MEMBERSHIP TERMS & CONDITIONS
By accessing, browsing, and/or using the Site and/or any facility operated by F&S Fitness under the brand Vive Fitness (the “Studio”), you accept and agree to be bound to these Terms.
In addition, when using particular Studio services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.
In the Terms and Conditions the following definitions apply:
“Company” means F&S Fitness Ltd, registered address 17 Carlisle Street, First Floor, London, W1D 3BU
“Member” means any person that has completed and submitted the online registration form (the “Registration Form”) at the website www.vivefitness.co.uk and which registration has been accepted by the Company.
“Studio” means any one of the Vive Fitness studios, and a reference to a Studio in the Terms and Conditions will be to the relevant studio at which a Member has booked to attend a session.
“Terms and Conditions” means these terms and conditions.
The Terms and Conditions are incorporated into the Registration Form.
The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. You agree to review the Terms regularly and your continued access or use of the Site will mean that you agree to any changes.
The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
If you access and use this Website, you accept and agree to be bound by and comply with these terms. If you do not accept the Terms, do not use the Site.
Subject to these terms and conditions, when a person has completed the Registration Form they will become a Member of the Studio.
Acceptance of a person as a Member is in the absolute discretion of the Company.
The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended.
All applicants must be over the age of 16 years.
STUDIO RULES AND OPENING HOURS
Details of opening hours and class times at the Studio are published at www.vivefitness.co.uk
Members are required to follow the instructions of the instructor at all times.
Members are required to arrive 10 minutes before the session starts. Late arrivals will not be accepted.
SESSION PASS GENERAL TERMS
The Pass is a non-contract re-occurring payment that allows the user to access the studio. The Pass is to be used by the holder only and cannot be shared. Package holders receive the number of classes commensurate with the package purchased. Such classes may be redeemed at any studio operated by F&S Fitness Ltd until such time that the Package is exhausted whether through consumption or expiry.
If we are notified at least 24 hours ahead of time of any schedule conflicts, it is possible to cancel the session and rebook to at a later date. A “late cancel”, i.e. less than 24 hours before the session, or a “no show” the session will be charged the full amount and not be re-credited.
Monthly Direct Debit 1 x Weekly
The 1 x Weekly monthly Direct Debit allows users to use a single session per week starting from the day of activation, this pass can be cancelled at any time with a notice period of minimum 1 month from the date of renewal
Monthly Direct Debit 2 x Weekly
The 2 x Weekly monthly Direct Debit allows users to use a single session per week starting from the day of activation, this pass can be cancelled at any time with a notice period of minimum 1 month from the date of renewal
10 SESSION PASS
The 10 Session Pass allows users to use up to 10 sessions to be used in 3 months contract starting from the day of activation.
20 SESSION PASS
The 20 Session Pass allows users to use up to 20 sessions to be used in 6 months contract starting from the day of activation.
50 SESSION PASS
The 50 Session Pass allows users to use up to 50 sessions to be used in 12 months, contract starting from the day of activation.
Members must provide their credit or debit card details, and will be processed in British Pounds at the time of payment. F&S Fitness Ltd is not responsible for any fees, charges, exchange rates or additional charges levied by individual financial institutions or credit or debit card companies.
A Member may not attend any class at the Studio without first booking and paying for the relevant class.
Unless expressly stated to the contract herein, or as provided by applicable law, payments are nonrefundable and there are no refunds or credits for partially used periods.
A Member may only book or reschedule classes for themselves via their personal user access on the app Vive Fitness or the web at www.vivefitness.co.uk. All other ways of cancellations are not acceptable for Early Cancellation.
Classes are booked on a first-come first-served basis. Late arrivals to the class will not be accepted.
EMS underwear and Accessories acquired may be returned within 14 days for exchange only. Returns are valid only for products that have not been opened, used or damaged. Products which are defective or damaged upon arrival may be returned immediately for exchange.
TERMINATION BY F&S FITNESS
You agree that F&S Fitness, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with F&S Fitness or use of the Studio and remove and discard all or any part of your account or any content uploaded by you, at any time.
F&S Fitness may also in its sole discretion and at any time discontinue providing access to the Studio, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have may be effected without prior notice, and you agree that F&S Fitness will not be liable to you or any third party for any such termination.
REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS
You agree that the information you provide to F&S Fitness on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.
Your privacy is important to us All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR. For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Notice.
By using the Site, you promise to respect our facility, procedures, teams, customers, and equipment
We do not permit You to:
- smoke anywhere on Our premises.
- make or receive mobile phone calls at Our premises. Mobile phones should be switched to silent mode during a Fitness Class
- bring to Our premises any children under the age of 10 as We do not have anyone to supervise them, unless advised otherwise.
- bring any animals into Our premises with the exception of guide dogs. If You require the use of a guide dog, You should inform Us of that when You register, unless advised otherwise.
- bring any crockery, glass, drink (except water) or food into any part of Our premises. Only water, either in a plastic bottle or paper cup, is permitted in Our premises.
EMS requires a specific clothing, you will have the possibility to acquire one at our premises, alternatively we will provide one to you. Clothing can be stored in lockers in the changing areas. Loosely swinging or sharp jewellery should be removed before a Fitness Class.
FITNESS AND HEALTH
You acknowledge that Training Sessions may be physically strenuous, and you agree that you voluntarily participate in such Training Sessions with full knowledge that even if we and the relevant fitness trainer is not negligent there is a risk of personal injury or illness arising from your participation in such Training Sessions.
You will at all times be responsible for your own state of health, physical condition and wellbeing. You must ensure that you are fit and well enough to participate in any Training Session that you book. Certain Training Sessions or parts or aspects of such sessions and/or of fitness programmes may be unsuitable for you if you have special needs, or any medical, health or fitness problem or condition.
If you have any concerns about your fitness or health, you should seek appropriate medical advice from a relevant professional medical or other adviser before attending a Training Session, and where necessary, you must obtain clearance from a relevant professional medical or other adviser before booking or attending any Training Session. We cannot and do not provide any such advice or clearance. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.
You agree that when you register and when you book and attend any Training Session, that will be your confirmation that you have no health or fitness problems which may affect your participation in any Training Sessions, and that you have obtained medical or other clearance where necessary.
If you do not tell us before a Training Session of anything referred above and we then discover, we will be entitled not to provide some or all of that Training Session. We may also cancel any other remaining Training Sessions in the package and in that case, we will refund you for each of the remaining Training Sessions.
You must not attend any Training Session when under the influence of alcohol or illegal drugs.
You acknowledge and agree that a Training Session usually involves a certain amount of physical contact between Our fitness trainer and a client to ensure proper technique or to provide support.
In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries or damages resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities save in respect of death or personal injury caused by the negligent act or omission of the Company.
LIMITATION OF LIABILITY
The Company cannot be held responsible for any particular class, instructor and/or item of equipment not being available for whatever reason. The Company reserves the right to make alterations to the classes, instructors and/or equipment, as well as to those ancillary facilities (e.g. showers), provided to Members, without notice
The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
Under no circumstances, including, but not limited to, negligence, will F&S Fitness or its affiliates, contractors, employees, agents, or third party partners, or suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages arise from, or related to the use of the Studio, including those that result from the use or the inability to use the facilities in the Studio or the materials on the site, or any other interactions with F&S Fitness, even if the Company or an authorised representative has been advised of the possibility of such damages.
Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Notices will be sent to you at the email address that you provided to F&S Fitness during the registration process.
Notices may be sent to us at the email address: email@example.com. Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received.
Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.
We always welcome feedback from you and, whilst we always use all reasonable endeavours to ensure that Your experience as our client is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about our Training Sessions or any other complaint about Us, please raise the matter with us.
Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England.