TERMS & CONDITIONS
By accessing, browsing, and/or using the Site 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.
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. BUILD (1:1, 3:1 or 6:1) or BURN (HIIT, RIIT, RIDE, SWEAT, CROSSHIIT, CORE etc)
FITISM Affiliate Member = a client who has paid a one off fee to purchase a BURN session or BU|RN bundle.
Non-member = a person who not used FITISM services or pays to participate in a course (ALPHA or GAMES).
1:1 BUILD (Private Training) = a session that involves one client and one FITISM Personal Trainer.
3:1 BUILD (Partner Training) = a session that involves up to three clients and one FITISM Personal Trainer.
6:1 BUILD (Buddy Training) = a session that involves up to six clients working with one FITISM Personal Trainer.
Eligible Sessions = sessions that are available at your allocated gym that are advertised on your gym class schedule via the FITISM website or FITISM app.
Gym = name given to the entire building that houses FITISM Gym and FITISM Kitchen.
FITISM Kitchen = name given to FITISM’s smoothie area and food business producing FITISM Kitchen products.
BURN Sessions = all larger group metabolic conditioning sessions including but not exclusive to HIIT, RIIT, JAB, RIDE, SWEAT, CROSSHIIT
FITISM reserves the rights to change the detail within a service such as capacity, session duration at any time without the need to amend a membership.
OFFERS / PROMOTIONS
Black Friday 2019
- 90% off £90 Gift Voucher
- Gift Vouchers expire 1st February 2020
- Gift Vouchers not 'Me' Vouchers - to be gifted to non-members ONLY
- Only 1 Voucher can be gift and therefore used per person
- No current member can use these vouchers against their current memberships or freeze current membership to use vouchers.
- To use the vouchers hand all £90 worth of vouchers into FITISM and we will set up a FITISM account and apply £90 member credi to that account.
- The vouchers can ONLY be used for Build or Buirn fitness services or against a 6 week challenge - strictly not to be used to purchase any food or products sold of the FITISM Kitchen
Gym RULES & CONDUCT
Attending a BURN or BUILD Session
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 Affiliate Members and Non Members will need to sign in to the class or session upon arrival at your chosen FITISM Gym using the FITISM app on a mobile device or at the facility reception desk using the device provided.
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 trainer will take you through your programme either on your own (1:1 Private) or alongside 3-6 other FITISM members (3:1 / 6:1) 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 Trainer 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 more motivational session. Your Trainer 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 the BURN session via the FITISM app or via the FITISM website before the session commences. You should arrive at least 5 minutes prior to your session. If you are not physically present and have not signed in within five minutes 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 to purchase or free 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 lockers/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.
Free Consultation – we offer prospect customers a free consultation, free consultations are not available to existing members unless specifically advertised to do so for the launch of a new service for example.
Different services available may vary slightly between FITISM gyms.
There are 2 options available: Within both of these membership options there is the option to select the type and amount of services each week. Full details of what our memberships cover can be found on the pricing page of the FITISM website. To bespoke you membership within our pricing framework we encourage you to dicusess your options to match your budget in a FREE Consultation.
Every membership varies hugely in services included. It is the sole responsibility of you the client to book and cancel the services available within your membership.
BUILD Memberships – FITISM members can choose one of the following options for their weekly BUILD session included in their membership - 1:1, 3:1 or 6:1 BUILD sessions. BUILD members have the option to purchase additional BUILD sessions on an individual “pay as you go” option, and can be purchased and booked via the FITISM website or FITISM App. FITISM members receive their chosen number of BUILD sessions per week at their chosen gym operated by FITISM during each FITISM billing cycle. Members cannot transfer or gift BUILD sessions to third parties, including to other FITISM members.
BURN Memberships - Members have the option to choose between 9, 13 or 18 BURN sessions per month (“Eligible Sessions”) that are contained within their membership to be used at their chosen gym operated by FITISM during each FITISM billing cycle. 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. BUILD 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 BURN sessions if minimum participation is not met.
Full details of our BUILD and BURN sessions and options can be found on the Pricing page of the FITISM website
Bundles (BUILD & BURN) – We offer 1 session or 10 session bundle options. Sessions must be booked at your chosen gym operated by FITISM. FITISM Affiliate Members cannot transfer or gift sessions to third parties, including to other FITISM Affiliate Members or FITISM Members.
ANNUAL MEMBERSHIP PRICE CHANGES INLINE WITH INFLATION
At the start of each financial year (April 5th) your 'Lifetime Membership' will increase. FITISM deem annual membership increases essential to ensure the business can maintain an incredibly high level of service and manage increasing operating costs.
BUILD and BURN Add On sessions for BUILD and BURN Members - FITISM Members and Affiliate Members can purchase additional BUILD or BURN sessions via the FITISM App at the current prices presented on the app.
FITISM Members and Affliliate members cannot request an old price for Bundle options or add on sessions. To lock a price in place it must be added to your direct debit as an additional weekly session.
BUILD & BURN Sessions for Non Members – Non Members wishing to try out a BUILD and BURN sessions can purchase sessions via the FITISM App.
Your FITISM membership starts on the date that you sign up and submit payment via a valid Payment Method (as defined below). FITISM membership cycles are 3 months in length from the 1st of the month, with a rolling 3 month 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 3 month FITISM membership cycle. For example, if you purchase your FITISM membership on 1st April, your FITISM membership will automatically be taken on 1st May and the 1st June and then renew on 1st July for a further 3 months (see “Billing Cycles” below). Once your new 3 month FITISM membership cycle starts, you will have access to your Eligible BURN or BUILD 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.
Membership Renewal and App Lag Time - At the end of each 3 month billing cycle we are currently experiencing an approximate 3 day lag in our app technology. We are working hard to overcome this problem. This means at the end of each of your 3 month billing cycles you may experience a 3 day period where the FITISM app will not recognise your membership and allow you to book sessions without asking for you to pay. In this instance please contact your FITISM studio by telephone to book sessions. We are incredibly sorry for the inconveniance this may cause.
Downgrading your membership – Please contact a member of staff at your FITISM gym. No changes can be made until your current 3 month billing cycle has ended. For all changes a £15 admin fee will be applied to cover costs incurred to do this. If however you would like to upgrade (minumum 3 month contract) FITISM will incur the cost of £15 admin fee.
Account for FITISM Kitchen – FITISM members can set up an account for FITISM Kitchen products/services. To open an account members will be asked for a credit or debit card. The card information provided will be held on their FITISM account and will be used to clear any debt collected on their account throughout the previous month. Members accounts are cleared to £zero in arrears at the end of each month. Members are also able to view their account credit on the FITISM app. The account system is a credit system not a debt system.
When members top their account up by £50 or more and their credit total is over £50 they will receive a further 10% credit.
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 Bundles - FITISM bundle clients receive the number of sessions commensurate with the package purchased. Such sessions may be redeemed at any gym operated by FITISM until such time that the FITISM bundle is exhausted whether through consumption or expiry. FITISM makes no guarantee on the availability of sessions as access to sessions are on a space-available first come, first serve basis. Session participation must be booked in advance via the booking schedule on the FITISM App.
FITISM Bundles Expiry
Your FITISM bundle starts on the date that you make payment in full via a valid Payment Method. FITISM Bundles contain between one and ten sessions and expire from the date of purchase. Expiry dates are as follows: 1 session: 1 week, 10 sessions: 18 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 prior to your 3 month billing cycle ending.
The contract period for all FITISM memberships is 3 full billing cycles (3 months), 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. Payment will be arranged so direct debits start on the first of the month for the month ahead
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
A FITISM Billing cycle is made up of 3 full months initially followed by monthly rolling.
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 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. Once your initial 3 month contract period has finished your membership will auto renew every month until FITISM receives other instructions. (i've updated this to monthly after the initial 3 month sign up period, ok?)
It is up to the client to ensure they have used all their sessions within their billing cycle. Any sessions not used within your billing cycle can not 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 Gym through to the end of your paid FITISM membership cycle.
BUILD sessions - Based on your pre-agreed membership you will be issued a number of BUILD sessions, these are as follows;
1 per week memberships - you will be released 13 sessions to cover a 13 week period to cover the billing cycle length of 3 months
BUILD 9 - you will be released 9 sessions at the start of every month, these sessions have a 2month expiry on them. For example, 9 sessions released on the 1st May you have until the end of June to use them.
BUILD 13 - you will be released 13 sessions at the start of every month, these sessions have a 2month expiry on them. For example, 13 sessions released on the 1st May you have until the end of June to use them.
BUILD 18 - you will be released 18 sessions at the start of every month, these sessions have a 2month expiry on them. For example, 18 sessions released on the 1st May you have until the end of June to use them.
Sessions released on a monthly basis (aka BUILD 9, 13 and 18) have a 2 month expiry on them. Sessions released over a 3 month period (aka 1 per week memberships) have a 4month expiry on them
Splitting and Combining of BUILD Session Types - A BUILD session type can not be split or combined. For example, one 1:1 BUILD session can not be split into six 6:1 BUILD and six 6:1 BUILD sessions can not be combined to be used as one 1:1 BUILD session. If you have a banked session(s) you would like to use but can not find an appropriate time to book in for your session type you can use that session in a lower priced session type slot. For example, if you want to use 1x banked 1:1 BUILD session but can not find 1x 1:1 BUILD session availability that suits you, you have the option to use that session type in 1x 6:1 BUILD slot. See BUILD expiry above to see your expiry terms.
How To re-schedule Banked Sessions - The rebooking of banked sessions is 100% the responsibility of you the client. To reschedule a banked session see ‘How to schedule, change or cancel sessions and classes’ If you do not rebooked your session within the terms above that session will expire.
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 over 16 years old. BUILD sessions can not be transferred to family members that are NOT current members. BURN sessions are strictly non transferrable under all circumstances - should you need this to happen they should contact your gyms facility manager (FITISM Bakewell or FITISM Wilmslow).
Reoccurring BUILD Session Appointments - As a BUILD Member you are advised 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 trainer 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 client the opportunity to train at that time and you will have to arrange another time.
Reoccuring appointments are only available to members on a direct debit, they are not available to block payers or affiliate members. Block payers and affliliate members purchase and book through the app only, a FITISM staff member cannot and will not reserve you a reoccuring appointment if you are a block payer.
Re-purchasing single or bundles of sessions - The price of your single session or bundle 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 and the price of the sessions is then set for the duration of the membership term (3 months)
Payment Methods - You may edit your Payment Method information by informing FITISM staff 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” 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 an initial 3 month commitment followed by rolling months. After your initial 3 month period you may terminate your FITISM membership at any time, for any reason, by completing the ‘Membership Cancellation Notice’ form which can be obtained from your FITISM facility. 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. Cancellations relating to FITISM Bakewell please contact firstname.lastname@example.org, cancellations related to FITISM WILMSLOW please contact email@example.com
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 client 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 responsability of the member to cancel/reschedule the session. If for whatever reason you are struggling with the technology please contact a FITISM staff member who will do their best to help. In this scenario it is still the responsability of the member to ensure the session has been cancelled. 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.
Banking blocks of scheduled BUILD sessions due to holidays - Depending upon your type of FITISM membership, you will have a certain number of prescheduled BUILD sessions each week included in your membership. BUILD 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 rebooked before the stated expiry above (please refer to BUILD Expiry). For example, if you have 2 prescheduled BUILD sessions each week that equates to 9 BUILD sessions per month you must use within 2 months from the begining of the first month. Any banked BUILD sessions are lost on expiry and removed from your account/app. The rebooking of banked sessions is 100% the responsibility of you the client. To reschedule a banked session you must do so through the FITISM app or the FITISM website.
This option is not available for classes included within the FITISM membership as these are subject to an expiry date.
Credit Accrued Due To FITISM Closer - Any credit accrued during a FITISM closer can only be used for additional sessions on top of you FITISM Membership. Should your FITISM membership be cancelled credit accrued will also be cancelled.
OUTDOOR BUILD Sessions - run during the COVID19 pandemic - June 2020
All people attending the 1:1 and 6:1 (where the trainer is the 6th person) outdoor BUILD sessions do so at their own risk.
Social distancing measures must be followed at all times by everyone invloved in the session
Equipment must be wiped down after use by the person using it. Individual sparys and wipes will be available to all. At the end of the day the trainer will also clean all equipment.
Toilets can be used at your own risk and hand hygiene must be followed at all times. We kindly ask that you wipe down the door handle, tap handle and flush handle after use using the wipes provided, please inform a FITISM member of staff if anything runs out.
All sessions are booked and paid for via the app
Session cancellation terms are exactly the same as set out above under 'Individual BURN or BUILD session cancellation/rescheduling'
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)
Booking BUILD sessions – BUILD members can pre-book the same time slot for their BUILD sessions, to arrange this please contact a member of FITISM staff.
Upgrading your membership – Please contact a member of staff at your FITISM gym.
Downgrading your membership – Please contact a member of staff at your FITISM gym. No changes can be made until your billing cycle has ended and a £15 admin fee is charged for every downgrade change to your Direct Debit payment.
Freezing FITISM BUILD membership – FITISM BUILD memberships can be frozen should the individual be unable to train for an extended period of time. A FREE freeze is only available ONCE within a 12 month membership cycle for a maximum of ONE calendar month. If you require longer time off your options are tpo either cancel your membership following the 1 full month notice period required, or continue to pay and catch up sessions on your return. If you choose to cancel your membership and if you were to return you would return to the most up to date prices and if you had a reoccuring appointment this will be lost.
Freezes can not be used to make up BUILD sessions missed within your previous membership cycle. For example, if you have 6 sessions to make up 3 weeks before your expiry you can not freeze for those remaining 3 weeks to catch up on your 6 sessions. Instead you must find time in your diary to make up those 3 sessions within your billing cycle.
If you wish to reserve your original BUILD session time however. In order to freeze your account please complete the ‘Membership Freeze Notice’ form which can be obtained from your FITISM facility.
If you cancel a membership (cancellation of your own Direct Debit) and re-join you will be re-joining at the current membership prices. If the prices are the same as your previous membership then a £15 admin fee will be charged to your first payment to offset the charge FITISM incur each time someone cancels and then asks to reset their Direct Debit payment.
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 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 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 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 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 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.