These Terms and Conditions are the standard terms which apply:
- the provision of any Fitness Class, Activity or Challenge (as defined in Clause 1 below) by ChallengeSet operated by Fundraising2GiftAid Ltd under the company number 11708979; and
- where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|means any business, trade, craft, or profession carried on by You or any other person/organisation;
|means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual who receives or uses services from Us consisting of one or more Fitness Classes for the individual’s personal use and for purposes wholly or mainly outside the purposes of any Business;
|used to describe our range of Fitness Classes, Challenges and Activities
|means Our standard price list for all Our Activities which We offer. The list of Our Activities and their prices is available from https://www.fundraising2giftaid.co.uk;
|means the registration form that We provide to You for You to apply to register;
|means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
|means an individual to whom We agree to provide an Activity
- Unless the context otherwise requires, each reference in these Terms and Conditions to:
- “these Terms and Conditions” is a reference to these Terms and Conditions; and
- a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
- The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
- Words signifying the singular number shall include the plural and vice versa; and
- References to any gender shall include the other gender.
- “these Terms and Conditions” is a reference to these Terms and Conditions; and
- In order to attend any of Our avtivities You first have to register with Us and You may do so by completing the Registration Form and agreeing in that Form to these Terms and Conditions.
- The details that You provide and confirm in the Registration Form must be complete and correct, including Your confirmation that You are 18 or over and a “Consumer”, and that You agree to these Terms and Conditions, including but not limited to the fitness, health and safety matters and the rules set out in Clauses 6 and 7 of these Terms and Conditions. For juniors (aged from 5 to 17) a parent or guardian must sign to accept full responsibility and liability for the junior, and the junior’s ability to engage in, and complete the activity.
- You may book and attend an Activity only once We have accepted Your Registration Form. Acceptance of that application to register means that We agree that You may then (but not otherwise) book an Activity. Our decision whether or not to accept Your application to register is in Our absolute discretion.
- Upon Our acceptance of Your Registration Form and confirmation that We accept Your application to register there will be a contract between You and Us on these Terms and Conditions.
- Booking and Cancellation of Our Activities, Expulsion, and Consumer Rights
- You must be 18 or over and a “Consumer” to book and attend any Activity. For juniors (aged from 5 to 17) a parent or guardian must sign to accept full responsibility and liability for the junior, and the junior’s ability to engage in, and complete the activity.
- An Activity and Your place in that session is subject to availability. We will not reserve or guarantee any particular date and/or time for any Activity unless You book and pay for the Activity for that particular time and date.
- Each Activity requires a minimum number of people to book it for it to take place [unless it is available as, and specifically booked as, a small Activity for You and an agreed number of other people] as agreed with Us when you are making the group booking.
- You may book one of Our Activities through Our website using Our on-line booking system.
- We will only provide an Activity to You if You have pre-booked and paid for it [except where, as follows, You are allowed to participate in it on a drop in basis and have paid for it. If it is already fully booked when you request a booking]. We can add You to a wait list. We may then be able to offer You the opportunity to book, pay for and participate in the Activity if a wait list space for it becomes available due to another person cancelling a booking.
- When you book and pay for any of Our Activities You must book for a date which is no more than 12 month[s] after the date when You make and pay for thatbooking or rebooking. An Activity not booked (or rebooked) and taken within that period will be lost and, unless You cancel it and are entitled to a refund under these Terms and Conditions in that case, We will not refund any payment You have made for it.
- Your request for a booking for one of Our Activities will be an offer, but whether We accept any booking will be for Us to decide in Our discretion. Only if and when We tell You that We accept Your request to booka particular Activity and You have paid for it, will there be a binding contract between You and Us for that Activity.
- When You book any of Our Activities, We will require You to pay Us in advance for it, and We will be entitled to keep some or all of that payment as set out in the below sub-Clause below if You later cancel the Activity without giving Us prior notice of at least 2 working days.
- We may treat an Activity that You have booked as cancelled by You without notice to Us if You arrive after the start of the Activity [or the start of any warm up for that Activity] or You do not attend any of the Activity. We may then (but We are not obliged to) give Your place in the Activity that You cancelled to any customer. We may decide to make a charge to You for that cancelled Activity, and sub-Clause 3.11 below will apply.
- You may cancel an Activity without charge if You give Us at least 2 working days prior notice of the cancellation, and if You do so We will refund to You any sum You paid in advance unless when You cancel You ask to rebook for a later, substitute, session instead and We accept that substitute booking. Unless the class was part of a series. Where it was part of a series, a proportion of the total amount would be proportioned. Where the activity was part of a closed group event and the activity proceeded without your participation, in which case you would not be entitled to a refund.
- If You do not give Us at least 2 working days prior notice of cancellation of an Activity, We will be entitled to charge You for any net financial loss up to the full price of that Activity that We suffer due to Your cancellation.We will be entitled to deduct that charge from any sum You paid in advance for that Activity, and We shall refund any balance to You.
- If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel an Activity without giving Us at least 2 Working Days prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under the previous sub-Clauses.
- We may cancel one of Our Activities booked by You at any time before the time and date of that Activity in the following circumstances:
- The required minimum number of people for the Activity have not booked; or
- The required instructor necessary for the Activity is not available; or
- An event described in sub-Clause 9 below occurs and continues for more than 48 Hours; or
- We find that you are not a “Consumer” (as defined in Clause 1 above).
If We cancel an Activity in such circumstances We will refund to You in full the payment that You have made to Us for that Activity.
- We will use all reasonable endeavours to start the Activity that You have booked at its scheduled start time, but the start may be delayed by overrun of a previous Event or by other circumstances. If a delay to the start is at least 20 Minutes, or, if at any time before or after You arrive for an Activity We notify You that there will be a delay of at least that time, You may cancel the Activity and We will refund to You in full the payment that You have made to Us for that Activity. Where it was part of a series, a proportion of the total amount would be proportioned.
- Our Activities and prices and instructorsare subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.
- We reserve the right to expel You from any of Our Activities and Events if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to Our reputation, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable opinion such expulsion is otherwise in the interests of others who are in that Activity or who are in any other Activities and Events being held then or to be held subsequently. You will not be entitled to any refund for an Activity started but not completed due to such expulsion.
- Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause 3.17, and they will be in addition to the rights given to You by the above provisions of this Clause 3. You may for any reason cancel a booked Activity during the 14 day period after We accept that booking, but if the booking includes any Activity on a date which is before the end of that 14 day period, and if You have expressly requested Us to provide any such Activity in that 14 day periodand We do so, You may not cancel that requested Activity and You must pay for it in accordance with Clause 4, and You may only cancel any other Fitness Class covered by that booking. If You request that Your booking be cancelled, You must confirm this by phone or email. If You cancel as allowed by this Sub-clause 3.17, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for any sessions covered by that booking that We have provided.
- Fees and Payment
- You must pay in accordance with Our Price List for all Our Activities that We fully and correctly provide to You.
- You may pay Us for Our Activities using any of the following methods:
- Credit/Debit cards Using Our Online Booking System;
- We may alter Our prices without prior notice, but if the price of any of Our Activities increases between the time when You book it and the date of the Activity, the price increase will not apply to You for theActivity on that date.
- All prices of Our Activities shown in the Price List are inclusive of VAT.
- Eligibility to take Our Activities
- We only make Our Activities available to a“Consumer” (as defined in Clause 1 above), and Your completion of a Registration Form will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to attend any of Our Activities. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your registration forthwith by giving You a cancellation notice and You will not then be entitled to attend any further Activities.
- We will not accept Your application to register or make any Activity available to You unless You are aged 18 or over. For juniors (aged from 5 to 17) a parent or guardian must sign to accept full responsibility and liability for the junior, and the junior’s ability to engage in, and complete the activity. We may require evidence of Your age for that purpose.
- Fitness, Health and Safety
- You acknowledge that certain Activities may be physically strenuous and You agree that You voluntarily participate in such Activities with full knowledge that even if We and the relevant instructor is not negligentthere is a risk of personal injury or illness arising from Your participation in such an Activity.
- Certain of Our Activities may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.
- You must ensure that you are fit and well enough to participate in any of Our Activities that You book, and You will at all times be responsible for Your own state of health, physical condition and wellbeing. If you are a parent or Gurdian of a Junior you have enrolled for an activity, You at all times will be responsible for their state of health, physical condition and wellbeing.
- If You have any concerns about Your fitness or health, You should seek appropriate medical advice from a relevant professional medical or other adviser before attending an Activity. We cannot and do not provide any such advice.
- You agree that when You register and when You book and participate in one of Our Activities, that will be Your confirmation that You have no health or fitness problems which may affect your participation in any Activity. This will also apply to any Juniors you are responsible for.
- You must not attend any Activity when under the influence of alcohol or illegal drugs.
- You should arrive at least 5 minutes prior to the start time of an Activity, to allow for a prompt start. If You arrive later than the Activity start time and You arrive after any warm-up for that Activity has begun, We may not permit You to participate in the Activity for health and safety reasons.
- If one of Our Activities requires specific [type of] clothing, footwear [or other items],details of the Activity will specify those requirements and You must provide them for Yourself. Loosely swinging or sharp jewelry should be removed before an Activity. If You do not comply with any of these dress requirements, We may not allow You to participate in the Activity.
- Gift Vouchers
- Gift vouchers are available through the website, or by emailing email@example.com
- Gift vouchers are available in multiples of £10.
- Gift vouchers are valid either for the period specified on the gift voucher or, where no period is specified, indefinitely.
- Gift vouchers may be redeemed only for one of Our Activities and may not be redeemed partly or wholly for cash.
- Events beyond our reasonable control
- We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.
- If any event described under sub-Clause 9.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Activities as necessary. You may, without liability to Us, cancel any Activities which do not take place due to that event, and We will refund in full the advance payment that You have made to Us for the cancelled Activity.
- Limitation of Liability
- We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Ourcontract with You is created.We will not be responsible for any loss or damage that is not foreseeable.
- We provide or sell all of Our Activities to You only for Your personal and private use/purposes.We make no warranty or representation that any clothing or other goods that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale).We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- Each of Our instructors is appropriately qualified to conduct the particular Activity which they conduct but their advice does not include any medical or similar advice and is not a substitute for advice provided by an appropriate medical, health, or fitness professional or therapist.
- If You bring any personal belongings onto Our premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us or our staff. We will not be responsible for any loss or damage to Your personal belongings caused by any other customer, guest or visitor to Our premises even where You leave or store them in any place at Our premises referred to in Clause 7.2. We therefore advise You not to bring any valuable belongings to Our premises.
- Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
- Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
- the Consumer Rights Act 2015;
- the Regulations;
- the Consumer Protection Act 1987; or
- any other consumer protection legislation
as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
- Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
- How We Use Your Personal Information (Data Protection)
We will only use Your personal information as set out in Our GDPR Policy available from firstname.lastname@example.org.
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your registration and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to register and/or make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
As required by the Regulations:
- all of the information described in Clause 13; and
- any other information which We give to You about any of Our Activities or Ourselves and Our business which You take into account when deciding to make a booking or when making any other decision about Our Activities
will be part of the terms of Our contract with You as a Consumer.
We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience as Our customer is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Activities or any other complaint about Us or any of Our staff, please raise the matter with Robert Bradshaw who can be contacted by Email at RobertBradshaw@fundraising2giftaid.co.uk.
- No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
- Law and Jurisdiction
- These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [England & Wales] [Northern Ireland] [Scotland].
- As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.