TERMS & CONDITIONS
By accessing, browsing, and/or using the Site and/or any facility operated by FITISM (a “Studio”), 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.
When you sign up for FITISM Services online, 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 unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Prior to any participation in FITISM Services, you will need to complete a Physical Activity Readiness questionnaire (PARQ).
FITISM Member = a client who has purchased a membership. Personal training (Transform) or classes (Play).
FITISM Affiliate Member = a client who has paid a one off fee to purchase a class or class bundle.
Non-member = a person who not used FITISM services or pays to participate in a 28 day course.
Personal Training - Private = a session that involves one client and one FITISM Personal Trainer.
Personal Training - Partner = a session that involves two clients and one FITISM Personal Trainer.
Personal training - Buddy = a session that involves up to four clients working with one FITISM Personal Trainer.
Eligible classes = classes that are available at your allocated studio that are advertised on your studio class schedule via the FITISM website or FITISM app.
Studio = name given to the entire building that houses FITISM studio and FITISM Kitchen.
FITISM Kitchen = name given to FITISM’s food and nutrition business
PT = Personal Training
My FITISM = your personal password protected area on the FITISM website that contains all your individual programming, body statistics, coaching, nutrition and exercise support to help you achieve body transformation. Coming soon.
STUDIO RULES & CONDUCT
Attending a class or PT
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 studio.
FITISM Members, FITISM Affiliate Members and Non Members will need to sign in to the class or session upon arrival at your chosen FITISM studio using the FITISM app on a mobile device or at the facility reception desk using the device provided.
Personal Training (PT) – each personal training session will last between 45-55 minutes, before PT sessions you are expected to be warmed up and ready before your session begins. Make sure you complete your specific warm up programme 15 minutes before your session starts.
Personal Training sessions – in order for you to continue to move closer to your goals a specific programme will be created for you. During each PT session your trainer will take you through your programme either on your own (private) or alongside another FITISM member (partner) or in a group of 4, (Buddy) 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 Transformation Training (2on1) sessions your Trainer will try and get both you and the person you are training alongside to follow the same programming. This allows for a more attention, technique management, engagement and lends itself to a more motivational session. Your Trainer can then scale the exercises to make the intensity specific and appropriate for you.
Classes – In order to participate in a class you will need to book into the class via the FITISM app or via the FITISM website before the class commences. You should arrive at least 5 minutes prior to class. If you are not physically present and have not signed in within five minutes before the start of your scheduled class, your spot may be released to an individual on the waitlist.
All injuries must be reported before each class
We provide water to purchase or free from the water station in the studio, or you can bring your own in a suitable non spill container.
Please 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 studios
We provide lockers for your personal belongings. You agree that FITISM is in no way responsible for the safekeeping of your personal belongings whilst you are present in the studio. You assume all risk of loss for any of your personal belongings.
FITISM 2 week experience – prospect customers are able to sign up to a 2 week experience via the FITISM website or FITISM App. We offer 2 experiences, one for our TRANSFORM memberships and one for our PLAY membership, full details of what is included are detailed on the Home page.
Free consultation – we offer prospect customers a free consultation, these are not available to existing members.
There are 3 options available: full details of what our memberships cover can be found one the pricing page of the FITISM website.
Personal Training – FITISM members can chose one of the following options for their weekly PT session included in their membership - Private, Partner or Buddy.
PT members have the option to purchase additional PT sessions on an individual “pay as you go” option, and can be purchased and booked via the FITISM website or FITISM App.
- TRANSFORM 1 - FITISM members receive their chosen number of hourly PT sessions per week at their chosen studio operated by FITISM during each FITISM billing cycle. Members also have full access to the studio during opening hours. Members cannot transfer or gift PT sessions to third parties, including to other FITISM members.
- TRANSFORM 2 - FITISM members receive their chosen number of hourly PT sessions per week at their chosen studio operated by FITISM during each FITISM billing cycle. Members receive unlimited classes to be used at their chosen studio operated by FITISM during each FITISM billing cycle with ability to book 6 sessions per week (“Eligible Classes”). Members also have full access to the studio during opening hours. Members cannot transfer or gift classes or PT sessions to third parties, including to other FITISM members.
- PLAY - members receive unlimited classes to be used at their chosen studio operated by FITISM during each FITISM billing cycle with the ability to book 6 sessions per week (“Eligible Classes”). Members cannot transfer or gift classes to third parties, including to other FITISM members. . FITISM makes no guarantee on the availability of classes as access to classes is on a 1st come, 1st serve basis. PT sessions are available to purchase by customers on this membership, these can be purchased and booked on an individual “pay as you go” option on the FITISM website or App. FITISM reserve the right to cancel classes if minimum participation is not met.
Full details of our classes and options can be found on the Pricing page of the FITISM website
Class Bundles – We offer 1 class, 10 or 20 class bundles. Classes must be booked at your chosen studio operated by FITISM. FITISM Affiliate Members cannot transfer or gift classes to third parties, including to other FITISM Affiliate Members or FITISM Members.
28 DAY COURSES
Full details of our courses can be found on the 28 day courses page of the FITISM website
FITISM 28 day Courses – FITISM Members, FITISM Affiliate Members and Non Members can purchase 28 day Courses, there is no limit to the amount of courses attended throughout the year.
FITISM members with a Transform membership will not be charged a fee for course participation however a fee may be applied upon course registration to cover the cost of the social supper clubs, individual check-ins and group workouts that are held throughout the course. Access will be provided to optional Buddy PT sessions focused specifically upon the training requirements of the course and to enable these members to maximise their results.
FITISM Members with a Play membership will pay a one off upgrade fee subject to change to participate (pricing can be found on the courses page) this includes 8 Buddy Training sessions, individual check ins and group workouts that are held throughout the course.
FITISM Affiliate Members on a class bundle package and Non Members will pay a one off fee to participate (pricing can be found on the courses page).
Booking and payment for course participation is via the FITISM website.
PT Add On sessions for Members (Transform & Class) - FITISM Members and Affiliate Members can purchase additional PT sessions via the website or FITISM App.
PT Sessions for Non Members – Non Members wishing to try out a PT session can sign up for our Transform experience via the website.
Coaching - – FITISM members and FITISM affiliate members can make an appointment with a FITISM coach to review progress, discuss their programmes, have their body composition stats carried out or request nutritional support. Sessions are available for either 30 (C30) or 60 (C60) minutes.
Appointments can be rescheduled with 24 hours prior notice to the appointment using the FITISM app to cancel and rearrange your appointment. If you reschedule within 24 hours you will lose that appointment and it cannot be rearranged. No refunds will be made.
Your FITISM membership starts on the date that you sign up and submit payment via a valid Payment Method (as defined below). FITISM membership cycle is a minimum of 3 months in length from the 1st of the month, with a rolling monthly 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 end of each FITISM membership cycle. For example, if you purchase your FITISM membership on 1st April, your FITISM membership will automatically renew on 1st May (see “Billing Cycles” below). Once your new FITISM membership cycle starts, you will have access to your Eligible Classes or PT sessions for such new FITISM membership cycle. If you join 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 the first full billing cycle plus the remainder of the current month. As stated above your official contract starts from the first full billing cycle.
Payment for all FITISM memberships are via monthly direct debit to your nominated bank account. You will be asked to set up a direct debit mandate form 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.
Account for FITISM Kitchen – FITISM members can set up an account for FITISM Kitchen products/services. Members will be asked for a credit or debit card which will be used to charge purchases against. Members will be informed once their credit needs topping up. Members are also able to view their account credit on the FITISM app. Minimum card payments are £10 or a twenty-five pence transaction fee will apply.
Affiliate members & Non-members will need to pay for purchases at the point of sale with a valid payment card or cash. There is a minimum charge of £10 or a twenty-five pence transaction fee will apply.
FITISM Class Bundles - FITISM Class bundle clients receive the number of classes commensurate with the package purchased. Such classes may be redeemed at any studio operated by FITISM until such time that the FITISM class bundle is exhausted whether through consumption or expiry. FITISM makes no guarantee on the availability of classes as access to classes is on a space-available 1st come, 1st serve basis. Class participation must be booked in advance via the class booking schedule on the FITISM website or FITISM App.
FITISM Class bundles Expiry
Your FITISM bundle starts on the date that you make payment in full via a valid Payment Method. FITISM Class Bundles contain between one, ten and twenty classes and expire from the date of purchase. Expiry dates are as follows: 1 class: 1 week, 10 classes: 16 weeks, 20 classes: 32 weeks.
BILLING - FITISM Memberships
Recurring Billing. By starting your FITISM membership, you authorise us to charge you a monthly fee at the then current rate. Increases in the current rate will be notified with 1 month notice, after your initial 3 monthly billing cycle.
3, 6 and 12 month contracts are available.
The minimum contract period for all FITISM memberships is 3 full billing cycles, a billing cycle starts on the 1st of the month. For example if you join on the 20th March your 3 full month billing cycle will be inclusive of April, May and June. The same applies for the 6 and 12 month contracts. Payment will be arranged so direct debits start on the first of the for the month ahead
Discounted fees are available for 6 or 12 months if purchased during your initial contract set up, please enquire during your first check in.
If 12 months is paid for upfront then the user can receive 1 month free. For example pay for 11 get 12, again as above it is 12 full billing cycles meaning your contract starts from the 1st of the month.
FITISM Membership Billing Cycle
When you sign up and purchase your FITISM membership, your first payment is for 1 full month regardless of the joining date and is paid for immediately. Your FITISM membership will then be set up via direct debit for the 1st of the following month if possible. If the deadline is missed (20th of the previous month) then it will be set up for the 1st of the month following the following month. The amount of the first payment will depend on the date of your initial 1 month payment. It may be less or more and you will receive confirmation from FITISM regarding the first direct debit payment amount.
Your FITISM membership will then auto-renew on the 1st of each month and will continue to do so until either you or FITISM wish to terminate. Once your contract period has finished your membership will auto renew on a monthly basis until FITISM receives other instructions. Once your contract has finished the single monthly auto renew will automatically continue, due to the APP software it will be shown as a repeat of your initial contract period (i.e. 3 months) however please note it is only for 1 month not 3 and will continue to be from this point onwards.
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 Studios through to the end of your paid FITISM membership cycle.
Payment Methods - You may edit your Payment Method information by informing FITISM staff who can access your FITISM account and updating 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” below), you remain responsible for any uncollected amounts.
Cancellation of 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 3, 6 or 12 months. You may terminate your FITISM membership at any time, for any reason, by contacting your local studio directly via phone or email with at least 28 days prior notice ahead of a renewal date. For example, if your next renewal date is 30th September, you need to cancel by 2nd September in order to avoid being charged for the next FITISM membership cycle. If for any reason, memberships are cancelled within the initial 3, 6 or 12 month period, the remainder of the amount owning for the 3, 6 or 12 month contract period is due immediately.
Class & PT session cancellation/rescheduling – It is the FITISM Member or FITISM Affiliate Member’s responsibility to cancel their pre booked class or PT session by logging on to the FITISM website or via the FITISM app or by calling the applicable studio directly. FITISM require 24 hour prior notice for any classes or PT sessions you cannot attend, this includes rescheduling a PT session. If you cancel or reschedule outside of the 24 hour notice period or do not show up to your class or PT session you will lose that class or PT session. FITISM reserve the right to charge for the full price of the class for members who do not cancel and do not turn up for their slot, as in such cases FITISM are unable to allocate the class space to the next person on the waitlist.
PT sessions that are cancelled with 24 hour prior notice can be rescheduled but must be used within contracted period. For example if you are opted for a 6 month contract all sessions must be used within that window.
Parking blocks of scheduled PT sessions due to holidays - Depending upon your type of FITISM membership, you will have a certain number of prescheduled personal training sessions each week included in your membership. Personal training sessions that cannot be attended due to holidays can be rescheduled if cancelled in time (24 hours prior notice) and those missed sessions that are eligible for rescheduling must be used within your contracted period. This option is not available for classes included within the FITISM membership as these are subject to an expiry date.
Class waiting list – Classes can be booked via the FITISM app or FITISM website. Classes operate on a strictly 1st come, 1st serve basis. Classes can be booked 7 days in advance. We operate a class waiting list, if a space becomes available you will be notified via the App (as long as you haven’t unsubscribed to notifications)
Booking PT sessions – PT members can pre-book the same time slot for their PT sessions, to arrange this please contact a member of FITISM staff.
Upgrading your membership – Please contact a member of staff at your FITISM studio.
Downgrading your membership – Please contact a member of staff at your FITISM studio. No changes can be made within the initial 3 month contract period.
Freezing FITISM membership – FITISM memberships can be frozen should the individual be unable to train for an extended period of time. Members on a 3-month contract cannot freeze their membership. Members on a 6 month contract can freeze their membership once within a 12 month calendar year and for a maximum of 1 calendar month. Members on a 12 month contract can freeze their membership once within a 12 month calendar year and for a maximum of 2 consecutive calendar months.
If you wish to reserve your original PT training time however, a retainer fee of £5 per week will be applied to these 3 months. In order to freeze your account please contact a member of staff at your FITISM studio who will make the necessary change to your account.
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 Studio 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 Site and/or studio, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof and/or Studio 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 Site and reserves the right to terminate access to the Site 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 Site and/or Studio 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 organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization 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.
By using the Site, you promise to:
- Respect our facility
- Respect our procedures
- Respect our teams
- Respect our customers
- Respect our product
PROHIBITED SITE 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; or
- Upload 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.
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.
General. 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, a limited liability company incorporated and registered in England and Wales with company number 05765598, whose registered office is located at: FITISM, Riverside Gym, Bakewell, Derbyshire, DE45 1GS.