TERMS & CONDITIONS 1.1
These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be bound by them.
A. “Class” means a facility owned and operated by Berni Wyse Fit.
B. “Class Rules” means the rules and regulations governing the use of a Berni Wyse Fit Results Class.
C. “Berni Wyse” “us” “we” and “our” means Berni Wyse Fit
D. "Member" "you" and "your" means on-going card payers, standing order, annual and daily prepaid members.
E. "PAR Questionnaire” –means the physical activity readiness questionnaire completed by you online.
A. Monthly subscription of 1 class/week entitles you to 1 class/week (it doesn't matter which class you go to). If you miss a week you can go to 2 classes the following week or whenever you can make it up.
B. Unlimited monthly subscription membership entitles you to unlimited Berni Wyse Fit Results Class at any location on a monthly basis subject to availability.
C. First class free week is subject to availability and only one is available per person per year. You then have the option to sign up to monthly subscription.
D. Annual prepaid subscription membership entitles you to unlimited Berni Wyse Fit Results Class at any location subject to availability.
E. Exercise taker fee applies to all monthly memberships this fee is to cover some of the cost of your personal equipment (which you get to keep).
A. You must be over the age of 16 to become a Berni Wyse Fit Results member.
B. You must complete the PAR Questionnaire before you start using your membership and by completing the PAR Questionnaire warrant to us that you have no known condition or are undergoing any treatment that would prevent you from being capable of physical exercise in all material respects.
C. On entry into this Membership Agreement and every time you enter a Berni Wyse Fit Results Class during your membership, you warrant and represent to Berni Wyse Fit that you have no medical conditions known to you that would mean that you are not capable of all forms of exercise and that such exercise will not be detrimental to your health. If in doubt, it is your sole responsibility to consult a medical practitioner or to not go to any classes/tell an instructor/cancel your membership.
D. You will register as attended before you enter a class.
E. Your membership allows you to access any Berni Wyse Fit Results class subject to availability, in accordance with the type of membership option that you have selected as set out above.
F. Your membership applies to you personally: you cannot lend, assign or transfer it to another person.
G. We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
H. We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you.
PAYMENT OF FEES
A. By joining up to our classes online, in person or over the phone, you are agreeing to be bound by these Terms and Conditions; you agree to pay all Berni Wyse Fit Results membership and other fees on time.
B. Depending on the package, we will also charge you a setup fee. This setup fee will be displayed on the website and is non-refundable.
C. In addition to the setup fee and the membership fees, we may also charge fees for personal training and any other services Berni Wyse Fit Results may provide from time to time. The fees may vary between Classes.
D. Paying monthly subscription by card: After your free trial, you have 14 days to decide whether or not you want to continue coming to the classes and to set up your payments. If you don't do this, your Berni Wyse Fit account will be deleted. If you do, your second and subsequent payment will be collected from you on the monthly anniversary of the date you set up your payments.
E. Prepaying annually: annual membership can be paid via credit card, debit card or standing order. If you have chosen to prepay for annual membership the collections will be for a 12-month period and subsequent will be collected on the annual anniversary of membership.
F. Paying extra add on by card: When adding an Optional Extra to your membership, access is instant, and therefore a pro rata payment will be payable immediately by the card registered on your account to cover the time period between the date you add the package, to your next payment date.
G. Your membership fees are subject to periodic increases and we reserve the right to pass on any changes in the rate of VAT to you. Fees will normally be reviewed on an annual basis but circumstances may dictate an earlier revision. You will normally be given one months-notice of any fee change. Membership dues for prepaid annual memberships will be reviewed only on renewal.
H. All payments made are non-refundable under any circumstances, except in relation to a cooling off period.
I. Freezing Period: Members can apply for a freezing period due to change in physical ability, pregnancy or loss of job. Each application will be looked on an individual case. This should be done in writing to head office (email@example.com).
FACILITIES AND SERVICES
A. In order to gain access to our classes you must book in on the website.
B. Class hours and location venue are subject to change and we will normally provide 2week’s written/emailed notice where reasonably practicable. A Christmas break will apply to all classes.
CLASS AND WEBSITE USAGE RULES
A.The tools and information on the Berni Wyse Fit site are intended as an aid to weight loss, weight maintenance, and to improve health and do not offer medical advice.
B.If you suffer from, or think you may suffer from, a medical condition you should consult your doctor before starting a weight loss and/or exercise regime. If you decide to start exercising after a period of relative inactivity you should start very slowly and consult your doctor if you experience any discomfort, distress or any other symptoms. If you feel any discomfort or pain when you exercise, do not continue.
C.The tools and information on the Berni Wyse Fit site are not intended for women who are pregnant or breast-feeding, or for any person under the age of 18.
D.If you suffer from any food allergy, it is your responsibility to check the ingredients of food items.
E.Berni Wyse Fit uses information provided by manufacturers, producers and retailers and does not recommend or warranty any claims made for any product.
CLASS USAGE RULES
A. We may cancel or suspend your membership without notice if you break these rules.
i. You must wear appropriate clothes and shoes to the classes. i.e. No jeans or flipflops are permitted.
ii. You must not put the health, safety or wellbeing of other members or our Berni Wyse Fit Instructors at risk.
iii. Allow other people to use your membership to attend classes.
iv. You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other class members or Berni Wyse Fit Instructors.
B. We may refuse admission to or ask you to leave the relevant class if Berni Wyse Fit reasonably believe that you have broken any section of this paragraph. No refund will be given if you are asked to leave a class in such circumstances.
C. We are not legally responsible for any possessions you lose or that are damaged or stolen at the venue by anyone unless we have been negligent.
D. If you have an accident or injure yourself at one of our classes you must report this to the instructor straight away.
WEBSITE USAGE RULES
A. We may cancel or suspend your membership without notice if you break these rules
i. Allow other people to use your Login to view your profile and other members information.
ii. You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other members or Berni Wyse Fit Employees.
A. In the course of your membership, Berni Wyse Fit may collect certain personal information about you including personal details, financial details and information about your health. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications via the website. You have the duty to keep your personal information up to date and to inform us of any significant changes.
B. Please contact the management if you have any questions or concerns about how Berni Wyse Fit will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
C. We reserve the right to take photographs/film of our classes (which may include you, provided your inclusion is incidental) for press and promotional purposes.
CANCELLATION BY YOU
Cancellation of your membership:
You can cancel your membership anytime within the first 14 days from the day of registration. After that you may cancel your membership with one months’ notice from your last payment day, ie one more payment will come out. This should be done by written confirmation to head office (firstname.lastname@example.org) and no further payments will be taken. If you cancel your payments and don't pay your final months payment after your written notice, we will automatically take it from your card. If the payment is declined we will not allow you back to classes without you paying for that month. If you buy a Fitness Tracker from us you can return it for a refund as long as it has not be registered and is not used and still in it’s original packaging.
Cancellation by us:
A. We may cancel your membership without notice if you commit a material breach of this agreement including, but not limited to, a breach of the Class Rules, abuse or threatening behaviour or vandalism or other illegal activity.
B. We may cancel your membership with immediate effect if:
i. you have breached any terms and conditions of this agreement; or
ii. membership fees or other charges remain unpaid 7 days after the due date and such a breach is not remedied by you within seven days, after being notified by us.
C. We may cancel your membership with immediate effect if your Class permanently ceases operation, In these circumstances, we will consider providing a pro rata refund for membership fees already paid in respect of any period after the cancellation date.
Suspension of your membership:
You may suspend your membership for a month with one months’ notice from your payment day, ie one more payment will come out and your next one will be suspended. This should be done by written confirmation to head office (email@example.com) and no payment will be taken for a month. Unless you have confirmation in writing from head office (firstname.lastname@example.org), you won't have access to the classes during the month of suspension.
REDUCTION OF PAYMENTS
Reduction of your payments:
You may reduce your payments from £37/month to £27/month with one months' notice from your paymant day, ie one more payment will come out at your current rate & your next one will be reduced. This should be done by written confirmation to head office (email@example.com) and your next payment after the one months' notice will be reduced.
REFERRAL COMPETITIONS AND/OR INCENTIVES
A. No alternative prize is available and the prize is not transferable. There is no cash equivalent.
B. The competition is open to all members, who must be aged 16 or above.
C. To qualify for the offer, each friend must enter your unique referral code into the referral code box at the time of joining, no amendments can be made after they have joined. There is no limit to how many times you can enter – each friend you refer is one entry.
D. Closing date is midnight on the end date given for each competition. Both yourself, and the person you referred must hold an active membership at the time the completion is drawn.
E. Winners will be drawn at random from all entries and will be notified within 14 days. Winners agree to use of their name, pictures and video of them receiving the prize to be used in any promotional activity referring to the competition.
F. Incentive can be chosen once the member has collected enough points and cannot be reserved.
G. Points are none transferable and there is no cash equivalent.
H. We reserve the right to change the incentive at any point with no prior warning.
CHALLENGES, PARTIES, AWARDS, EVENTS, FUN RUNS, WALKS
A. Awards are only given to members who meet the rules of the challenges.
B. Annual Points Award & 1/2 Yearly Points Awards are only given to members who come to 2 Berni Wyse Fit classes/week.
C. No alternative prize is available and the prize is not transferable. There is no cash equivalent.
D. All payments made are non-refundable under any circumstances, except when there's a cooling off period (14 days after payment has been taken).
A. For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of Berni Wyse Fit including but not limited to strikes, lock-outs or other industrial disputes (whether involving Berni Wyse Fit or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
B. Berni Wyse Fit shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
C. If the Force Majeure Event prevents Berni Wyse Fit from providing any of the services for more than 90 days, Berni Wyse Fit may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you.
A. Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
B. Where a provision of this agreement is deemed to be invalid or unenforceable by any English Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
C. We may assign or transfer the benefit of this agreement our obligations under it, to any other legal entity at any time without notice to you.
D. All and any Intellectual Property Rights in or arising out of or in connection with the services provided or in relation to this agreement shall be owned by Berni Wyse Fit.
E. Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
F. Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
G. This agreement shall be governed by English law and the English courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it.