TERMS & CONDITIONS 1.1
These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be bound by them.
A. “Class” means a facility owned and operated by Coach Debs Fitness.
B. “Class Rules” means the rules and regulations governing the use of a Coach Debs Fitness Results Class.
C. “My Company” “us” “we” and “our” means Coach Debs Fitnes
D. "Member" "you" and "your" means on-going card payers, standing order, annual and daily prepaid members.
E. "PAR Questionnaire” & 'PARQ' –means the physical activity readiness questionnaire completed by you online.
MEMBERSHIP
Membership options
A. Pay‑As‑You‑Go bookings must be made at least 12 hours before a class or session with Coach Debs Fitness. Cancellations made within 2 hours of the start time are non‑transferable and the payment cannot be moved to another class. If a class or session is cancelled with more than 2 hours’ notice, the payment can be transferred to a future class. The replacement class must be taken within 14 days of the cancellation.
B. Block Bookings - again, bookings to be made 12 hours before a class or session with Coach Debs Fitness. Cancellations made within 2 hours of the start time are non‑transferable and the payment cannot be moved to another class. If a class or session is cancelled with more than 2 hours’ notice, the payment can be transferred to a future class. The replacement class must be taken within 14 days of the cancellation.
Your Membership
A. You must be over the age of 16 to become a Coach Debs Fitness member.
B. You must complete the PAR Questionnaire (PARQ) before you start using your membership and by completing the PAR Questionnaire (PARQ) warrant to us that you have no known condition or are undergoing any treatment that would prevent you from being capable of physical exercise in all material respects.
C. On entry into this Membership Agreement and every time you enter a Coach Debs Fitness Results Class during your membership, you warrant and represent to Coach Debs Fitness that you have no medical conditions known to you that would mean that you are not capable of all forms of exercise and that such exercise will not be detrimental to your health. If in doubt, it is your sole responsibility to consult a medical practitioner or to not go to any classes/tell an instructor/cancel your membership.
D. You will register as attended before you enter a class.
E. Your membership allows you to access any Coach Debs Fitness Results class subject to availability, in accordance with the type of membership option that you have selected as set out above.
F. Your membership applies to you personally: you cannot lend, assign or transfer it to another person.
G. We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
H. We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you.
PAYMENT OF FEES
A. By joining up to our classes online, in person or over the phone, you are agreeing to be bound by these Terms and Conditions; you agree to pay all Coach Debs Fitness Results membership and other fees on time.
B. Depending on the package, there maybe a setup fee. This setup fee will be displayed on the website and is non-refundable.
C. In addition to the setup fee and the membership fees, we may also charge fees for personal training and any other services Coach Debs Fitness Results may provide from time to time. The fees may vary between Classes.
D. Paying extra add on by card: When adding an Optional Extra to your membership, access is instant, and therefore a pro rata payment will be payable immediately by the card registered on your account to cover the time period between the date you add the package, to your next payment date.
G. Your membership fees are subject to periodic increases and we reserve the right to pass on any changes in the rate of VAT to you. Fees will normally be reviewed on an annual basis but circumstances may dictate an earlier revision. You will normally be given one months-notice of any fee change. Membership dues for prepaid annual memberships will be reviewed only on renewal.
H. All payments made are non-refundable under any circumstances, except in relation to any cooling off periods.
I. Freezing Period: Members can apply for a freezing period due to change in physical ability, pregnancy or loss of job. Each application will be looked on an individual case. This should be done in writing to head office (debs@coachdebs.co.uk)
FACILITIES AND SERVICES
A. In order to gain access to our classes you must book in on the website or via existing WhatsApp Group.
B. Class hours and location venue are subject to change and we will normally provide 2week’s written/emailed notice where reasonably practicable. A Christmas break will apply to all classes.
CLASS AND WEBSITE USAGE RULES
A.The tools and information on the Coach Debs Fitness site are intended as guidance to exercise journes, regardless of the starting points.
B.If you suffer from, or think you may suffer from, a medical condition you should consult your doctor before starting a weight loss and/or exercise regime. If you decide to start exercising after a period of relative inactivity you should start very slowly and consult your doctor if you experience any discomfort, distress or any other symptoms. If you feel any discomfort or pain when you exercise, do not continue.
C.The tools and information on the Coach Debs Fitness site are not intended for women who are pregnant or breast-feeding, or for any person under the age of 16.
D.If you suffer from any food allergy, it is your responsibility to check the ingredients of food items, if any specific food types are mentioned on Coach Debs Fitness website.
E.Coach Debs Fitness uses information provided by manufacturers, producers and retailers and does not recommend or warranty any claims made for any product.
CLASS USAGE RULES
A. We may cancel or suspend your membership without notice if you break these rules.
i. You must wear appropriate clothes and shoes to the classes. i.e. No jeans or flipflops are permitted.
ii. You must not put the health, safety or wellbeing of other members or our Coach Debs Fitness Instructors at risk.
iii. Allow other people to use your membership to attend classes.
iv. You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other class members or Coach Debs Fitness Instructors.
B. We may refuse admission to or ask you to leave the relevant class if Coach Debs Fitness reasonably believe that you have broken any section of this paragraph. No refund will be given if you are asked to leave a class in such circumstances.
C. We are not legally responsible for any possessions you lose or that are damaged or stolen at the venue by anyone unless we have been negligent.
D. If you have an accident or injure yourself at one of our classes you must report this to the instructor straight away.
WEBSITE USAGE RULES
A. We may cancel or suspend your membership without notice if you break these rules
i. Allow other people to use your Login to view your profile and other members information.
ii. You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other members or Coach Debs Fitness employees.
DATA COLLECTION
A. In the course of your membership, Coach Debs Fitness may collect certain personal information about you including personal details, financial details and information about your health. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications via the website. You have the duty to keep your personal information up to date and to inform us of any significant changes.
B. Please contact the management if you have any questions or concerns about how Coach Debs Fitness will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
C. We reserve the right to take photographs/film of our classes (which may include you, provided your inclusion is incidental) for press and promotional purposes.
D. As a member of Coach Debs Fitness, you acknowledge that you have read and understand the provisions of the Privacy Policy and that you agree that Coach Debs Fitness may collect, use, process and disclose your personal information as described.
CANCELLATION BY YOU
Cancellation of your membership:
You can cancel your membership anytime within the first 14 days from the day of registration. After that you may cancel your membership with one months’ notice from your last payment day, ie one more payment will come out. This should be done by written confirmation to head office and no further payments will be taken. If you cancel your payments and don't pay your final months payment after your written notice, we will automatically take it from your card. If the payment is declined we will not allow you back to classes without you paying for that month. I
Cancellation by us:
A. We may cancel your membership without notice if you commit a material breach of this agreement including, but not limited to, a breach of the Class Rules, abuse or threatening behaviour or vandalism or other illegal activity.
B. We may cancel your membership with immediate effect if:
i. you have breached any terms and conditions of this agreement; or
ii. membership fees or other charges remain unpaid 7 days after the due date and such a breach is not remedied by you within seven days, after being notified by us.
C. We may cancel your membership with immediate effect if your Class permanently ceases operation, In these circumstances, we will consider providing a pro rata refund for membership fees already paid in respect of any period after the cancellation date.
SUSPENSION
Suspension of your membership:
You may suspend your membership for a month with one months’ notice from your payment day, ie one more payment will come out and your next one will be suspended. This should be done by written confirmation to head office (debs@coachdebs.co.uk) and no payment will be taken for a month. Unless you have confirmation in writing from head office, you won't have access to the classes during the month of suspension.
FORCE MAJEURE
A. For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of Coach Debs Fitness including but not limited to strikes, lock-outs or other industrial disputes (whether involving My Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
B. Coach Debs Fitness shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
C. If the Force Majeure Event prevents Coach Debs Fitness from providing any of the services for more than 90 days, Coach Debs Fitness may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you.
GENERAL
A. Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
B. Where a provision of this agreement is deemed to be invalid or unenforceable by any Scottish or English Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
C. We may assign or transfer the benefit of this agreement our obligations under it, to any other legal entity at any time without notice to you.
D. All and any Intellectual Property Rights in or arising out of or in connection with the services provided or in relation to this agreement shall be owned by Coach Debs Fitness.
E. Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
F. Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
G. This agreement shall be governed by Scottish & English law and the Scottish & English courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it.