Last updated: 22/02/2024
IMPORTANT: Please read these terms and conditions carefully before using this website & taking part in classes.
- ABOUT THESE CONDITIONS
- This Website and the Services displayed on it are provided by Connect Fitness Classes Limited and its subsidiaries (collectively referred to in these Conditions as “we”, “us” and “our”). When we refer to “you” and “your” we mean the user of this Website or user of our Services.
- These are the Conditions which apply to your use of this Website and the purchase of the Services from us. If you do not agree to these Conditions, you must not use this Website.
- You should read these Conditions carefully before using this Website or Services from us.
- We reserve the right to change these Conditions at any time.
- Any changes to the Conditions will be effective after the change is published on this Website. You should check these Conditions regularly as they may have changed since your last visit.
- If you have any questions about the Conditions, the Services or this Website, please contact us using the contact details in the “Contact” section of this Website.
- DEFINITIONS
- In the Terms and Conditions, the following definitions apply:“Company” means Connect Fitness Classes Limited;“Billing Period” the period between one Payment Date and the next Payment Date;“Class” any exercise Class or Classes provided by us or on our behalf at a studio or online, including recorded classes, as part of the Services;“Client” a user of this Website, [purchaser of Goods or] user of our Service’ who is 18 years of age and over;“Joining Date“ the date on which a Client first pays for a Class or Member first makes payment to us for their membership;“Member” any person who has purchased a Membership;“Membership” a monthly subscription to purchase studio, livestream classes or livestream and recorded classes;
“Membership Type” the Membership purchased by a Member including the Classes attributable to that Member each month;“Payment Date” means the date set out in Condition 9.5(c);“Services” services available to you via this Website, including the Classes;“Studio” any of the studios that we use deliver classes, as published on our Website from time to time. A reference to a Studio in the Terms and Conditions will be to the relevant studio at which a Member has booked to attend classes, including online via social channels and zoom;“Subscription” the monthly fee attributable to that Member’s Membership Type;“Terms and Conditions” means the terms and conditions as set out in these terms and conditions and as amended from time to time;“User Account” the online platform through which Member and Client details are saved, Memberships can be bought and classes can be booked and cancelled;“Website” www.connect-fitness.co.uk and any sub-domains of this Website unless expressly excluded by their own terms and conditions. - References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
- These Terms and Conditions together with the Company’s Privacy Policy shall constitute the entire agreement between the Company and the Member in relation to the use of the Company’s Website and the Company’s Studios.
- If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and /or unenforceable, the other provisions will continue in effect.
- The Company reserves the right to vary and revoke the Terms and Conditions from time-to-time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. Any such changes will be notified to Members and, until revoked, are and will be binding on Members.
- The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
- In the Terms and Conditions, the following definitions apply:“Company” means Connect Fitness Classes Limited;“Billing Period” the period between one Payment Date and the next Payment Date;“Class” any exercise Class or Classes provided by us or on our behalf at a studio or online, including recorded classes, as part of the Services;“Client” a user of this Website, [purchaser of Goods or] user of our Service’ who is 18 years of age and over;“Joining Date“ the date on which a Client first pays for a Class or Member first makes payment to us for their membership;“Member” any person who has purchased a Membership;“Membership” a monthly subscription to purchase studio, livestream classes or livestream and recorded classes;
- USERS OF OUR FACILITIES AND CLASSES
- All Clients must sign up for a User Account with our booking system.
- By completing and submitting the User Account the Client agrees to these Terms and Conditions.
- Acceptance of a person as a Member is in the absolute discretion of the Company.
- Instructors and Classes are subject to change at any time and you will be informed of this change via email.
- You must be 16 years of age to attend any Classes at Connect Fitness Classes.
- If you are between the ages of 16 and under 18, you must have a parent/guardian sign a consent form. Individuals aged 16 and 17 are permitted to attend classes if (a) they accompanied by a parent or guardian and (b) it is believed that they will genuinely benefit from the training.
- FITNESS & HEALTH
- By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any classes at a Studio.
- It is the Member’s sole responsibility to notify the Company before attending any class of any circumstances affecting their health which may be exacerbated through continued attendance of a Class and/or which may have arisen or worsened since their last Class at a Studio (if any).
- Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. If there is any doubt, the Member should consult his doctor.
- Members who are pregnant, or immediately following pregnancy, will be able to participate in the classes, subject to the provisions set out in Clause 5.
- We reserve the right to refuse access to any Member if, in our absolute discretion, we consider that the health of the individual concerned may be endangered by participation in our classes.
- Members are required to follow the instructions of the instructor at all times.
- Members shall not be allowed to attend any class whilst under the influence of alcohol or drugs. In the event they do attend, this is entirely at their own risk.
- Members are not allowed to use any of the Company’s equipment unsupervised and outside the classes.
- Members who suffer an accident or injury during a class must report the accident or injury and the circumstances in which it occurred immediately following the accident or injury to a staff member at the studio.
- Members must be aged 18 and over. Members who are 16 or 17 may attend class with their parent.
- PREGNANCY (PRE & POST NATAL)
- Members who participate in any exercise programme, while pregnant or immediately following pregnancy, may increase the risk of injury to themselves and, if applicable, to their unborn child. Members hereby personally accept any and all risk associated with participating in exercise classes at a Studio.
- Members who are pregnant, or immediately following pregnancy, understand that their level of participation in the exercise class and which exercise to perform must be determined by themselves, in consultation with their physician, and that their instructors are not responsible for the intensity of their participation. Members shall undertake to stop all activity immediately if they feel any discomfort. Upon experiencing any discomfort at any time
either during or after class, the member shall immediately contact their treating physician/GP/Midwife to inform him/her and seek advice. - Members who are pregnant, or immediately following pregnancy, understand that the instructors are not physicians, nurses, or emergency medical technicians and that the instructors, by making the exercise class available, are not undertaking any responsibility regarding the members’ medical condition(s).
- Members who are pregnant, or immediately following pregnancy, hereby release, indemnify and hold harmless the Company, its respective directors, officers, parents, subsidiaries, affiliates, agents and the instructors of the exercise classes, from any and all claims, demands, personal injuries, costs, or expenses (including legal fees) arising from or relating in any way to their or their child’s (born or unborn) participation in the exercise classes, now or in the future, except in so far as permitted by law and unless caused by the negligence of the Studio.
- Any information held by the Company regarding the health status of Members who are pregnant or immediately following pregnancy shall be treated as confidential and only be released in accordance with GDPR Regulation.
- CLASS TIMES
- Details of class times at a Studio and online may vary from time to time. Class times will be published by the Company and will be available either at a Studio or at https://connect-fitness.co.uk/timetables/
- PAYMENT TERMS
- Details of class prices are available on our Website and will be such prices as determined by the Company from time to time.
- A Member may not attend any class at a Studio or online without first booking and paying for the relevant class.
- Payments for classes in any amount are non-refundable unless otherwise stated in the Terms and Conditions.
- Packs of classes may be purchased. These must be used within the timescale stated and are non-refundable.
- Single classes may be purchased at a drop-in rate published on the Website.
- MONTHLY MEMBERSHIP
- Subject to the following provisions of this Condition 8, a Member is entitled to classes in a Studio, online or recorded depending on Membership Type and Subscription.
- The Subscriptions, and any exclusions dependant on Membership Type, are set out on the Website and are subject to change from time to time.
- Online Memberships cannot be shared. If we have any reason to believe that an online membership is being shared, then we reserve the right to cancel that Membership.
- A free trial is available. The free trial is subject to change at the discretion of the Company from time to time. The free trial is limited to one per customer.
- Billing:
- On their Joining Date the Member will provide details of a card to be saved to their User Account, on our booking system, from which the first Subscription can be collected at the start of their Membership.
- On their Joining Date, the Member will select the Membership Type.
- For a monthly Membership, the Subscription will be billed pro rata for the first month and thereafter monthly on the 1st of every month.
- Members can cancel at any time through the booking system.
- If payment is unsuccessful on the Payment Date, we will email the Member notifying them of the unsuccessful payment and retry the payment.
- CLASSES
- Online classes are recorded, but the recording is limited to the instructor’s video camera only.
- Links to recorded classes will be sent by email to the Member if the appropriate Membership Fee has been paid. Recorded classes may be streamed or downloaded and are available for up to one week from the send date of the email.
- It is our policy to virus check links and files before they are emailed out. However, we cannot guarantee that links or files downloaded from our emails will be free from viruses. Accordingly, for your own protection, you must use virus-checking software when accessing or downloading recorded classes. We exclude to the fullest extent permitted by law, all liability (save in respect of death or personal injury caused by negligence and for fraud) in
connection with any damage or loss caused by errors, computer viruses, other malicious code or harmful components originating or contracted from our emails.
- COOLING OFF PERIOD
- When you purchase a Membership, the Company has a 14 day cooling off period.
- You may cancel at any time within this period provided no classes have been attended or bookings made.
- To cancel within the cooling off period the Client should email hello@connect-fitness.co.uk
- BOOKING A CLASSES
- You can check availability and book Classes in advance online via our booking system.
- We make every effort to ensure that there are a suitable number of Classes available. However, Classes are subject to availability and we do not guarantee that spaces will be available in any given Class.
- If the Class you wish to attend is fully booked, you may choose an alternative Class with spaces. Alternatively, you may join a waitlist for the fully booked Class.
- If you join the waitlist and a space becomes available, you will be automatically added to the Class up to 24 hours before the start. You will be notified by e-mail if you are automatically added to a Class. If you do not think you will be able to attend the Class, please ensure that you remove yourself from the waitlist. You can cancel your waitlist place at any time up until they are allocated.
- If you are on the waitlist and a space becomes available within 24 hours of the Class starting, you will be sent an email to ask if you want to accept the space. An available space will be allocated on a first come first served basis.
- CLASS CANCELLATION
- If you cannot attend a class, please cancel at the earliest opportunity. A Class can be cancelled using our booking system.
- You can cancel a Class up to 1.5 hours before the start time of a Class.
- Any cancellations made with less than 1.5 hours’ notice are deemed a late cancel and will incur the full charge of the class or that class will be counted as your class for the week; as it reduces the chance of someone else taking that space. To discuss this on an individual basis, email hello@connect-fitness.co.uk
- If we cancel a Class, we will notify you of this via email or telephone call.
- YOUR USERNAME AND PASSWORD
- You must not allow any other person to use your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. If you believe or suspect that someone else knows your login details you must contact us as soon as possible.
- We reserve the right to disable any user identification code or password used to access to the booking system at any time if in our reasonable opinion you have failed to comply with these Conditions.
- We shall not be liable for any losses you suffer as a result of unauthorised access to your User Account until such time as you have informed us of unauthorised use or possible unauthorised use of your login details or of a breach of security.
- USE OF OUR WEBSITE
- Use of our Website includes accessing, browsing or registering to use our Website. By using the Website, you are confirming that you accept these Terms and Conditions and that you agree to comply with them.
- We may update this Website from time to time and may change the content at any time. Any of the content on our Website may be out of date at any given time and we are under no obligation to update it. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
- We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
- By accessing this Website, you agree that you will access its contents solely for your own use. You may print out a single hard copy of any part of the content of this Website for your use in accordance with these Conditions. You must not modify the copies of any materials on this Website in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Website in breach of these Conditions of use your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- You may not (except to the extent required in order to use this Website in accordance with these Conditions) copy, store in any medium (including in any other Website), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of this Website or systematically extract material from this Website or any document available through it, create any derivative works from it or in any other way exploit commercially all or any part of this website or any document available through it without our prior written consent.
- This Website should only be accessed using a computer linked to a secure network environment.
- We cannot guarantee that this Website will operate in accordance with your expectations or will be error free. If you are aware of any error on this Website please contact us by email and we will endeavour to correct it.
- It is our policy to virus check documents and files before they are posted on this Website. However, we cannot guarantee that documents or files downloaded from this Website will be free from viruses. Accordingly, for your own protection, you must use virus-checking software when using this Website. We exclude to the fullest extent permitted by law, all liability (save in respect of death or personal injury caused by negligence and for fraud) in connection with (a) any damage or loss caused by errors, computer viruses, other malicious code or harmful components originating or contracted from the Website or from any third-party Websites linked to this Website and (b) any interruptions in your access to the Website.
- You must not misuse our Website by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorized access to our Website. You must not attack our site via a denial-of–service attack or a distributed denial-of-service attack. By breaching this Condition you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement
authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately and you will indemnify us for any breach, which means that you will be responsible for any loss or damage we suffer as a result of you not complying with this Condition. - If you decide to access any third-party Websites linked to this Website, you do this entirely at your own risk and we will not be liable for any loss or damage that may arise from your use of them. We provide these links purely for convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for, or have any control over, the content or use of such Websites. You may be subject to the terms of use applicable to such third-party sites
- INTELLECTUAL PROPERTY
- We are the owner or the licensee of all intellectual property rights in this Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The design and layout of this Website are protected by copyright, database right, design rights and other similar laws and may not be copied or imitated in whole or in part.
- The trade marks, logos and trade names displayed on the Website (“Marks”) are the property of the Company. You are not permitted to download, copy, modify or use the Marks without our prior written consent or the consent of such third party who may own the Marks.
- We and our suppliers own the intellectual property rights in the software that runs this Website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without our prior written consent.
- LIABILITY
- We cannot be held responsible for any particular class, instructor and/or item of equipment not being available for whatever reason. The Company reserves the right to make alterations to the classes, instructors and/or equipment, as well as to those ancillary facilities (e.g. showers), provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
- We accept no liability for loss or damage to property of Members or for injury to Members in a Studio premises or outside a Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
- In consideration of their participation in the activities and programmes of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries or damages resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities save in respect of death or personal injury caused by the negligent act or omission of the Company.
- COVID-19 Assumption of risk. You accept that despite the Company taking and implementing precautions in accordance with Government guidance, the Company cannot guarantee that you will not be exposed to COVID-19, including without limitation through touching and using exercise equipment, Studio facilities, and/or amenities, participating in training and/or group fitness, and through direct and/or indirect interactions with other members, staff or individuals who may have COVID-19 or may have been exposed to COVID-19. By accessing any of our studios, you knowingly and voluntarily assume all risks, known or unknown, that are associated with any exposure to COVID-19. The Company assumes no liability for any COVID-19 related loss, damage or injury except as cannot be excluded by law.
- DATA PROTECTION AND OTHER RELEVANT POLICIES
- We are a data controller for the purposes of the data protection legislation and we are therefore responsible for deciding how we hold and use personal information about you. We are also required under the data protection legislation to notify you of certain information, and this is set out in our privacy policy.
- Our cookie policy, contains information on our use of cookies.
- GENERAL
- The Company may communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to these Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email. Members must give written notice to the Company of any change in email address.
- Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of a Studio for the convenience of all Members.
- The Company reserves the right to refuse admission to a Studio.
- Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with Classes and which are made available to Members will at all times remain the property of the Company and will be subject to the Company’s copyright.
- PERSONAL BELONGINGS
- You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in a Studio. You assume all risk of loss for any of your personal belongings.
- ENTIRE AGREEMENT
- These Conditions constitute the entire agreement between you and us in relation to your use of our Website and Services.
- VARIATION
- We reserve the right to vary or amend these Conditions from time to time. Any changes shall take effect upon their posting being on the Website.
- SEVERANCE
- If any of these Conditions 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 these Conditions may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
- GOVERNING LAW AND JURISDICTION
- Any dispute arising between you and us in relation to these Conditions shall be governed by English law.
- We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- The Company reserves the right to withdraw, vary or amend any promotion, discount or competition at any time.
- INFORMATION ABOUT US
- Connect Fitness Classes Limited is a company registered in England and Wales under Company Number 13207049.
- Registered Office: Connect Fitness Classes Limited, Mulberry Grove, Suite 3653, Wokingham, Berkshire, RG40 9NN