TERMS AND CONDITIONS

TERMS & CONDITIONS
Please read carefully the following Terms of Use, which may be updated by FITISM from time to time (these “Terms”). These Terms define your and FITISM rights and obligations. The most current version of these Terms can be accessed at any time at www.fitism.co.uk (the “Site”).

ACCEPTANCE OF TERMS OF USE
By accessing, browsing, and/or using the gym and/or any facility operated by FITISM (a “Gym”), you accept and agree to be bound to these Terms. In addition, when using particular FITISM services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.

ENQUIRES
Membership Finance: becci@fitism.co.uk
Membership Sales: ali@fitism.co.uk
General: hello@fitism.co.uk
The date by which your email is sent time stamps your enquiry from that date. Any other form of enquiry (in particular cancellations, refunds, freezes, upgrades, downgrades) such as verbal communication in the gym, messaging your coach or emailing another member of the team will not be officially documented, considered or approved.

PAR-Q

Prior to any participation in FITISM Services, you will need to complete a Physical Activity Readiness questionnaire (PARQ). All members can access the PAR-Q through the FITISM app.

MEMBERSHIP ACCESS
As a FITISM member you gain access to all the features listed within your membership - see www.fitism.co.uk/memberships for the full list of membership features. Access is granted at the start of the month to all the features listed within your membership. You have until the end of the month to use as many or as little of your memberships features as you choose by which time your access to all of your memberships features expire. No membership feature will be carried over to the following month, instead all membership features will be recharged each month according to your specific membership type.

FOUNDER MEMBERSHIPS
Founder memberships are granted to the first cohort of members joining a FITISM gyms. There is a specific volume of founder memberships available per gym. Once all founder memberships have been claimed and/or after a certain period of time following the opening of a new gym no more founder memberships will be available to claim. As a founder member you will have been granted a certain amount of money off your monthly membership fee. Your founder membership price will increase each year inline with the membership annual increase. However, the discounted offer will remain the same. For example, as a founder member you might have £30 off a £195 membership per month, which equates to a monthly membership fee of £165. If the membership increases from £195 to £200 your founder membership will increase from £165 to £170 - still honouring the £30 off per month, increasing inline with membership fees. If you cancel your founder membership at any time and decide to re-join at a later date your previous founder membership deal cannot be reinstated. You will instead re-join at the current membership rate.

ANNUAL MEMBERSHIP PRICE INCREASES
At the start of each financial year (April 5th) your membership will increase (effective from April 1st). FITISM deem annual membership increases essential to ensure the business can maintain an incredibly high level of service and manage increasing operating costs.  

CANCELLATION OF A FITISM MEMBERSHIP
These Terms of Service shall remain in full force and effect whilst you use the FITISM services or are a Member. Your membership starts on the date you submit your first payment and membership terms are an initial 3 month commitment followed by rolling full calendar monthly. After your initial 3 month period you may terminate your FITISM membership at any time, for any reason, by contacting becci@fitism.co.uk with your formal cancellation request.  You must give 1 months notice ahead of the next billing date. For example, if your next billing date is 1st September, you need to give notice to cancel by 1st August in order to avoid being charged for the next months membership cycle.  If for any reason, memberships are cancelled within your current billing cycle, the remainder of the amount owing for the current billing cycle and the following 1 month notice period is due immediately. A cancellation request must be sent to becci@fitism.co.uk - the date by which your cancellation email is sent time stamps your request from that date. Any other form of cancelation request such as verbal, messaging your coach or emailing another member of the team will not be officially documented, considered or approved.

FREEZE OF A FITISM MEMBERSHIP
Under no circumstances can you freeze your membership apart from in the event of serious long term illness or injury. You are of course able to cancel your membership according to our cancellation policy but please be aware that when you come to re-join you will do so according to the membership prices at that time. Freezes will not be granted for any other reason. A freeze request must be sent to becci@fitism.co.uk - the date by which your email is sent time stamps your request from that date. Any other form of freeze request such as verbal, messaging your coach or emailing another member of the team will not be officially documented, considered or approved.

REFUND POILCY: Membership, Single or Block Session
We do not offer refunds for our memberships, single sessions, blocks of sessions or any additional services. If in the event you have requested the cancellation or freeze of your membership according to the terms outlined above and for whatever reason the cancellation did not take effect as it should as outlined above leading to you being overcharged you will be refunded the over charged amount. If however, you did not follow the cancellation terms as outlined above a refund will not be granted.

REFUND POLICY: 6 Week Challenge / 2 Week Experience
We do not offer a refund on either our 6 week challenge or 2 week experience, however should you wish to end your experience or challenge early we will offer you the option to pause and then restart at a later date to suit you. Alternatively we will give the option to transfer any remaining 'credit' into a different service. In exceptional circumstances we will consider a refund for any remaining credit attributed to the BUILD or BURN sessions but not for the course content / nutrition or accountability coaching aspect of the course. A refund request subject to these terms must be sent to becci@fitism.co.uk - the date by which your email is sent time stamps your request from that date. Any other form of refund request such as verbal, messaging your coach or emailing another member of the team will not be officially documented, considered or approved.

DOWNGRADING / UPGRADING YOUR MEMBERSHIP

No membership downgrade request can be made until your initial 3 month billing cycle has ended.
Membership upgrade requests can be made at any time.  A downgrade request must be sent to becci@fitism.co.uk - the date by which your email is sent time stamps your request from that date. Any other form of downgrade request such as verbal, messaging your coach or emailing another member of the team will not be officially documented, considered or approved.

A TRIAL SESSION

We offer prospect customers a single trial session, trial sessions are not available to existing members unless specifically advertised to do so for the launch of a new service for example.

BUILD SESSIONS
All members have the option to purchase additional BUILD sessions on an individual “pay as you go” basis, which can be purchased and booked via the FITISM App. FITISM members receive access to a specific number of BUILD sessions during each monthly billing cycle. Members cannot transfer or gift BUILD sessions to third parties, including to other FITISM members. Any BUILD sessions not used within the month will be lost.

BURN SESSIONS
Any BURN sessions not used within the month will be lost. Members cannot transfer or gift BURN sessions to third parties, including to other FITISM members. FITISM makes no guarantee on the availability of BURN sessions as access to BURN sessions is on a first come, first serve basis.  BURN sessions can be purchased and booked on an individual “pay as you go” option on the FITISM App. FITISM reserve the right to cancel BURN sessions if minimum participation is not met.

SINGLE AND BLOCK OPTIONS
Prices for our BUILD and BURN sessions and options can be found on our website www.fitism.co.uk/memberships. We offer 1 session (singles) or packs of 10 session (BLOCKS) both of which can be purchased via the FITISM app. Sessions must be scheduled at your chosen gym operated by FITISM. Sessions cannot be transfer or gifted to third parties, including to other FITISM Members. Single sessions have a 30 day expiry and BLOCKS have a 3 month expiry.

BUILD AND BURN ADD ON SESSIONS FOR BUILD AND BURN MEMBERS

FITISM Members and Founder Members can purchase additional BUILD or BURN sessions via the FITISM App at the current prices presented on the app. FITISM Members cannot request an old price for single, block options or add on sessions. and Founder members. Founder Members can not request a special price for add on sessions, instead they must pay as listed on the app.

BUILD AND BURN SESSIONS FOR NON MEMBERS
Non Members wishing to try out a BUILD and BURN sessions can purchase sessions via the FITISM App. To gain access to the FITISM app Non-Members must contact FITISM via our websites contact form www.fitism.co.uk/contact

PAYMENTS

Your FITISM membership starts on the date that you sign up and submit payment via a valid Payment Method. The initial FITISM membership cycles is 3 months in length, with a rolling 30 day contract thereafter and will, subject to your FITISM membership being cancelled (by you), or terminated (by us), each in accordance with these Terms, automatically renew at the start of every month. Once your new monthly membership cycle starts, you will have access to all the features included within your membership for the remainder of that month. If you join in the middle of a billing cycle (e.g. middle of the month) you will either pay a one off fee for the remainder of the month or your first payment will cover your first full month plus the remainder of the current month. As stated above your official contract starts from the first full month. Payment for all FITISM memberships are via either monthly direct debit to your nominated bank account or debit card via the FITISM CRM system serviced (powered by WODboard). You will be asked to either set up a direct debit mandate form or asked to add your card details to our CRM (powered by WODboard) as part of the registration process, you must provide us with a current, valid and accepted method of payment to use FITISM. We will automatically deduct the monthly FITISM membership fee on the 1st of the month until your FITISM membership is cancelled or terminated.

BILLING - FITISM MEMBERSHIP - RECURRING BILLING
By starting your FITISM membership, you authorise FITISM to charge you a monthly fee at the then current rate. Increases in the current rate will be notified with 1 month notice prior to your next billing cycle starting. The contract period for all FITISM memberships is an initial 3 full month billing cycle, followed by a 30 day notice period.

FITISM MEMBERSHIP BILLING CYCLE
A FITISM Billing cycle is 1 full calendar month. When you sign up and purchase your FITISM membership, you may do so in the middle of the month. In which case you will be charged. For the remaining of that month and our FITISM membership will then be set up to continue from the 1st of the following month. The amount of the first payment will be charged on a pro-rata basis. Your FITISM membership will then auto-renew every month and membership fees will be taken from you on the 1st of each month and will continue to do so until either you or FITISM wish to terminate. It is up to the member to use the features included in your membership included within their billing cycle. Any sessions not used within your billing cycle cannot be carried over into the following billing cycle and will therefore be lost. No Refunds. UNLESS EXPRESSLY STATED TO THE CONTRARY HEREIN, OR AS PROVIDED BY APPLICABLE LAW, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. However, following your cancellation of your FITISM membership and if applicable to your membership package you will continue to have access to the features included within you membership to the end of your paid monthly membership cycle.

BUILD AND BURN SESSIONS ARE NON-TRANSFERABLE

All sessions are to be used by the person who bought them. Sessions can only be transferred between immediate family that are current FITISM members for BUILD sessions only and participants have to be aged according to our age limit terms below. BUILD sessions cannot be transferred to family members that are NOT current members. BURN sessions are strictly non transferrable under all circumstances.

AGE LIMIT
You must be 18 years of age or older to purchase a FITISM Membership. There are two exceptions to this rule:
1. If you are 16 years of age or older and you will be accompanied by your dependant adult (eg one of your parents) at every session.
2. If you are 14 years of age or older you can apply but membership will only be granted at the description of the company. If granted you must be accompanied by your dependant adult (eg one of your parents) at every session.

REOCCURRING BUILD SESSION APPOINTMENTS

As a Member you have the option to schedule a regular weekly time slot known as a reoccurring appointment. This helps you lock in to a time that suits you and gives consistency to the other members and the coach in the same time slot. If you miss, cancel, reschedule or early cancel your reoccurring appointment 4 times in a row you will loose that appointment to allow another member the opportunity to train at that time and you will have to arrange another time. Reoccurring appointments are only available to members on a a reoccurring membership, they are not available to single or block payers. Single and block payers members purchase and book through the app only, a FITISM staff member cannot and will not reserve you a reoccurring appointment if you are a single or block payer.

RE-PURCHASING SINGLE OR BLOCKS OF SESSIONS
The price of your single session or block of sessions is priced according to FITISM's current prices at the time of purchase (eg the price of a single session today might not be the same price as a previous single session you purchased if there has been an update to our pricing between purchasing your last session and todays session). To benefit from a better rate on your BURN and BUILD sessions take out a monthly membership.

PAYMENT METHODS
You may edit your Payment Method information by informing becci@fitism.co.uk who can access your FITISM account and update accordingly. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not provide valid Payment Method information, provided that you have not cancelled your account in accordance with these Terms (see, “Cancellation” term), you remain responsible for any uncollected amounts.

INDIVIDUAL BURN OR BUILD SESSION CANCELLATION/RESCHEDULING

These Terms of Service shall remain in full force and effect whilst you use the FITISM services or are a Member. It is the full responsibility of you, the member to cancel or reschedule ALL sessions using the app. You cannot cancel sessions via email, text message, WhatsApp, voicemail, phone call or by asking a member of staff during a session. It is 100% the responsibility of the member to cancel/reschedule the session using the FITISM app. If for whatever reason you are struggling with the technology please contact your assigned Coach who will do their best to help.  In this scenario it is still the responsibility of the member to ensure the session has been cancelled.

24HR SESSION CANCELLATION POLICY
BUILD and BURN sessions must be cancelled more than 24hrs in advance in order to bank the session, if you cancel within 24hrs the session will be lost.

BURN SESSIONS WAITING LIST
BURN sessions can be booked via the FITISM app. BURN sessions operate on a strictly first come, first serve basis. BURN sessions can be booked 7 days in advance. We operate a BURN waiting list, if a space becomes available you will be notified via the App (as long as you haven’t unsubscribed to notifications)

TERMINATION BY FITISM

You agree that FITISM, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with FITISM or use of the Site and/or Gym and remove and discard all or any part of your account or any content uploaded by you, at any time. FITISM may also in its sole discretion and at any time discontinue providing access to the gym, or any part thereof, with or without notice. You agree that any termination of your access to the gym or any account you may have or portion thereof and/or Gym may be effected without prior notice, and you agree that FITISM will not be liable to you or any third party for any such termination, provided that, if FITISM terminates your account other than due to breach by you of these Terms, FITISM shall refund a pro-rata proportion of the fee paid for the FITISM service in which such termination takes effect. FITISM does not permit copyright infringing activities on the gym and reserves the right to terminate access to the gym and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Gym may be referred to appropriate law enforcement bodies. These remedies are in addition to any other remedies that FITISM may have at law. ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS THE SITE IS NOT INTENDED FOR USE BY PERSONS OUTSIDE THE UNITED KINGDOM OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY FITISM. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A UNITED KINGDOM RESIDENT WHO HAS NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. Applicable only to corporate accounts authorized by us: If you are using or opening an account on the Site on behalf of a company, entity, or organisation (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organisation to these Terms.You agree that the information you provide to FITISM on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.

PRIVACY

Your privacy is important to FITISM. The FITISM Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to FITISM’s collection, use, and disclosure of your personal information.

GYM RULES AND CONDUCT

Prior to participation in any of FITISM products and services you will need to complete a health and fitness assessment screening this will be completed during your first appointment at your FITISM Gym. FITISM reserve the right to request that you seek medical advice if we deem your response to the health and fitness assessment a risk.  It is always advised you seek medical advice prior to starting anything new in relation to fitness if you have any underlying health issues that may put you at risk.
FITISM Members, FITISM Founder Members and Non Members are required to self schedule their BUILD, BURN and or Open Gym sessions via the FITISM app.
BUILD Sessions – each BUILD session will last between 45-55 minutes, before BUILD sessions you are expected to be warmed up and ready before your session begins.
BUILD sessions – during each BUILD session your Coach will take you through your programme alongside other FITISM members. In each instance you will be taken through an exercise session that is appropriate for you and specifically designed to achieve the results you want to achieve. Where possible during BUILD sessions your Coach will try and get all those training alongside each other to follow the same programming. This allows for more attention, technique management, engagement and lends itself to a better session. Your Coach can then scale the exercises to make the intensity specific and appropriate for you.
BURN Sessions – In order to participate in a BURN session you will need to book into either a BURN session or Open BURN session via the FITISM app before the session commences. You should arrive at least 5 minutes prior to your session. If you are not physically present before the start of your scheduled session, your spot may be released to an individual on the waitlist.
All injuries must be reported before each session.
We provide water from the water station in the gym, or you can bring your own in a suitable non spill container.
Please clean and put equipment away once you are finished with it.
The training etiquette at FITISM is to allow someone to finish what they have started, so please do not get in someone’s way when they are doing an exercise.
Please refrain from wearing muddy trainers in the gyms.
Your personal belongings can be kept in the changing rooms or the shelves provided. You agree that FITISM is in no way responsible for the safekeeping of your personal belongings whilst you are present in the gym. You assume all risk of loss for any of your personal belongings.  Please do not leave personal belongings lying around in the gym area.

GYM CONDUCT
By using the gym, you promise to respect our facility. Respect our procedures. Respect our teams. Respect our clients. Respect our product

FITISM DEFINITIONS/TERMS
FITISM Member = a client who has purchased a membership
FITISM Founder Member = a client who has purchased one of the first memberships following the opening of a new gym and is honour a lifetime discount
Non-member = a person who not used FITISM services or pays to participate in a course (ALPHA or GAMES).
‍BUILD = Small group strength and conditioning sessions (not “PT sessions”)
BURN = Aerobic conditioning sessions (not “classes”)
Open Gym = train in the gym on your own (no formal coaching provided)
Open BURN = follow the daily BURN workout on your own (no formal coaching provided)
Singles = one session
Blocks = 10 sessions
COACH = Our team members that deliver the FITISM product to the members. The FITISM Coaches role encompasses two core elements; the sessions they deliver on the gym floor and the support they provide off the gym floor
GYM = ‘A small group personal training gym’ is how we describe the FITISM facility
MEMBER = Our clients. A member of the FITISM family / community

By using the Gym, you promise not to: Harass, threaten, or defraud Site users; Make unsolicited offers, advertisements, proposals, or send junk mail to users;Impersonate another person or access another user’s account without that person’s permission;Share FITISM - issued passwords with any third party or encourage any other user to do so;Permit third parties to use any classes booked under your FITISM membership, including other FITISM members; Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;Upload material (e.g., virus) that is damaging to computer systems or data of FITISM or users of the Site;Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; orUpload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content.

By using the Site, you promise not to: Harass, threaten, or defraud Site users;Make unsolicited offers, advertisements, proposals, or send junk mail to users;Impersonate another person or access another user’s account without that person’s permission;Share FITISM - issued passwords with any third party or encourage any other user to do so;Permit third parties to use any classes booked under your FITISM membership, including other FITISM members; Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights; Upload material (e.g., virus) that is damaging to computer systems or data of FITISM or users of the Site; Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; orUpload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content.You much be 16 years of age or older to use this Site or to purchase a FITISM Membership and/or FITISM Bundle.

PROHIBITED GYM CONDUCT  

By using the Site, you promise not to:Harass, threaten, or defraud Site users;Make unsolicited offers, advertisements, proposals, or send junk mail to users;Impersonate another person or access another user’s account without that person’s permission; Share FITISM - issued passwords with any third party or encourage any other user to do so;Permit third parties to use any classes booked under your FITISM membership, including other FITISM members; Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights; Upload material (e.g., virus) that is damaging to computer systems or data of FITISM or users of the Site; Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; orUpload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content.

PASSWORD

When you sign up for FITISM Services via the FITISM app, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another FITISM client at any time or to disclose your password to any third party. You agree to notify FITISM immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.

DISCLAIMERS; NO WARRANTIES

YOU AGREE THAT ATTENDANCE AT OR USE OF ANY SUCH CLASSES, ACTIVITIES, OR OTHER SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL FITISM BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE OR PARTICIPATION IN A CLASS, SERVICE OR APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE IN CONNECTION WITH THE SERVICES.UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FITISM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE CLUB AND/OR THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE FACILITIES IN THE STUDIOS OR THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH FITISM, EVEN IF FITISM OR A FITISM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FITISM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

DISPUTE RESOLUTION

Generally, if a dispute arises between FITISM and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and FITISM agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Choice of Law; Forum. These Terms shall be governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against FITISM must be resolved by a court located in the United Kingdom, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the UK for the purpose of litigating all such claims or disputes.

Disclosures
The services hereunder are offered by FITISM Limited and/or FITISM UK Limited, two limited liability company's incorporated and registered in England and Wales, whose registered office and number is located at:

FITISM Ltd
Riverside Gym, Bakewell, Derbyshire, DE45 1GS
Company number: 05765598

FITISM UK Ltd
68 Manchester Road, Wilmslow, Cheshire, SK9 2JY
Company number: 14257475