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; and

4) 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. [initial]

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.

REFUND & CANCELLATION POLICY

Cancellation – 12 hours’ notice is required for cancellation of any booked training session. Missed sessions notified after this time are charged as if attended.

We do not offer refunds on purchases for our services, beyond your statutory rights. We recommend that you are modest in your initial membership purchases, and to make sure you like us, can reach the venue and like what we do before scaling up your membership package.

PRIVACY POLICY

This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

Note: the privacy practices in this privacy policy are for this web site only. If you link to other third party web sites, please be sure to review the privacy policies posted at those sites as we are not responsible for how data or information is treated/handled by any third party web site that is linked to from our sites.

COLLECTION OF INFORMATION

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

COOKIE/TRACKING TECHNOLOGY

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customise the Site for visitors.

Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

DISTRIBUTION OF INFORMATION

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorised transactions; or, (3) investigating fraud which has already taken place. No information is provided to these companies for marketing purposes.

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 required for the class you are attending.

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.

Leighton Buzzard CrossFit Membership Agreement

By signing up to a membership you agree to the terms set out in this document.

1. DEFINITIONS

Company Address: 7 Ryland Mews, Leighton Buzzard, Beds, LU7 1SP

Contact Us Telephone: 07960 135105/07300 894704

Membership Agreement: Your Membership Agreement as appended to these Conditions.

Contract: Your Membership Agreement and these Terms and Conditions.

Membership Fees: The charges payable for your category of membership as set out in
Your Contract Term: This Agreement and the licence granted hereunder shall take effect on the Effective Date for an initial term of twelve (12) months (the “Initial Term”) unless terminated in accordance with the terms of this Agreement.

This Agreement shall, unless either Party has given thirty (30) days prior written notice of their intention not to renew prior to the expiration of the current term of the Agreement (12 months) automatically renew for consecutive periods of twelve (12) months (the “Renewal Term”). The Initial Term and each Renewal Term shall together be referred to as the “Term”.

Gym Etiquette: The behaviour standards required in our gym.

Services: The Contract entitlement for usage of our facilities.

We/us/our: GRT Fit Limited.

Trading as: Leighton Buzzard CrossFit (here on defined as the Gym)

Customer: You

2. APPLICATION OF CONDITIONS AND OUR OBLIGATIONS

2.1 These Conditions, which should be read before signing up to any of the memberships that we provide. This will not change your statutory rights.

2.2 Leighton Buzzard CrossFit reserves the right to change minor points on the Contract. This will not change your statutory rights.

2.3 We shall use reasonable endeavours to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.

2.4 Time shall not be of the essence for our performance of the Services under the Contract.

3. COMMENCEMENT, CONTRACT TERM AND CONTINUOUS MEMBERSHIP

3.1 The Contract shall commence on the date of purchase and shall continue in force for the Contract Term.

3.2 If you choose to pay monthly by continuous payment authority, then after the Contract Term, you will be asked to renew your membership in accordance with clauses 10 and 11.

3.3 You may elect to change your membership after the Contract Term (12 months) or at any time during the Month to Month membership option by upgrading your membership

3.4 Members must be aged 14 years plus.

4. MEMBERSHIP FEES AND ADDITIONAL PURCHASES

4.1 Without prejudice to any other right or remedy that we may have, if you fail to pay us the

Membership Fees on any due date, we may

(i) Suspend all Services until payment has been made in full.

(ii) Where such sum has been outstanding for more than 28 days, engage a collections agency to pursue you for the debt. You agree that you will be responsible for all costs of the agency seeking to recover payment from you.

(iii) Raise a late payment charge if the debt remains unpaid after 14 days.

4.2 We may, without prejudice to any other rights that we may have, set off any liability that we have to you against any liability that you have to us.

4.3 Should your Membership Fees not be paid due to insufficient monies in your account we will ask you to rectify this and will try to retake that payment within 14 Working Days of the first rejection.

4.4 You are unable to transfer your membership to another person.

4.5 If you upgrade your membership to a different membership category you may be liable for the increase in fees.

4.6 You are unable to downgrade your membership during the Contract Term.

5. PRICE RISE

5.1 Your membership price will stay the same if you continue to renew and keep up with payments. If you choose to cancel your membership after the Contract Term and then decide to re-join you may be asked to pay the increased membership price.

5.2 We will notify members of any change to membership fees 30 days in advance of the change coming into force.

6. REFURBISHMENT AND REPAIR

6.1 You acknowledge that it may be necessary for us to close parts of or whole gym from time to time to carry out refurbishments or repairs and that this may disrupt our provision of the Services and agree that any such disruption shall not constitute a material breach of the Contract. If the gym is closed for a continuous period of 30 days or more you shall be entitled to a refund of any Membership Fees paid that relate to the period of closure.

6.2 Leighton Buzzard CrossFit will endeavour to ensure that no material changes are made to your agreement. However, in the event material changes are made you will be notified.

7. BOX (GYM) ETIQUETTE AND CONDUCT

7.1 You agree to be bound by and observe the Gym Etiquette within your Gym and acknowledge that we may amend this at any time and at our discretion.

7.2 You will not under any circumstances abuse the facility, equipment, staff or members of the Gym. You may be liable for any cost for damage.

7.3 When a member brings a guest/family member into the Gym, the member will be fully liable and responsible for the actions and behaviour of that guest/family member.

8. LIMITATION OF LIABILITY

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION

8.1 This condition sets out our entire financial liability (including any liability for the acts or
omissions of employees, agents, consultants, and Subcontractors) to you in respect of
(i) Any breach of the Contract.
(ii) Any use made of the Services.
(iii) Any representation statement or tortuous act or omission (including negligence)
arising under or in connection with the Contract.

8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

8.3 We shall not be liable for any Services offered by any third parties including Personal Trainers who are self ­employed.

8.4 Nothing in these Conditions limits or excludes our liability:

(i) For death or personal injury resulting from negligence.

(ii) For any damage or liability you incur as a result of fraud or fraudulent misrepresentation.

8.5 Subject to the other provisions of this clause, we shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

8.6 Subject to the other provisions of this clause, our total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract, shall be limited to the charges that you have paid to us in the 12 month period preceding the date of the act or omission query giving rise to the claim.

8.7 Members must either secure their personal belongings on their person or keep them secure at all times. Every occasion the Box (Gym) is used, Leighton Buzzard CrossFit, its employees, agents and subcontractors will not be liable for any loss, damage or theft of any property brought onto any of our premises.

8.8 The above limitations do not exclude the right of the member to recover any appropriate loss under the law having regard to the Unfair Contract terms Act 1977 and/or the Unfair Contract terms in Consumer Contracts Regulations 1999 or other relevant consumer legislation or at common law.

9. TERMINATION BY US

9.1
Without prejudice to any other rights or remedies which the parties may have, we may terminate the Contract immediately on giving notice to you: (i) If you fail to pay any amount due under the Contract on the due date for payment and such sum remains in default not less than 28 days after you being notified in writing to make such payment.

(ii) If you commit a material breach of the Contract, Gym Etiquette and Conduct as referred to in Clause 7.

(iii) For any other reason that we consider in our absolute discretion warrants termination of the Contract which may be immediate in which case any payment made for the month shall be refunded but not otherwise.

10. TERMINATION BY YOU

The member agrees to a minimum twelve (12) month membership commencing from the 1st March.

10.1 Membership fees are payable monthly, and due for the full minimum term regardless of attendance or usage.
At the end of the 12 months, the membership will continue on a rolling monthly basis unless cancelled in accordance with our cancellation policy.
This membership requires a twelve (12) month minimum commitment. Early termination within the minimum term maybe subject to remaining balance payments, except where permitted under our cancellation policy,

10.2 Exceptions for early termination of membership include:
Injury, relocation, illness, medical issues that prohibit training.

(i) Sending written notice of your cancellation request to info@buzzardcrossfit.com for the attention of the Owners. Notice will have been deemed to be given from the date your request to cancel has been received. Acceptance is deemed once you have received confirmation of cancellation of your membership
from us.
10.3 Cancelling your reoccurring payment does not constitute cancellation of your Contract.
10.4 We are entitled to retain any Membership Fees where you have not followed the correct cancellation

11. DATA PROTECTION

11.1 We take the privacy of our members seriously. If you have any questions about how we use your personal information, please do not hesitate to email us info@buzzardcrossfit.com

11.2 We will endeavour to use whatever method of communication deemed appropriate to notify you of Gym information in order to best serve your experience and assume that the information provided by you is correct and an acceptable method to provide you with this information.

11.3 We may use your personal information to provide and personalise the Services and to provide you with information about our similar products and Services that may be of interest to you.

12. GENERAL

12.1 We may sell, transfer, mortgage, charge or assign the benefit of the Contract at any time. You may not, without our prior consent sell transfer, mortgage charge, or assign the benefit of the Contract.

12.2 We shall have no liability to you under the Contract if we are prevented from, or delayed in performing, our obligations under the Contract or from carrying out our business by acts, events, omissions or accidents beyond our reasonable control.

12.3 We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services.

12.4 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part­provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.

12.5 Any notice or other communication to be given under the Contract must be delivered to the Gym email info@buzzardcrossfit.com

12.6 The Contract shall be governed by, and construed in accordance with, the laws of England and Wales, and any dispute arising out of or in connection with the Contract shall be subject to the exclusive jurisdiction of the English courts.