ZEST FITNESS BERKSHIRE TERMS & CONDITIONS
Please ensure that you read and understand these Terms and Conditions because you will be bound by them.
1. “Class” means a facility operated by Zest Fitness Berkshire.
2. “Class Rules” means the rules and regulations governing the use of a Zest Fitness Berkshire
3. “Zest Fitness Berkshire” “us” “we” and “our” means Zest Fitness Berkshire
4. "Member" "you" and "your" means on-going card payers, standing order, memberships, subscriptions, class passes annual and PAYG prepaid members.
5. "PAR Q” –means the physical activity readiness questionnaire completed by you online.
1. This agreement commences once you have signed up to a class/membership/subscription/free trail
2. You will be entitled to all the rights and privileges set for the Type of Membership chosen.
3. You cannot transfer this agreement to anyone else
1. PAYG entitles you to the 1 class you book. All classes listed on the timetable
2. Class Pass Memberships are for the amount of classes selected and classes must be used by the specified date or period of time.
3. Monthly subscription membership entitles you to access the Zest Fitness Berkshire Classes at any location or online on a monthly basis subject to availability. All classes must be booked on line prior to attending.
4. On Demand subscription entitles you to access the On Demand Zest Fitness Berkshire Library.
BOOKING & CANCELLATION POLICY
1. Your membership, class pass, subscription OR PAYG is non transferrable to another person.
2. Cancelling classes should be done online through the booking system. Failure to cancel classes within 4 hours of the class start time will result in loss of class credit.
3. We do not issue refunds on classes booked as PAYG, Class Passes or Memberships. You may be entitled to a transfer.
4. If you can no longer make a class we ask that you let us know as soon as possible
5. A transfer to another class of the same value or less may be made if contact is made more than 4 hours prior to the start time of class.
6. Transfers can be made ONE time only.
7. If contact is made less than 4 hours before the start time of your class this will be classed as a no show.
8. A no show is a class that is unattended by the individual
9. You may transfer if contact is made via email to firstname.lastname@example.org or email@example.com, or text to 07708540427, before the 4 hour cancellation policy time frame. This can not be altered verbally or in any other way.
10. Class passes , 4 week unlimited, monthly subscriptions and special offers exclude Zumba with Anita Tuesday 6pm and Friday 9:30am
YOUR MEMBERSHIP/ SUBSCRIPTION/ CLASS PASS/ PAYG CREDIT
A. You must be over the age of 16 to become a Zest Fitness Berkshire member or attendee. Under 18's must be accompanied by a responsible adult.
B. You must complete the PAR Questionnaire before you start using your membership or attend a session 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. By signing up to a class you confirm you are currently following all relevant government guidance regarding coronavirus.
C. On entry into this Membership Agreement and every time you enter a Zest Fitness Berkshire Class during your membership or class you have paid for, you warrant and represent to Zest Fitness Berkshire 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 or class.
D. You will register as attended before you enter a class.
E. Your membership/ subscription/ purchasing a class pass or PAYG credit allows you to access any Zest Fitness Berkshire class subject to availability and the terms in any offer, in accordance with the type of membership/subscription/ class pass or payg 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 Zest Fitness Berkshire membership and other fees on time. Depending on the package, we may also charge you a setup fee. This setup fee will be displayed on the website and is non-refundable.
C. In addition to any setup fee and the membership fees, we may also charge fees for personal training and any other services Zest Fitness Berkshire 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/using the services and to set up your payments. If you don't do this, your Zest Fitness Berkshire 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. 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.
F. Your 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. Fees due for prepaid annual memberships will be reviewed only on renewal.
G. All payments made are non-refundable under any circumstances, except in relation to a cooling off period.
H. 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 (firstname.lastname@example.org).
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 1 week’s written/emailed notice where reasonably practicable. A Christmas break will apply to all classes. A short Easter & Sort Summer break will apply to some classes. We reserve the right to make changes to the Class Timetable at any time should we be required to. Notice shall be given through the correct channels should this arise. You will not be entitled to a refund in these circumstances.
CLASS AND WEBSITE USAGE RULES
A.The tools and information on the Zest Fitness Berkshire site are intended as an aid to help improve health, fitness & wellbeing 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 Zest Fitness Berkshire 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.Zest Fitness Berkshire 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/subscription/ class pass or PAYG credit 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 Zest Fitness Berkshire Instructors at risk.
iii. You must not 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 Zest Fitness Berkshire Instructors.
B. We may refuse admission to or ask you to leave the relevant class if Zest Fitness Berkshire 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 may refuse admission to or ask you to leave the relevant class if Zest Fitness Bershire has reason to believe you are not following current government guidance regarding the coronavirus pandemic.
D. 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.
E. 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. You must not 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 V-Healthy Employees.
A. In the course of your membership/ subscription/ class pass/ PAYG Credit, Zest Fitness Berkshire 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 Zest Fitness Berkshire 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 (email@example.com) 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 (firstname.lastname@example.org) and no payment will be taken for a month. Unless you have confirmation in writing from head office (email@example.com), you won't have access to the classes during the month of suspension.
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 attend to 2 or more Zest Fitness Berkshire classes a 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 Zest Fitness Berkshire including but not limited to strikes, lock-outs or other industrial disputes (whether involving Zest Fitness Berkshire 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. Zest Fitness Berkshire 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 Zest Fitness Berkshire from providing any of the services for more than 90 days, Zest Fitness Berkshire 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 Zest Fitness Berkshire.
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.
COVID -19 RULES
1. Failure to obide by these rules may result in your membership or class credit being either suspended or terminated,
- Every participant to complete a new PAR-Q (Health Questionnaire)
- Participants agree to their details being held securely (in line with GDPR) for 21 days for Track & Trace.
- Self-screening of individuals before they arrive at the class to ensure individuals displaying COVID-19 symptoms or those who should be shielding do not travel or attend.
- 1 way traffic flow in and out of venues (separate entrance and exits where possible)
- Participants should arrive changed and ready to begin the class.
- Personal belongings should NOT be brought into class, other than a personal water bottle and keys which should be placed in the baskets provided, at the edge of your individual workout area (No sweat towels.)
- A phone will be allowed but this must NOT be touched during the class, if you are required to take a call or use the phone you must exit the building to do so. Re-sanitising to enter again)
- Participants must bring their own equipment (we will no longer be providing equipment, there will be an option to purchase or long terms loan from us)
- All equipment must be sanitised at the venue before and after use
- Ventilation systems should provide 100% fresh air and not recirculate air from one space to another- which means NO fans or air con. We will have all the doors and windows open in all venues
- Each participant will have their own exercise area, and must keep within this area during the class.
- Face coverings- When entering, exiting and moving around venues (Going to the toilet etc) face coverings must be worn but NOT FOR EXERCISING. (Please do let us know if you are exempt.)
- When waiting to enter, moving around & leaving the venues please observe social distancing.
- Participants should comply with all public health restrictions and avoid congregating in groups, in order to reduce the risk to their fellow participants.
- No physical contact such as handshaking, hugging of class participants or movements/choreography than involves body contact. Participants should not hand any personal items to the instructor.
- The appropriate cleaning will be undertaken at venues before and after classes. For any back to back classes please expect longer gaps between class (you will be asked to exit the venue in between classes, if attending back to back classes), for the appropriate cleaning to take place before the next class enters.
- You will be asked to exit the venue row by row, please wait to be released by your instructor.
- Parking at venues- please park away from others where possible to observe social distancing.
- Kitchens will be out of use, so you MUST bring your own water (there will be strictly no access to water so please bring plenty for your session(s))
- In addition to hand wash and disposable towels in the toilets, extra hand sanitizing stations will be available. You must sanitize your hands on entrance and exit.
- To avoid the spread, minimal movement around the venue is required, please go to the toilet before coming to class, if you must use the toilet during your time in venues, please observe social distancing, wear a mask and note the 1 person at a time in the bathroom. Please sanitize your hands before entering the bathroom, flip the sign to occupied, sanitize after use and flip sign back to vacant.
- By attending any face to face class, participants are aware of the increase in transmission risk associated with group activity and understand that they are opting to participate in group exercise class
- Participants are encouraged to maintain their personal hygiene at home before and after the group exercise class
- Participants should always bring their own hand sanitizer and maintain strict and frequent hand hygiene measures while at the venue. For advice on reducing the risk of infection when outside your home see here. https://www.nhs.uk/conditions/coronavirus-covid-19/social-distancing/what-you-need-to-do/
- Instructors should pay close attention to the volume of their music. Music should not be played at a level that encourages shouting. This is because of the potential for increased transmission.
- Instructors not to move from their space at the front, no walking around to check form, only observe from a distance, only verbal & visual communicate of corrections, no hands on.
- Participants to report any infection of their household to the NHS Test and Trace system following use of the facility to limit the spread of the virus.
1. Zest Fitness Berkshire reserves the right to end any promotion without warning at any time.
PERSONAL TRAINING ADDITIONAL TERMS
- ONCE BOOKED AND PAID SESSIONS ARE NON REFUNDABLE
- SESSIONS ARE TO BE BOOKED IN ADVANCE
- IF YOU ARE LATE TO YOUR SESSION YOU WILL RECEIVE THE REMAINING TRAINING TIME OF ORIGINAL BOOKING
- SESSIONS ARE NON TRANSFERABLE TO ANOTHER PERSON
- SESSIONS MUST BE USED BY EXPIRY DATE OR THEY WILL BE LOST
- RENEWED SESSIONS ARE TO BE PAID FOR IN FULL, ON THE LAST SESSION OF THE EXISTING BLOCK.
- SESSIONS CANCELLED WITHIN 24 HOUR OR LESS WILL BE CHARGED 100%
- SESSIONS CANCELLED WITH MORE THAN 24 HOURS NOTICE CAN BE RESCHEDULED AT THE INSTRUCTORS AVAILABILITY AND IF THE SESSION IS PART OF A BLOCK BOOKING MUST BE BEFORE EXPIRY DATE OF BLOCK