TERMS OF SERVICE

Version 1.1, effective 31 July 2021

Please read these terms and conditions carefully before using this website or our services.

 

ABOUT THESE TERMS OF SERVICE AND THE WORDS USED

 

THE PARTIES AND FORMING A BINDING LEGAL AGREEMENT

 

This Website and the Goods and Services displayed on it are provided by YRD1 GROUP FITNESS LTD (referred to in these Terms of Service as “Y R D 1”, "we", "us" and "our"). When we refer to "you" and "your" we mean the user of this Website, purchaser of Goods or user of our Services.

 

These Terms of Service form a valid legal agreement between you and us and apply to your use of this Website and all purchases and supply of Goods and Services from us now and in the future. If you do not agree to these Terms of Service, you must not use this Website, Goods or Services.

 

You should read these Terms of Service carefully before using this Website or purchasing any Goods or Services from us.

 

We reserve the right to change these Terms of Service, or any part of them, at any time.  Any changes to the Terms of Service will be effective after the change is published on this Website. You should check these Terms of Service before each order as they may have changed since your last visit.

 

DEFINITIONS

 

When the following words with capital letters are used in these Terms of Service, this is what they mean:

“Class” any exercise Class or Classes provided by us or on our behalf at the Studios, or online, from time to time;

“Class Packs” packages of Classes available for purchase via our Website which give the purchaser the right to attend the specified number of Classes in that pack, valid for the for the specified period;

“Client” a user of this Website, purchaser of Goods or user of our Services;

“Goods” any goods or products offered for sale at any time either via the Website or in any Studios;

“Services” services available to you via this Website or any Studio, including the Classes;

“Studios” any of our studios or temporary locations used to provide Goods or Services, from time to time, including all equipment;

“Terms of Service” the terms and conditions as set out in this document and as amended from time to time;

“User Account” an account pertaining to an individual user on the Website through which Client details are saved, Class Packs can be bought and Classes can be booked and cancelled;

“Website” means this website “https://yrd1.co.uk", including all sub-domains and pages, any downloadable mobile app, and all materials, information and media contained therein.

 

YOUR USE OF OUR SERVICES AND CONDUCT AT OUR STUDIOS

 

USER ACCOUNTS AND MINIMUM AGE

 

All Clients must sign up for a User Account via our Website in order to access and book our Services.

 

You must be at least 14 years of age to attend any Classes at Y R D 1. If you are between the ages of 14 and under 18, you must have a parent/guardian sign a consent form on your behalf for your acceptance of these Terms of Service before you can attend one of our Classes. Your parent/guardian must attend your first Class and before the Class begins, a staff member will complete an induction for health and safety purposes. After this has taken place, you will be able to take Classes without your parent/guardian.

 

YOUR CONDUCT IN OUR STUDIOS AND CLASSES

By attending our Studios and Classes you agree to comply with all applicable laws, class rules and/or codes of conduct (either contained in these Terms of Services or notified to you) in force from time to time. Our class rules include, but are not limited to, the following:

 

You must:

- Respect and not cause damage to our Studios

- Respect our instructors

- Respect our Clients

- Not harass, threaten, or defraud any individual in our Studios, on our Website or on any of our social channels

- Not make unsolicited offers, advertisements, proposals, or send junk mail to any individual in our Studios, on our Website or on any of our social channels

- Not impersonate another person or access another user’s account without that person’s permission.

 

VALUABLES AND PERSONAL BELONGINGS

 

You acknowledge that you are urged to avoid bringing valuables into our Studios. Y R D 1 shall not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, or anywhere else in the Studios. You assume all risk of loss for any of your personal belongings.

 

You acknowledge that no portion of any fees paid by you is in consideration for the safeguarding of your valuables or belongings by Y R D 1.

 

BUYING, BOOKING AND CANCELLING CLASSES

 

CLASS PACKS

 

Clients must purchase a Class Pack in order to attend one of our Classes. Class Packs can be purchased via our Website and include options for single Classes or as bundles at discounted rates. Class Packs can be used to book any Class at any Studio unless otherwise specified.

 

Class Packs give the purchaser the right to attend the number of Classes specified for the given Class Pack. Once you have attended the number of Classes in a Class Pack, the Class Pack expires.

 

Class Packs are valid for the length of time stated at the time of purchase, or such longer time at our discretion, after which time they will expire. Expiry means that on and from the expiry date, you will not be entitled to use an expired Credit to purchase Classes. You will not be entitled to receive any refund in relation to any unused Classes.

 

Class Packs cannot be extended beyond the expiry dates agreed at the time of purchase, unless we in our discretion agree to do so in exceptional circumstances.

 

Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in these Terms of Service.

 

Any voucher code issued by us at any time is unique to the offer to which it specifically relates. All offers are subject to our discretion and may be withdrawn at any time and without notice.

 

COOLING OFF PERIOD

 

Where you have purchased a Class Pack greater in value than £42, you have a legal right under the Customer Contracts Regulations 2015 to cancel within 14 days of when the date of the purchase is confirmed (the ‘Cooling Off Period’).

 

To cancel within the Cooling Off Period please contact us by email or in person at one of our Studios.

 

When cancelling within the Cooling Off Period, you will be refunded either: i) the full charge taken if you have not attended any Classes or ii) the full charge less the value of any Classes you have attended within the Cooling Off Period.

 

BOOKING A CLASS

 

You can check availability and book Classes in advance online via our Website. When you book a Class, one Classes will be deducted from your Class Pack unless otherwise stated.

 

We make every effort to ensure that there are a suitable number of Classes available at different times of the day. However, Classes are subject to availability and we do not guarantee that spaces will be available in any given Class.

 

If the Class you wish to attend is fully booked, you may choose an alternative Class with remaining spaces. Alternatively, you may join a waitlist for the fully booked Class.

 

If you join the waitlist and a space becomes available, you will be notified by e-mail and/or text message after which you will have 1 hours to choose to join the class or pass it up before the next person on the waitlist gets the opportunity to join the session. 

 

Instructors and Classes are subject to change and may be cancelled at any time. Whilst we will endeavour to keep these to a minimum we will inform you of any changes via email and/or text message as soon as possible. If we cancel a Class, you will not be charged.

 

CANCELLING OR RE-SCHEDULING A CLASS

 

We understand things can come up and priorities change. You can cancel a Class up to twelve (12) hours before the start time and will not be charged. Classes cancelled within (12) hours before the start time or no-shows will be charged. Classes can only be cancelled or re-scheduled via the Website.

  

USING OUR WEBSITE AND INTELLECTUAL PROPERTY

  

USE OF OUR WEBSITE

 

Use of our Website includes accessing, browsing or registering to use our Website, or any part.

 

By accessing our Website, you agree that you will use it solely for your own use and for the purposes of accessing our Services. You must not use any part of our Website for public or commercial purposes. You are not authorized to extract, copy, sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works using our Website or any part thereof.

 

You may not use our Website in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment.

 

HACKING, VIRUSES AND MALICIOUS FILES

 

You must not misuse our Website by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorized access to our Website or otherwise interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website wether through hacking, password mining, or any other means available from time to time (including but not limited to via a denial-of–service attack or a distributed denial-of-service attack). You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of our Website, any features that prevent or restrict use or copying of any content accessible through the Website, or any features that enforce limitations on the use of the Website or the content therein.

 

In the event of any misuse or attempted misuse, your right to use our Website and our Services will cease immediately and you will indemnify us for any loss or damage we suffer as a result.

 

USER ACCOUNTS, USERNAMES AND PASSWORDS

 

Certain areas of our Website are restricted and may only be accessed if you are registered with us and have been issued with a User Account and have chosen a username and password.

 

You must not allow any other person to use your User Account, username, password or other login details, and must treat such information as confidential and must not disclose it to any third party. If you believe or suspect that someone else knows your login details you must contact us as soon as possible.

 

We reserve the right to disable any User Account, user identification code or password used to access to this Website at any time if in our reasonable opinion it has been compromised or you have failed to comply with these Terms of Service.

 

You shall not obtain or attempt to obtain unauthorised access to an area of this Website which is only accessible with a User Account, username or password other than your own and will not attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.

 

We shall not be liable for any losses you suffer as a result of unauthorised access to your User Account.

 

INTELLECTUAL PROPERTY

 

We are the owner or the licensee of all intellectual property rights in this Website, including the software that runs this Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. The design and layout of this Website are protected by copyright, database right, design rights and other similar laws. All trade marks, logos and trade names displayed on the Website are the property of Y R D 1 or other third parties. All such rights are reserved (together “Intellectual Property Rights”).

 

Save to the extent expressly permitted by applicable laws and for your permitted use of the Website and our Services in accordance with these Terms of Services, you must not use, copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with any such Intellectual Property Rights.

 

THIRD-PARTY SOFTWARE

 

We may use certain third-party software applications in order to provide our Services and for other operational needs. Y R D 1 shall not be responsible for any errors, faults or other issues caused by such software applications.

 

PRIVACY POLICY

 

We are a data controller for the purposes of data protection legislation. We are therefore responsible for deciding how we hold and use any personal information that we may hold about you.

 

Please read our Privacy Policy: https://yrd1.co.uk/privacy, which is incorporated into these Terms of Services by reference.

 

DISCLAIMERS AND LIABILITY

 

DISCLAIMER

 

By using our Services and/or attending our Classes and Studios you acknowledge on behalf of yourself, your heirs, personal representatives, assigns and/or for anyone for whom you are responsible, that there are certain inherent risks and dangers in high intensity exercise, boxing, cycling, the equipment used in association with the Classes and Studios and environments with music at high volumes.

 

You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from minor injuries such as scratches, bruises, and sprains, major injuries such as eye injury or loss of sight or hearing, joint or back injuries, heart attacks, concussions and catastrophic injuries including paralysis and death.

 

You hereby agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you by using our Services and/or attending our Studio and you release, indemnify, and hold harmless Y R D 1 and each of its respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to your use of our Services and/or attendance at our Studios.

 

HEALTH WAIVER

 

Our staff, agents and subcontractors are not medically qualified so if you have any doubts about your fitness or capability to exercise, we strongly recommend that you get advice from a doctor first. For safety reasons, you are responsible for correctly using our facilities and agree to keep to the conditions in the health waiver which you agreed to when registering for a Class on our Website. A hard copy of our health waiver is available upon request.

 

RIGHT TO DENY ENTRY

 

Your safety and physical wellbeing is of primary importance to us. In the event we feel that your participation in one of our Classes is not in your best interests, including (but not limited to) you not having appropriate equipment including athletic wear, Y R D 1 reserves the right to refuse entry into a Class at our sole discretion.

 

However, this reservation of such right DOES NOT constitute an assumption of responsibility or in any way contradict or override or take precedence over any acknowledgments, disclaimers and/or limitations on Y R D 1’s liability anywhere in these Terms of Service.

 

LIABILITY

 

We exclude to the fullest extent permitted by law, all liability (save in respect of death or personal injury caused by negligence and for fraud) in connection with your use of our Website, Goods, Services and Studios.

 

Subject to the above and save in respect of liability which cannot be limited by law, in no event will Y R D 1 be liable for any direct, indirect, special, or other consequential damages resulting from your use of our Website, Goods, Services and Studios, even if we were expressly advised or ought reasonably to have know of the possibility of such damage, including (but not limited to), any lost profits, loss of earnings, loss of income or business interruption.

 

OTHER GENERAL LEGAL BITS

 

ENTIRE AGREEMENT

 

These Terms of Service, including any terms incorporated by reference, constitute the entire agreement between you and us in relation to your use of our Website, Goods, Services, Classes or Studios.

 

GOVERNING LAW

 

These Terms of Service are governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Y R D 1 must be resolved by a court located in England and Wales, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within England and Wales for the purpose of litigating all such claims or disputes.

 

SEVERANCE

 

If any of these Terms of Service are or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.

 

NO WAIVER

 

No waiver of any right arising in relation to these Terms of Service, or any part, shall be valid unless provided in writing by us.

 

RIGHTS OF THIRD PARTIES

 

A person who is not a party to these Terms of Service may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.

 

NOTICES

 

Any notices will be sent to you at the email address registered with your User Account. Notices may be sent to us at the email address: yrd1groupfitness@gmail.com.

 

Notice will be deemed given 24 hours after an email is sent, unless the sender receives notification that such email was not successfully received.

 

HEADINGS

 

All headings, sub-headings and titles used are for convenience only and do not constitute a part of these Terms of Service, and will not be deemed to limit or affect any of the provisions.

 

TERMINATION BY US

 

Y R D 1 may in its sole discretion and at any time discontinue providing access to the Website, Classes, Studios, Goods or Services, or any part thereof, with or without notice.

 

You agree that any termination of your access to the Services, Studios or any User Account, or portion thereof may be effected without prior notice. You agree that Y R D 1 will not be liable to you or any third party for any such termination, provided that, if Y R D 1 terminates your User Account other than due to breach by you of these Terms or Services, Y R D 1 shall refund a pro-rata proportion of Class Packs unused on the date at which such termination takes effect.