Terms & Conditions
Last updated 29 MAY 2015
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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR PURCHASING AND GOODS OR SERVICES FROM US
This document (the “Terms”) sets out:
- the terms and conditions relating to your use of our Studios and Classes (as defined below)
When the following words with capital letters are used in these Terms, this is what they mean:
“Class” any exercise class provided by us or on our behalf at the Studios as part of the Services;
“Goods” any Goods offered for sale on our Site or at any of our Studios;
“Services” services available to you via our Site, including the Classes; and
“Studios” any of our studios, as published on our Site from time to time
Please read these Terms carefully before you start to use our Site, as these will apply to your use of our Site and your use of our Studios and Classes. We recommend that you print a copy of the Terms for future reference.
By using our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.
We may revise these Terms at any time by amending this document. Please check our Site from time to time to take notice of any changes we have made as they are binding on you. Your continued use of the Site after any such changes constitutes your acceptance of any new terms.
These Terms, their subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Use of our Site includes accessing, browsing, or registering to use our Site.
The following additional terms shall also apply to your use of our Site:
Information about us
www.tribecastudios.co.uk is our Site operated by Fit Together (UK) Limited ("We"). We are a limited company registered in England and Wales under company number 08830967 and have our registered office at: Heydon Lodge, Flint Cross, Newmarket Road, Heydon, Royston, Hertfordshire SG8 7PN UK.
We trade as “Tribeca Studios” and our main trading address is 17 The Mall, London W5 2PJ UK. “Tribeca Studios” is a UK registered trade mark of Fit Together (UK) Limited.
Our VAT number is 201 5337 57
To contact us, please email firstname.lastname@example.org
Users of our Site
Our Site is intended solely for Users who are 16 years of age or older. Any registration by, use of or access to the website by anyone under 16 is unauthorized, unlicensed and in violation of these Terms. By using our Site, you represent and warrant that you are 16 or older and that you agree to abide by these Terms. Minors between the ages of 16 and 18 must only register on our Site with the involvement of a parent or guardian.
Accessing our Site
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis.
We may suspend, withdraw, discontinue, update or change all or any part of our Site without notice at any time. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Classes via your mobile phone, (ii) the ability to receive and reply to messages from us, (iii) the ability to browse our Site from your mobile phone and (iv) the ability to access certain features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Your account and password
In order to access some features of our Site, you will have to create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account. If you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com. You agree not to use the account, username, or password of another member at any time.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the website and the content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to us are non-confidential and shall become the sole property of Fit Together (UK) Limited.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
Our trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No reliance on information
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
Limitation of our liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
We will not be liable for any loss or damage caused by a virus, distributed denial-ofservice attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other Website, nor may you create a link to any part of our Site other than the home page without our written consent.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Site other than that set out above, please contact firstname.lastname@example.org
Third party links and resources in our Site
Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.
Member services and policies
Cancellations: You must cancel by 6pm the day before your class or you will be deducted that class. This includes switching time slots after 6pm the day before. You may cancel class through our online system or by calling the applicable studio directly.
Lateness Policy: You must be physically present 5 minutes prior to the start of your scheduled class or your spot may be given to a waitlisted customer. If you arrive between 5 minutes before and 5 minutes after start of your scheduled class, and your spot has not been taken by a waitlisted customer, it is at the discretion of the class instructor whether you are able to participate. If you are more than 5 minutes late, you will not be able to participate.
Membership Packages: Members who purchase any membership package are subjected to a penalty charge equal to that of a single class for either a late cancel or an absence should they not cancel their reservation before 6pm the day before.
Personal Belongings: You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the Studio. You assume all risk of loss for any of your personal belongings.
Class Fees: You acknowledge that we charge fees for our Services, and we reserve the right to change our fees from time to time at our discretion. If we terminate your membership because you have breached these Terms, you may not be entitled to a refund of any unused portion of membership or other class fees.
Class Expiration: You acknowledge that we have the right to cancel any classes that you previously purchased if they have not been used within 12 months or less from date of purchase. You also acknowledge that we reserve the right to change class expiration from time to time at our discretion.
Users of our Studios and Classes
You must be aged 16 years or over to attend any of our Classes or to use any of our facilities at the Studios.
Minors between the ages of 16 and 18 can only attend if accompanied by a parent or guardian.
You must have completed a Physical Activity Readiness Questionnaire (PAR-Q) before attending any of our Classes. If at any time after completing the PAR-Q your Physical Activity Readiness changes (for example, your health deteriorates), you must alert us and complete a new PAR-Q before attending any further Classes.
You agree to comply with our Class rules which you can see online or displayed in all of our locations. The access rules relate to our opening hours, use of our facilities and your conduct.
Instructors and Classes are subject to change.
We reserve the right to refuse you access to the Studios and suspend or terminate your use of our Site and the Services if we reasonably consider that your conduct is damaging to our reputation, is in breach of these Conditions or would otherwise be in the interests of other users of the Studios or participants in our Classes. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
By agreeing to these Terms and using our Studio facilities and equipment, you hereby acknowledge that there are certain inherent risks and dangers in the strenuous nature of some of our workout programs. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that we strongly recommend that you consult with your doctor prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by trainers and staff. In consideration of being allowed to participate in and access our classes and studio facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to our classes and studio facilities, (2) release, indemnify, and hold harmless Fit Together (UK) Limited, subsidiary affiliate entities and franchisees, and each of their respective members, employees and representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in our classes or studio facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of our classes and studio facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a doctor to not participate in physical exercise.