1. INTERPRETATION & VARIATION
1.1 In the Terms and Conditions the following definitions apply:
“Company” means Heartcore Fitness Limited, 7 Plaza Parade, London, NW6 5RP.
“Member” means any person that has completed and submitted the online registration form (the “Registration Form”) at the Heartcore Fitness Limited website, www.heartcore.co.uk, and which registration has been accepted by the Company.
“Studio” means any one of the Heartcore Fitness Limited studios at Kensington: 11a Stratford Road, London W8 6RF; Notting Hill: 36 Uxbridge Street, London W8 7TN; Notting Hill 2 | Bayswater: 57 Ossington Street, London, W2 4LY; Hampstead: 50 Hampstead High Street, London NW3 1QG; Chelsea: 6 Burnsall Street, London SW3 3ST; Park Lane: Hilton Park Lane Hotel, 22 Park Lane, London W1K 1BE; St. John’s Wood: 27a Queen’s Terrace, London NW8 6EA; Fulham: 723 Fulham Road, London, SW6 5UL; Soho: No. 1 Carnaby Street W1F 9QF and City: c/o Blue Cow Yoga, 7-11 Moorgate, London EC2R 6AF and a reference to a Studio in the Terms and Conditions will be to the relevant studio at which a Member has booked to attend sessions, including online via Social channels and Zoom.
“User” anyone using the Company’s Website, who is 18 years of age and over.
“Terms and Conditions” means these Terms and Conditions.
“Website” www.heartcore.co.uk and any sub-domains of this Website unless expressly excluded by their own terms and conditions.
1.2 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
1.4 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and /or unenforceable, the other provisions will continue in effect.
1.5 The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. Any such changes will be notified to Members and, until revoked, are and will be binding on Members.
1.6 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2.1 To become a Member, the Registration Form needs to be completed and submitted by a person and accepted by the Company. “Registration Process”
2.2 By completing and submitting the Registration Form the User agrees to these Terms and Conditions, which are also attached to the Registration Form.
2.3 Acceptance of a person as a Member is in the absolute discretion of the Company.
2.4 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended.
2.5 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions.
2.6 “Members must be a minimum of 18 years of age. Individuals aged 16 and 17 are permitted to become members subject to express written consent from a parent or guardian and are permitted to attend sessions if (a) they accompanied by a parent or guardian and (b) it is believed that they will genuinely benefit from the training.
3. STUDIO OPENING TIMES
Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.heartcore.co.uk
4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.heartcore.co.uk or directly from the Studio and will be such prices as determined by the Company from time to time.
4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session.
4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions.
4.4 A Member may only buy gift certificates for other Members.
5. BOOKINGS & CANCELLATIONS
5.1 A Member may only book or reschedule sessions for themselves via their personal Studio booking facility at www.heartcore.co.uk.
5.2 A member can book for 1 class per day.
5.2 Members will be charged for a session where cancellation or the rescheduling of a session is not made online or notice of the same is not delivered by hand to the Studio and received in person by a Studio worker at least 12 hours prior to the booked time for group classes*. Personal Training Sessions and Workshops with at least 24 hours notice. For live stream classes via Zoom, at least 2 hours prior to the class start.
Members enrolled in a monthly recurring membership, will be charged for all late cancels and no shows at the single class price specific to that class discipline.
*COVID-19 / Update to cancellation policy
We are reducing the cancellation window for group classes to 6 hours starting Saturday July, 25 2020 and will automatically revert back to the 12 hours cancellation window from Tuesday September 1, 2020. Please ensure to cancel your booking outside of the 6 hours window to avoid being charged for your class booking.
5.3 Sessions are booked on a first-come first-served basis. A Member may use the waitlist facility at www.heartcore.co.uk in the event that his first choice session is unavailable. If a Member joins the waitlist for a particular session and becomes automatically enrolled, his booking will be subject to the Terms and Conditions in the usual way.
5.4 Sessions are valid from, and include the date of purchase, and are non-refundable.
5.5 If a member has booked a livestream class using a class credit and missed or is unable to attend, they can obtain a recording of the booked live class by emailing firstname.lastname@example.org. The recording will be sent via email and will have an expiration date of 11:59pm GMT / BST on the same day the livestream class was scheduled.
Live Class Pack (Zoom classes)
1 Session: valid for 2 weeks from the date of purchase
3 Sessions: valid for 2 weeks from the date of purchase
5 Sessions: valid for 2 weeks from the date of purchase
10 Sessions: valid for 2 weeks from the date of purchase
Heartcore Class Pack
Intro Offer: valid for 2 weeks from the date of purchase
1 Session: valid for 2 weeks from the date of purchase
5 Sessions: valid for 6 weeks from the date of purchase
10 Sessions: valid for 3 months from the date of purchase
20 Sessions: valid for 4 months from the date of purchase
30 Sessions: valid for 6 months from the date of purchase
10 HEARTCORE CLASS PASS
Comprises 10 class credits for a monthly fee of £195. Billed from the date of purchase, and thereafter on the same date of each month for a minimum of two months, until one months cancellation notice is provided by email to email@example.com. 10 class credits activate from the date of purchase, and thereafter on the same date of each subsequent month. Any unused credits automatically expire after one month. This contract automatically renews after 12 months. Memberships can be frozen for one billing period at a time, twice in any 12 month period and at any time 48 hours prior to a payment date by contacting firstname.lastname@example.org. Freezing a contract during the initial 2 month term will result in extension by the number of months frozen. Memberships are non-transferable and exclude refunds, unless requested within 14 days of the contract start date. All Late Cancels (within 12 hours of class start – reference to 5.2 above: 6 hours July 25th 2020-August 31st 2020) and No-Shows will be deducted from the class pass. Class credits are valid for any Heartcore class across all London studios. Additional class credits for bookings within the billing month can be purchased via email@example.com at the rate of £20/session.
Upon request, Monthly Memberships can be billed pro-rata for the month from the date of purchase and thereafter on the 1st of each month until one months cancellation notice is provided to firstname.lastname@example.org.
Workshops + Private Group classes : valid for specific event date
Personal Training + Semi-Private sessions
1 Session: valid for 2 weeks from the date of purchase
6 Sessions: valid for 2 months from the date of purchase
12 Sessions: valid for 3 months from the date of purchase
18 Sessions: valid for 6 months from the date of purchase
6. FITNESS & HEALTH
6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio.
6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any).
6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor.
6.4 Members who are pregnant, or immediately following pregnancy, will be able to participate in the sessions, subject to the provisions set out in Clause 7. Members who are pregnant at the end of their 2nd trimester, will only be allowed to participate in mat-based Pre-natal classes, Pilates, Barre, Yoga Restore, Ritual, Personal Training and Semi-Private sessions.
6.5 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities.
6.6 Members are required to follow the instructions of the teacher at all times.
6.7 Members shall not be allowed to attend any session whilst under the influence of alcohol or drugs. In the event they do attend, this is entirely at their own risk.
6.8 Members are not allowed to use any of the Studio’s equipment unsupervised and outside the sessions.
6.8 Members suffer an accident or injury on the Company’s premises must report the accident or injury and the circumstances in which it occurred immediately following the accident or injury to a staff member at the studio.
7. PREGNANCY (Pre and Post Natal)
7.1 Members may attend in-person group sessions, during pregnancy up until the end of their 2nd trimester. After the 2nd trimester, they will be able to participate in mat-based Pre-natal, Pilates, Barre, Yoga Restore, Ritual, Personal Training and Semi-Private sessions only.
7.2 Members that participate in any exercise program, while pregnant or immediately following pregnancy, may increase the risk of injury to themselves and, if applicable, to their unborn child. Members hereby personally accept any and all risk associated with participating in exercise classes at the Studio.
7.3 Members who are pregnant, or immediately following pregnancy, understand that their level of participation in the exercise class and which exercise to perform must be determined by themselves, in consultation with their physician, and that the Studios and their teachers are not responsible for the intensity of their participation. Members shall undertake to stop all activity immediately if they feel any discomfort. Upon experiencing any discomfort at any time either during or after class, the member shall immediately contact their treating physician/GP/Midwife to inform him/her and seek advice.
7.4 Members who are pregnant, or immediately following pregnancy, understand that the teachers of the Studio are not physicians, nurses, or emergency medical technicians, and that the teachers and the Studio, by making the exercise class available, are not undertaking any responsibility regarding the members’ medical condition(s).
7.5 Members who are pregnant, or immediately following pregnancy, hereby release, indemnify and hold harmless the Studio, its respective directors, officers, parents, subsidiaries, affiliates, agents and the teachers of the exercise classes, from any and all claims, demands, personal injuries, costs, or expenses (including legal fees) arising from or relating in any way to their or their child’s (born of unborn) participation in the exercise classes, now or in the future, except in so far as permitted by law and unless caused by the negligence of the Studio.
7.6 Any information held by the Studio regarding the health status of Members who are pregnant or immediately following pregnancy shall be treated as confidential and only be released in accordance with GDPR Regulation.
8. LIMITATION OF LIABILITY
8.1 The Company cannot be held responsible for any particular session, teacher and/or item of Pilates equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, teachers and/or equipment, as well as to those ancillary facilities (e.g. showers), provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
8.2 It is the Member’s responsibility to ensure that he is capable of undergoing a routine of exercises provided by any programme which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our teachers at no time constitutes medical advice in substitute for advice provided by a medical professional.
8.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
8.4 In consideration of their participation in the activities and programmes of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries or damages resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities save in respect of death or personal injury caused by the negligent act or omission of the Company.
8.5 COVID-19 Assumption of risk. You accept that despite the Company taking and implementing precautions in accordance with Government guidance, the Company cannot guarantee that you will not be exposed to COVID-19, including without limitation through touching and using exercise equipment, studio facilities, and/or amenities, participating in training and/or group fitness, and through direct and/or indirect interactions with other members, staff or individuals who may have COVID-19 or may have been exposed to COVID-19. By accessing any of our studios, you knowingly and voluntarily assume all risks, known or unknown, that are associated with any exposure to COVID-19. The Company assumes no liability for any COVID-19 related loss, damage or injury except as cannot be excluded by law.
9. USE OF FACILITIES
9.1 A Member is entitled to use the Studio’s facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.
9.2 Children under the age of 16 may only attend private classes accompanied by a parent or guardian adult.
9.3 Children over the age of seven may not enter changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.
9.4 Members are allowed to use the Studio’s property (including towels, toiletries etc. where available) provided as a courtesy to its Members when attending sessions at the Studio only. The removal of any Studio’s property from their premises may result in the termination of the Member’s membership and legal action.
9.5 Members are allowed to use mobile phones, but they should be put on silent during the class.
9.6 No photos or videos are allowed to be taken of the Studio, staff or other members without their prior consent and the consent of the Company.
9.7 As of July 25th, 2020 and until further notice, children, dependants or guests of a member taking class are not admitted to the studio.
10. PERSONAL BELONGINGS
Personal belongings are brought onto the Studio premises at the Member’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
Members are requested to wear a form of dress appropriate to the practice of Pilates and Heartcore Fitness Limited recommend that Members wear stretch pants or shorts and a T-shirt or sports top. Members should attend sessions barefoot or, if preferred, with socks. Footwear should be removed in the reception area before entry to the changing rooms or the studio.
12. SAFETY & HYGIENE
12.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio training spaces or changing areas and remain at the discretion of the company.
12.2 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have Verruca or similar foot complaints.
12.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.
12.4 Smoking is forbidden in the Studio.
13.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company.
13.2 The Company reserves the right to refuse admission to the Studio.
13.3 The Company may assign the benefit of the Registration Process and a Member’s membership to a third party at any time without notice to the Member.
13.4 A person who is not a party to the Registration Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Process.
13.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
13.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members.
13.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company’s copyright.
14.1 By using the Company’s Website, the User accepts these Terms and Conditions in full.
14.2 The User must not use the Website in any way or take action to cause damage to the Website or impairment of the performance, availability and accessibility of the Website.
15. INTELLECTUAL PROPERTY
15.1 All the content including on the Website, including, but not limited to, text, graphic, logos, icons, images, sound, video clips, data compilations, page layout, underlying code and software is the property of the Company or other relevant third parties. By continuing to use the Website the User acknowledge that such material is protected by applicable English Law and International Intellectual Property law.
15.2 The User is not entitled to reproduce, copy, distribute, store or in any fashion re-use material from the Website unless given permission to do so by the Company.
16. LINKS TO THIRD PARTY’S WEBSITE
16.1 The Company’s Website may include links to third party’s website in order to provide the User/Member with useful information however the Company will not be responsible for the any content of such websites and pages or for anything provided by such third party’s website.
17.1 The Company does not warrant or represent the completeness or accuracy of the information published on their Website and or that the material on their Website is up to date.
17.2 The Company reserves the right to discontinue or alter any or all of their Website at any time in their sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms and Conditions, the User will not be entitled to any compensation or other payment upon the discontinuance or alteration of the Website.
18. LIMITATION OF LIABILITY
18.1 To the maximum extent permitted by law, the Company accepts no liability to the User in respect of:
a) any losses arising out of any event or events beyond their reasonable control;
b) any business losses, including, without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
c) any loss or corruption of any data, database or software;
d) any special, indirect or consequential loss or damages;
e) any liabilities arising under these terms and conditions or relating to the subject matter or these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
COPYRIGHT © 2020 HEARTCORE FITNESS LTD.
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