Aspire Fitness Solutions

Terms and Conditions

 

Please read the following terms and conditions relating to your membership of Aspire Fitness Solutions. Then click “I Accept!” and you will be redirected to the online calander where you can enrol for a class.

 

These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be bound by them.

 

1, Nomenclature

A. “Studio” means a facility owned and operated by Aspire Fitness Solutions

B. “Studio Rules” means the rules and regulations governing the use of Aspire Fitness Solutions

C. “Aspire Fitness Solutions” “us” “we” and “our” means Aspire Fitness Solutions

D. “Member” “you” and “your” means members.

E. “PAR Questionnaire” –means the physical activity readiness questionnaire completed by you online.

 

2. Class bookings

Monthly members and day pass members

A. Valid class credits may be used to book your chosen class(es;).

B. You can only book classes:

i. when your membership is active; and

ii. up to and including the date on which your membership expires.

 

3. Your Membership

A. You must complete the PAR Questionnaire before you start using your membership and by completing the PAR Questionnaire warrant to us that you have no known condition or are undergoing any treatment that would prevent you from being capable of physical exercise in all material respects.

B. On entry into this Membership Agreement and every time you join a class during your membership, you warrant and represent to Aspire Fitness Solutions that you have no medical conditions known to you that would mean that you are not capable of all forms of exercise and that such exercise will not be detrimental to your health. If in doubt, it is your sole responsibility to consult a medical practitioner or to inform the class leader.

C. Your membership allows you to access Aspire Fitness Solutions in accordance with the type of membership option that you have selected as set out above.

D. We may assign the benefit of your Membership Agreement or the ownership of your Aspire Fitness Solutions to another operator, firm or company at any time without giving you notice. Your membership will continue to be valid Your membership applies to you personally: you cannot lend, assign or transfer it to another person.

E. We reserve the right to implement a waiting list at any time if we deem it necessary to do so.

F. We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you.

 

4. PAYMENT OF FEES

A. By completing the online application form and agreeing to be bound by these Terms and Conditions; you agree to pay all Aspire Fitness Solutions membership and other fees on time.

B. In addition to your monthly, annual prepaid, daily usage, extra add on package or other membership fees

C. Paying by monthly Direct Debit: Your first month’s membership fees are collected from you by us by Direct Debit 3-5 working days from your membership application date and are non-refundable under any circumstances with the exception of the Direct Debit Money Back Guarantee. Your second and subsequent Direct Debit for monthly membership fees will be collected from you on the monthly anniversary of the date of your membership application for the club which you applied for membership.

D. Paying monthly by card: Your first month’s Membership fees are due immediately and will be taken as soon as you complete your online membership and are non-refundable under any circumstances. Your second and subsequent payment will be collected from you on the monthly anniversary of the date of your membership application for the club which you applied for membership.

E. Prepaying daily by card: daily memberships for a specified day can be prepaid via credit or debit card on the website.

F.Prepaying annually: annual membership can be paid via credit card, debit card or direct debit. If you have chosen to prepay for annual membership via Direct Debit, the above applies except the collections will be for a 12-month period and subsequent Direct Debits will be collected on the annual anniversary of membership.

G. Your membership fees are subject to periodic increases and we reserve the right to pass on any changes in the rate of VAT to you. Fees will normally be reviewed on an annual basis but circumstances may dictate an earlier revision. You will normally be given one months-notice of any fee change. Membership dues for prepaid annual memberships will be reviewed only on renewal.

H. All payments made are non-refundable under any circumstances, except in relation to the Direct Debit Money back Guarantee.

 

5. DATA COLLECTION

A. In the course of your membership, we may collect certain personal information about you including personal details, financial details and information about your health. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications via the website. You have the duty to keep your personal information up to date and to inform us of any significant changes.

B. We will limit access to the processing of and use of your personal information to our employees and management who may, from time to time, require its use for marketing or other services. In addition, from time to time, we may need to make your personal information available to third parties such as legal authorities, our group companies and professional advisors.

C. Please contact the manager if you have any questions or concerns about how we will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.

D. We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes.

E. As a member of Aspire Fitness Solutions, you acknowledge that you have read and understand the provisions of this paragraph 7 and that you agree that we may collect, use, process and disclose your personal information as described.

 

6. CANCELLATION BY YOU:

Cancellation of your membership

A. Monthly Direct Debit Membership: You may cancel your membership by cancelling your direct debit after the payment of the first month’s fees  and no less than 5 working days before your next direct debit is due. Your cancellation will take effect at the end of the month for which the final direct debit payment has been paid.

B. Monthly card membership: You may cancel your membership at any time after the payment of the first month’s fees and no less than 5 working days before your next payment is due, by instructing to cancel your membership. Your cancellation will take effect at the end of the month for which the final payment has been paid.

C. Annual Pre-paid Membership: You may cancel your membership on at least one month’s written notice before the expiry of the membership and that cancellation of your membership will take effect on the anniversary of your first payment date.

 

Cancellation of Class bookings

A. Classes booked must be cancelled no less than 24 hours before the class’s advertised start time.

B. We may cancel your membership if you fail to attend classes or appointments; the money back guarantee depends on your attendance at all classes and appointments. Formal warnings will be given in advance of any such cancellation.

 

7. FORCE MAJEURE

A. For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of Aspire Fitness Solutions including but not limited to strikes, lock-outs or other industrial disputes (whether involving Aspire Fitness Solutions or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

B. Aspire Fitness Solutions shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.

C. If the Force Majeure Event prevents Aspire Fitness Solutions from providing any of the services for more than 90 days, Aspire Fitness Solutions may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you.

 

8. Refund Policy

A.Refunds for remaining prepaid membership is entirely at our descretion and will be made only uder exceptional circumstances.

B.Refunds for products purchased from the online shop will be made in full for up to 14 days but only for normal stock items. Refunds will not be possible for garments that have been provided as one-off orders in a particular design, colour and size.

 

 

9. GENERAL

A. Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.

B. Where a provision of this agreement is deemed to be invalid or unenforceable by any court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.

C. We may assign or transfer the benefit of this agreement our obligations under it, to any other legal entity at any time without notice to you.

D. All and any Intellectual Property Rights in or arising out of or in connection with the services provided or in relation to this agreement shall be owned by Aspire Fitness Solutions

E. Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.

F. Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.

G. This agreement shall be governed by English law & their courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it.