Terms & Conditions for Fit for a Princess Ltd
Welcome to the small print! We have tried to make it as clear as possible for you and have split it into three parts:
1.1. Use of the Company Site
The Company Site is provided to you for your personal use subject to these Terms and Conditions. By using the Company Site you agree to be bound by these Terms and Conditions. References to these Terms and Conditions include the Terms of Purchase of training, merchandise and soft products.
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Company Site. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Company Site. The changes will apply to the use of the Company Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Company Site. If you continue to use the Company Site after the date on which the change comes into effect, your use of the Company Site indicates your agreement to be bound by the new Terms and Conditions.
1.3 Intellectual property
The content of the Company Site and all e-books and materials sold via the Company Site is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the Company Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Company Site or for sale from the Company Site without written permission from the Company.
1.4 The Company’s liability
1.4.1 The Company Site provides content from other Internet sites or resources and while the Company tries to ensure that material included on the Company Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
1.4.2 If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our liability shall not in any event include indirect or consequential loss, business losses such as lost data, lost profits or business interruption.
1.4.3 This clause 8 shall not limit or affect our liability resulting from any products or services sold through the Company Site being found to be unsafe or if something we do negligently causes death or personal injury. The Company shall not be liable to you for any indirect or consequential loss or damage including loss of earnings arising out of your participation in the sessions nor for an aggregate amount greater than the fee paid for the sessions.
1.4.4 You acknowledge that certain elements of the training sessions can be physically demanding and you are aware of the nature of the sessions and the associated risks involved. As a condition of your enrolment, you agree that you are physically capable of participating in the sessions and accept full and complete responsibility for your own participation in the sessions. You agree that should any medical or physical condition arise prior to or during a session which is likely to affect your ability to participate in a session you will not attend / will withdraw from the session. Without limiting the foregoing, before taking part in any sessions you must complete a PAR Q fitness questionnaire either online or hardcopy that all our trainers carry with them.
1.4.5 However by purchasing a pass or direct debit, you automatically agree that you answer NO to the PAR Q fitness questions outlined below. If your answer is YES to any of the questions, you MUST seek approval from your doctor and email firstname.lastname@example.org when done so. IF YOU ARE PREGNANT OR HAVE JUST HAD A BABY, BY SIGNING UP FOR A DIRECT DEBIT OR PURCHASING A PASS, YOU AGREE THAT YOUR DOCTOR OR MIDWIFE HAS AGREED IT IS FINE FOR YOU TO TAKE PART IN GROUP OUTDOOR EXERCISE AND YOU DO SO AT YOUR OWN RISK
Fit for a Princess PAR-Q
1. Has your Doctor ever said you have a heart condition and you should only do physical activity recommended by a doctor?
2. Do you feel pain in your chest when you do physical activity?
3. In the past month have you had chest pain when you were not doing physical activity?
4. Do you lose your balance because of dizziness or do you ever lose consciousness?
5. Do you suffer with any bone or joint pain/discomfort?
6. Is your Doctor currently prescribing drugs for blood pressure or heart condition?
7. Are you pregnant or have been pregnant in the last three months?
8. Do you know of any other reason why you shouldn’t take part in physical activity?
1.4.6 You agree and acknowledge that, if required, it is your obligation to take out personal accident and personal items insurance and that it is your responsibility to store any valuables in a safe place when attending outdoor training sessions.
1.5 Third Party Websites
As a convenience to customers, the Company Site includes links to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
1.6 Advertising and Sponsorship
Part of the Company Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Company Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
1.7 Applicable Law
These terms and conditions and any non-contractual obligations will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
1.8 International Use
We make no promise that materials on the Company Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Company Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
1.9.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
1.9.2 If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
1.9.4 The Company Site is owned and operated by Fit for a Princess Ltd, Company Registration No. 05095123, registered office: Tunstall Stables, The Street, Tunstall, Kent. VAT No. 920103682
1.9.5 If you have any queries please contact email@example.com or write to: Fit for a Princess Ltd at the above address.
1.9.6 From time to time, we may take photographs of our classes. By buying a pass or bootcamp and / or signing up for a Direct Debit, you agree to your photograph being taken. We also reserve the right to use these images for our website and promotional material.
1.9.7 Please note that our pricing system is structured to include a reduced timetable over Christmas and Easter holiday period.
Last update: 5th August 2013
These terms relate to the paid-for services supplied to you through the Company Site such as passes, boot camps, personal training, merchandise and e-books (the “Service”) and should be read in conjunction with the General Terms & Conditions which also apply.
2.1 Prices and Payment
2.1.1 Your order is an offer to purchase services or merchandise from us. The Service will be made available to you once your payment has been authorised. There will be no contract of any kind between you and us until you make authorised payment for the Service and you receive the order confirmation from us. At any point up until then, we may decline to supply the Service to you without giving any reason.
2.1.2 The prices for the Service are calculated and payable in advance as set out at the on-line store page of the Company Site. The Company shall be under no obligation to provide the Service until the price has been paid.
2.1.3 All prices expressed exclude VAT (we are not a VAT registered company).
2.1.4 Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order. The cost of your shopping includes a 2% transaction fee that is payable to PayPal.
2.2 Using the Service
2.2.1 Training classes and boot camps
Depending on the pass or service you have purchased, the Company will provide training classes, boot camps or personal training sessions. The following membership schemes are available:
2.2.2 Pre-purchase seasonal passes:
a) These entitle you to the classes specified in the relevant description of the pass and must be pre-purchased. Personal Training sessions are not included and need to be paid in advance of session starting.
b) You will be emailed a notification of booking once we have received payment. There are no physical passes – you fill out a register at each class. Passes are valid for the term(s) stated only and unused sessions CANNOT be carried over to the next term.
c) Passes can be used across all venues (excluding franchise venues). You do NOT have to let us know which workouts you are coming to. Your pass excludes boot camps (although you may be entitled to a discount).
d) We do not operate a refund policy except in accordance with clause 3.4 below and passes are non transferable. All clients must fill out and sign a booking form with a Fitness questionnaire AND client disclaimer form.
2.2.3 E-books and videos:
a) The catalogue of e-books and videos available is set out on the Company Site on the E-Princess page.
b) All e-books and videos must be paid for in advance, using the on-line payment facility.
a) We list availability information for merchandise sold by us on the Company Site, including on each product information page. Beyond what we say on that page or otherwise on the Company Site, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable. Delivery of merchandise will be made to the address specified by you on the completed order form.
b) We will deliver your order to the main entrance of the delivery address. Please note; additional delivery costs may be required for addresses outside the United Kingdom.
2.3 Returns and cancellation policy
a) We hope you will be happy with your purchase. However, should you feel it necessary to return it; you may cancel the contract for its purchase by contacting firstname.lastname@example.org within seven working days of delivery of the items to you. You should then return the relevant item to us in secure packaging Tunstall Stables, The Street Tunstall, Kent, ME9 8DX
b) You will be responsible for the cost of returning any item to us unless the item is defective or we have delivered the item to you in error or as a substitute. The item should be returned to us in its original condition. If we do not receive the item back from you we may arrange for collection of the item from you at your cost.
c) When we receive notice of cancellation of your contract for any item, we will refund the price paid by you for that item or at your request if the item is defective will repair the item or supply you with a replacement item. We will not refund the delivery charge for sending the item to you unless you are returning an entire order.
2.3.2 Training and classes:
Once you have paid for the classes or training and you have started either of them, you are not able to cancel or transfer your purchase except in accordance with your cancellation rights under direct debit membership schemes, if applicable. If your training has not started, you may cancel your contract within 7 working days after the date of your order confirmation and we will reimburse the purchase price within 30 days of the date of cancellation. We have a 24 hour cancellation policy for Personal Training both ways between client and trainer. This means if you cancel your PT session within 24 hours, you will be charged. If our trainers cancel you within 24 hours, they will owe you a session.
2.3.3 E-books and videos:
Due to the digital nature of the e-books and videos, no automatic right of refund or cancellation exists after an e-book or video has been purchased by you in accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000.This does not affect your statutory rights.
Your access to the Service may be terminated by written notice if you are in material breach of this agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe your breach of these Terms & Conditions affects our lawful operation of the Service or third party customers we may suspend your access to the Service at any time.
2.5 Our assurance to you
2.5.1 The Company warrants that it has the right to provide the Service and will use all reasonable skill and care in making the Service available to you and in ensuring its availability.
2.5.2 The Company is continually seeking to improve the Service. The Company reserves the right, at its discretion, to make changes to any part of the Service provided that it does not materially reduce their content or functionality
These terms apply to all of members joining monthly Direct Debit membership packages.
3.1.1 Your membership will start from the day you sign up with our Direct Debit partner GoCardless.
3.1.2 There is a minimum of 2 months membership
3.1.3 Your membership will continue automatically unless you terminate your membership, in line with section 3.6 below.
3.1.4 We will try to process your membership promptly, but do not guarantee that it will be activated by any specified time. By submitting your registration details to our partner GoCardless, you are making an offer to us to buy a monthly Direct Debit pass. Your offer will only be accepted by us and a contract formed when our partner GoCardless have successfully verified your payment details, the ParQ Fitness questionnaire is submitted and we have your email address and physical address. You will be emailed a notification from GoCardless confirming your registration. We reserve the right to reject any offer in our discretion, for any or no reason. You will then be entitled to attend classes. There are no physical passes – you fill out a register at each class.
3.1.5 Direct Debit Pass does not include: personal training sessions and boot camps (although you will be entitled to a discount which will be displayed on-line at the time of the boot camp and you need to pay for your boot camp via the online shop)
3.1.6 There is one type of Direct Debit membership option:
TIARA Direct Debit
£55 per month for unlimited classes
For clarifacation: This gives you access to unlimited classes 7 days a week across our SW London venues
3.2 Access to Fit for a Princess classes
We currently permit members to attend classes at any SW LONDON venues but this EXCLUDES our franchise venues in Tunbridge / Sevenoaks and Primrose Hill. At every class you attend, please put your full name and Direct Debit option onto the trainer’s register.
3.3 Class timetables
We change our timetable as little as possible and we will endeavour to give clients 28 days notice of any timetable changes giving you enough time to cancel your membership for the following month. Occasionally we may need to make temporary changes to our class timetable, for example if a trainer was suddenly ill / on holiday, or there was an event on the common that meant we were unable to hold a class. Where possible we will notify you of this via email and our website. However we do reserve the right to change the timetable at anytime.
3.4.1 Payment details when you subscribe you must provide our partner GoCardless with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a pass using those payment details. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your subscription and may in suspicious circumstances contact the issuing bank and/or law enforcement authorities/other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you. If you buy a subscription using a corporate credit card than we will treat your subscription or temporary access pass as being for the benefit of both you and the relevant company.
3.4.2 Pricing: the subscription price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you take out your subscription. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price (see Section 3.6).
3.4.3 Pricing errors: if we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription or temporary access pass and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
3.5 Membership fees
3.5.1 Joining fee
We do not charge our clients a joining fee, however if you cancel and want to rejoin within a three month period a reinstate fee of £25 will apply. Any reinstate fees will be taken immediately upon reregistering.
3.5.2 Pro-rata membership fees
You will pay your first month’s pro-rated membership fee immediately upon registering with our partner GoCardless.
3.5.3 Monthly membership fees
Monthly membership fees are paid in advance by Direct Debit. This will be taken from your bank account on the first business day of every month.
3.5.4 Missing membership fee payments
If you do not pay your membership fee on time, we or our processing agent will e-mail to tell you. We will continue to attempt to collect your subscription by Direct Debit. You may be charged a one-off non-payment fee of £15 for this. In addition we may charge you up to £30 if we refer your arrears to a debt collection agency. Until your fees are successfully collected and your account brought back up to date your membership will be suspended and you will be unable to attend classes.
3.5.5 Fee changes
We will give you at least thirty day’s notice of any changes in our fees by email.
3.6 Your right to cancel your membership
3.6.1 Should you wish to cancel your membership you must notify us by the 5th of the month via email – email@example.com. Your membership will end on the last day of that month
3.6.2 Notices received after 17.30 will be deemed to have been received on the next working day. You are responsible for ensuring that we have received your written notice.
3.6.3 For clarification: All direct debits come out on the 1st business day of the month, if your direct debit came out on the 1st March for your March classes, you would need to let us know in writing by the 5th March that you do not require a membership from the 1st April and no payment would be taken. Your last payment date would be the 1st March.
3.6.4 If you miss that cut off, you will be required to pay the following month. Failure to make that payment will result in Fit for a Princess seeking to retrieve those funds.
3.6.5 You can notify us of your wish to cancel your subscription by contacting firstname.lastname@example.org. If you do not get a response within 48 hours, please email again or call 020 879 6114. WE WILL ALWAYS CONFIRM THAT WE HAVE RECEIVED YOUR EMAIL.
3.7 Our right to cancel your membership
3.7.1 We may cancel your membership immediately if you:
a) Break these terms and conditions
b) Put the health, safety or wellbeing of other members or our employees at risk
c) Allow other people to use your membership to attend classes