MEMBERSHIP PAYMENT TERMS & CONDITIONS
1. This agreement commences once you have indicated your acceptance in the Declaration section of the web sign up process.
2. When taking out a monthly contract online, it will start from on the 1st of the following month. We will contact you to ask if you would like to activate it asap. If you would like to inform us before we contact you, please call +442076831967 or email@example.com.
3. This agreement will become binding on you and us when we contact you to confirm your membership application has been accepted, at which point a contract will come into existence between you and us.
4. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
5. You cannot transfer this agreement to anyone else.
FEES AND CHARGES
1. When purchasing a membership only, the following months membership is collected either by Debit / Credit card at time of purchase. The following will happen to ensure you can start training straight away;
* FLEXI: We will add a one-off flexi membership onto your account for the month you have purchased your membership and only charge you for the classes that you do up until the end of the month according to our prices. Thereafter, your membership will be £60 each month.
* UNLIMITED/ OFF-PEAK: We will get in contact with you to ask if you would like to prorate for the remaining of the month.
2. The initial fees plus all ongoing membership fees are not refundable under any circumstances with the exception of the Money Back Guarantee detailed below.
3. If you are looking to upgrade your membership, you can do so by contacting firstname.lastname@example.org.
4. If any payment is returned inc partially returned, you may be charged an administration fee of £20. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your membership, upon having given you written notice of our intention to do so. We may present an option to reduce the administration fee within 7 days of becoming due.
5. You agree to advise us immediately of any change to the Members Details provided.
6. You can freeze your monthly membership for a total of 14 days each month (inclusive of Saturday, Sundays and Bank holidays).
7. Our memberships are monthly rolling memberships. Please see below ‘Termination’ for cancellation policy.
1. From time to time we may need to increase the price of membership. We will give you at least 1 full months’ notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice then the price of your membership will be increased in accordance with our notice.
LATE FEES AND NO SHOWS
1. Classes – A fee of £7 will be charged to the member if they do not show up to class or late cancel. A late cancellation is 6 hours prior to class start. If you come off the waitlist but do not show, a no show fee of £7 will still be charged, unless you were notified within 4 hours of the class start time.
2. Private Personal Training 1on1 – A fee of £65 will be charged to the main card holder if the client cancels within 24 hours of the session start time.
3. Private Personal Training 2on1 – A fee of £85 will be charged to the main card holder if the client cancels within 24 hours of the session start time.
4. Intro PT – A fee of £45 (1on1)/ £90 (2on1) will be charged to the main card holder if the client cancels within 24 hours of the session start time.
TERMINATION & CHANGES
1. You may terminate your membership by giving 14 days written notice prior to your next payment date. Please email Outrivals for options available to you or for any further information – email@example.com.
2. In the above circumstances your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.
3. Our monthly memberships can be upgraded at any point during the month. Downgrading a membership must be done 14 days prior to next payment date.
MONEY BACK GUARANTEE
1. As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of completing your membership application form. However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you opt to commence your membership immediately, or you ask us to start your membership early, you agree that if you subsequently cancel your membership within the 14 day period, you will be refunded any monies paid, less an amount for the membership you have already used commencing from the first day after joining.
Your key-fob, or any other relevant security hardware device with built-in authentication equipment, issued or otherwise provided to you by us to enable you to securely access the relevant gym in accordance with the terms of your membership. Only one device can be registered to an account at any time, if you lose or misplace the device you need to contact front of house immediately. A new membership card is £10. Please note that Fitmibody Limited and Outrivals Limited are not responsible or held liable for any items lost, stolen or misplaced inside our gyms.
DAILY GYM PASS MEMBERSHIP TERMS & CONDITIONS
1. This daily membership commences once purchase your membership.
2. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
3. You cannot transfer this daily membership to anyone else nor transfer to another date.
FEES AND CHARGES
1. You shall be entitled to cancel your daily membership the earlier of: (1) 14 days after the date of purchase; or (2) the day before the date on which you selected your daily membership to activate. If you cancel during this period you will receive a full refund. After this period the daily membership fee is not refundable.
GENERAL TERMS & CONDITIONS
1. Members must be 16 or older.
2. You agree to comply with the Rules of Membership which relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided that we give you advance notice of the change.
3. If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.
4. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced.
5. There may be occasions where we have to close all, or part of, the gym of which you are a member. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency. We will use all commercially reasonable endeavours to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.
6. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control.
7. We will not be liable or responsible for outstanding monies paid to a freelance Personal Trainer working at Outrivals.
8. As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
9. This agreement is governed by English Law.
10. We may terminate this agreement with immediate effect on notifying you if you are in breach of the Gym Rules.
11. To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well being or physical condition. Further, that you will advise us immediately should your circumstances change.
INFORMATION ABOUT US
1. We are a company registered in England and Wales. Our company registration number is 09592947 and Our registered office is at 22-24 Corsham Street, London, N16DR. Our registered VAT number is 222 1120 82.
2. If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team at +442076831967 or by e-mailing us at firstname.lastname@example.org.
3. If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing you can send this to us by e-mail to Fitmibody Limited at email@example.com. We will confirm receipt of this by contacting you by email.
1. Fitmibody Limited reserves the right to end any promotion without warning at any time.
2. Any prizes offered by Outrivals must be claimed within 21 Days of announcement of the winners. Outrivals have 45 days to issue any prize.
3. All Gym challenges are subject to fair play which is managed in the gym. Any recorded reps or times must be verified and signed off by an Outrivals team member.
4. Outrivals reserve the right to redeem any prize in the form of a voucher, points or pre purchased credit.
FREE DAY PASSES
1. Day passes are subject to a fair use policy. 1 pass per person, multiple passes may be cancelled without warning.
2. Free passes have no resale value, and cannot be exchanged for cash or any other product or service.
3. Passes must be used on consecutive days.
4. Free passes must be used before the expiry date. Any passes set for redemption after this date may be cancelled without warning.
5. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
6. You cannot transfer this daily membership to anyone else nor transfer to another date.
7. Day passes are non-refundable.
* Students are entitled to 10% off our membership prices.
* Student Day Passes are active for the day only, not 24 hours. They will start from the first time the pass has been activated.
* Offer can be used with any monthly membership product.
* Offer must be done in-house at an Outrivals.
OUTRIVALS OFFER FOR BUDDIES
* All monthly memberships entitle you to bring a friend in for free for one free class or open gym session.
OUTRIVALS ONLINE SHOP
* Outrivals will provide refunds to customers who return products unworn and unwashed, in their original condition and packaging (if any), with the tags still attached within thirty (30) days from the date of purchase with a receipt.
INFORMATION WE COLLECT
When you create an account with us via Mindbody, we collect information necessary information, voluntarily provided by you to enable you to sign up for session on your own, and for us to track your membership/set up any necessary Autopay systems for ease of use. Information we collect may include but not be limited to First Name, Last name, email address, Credit card details (including Number, expiry, and billing address), home address, and reason for wanting to train with us.
* Data We Collect Automatically: The only information that we will collect from you during your time training with us is your spending and attendance to classes with Outrivals.
* Info through other Services: Perkville links directly with Mindbody and whilst you may be asked to create an account with them, they do not hold any personal information that you do not give them voluntarily, or any of the information you house with Mindbody on their servers. Upon creating an account with us using MindBody, we will also add you to the relevant mailing list using Mail Chimp. We will only carry over your First Name, Last Name and Email address in this process.
* We may use third party web site analytic tools such as Google Analytics on our website that employ cookies to collect certain information concerning your use of our Services. However, you can disable cookies by changing your browser settings. Further information about the procedure to follow in order to disable cookies can be found on your Internet browser provider’s website via your help screen.
* Advertisements: You may see our Service advertised in other applications or websites. After clicking on one of these advertisements and creating an account on MindBody with us you will become a user of the Service. Advertising platforms, which include Twitter, Instagram and Facebook may collect information for optimising advertising campaigns outside of the Service.
* If you do not wish to receive personalised advertising that is delivered by third parties outside of our own service, you may be able to exercise that choice through opt-out programs that are administered by third parties, including the Network Advertising Initiative (NAI), the Digital Advertising Alliance (DAA).
WHERE INFORMATION IS PROCESSED
Outrivals (FitMiBody Ltd.) is located in the United Kingdom, however your information is housed with MindBody & Mail Chimp directly. No matter where you are located, you consent to the processing and transferring of your information in and to the U.S. and other countries where the server hosts this data. The laws of the U.S. and other countries governing data collection and use may not be as comprehensive or protective as the laws of the country where you live.
OUR USE OF YOUR INFORMATION
OUR LEGAL BASES FOR HANDLING OF YOUR PERSONAL DATA
The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your personal data. To the extent those laws apply, our legal grounds are as follows:
* To honour our contractual commitments to you: Much of our processing of personal data is to meet our contractual obligations to our users, or to take steps at users’ request in anticipation of entering into a contract with them. For example, we handle personal data on this basis to create your account and provide our Services.
* Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals: This includes:
o Providing a safe and enjoyable gym experience;
o Customer service;
o Marketing, e.g. sending emails or other communications to let you know about new features;
o Protecting our users and their property;
o Analysing and improving our business, e.g. collecting information about how you use our Services to optimise the design our product offering.
o Managing legal issues.
* Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.
* To protect the vital interests of the individual or others: For example, we may collect or share personal data to help resolve an urgent medical situation.
* Consent: Where required by law, and in some other cases, we handle personal data on the basis of your implied or express consent.
OUR DISCLOSURE OF YOUR INFORMATION
Outrivals is 100% NOT in the business of selling your information. We consider this information to be a vital part of our relationship with you. If at any point we decide to work with 3rd party operators in an effort to improve your experience with us, or provide additional perks/benefits to your memberships, we will always allow you to opt in for this service voluntarily, and not force you to provide information to another company unwillingly.
* Consent: We may transfer your information with your consent.
* Agents, Consultants and Related Third Parties: Like many businesses, we sometimes hire other companies or individuals to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments.
* Legal Requirements: We may disclose your information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Outrivals (FitMiBody Ltd.) (iii) protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
You may provide us with ideas for new products/services or modifications to existing products/services, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Our Services are for users of all ages we do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personal information to us please contact us at firstname.lastname@example.org. For residents of the EEA, where processing of personal information is based on consent, Outrivals (FitMiBody Ltd.) will not knowingly engage in that processing for users under the age of consent established by applicable data protection law. If we learn that we are engaged in that processing with such users, we will halt such processing and will take reasonable measures to promptly remove applicable information from our records.
LINKS TO OTHER WEB SITES
We generally retain personal data for so long as it may be relevant to the purposes identified herein. To dispose of personal data, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.
We take reasonable steps to protect the information provided via account sign ups from loss, misuse, and unauthorised access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the our accounts may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any information via the Internet.
YOUR DATA RIGHTS AND CHOICES
You can update certain information by accessing your profile via MindBody Online using your log in credentials. You can also unsubscribe from certain emails by clicking the “unsubscribe” link they contain. You can opt out from certain cookie-related processing by following the instructions above in “Other Information.” Individuals in the European Economic Area, have certain legal rights to obtain confirmation of whether we hold personal data about them, to access personal data we hold about them (including, in some cases, in portable form), and to obtain its correction, update, amendment or deletion in appropriate circumstances. They may also object to our uses or disclosures of personal data, to request a restriction on its processing, or withdraw any consent, though such actions typically will not have retroactive effect. They also will not affect our ability to continue processing data in lawful ways.
* How can I access the personal data you have about me?
If you would like to submit a data access request, you can do so via you account with MindBody Online. We will help where possible, and you can reach us at email@example.com
* How do I correct, update, amend, or delete the personal data you have about me?
In addition to logging in to your MindBody online account in which you can correct, update, amend, or delete certain personal data, you can also request other modifications from us directly. Please write us at Hello@outrivals.com with the words “Personal Data Request” in the subject or body of your message, along with an explanation of what data subject right you are seeking to exercise.
For your protection, we may take steps to verify identity before responding to your request.
* How do I object or restrict the manner in which Outrivals processes my personal data?
You have a right to ask us to stop using or limit our use of your personal data in certain circumstances—for example, if we have no lawful basis to keep using your data, or if you think your personal data is inaccurate. Individuals in the European Economic Area have the right to opt out of all of our processing of their personal data for direct marketing purposes. To exercise this right, please get in touch with us directly at firstname.lastname@example.org. You may also click the “unsubscribe” link in any of our marketing emails. The rights and options described above are subject to limitations and exceptions under applicable law. In addition to those rights, you have the right to lodge a complaint with the relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern.