Terms and Conditions

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE STARTING TO USE THIS WEBSITE. WE RECOMMEND YOU PRINT A COPY FOR FUTURE REFERENCE.

TERMS AND CONDITIONS OF USE

Your use of this website and the documents, files and other information available through it is subject to the following terms and conditions. It can be amended by us from time to time. By using our website you are confirming that you accept these terms and that you agree to comply with them. If you do not agree to these terms and conditions of use, you must not use this website.

 

All electronic links to any part of this site require our consent. Please email requests to info@powerhealthandfitness.co.uk. Where consent is not obtained we reserve the right to remove any link at any time. 

1.   GENERAL

1.1 References on this website and in these terms and conditions to:

 

1.2.1 “Power Health and Fitness” or ‘Power” or“we” or “our” or “us” shall mean Power Health and fitness and/or its affiliated undertakings;

 

1.2.2 “Classes” means any exercise class provided by us or on our behalf at any of our Facilities including bootcamp, as published on our website from time to time and ‘Class’ shall be construed accordingly;

 

1.2.3 “Class Rules” means the rules applicable to all users of our Classes as set out in clause 3 of these terms and conditions and as may be updated by us from time to time;

 

1.2.4 “Services” shall mean services available to you via this website, including the booking of Classes;

 

1.2.5 “Studio” means our facility, where we offer Classes, as published on our website from time to time; and

 

1.2.6 “You” or “your” shall mean the user of this website. If you are accessing or using this website in your capacity as an employee, director, officer, partner or agent of a corporate or unincorporated entity “you” and “your” shall refer to you and such entity. You represent that you are authorised to accept these terms and conditions on behalf of such entity and agree to be personally bound by these terms and conditions. You are also responsible for ensuring that all persons who has access to our website through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with.

1.3 If you are a consumer or business user, please note that we only provide our website for domestic and private use. You agree not to use this website for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

1.4 Whilst we endeavour to ensure that content on the website is accurate at the date of publication, no warranties or representations are given as to its accuracy, completeness, reliability, suitability or quality. Content may subsequently be superseded, and we give no guarantees that content will be updated after the date of publication. As such, we accept no responsibility for the accuracy, completeness, reliability, suitability or quality of any content on the website and to the fullest extent permissible by law. We exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it (whether express or implied) and all liability (save in respect of death or personal injury caused by negligence and for fraud) for any loss or damage caused by using or relying upon the content appearing on this website. In particular, we will not be liable to you or any third party for any indirect or consequential loss or damage. This will not include any financial loss, loss of profit, revenue or business, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation.

1.5 We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.

1.6 We are the owner or the licensee of all intellectual property rights in this website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The design and layout of this website are protected by copyright, database right, design rights and other similar laws and may not be copied or imitated in whole or in part.

1.7 The trade marks, logos and trade names displayed on the website (“Marks”) are the property of Power Health and Fitness. You are not permitted to download, copy, modify or use the Marks without our prior written consent.

1.8 We cannot guarantee that this website and its document delivery system will operate in accordance with your expectations or will be error free. If you are aware of any error on this website, please contact us by email at info@powerhealthandfitness.co.uk and we will endeavour to correct it.

 

1.9 We make no claims that any material contained on the website can be lawfully viewed or downloaded outside of the United Kingdom. Access to materials may not be legal by certain persons or in certain countries. If you are accessing the website from outside the United Kingdom you do so at your own risk and are responsible for compliance with laws in your jurisdiction.

 

1.10 It is our policy to virus check documents and files before they are posted on this website. However, we cannot guarantee that documents or files downloaded from this website will be free from viruses. Accordingly, for your own protection, you must use virus-checking software when using this website. We exclude to the fullest extent permitted by law, all liability (save in respect of death or personal injury caused by negligence and for fraud) in connection with (a) any damage or loss caused by errors, computer viruses, other malicious code or harmful components originating or contracted from the website (b) any interruptions in your access to the website.

1.11 You should only access this website using a computer linked to a secure network.

2.   LIABILITY

2.1       When we carry out any health assessments and exercise questionnaires we may identify possible problems with you taking part in exercise and recommend that you seek and obtain medical advice. We are not responsible if you ignore our recommendations and continue to exercise at any of our studios or classes.

2.2      By law, we do not have to pay you compensation for any service, facility or equipment not being available (including, by way of example only and without limitation, for reasons of health and safety, or if the unavailability is for the benefit of our clients generally) unless this was due to or caused by our negligence.

2.3       By law, we do not have to pay you compensation for loss or damage you may suffer unless such loss or damage is caused by our negligence or failure to comply with applicable law.

2.4         We will not pay you compensation if we have failed to carry out our duties due to:

- 2.4.1   Your own fault;

- 2.4.2   The fault of someone else who is outside of our control or who is not connected with providing our services under these terms and conditions; or - Events outside of our control or which we could not have known about prior to their occurrence even if we had taken all reasonable care.

2.5         We can make changes to the type of facilities we provide, and we will give you notice (where possible we will provide reasonable advance notice) of any such changes. We will not be liable for any loss or damage caused by these changes unless the loss or damage is caused by our negligence.

2.6       You must make sure that you can do the exercise provided by any exercise programme you follow or any class you go to. You must not participate in any Fitness Class if you are suffering from any serious medical condition, have recently undergone surgery, are pregnant or are under the influence of alcohol or drugs.

2.7       You should consult your doctor before you start any exercise, exercise programme or class you attend and/or if you are not sure whether it is suitable and/or if you have a pre-existing illness or medical condition.

 

2.8        We cannot accept liability for theft or for loss or damage to you or your guest’s property in the studio or parking bays unless that theft or loss or damage was caused by our negligence. It is your responsibility to ensure that your valuables are safe. Wherever possible, you should avoid bringing in valuables or large amounts of cash into the studio.

2.9.1       Nothing in these terms and conditions excludes or limits our liability for:

- 2.9.2  Death or personal injury caused by our negligence or that of our staff; or

- 2.9.3  Fraud or fraudulent misrepresentation; or

- 2.9.4 Any other liability which we cannot by law exclude or limit.

3.   REGISTRATION FOR CLASSES

3.1 In order to attend any Fitness Class you first have to register with us. You can apply to register with us by completing the Registration Form online.

 

 3.2 The details that you provide and confirm in the Registration Form must be complete and correct. You must confirm that you are 18 or over, that you are a “Consumer” and that you agree to these Terms and Conditions, including but not limited to the fitness, health and safety matters.

 

3.3 If you fulfil these criteria and we accept your application to register, we will confirm that to you by email.

3.4 You may book and attend a Fitness Class only once we have accepted your application to register. Our decision whether or not to accept your application to register is in our absolute discretion.

4.   CLASSES

4.1 £5 entitles you to attend one 30-minute Fitness Class. You can purchase a Class through the Website. All £5 payments can be used to

book all Fitness Classes except Boot camp.

4.2.1 You can book a class up to 7 days in advance.

4.2.2 We reserve the right to cancel a Fitness Class booked by you at any time prior to the scheduled Fitness Class start time.

4.2.3 Fitness Classes, prices and instructors are subject to change from time to time but we will try to give you as much prior notice as possible of any such changes.

 

4.3 Classes need to be cancelled 24 hours prior to class starting, otherwise payment will be

taken without refund.

 

4.4 No refunds and no extensions will be given for any expired Class payments. The payments do no not roll over onto the next class.

 

4.5 Class payments are none transferable to any other person and you should not allow anyone else to book Fitness Classes using your details or payments.

4.6 Subject to the Regulations, payments for Classes are non-refundable unless otherwise stated in these Terms & Conditions.

 

4.7 Places in any Fitness Class are allocated on a first-come-first-served basis and are subject to availability. We cannot guarantee places will be available in any particular Fitness Class, nor can we reserve a place for you in any Fitness Class unless and until booked by you

4.8 You may check availability and book a Fitness Class through our on-line booking system (which is managed by MINDBODY) via the Website.

 

4.9 If the Fitness Class you wish to attend is fully booked, we may add you to a waiting list. If a space in the relevant Fitness Class becomes available due to another person cancelling a booking, we will send an email to your nominated email address informing you that a space has become available in the relevant Fitness Class and asking you to confirm whether you wish to attend that Fitness Class. If you wish to participate in that Fitness Class, you can do so by responding to the email or booking the Fitness Class in the usual way and providing the adequate payment.

4.9.1 You will not be booked onto a Fitness Class unless and until your place is confirmed in our on-line booking system and payment. Only at that point will there be a binding contract between you and us in respect of that Fitness Class. We reserve the right to refuse to accept your booking onto any Fitness Class at our absolute discretion.

5.   PERSONAL TRAINING

These terms and conditions apply to your purchase of all personal trainer (Personal Trainer) sessions and/or consultations (Personal Training)

 

5.1 Payments, all payments for personal training need to be made up upfront before any sessions can commence.

 

5.2 All payments must be made in full, either in person or on-line.

 

5.3 If you purchase sessions in person you will receive a receipt for the amount of the sessions paid. If you purchase sessions online, you should retain a copy of this agreement, the terms and conditions and receipt for any payment made.

 

5.4 Purchase of the ten pack- sessions must be used in 4 months.

 

5.5 Purchase of the intro pack- sessions must be used within 1 month.

 

5.6 If your personal trainer fails to notify your session has been cancelled 24 hours prior to the sessions time, you are entitled to a free hour session.

 

5.7 We require a minimum of 24 hours’ prior notice of any cancellation of any Personal Training sessions. This can be made directly by calling the studio or by contacting your trainer directly. If you do not provide a minimum of 24 hours’ prior notice, you may lose that session and no refund will be made to you.

5.8 Any rearranged cancelled sessions will be at a time agreed between you and the Personal Trainer.

 

5.9 Enquires must be made before purchasing personal training in person or online due to limited availability.

6.   PERSONAL TRAINING DIRECT DEBIT

6.1 All direct debit Personal Training sessions must be used within the month to which they relate. Any sessions not used within the month will be lost without any refund and may not be carried over into the following months.

6.2 To make sure your direct debit starts by the 3rd day of the following month, you will need to complete this agreement online or to have signed and submitted the agreement in person, in either case by the 18th day of the current month.

 

6.3 There is a 3-month minimum commitment to all direct debit Personal Training purchase options. 3 full months must be completed before you will be entitled to cancel any sessions, or any refunded payments can be made.

 

6.4 If your personal trainer is more than 15 minutes late for your session, you are entitled to a complimentary session.

 

6.5 If you are late for your session, your session time will be reduced in accordance with the time remaining. If you are more than 20 minutes late, your trainer may choose to cancel the session, in which case no refund will be made.

6.6 All Personal Training pack options have a 90 day expiry, after which time any unused sessions will be lost and no refund will be made. This is to ensure we deliver all your required sessions to help you to achieve your personal goals.

6.7 You may extend Personal Training packs for between one month and 12 full calendar months for the following reasons only:

- Serious illness & Injury

- Pregnancy

- Redundancy

 

To extend the time limit on these packs we may ask for proof of the above.

6.8.1 For any medical reason you are unable to complete your sessions, you are entitled to ask for a refund for the remaining sessions. We may ask you to provide proof of any medical reasons effecting the completion of personal training sessions.

6.8.2 If your personal trainer leaves the studio you will not be entitled to a refund, instead your sessions can be transferred to another personal trainer.

7.   ONLINE COACHING

8.   BOOTCAMP

These terms and conditions apply to your purchase of online coaching.

 

7.1 All payments for online coaching need to be made up upfront before any sessions can commence via bank transfer.

 

7.2 All payments must be made in full.

 

7.3 When you purchase your Online Coaching package, you should retain a copy of this agreement, transactions of any payment made via bank statements and terms and conditions.

 

7.4 You must use all your sessions within 30 days from purchase.

  

7.5 If your personal trainer fails to notify your session has been cancelled 24 hours prior to the session time, you are entitled to a free Online Coaching session.

 

7.6 We require a minimum of 24 hours’ notice of any cancellations of your Online Coaching sessions. This can be made directly by contacting your trainer or emailing the studio. If you do not provide a minimum of 24 hours’ prior notice, you may lose that session and no refund will be made to you.

7.7 Any rearranged cancelled sessions will be at a time agreed between you and the Personal Trainer.

 

7.8 Enquiries must be made before purchasing Online coaching due to limited availability.

8.1 We reserve the right to cancel a Bootcamp Class booked by you at any time prior to the scheduled Bootcamp Class start time.

8.2 Bootcamp Classes, prices and instructors are subject to change from time to time but we will try to give you as much prior notice as possible of any such changes.

8.3 New Pay as you go clients must fill out a Par-Q prior to starting their first session.

 

8.4 You acknowledge that our Bootcamp Classes are physically strenuous and involve the use of exercise equipment. You agree and acknowledge that you are voluntary participating in such Fitness Classes with full knowledge and understanding of the strenuous and inherently risky nature. You further acknowledge that you fully understand and accept that there is a risk to you of personal injury or illness arising from your participation in such a Fitness Class.

8.5 Payment for Bootcamp Classes must be made prior to the 1-hour session starting.

8.6 12 Pack sessions at £72 must be used within 6 months, any sessions remaining after that date will be lost and no refund will be given.

8.7 In the unlikely event that you pay for a 'Pay as you go' session in advance and then cancel 24 hours before the session commences, you will be refunded. If you purchase the session and then cancel within 24 hours before the session starts then there will be no refund.

9.   RULES

9.1   You should arrive at least 5 minutes prior to the start time of a Fitness Class to allow for a prompt start. If you know you are going to be late for a Fitness Class, you should contact us to tell us as soon as you can before the scheduled Fitness Class start time.  If you arrive later than 5 minutes before a scheduled Fitness Class start time we may not permit you to participate in the Fitness Class for health and safety reasons and/or if we have given your place to another customer in accordance with clause 4.9

9.2 We do not permit you to Smoke anywhere on Our Premises;

 

9.3 Fire exits are clearly marked in Our Premises and are in the interests of safety. You must not obstruct these exits for any reason. In the event of a fire, you should make your way to the nearest available exit with all possible speed and assemble at the relevant assembly point so that we may take a roll-call of all those at Our Premises when the fire alarm sounded.

10.   CHANGES TO TERMS AND CONDITIONS

We may from time to time change these Terms and Conditions. Where the changes are of a minor nature, we will do so without giving you prior notice and we will use our reasonable endeavours to inform you as soon as is reasonably possible of any such change.

11.   HOW WE USE YOUR PERSONAL DATA

We will only use your personal information as set out in our Privacy Policy.

12.   COMPLAINTS

We always welcome feedback from you and, whilst we always use all reasonable endeavours to ensure that your experience as our customer is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about our Fitness Classes or any other complaint about us or any of our staff, please raise the matter with Callum White and/or Tom Lamb who can be contacted at Our studio or via email at info@powerhealthandfitness.co.uk.

13.   SUBSCRIPTIONS

Contracting Party

Your subscription contract will be fulfilled by power health and fitness. When the subscription contract is formed. When you click "Subscribe" to submit your subscription on-line us with you are making an offer to take out a subscription which if accepted by us, will result in a binding contract. When subscribing on-line, when you click "Subscribe" you will receive an email if you have supplied your email address acknowledging that your subscription

has been received successfully. A legally binding contract is formed on the date you subscribe. We reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorisation by your payment card issuer. If we do not accept your order and your credit/debit card has already been debited, we will notify you and refund your card in full immediately.

1. Frequency

The frequency of the recipe book issues will be 1 per month.

 

2. Limited Liability

We reserve the sole right to either modify or discontinue the recipe book, at any time with or without notice to you. We will not be liable to you or any

third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use. We reserve the sole right to unsubscribe users / visitors from or recipe book service, without notice. We will do so with any subscriber we deem registered with fake data.

 

3. Privacy policy

We will not communicate / spread / publish or otherwise give away your details. You'll be able to change your subscription settings or to delete it all

together after a 6 month period.

 

4. Renewals and Cancellations

Your Subscription will automatically renew for the same Subscription period (e.g. weekly/monthly/annually). Upon renewal, we will charge the current

Subscription price using the same card or other payment method that you previously used. Where a minimum term of 6 months is advertised cancellations are not permitted until the end of this initial period and we will not issue you a refund.

 

5. Credit Card Payment

If you are under 18 or are not using your own credit/debit card to pay for the subscription, you must ask the permission of the credit/debit card holder

before entering the payment details. By clicking "Submit"; you are confirming that you have obtained the express prior permission of the credit/debit card holder.

 

6. Price Information

Prices displayed on the subscriptions section of the website will prevail at all times in relation to subscription placed on-line. Prices quoted on screen

include taxes (where applicable) and state the payment method. If you make ongoing Direct Debit payments or continuous credit card payments we reserve the right to increase our prices at any time after the first 6 months of your subscription has elapsed and will notify you in writing with 10 days notice of any such price increase. Although we try to ensure that all prices are accurate, errors may occur. If we discover an error in the price of your order, we will inform you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid.

 

7. Credit Card Payment

If you are under 18 or are not using your own credit/debit card to pay for the subscription, you must ask the permission of the credit/debit card holder

before entering the payment details. By clicking "Submit"; you are confirming that you have obtained the express prior permission of the credit/debit card holder.

8. Third Party Rights

A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them.

9. Unauthorised access to personal information

Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular credit/debit card details) you transmit when you place an order. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use offers are subject to separate terms and conditions. 

10. Queries

If you have any queries or comments about your subscription please contact our Team:

info@powerhealthandfitness.co.uk or 01943 884488

14.   Power Outdoor 1-1 Session Policy

 

With coronavirus (COVID-19) becoming a growing concern we wanted to keep you in the loop of steps we’re taking at Power. We are continuously monitoring developments and are following the advice and guidance of Public Health England.

 

Proactive Steps: Cleaning/Sanitising for Outdoor 1-1 sessions.

 

1. We sanitise ALL equipment before and after it has been used to ensure there is no cross contamination.

 

2. We will use antibacterial spray on every piece of equipment used and after every session as a matter of routine.

 

3 .Ensuring clients are bringing and using their own towel and hand sanitiser.

 

4. Clients will be encouraged to bring their own form of PPE.

 

5. Clients will have a strict 2m radius area where no one is allowed to enter.

 

6. Clients will be prompted to leave their sessions ASAP, again to avoid any further cross contamination. 

 

7. Nothing will be passed to and from trainers and their clients for example: water bottles, towels, valuables etc.

 

8. Encouraging clients to use their bathrooms at home so they don’t need access to the studio, as it is off limits.

 

We are following government guidelines closely and we highly recommend that you do the same. You can find the most up to date information here: https://www.gov.uk/

 

In the event that one of our clients' contracts or are believed to have contracted COVID-19, we will contact all clients who may have come into contact, either directly or indirectly with that individual. We are continuously monitoring developments in respect of COVID-19, and are following the advice and guidance of Public Health England.

15.   Power Outdoor Classes Policy

.1 £7.50 entitles you to attend one 30-minute Outdoor Fitness Class. You can purchase a Class through the Website. All £7.505 payments can be used to book all Outdoor Fitness Classes except Boot camp.

4.2.1 You can book a class up to 28 days in advance.

4.2.2 We reserve the right to cancel a Outdoor Fitness Class booked by you at any time prior to the scheduled Fitness Class start time.

4.2.3 Outdoor Fitness Classes, prices and instructors are subject to change from time to time but we will try to give you as much prior notice as possible of any such changes.

 

4.3 Outdoor Classes need to be cancelled 12 hours prior to class starting, otherwise payment will be taken without refund.

 

4.4 No refunds and no extensions will be given for any expired Class payments. The payments do no not roll over onto the next class.

 

4.5 Outdoor Class payments are none transferable to any other person and you should not allow anyone else to book Fitness Classes using your details or payments.

4.6 Subject to the Regulations, payments for Classes are non-refundable unless otherwise stated in these Terms & Conditions.

 

4.7 Places in any Outdoor Fitness Class are allocated on a first-come-first-served basis and are subject to availability. We cannot guarantee places will be available in any particular Fitness Class, nor can we reserve a place for you in any Fitness Class unless and until booked by you

4.8 You may check availability and book a Outdoor Fitness Class through our on-line booking system (which is managed by MINDBODY) via the Website.

 

4.9 If the Outdoor Fitness Class you wish to attend is fully booked, we may add you to a waiting list. If a space in the relevant Fitness Class becomes available due to another person cancelling a booking, we will send an email to your nominated email address informing you that a space has become

available in the relevant Fitness Class and asking you to confirm whether you wish to attend that Fitness Class. If you wish to participate in that Fitness Class, you can do so by responding to the email or booking the Fitness Class in the usual way and providing the adequate payment.

4.9.1 You will not be booked onto a Outdoor Fitness Class unless and until your place is confirmed in our on-line booking system and payment. Only at that point will there be a binding contract between you and us in respect of that Fitness Class. We reserve the right to refuse to accept your booking

onto any Fitness Class at our absolute discretion.