CFLDN LTD - Covid- 19
Please understand that despite all the precautions that you, other members, and/or CFLDN Ltd T/A CrossFit London may take, we cannot guarantee your health or safety, and you may still be exposed to COVID-19, including through interactions with other individuals who have COVID-19.
By executing this release and gaining access to the facility, you, on behalf of yourself, your heirs, beneficiaries, representatives, successors and assigns: (1) voluntarily assume all risks associated with any exposure to COVID-19, including, but not limited to suffering any type of medical condition, illness and, potentially, death; and (2) knowingly and voluntarily waive, release, covenant not to sue, forever discharge, indemnify, and hold harmless CFLDN Ltd T/A CrossFit London, its parents and subsidiaries and their respective officers, directors, employees, contractors, agents, representatives, successors and assigns (“Released Parties”) from any and all liability, damages, losses, suits, demands, causes of action to the fullest extent permitted by the laws of this state, or any other claims of any nature whatsoever, arising out of or relating in any way to your use of the facility and your potential exposure to COVID-19.
CFLDN LTD - Health Commitment / T's & C's
Health Commitment Statement and Liability Waiver
***Please read this carefully before continuing***
CFLDN (CrossFit London UK) Health Commitment Statement.
Your health is your responsibility. The management and staff of are dedicated to helping you take every opportunity to enjoy the facilities that we offer. With this in mind, we have carefully considered what we can reasonably expect of each other.
OUR COMMITMENT TO YOU
We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.
We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to use and enjoy.
We will take all reasonable steps to make sure that our staff are qualified to the fitness industry standards as set out by CrossFit, Inc.
If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.
YOUR COMMITMENT TO US
You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical professional and follow that advice.
You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.
You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not qualified doctors, but there will be a person available who has had first-aid training.
If you have a disability, you must follow any reasonable instructions to allow you to exercise safely. This statement is for guidance only. It is not a legally binding agreement between you and us and does not create any obligations which you or we must meet.
Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each client, guest, and all participating family members) agree that if you engage in any physical exercise or activity, or use any gym amenity on the premises or off premises, you do so entirely at your own risk. Any recommendation for changes in diet, including the use of food supplements are entirely your responsibility, and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property.
This waiver and release of liability includes, without limitation, all injuries which may occur as a result of:
Your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction.
The sudden and unforeseen malfunctioning of any equipment.
Our instruction, training, supervision, or dietary recommendations.
Your slipping and/or falling while in the building, or on the premises, including adjacent footpaths and parking areas.
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge the gym, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the gym for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the facility, its agents, and employees.
If any portion of this release from liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect, and only the offending provision or provisions shall be severed.
By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.
If I am the parent or guardian registering for my child or dependant under 16 years of age, I give my consent to this waiver on their behalf.
This is to confirm that CrossFit London takes the security and privacy of our customers very seriously. We strive to conform with the UK and European Data Protection laws. We do not share any information with third parties, nor do we collect or retain any information other than that necessary for us to provide our services to you.
How do we use personal information?
We will use your personal information necessary for us to provide our services to you. We do not share any information with unrelated third parties nor do we collect or retain any information other than is required for the provision of our products or services. Information collected during the online registration process will be stored securely. Information collected will be securely destroyed if it is no longer required by CrossFit London.
Where we engage third party contractors (e.g. coaches, presenters) to perform services for us, those third party contractors may be required to handle your personal information. Under these circumstances, those third party contractors must safeguard this information and must only use it for the purposes for which it was supplied, although we are not responsible for ensuring this. Other than the above, we will not disclose your personal information without your consent unless disclosure is either necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.
CrossFit London makes use of third party software to manage bookings, provided by WodBoard. WodBoard has their own privacy and data security policy with regard to client information. You can access this information on their website.
Security of information
Personal information collected by CrossFit London and our website (www.crossfitlondonuk.com) is stored in secure operating environments that are not available to the public. We will protect your personal information no matter where we process or store your data.
Changes to our Policy
From time to time, it may be necessary for us to review and revise this Policy. We reserve the right to change our Policy at any time and should this occur, the amendment would be posted on our website.
Class Time: Classes start on the hour. We ask members to turn up 5 minutes before and wait in the cafe area prior to class starting. This ensures the best experience and allows the class to run uninterrupted.
Monthly price: the monthly price is guaranteed to stay the same as your first monthly payment for the duration of the contract. All future purchases, following expiry or cancellation of an existing contract, will be subject to the contract price applicable at the time of purchase.
Auto payments: all payments will be made on the first of the month. Contract expires and unlimited classes end after contract term ends. Pro-rated months are paid in addition to your contract term.
If you were to start a contract on the 15th of the current month, you will be charged as follows:
Initial payment - 15th current month: pro-rate to the end of the month.
1st of 12 payments - 1st of the subsequent month.
Cancellations: cancellations are available with a minimum notice period of the following
Rolling monthly contract “premium 20” - 30 days notice
- The monthly Rolling contract will renew at £205 each month unless we receive notice that you do not wish for this to occur.
. As soon as we have received notification of intent to cancel, your final remaining payments will be adjusted to cover the remaining cancellation period.
After an individual has completed a contract they will have served their notice period and subsequent memberships will be subject to 30 days notice.
Contract freeze for holiday, illness or injury and extensions
Memberships freezes are carried out at a cost of £15/week
Carnets may be extended at the cost of a session per week
4 sessions left on carnet
Requested extension = 1 week
3 sessions remaining on carnet to fulfil extension.
• Minimum 1 week per contracted month
• Maximum 15 days per contracted month
• A notice period of at least one week must be given to action a freeze on a membership
• Contract freezes cannot be actioned during a cancellation notice period.
• Freeze fees and cancellation periods for illness or injury can be waived at management discretion on production of a doctor/physio note.
This contract is not available for use in conjunction with any other discounts or offers.
Late Cancellations and No Shows
Late Cancellations will result in a charge of £5 billed at midnight
No Shows will result in a £15 charge to your account billed at midnight.
Any passes/carnets/single sessions will be forfeit for no shows or late cancellations.
If you “late cancel” in the window you lose the session and there is a 5 pound charge.
If you do not show to a class that you have booked in, you lose your session and you will be charged 15 pounds.
We take our coaching, community and gym seriously and in order to maintain structure within the space, we have found that these measures listed above, keep everyone accountable. Fitness is fun and to keep it that way, there lie "rules within the sandpit"
Cancellation Period for Classes
Cancellations without charge must be done 2 hours prior to the class starting Monday through Friday.
Saturday and Sunday classes have an 8 hour cancellation window and must be cancelled out of this window for no charge to occur.
You agree that you are fully responsible for the above.
CFLDN LTD - Equipment Rental
IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner leases the Equipment to the Hirer, and the Hirer leases the Equipment from the Owner on the following terms:
1. The following definitions are used but not otherwise defined in this Agreement:
a. "Casualty Value" means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.
b. "Equipment" means Squat Rack, Concept 2 Rowing Machine, Rogue Echo Bike, 20 kg barbell, 15 kg barbell, Technique Barbell, Exercise Bench, Wallball (20 lb), Wallball (14 lb), Wallball (4 kg), Wallball (9 kg) and Wallball (16 lb) which has an approximate value of £3,000.00.
OF THE SECOND PART
c. "Total Loss" means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.
2. The Owner agrees to lease the Equipment to the Hirer, and the Hirer agrees to lease the Equipment from the Owner in accordance with the terms set out in this Agreement.
3. The Agreement commences on 8 January 2021 and will continue on a Monthly basis (the "Term").
Rent and Deposit
4. The rent for the Equipment will be ‘X’ amount dependant on the ‘Package’ chosen (the "Rent") and the Rent will be paid prior to the Hirer taking possession of the Equipment, and be billed each month ‘X’ on the 1st of every month.
5. The Hirer will pay a deposit of £100.00/200/300 (the "Deposit") before taking possession of the Equipment. The Owner will refund the Deposit to the Hirer at the end of the Term provided that the Hirer has performed all of the Hirer's obligations under this Agreement.
Delivery of Equipment
6. The Hirer will, at the Hirer's own expense and risk, pick up and transport the Equipment from Crossfit London.
Use of Equipment
7. Equipment must be used in a safe and responsible manner which minimises any risk to the equipment and the user. Equipment must be kept and stored in conditions that will prevent any damage or wear on said equipment. All equipment should, and must, be returned in the same state as was rented in.
Repair and Maintenance of Equipment
8. The Hirer will, at the Hirer's own expense, keep the Equipment in good repair, appearance and condition, normal and reasonable wear and tear excepted. The Hirer will supply all parts that are necessary to keep the Equipment in such a state.
9. If the Equipment is not in good repair, appearance and condition when it is returned to the Owner, the Owner may make such repairs or may cause such repairs to be made as are necessary to put the Equipment in a state of good repair, appearance and condition, normal and reasonable wear and tear excepted. The Owner will make the said repairs within a reasonable time of taking possession of the Equipment and will give the Hirer written notice of and invoices for the said repairs. Upon receipt of such invoices, the Hirer will immediately reimburse the Owner for the actual expense of those repairs.
10. The Hirer may, but is not obligated to, enforce any warranty that the Owner has against the supplier or manufacturer of the Equipment. The Hirer will enforce such warranty or indemnity in its own name and at its own expense.
11. The Equipment will be in good working order and good condition upon delivery.
12. The Equipment is of merchantable quality and is fit for the purposes it is ordinarily used.
Loss and Damage
13. To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.
14. If the Equipment is lost or damaged, the Hirer will continue paying Rent, will provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.
15. In the event of Total Loss of the Equipment, the Hirer will provide the Owner with prompt written notice of such loss and will pay to the Owner all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Hirer.
Ownership, Right to Lease and Quiet Enjoyment
16. The Equipment is the property of the Owner and will remain the property of the Owner.
17. The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
18. The Owner warrants that the Owner has the right to lease the Equipment according to the terms in this Agreement.
19. The Owner warrants that as long as no Event of Default has occurred, the Owner will not disturb the Hirer's quiet and peaceful possession of the Equipment or the Hirer's unrestricted use of the Equipment for the purpose for which the Equipment was designed.
20. At the end of the Term or upon earlier termination of this Agreement, the Hirer will return the Equipment at the Hirer's cost, expense and risk to the Owner by delivering the Equipment to Crossfit London. If the Hirer fails to return the Equipment to the Owner at the end of the Term or any earlier termination of this Agreement, the Hirer will pay to the Owner any unpaid Rent for the Term plus the Casualty Value of the Equipment plus 10% of the Casualty Value, at which point ownership of the Equipment will pass to the Hirer.
21. No insurance coverage for the Equipment is required under this Agreement.
22. The Hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and costs, arising out of or related to the Hirer's use of the Equipment.
23. The occurrence of any one or more of the following events will constitute an event of default ("Event of Default") under this Agreement:
a. The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer's obligations under this Agreement.
b. The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of the United Kingdom or another competent jurisdiction.
c. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
24. On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies (the "Remedies"):
a. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.
b. Apply the Deposit toward any amount owing to the Owner.
c. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
d. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.
e. Terminate this Agreement immediately upon written notice to the Hirer.
f. Pursue any other remedy available in law or equity.
25. The Hirer is entitled to the protection and remedies available to them under the Consumer Credit Act 1974.
26. THE HIRER WILL NOT ASSIGN THIS AGREEMENT, THE HIRER'S INTEREST IN THIS AGREEMENT OR THE HIRER'S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE OWNER.
27. If the Hirer assigns this Agreement, the Hirer's interest in this Agreement or the Hirer's interest in the Equipment without the prior written consent of the Owner, the Owner will have recourse to the Remedies and will be entitled to all damages caused by the assignment.
28. This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.
Address for Notice
29. Service of all notices under this Agreement will be delivered personally or sent by registered mail or courier to the following addresses:
Owner: CFLDN Limited, Arch 30, 150 Buckhurst Street, E1 5QT
Hirer: ______________________, _________________________________
30. All pound amounts in this agreement refer to pounds sterling, and all payments required to be paid under this Agreement will be paid in pound sterling unless the Parties agree otherwise.
31. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
32. This Agreement will be construed in accordance with and governed by the laws of England and the Parties submit to the exclusive jurisdiction of the English courts.
33. If there is a conflict between any provision of this Agreement and the applicable legislation of England (the "Act"), the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.
34. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement and the remaining provisions had been executed by both Parties subsequent to the expungement of the invalid provision.
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35. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
36. Time is of the essence in this Agreement.
37. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.
38. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.
Notice to Hirer
39. NOTICE TO THE HIRER: This is a lease. You are not buying the Equipment. Do not sign
this Agreement before you read it. You are entitled to a completed copy of this Agreement when you sign it.
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