TERMS OF SERVICE
Please read these terms and conditions of service which together with the Privacy and Cookies Policy (https://growfitness.co.uk/privacy) and the Health Commitment Statement (see Clause 3 below) (as amended from time to time) (the “Terms”) govern your use of our website (https://growfitness.co.uk/) (the “Website”) and any purchases of goods or services provided at any of our studios to you. By accessing or using the Website, 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.
These Terms form a legally binding contract between you and Grow Fitness Limited, a limited company registered in England and Wales under registration number 10814825, with its registered address at 3a Moreton Terrace, London, United Kingdom, SW1V 2NS and its subsidiaries (“We”, “Us” and / or “Our”).
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.
1. YOUR LEGAL OBLIGATIONS AND PROMISES TO US
1.1 You confirm that:
1.1.1. 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);
1.1.2. all information and details provided by you is true, accurate and up to date. The rights granted under these Terms are personal to you and you must not make the Website available to anyone else;
1.1.3. you will comply with the Rules of Conduct relating to your use of the Website as set out in Section 9 and 10 below, and you will comply with any other restrictions set out elsewhere in the Terms;
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 Website 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 USERS OF OUR CLASSES AND SESSIONS
2.1. You must be:
2.1.1. aged 18 years or over; or
2.1.2. 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 Our exercise classes (“classes”) or Our one-to-one personal training sessions (“PT sessions”) or to use any of Our facilities at the studios.
2.2. 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.
2.3. Instructors and classes are subject to change.
2.4. We reserve the right to refuse you access to the studios and suspend or terminate your use of any classes or services if We reasonably consider that your conduct is damaging to Our reputation, is in breach of the Terms or would otherwise be in the interests of other users of the studios or participants in the classes.
3. HEALTH COMMITMENT STATEMENT
3.1. 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 Statement which you agreed to when registering for an account on the Website. A copy of Our Health Commitment Statement is available at https://growfitness.co.uk/health-waiver/ or a hard copy is available at all of Our locations.
4. PAYING FOR CLASSES AND SESSIONS
We offer the following methods of purchasing classes and sessions at our Studios:
4.1. Classes Introductory Offer
4.2. Classes Pay as you go
4.3. Classes Monthly Unlimited
4.4. Personal Training sessions
4.5. All price details for are available on Our Website and shall be such prices as determined by Us from time to time.
4.6. Subject to any statutory right of cancellation, payments for any of the services set out in 4.1 to 4.4 above are non-refundable unless otherwise stated in the Terms.
4.7. Voucher codes are unique to each offer. Offers are subject to Our discretion and may be withdrawn at any time and without notice. Vouchers cannot be re-used and are valid once per customer / per address.
4.8. 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 (Class or PT), passes or services you have purchased.
4.9. To book a class, your Account (as defined below) must include at least one Pay as You Go Class Credit (“Class Credits”) or a valid Monthly Unlimited pass. One Class Credit entitles you to attend one class. You may also book classes under terms of our Introductory Offer (as set out in section 4.1 above) if you are eligible for the use of such offer.
4.10. To book a PT session, your Account (as defined below) must include at least one Pay as You Go PT Session Credit (“PT Session Credits”). One PT Session Credit entitles you to attend one PT session.
5. BOOKING A CLASS OR A SESSION
5.1. You can check availability and book classes and PT sessions in advance online via the Website. When you book a class or PT session, one Credit (class or PT session credit as applicable) will be deducted from your Account (as defined below).
5.2. We make every effort to ensure that there are a suitable number of classes and PT sessions available at different times of the day. However, classes and PT sessions are subject to availability and We do not guarantee that spaces will be available in any given class or PT session, even if you have sufficient Credits in your Account (as defined below).
5.3. You may cancel a booking at any time more than 12 hours before the relevant class or 24 hours before the relevant PT session and receive a refund of your Credit(s) used to book such class or PT session. If you cancel with less notice than stated above or fail to attend the class or PT session you have booked, your Credit(s) used to book the relevant class or PT session will not be returned to your Account (as defined below) (the “Cancellation Policy”).
5.4. If a class you wish to attend is fully booked, you may choose an alternative class with remaining spaces. Alternatively, you may join a waitlist for the fully booked class.
5.5. If you join the waitlist and a space becomes available up to 2 hours before the scheduled start time of the relevant class, a Credit will automatically be deducted from your Account (as defined below) and you will be automatically booked into the relevant class and removed from the relevant waitlist. You will be notified by e-mail and / or text message if you are automatically added to a class. You will ensure that you remove yourself from the waitlist for a class if you are not able to attend such class on time. You may remove yourself from any waitlist at any time. If a space becomes available during the 2 hours immediately preceding a class’s start time, all persons on the relevant waitlist will be sent an email asking if they would like to accept the booking (including a link to accept) and allocation of any free spaces will be carried out on a first-come-first-served basis.
5.6. If you join a waitlist and a place on the fully booked class does not become available, you will be notified by e-mail and / or text message.
5.7. If We cancel a class, your Credit will be refunded to your Account (as defined below).
6. PERSONAL BELONGINGS
6.1. You hereby agree that We are in no way responsible for the safekeeping of your personal belongings while you are present at any of the studios. You assume all risk of loss for any of your personal belongings.
7.1. 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.
7.2. Clause 7.1 does not apply to any perishable items purchased at our studios.
8. YOUR ACCOUNT / USE OF THE WEBSITE
8.1. 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.
8.2. 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.
8.3. 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.
8.4. We reserve the right to remove any content from the Website at Our sole discretion.
9. RULES OF CONDUCT AND YOUR USE OF THE WEBSITE
9.1. you agree that in using the Website you will not:
9.1.1. use the Website for any purpose other than for your personal or stated commercial use;
9.1.2. 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;
9.1.3. access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website’s security measures;
9.1.4. 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);
9.1.5. 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);
9.1.6. 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);
9.1.7. use abusive, offensive, or defamatory screen names and / or personas;
9.1.8. impersonate any other person, or indicate falsely that you are an employee or a representative of Our or any of Our partners or affiliates;
9.1.9. promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and / or distribution of counterfeit software;
9.1.10. 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;
9.1.11. improperly use Website support or make false or spurious reports to Us; and
9.2. you will obey all local laws, regulations and rules that apply to Website activities when you use the Website.
9.3. 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.
9.4. Any breach or potential breach of any of the above rules of conduct shall be determined by Us at Our sole discretion.
9.5. Subject to Section 15, 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 9.
10. USER GENERATED CONTENT
10.1. 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.
10.2. We shall be entitled to use your UGC for any purpose whatsoever, without compensation to you or any other person submitting the UGC.
10.3. 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.
10.4. 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.
10.5. We reserve the right to remove and permanently delete any UGC from the Website with or without notice.
11. WEBSITE UPDATES
11.1. 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.
12. TERM PERIOD
12.1 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.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 You acknowledge that all intellectual property rights in the Website, all content appearing within the Website throughout the world belong to Us, Our licensees or affiliates, that 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.
13.2 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 Website other than as expressly permitted in these Terms.
14. SUSPENSION AND TERMINATION
14.1 We may suspend, restrict or terminate your access to the Website, and consequently suspend or terminate the licence granted to you under these Terms, if:
14.1.1. you breach of any of the restrictions or provisions in these Terms;
14.1.2. for reasons of a system failure, maintenance or repair or due to events beyond Our reasonable control; and / or
14.1.3. We decide to withdraw the Website and related services from the market for any reason in Our sole discretion.
14.2. Should We wish to terminate this licence We will notify you in writing by email or within the Website. Upon termination the rights and the licence granted herein will terminate and you must cease all use of the Website and related services.
15. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
15.1. 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.
15.2. 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.
15.3. 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.
15.4. 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.
15.5. 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).
15.6. 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.
16. ENITRE AGREEMENT
16.1. The Terms, together with Our Privacy and Cookies Policy, constitute the entire agreement between you and us in relation to your use of the Website.
17.1. If any of the Terms are or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
17.1.1. the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or
17.1.2. 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.
18. RIGHTS OF THIRD PARTIES
18.1. 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.
19.1 No waiver of any of the Terms shall be valid unless provided in writing by Us.
20. DATA PROTECTION, SECURITY AND PRIVACY
20.1. Our Privacy and Cookies Policy (available at https://growfitness.co.uk/privacy/) sets out how We collect and use your personal data and other information regarding your privacy.
20.2. 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 the Website.
20.3. 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.
21. HOW TO CONTACT US FOR SUPPORT OR TO REPORT COMPLAINTS, FAULTS OR ABUSE
21.1. 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 Website and related services then you may contact Us at the email address or postal address as set out in the Website.
22. GOVERNING LAW AND JURISDICTION
22.1. 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 27 August 2018.
GROW FITNESS STUDIO RULES
1. You agree that in using the Services you will not:
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;
partake in any behaviour that We deem inappropriate and disruptive, or against the tone and nature of the studio;
harass, threaten, embarrass, or do anything else to another person that is unwanted, such as making personal attacks or statements about race, sexual orientation or religion;
bring other people with you to our studios without our prior consent;
arrive for your Class or Session under the influence of alcohol or drugs or otherwise not in a fit state to undertake physical activity;
undertake physical activity with Us without updating your instructor / trainer about any injuries or changes in your health of which we are not aware;
undertake physical activity at Our studio other than under the supervision of your instructor / trainer, whose instructions concerning such activity must be followed;
use abusive, offensive, or defamatory language;
engage or attempt to engage any of our staff to provide personal training or fitness services to you or others, other than at our studio and under the terms of this agreement;
2. Our opening hours are published from time to time. Sessions may only be booked during our opening hours.
3. Any breach or potential breach of any of the above rules of conduct shall be determined by Us at Our sole discretion.
4. Subject to Section 15 of the Terms of Service, 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 Schedule 1.