Terms and Conditions
The Terms may be updated by The HIIT House from time to time. The most current Terms will always be available on our website www.thehiithouse.co.uk
INFORMATION ABOUT US
The HIIT House Ltd is a company registered in England and Wales under company no. 11886494 and our registered office is 7 Ongar Road, Writtle, Essex CM1 3ND. The trading address is 4 Heath Buildings, High Street, Oxshott, Surrey KT22 0JP.
TERMS OF SERVICE
Please read these terms of service (“Terms”) carefully before using www.thehiithouse.co.uk (“the Site”) operated by The HIIT House Ltd (“the HIIT House”, “us”, “we”, or “our”). These Terms set out the legally binding terms and conditions for your use of the Site and for your purchase of our goods and/or use of our services. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, using our app, becoming a member, booking classes or using any of our services you agree to be bound by these Terms. If you wish to become a member of The HIIT House then you will be specifically required to indicate your acceptance of the Terms during the registration process and they will be incorporated into your agreement with us. You are only authorised to become a member, use our services or purchase goods from us if you agree to abide by these Terms as well as abiding by all of our rules and policies and procedures in place from time to time. Please read the Terms carefully and save a copy of them. If you do not agree with them then you should leave the Site and discontinue use of The HIIT House services immediately.
OUR SERVICES
We offer class-based sports and fitness services at our bespoke fitness studio. Full details of our services, membership options, opening hours, class types and times, booking requirements and availability are available on the Site. Images that we show on the Site in respect of our goods and services are illustrative only and do not form part of our agreement with you. We aim to be as accurate as possible with all our descriptions but classes may vary in content and physical activity and we cannot guarantee that we will always have the same trainer available. You are advised that we play music at our classes and that this usually involves amplified sound. Use of the Site, our memberships and classes are for over 18s only. We may from time to time offer special classes for minors but these will be clearly separately advertised and notified to ensure that they are age specific and relevant. The consent of a parent will also be required in those circumstances. We will provide the studio facilities, equipment and staff using our reasonable care and skill at all times and we will comply with all applicable laws and regulations. We will ensure that our staff are appropriately trained to provide our services and offer training.
MOBILE SERVICES
Some of our services may be available via your mobile device, including but not limited to; (i) the ability to book and/or purchase our classes; (ii) the ability to receive and reply to our messages; (iii) the ability to browse the Site from your mobile device; and (iv) the ability to access certain features through our mobile application which you have downloaded and installed on your mobile device (collectively referred to as the “mobile services”). We do not charge for these mobile services. By using the mobile services you agree that we may communicate with you regarding The HIIT House and related matters by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us in the course of our interaction with you. Our full Privacy Notice is available to view on the Site.
YOUR OBLlGATIONS
In accordance with these Terms when becoming a member of The HIIT House, attending classes, events, activities, and other programs and using our studio facilities and equipment you undertake and warrant that you: (i) Are 18 or over. (ii) Are fit and well and have no known medical (mental or physical) conditions, illnesses, pains or injuries, or take any prescription medication which might impact in any way upon your ability to participate in any class or activity or use of our facilities and equipment or which might endanger you or others. (iii) Have not been advised by a medical adviser not to participate or to limit your participation in strenuous physical activity. (iv) Will inform us immediately of any new injury, illness or other medical condition or any change in your general state of health and fitness. (v) Will notify us immediately if you become uncomfortable, suffer pain or feel unsafe during any class or activity. (vi) Acknowledge the inherent risks and dangers in the strenuous nature of the he HIIT House workout program and acknowledge that you consent voluntarily to participate in a program of intense physical exercise. (vii) Will be responsible for arranging your own sport injury insurance if you wish to have cover of this type in relation to engaging in intense physical activity of this nature. (viii) Will only use equipment correctly, safely and as instructed. (ix) Will only participate in any contact sport under the direct supervision of one of our trainers. (x) Are responsible for monitoring your own health and wellbeing during all classes and activities. You acknowledge that The HIIT House recommends that you consult with your physician prior to commencing any class and immediately thereafter if you become unwell or suffer any physical injury. We will take all reasonable precautions to avoid injuries at all times but you also acknowledge that some of these risks cannot be totally eliminated due to the nature of strenuous physical activity and that risks may vary with different types of physical activity. You are required at all times to look out for your own personal safety and that of others, comply with all health and safety laws and rules and regulations, follow your trainer and other staff members’ instructions and to immediately report any concerns to a member of staff. You agree that you will at all times comply with all of our rules and regulations, customary terms, posted safety signs, rules and verbal instructions given to you by trainers and other staff and it is a condition of participating in any class or activity and being permitted access to our studio facilities, that you do so. You will at all times comply with our dress code, attend booked events in a timely manner, respect our studio and equipment and ensure that you are courteous to our staff. In the event that you are unable to attend a booked event you must give the advertised amount of notice of cancellation or pay the non-attendance fee in the sum published from time to time. You will not be admitted into a class or event after it has started except at the absolute discretion of the trainer as this may cause danger or disruption to others. You agree to pay all membership fees and fees for classes or other events and activities immediately on demand and in the manner directed by us. We reserve the right to terminate your membership and/or exclude you from any class, activity of our premises if you are in breach of these Terms, any of our policies, rules and procedures of if you fail to follow the reasonable instructions of a member of our staff.
FEE’S AND PAYMENT TERMS
You acknowledge that The HIIT House charges fees for all of its services. We will publish our charges including any cancellation fees clearly on the Site. We reserve the right to change our fee structure from time to time at our discretion subject to first publishing the changes on the Site. Prices quoted are inclusive of VAT unless otherwise specifically indicated. Payment will be taken at the time of joining as a member or booking a class or activity and your attendance is subject to payment having been made in advance in cleared funds in accordance with our designated payment information Full details of when you must pay and how you must pay are available on the Site. We accept payment with Visa, Mastercard, Visa Debit and Amex. We do not accept orders from outside of the United Kingdom. You will be asked to pay in full in advance for our services as clearly detailed on the Site before we start providing them. You will receive email confirmation of the payment you have made and the service that you have paid for. We reserve the right not to accept payment and to notify you accordingly in respect of any services that we may not be able to provide for any foreseeable reason or if the membership or class you are requesting is over-subscribed. Fees are payable for late cancellation and non-attendance and these are as published on the Site and may be subject to change from time to time and detailed on the Site. In the event that a class has to be cancelled by us at short notice due to unforeseen circumstances you may be directed to an alternative class, the class may be rearranged or you will be entitled to receive a refund of the class fee. You are not entitled to claim for any costs you may have incurred in respect of attending a class that is subsequently cancelled at short notice. All refunds to you will be made to the card upon which you paid us in a timely manner and no later than 14 days from the date the sum is refundable to you. Membership fees once paid are non-refundable if you elect to cancel your membership early. The only exception to this is if we have done something wrong and have been unable to put it right after you have drawn it to our attention. If we terminate your membership because we believe that you have breached these Terms or any of our policies, rules or regulations, or you have failed to comply with the reasonable requests of a member of our staff then you will not be entitled to a refund of any unused portion of membership or other fees but please see your rights as a consumer and rights on termination of your agreement with us which are set out below.
CONFIDENTIALITY
You agree that you will not at any time disclose to any third party any confidential information concerning our business, affairs, customers, clients, suppliers, staff or other information which is either marked as confidential, you are told is confidential or you ought reasonably to know to be confidential. You will not take photographs on our premises or during our classes unless with the express permission of a member of our staff.
INTELLECTUAL PROPERTY
We are the owners or the licensees of all intellectual property on the Site and in all of the material published on it and those rights are protected. You will not take or use any content from the Site or from any other document or digital communication provided by us or on our behalf for either your own personal use or for that of any third party.
DATA PROTECTION
We are a Data Controller as defined in the Data Protection Act 2018 and the General Data Protection Regulations and we will comply with all of the applicable laws in relation to the handling of your personal data. We have in place appropriate technical and organisational measures which will protect you against unauthorised or unlawful processing or accidental loss, damage or destruction of your personal data. Your attention is drawn to the separate Privacy Policy on the Site which sets out in detail how we will handle personal data.
LIMITATION OF LIABILITY
Nothing in these Terms limits any liability which cannot be legally limited including: (i) Death or personal injury caused by our negligence or that of our employees or sub-contractors; and (ii) Fraud or fraudulent misrepresentation. We are not, however liable and you accept full responsibility personally for any and all injuries or damage which are sustained or aggravated by you in relation to our classes, activities and use of our studio facilities if you are participating in the same in breach of your obligations under the Terms, you have failed to disclose any medical condition or injury or relevant information to us, you have failed to take care of your own health and safety, or your death or personal injury arises merely as a consequence of you electing to participate in strenuous physical activity. In those circumstances you agree that we are not liable in any way to you, your successors in title, assigns or to your personal representatives for any losses arising from your personal injury or death and you agree to release, indemnify, and hold harmless The HIIT House and any employee, consultant, agent, sub-contractor, group company, franchisees, and each of their respective members, directors, employees and 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 participation in The HIIT House classes or activities or The HIIT House studio facilities. For the avoidance of doubt our total liability including liability in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with our agreement with you shall not under any circumstances exceed the price paid by you for our services in accordance with the Terms. Liability for consequential losses of any nature or corruption of software, data or information are all expressly excluded. We will not under any circumstances have any responsibility or any liability in respect of any clothing or personal possessions or equipment or other items that you bring or leave on our premises and you are at all times personally responsible for them.
TERMINATION
We reserve the right at any time to cancel your membership or exclude you from a class, activity or from our studio at our absolute discretion and for any reasonable reason including but not limited to protection of your health and safety or that of others, unruly behaviour, failure to comply with instructions or any other breach of the Terms or our rules, policies or procedures. Your membership or right to use our studio with automatically end after the agreed period that you have subscribed and paid for. Information about continuation and renewal is detailed on the Site. The types of membership and how these start and end are detailed on the Site.
FORCE MAJEURE
In the event that we are unable to open up our studio or supply any goods or services due to an event outside of our control then we will take all reasonable steps to contact you and advise you as soon as possible and seek to minimise any such disruption or delay. We cannot be held responsible for events outside of our control. We will seek to resume our normal business and services as soon as possible but if the delay or disruption is likely to be ongoing then we reserve the right at our discretion to bring our agreement with you to an end and to provide you with a refund for any future services that you have paid for and which we are aware we will be unable to provide.
DISPUTE RESOLUTION
Generally, if a dispute arises between The HIIT House and you, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and we both agree to use your best endeavours to try to resolve any issues of any nature that may arise in writing before resorting to bringing a claim or taking any other form of legal action. We strongly encourage you to first contact us directly to seek a resolution in respect of any issue. We will consider all reasonable requests and seek to resolve the matter swiftly. If we cannot reach agreement with you then we propose that we then seek to resolve the dispute through mediation as an alternative to litigation. GOVERNING LAW This agreement shall be governed and construed in accordance with the laws of England and Wales and if matters cannot be resolved directly or through mediation, the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
MISCELLANEOUS MATTERS
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The HIIT House’s delay or failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The HIIT House reserves the right to amend these Terms from time to time and to publish any such changes on the Site. You are advised to check the Site on a regular basis for any such changes to the Terms.