Health Commitment Statement and Liability Waiver
***Please read this carefully before continuing***
Sleven Fitness Health Commitment Statement.
Your health is your responsibility. The management and staff of Sleven Fitness 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
1. 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.
2. We will make every reasonable effort to ensure that our equipment and facilities are in a safe condition for you to use and enjoy.
3. We will take reasonable steps to make sure that our staff are qualified to appropriate fitness industry standards.
4. 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
1. 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.
2. 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.
3. 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.
4. 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.
LIABILITY WAIVER
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:
1. Your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction.
2. The sudden and unforeseen malfunctioning of any equipment.
3. Our instruction, training, supervision, or dietary recommendations.
4. Your slipping and/or falling while in the building, or on the premises, including adjacent footpaths and parking areas.
You acknowledge that despite all the precautions that you, other members, and/or Sleven Fitness 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 signing 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 Sleven Fitness, 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.
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 dependent under 18 years of age, I give my consent to this waiver on their behalf.
SLEVEN MEMBERSHIP CONTRACT
The Member acknowledges and agrees the following:
1. I have chosen to undertake physical activities (which are subject to amendment from time to time at the option of either the Gym or the member): which can include, but are not limited to, 24Sleven, Sleven X, Strength, MetCon, Gymnastics, Strength X, Gymnastics X and Open Gym (‘the Activities’).
2. I acknowledge and agree the following additional terms in respect of the programme and price package that I have enrolled in:
(a) payment will be taken on a rolling monthly basis by auto-renew subject to the termination provisions contained in clause 14;
(b) for members on price packages expressed as "unlimited", it is acknowledged and agreed that "unlimited" means that the member may attend one coached class and Open Gym per day;
(c) for members on a package which is expressed as a set number of classes per month, it is acknowledged and agreed that Open Gym sessions will not count towards the monthly number of classes to which the member is entitled;
(d) it is acknowledged and agreed that all classes take priority over Open Gym use and if and to the extent that attendees of a class require use of space and or equipment in the gym, those attendees shall have priority with regard to the use of space and equipment over any member using the gym for Open Gym;
(e) it is acknowledged and agreed that if I cancel a session which I have reserved through the WODBoard app within 12 hours of the start time of the session, this will incur a £2.50 charge.
(f) if I do not attend a session which I have reserved through the WODBoard app, it is acknowledged and agreed this will incur a £5.00 charge.
(g) it is acknowledged and agreed that the Gym does not issue refunds.
3. Upon completion and full payment of a membership package, a member wishing to continue to attend classes or use the Gym’s facilities must enter into a new Agreement.
4. The Gym or any party designated by them may photograph or film me while I attend the premises of the Gym and use any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including, but not limited to, the internet and social media platforms.
5. The Activities require physical exertion which may be strenuous and cause physical injury, and I am fully aware of the risks and hazards involved. I hereby represent that I am physically fit to receive and participate in the prescribed activities. I acknowledge that I have been advised to consult with a physician prior to and regarding my participation in the Activities and that my physician has confirmed to me that I have no medical condition which would affect my full participation in the Activities.
6. In consideration of my being permitted to participate in the Activities, I for myself, my heirs, executors, administrators, successors, assigns and anyone else who may claim on my behalf hereby waive any and all claims, liability and damages I may now or in the future have against the Gym its directors, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns, arising by any means whatsoever, including, but not limited to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused arising from or in connection with my participation in the Activities, however caused.
7. I further hereby release, remiss and forever discharge the Gym its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns from and against all demands, claims, actions, damages, costs and expenses arising from or with respect to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused, arising from or in connection with my participation in the Activities whether or not caused by, in whole or in part, the negligence or gross negligence of the Gym.
8. I will hold harmless and indemnify the Gym its directors, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns from any and all liability for any damage or injury to the property or persons of any third party resulting from my involvement in or presence during any of the Activities.
9. I will comply with all the rules and regulations of the Gym as may be advertised in the Gym’s premises or provided to me in hard copy or electronically from time to time.
10. I acknowledge that the Gym has the right to refuse me entry to its premises if at any time I have unpaid balances which are due and payable to the Gym.
11. I hereby agree that if the Gym is unable to process my payment from the designated account provided by me the Gym is permitted to use any of the other account information provided as many times and as often as needed to replace the unpaid payments.
12. In addition to any rights and remedies it may otherwise have, the Gym may terminate this Agreement upon ten days' written notice to me if I fail to comply with my obligations under this Agreement and do not remedy any such failure within ten days after receiving notice of such failure.
13. Failure to participate in the Activities does not relieve me of the obligation to pay the full fees for the membership package for which I have purchased.
14. I understand that this Agreement may be cancelled at any time by giving 30 days notice.
Any notice given pursuant to this clause 14 (the ‘Cancellation Period’) shall be served in the WODBoard app. I further acknowledge and agree that any sums owing in the Cancellation Period will continue to be due and payable as per the terms of this Agreement.
15. I confirm that my acceptance of the payment terms of this Agreement does not create any binding obligation for the Gym to maintain the same membership pricing on an on-going basis and that membership prices may be increased from time-to-time. The Gym undertakes that 60 days notice of any proposed increases in membership pricing will be given.
16. All payments will be made on a monthly auto-renewal basis on the same day of the membership purchase.
17. Members on unlimited contracts may request a contract freeze subject to the following conditions:
(a) Minimum freeze of seven days;
(b) Maximum freeze of 14 days;
(c) The aggregate number of days frozen shall not exceed 14 days in any 12 month period;
(d) The member must be absent from the Gym (for both classes and Open gym) for the duration of the freeze;
(e) Freeze fees and cancelled memberships as a result of illness or injury may be waived at the Gym’s discretion and subject to the production of a note from a doctor or physiotherapist.
(f) If the freeze date is after the next charge then the next payment is simply prorated for the time frozen. For example:
The member pays £219 on 1 April for a month unlimited membership
The member emails Sleven Support on 15 April requesting Sleven to freeze 14 May-27 May
The member is billed £116.8 on 1 May to cover the period 1 May-13 May and 28 May-31 May
(g) If the freeze date is before the next payment, then a credit note will be applied. This is to cover membership days on the previous payment that have not been used. For example:
The member pays £219 on 1 April for the unlimited membership
The member emails Sleven Support on 14 April requesting Sleven to freeze 15 April-28 April
A credit note of £102.20 is applied to the next payment to cover the period 15 April-28 April and the member will be billed £116.80 on 1 May.
(h) Each freeze request incurs a £10 administration fee and must be made in advance of the freeze period.
(i) All calculations are made with the assumption that all calendar months have 30 days.
18. Members on limited contracts (3 times per week (13 classes per month), 2 times per week (9 classes per month) and 1 time per week (5 classes per month) contracts) may not request a contract freeze.
(a) Members are able to upgrade or downgrade between the following memberships: Unlimited, 3 times per week (13 classes per month), 2 times per week (9 classes per month) and 1 time per week (5 classes per month).
(b) Members are able to upgrade memberships at any time, downgrades are processed on the membership renewal date
19. I confirm that the provisions in this Agreement constitute the entire agreement between the parties hereto and supersede all prior communications, proposals, representations and agreements, whether oral or written with respect to the subject matter of this Agreement.
20. I acknowledge receiving a copy of this Agreement.
21. I understand my rights and obligations as stated above. I confirm that I am the full age of eighteen years (unless otherwise indicated below) and that I have read and understood this release and waiver of liability and I am aware that by signing this Agreement I am waiving certain legal rights, including the right to claim damages which I or my heirs, executors, administrators, successors or assigns may have against the Gym.
22. This Agreement and any non-contractual obligations arising out of it shall be governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction in relation to any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
SLEVEN FITNESS LIMITED PRIVACY POLICY
We are committed to protecting your privacy when dealing with your personal information. This privacy notice provides details about the information we collect about you, how we use and protect it. It also provides information about your rights. If you have any questions about how we handle your information, please contact us at support@slevenfitness.com.
ICO Registration: ZA472376
PRIVACY POLICY
This policy covers the collection, processing and other use of personal data under the Data Protection Act 1998 (‘DPA’) and the General Data Protection Regulations (‘GDPR’). For the purpose of the DPA and GDPR we are the data controller and any enquiry regarding the collection or processing of your data should be addressed to Tim Lawrence at our address 103 Tinworth Street, London SE11 5EQ.
Sleven Fitness Limited (‘us’, ‘we’, or ‘our’) operates the www.slevenfitness.com website (the ‘Service’).
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
We will not use or share your information with anyone except as described in this Privacy Policy.
We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.
INFORMATION COLLECTION AND USE
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address.
For all our customers, we may collect information from:
your parent or guardian, if you are under 18 years old; a family member, or someone else acting on your behalf; or if you are training under medical supervision doctors, other clinicians and health-care professionals, hospitals, clinics and other health-care providers.
Your payment information (e.g. credit card details) provided when you pay for our services is not received or stored by us. That information is processed securely and privately by the third-party payment processors that we use. Sleven Fitness Limited will not have access to that information at any time. We may share your personal data with our payment processors, but only for the purpose of completing the relevant payment transaction. Such payment processors are banned from using your personal data, except to provide these necessary payment services to us, and they are required to maintain the confidentiality of your personal data and payment information.
LOG DATA
We may also collect information that your browser sends whenever you visit our Service (‘Log Data’). This Log Data may include information such as your computer’s Internet Protocol (‘IP’) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyse this type of information in order to increase our Service’s functionality. These third-party service providers have their own privacy policies addressing how they use such information.
SERVICE PROVIDERS
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
COMMUNICATIONS
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
USE OF INFORMATION
To notify you about any changes to our website, such as improvements or service/product changes, that may affect our service;
If you are an existing customer, we may contact you with information about goods and services similar to those that were the subject of a previous sale to you;
Where you have consented to receive such information, to provide information on other parties’ products or services that we feel may be of interest to you;
Where you have consented to receive our e-newsletters, from time to time to provide that to you.
To exercise our rights, to defend ourselves from claims and to keep to laws and regulations that apply to us and the third parties we work with.
COMMUNICATIONS
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
CONTROLLING THE USE OF YOUR DATA
If you have given us consent to use your data for a particular purpose you can revoke or vary that consent at any time. If you do not want us to use your data or want to vary the consent that you have provided you can write to us at the address detailed in clause 2 or email us at support@slevenfitness.com at any time.
WHERE WE STORE AND TRANSFER YOUR DATA
As part of the services offered to you, for example through our Website, the information you provide to us may be transferred to and stored in countries outside of the European Economic Area (‘EEA’) as we use remote website server hosts to provide the website and some aspects of our service, which may be based outside of the EEA, or use servers based outside of the EEA – this is generally the nature of data stored in “the Cloud”. It may also be processed by staff operating outside the EEA who work for one of our suppliers, e.g. our website server host, or work for us when temporarily outside of the EEA.
A transfer of your personal data may happen if any of our servers are located in a country outside of the EEA or one of our service providers is located in a country outside of the EEA. If we transfer or store your personal data outside the EEA in this way, we will take steps with the aim of ensuring that your privacy rights continue to be protected, as outlined in this privacy policy and in accordance with the DPA and GDPR. If you use our service while you are outside the EEA, your personal data may be transferred outside the EEA in order to provide you with these services.
We do not use or collect or disclose sensitive personal data, such as race, religion, or political affiliations, without your explicit consent.
We may disclose your personal data outside of our group: (a) in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; and (b) if the Sleven Fitness Limited business is bought by a third party, in which case personal data held by it about its customers will be one of the assets to transfer to the buyer. However, any such transfer will only be on terms that the confidentiality of your personal data is protected and that the terms of this privacy policy will continue to be complied with by the recipient.
Otherwise, we will process, disclose or share your personal data only if required to do so by law or in the good faith belief that such action is necessary to comply with legal requirements or legal process served on us or the website.
We use that third parties such as:
· Google analytics to monitor website use and behaviour
· Mailchimp to send newsletters, updates and promotional material
· WODBoard for bookings
You have the right to opt out of our processing your personal data for marketing purposes by contacting us at support@slevenfitness.com.
SECURITY
The security of your Personal Information is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. As such we make no warranties as to the level of security afforded to your data, except that we will always act in accordance with the relevant UK and EU legislation.
YOUR RIGHTS
The DPA and GDPR give you the right to access information held about you by us. Please write to us or contact us by email if you wish to request confirmation of what personal information we hold relating to you. You can write to us at our registered business address or by email to support@slevenfitness.com. There is no charge for requesting that we provide you with details of the personal data that we hold. We will provide this information within one month of your requesting the data.
You have the right to change the permissions that you have given us in relation to how we may use your date. You also have the right to request that we cease using your data or that we delete all personal data records that we hold relating to you. You can exercise these rights at any time by writing to our registered business address or by email to support@slevenfitness.com.
COMPLIANCE WITH LAWS
We will disclose your Personal Information where required to do so by law or in accordance with an order of a court of competent jurisdiction, or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
CHANGES TO PRIVACY POLICY
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.
JURISDICTION
This Policy shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
INTELLECTUAL PROPERTY
The contents, design and underlying code of this web site remain the intellectual property of Sleven Fitness Limited at all times. You may not use or reproduce or allow anyone to use or reproduce the content on this web site for any reason without written permission from Sleven Fitness Limited.
USE OF SLEVEN FITNESS LIMITED CONTENT
You may retrieve and display content from this web site, print individual pages on paper and store such pages in electronic form on your mobile telephone for your personal, non-commercial use.
Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the content.
Any use of this website’s content not specifically permitted above is prohibited. Requests for permission for other uses may be sent to Sleven Fitness Limited, 103 Tinworth Street, London SE11 5EQ.
TERM AND TERMINATION
Sleven Fitness Limited may terminate or suspend your access to all or part of this web site with or without cause by delivering notice to you.
CHANGES TO THE SITE
Sleven Fitness Limited reserves the right to suspend, change, modify, add or remove portions of this web site at any time and to restrict the use and accessibility of the web site.
NO WARRANTY, DISCLAIMER OF LIABILITY & INDEMNITY
Sleven Fitness Limited makes no warranty concerning the content, products and services available on this web site. In no event will Sleven Fitness Limited or its suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on this web site. Sleven Fitness Limited does not guarantee the accuracy, content, or timeliness of the products and services available on this web site.
FORCE MAJEURE
Sleven Fitness Limited and its suppliers will not be liable for any delay or failure in performance or interruption of the delivery of the content on this web site resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions
