TERMS AND CONDITIONS

Body U FIT Health-Club Ltd.

1. INTERPRETATION AND VARIATION

1.1 In these Terms and Conditions, the following definitions apply:
“Agreement” means the documentation evidencing the Sessions, packages of Sessions and/or other products purchased or to be purchased by the Client. The Agreement will be subject to these Terms and Conditions.
“Body U FIT Health-Club Ltd.” means Body U FIT Health-Club Ltd., a Company limited by shares incorporated and registered in the British Virgin Islands with Company number 2025445 (trading as Body U FIT Health Club).
“Client” means any person that has purchased Sessions with Body U FIT Health-Club or has been accepted as a member of Body U FIT Health-Club and has a valid subscription and/or contract that has not expired.
“Club” means Body U FIT Health-Club Ltd “Contract” means the contract between Body U FIT Health-Club Ltd. and the Client comprising these Terms and Conditions and the Agreement.
“Personal Trainer/Therapist” means the designated personal trainer or therapist assigned to the Client as their personal trainer or therapist to supervise or carry out the Sessions purchased by the Client from time to time or such other substitute or replacement Personal Trainer or Therapist as shall be assigned to the Client from time to time.
“Sessions” means training, treatment or other session provided by or on behalf of Body U FIT Health-Club Ltd. at the Facility.
“Facility” means Body U FIT Health-Club Ltd.’s Facility and locations as published on the Website from time to time.
“Terms and Conditions” means these terms and conditions.
“Website” means www.bodyufit.com or such other website used by Body U FIT Health-Club Ltd. to promote the business.

1.2 Body U FIT Health-Club Ltd. reserves the right to vary and revoke these Terms and Conditions from time to time which it may consider necessary or desirable for the regulation of the internal affairs of the Facility and/or the conduct of Clients. Any such changes will be either published on the Website or circulated to Clients and, until revoked, are binding on Clients.

2. LIMITATION OF LIABILITY

2.1 The Client accepts and agrees that:

2.1.1 Neither Body U FIT Health-Club Ltd., nor its employees or agents nor the Personal Trainer/Therapist shall be liable for any loss, damage or theft of any property (including bicycles) belonging to, or brought onto or left outside any Body U FIT Health-Club Ltd. premises by the Client or any guest of the Client, unless, in accordance with condition

2.1.2 below, such loss, damage or theft was caused by the negligence of Body U FIT Health-Club Ltd., or its employees, agents or sub-contractors or the Personal Trainer/Therapist, and the Client hereby holds Body U FIT Health-Club Ltd, its directors, officers, employees and agents harmless from any and all claims which may be brought against them in respect of loss or damage to a client’s property when it is inside or outside of the Facility.

2.1.3 Vehicles, bicycles and their contents, parked or locked up on or outside the Facility are left at the owner’s risk and Body U FIT Health-Club Ltd. will accept no liability for loss, damage or theft in respect thereof, unless, in accordance with condition 2.1.3, such loss, damage or theft was caused by the negligence of Body U FIT Health-Club Ltd. or its employees, agents or sub-contractors or the Personal Trainer/Therapist.

2.1.4 Nothing in these Terms and Conditions shall limit or exclude Body U FIT Health-Club Ltd. or the Personal Trainer/Therapist liability for:

2.1.4.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors or the Personal Trainer/Therapist;

2.1.4.2 fraud or fraudulent misrepresentation;

2.2 Subject to clause 2.1:

2.2.1 Neither Body U FIT Health-Club Ltd. nor the Personal Trainer/Therapist shall under any circumstances whatsoever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and Body U FIT Health-Club Ltd.’s and the Personal Trainer/Therapist’s total aggregate liability to the Client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed:

2.2.2.1 $500 per claim; and

2.2.2.2 in respect of all claims in any consecutive 12 month period, the equivalent of the total charges paid by the Client to Body U FIT Health-Club Ltd. in that period.

2.3 It is the Client’s responsibility to ensure that, in accordance with condition 3 of these Terms and Conditions, their physical condition is appropriate for participating in the Sessions and to ensure that they do not operate or use any Facility and/or equipment provided by Body U FIT Health-Club Ltd. or the Personal Trainer/Therapist, including the adjustment of levels or settings on any equipment without a Personal Trainer/Therapist. The Client should always operate equipment under the supervision of a Personal Trainer/Therapist and it is the Client’s responsibility to ensure that it is trained in the safe use of the equipment and the Facility and that the Client establishes that any equipment is safe to be used before each usage of that equipment.

2.4 The Client acknowledges that liability for any injury suffered by the Client in receiving training in the Facility with the Personal Trainer/Therapist shall remain the liability of the Personal Trainer/Therapist and not Body U FIT Health-Club Ltd.

2.5 Except as set out in these Terms and Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

2.6 This clause 2 shall survive termination of the Contract.

3. FITNESS AND HEALTH

3.1 The Client warrants and represents to Body U FIT Health-Club Ltd. and the Personal Trainer/Therapist on the date of their acceptance of these Terms and Conditions and on each occasion that the Client uses the Facility that the Client is in good physical condition and that the Client knows of no medical or other condition why the Client is not capable of engaging in the Sessions provided by the Personal Trainer/Therapist at the Facility.

3.2 Neither Body U FIT Health-Club Ltd. staff nor the Personal Trainer/Therapist are medically trained and are therefore not qualified to assess whether the Client is in good physical condition and/or that the Client can engage in any exercise without detriment to the Client’s health, safety, comfort or physical condition. Notwithstanding any consultation on exercise program which may be provided by a staff or Personal Trainer/Therapist of Body U FIT Health-Club Ltd, it is hereby understood that the selection of any exercise program, methods and type of equipment shall be the Client’s sole responsibility, and Body U FIT Health-Club Ltd., shall not be liable to Clients or Client’s family for any claims, demands, injuries, damages, or actions arising due to injury to the Client’s person arising out of a pre-existing medical condition or in connection with the use by the Client of the services and facilities of Body U FIT Health-Club Ltd. Further, any pre-screening carried out on the Client by Body U FIT Health-Club Ltd. staff or the Personal Trainer/Therapist shall be for their personal reference and shall not in any way confirm that the Client is physically able to engage in the Sessions.

3.3 Clients are advised not to undertake any physical activity without first seeking medical advice if they have concerns over their physical condition. Body U FIT Health-Club Ltd. and the Personal Trainer/Therapist reserves the right to refuse access to any Client if, in their absolute discretion, they consider that the health of the individual concerned may be endangered by the use of the Facility.

3.4 Clients shall not use Body U FIT Health-Club Ltd.’s Facility nor engage with a Personal Trainer/Therapist if they are suffering from any medical conditions, including, but not limited to: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to the health, safety, comfort or physical condition of the Client and other Clients using the Facility or engaging with a Personal Trainer/Therapist. If there is any doubt, Clients should consult their doctor and must notify Body U FIT Health-Club Ltd. and the Personal Trainer/Therapist of any circumstances affecting their health, which may be exacerbated through continued use of the Facility.

3.5 Clients are required to follow the instructions of the Personal Trainer/Therapist at all times.

4. PERSONAL BELONGINGS

4.1 Personal belongings brought into the facility shall at all times remain at the Client’s risk including any personal belongings stored in lockers provided by Body U FIT Health-Club Ltd.

4.2 All lost property found at the Facility should be handed to the reception. Lost property will be stored for a period of 7 days, after which the management reserve the right to dispose of lost property as they in their absolute discretion see fit.

5. PAYMENT

5.1 Prior to their first assessment, the Client agrees to:

5.1.1 Make an initial payment by way of credit/ debit card to cover the first instalment payment for their selected package.

5.1.2 Provide card details to set up an auto-pay for recurring payments for instalments and/ or rolling contracts.

5.2 Card details provided to Body U FIT Health-Club Ltd. for auto-payments must have no less than 6 month’s expiry

5.3 The Client agrees that Body U FIT Health-Club Ltd. will be entitled to debit package instalments as well as additional purchases made on a monthly basis from the card details provided.

5.4 All sessions taken outside of The Client’s package will be charged at the current individual session price. The Client agrees that Body U FIT Health-Club Ltd. will be entitled to take these payments from the credit card kept on file.

5.5 Package payments are non-refundable and Clients will remain liable to pay for their packages in full, whether or not they have completed all their Sessions.

5.6 All Sessions expire in 12 months from the date of purchase, unless stated otherwise.

5.7 Rolling Contracts require 1month’s written notice to cancel, and cannot be cancelled within the first three months of setting-up.

5.8 Payments for Body U FIT’s Rolling Contracts are made automatically online. The Client acknowledges that this payment method will remain subject to these Terms and Conditions. Clients will remain liable for any failed payments.

5.9 In the event that a Client is unable to attend a session for whatever reason Body U FIT Health-Club Ltd. and the Personal Trainer/Therapist must be notified as soon as possible, and in any event, not less than 24 hours before the relevant Session is due to commence. Where less than 24 hours’ notice of cancellation is provided, the Client will forfeit the cost of that Session.

5.10 Body U FIT Health-Club Ltd. reserves the right to increase its fees and charges from time to time. The Client will be given 10 days’ written notice of any such change. 5.11 In the event that the Client fails to pay any amount due under the Contract for a period of more than 30 days, Body U FIT Health-Club Ltd. reserves the right to terminate the Client’s membership and refuse the Client to participate in any further Sessions.

6. TERMINATION

6.1 Any Client wishing to terminate their rights under this Agreement may do so by giving 30 days written notice to Body U FIT Health-Club Ltd. and the Personal Trainer/Therapist.

6.2 The Client shall not be entitled to any refund once notice to terminate has been given. Any Sessions pre-paid at the date of notice to terminate are required to be used within the 30 day notice period.

6.3 Body U FIT Health-Club Ltd. reserves the right to refuse admission and/or terminate the Client’s membership forthwith if, in the opinion of Body U FIT Health-Club Ltd., the Client is in persistent breach of these Terms and Conditions and/or the conduct of the Client is considered injurious to character or interests of Body U FIT Health-Club Ltd. or the Personal Trainer/Therapist and/or the Client is rude or abusive to an employee or the Personal Trainer/Therapist or fellow Client.

6.4 Any Client whose membership is terminated for the reasons set out in Clause 6.3 above, automatically forfeits any Sessions pre-paid at the date of the notice of termination.

6.5 Rolling Contracts cannot be cancelled within the first three months of purchase.

7. GENERAL

7.1 Sessions: Body U FIT Health-Club Ltd. and the Personal Trainer/Therapist reserves the right to change opening times for the Club, and Session times or to cancel Sessions at its discretion, and will endeavour to give Clients notice of such changes as is reasonably practicable.

7.2 Body U FIT Health-Club Ltd. Guidelines: The Clients must at all times observe Body U FIT Health-Club Ltd.’s guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Facility may issue to ensure the safety of the Clients and the smooth operation of the Facility for the convenience of all Clients.

7.3 Imaging: The Client hereby consents to having their photograph taken by Body U FIT Health-Club Ltd. at any time whilst at the Facility, which may be used by Body U FIT Health-Club Ltd. for press or promotional purposes.

7.4 Testimonials; The Client hereby agrees upon request to provide a testimonial to Body U FIT Health-Club Ltd., which can then be used by Body U FIT Health-Club Ltd. in its own publicity, marketing and advertising literature, including its website developed for the commercial exploitation of the Facility. The terms of the testimonial will be agreed between the Client and Body U FIT Health-Club Ltd. (acting reasonably and in good faith).

7.5 Right of Set-Off: Body U FIT Health-Club Ltd. may at any time, without notice to the Client, set off any liability of the Client to Body U FIT Health-Club Ltd., whether any liability is present or future, liquidated or unliquidated, and whether or not either liability arises under this agreement. Any exercise by Body U FIT Health-Club Ltd. of its rights under this clause shall not limit or affect any other rights or remedies available to it under these Terms and Conditions or otherwise.

7.6 Force Majeure: For the purposes of the Contract, Force Majeure Event means an event beyond the reasonable control of Body U FIT Health-Club Ltd. or the Personal Trainer/Therapist and including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Body U FIT Health-Club Ltd. or any other party), failure of a utility service or transport network act of God, war, riot, civil unrest, malicious damage, compliance with any law or governmental order, rule, regulation, or direction, accident, breakdown or accident, fire, flood, storm, hurricane or default of suppliers or subcontractors. Body U FIT Health-Club Ltd. shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

7.7 Assignment: Body U FIT Health-Club Ltd. may at any time assign the benefit of the Contract to a third party without notice to the Client.

7.8 Third Party Rights: A person who is not a party to the Contract shall have no rights under or in connection with it.

7.9 Waiver: A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

7.10 Variation: Except as set out in these Terms and Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by Body U FIT Health-Club Ltd.

7.11 Severance: If any clause within these Terms and Conditions is found to be unenforceable, then the offending term shall be severed from this Agreement.

7.12 Entire Agreement: These Terms and Conditions and the Agreement constitute the entire agreement between Body U FIT Health-Club Ltd. and the Client and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them whether written or oral, relating to its subject matter.

7.13 Governing Law: These Terms and Conditions and the Agreement and any disputes arising from them shall be governed by the laws of the British Virgin Islands and subject to the exclusive jurisdiction of the Courts of the British Virgin Islands.

8. PERSONAL DATA

8.1 We collect data when you; Make an enquiry via our website or phone call, Book in for a complimentary consultation with us, Sign up to one of our transformation programmes, nutritional or sports therapy Services, Book into personal training, or any type of session with us, Complete our online lifestyle survey ahead of your initial Assessment, Sign up to our newsletter via our website, Enquire about work or positions within the team, Recommend a friend, Complete a transformation programme, Attend our gym – where CCTV is operating at reception.

8.2 What personal data do we collect? When you make an enquiry via our website or phone we collect your name, phone number and email address. When you sign up to our services we collect additional information such as billing address, payment details, emergency contact details, previous or current health conditions that could affect your training etc. Some of this data is personal in nature and we collect this solely for the purpose of providing you with the services we agree to provide per our terms and conditions. When you purchase a service from us all of your transactional data is recorded and stored on our systems. Throughout the duration of your training programme, we take progress photos and body fat measurements. Any copies of health / medical notes for sports therapy or rehabilitative purposes. Payment card information. Your image will be captured on CCTV if you visit our gym.

8.3 Why do we collect this information? Collecting this information allows us to ensure we are able to deliver you the best experience possible with us, ensuring your programme is completely bespoke and tailored to help you achieve your optimum result. Your email address helps us to confirm your bookings with us and notify you of any news, upcoming promotions and events.

8.4 Under what basis do we collect this information? Before you sign up for our services, we collect some basic information where you provide your specific consent to our use of that information to contact you and send you information and other relevant communications related to our services. When you enter into a contract with us (consisting of a summary of the services purchased, together with our terms and conditions and this Data Protection Appendix), we collect additional information pursuant to our contract with you, as well as pursuant to express consent provided by you.

8.5 What do we do with your information? Your profile information is stored on our online booking system and is used to track your bookings, visit history and payment history – it is also used to schedule future bookings and payment schedules. Your completed questionnaires are stored on our online questionnaire portal and are used to help tailor our nutritional programming towards your personal goals. Your completed feedback surveys are stored on our online questionnaire portal and are used to analyse how well we’re doing – and in what areas we can improve on as a business. Your email address is used to send out confirmation emails for bookings, alongside any mews or promotions we think you might be interested in. If you apply for a job with us your CV is stored on our database of CVs in case a future position becomes available. If you recommend a friend we will use the details you provided us to contact your friend (and also award you with a free massage if they sign up!) Your photos and body fat measurements are used to track your progress and help us to make sure we are helping you achieve your goals. In some cases, we will use photos to share success stories both in-house and for marketing purposes. CCTV is recorded only for crime prevention purposes. Your information is stored in our database and is not sold to any third parties.

8.6 How long do we keep your information for? Your profile details (including name, address, billing information etc.) are stored on our online booking system – you can request for this to be deleted at your will, however, we will not be able to continue providing services to you without having this information on our system. Transactional data is stored on our online booking system and cannot be deleted. Progress photos, body fat measurements, health and medical notes etc. are retained for the duration of you being a client with Body U FIT Health-Club Ltd., and are held for up to one-year post-exit. You can request for this information to be deleted at any time. Payment card information is encrypted and stored for as long as you are a client with Body U FIT Health-Club Ltd. You can request for this information to be removed at any time post-exit. Our CCTV automatically records over itself every 30 days.

8.7 Your rights over your information. By law, you can ask us what information we hold about you, and you can ask us to correct it if it is inaccurate. You can also ask for it to be erased and you can ask for us to give you a copy of the information. You can also ask us to stop using your information – the simplest way to do this is to withdraw your consent, which you can do at any time, either by clicking the unsubscribe link at the end of any newsletter you receive from us, or by emailing, writing or telephoning us.

8.8 Change of Details: Clients are required to give written notice to Body U FIT Health-Club Ltd. and the Personal Trainer/Therapist of any change of address or email.

8.9 Communication: Body U FIT Health-Club Ltd. may communicate with the Client by email or text message. By providing an email address and/or mobile number to Body U FIT Health-Club Ltd. the Client consents to receiving email communications and/or text messages from Body U FIT Health-Club Ltd., including notices pursuant to these Terms and Conditions. The Client also accepts the risk that these methods may not be secure and confidential means of communication. Body U FIT Health-Club Ltd. will not be liable for any loss or damage suffered as a result of communicating with a Client by email.

8.10 Data Protection: Body U FIT Health-Club Ltd. shall only collect personal data as necessary to ensure the identity and ongoing safety of Clients. Such personal data is kept securely at the Facility and will not be passed to third parties. The Client consents to the processing of such data as necessary for legal, personnel, administrative and management purposes and for the purposes of Body U FIT Health-Club Ltd. providing the Client with information on products, services, special events and other general information as Body U FIT Health-Club Ltd. deems appropriate.

9. WARRANTIES

9.1 The Club operates an exercise Facility and will provide classes on schedules which may change from time to time. The Client acknowledges that it has not been induced to enter into this contract as a result of any warranties, whether express or implied, or any representations, collateral or otherwise, and all such representations and warranties are included, including as to:

• The opening times of the Club, or the schedule or the availability of any class or Personal Trainer
• The availability and condition of any equipment

10. CHILDREN

10.1 It is the responsibility of Clients and their guests to ensure the safety and welfare of any children that enter into the Facilities and to ensure that persons under the age of 18 years of age do not enter into any room which contains exercise equipment.

10.2 Clients are responsible for the conduct of their guests and any of their children that they bring to the Facility, and they shall indemnify the Club and hold the Club, its servants, agents and Personal Trainers harmless in respect of any personal injury, loss or damage which their children or guests might cause and any such loss and damage is limited to the extent set out in clause 2.1 above.