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.
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 like Granola's
PT = Personal Training
C15 = 15 minute coaching session
C30 = 30 minute coaching session
C60 = 60 minute coaching session
Gym 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 Gym.
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.
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 Partner PT (2on1) and Buddy PT 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 gym, 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 gyms.
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 gym. 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.
Different services available vary between FITISM locations.
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.
Personal Training Member (TRANSFORM 1) – FITISM members can chose one of the following options for their weekly PT session included in their membership - Private, Partner or Buddy. Personal Training members also have the option to add coaching sessions to their monthly memberships. 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. 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 cannot transfer or gift PT sessions to third parties, including to other FITISM members.
Class Member (PLAY) - Members have the option to choose between 3, 4 or 5 classes per week (“Eligible Classes”) that are contained within their membership to be used at their chosen studio operated by FITISM during each FITISM billing cycle. Any classes not used within a 30 day period will be lost. 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.
Personal Training & Class Member (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 have the option to upgrade to 3, 4 or 5 classes per week at a 15% discount for being a Personal Training member. All classes (“Eligible Classes”) are to be used at their chosen studio operated by FITISM during each FITISM billing cycle. Members cannot transfer or gift classes or PT sessions to third parties, including to other FITISM members.
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.
ANNUAL MEMBERSHIP PRICE CHANGES INLINE WITH INFLATION
At the start of each financial year (April 5th) your 'Lifetime Membership' will increase inline with national inflation. For example, if your membership is £200 per month up until 4th April 2018 and the new rate of inflation is 3% your new membership price will increase to £206 from 5th April 2017 for the following finacial year.
Full details of our courses can be found on the 28 day courses page of the FITISM website
FITISM Courses – FITISM Members, FITISM Affiliate Members and Non Members can purchase FITISM Courses, there is no limit to the amount of courses attended throughout the year.
The fee charged for courses may be applied upon course registration and vary from courses to course depending on content, clothing, individual check-ins and group workouts, coaching etc 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 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 app.
PT Add On sessions for Members (Personal Training & 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.
6 Week Challenge Credit
Based on what you have achieved over the course of the 6 week challenge you will have accrued multiples of £20 or £40 of credit to be used against a FITISM membership. For every £20 or £40 of credit accrued you can use that amount per month against a FITISM membership.In order to use your credit against a FITISM Membership you must make the first months payment, set up a direct debit form and define an agreed membership start date within 7 days of your final 6 Week Challenge Measurement.
When your direct debit is initially set up you will receive an automated email with the total amount per month shown without your credit amount being deducted. We will then amend the individual monthly amounts with your credit deducted. The amount taken out of your bank account will be the amended amount to include your reduced credit.
In order to use your credit against a FITISM Membership you must make the first months payment, set up a direct debit form and agree a membership start date within 7 days of your final 6 Week Challenge Measurement
Your credit expires if you do not agree a membership within 7 days of your final 6 Week Challenge Measurement and/.or you freeze or cancel your membership before you have used all your accrued credit.
Your credit will be lost if you cancel your membership before you have used all your accrued credit and then wish to re-join at a later date.
Minimum membership terms are for 90 days (3 months). After which time FITISM required 28 day notice to cancel or change a membership.
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 15 (C15) 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 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 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.
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 or changing 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.
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.
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 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 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 'month' is 30 days.
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 3 months 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 contract period has finished your membership will auto renew every 3 months for another 3 month billing cycle until FITISM receives other instructions. Every time your 3 month contract has finished another 3 month auto renew billing cycle will automatically continue.
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 Studios through to the end of your paid FITISM membership cycle.
Personal Training sessions - Based on your pre-agreed membership you will be issued a number of Personal Training sessions over a 13 week period to cover the billing cycle length of 3 months. PT sessions are re-set to zero every 13 weeks, each 13 week period you have a set amount of pre agreed sessions that you must complete within that period. This is unless you choose to bank a session within your 13 week billing cycle in which case your banked session will expire 28 days from the day you banked the session in question.
28 Day Session and Class Expiry - If you are on a personal training membership you can ‘bank’ missed sessions to be used for another time for up to 28 days. After 28 days your banked session, if not used will expire
Splitting and Combining of Personal Training Session Types - A Personal Training session type can not be split of combined. For example, one PRIVATE personal training session can not be split into two PARTNERS and 2 BUDDY personal training sessions can not be combined to be used as one PARTNER. 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 PRIVATE PT session but can not find 1x PRIVATE PT session availability that suits you, you have the option to use that session type in 1x PARTNER slot or 1x BUDDY slot. Equally you can make up 1x banked PARTNER session in 1x BUDDY slot but can not use it in 1x PRIVATE PT slot. Your banked session will expire after 28 days if not used.
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 next 28 days that session will expire
Personal Training Sessions and Classes are non-transferable - Sessions and Classes are to be used by the person who bought them. Sessions can only be transferred between immediate family that are current FITISM members for personal training sessions only and participants have to be over 16 years old. Personal Training sessions can not be transferred to family members that are NOT current members. Class 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 Personal Training Appointments - As a Personal Training 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.
Re-purchasing single or pack of sessions and/or classes - The price of your single session/class or pack of sessions/classes 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 classes or PT 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 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 months. You may terminate your FITISM membership at any time, for any reason, by contacting your local gym directly via phone or email with at least 28 days prior notice ahead of a renewal date. For example, if your next 3 month billing cycle renewal date is 30th September, you need to cancel by 2nd September in order to avoid being charged for the next 3 month FITISM membership cycle. If for any reason, memberships are cancelled within your 3 month billing cycle, the remainder of the amount owning for the 3 month contract period is due immediately.
Individual class or PT 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 classes or PT sesisons. You may ask a member of staff within FITISM to cancel but all responsibility still falls on the client to check these sessions have been changed, rescheduled or canclled as you wish. Our staff will do their very best to change and cancel sessions for you in the eventuallity of you going on holiday for example. However, our team can be incredibly busy with their main roles; training clients, making smoothies, prpearing classes etc. To help us overcome this we have developed an app with the ability for you as the client to change, reschedule and cancel sessions out of your own diary at any time. With that said please do not assume a session has been rescheduled or cancelled if you have asked a member of staff in FITISM. It is your responsibility to check your request has been actioned by checking your app. If your session is still in the diary then it is treated just like any other session and can not be removed at a later date.
Banking 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 3 month billing cycle (13 weeks). For example, if you have 2 prescheduled personal training sessions each week that equates to 26 personal training sessions you must use within the 13 weeks from the begining of your billing cycle. Any banked personal training sessions are zeroed every 28 days and can not be carried over into your next billing cycle. 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, the FITISM website or contacting FITISM directly.
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 gym.
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.
Freezing FITISM membership – FITISM 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 3 calendar months. For every additional freeze your membership is downgraded to a £15 per week membership.
Freezes can not be used to make up Personal Training sessions missed within your previous membership cycle. For example, if you have 6 sessions to make up 3 weeks before your billing cycle has ended 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 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.
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 resets their Direct Debit payment.
Freezes can be made in arrears if deadline is missed.
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 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 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.