPORTANT TERMS
17.1 Each paragraph of these Terms operates separately and if a court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.2 Only you and we will be entitled to enforce these Terms and it is not intended that any third party will have any rights under or in connection with them.
17.3 If we fail to insist that you comply with your obligations under these Terms or we don't enforce our rights or we delay in doing so, that does not mean that we have waived those rights or that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that will not mean that we automatically waive any other or later default by you.
18. GOVERNING LAW AND JURISDICTION OF THE COURTS
18.1 Your agreement is governed by the laws of England and any disputes will be dealt with in the English Courts.