LEGAL DISCLAIMER | Fitclub Collective

FITCLUB COLLECTIVE S.L

MEMBERSHIP TERMS AND CONDITIONS DISCLAIMER

This document does not constitute as legal advice and must not be relied upon by you as a substitute for legal advice. We are not responsible for any action taken or not taken in reliance on this document.

FCC TRAINING MEMBERSHIP AND TRIALS: TERMS AND CONDITIONS

DEFINITIONS:

Agreement means this agreement, comprising of the details and the terms and conditions of Fitclub Collective.

Class or Classes means an exercise class conducted by a trainer from Fitclub Collective at a studio.

Fees means the fees payable for a Membership or once off payment for an individual class.

FCC is the abbreviation of Fitclub Collective S.L.

FCC Training means the method that has been created by Founder Camila Monguzzi

Guest means any person who attends a class or classes who is not an active Member.

Health form is the questionnaire and form that FCC requires as screening before participating in a Class.

Member means a person who holds a Membership with Fitclub Collective.

Membership includes a month to month membership, multipass membership or a plan membership.

Online booking means the online system in which Members or Guests can view and select a Class to attend and purchase a Membership.

Terms means these terms and conditions.

Trainer means any person who is instructing, or assisting with the instruction of a class.

̈You ̈ means the Member or Guest subject to this Agreement.

FEES

The Fees you have to pay and the terms of this Agreement are accessible on our webpage and can be provided to you in a physical copy.

If you do not make a payment when it is due, your Membership may be suspended and you could be refused access to a Class until all outstanding amounts have been paid.

Your membership may be terminated if any Fees remain unpaid for an extended period of time.

You will still be liable to pay all pending amounts.

If you pay any Fees, by direct debit, then this will through our website.

By agreeing to these terms and conditions and providing your desired payment method, you are authorizing us to deduct Fees from your account.

HEALTH & SAFETY

When you become a Member/sign up for a class and each time you participate in a Class you must ensure that

you are in good physical condition and know of no medical or other reason why you should not exercise.
you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of:
1. active or passive exercise, or
2. participating in a Class.

If you are unsure about any of the matters set out above, you should not participate in an FCC Class until you have sought professional medical advice and have been given permission from your doctor to participate.

You must not participate in a Class if:

you have an infection, contagious illness or physical ailment, such as an open cut or sore
there is any other risk, however small, to other Members and Guests.

YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATING IN CLASSES AT FCC INVOLVES STRENUOUS PHYSICAL ACTIVITY AND MAY NOT BE SUITABLE FOR ALL PERSONS. IMPROPER USAGE OF ANY ITEM OF EQUIPMENT OR A FAILURE TO FOLLOW INSTRUCTIONS FROM A TRAINER MAY RESULT IN INJURY OR DEATH.

You agree to give us all relevant personal, health and fitness information both before and during the course of any exercise program or other activity that you participate in at FCC. You also agree to complete our Health Form and confirm that all information is correct. In some cases, the responses that you give will require you to see a healthcare professional, in such cases you shall not attend a Class until you have received the necessary care from such professional. You acknowledge that any other screening is no substitute for medical advice and does not guarantee against injury or death. You promise that all the information you provide us with is true and accurate and not misleading in any way. If this information is misleading and an injury, damage or death occurs, you will claim full responsibility and FCC will deny such responsibility.

By signing this Agreement you confirm that you are aware of the risks involved by coming to FCC and by doing the activities offered and that you understand that all sports or fitness that you will execute and participate in are entirely at your own risk and perils.

You accept that by voluntarily assuming the risks involved, you will be solely responsible for any loss or damage that you sustain, including personal injuries, damage to your property or damage arising out of your death.

We may suspend or cancel your Membership if we have reason to suspect that you have not properly complied with any part of this clause.

4. PRIVACY

When you apply for a Membership or Class you will need to provide us with certain information. You agree to FCC accessing personal information about you and using it in relation to your health, fitness and nutrition.

You understand that photos, films, videos or audio recordings are sometimes taken of Members and Guests for promotional purposes. By participating in a Class you are agreeing to these videos being published online.

By agreeing to these Terms, you agree to allow your image or recording to be used for legitimate purposes by FCC.

5. YOUR RESPONSIBILITIES

If you behave in a risky or seriously inappropriate manner, for example, if you threaten or harass others, damage equipment, distribute illicit substances or train other Members without our authorization appropriate action will be taken. For example, your membership may be suspended or cancelled.

If your conduct causes us or another person costs, loss or damages you agree to pay for these.

For your health and safety and the other Members you must ensure you comply with any direction given to you by an Instructor or any other staff member from time to time.

The FCC rules apply to everyone forming part of a Membership or participating in a class. The rules form part of this Agreement and you must make sure you read and understand and follow them at all times.

If you break any rules we will respond in a way we consider fair and appropriate. In less serious cases we may simply give you a warning, however in more serious cases or in the case that you have repeatedly broken the rules we may suspend or cancel your Membership.

If your breach causes another person costs, loss or damages you agree to pay for these.

You promise to always take care of the use of the facilities provided by FCC and all exercise equipment and material, safely and properly. If you are ever unsure of how to use the material and equipment properly you must ask a Trainer before you use it.

You agree to pay for any loss or damage to FCC facilities, equipment and material caused by you through a wilfill, wrongful or negligent act or as a result of your breach of this Agreement.

You agree to follow any direction of a Trainer relating to health, safety or security related matters.

You agree not to bring valuables to a FCC event or facility and agree that it is not the obligation of FCC to look after unattended property.

6. COMMERCIAL ACTIVITY

You acknowledge that engaging in any business activity at FCC, such as offering your own training services or selling goods is prohibited unless given permission to do so by Fitclub Collective.

If FCC gives you written and formal permission, FCC is able to revoke this at any time.

7. FREEZING YOUR MEMBERSHIP

FCC will give you permission to temporarily suspend or freeze your Membership as long as there is good reason and your account is up to date.

You will be allowed to freeze your membership twice over a 6 month period and any additional suspensions will have to be justified. There will be a time limit of one month per suspension, for a longer period you will have to justify your absence. For example, in cases of travel, medical or hardship reasons.

8. CANCELLING YOUR MEMBERSHIP

You can cancel your Membership at any time by telling us in writing that you cannot form part of FCC and participate in classes due to a serious illness or a permanent physical incapacity during the term of your Membership. This must be confirmed by a professional, we may need further verification from a medical professional. If you cancel your Membership due to the reasons above, we may charge you an Administration fee and you will be charged for the time you were a Member (pro rata basis).

A Cancellation Fee is payable if you wish to cancel your Membership for your convenience during the term of your agreement. It is an amount equal to 50% of the balance of your Fees for the remainder of your agreement.

9. TERMINATION

If we cancel your Membership due to a breach on your part, you will be liable for Fees incurred, i.e. Fees for the time you were a member (calculated on a pro rata basis). We may also charge a Cancellation Fee and recover costs, loss or damages caused by your breach.

You promise that you are not bankrupt or insolvent and are able to pay applicable Fees at any time of signing.

10. OUR LIABILITY

Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, we are not liable for death or injury caused by our own negligence or breach of implied terms that services will be provided with reasonable care and skill. This does not exclude our liability for reckless conduct.

11. GUESTS

Each Guest agrees to and must comply with the above clauses 3, 4, 5, 6, 10, 12 as if a reference to a Member was a reference to a guest.

12. OTHER LEGAL MATTERS

We are not responsible if Members cannot use our facilities or services because of an event caused by force majeure or any other instance that is beyond our reasonable control. If this continues for a period that extends a month, then either you or we may cancel this Agreement immediately by written notice. In this case, no fee will apply.

If a court, EU law, or Spanish law, deems any part of this Agreement illegal, void or unenforceable, that part will be deleted, however does not invalidate the rest of this Agreement.

If we do not enforce certain rights stipulated under this Agreement at any time, it does not mean that we will not do so in the future.

You agree that we have not made any representations or promises that you have relied on, that are not in this Agreement.