FITNESS | HEALTH | EDUCATION

Terms and Conditions / Liability Waiver

1. Interpretation & Variation
1.1 In these Terms of Use the following definitions apply: “Company” means Think Fit Premier Limited. “Client” means any person that has completed and submitted the online registration form (the “Sign Up Form”) at the Think Fit website, https://www.think-fit.co.uk, and whose registration has been accepted by the Company. “Studio” means the Think Fit studio at 168 Lisburn Road Belfast, BT9 6AL. “Terms and Conditions” means these terms and conditions.

1.2 References in the Terms and Conditions and Terms of Use to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.

1.3 These Terms of Use are incorporated into the Sign Up Form.

1.4 The Company reserves the right to vary and revoke the Terms and Use and 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 Clients. Any such changes will be notified to Clients and, until revoked, are and will be binding on Clients.

1.5 The Terms and Conditions / Terms of Use will be governed by the Laws of Northern Ireland and are subject to the exclusive jurisdiction of the Northern Irish courts.

2. Clients
2.1 Subject to the Terms of Use when a person has completed the Sign Up Form they will become a Client of the Studio.

2.2 Acceptance of a person as a Client is at the absolute discretion of the Company.

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the Membership or Classes of any Client 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 Terms of Use where such expulsion is otherwise in the interests of the other Clients of the Studio. Any Client so expelled will forthwith cease to be a Client of the Studio and will not be entitled to any refund for any period during which the membership or classes are suspended.

2.4 If a Client brings a guest to the Studio for a session, that guest must before the
commencement of the relevant session become a Client in accordance with and subject to the Terms of Use.

2.5 Clients must be 16 or over.

3. Studio Opening Times
Details available either at the Studio or at https://www.think-fit.co.uk.

4. Payment Terms

4.1 Details of session and other services prices are available either at https://www.think-fit.co.uk or directly from the Studio and will be such prices as determined by the Company from time to time.

4.2 A Client may not attend any session or class at the Studio without first booking and paying for the relevant session or class.

4.3 Payments in any amount are non-refundable.

4.4 A Client may only buy gift cards for other Clients, or the prospective Client must sign up (register) to Think Fit prior to attending the Studio.

4.5 Think Fit reserve the right to terminate the Client’s Membership for any reason.

4.6 Clients must keep an active credit or debit card on file so that any late cancellation and no show fees can be recouped in line with the bookings and cancellation policy and for reconciliation of any unpaid sessions or bookings deemed invalid.

4.7 Clients must only hold one account with Think Fit at any time and are expressly
forbidden from setting up accounts for other clients or sharing data. Duplicate accounts containing matching data/information across multiple registrations will be deemed duplicate accounts and merged. Any invalid intro offers redeemed will be voided or reconciled as needed against the client’s stored credit card. Any subsequent bookings made will be charged at the normal rate.

5. Class Bookings & Waiting Lists
5.1 A Client can book or reschedule classes and one-to-one sessions only for themselves and registered guests. Bookings can be made via the Think Fit App, think-fit.co.uk, or in person at the Studio.

5.2 Sessions can be booked according to the advanced bookings rights afforded to
Members and other Non-Member Clients. Slots will be accepted on a first-come-first-served basis. If you are awarded a place for a session or class having been on a waiting list, you need to confirm your reservation 3 hours prior to the start the session or class. Each time you are added to a session from the waiting list you will receive an automatic Waiting List Notification email. Once you receive the notification, sign into your schedule to confirm online at https://www.think-fit.co.uk. Once a session is confirmed you will be held to the cancellation policy for that session, including the date of purchase.

5.3 Clients must adhere to the booking policy as has been outlined here.

6. Your Fitness & Health
6.1 By agreeing to the Terms of Use / Terms and Conditions Clients 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 difficulties); diabetes, epilepsy or any allergy) which may affect their participation in any class or private session at the Studio, or which may be contagious to other clients or staff.

6.2 It is the Client’s sole responsibility to notify the Studio before attending any class or private 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 Clients are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. Clients with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Client should consult their doctor.

6.4 For healthy and safety reasons, Clients may not attend more than 2 sessions per day.

6.5 Think Fit staff reserve the right to refuse access to any Client if, in their absolute
discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities.

6.6 Think Fit staff reserve the right to refuse access to any Client if, in Think Fit’s sole
opinion, it considers that the session booked by the Client is not suitable. This applies
specifically to pregnant Clients or where the Client has not completed the required number of sessions deemed necessary to participate in certain session formats. Please view the services pages on our website for details of requirements.

6.7 Clients are required to follow the instructions of the trainer at all times.

7. Limitation Of Liability
7.1 The information available on or through this Site, and the Services supplied via or in connection with this Site or at the Think Fit Studio, do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. Before commencing any exercise regime, you should consult your doctor. It is also vital that you supply us with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on this website (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives,
heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this web site or provided through any Service supplied by us to you. You, your legal representatives and your heirs release waive, discharge and covenant, not to sue Think Fit Premier Limited and its instructors for any injury or death caused by their negligence or other acts, or the actions of any staff or other clients. Any client questions or complaints please email nicola@think-fit.co.uk.

7.2 It is the Client’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme which they follow or class which they attend. Clients accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. The advice provided by our instructors at no time constitutes medical advice in substitute for the advice provided by a medical professional.

7.3 The Company accepts no liability for loss or damage to the property of Clients or for injury to Clients on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.

7.4 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 Client 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. Use of Facilities
8.1 A Client 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, maintenance work, business requirements or for reasons beyond the control of the Studio or the Company.

8.2 Children under the age of 16 may not use the Studio room or attend classes.

8.3 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. Personal Belongings
Personal belongings are brought onto the Studio premises at the Client’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.

10. Dress
Clients are requested to wear a form of dress appropriate to the practice of fitness activities and Think Fit recommends that Clients wear sports or active wear. Clients must attend sessions with sports shoes on which cover the entire foot; no session will take place with incorrect or absent footwear.

11. Safety & Hygiene
11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or Studio floor. Only closed containers of water are permitted in the Studio rooms.

11.2 Clients must not walk around the Studio barefoot or in socks for their own safety.

11.3 Clients 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 Clients must not interfere with these exits for any reason. In the event of a fire, Clients are asked to make their way to the nearest available exit.

11.4 Smoking is forbidden in the Studio.

12. General
12.1 Clients 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 Client within five days of mailing to the last address notified to the Company.

12.2 The Company reserves the right to refuse admission to the Studio.

12.3 The Company may assign the benefit of the Sign Up Process and a Client’s membership to a third party at any time without notice to the Client.

12.4 A person who is not a party to the Sign-up Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Sign-up Process.

12.5 The Company may, if a Client so wishes communicate with the Client by electronic mail (“email”). By providing an email address to the Company the Client consents to receive email communications from the Company, including notices pursuant to the Terms and Conditions. The Client 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 Client by email.

12.6 Clients 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 Clients.

12.7 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 Clients at the Studio will at all times remain the property of the Company and will be subject to the Company’s copyright.

12.8 Clients acknowledge that classes that may be physically strenuous are voluntarily participated in by them with full knowledge and that there is a risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns nor legal representatives will sue or make any other claims of any kind whatsoever against or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

12.9 We do not offer refunds of products or packages or extend expiry dates.

12.9.1 Clients may not create accounts or registrations for other clients on behalf of the client or by using their own personal details.

13. Introductory Offers
Introductory offers are strictly offered at one per person and for new clients only.

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