Move Better Fitness Academy
Terms & Conditions For Clients wanting to join our classes either attended in person or online. This also includes terms and conditions for individual training and rehab
Terms & Conditions MBFA/MBA
Please consent to this form to confirm that you have read, understood and agree with the information in this form.
These Terms And Conditions cover our classes(Attended in person and Online through Zoom) (Personal Training attended in person and online) and (therapeutic/rehab online.)
TERMS OF SALE OF DIGITAL CONTENT FOR MBFA
INCLUDING PAID CONTENT - LIVE/(ATTENDED) MBFA CLASS INSTRUCTION - LIVE/(ATTENDED) PERSONAL TRAINING - THERAPY (ON-LINE) - VIDEO/PHOTO/AUDIO/MATERIALS USE BY US
BACKGROUND:
These Terms and Conditions are the standard terms which apply:
To provision of any MBFA Business by Move Better Fitness Academy (MBFA)
(A) These Terms of Sale together with the attachment below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which Paid Content, accessed via Subscriptions/memberships, is sold by Us to Consumers through this website, www.movebetterfitnessacademy.c... (“Our Site”).
(B)Terms and information that are specific to accessing MBFA Classes/events instruction from or via Our Site using the Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or other (web conferencing software which we would need to use occasionally) platform are set out in the attachment below only for ease of reference, but they will have the same effect as if set out in these Terms of Sale.
(C) Please read these Terms of Sale and the attachment below carefully and ensure that You understand them before purchasing a Subscription. If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss. When setting up an Account before purchasing any Subscription, You will be required to read, accept, and agree to comply with and be bound by these Terms of Sale and the attachment. If You do not, You will not be able to purchase a Subscription and access Paid Content through Our Site.
(D) All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:
(i) are required by law to give to You before You order a Subscription; or
(ii) voluntarily give to You and You rely on it either when deciding to order a Subscription or when, subsequently, You make any decision about the Subscription.
We give You some of that information before You order a Subscription and some it is set out in these Terms of Sale and the attachment below.
(E) These Terms of Sale, as well as any and all Contracts, are in the English language only.
(F) These Terms of Sale apply only to the sale of Paid Content; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms of Use”.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means the account, referred to in Sub-Clause 7.1, that You must setup with Us in order to purchase any Subscription;
“Background Items” means background and other information about the history and practice of MBFA services for health, fitness and performance, downloadable or viewable as text/graphics;
“Consumer” means an individual customer who is to receive or use Our services comprising Paid Content for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;
“Contract” means a contract for the purchase of a Subscription to access any Paid Content, as explained in Clause 7;
“Paid Content” means any digital content (including text, graphics, images, audio, and video) comprising any
fitness, wellness, health or nutrition training, instruction, session or course, or any other materials or other information related thereto, sold by Us through Our Site and made available by Us on platforms we use or via www.movebetterfitnessacademy.c... Our Site by means of
(a) two-way synchronous live stream audio and/or video technology, e.g. [two-way synchronous live stream audio and/or video technology, e.g. the Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or (other web conferencing software which we would need to use occasionally)
and/or
(b) asynchronous live stream video and/or audio or recorded non/downloadable video and/or audio of one or more items
either
provided on Our video/audio streaming platform accessed on a device or on Our Site
or
hosted on another’s website, e.g. Youtube, Team Up via a link that We provide to You;
and/or
(c) downloadable or other viewable text, graphics or other non-video, non-audio items or information, including Background Items.
Paid Content will be more fully described in other information that We give or make available to You before You order a Subscription. That information may include the name of any trainer or instructor or other individual(s) presenting any digital content on Our behalf but whether it does or does not do so, We may if so We decide in our discretion at any time and without notice substitute any other individual(s) who is suitably qualified and experienced;
“Subscription” means a subscription to Our Site purchased by You which provides You with access to Paid Content which comprises either:
(a) one or more specific single events or items; and/or
(b) one or more series or collections of two or more specific events or items; and/or
(c) one or more or all types of events or items available on or via Our Site; and
(d) the Background Items.
We will give You information about the period of access to (a), (b) and (c) before You purchase the Subscription which will include the information described in Sub-Clause 7.4.6.
Every Subscription will include access to the Background Items for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation;
“Subscription Conformation” means Our acceptance and confirmation of Your purchase of a Subscription;
“Subscription ID” means the reference number for Your Subscription
” Live MBFA Class” means any, and all Group Sessions at which we provide or lead, any teaching, instruction, and all facilities, services, equipment, and other goods and materials which we provide/use in connection with such classes for individuals. Groups, corporate or organisations. Live MBFA Class subscription will be for the weeks that we provide this service. During Our year period there will be bank holidays and holiday periods that we be unable to put on these LIVE MBFA Classes.
“Live Sessions” means a single session or a series of Sessions or courses, at which we provide or lead, any teaching, instruction, and all facilities, services, equipment, and other goods and materials which we provide/use in connection with personal training for individuals. Live Sessions subscription will be for the weeks that we provide this service. During Our year period there will be bank holidays and holiday periods that we be unable to put on these Live Sessions.
“Therapist/Therapy” means the therapist or other individual who presents or provides online to You any Paid Content and/or who interacts with You online to provide any Paid Content;
“Events” All Services offered through Move Better Fitness Academy on-line
“Teacher/Instructor/Coach/Personal Trainer” means an individual who presents or provides online to You any Paid/unpaid Content and/or who interacts with You online to provide any Content; who may be employed/hired or working with us.
“We/Us/Our” means Chiropractic & Sports Injury Clinic trading under Move Better Fitness Academy.co.uk a company registered in England whose registered address is 9 Wyngates Leighton Buzzard and whose main trading address (as above).
2. Information About Us
2.1 Our Site, www.movebetterfitnessacademy.co.uk, is owned and operated by Move Better Fitness Academy, whose registered address is 9 Wyngates Leighton Buzzard LU7 2LD and whose main trading address is as above.
3 .Contacting Us
3.1 If You wish to contact Us with general questions, You may contact Us by telephone at 07795536022/07834414036, by email at info@movebetterfitnessacademy.co.uk, or by post at 9 Wyngates Leighton Buzzard LU7 2LD.
3.2 For matters relating to Paid Content or Your Subscription or Account, please contact Us by telephone at 07795536022/07834414036, by email at info@movebetterfitnessacademy.co.uk, or by post at 9 Wyngates Leighton Buzzard LU7 2LD.
3.3 For matters relating to cancellations, please contact Us by telephone at 07795536022/07834414036,by email at info@movebetterfitnessacademy.co.uk, or by post at 9 Wyngates Leighton Buzzard LU7 2LD
3.4 To make a complaint, see Clause 15.
4. Consumers only and Age Restriction
Only a Consumer may purchase a Subscription and access Paid Content on or through Our Site. Only if that person is aged at least 18 years of age may they do s0 (Or) when approved by parent/guardian if under 18
5. Business Customers
These Terms of Sale and the attachment below do not apply to customers purchasing Subscriptions and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.
6. Subscriptions, Paid Content, Pricing and Availability
6.1 We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that You will receive. Please note, however, that due to Different Teachers/Instructor/Coach/Personal Trainer, differences in explanation/exercise structure.
6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between the Paid Content and the descriptions of it. Please refer to Clause 11 if Your Subscription or the Paid Content is incorrect.
6.3 We may from,time to time change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price at least 30 Days before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in sub-Clause 13.1.
6.4 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.
6.5 In some cases, as described in the relevant digital content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform You at least 30 Days before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract as described in sub-Clause 13.1.
6.6 Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
6.7 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated every 6 Months. Changes in price will not affect any order for a Subscription that You have already placed.
6.8 All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than
that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Subscription at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 14 Days, We will treat Your order as cancelled and notify You of this in writing.
6.9 If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 13.4.
6.10 If the price of a Subscription that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order.
7. Orders – How Contracts Are Formed
7.1 Our Site will guide You through the process of setting up an Account and purchasing a Subscription. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.
7.2 If, during the order process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.
7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your order does not mean that We have accepted it. Our acceptance is indicated by Us sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You.
7.4 Subscription Confirmations may contain any of the following information dependant on how you Subscribed:
7.4.1 Your Subscription ID;
7.4.2 Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
7.4.3 Fully itemised pricing for Your Subscription including, where appropriate, taxes, and other additional charges;
7.4.4 The duration of Your Subscription (including the start date, shown where relevant and required and our dates that we would be unavailable updated when necessary
7.4.5 Confirmation of Your acknowledgement that the Paid Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 12.1;
7.4.6 In relation to any video (live or recorded) event, item, series, collection or type/s of events or items constituting the Paid Content, the period during which it can be accessed which will be either (a) the whole period of the Subscription; (b) or a specific period commencing on a stated date that is shorter than that whole period; and
7.5 In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 14 Days.
7.6 Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
7.7 Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Subscription unless You specifically request that We make a refund using a different method.
8. Payment for Subscriptions
8.1 Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation (this usually occurs immediately, and You will be shown a message confirming Your payment but with bank transfers when the money is shown in our account)
8.2 We accept the following methods of payment on Our Site:
8.2.1 Bank Transfer;
8.2.2 Cheque by post for packages/courses
8.3 If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content. For more information, please refer to sub-Clause 9.6. If You do not make payment within 14 Days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
8.4 If You believe that We have charged You an incorrect amount, please contact Us at info@movebetterfitnessacademy.co.uk as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.
9. Provision of Paid Content
9.1 We undertake to make available to You on these Terms of Sale the Paid Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us You are unable to do so, You will not be entitled to any refund.
9.2 Paid Content appropriate to Your Subscription will be available to You from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract, on and subject to the following:
9.2.1 An item of Paid Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non-streamed item, the period within which it is or will be available for access.
9.2.2 If an item of Paid Content is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item or by other circumstances. Any such delay will not normally exceed 30 minutes but if the start is delayed by more than that period then We will provide an alternative to compensate You for any inconvenience or loss that You suffer as a result.
to compensate You for any inconvenience or loss that You suffer as a result.9.3
9.3 When You place an order for a Subscription, You will be required to expressly acknowledge that You wish Paid Content to be made available to You as soon as possible which may be dependent on the service We provide to you for which you have subscribed to and if Live stream “When the service starts” or “paid content” subject to Our approval which may be related to your health if any issues need further approval form a medical professional. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) Paid Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”). Please see sub-Clause 12.1 for more information.
9.4 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
9.4.1 To fix technical problems or to make necessary minor technical changes;
9.4.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
9.4.3 To make more significant changes to the Paid Content, as described above in sub-Clause 6.5.
9.5 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 9.4, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). You will not be charged while availability is suspended and Your Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 1 Day). If the suspension lasts (or We tell You that it is going to last) for more than 14 Days, You may end the Contract as described below in sub-Clause 13.2.
9.6 We may suspend provision of the Paid Content as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 10 Day of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.
9.7 Any refunds under this Clause 9 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
9.8 Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Subscription.
(9.9) Live(Attended) MBFA class/session series)
(For Booking membership/package)
9.90 You may book a live MBFA Class/Session series in person, by email, by phone, or through Our on-line booking system as a single MBFA Class/Session/Service where accepted or as part of any available package/membership.
9.91 Each live MBFA Class requires 2 or more people to book it for it to take place or on our discretion.
9.92 A booking for a live MBFA Class/Session series consists of a block booking/membership for a live MBFA Class/Session at a particular time and day of the week throughout the Block/membership period on dates specified at the time of booking.
9.93 As spaces in Our live MBFA Class/Session series are limited, We will not reserve or guarantee any particular day and/or time for any live MBFA Class/Session unless You are booked in the live MBFA Class/Session for that time and day in the Block/membership period.
9.94 If You are unable to attend a one or more pre-booked live MBFA Class/Session series within the Block/membership period, We may at Our discretion offer the opportunity to book a live MBFA Class/Session series on another date as a “Catch Up session”, subject to availability of space on the other date. If You book any dates as “Catch Up sessions”, these cannot be further re-booked except in extenuating circumstances and at Our discretion.
9.95 If You change your booking for any pre-booked live MBFA Class/Session series within the Block/membership period, You forfeit Your place on that particular date, and You may no longer be guaranteed a place on that particular date should You subsequently decide that You do wish to attend.
9.96 We will only provide a live MBFA Class/Session series to You if You have pre-booked and paid for it as part of a package/membership except where as follows, if You have an existing block booking, You are allowed to participate in single live MBFA Class/Session on a “waiting list” basis. If it is already fully booked when you request a booking, We may add You to a waiting list for it. We may then be able to offer You the opportunity to book, pay for and participate in the live MBFA Class/Session if a waiting list space for it becomes available due to another person cancelling a booking. If We tell You of such an opportunity You will then need to book and pay for the live MBFA Class/Session and be at Our premises at least a few minutes before the live MBFA Class/Session start time, to allow for a prompt start.
9.97 When you book and pay for any single live MBFA Class/Session (i.e. one not paid for as part of a package/membership) You must book (or, as set out in sub-Clause 9.98.2 below, rebook to replace any booked single live MBFA Class/Session cancelled). You must give 24 hours’ notice when cancelling a single live MBFA Class/Session or as stated in separate booking terms for that particular MBFA Class/Session on booking.
(9.98 PACKAGES) If You pay for any package of live MBFA Class/Session, but You do not at the same time book the date/s for all of the number of live MBFA Class/Session included in the package, You should then ensure that You book dates for all of the package which fall within the Block period. Any live MBFA Class/Session paid for as part of a package but not booked for dates falling within that Block period will be lost and We will not refund any payment You have made for them.
(9.98.1 Memberships) if you pay for a membership for live MBFA Class/Session but you do not at the same time book the dates for all the number of live MBFA Class/Session included in the membership. You should ensure that You book dates for all of the membership which fall within the membership period. Any live MBFA Class/Session paid for as part of the membership but not booked will be lost and We will not refund any payment You have made for them. At our discretion You may have to the end of the month of the missed live MBFA Class/Session to catch up that class.
9.98.2 Your request for a booking for a live MBFA Class/Session (whether or not it is paid for as part of a package/membership) will be an offer, but whether We accept any booking will be for Us to decide in Our discretion. Only if and when We tell You that We accept Your request to book a particular live MBFA Class/Session and You have paid for it, will there be a binding contract between You and Us for that MBFA Class/Session. If You wish to buy a package/membership of 2 or more live MBFA Class/Session and You pay for it, and in Our discretion We accept that purchase, Our contract with You will be for all of the live MBFA Class/Session within that package/membership which You then or later book.
9.98.3 When You book any live MBFA Class/Session, We will require You to pay Us in advance for it, and We will be entitled to keep some or all of that payment as set out in sub-Clause 9.98.6 below if You later cancel the live MBFA Class/Session without giving Us prior notice of at least 24 Hours or when separate terms & Conditions apply when booking Events for individuals/groups/corporate or organisations.
9.98.4 We may treat a live MBFA Class/Session that You have booked as cancelled by You without notice to Us if You arrive after the start of the live MBFA Class/Session or You do not attend any of the live MBFA Class/Session. We may then (but We are not obliged to) give Your place in the live MBFA Class/Session that You cancelled to any “wait-list” customer. We may decide to make a charge to You for that cancelled live MBFA Class/Session, and sub-Clause 9.98.6 below will apply.
9.98.5 Cancellation of a live MBFA Class/Session. You may cancel a live MBFA Class/Session if You give Us at least 24 Hours' prior notice of the cancellation. If the cancelled live MBFA Class/Session was paid for as part of a package/membership, You may rebook it under this sub-Clause 9.98.5 for a date falling within the Block period or membership within that month.
9.98.6 If You do not give Us at least 24 Hours' prior notice of cancellation of a live MBFA Class/Session, We will be entitled to charge You for any net financial loss up to the full price of that live MBFA Class/Session that We suffer due to Your cancellation or remove a credit from your account for packages/memberships.
9.98.7If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel a live MBFA Class/session without giving Us at least 24 Hours' prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 9.98.4 or 9.98.6
9.98.8 We may cancel a live MBFA Class/Session booked by You at any time before the time and date of that live MBFA Class/Session in the following circumstances:
9.98.9 The required minimum number of people for the live MBFA Class/Session have not booked for that live MBFA Class/Session; or
9.98.10 The required instructor/teacher necessary for the live MBFA Class/Session is not available; or
9.98.11 We find that you are not a “Consumer” (as defined in Clause 1 above).
9.98.12 We may also cancel in unforeseen circumstances including but not exhaustive list adverse weather conditions, problem with the venue, any local or government advisories and any safety issues.
If We cancel a live MBFA Class/Session in such circumstances, We will refund to You in full the payment that You have made to Us for that live MBFA Class/Session or you can opt to use it for your next live MBFA Class/Session unless it was paid for as part of a package or membership
Where it was part of a package/membership, We will not make a refund but You may rebook that cancelled live MBFA Class/Session for another date falling within the Block/membership period, or if that period ends less than 2 weeks after the date of the cancelled live MBFA Class/Session and You prefer to have a refund instead of rebooking We will refund You the stand-alone price for that cancelled live MBFA Class/Session or credit the said amount to the next block/membership MBFA Class/Session/Service
9.98.13 We will use all reasonable endeavours to start the live MBFA Class/Session You have booked at its scheduled start time, but the start may be delayed by overrun of a previous live MBFA Class/Session or by other circumstances. If a delay to the start is at least << 30 Minutes>>, or, if at any time before or after You arrive for a live MBFA Class/Session We notify You that there will be a delay of at least that time, You may choose to rebook the live MBFA Class/Session or cancel the live MBFA Class/Session and We will refund to You in full the payment that You have made to Us for that live MBFA Class/Session unless it was paid for as part of a package/membership in which case the final paragraph of sub-Clause 9.98.8 – 9.98.12 (as to rebooking or refund) will also apply to cancellation under this sub-Clause 9.98.13
9.98.14 Live MBFA Class/Session 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.
9.98.15 We reserve the right to expel You from any live MBFA Class/Session if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to Our reputation, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable opinion such expulsion is otherwise in the interests of others who are in that live MBFA Class/Session or who are in any other MBFA Class/Session/Service being held then or to be held subsequently. You will not be entitled to any refund for a live MBFA Class/Session started but not completed due to such expulsion. If at that time You have paid for any live MBFA Class/Session as a package/membership but have not yet booked and/or attended one or more of such MBFA Class/Session/Service, We may cancel those live MBFA Class/Session not yet booked and/or attended by telling You at the time of that cancellation and in that case We will refund You for the number of live MBFA Class/Session in the package/membership cancelled and the refund will be for the number of package/membership live MBFA Class/Session not taken pro rata to the total live MBFA Class/Session in the package.
10. Licence
10.1 When You purchase a Subscription to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access, participate in and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to You does not give You any rights in Our Paid Content (including any material that We may licence from third parties).
10.2 The licence granted to You under sub-Clause 10.1 is subject to the following usage restrictions and/or permissions:
10.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); [and]
10.2.2 If [exceptionally] any Paid Content two way livestream facility item or event accessible or available to You is also simultaneously made accessible or available by Us to any other person(s), You may not use that two way livestream facility to communicate or make accessible to any such other person(s) anything (by voice, text, image or otherwise) except as We may expressly request or permit in any case; [and]
11. Problems with the Paid Content
11.1 By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content available through Your Subscription does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
11.1.1 If the Paid Content has faults, You will be entitled to a repair or a replacement.
11.1.2 If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.
11.1.3 If You can demonstrate that the fault has damaged Your device or other digital content belonging to You because We have not used reasonable care and skill, You may be entitled to a repair or compensation. Please refer to sub-Clause 14.3 for more information.
11.2 Please note that We will not be liable under this Clause 11 if We informed You of the fault(s) or other problems with particular Paid Content before You accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned You that it may contain faults that could harm Your device or other digital content), if You have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
11.3 If there is a problem with any Paid Content, please contact Us at info@movebetterfitnessacademy.co.uk or visit the contact page on Our Site www.movebetterfitnessacademy.c... to inform us of the problem.
11.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.
11.5 Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Subscription.
11.6 For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.
12. Cancelling Your Subscription
12.1 If You are a Consumer in the UK or the European Union, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
12.2 After the cooling-off period, You may cancel Your Subscription at any time. However, subject to sub-Clause 12.3 and Clause 13, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
12.3 If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
12.4 If You wish to exercise Your right to cancel under this Clause 12, You may inform Us of Your cancellation in any way You wish. Cancellation by email or by post is effective from the date on which You send Us Your message. If You would prefer to contact Us directly to cancel, please use the following details:
12.4.1 Telephone: 07795536022;
12.4.2 Email: info@movebetterfitnessacademy.co.uk;
12.4.3 Post: 9 Wyngates, Leighton Buzzard LU7 2LD;
in each case, providing Us with Your name, address, email address, telephone number, and Subscription ID.
12.5 We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
12.6 Refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.
12.7 Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Subscription.
13. Your Other Rights to End the Contract
13.1 You may end the Contract at any time if We have informed You of a forthcoming change to Your Subscription or the Paid Content (as described in sub-Clauses 6.3 or 6.5), or to these Terms of Sale that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Subscription, We will issue You with a refund. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You will continue to have access to the Paid Content until that date.
13.2 If We have suspended availability of the Paid Content for more than 14 Days, or We have informed You that We are going to suspend availability for more than 30 Days, You may end the Contract immediately, as described in sub-Clause 9.5. If You end the Contract for this reason, We will issue You with a refund.
13.3 If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a refund.
13.4 If We inform You of an error in the price or description of Your Subscription or the Paid Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a refund.
13.5 You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
13.6 Refunds under this Clause 13 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription.
13.7 If You wish to exercise Your right to cancel under this Clause 13, You may do so in any way You wish. If You would prefer to contact Us directly to cancel, please use the following details:
13.7.1 Telephone: 07795536022;
13.7.2 Email: info@movebetterfitnessacademy.co.uk;
13.7.3 Post: 9 Wyngates, Leighton Buzzard LU7 2LD;
in each case, providing Us with Your name, address, email address, telephone number, and Subscription ID.
13.8 We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
14. Our Liability to Consumers
14.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
14.2 Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
14.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Paid Content) from Our Site damages Your device or other digital content belonging to You, We will either repair the damage or pay You appropriate compensation. Please note that We will not be liable under this provision if:
14.3.1 We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or
14.3.2 The damage has been caused by Your own failure to follow Our instructions; or
14.3.3 Your device does not meet any relevant minimum system requirements that We have made You aware of before You purchased Your Subscription.
14.4 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.
14.5 Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
14.6 We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the attachment below).
15. Complaints and Feedback
15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
15.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from 9 Wyngates Leighton Buzzard LU7 2LD on request.
15.3 If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
15.3.1 In writing, addressed to, MBFA 9 Wyngates Leighton Buzzard LU7 2LD;
15.4.2 By email, addressed to MBFA at info@movebetterfitnessacademy.co.uk;
15.4.3 By contacting Us by telephone on 07834414036
16. How We Use Your Personal Information (Data Protection)
We will only use Your personal data as set out in Our Privacy Notice available from Privacy Policy | England | Move Better Fitness Academy and Cookie Policy available from Cookie Policy | Move Better Fitness Academy.
16.1 Client/patient Data
We need to collect personal information about your health in order to provide you with a programme/therapy. Your requesting our services and our agreement to provide that care constitutes a contract. You can, of course, refuse to provide the information, but if you were to do that, we would not be able to provide an exercise programme/therapy for you. We have a “Legitimate Interest” in collecting that information, because without it we couldn’t do our job effectively and safely. We also think that it is important that we can contact you in order to confirm your appointments/classes with us or to update you on matters related to your care/programme. This again constitutes “Legitimate Interest”, but this time it is your legitimate interest.
Your information will be stored securely and used in confidence - Your records will be stored either on paper in locked cabinets, and/or, electronically (“in the cloud”), using a specialist medical/booking or email records service. These providers have given us their assurances that they are fully compliant with the General Data Protection Regulations. – and that your information will not be shared with a third party without my written consent – and will be retained for a period that complies with professional, legal and insurance requirements that they must fulfil.
17 Other Important Terms
17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
17.2 You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.
17.3 The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
17.4 If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.
17.5 If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.
17.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 13.1 above).
18 Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales, Northern Ireland, Scotland.
18.2 As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
18.3 As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.
Attachment
1. A. MBFA Movement & Restoration Classes may include but not all inclusive: one or more of the following
testing and assessment of physical abilities where appropriate to the individual
physical training;
exercise;
Breathing exercises
Vestibular and eye exercises
resistance exercise, use of machinery, training equipment, free weights, KB, resistance bands, balls.
stretching;
mobility;
movement restoration;
Rehabilitation exercises
goal setting;
exercise prescription;
nutrition advice;
muscle toning;
strength building;
development of training plans;
motivation and focus exercises, leading and instructing;
and any other training activities, techniques and/or exercises.
B. Personal Training session & Training for Sports (Athletes) & any other classes may include A + B but not all inclusive one or more of the following
testing and assessment [(of, without limitation cardiovascular system, heart rate, muscle strength, body composition, endurance and flexibility)];
physical training;
exercise;
aerobics;
aerobic conditioning and training;
Breathing exercises
weight training;
circuit training;
cardiovascular exercise and training;
resistance exercise, use of machinery, training equipment, free weights, KB, resistance bands, balls, circuit machinery and cardiovascular machines;
stretching;
mobility;
movement restoration;
any systemised exercise method that we teach
Vestibular and eye exercises
Rehabilitation;
weightlifting;
goal setting;
exercise prescription;
nutrition advice;
weight loss;
muscle toning;
strength building;
development of training plans;
motivation and focus exercises, leading and instructing;
and any other training activities, techniques and/or exercises.
C. Therapy Online may include but not all inclusive one or more of the following (+ A or/and B above where an individual may need further guidance to return to health or sport)
The provision of online Therapy services or content (referred to below as “Therapy”) that We provide will involve one or more of the following:
triage;
taking case history;
examination;
testing and assessment;
diagnosis;
advice;
guidance;
information;
movements;
stretching;
exercise demonstration;
exercise prescription;
muscle toning;
strength building;
Movement Restoration;
Rehabilitation;
Conditioning;
Sports modifications:
Training modifications.
Nutrition and health guidance
Referrals
[and any other chiropractic services activities, techniques and/or exercises].
We make no warranty or representation that any particular result will be brought about as a result of Our providing to You or You receiving or making use of any Therapy. Results will differ from patient to patient depending on various factors
2. Use of Zoom cloud-based web conferencing,
GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or (other web conferencing software which we would need to use occasionally) to access online Training
We offer Training online as an alternative to training at Premises.
We use technology which allows Us to provide You with Training online provided that You have the appropriate technology (see below) to receive that Training. For this purpose, We use Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or (other web conferencing software which we would need to use occasionally).
Where We are to make any of the Training available by means of Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or (other web conferencing software which we would need to use occasionally)] rather than any other platform, it will be on the following basis.
3. The technology that We will be responsible for providing
We will subscribe to Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or (other web conferencing software which we would need to use occasionally)] and will pay any necessary fees to Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or (other web conferencing software which we would need to use occasionally)] to maintain that subscription. It will enable Us to act as “host” and to provide the Training to You over the internet via the Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or (other web conferencing software which we would need to use occasionally)] facility.
To receive or participate in any session of fitness, wellness, health or nutrition Training within the scope of [the programme that We agree with You is to be included in] Your Subscription], You will need to join that session via Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or (other web conferencing software which we would need to use occasionally). You will not need to pay any fee or charge for use of the Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or (other web conferencing software which we would need to use occasionally - facility or to join that session: You will only need to pay for the Training made available by Your Subscription.
We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or (other web conferencing software which we would need to use occasionally - App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or (other web conferencing software which we would need to use occasionally)].
4.The technology and other items that You will be responsible for providing
It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in Training via Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or other web conferencing software which we would need to use occasionally.
You will need have access to and use the following non-exhaustive list of facilities for this purpose:
(a) An appropriate functioning Device which is adequately charged;
(b) An up to date Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or other web conferencing software which we would need to use occasionally App where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive Training;
(c) Stable, reliable, internet access with adequate speed;
(d) A safe and suitable environment in which to watch, listen, speak where appropriate, and to carry out training exercises or activities;
(e) Suitable clothing for the exercises or activities concerned; and
(f) As advised by Us before You place Your order for a Subscription or agreed with you then or at any other time, any other gym or other exercise or training equipment that You will need.
We do not make supply or make available the Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or other web conferencing software which we would need to use occasionally platform that You use to access any Paid Content. We are not a party to Your download and use of that platform, and We will have no responsibility or liability to you in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or other web conferencing software which we would need to use occasionally as the third party provider of the platform to You imposes on such download and use.
Paid Content consisting of Background Items is not provided via the Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or other web conferencing software which we would need to use occasionally platform but is instead downloadable directly from Our Site.
5. Scope of what We provideTechnology
We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.
We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving Training. However, We may, if You request it, either before or during any session of Training, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice. We do not therefore take on any responsibility or accept any liability if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing except if Your Device or Your digital content is damaged in circumstances where We are liable to You under Sub-Clause 14.3.
We will not be responsible or liable if You are unable to access any Training due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any
such case, You will remain liable to pay for Training that We have made available to You. Such causes beyond Our reasonable control may include (but are not limited to):
(a) Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or
(b) Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or
(c) Failure of or defect in the Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or other web conferencing software which we would need to use occasionally platform used by Us or You to make Training available to You; or
(d) Your inability to access Training due to failure of or defects in Our Site etc.
6. Account setup needed
In order to purchase any Subscription and receive any Training, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.
You may not create an Account if You are under 18 years of age or if under 18 agreed and signed by parent/guardian and agreed by us.
We only offer Paid Content for use in the UK to individuals residing in the UK. You may only open an Account with a residential address in the UK.
During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.
You may be asked for additional information regarding Your Account, such as Your e-mail address.
7.Your privacy and security on each occasion when You access Instruction
Where any Instruction that You access is two-way synchronous live stream audio and/or video technology (not a pre-recorded one way transmission), on the occasion You access it, it will also be made accessible to all others who have purchased it and choose to access it unless We have specified that it is to be made available on that occasion only to You as an individual private session.
Therefore, unless We specify that a particular two way session is only accessible to You, the following will apply to such a session:
(a) When You sign in to Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or other web conferencing software which we would need to use occasionally platform, You should indicate Your first name only if you don’t want everyone to know your full name since Your name will be visible to Our other customers taking part;
(b) You understand and are aware that there is a risk that other customers and other people may see and hear (via the video and/or audio facilities of the Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or other web conferencing software which we would need to use occasionally platform or App and Your Device) not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session;
(c) The space You use should be free of others and it should be difficult to see or hear via the Zoom cloud-based web conferencing, GoToMeeting, Skype for Business (part of Teams), WebEx or Google Meets, Microsoft Teams, Team Up, You Tube, Vimeo, Facebook, or other web conferencing software which we would need to use occasionally platform or App and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones;
(d) There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
(e) We cannot ensure privacy or confidentiality due to the nature of two way sessions involving customers in addition to You; and
(f) In any event, it will be Your responsibility to ensure that You have a suitable space to use when You participate in any two way session in order to protect Your privacy and that of others in or near that space.
We will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
8. Fitness, Health and Safety
You acknowledge and agree that:
(a) An exercise session/class (“event”) may be physically strenuous
(b) Certain or particular or series of exercises may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.
(c) Due to the remote nature of online events, We do not undertake to and cannot attend, assist or advise or arrange for or alert any third party to do so, if during an event You fall ill or have an accident
(d) The teacher at each event will be appropriately qualified and will be competent to conduct the event
(e) Any advice provided by a teacher involved in an event does not constitute medical advice and is not a substitute for advice provided by a medical professional;
(f) You voluntarily participate in an event with full knowledge that even if a teacher involved in the event is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise and use of any equipment used by You;
(g) We will endeavour to provide the same trainer for each Session within Your Subscription but We may from time to time need for various reasons to substitute another trainer for any one or more Sessions, including where the trainer originally assigned to You is not available due to illness, personal reasons or any other reason resulting in Our not being able to make him/her available to You;
Therapy - Health and Safety
You acknowledge and agree that:
(h) A session or aspects of a session may be unsuitable for You if You have certain medical or health considerations.
(i) Due to the remote nature of an online session, We do not undertake to and cannot attend, assist or advise, or arrange for or alert any third party to do so, if during a session You fall ill or have an accident.
(j) Whilst the Therapist at each session will be appropriately experienced and qualified and will be competent to conduct the session, We provide Therapists subject to “(d)” below.
(k) Access to any session and working with a Therapist is on the basis that it is subject to the following:
Our Therapists are not medical doctors and do not have expertise to diagnose medical conditions or impairments which are outside the scope of a Therapist’s usual and proper qualifications, knowledge and expertise;
You voluntarily participate in a session with full knowledge that even if a Therapist involved in the session is not negligent there is a risk of personal injury or illness arising from Your participation in a session;
We will endeavour to provide the same Therapist for each session within Your Subscription but We may from time to time need for various reasons to substitute another therapist for any one or more sessions, including where the Therapist originally assigned to You is not available due to illness, personal reasons or any other reason resulting in Our not being able to make him/her available to You;
(l) When You set up an Account, and also when You purchase any Subscription, book and participate in any event, that will be Your confirmation that You have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect Your participation in that or any other event comprised in any Subscription that You have purchased or subsequently purchase.
You must therefore ensure that You are fit and well enough to participate in any event that You purchase, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.
If You have any concerns about Your fitness or health, You should seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser before purchasing or participating in any event.
[When You purchase a Subscription and [at least 48 hours] before You participate in any event, We advise You to tell Us:
(a) Of any special physical needs, any issue relating to Your health, fitness or physical limitations of which You are aware, and any medical condition or on-going medical treatment, which might be relevant to any activity to be undertaken at an event;
(b) Of any medical condition or if You are taking any medication which may affect Your ability to undertake any activities at an event or to use any equipment or facilities that You will or might use;
(c) Of any circumstances affecting Your health which may be worsened by any activities at an event; and
(d) If You are pregnant, and if so whether You are in the first 3 months of Your pregnancy.
We will discuss with You any such matter that You tell Us, and We will inform You if We decide not to accept Your order for a Subscription because of that medical, health or fitness issue or special need. If We do accept Your order, You must act in accordance with any instructions provided by Us relating to the issue.
9. Advising Us about Your Health etc
When You purchase a Subscription and at least 48 hours before You participate in any session, We advise You to tell Us:
(a) Of any special physical needs, and any issue relating to Your health, fitness or physical limitations of which You are aware, and any medical condition or on-going medical treatment, in each case if it might be relevant to Your participating in a session;
(b) Of any medication You are taking;
(c) Of any circumstances affecting Your health which may be worsened by Your participating in a session; and
(d) If You are pregnant, and if so whether You are in the first 3 months of Your pregnancy.
If You advise about the above, We will discuss with You any such matter that You tell Us. We will then inform You if We decide in Our discretion either:
not to accept Your order for a Subscription because of any issue; or
to accept Your order, in which case You must act in accordance with any instructions provided by Us relating to the issue, and We will be entitled to rely on Your confirmation set out in the next clause
Whilst We are responsible for correctly and appropriately providing the Therapy/Training/Class/Service which We advise is suitable for You, You will at all times generally be responsible for Your own state of health, physical condition and wellbeing.
10 Gym Equipment etc
Usually We do not supply or arrange for You to use any other gym or other exercise or training equipment that You will need, but on request We may in Our discretion tell you the type/s of equipment that You will or might need to take part in a Session and We [may in Our discretion tell You where or how You might obtain any such items of equipment. All equipment that You will need will be at Your own cost.
Attachment 2
Video/Audio/Photo/Material for use by US as chosen by you in OPTIONS FORM QUESTION in the enrolment form
PLEASE NOTE - If you have indicated in your enrolment form that you DO NOT WISH to be photographed or videoed, then the options here in attachment 2 will not apply to you. The paragraphs below relate to the various options on the video/audio/photograph form.
These terms & Conditions have been developed to secure the agreement of individuals that the Move Better Fitness Academy may take and make available for wider use, and without expectation of compensation or other remuneration, now or in the future. That the Move Better Fitness Academy, its affiliates and agents, may use my image and likeness and/or any interview statements from me in its publications, advertising or other media activities, audio and case study materials (including the Internet) as CHOSEN in the - OPTIONS FORM in the enrolment form, if you have chosen NOT BE RECORDED then this action will be applied.
Note terms & conditions where applicable to CHOSEN OPTIONS as laid out in form(s)
Photos or video for personal improvement may need to be used in video analysis software for bio-mechanical assessment. The videos may need to be sent to you electronically after analysis or linked to either a drop box, google drive, youtube, vimeo or similar account, or through a video analysis software program. We may also show you the exercises through live video streaming software.
Personal improvement may also be seen as a method to reflect changes in performance enhancement over time and to improve programming, these of course may be taken on your own phone with no sign up required.
Photos or videos are usually recorded on either mobile phone, video camera, tablet and either stored on the device, cloud storage, or through the video analysis software or live video streaming. Videos may also have been recorded by you and sent to us by way of the above formats or similar.
Where applicable I understand that the materials I have consented to will be used as indicated in the VIDEO/AUDIO FORM either for personal development and/also where indicated in promoting the principles and practices of the Move Better Fitness Academy.
I understand that the materials I have consented to and where indicated may be used in a variety of formats and may be edited to enable use in a variety of formats and platforms including but not exclusive to; publications (both printed and online), leaflets, posters, presentations, advertising and web sites and social media websites.
I am aware that the materials will be held indefinitely, but I can ask for them to be removed at any time and consent removed but it may not be possible to stop their use completely if shared.
I hereby give my informed consent for the materials to be used as set out above. I know I will not be paid for allowing the materials to be used and I am giving this consent freely for myself (or as parent/guardian for my son/daughter)
Please be aware that separate forms may be required by certain establishments to use video on their premises.
The Term “materials” refer to x-rays photographs, video, audio, text, articles, emails, statements, case study notes, medical notes supplied by the individual.
Move Better Fitness Academy will take steps to ensure that materials provided under these terms and conditions will be used in an appropriate manner. We cannot be held responsible for any use of the above materials by a third party.
I understand that if I have chosen to NOT BE RECORDED IN ANYWAY then the above paragraphs in this section do not apply.
Attachment 3
Integrations
Team Up integrates with other services and Apps to provide a better experience for our clients/patients and for US to provide an efficient service. These integrations are essential for us to be able to communicate to you, to be notified of any changes with clients or classes, and for us to be able to use the full potential of our systems. These systems we use will be GDPR compliant and your data will only be accessible by Us.
Not all the integrated systems have access to personal data, some will use open opportunity data which only provides information about our classes and what we provide, this is so we can offer our services to different groups, organisations and people through different platforms, websites, and Apps. We provide further information in our privacy policy on our website.
By agreeing to these terms and conditions you confirm that you agree to these integrations as required by Us to provide Our services to you.
We use Wix for our membership site, you will need a separate log in to be able to access the member content. The content at present will be Free for any paid-up live classes/series memberships. Workshops or 1- 2 day courses do not have access to this content.
We may activate the forum for discussions on WIX these terms and conditions apply:- by agreeing to Our policy you agree to these terms and conditions.
Nothing on Our Site constitutes advice on which you should rely. Our Site is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to health, fitness or performance.
We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you and you are a consumer, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
We make reasonable efforts to ensure that Our content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date.
We are not responsible for the content or accuracy, or for any views expressed in any Posts submitted by Users. Any such views or content represent the views and values of the relevant User, and do not reflect Our views and values in any way.