1. INTERPRETATION AND VARIATION
1.1 In the Terms and Conditions, the following definitions apply: ”Company” means My Fitness Boutique. ”Member” means any person that has completed and submitted the on-line registration form (the “Registration Form”) at My Fitness Boutique website, www.myfitnessboutique.co.uk and which registration has been accepted by the Company. ”MFB” means the fitness studios at My Fitness Boutique Limited, West Heath Yard, 174 Mill Lane, London, NW6 1TB. ”Terms and Conditions” means these terms and conditions.
1.2 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
1.3 The Terms and Conditions are incorporated into the Registration Form.
1.4 The Company reserves the right to vary and revoke the Terms and Conditions from time to time with which variation it may consider necessary or desirable for the regulation of the affairs of MFB and the conduct of Members. Any such changes will be notified to Members and, until revoked, are and will be binding on Members.
1.5 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2.1 Subject to these terms and conditions, when a person has completed the Registration Form he will become a Member of MFB.
2.2 Acceptance of a person as a Member is in the absolute discretion of the Company.
2.3 The Company reserves the right to expel from MFB, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of MFB or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of MFB. Any Member so expelled will forthwith cease to be a Member of MFB and will not be entitled to any refund for any period during which his membership is suspended.
2.4 If a Member brings a guest to MFB for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions.
2.5 Members must be 16 years of age or over.
3. MFB OPENING TIMES
Details of session times at My Fitness Boutique may vary from time to time. Session times will be published by My Fitness Boutique and will be available either at MFB or www.myfitnessboutique.co.uk
4. PAYMENT TERMS
4.1 Details of session prices, packages and gift certificate prices are available either at www.myfitnessboutique.co.uk or directly from MFB and will be such prices as determined by the Company from time to time.
4.2 A Member may not attend any session at MFB without first booking and paying for the relevant session either on-line or in person at the studio.
4.3 Payments for sessions in any amount are non-refundable unless otherwise stated in the Terms and Conditions. 4.4 Clients must keep an active credit or debit card on file so that any late cancellation and no show fees can be recouped in line with cancellation policy.
5. BOOKINGS AND CANCELLATIONS
5.1 A Member may only book or reschedule sessions for themselves by accessing their MFB account using the MindBody App.
5.2 Cancellation Policy: Late cancels lose the price of a class if paying per class or are charged an £20 late cancellation fee (monthly membership). Classes: Reservations for classes can be cancelled on-line with no charge up to 6 hours prior to the beginning of class. Failure to do so will result in credits being lost. Private Sessions: Reservations for Private Sessions with MFB personal trainers can be cancelled on-line with no charge up to 12 hours prior to the beginning of session.
5.3 Sessions are booked on a first-come first-served basis. If a Member is added to class from a wait list, he needs to confirm your reservation 3 hours prior to the start of class. How the waitlist works is listed below. Each time you are added to a class from the waitlist you will receive an automatic Waitlist Notification email. Once you receive the notification, just log into your schedule to confirm online at www.myfitnessboutique.co.uk. Once a class is confirmed you will be held to the cancellation policy for that class.
5.4 All MFB packages and promotions have expiry dates at the date of purchase. The expiry time period commences from the date of the first class attended by the Member.
5.5 Bookings also made through www.myfitnessboutique.co.uk or the MindBody App have the same cancellation policy notified in all of section 5 of the terms and conditions.
5.6 Member’s are asked to arrive at MFB 10 minutes prior to any fitness, treatment or appointments. We reserve the right to refuse to re-book an appointment for you if you repeatedly cancel (with less than 12 hours notice) or fail to keep an appointment for services or treatments. Failure to keep a booked appointment may lead to that time slot given away to other members.
5.7 Refunds are at the sole discretion of My Fitness Boutique Limited and will only be granted in exceptional circumstances.
5.8 No refunds are available on completed sessions. If a refund is requested on a block purchase, the Consumer will be charged the cost of an individual session or class for each completed session, and refunded any outstanding balance.
5.9 Class packs valid from the date of attending the first class or session for the time period given on the MFB Pricing page at the time of purchase. These times are subject to change by MFB.
5.10 Class Packs or private sessions must be used within a certain period. Any Class Packs or private sessions not used within the relevant period will expire and will not be available for use. Details of expiry periods for different Class Packs and bundles of Class Packs are set out on our Website in the Pricing section. No refunds and no extensions will be given for any expired Class Packs or private sessions.
5.11 Places in any MFB fitness class(es) are allocated on a first-come-first-served basis and are subject to availability. The Company cannot guarantee places will be available in any particular Fitness Class, nor can we reserve a place for you in any MFB fitness class unless and until booked by you. Classes and appointments may only be reserved up to 7 days in advance.
5.12 The Company reserves the right to cancel classes and private sessions to suit the needs of the business. Any such cancelled sessions if booked will have their class or private session token reinstated and free to use until the pack expires or sessions have run out.
5.13 Once Private sessions have been used up or have expired, renewal is at sole discretion with the studio, dependent on availability. The studio will not book sessions, or hold sessions for a member or potential member for more than 7 days.
5.14 Private sessions are only offered on a one to one basis during the duration of the session and cannot be shared.
6. FITNESS AND HEALTH
6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at MFB. In advance of commencing their first class, Members will need to complete a Physical Activity Readiness Questionnaire.
6.2 It is the Member’s sole responsibility to notify MFB before attending any session of any circumstances affecting their health which may be exacerbated through continued use of MFB and/or which may have arisen or worsened since their last session at MFB (if any).
6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his/her doctor.
6.4 MFB reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities.
6.5 Members are required to follow the instructions of the instructor at all times.
7. LIMITATION OF LIABILITY
7.1 The information available on www.myfitnessboutique.co.uk or at the My Fitness Boutique Limited studio do not constitute medical advice and it is the Member’s responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. Before commencing any exercise regime, you should consult your doctor. It is also vital that you supply us with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on this website (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this web site or provided through any Service supplied by us to you. You, your legal representatives and your heirs release waive, discharge and covenant, not to sue My Fitness Boutique Limited and its instructors for any injury or death caused by their negligence or other acts. Any client questions or complaints please email [email protected]
7.2 The Company cannot be held responsible for any particular session, instructor and/or item of equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities (e.g. bathrooms), provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
7.3 It is the Member’s responsibility to ensure that he is capable of undergoing a routine of exercises provided by any programme which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.
7.4 The Company accepts no liability for loss or damage to property of Members or for injury to Members on MFB premises or outside MFB except insofar as such loss, damage or injury is by law incapable of exclusion.
7.5 In consideration of their participation in the activities and programmes of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries or damages resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities save in respect of death or personal injury caused by the negligent act or omission of the Company.
8. USE OF FACILITIES
8.1 A Member is entitled to use MFB’s facilities provided always that MFB may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of MFB or the Company.
8.2 Children under the age of 16 may not visit MFB unless arranged and agreed in advance with My Fitness Boutique Management.
8.3 Members are required to use the studio only once a session is booked online or in person. All other times the studio reserves the right to not allow members on the premises.
9. PERSONAL BELONGINGS
Personal belongings are brought onto MFB premises at the Member’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
10. DRESS Members are requested to wear a form of dress appropriate to the practice of fitness activities and My Fitness Boutique, Members must wear gym clothing and sports trainers. Training shoes must be clean, members with soiled shoes will be denied access to the studio and unable to participate in that session.
11. SAFETY & HYGIENE
11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the basement or studio room. Only closed containers of water are permitted in MFB rooms. Other than with the exception of guide dogs no pets are permitted in MFB buildings or grounds.
11.2. Members must not walk around MFB in bare feet.
11.3 Members must use the main entrance to MFB when entering or leaving MFB. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.
11.4 Smoking is forbidden anywhere within MFB or outside near the entrance.
11.5 Personal belongings must always be kept in the possession of Members.
12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within ten days of mailing to the last address notified to the Company.
12.2 The Company reserves the right to refuse admission to MFB.
12.3 The Company may assign the benefit of the Registration Process and a Member’s membership to a third party at any time without notice to the Member.
12.4 A person who is not a party to the Registration Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Process.
12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
12.6 Members must at all times observe MFB guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of MFB may issue to ensure the smooth operation of MFB for the convenience of all Members.
12.8 Members are asked to arrive 10 minutes prior to their booked class starting. Studio doors will be closed strictly upon class time starting as advertised. Late comers will be denied entry due to the risk of disturbance of other members and health and safety reasons.