Terms & Conditions

 
 

Terms & Conditions

Please read carefully the following Terms of Use, which may be updated by Fit Missions from time to time by Fit Missions (these “Terms”). These Terms define your and Fit Missions’s rights and obligations. The most current version of these Terms can be accessed at any time at www.Fit Missions.com (the “Site”). Changes to these Terms will be notified via posting on the Site (or other written notice to you).

ACCEPTANCE OF TERMS OF USE

By accessing, browsing, and/or using the Site and/or any facility operated by Fit Missions (the “Studio”), you accept and agree to be bound to these Terms. In addition, when using particular Fit Missions 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.

FIT MISSIONS MEMBERSHIP GENERAL TERMS

Fit Missions Membership is a no-contract recurring payment that allows the user to access the Fit Missions studio. Membership can be cancelled at any time with 30 days’ notice. Fit Missions Membership is to be used by the holder only and cannot be shared.

Fit Missions Drop In Terms

Drop in sessions available with a one-off payment. Available to non-members and members. Drop-in classes booked and not attended are charged at the full rate.

Fit Missions Personal Training Packs

Fit Missions Personal Training clients receive the number of Personal Training sessions commensurate with the Pack purchased. Such sessions may be redeemed until such time that the Pack is exhausted whether through consumption or expiry. Personal Training Sessions are non-transferable. Fit Missions makes no guarantee on the availability of Personal Training Sessions as access is on a space-available basis. Each Pack’s expiry date is stated at the point of sale through the Fit Missions app or our online booking system. Sessions cancelled within 24 hours of the start time and date will be charged in full. Sessions cancelled with more than 24 hours notice will be rearranged subject to availability with a Fit Missions Coach.

BILLING

Recurring Billing. By starting your Fit Missions Membership or Recurring Personal Training Pack, 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's notice. We will inform you by e-mail or other form of communication.

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 Fit Missions Membership you will continue to have access to the Studio through to the end of your paid period.

Payment Methods. Fit Missions Memberships must be paid via a valid Direct Debit, Standing Order or Autopay. Payment may be made via an alternative method up front in advance for periods in excess of six months. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your 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.

It is the Membership owner’s responsibility to terminate their own billing cycle by cancelling your Direct Debit or Standing Order. Please see "no refunds" policy.

TERMINATION BY Fit Missions

You agree that Fit Missions, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Fit Missions or use of the Site and/or Studio at any time. Fit Missions 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 Fit Missions will not be liable to you or any third party for any such termination, provided that, if Fit Missions terminates your account other than due to breach by you of these Terms, Fit Missions shall refund a pro-rata proportion of the fee paid for the Fit Missions Membership in which such termination takes effect. Fit Missions 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 Fit Missions may have at law.

PRIVACY

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

FIT MISSIONS STUDIO CONDUCT

By using the Site and the Studio you agree to:

-        Respect the Studio, its equipment, fixtures, fittings and services

-        Respect the Fit Missions staff

-        Respect other Fit Missions users and visitors

-        Refrain from harassment, offensive or fraudulent behaviour or activities of any kind

-        Impersonate any other Site user, Fit Missions member either in person or by accessing their account on the Site

-        Upload material including viruses or anything of a damaging nature to the Site or attempt to disrupt the Site (including App) or Studio in any way

-        Threaten, disrupt or attempt to bring into disrepute the name, brand or individuals associated with Fit Missions in any way.

PROHIBITED SITE USES

Those who choose to access the Site do so at their own initiative and are responsible for compliance with all applicable laws.

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.

The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

You much be 18 years of age or older to use this Site or to purchase a Fit Missions Membership.

ADDITIONAL TERMS

When using the Site and/or the Club, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time (the “FAQs”). All such FAQs are hereby incorporated by reference into these Terms.

OWNERSHIP; PROPRIETARY RIGHTS

The Site is owned and operated by Fit Missions Limited. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Fit Missions (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of Fit Missions and/or third-party licensors. All trademarks, service marks, and trade names used by us on the Site are proprietary to Fit Missions or its affiliates and/or third-party licensors. Except as expressly authorized by Fit Missions, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

The Site may include links to other web sites or services (“Linked Sites”) solely as a convenience to users. Fit Missions does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Fit Missions makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT FIT MISSIONS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

NOTICE

Notices will be sent to you at the email address that you provided to Fit Missions during the registration process. Notices may be sent to us at the email address: info@fitmissions.com. Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received. Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.

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 FIT MISSIONS 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.

UNLESS OTHERWISE EXPRESSLY STATED BY FIT MISSIONS, THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIT MISSIONS, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

UNLESS OTHERWISE EXPRESSLY STATED BY FIT MISSIONS, FIT MISSIONS ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (1) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (2) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

WAIVER

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

LIMITATION OF LIABILITY AND DAMAGES

Nothing in these terms (including BUT NOT LIMITED TO THE “DISCLAIMERS” ABOVE AND LIMITATIONS OF LIABILITY BELOW) is intended to exclude or limit any liability that we may have to you by operation of applicable law. This includes liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation. It is acknowledged however, that we accept no liability for THE NEGLIGENCE OF THIRD PARTIES. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FIT MISSIONS 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 CLUB OR THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH FIT MISSIONS, EVEN IF FIT MISSIONS OR A FIT MISSIONS 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, FIT MISSIONS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

DISPUTE RESOLUTION

Generally, if a dispute arises between Fit Missions and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Fit Missions 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 Fit Missions 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.

MISCELLANEOUS

Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement. This (including the documents referred to herein), is the entire agreement between you and Fit Missions relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Fit Missions as set forth in the Preamble to these Terms.

Disclosures. The services hereunder are offered by Fit Missions Limited, a limited liability company registered in England and Wales under company number 10104469, registered address 2 Farmer's Court, King Street, Bakewell DE45 1DZ. Any queries can be directed to info@fitmissions.com.