Terms & Conditions — Frances M Fitness

FRANCES M FITNESS LIMITED

TERMS AND CONDITIONS

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A LIMITATION OF LIABILITY AND A DISCLAIMER OF WARRANTY PROVISION.

1. ABOUT US AND HOW TO CONTACT US

1.1 Who we are. We are Frances M Fitness Limited (referred to as “we”, “us”, “our”, and “Frances M Fitness”) a limited company incorporated in England with registered number 14533858 and registered address at 2nd Floor, 1-3 Worship Street, London, EC2A 2AB, United Kingdom.

1.2 Services we offer. We provide both one-to-one and small group fitness training sessions (each a “Session”, together the “Sessions”) to individuals over the age of 18 years old (the “Services”) via an exclusive event ongoing until 28 February 2023 (which may be extended at the sole and absolute discretion of Frances M Fitness) (the “Pop-Up”). You can book small group sessions as single one-off classes or packages of multiple classes (“Packages”) online using our website at www.francesmfitness.com (the “Website”), further details of the Services and Packages we offer can be found on our website here. If you wish to book one-to-one private training (“Private Sessions”), please contact us at: frances@francesmfitness.com.

1.3 How we may contact you. If we need to contact you, we will do so by telephone at the telephone number provided to us by you or by email at the email address provided to us by you, in each case when you initially contacted us, or as otherwise provided by you from time to time.

1.4 Writing includes email. The words “writing” or “written” in these Terms includes email.

1.5 The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

1.6 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

2. WHAT ARE THESE TERMS?

2.1 What these terms cover. The purpose of these terms and conditions (the “Terms”) is to set out the terms and conditions by which you, as a user of the services (“you” and “your”) are permitted to use the Services as well as set out our rights and obligations.

2.2 Why you should read these Terms. Please read these terms thoroughly and ensure that you understand them in their entirety before you use the Services. These Terms tell you who we are, how we will provide the Services to you, how you and we may end the contract incorporating Terms, what to do if there is a problem with the Services and other important information. If you think there is a mistake in these Terms or you have any questions please contact us using the details provided at 1.2.

2.3 Your agreement to comply with these Terms. By using the Services, you warrant that you agree to these Terms in their entirety without any amendment. Your obligation to comply with these Terms shall commence immediately on the date that you make a booking to use the Services. If you do not agree to comply with these Terms, you must not seek to make any booking and should stop using the Services immediately.

2.4 Changes to these Terms. We may update these Terms from time to time at our sole and absolute discretion. We will notify you of any changes to these Terms by emailing you at the email address you have previously provided and by posting a notice on the Website. Your continued use of the Services after we have notified you as above, shall constitute your acceptance of the amended Terms. We advise you to check these Terms on a regular basis.

2.5 Extension of the Terms. We reserve the right in our sole and absolute discretion to extend the period of the Pop-Up. Should we do so, these Terms are deemed to be extended unless we notify you otherwise. If under any other circumstances, you are using the Services and/or have engaged Frances M Fitness, these Terms apply in their entirety unless you are informed in writing otherwise.

2.6 Formation of a contract. By booking any Services and subject to our acceptance at clause 3.2, a legal contract comes into existence between you and us incorporating the Terms (the “Contract”). The Contract shall apply to every booking for Services made by you with us.

3. USING THE SERVICES

3.1 How to book the Services. You can book our Services via the Website, or by contacting us using the details provided in clause 1.2.

3.2 How we accept your booking. Our acceptance of your booking for the Services will take place when we confirm to you that you have booked the Services. The Services are governed by the Contract.

3.3 If we cannot accept your booking. If we are unable to accept your booking for the Services, we will inform you in writing and will not charge you for the Services. We reserve all of our rights to decline to accept any booking request where we feel that is it necessary to do so. This may be due to unexpected limits and/or strain on our resources which we could not reasonably plan for.

3.4 When you first attempt to make a booking for Services, you will be asked to provide certain registration information. By submitting registration information, and using the Services, you warrant that all registration information provided by you is truthful, accurate and complete and you undertake and agree to keep such information up-to-date and current.

3.5 Before you use the Services for the first time, we require you to complete and sign a ParQ Questionnaire (“ParQ”) which will be provided by us at the Pop-Up. If we have any concerns about the information provided in the ParQ we reserve the right in our sole and absolute discretion to prevent you from using the Services until you have consulted a physician and we are satisfied that your risk of injury is limited. Frances M Fitness is not liable for any injury or accident which occurs during the use of the Services due to misleading or inaccurate information given in the ParQ.

4. PRIVATE SESSIONS

4.1 We offer Private Sessions, which can be booked by email using the email address provided in clause 1.2.

4.2 The Terms in this policy apply in their entirety to all Private Sessions.

4.3 Private Sessions may take place in venues selected and hired by us, or in your own home. Frances M Fitness takes no responsibility and/or liability for the suitability and safety of any venue selected by you.

5. PRICE AND PAYMENT FOR THE SERVICES

5.1 Where to find the cost of the Services. The price of our Services can be found on the Website as detailed in clause 1.2. The prices of our Private Sessions will be provided on enquiry by contacting us at the details provided in clause 1.2.

5.2 VAT. Where applicable, we will charge VAT at the prevailing rate on the quoted price for the Services.

5.3 Payment. We require full payment for the Services in advance in order to secure your booking. At the point of booking the Services you will be required to either:

(a) pay online directly on the Website at the time of booking;

(b) pay by bank transfer (we will provide bank details when requested); or

6. PROVIDING THE SERVICES

6.1 We will supply the Services to you in accordance with these Terms with reasonable skill and care until either the Services are completed, or the Contract is terminated in accordance with these Terms.

6.2 We are not responsible for delays, suspensions or cancellations outside of our control. If our supply of the Services is delayed, suspended or cancelled by an event outside of our control, we will use reasonable endeavours to contact you as soon as possible to let you know that the Services are delayed, suspended or cancelled, and we will take all reasonable steps to mitigate and minimise the effect of the delay, suspension or cancellation. We will not be liable for delays, suspensions or cancellations caused by an event out of our control.

6.3 Reasons we may delay, suspend or cancel the Services. We may delay, suspend or cancel the Services for various reasons, including but not limited to the following:

(a) updating the Services to reflect changes in relevant laws and regulatory requirements;

(b) making changes to the Services as requested by you or notified by us to you; and

7. OUR RIGHTS TO END THE CONTRACT

7.1 We may terminate the Contract immediately by written notice if you are in material breach of any of the provisions of these Terms and either the breach is incapable of remedy or the breach is not remedied within a period of five (5) days after we have given you written notice of it.

7.2 We may end the Contract with you immediately at any time with written notice, for reasons including but not limited to, the following:

(a) if any information provided by you is found to be untrue, inaccurate, out of date or incomplete;

(b) if you act in any way that has brought, or could bring our business into disrepute;

(d) if we are no longer able to provide the Services to you;

(e) if you act in a way during a Session which is materially disruptive, unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive to any other individual;

(f) if you act in any way illegally; or

(g) if you cause or act in a way which risks damage or injury to yourself, any other person or property.

8. CANCELLING AND RESCHEDULING SESSIONS

8.1 Cancelling one-off Sessions. You may cancel a booking for an individual Session at any time by sending an email to the email address set out in clause 1.2 above. Your entitlement to a refund will depend on when you cancel the Session. Please see clause 9.1 for more details.

8.2 Cancelling Package Sessions. You may cancel a booking for a Package Session by sending an email to the email address set out in clause 1.2 above. You will not be entitled to a refund for Package Sessions however may have the ability to reschedule the Session in accordance with clause 8.4.

8.3 Rescheduling one-off Sessions. If you cancel a one-off Session in accordance with clause 8.1, we may give you the opportunity to reschedule the Session. The ability to reschedule is not automatic, will depend on the circumstances and availability and will be in our sole and absolute discretion.

8.4 Rescheduling Package Sessions. If you have booked a Session as part of a Package, subject to availability and you giving at least twenty-four (24) hours written notice, you may reschedule the Session. You will not be able to reschedule in the twenty-four (24) hours before the Session except with our express permission.

8.5 Our cancellation. From time to time we may be forced to cancel a Session due to reasons outside of our control. In such circumstances we will seek to notify you as soon as possible and will reschedule the Session. If it is not possible for us to reschedule the Session, we will provide you with a full refund.

9. REFUNDS

9.1 Refunds for one-off Sessions. If you cancel your booking for a one-off Session twenty-four (24) hours or more before the Session, we will provide you with a full refund. If you cancel your booking for a one-off Session less than twenty-four (24) hours before it is scheduled, the Session will be non-refundable.

9.2 Refunds for Packages. Unless as provided by applicable law or in accordance with clause 10.2 or 10.3, payments for Packages are non-refundable.

9.3 Chargebacks. We try to accommodate our clients as best we can however, in the event that a customer claims a chargeback in respect of any sum properly and correctly taken by us, we will seek to recover the fee charged to us by the payment provider, the amount (if any) charged back, an administration fee in the sum of £80 + VAT and our legal fees incurred in recovering such sums.

10. YOUR RIGHTS TO END THE CONTRACT

10.1 You may terminate the Contract with written notice to us for any of the reasons set out below:

(a) we have told you about an upcoming change to the Services or these Terms which you do not agree to; or

(b) prior to you using the Services, we have told you about an error in the price or description of the Services and you do not wish to proceed.

10.2 If you write to us in accordance with clause 10.1, the Contract will terminate immediately, and you will receive a refund for the Sessions you have not yet attended. You will not receive a refund for the Sessions you have already attended.

10.3 Exercising your right to change your mind (the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). If you change your mind within seven (7) days of signing up to our Services, you have the right to end the Contract so long as you have not used any of the Services and no Services are to be provided within twenty four (24) hours of the time that you seek to terminate the Contract. If you change your mind in these circumstances you will receive a full refund subject to any transfer and exchange rate costs, for any sums you have paid to us for the Services.

10.4 If you are not able to change your mind (because you have used some or all of the Services and/or Services are scheduled to be provided within twenty-four (24) hours) you may nevertheless terminate the Contract within seven (7) days of singing up to the Services, by giving us written notice. In such circumstances you may continue to use the Services already paid for but will not receive a refund of any sums already paid.

11. HOW TO END THE CONTRACT WITH US

11.1 Tell us you want to end the Contract. To end the contract with us please let us know in writing using the contact details provided in clause 1.2 providing your name, email address and booking reference number.

11.2 If you are entitled to a refund. All payments are non-refundable save as set out in clauses 9.1, 10.2 and 10.3. If you are entitled to a refund in accordance with clause 9.1, 10.2 or 10.3, a refund will be issued to you in accordance with clause 11.3.

11.3 When will your refund be made. We will use our best endeavours to make any refund in accordance with these Terms as soon as possible following termination of the Contract, and in any event, we aim to issue your refund subject to any transfer and exchange rate costs for any sums you have paid to us for the Services within fourteen (14) days of termination of the Contract.

12. IF THERE IS A PROBLEM WITH THE SERVICES

How to inform us about problems with the Services. If you have any questions or complaints about the Services, please contact us as early as reasonably possible so that we may seek to answer your questions and/or rectify the problem. You may contact us using the details in clause 1.2. We aim to respond to your questions and/or complaints within twenty-four (24) hours of receipt.

13. DISCLAIMER, LIMITATION OF LIABILITY AND NO WARRANTY

13.1 Disclaimer. We make all reasonable efforts to ensure that the Sessions provided in the Services are accessible, beneficial and complete. We make no warranties, representations or guarantees (express or implied) that this will always be the case.

13.2 Limitation of liability. Nothing in these Terms excludes or limits our liability for death or personal injury arising from negligence or fraud, or any other liability that cannot be excluded or limited by the laws of England and Wales.

13.3 No warranty. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content provided with it, whether express or implied. In particular, we do not guarantee specific results arising from the provision of the Services. For example, we cannot guarantee that you will see physical changes as a result of using the Services.

13.4 We shall use all reasonable endeavours to meet any dates specified in these Terms, but any such dates shall be estimates only and time shall not be of the essence for the performance of our obligations under these Terms.

13.5 Our total liability under the Contract with you is limited to the total aggregate value of monies paid to us by you for the provision of the Services.

13.6 In no event shall we, our shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) the use of, or inability to use, the Website;

(b) the provision of the Services; or

13.7 In particular, Frances M Fitness, our shareholders, directors, officers, employees and/or agents will not be liable for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(d) loss of business opportunity, goodwill or reputation; or

(e) any indirect or consequential loss or damage.

13.8 We will not be liable for any loss, damage, theft of personal property, injury, claim or any special, exemplary, punitive or incidental or consequential damages of any kind which arises out of your use of the Services and Sessions, use of the Website, attendance of the Pop-Up, and any other performance or non-performance in connection with the Services.

13.9 You agree to indemnify and hold us and our related companies, and each of their respective shareholders, directors, officers, employees and agents harmless from and against any third party claim or cause of action, including reasonable attorney’s fees and court costs, arising directly or indirectly out of your use of the Services in breach of these Terms or your violation of any law or the rights of any third party.

14. CONFIDENTIAL INFORMATION

14.1 You and we undertake to not at any time during the Contract, directly or indirectly, divulge or communicate to any person any confidential information relating to the business, affairs, customers, clients or suppliers of the other party, which may have (or may in the future) come to our knowledge during the Contract. You and we shall use reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters which is not already in the public domain or which is authorised by us or required by law.

14.2 The provisions of this paragraph 14 shall survive termination of these Terms, however arising.

15. OTHER IMPORTANT TERMS

15.1 Our rights. In providing you with access to the Services, we reserve the following rights, and, in accessing, browsing or otherwise using the Services, you grant to us and agree that we shall have the following rights:

(a) the right to refuse or withdraw your access to the Services without liability, in accordance with applicable laws for any reason at any time (with or without notice) if, in our sole and absolute discretion, you violate, attempt to violate or breach any of these Terms or applicable law; and

(b) the right to amend or update the Services, fees, billing methods or these Terms from time to time.

15.2 Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.3 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.4 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.5 No partnership or agency. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

15.6 Entire agreement. These Terms together with our Website Terms of Use, Safeguarding Policy, Privacy Policy and Rules of Engagement constitutes the entire agreement between you and us in relation to your use of the Services and the Website and supersedes any prior representations, inducements or agreements relating to its subject matter.

15.7 Which laws apply to this Contract and where you may bring legal proceedings. You agree that these Terms and any claim, dispute or controversy arising out of in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims), the Services, the Website, our advertising or any related transaction between you and us shall be governed by and construed in accordance with the laws of England and Wales. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.