Our Terms and Conditions
Your attention is specifically drawn to clause 10 (Cancellation Charges).
- These terms
- What these terms cover. These are the terms and conditions on which we provide studio classes and membership to you.
- Why you should read them. Please read these terms carefully before you submit your membership purchase to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- Information about us and how to contact us
- Who we are. We are CLASS Riverside Ltd trading as CLASS Bath a company registered in England and Wales. Our company registration number is 11534567 and our principal place of business is at Ground Floor, Sovereign Point (B16), Bath Riverside, Bath, BA2 3ET. Our registered VAT number is 310918329.
- How to contact us. You can contact us by writing to us at firstname.lastname@example.org.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your purchase.
- Our contract with you
- How we will accept your membership. Our acceptance of your membership purchase will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your membership purchase. If we are unable to accept your purchase, we will inform you of this and will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the class or membership.
- PROVISION OF SERVICES
- We will provide our membership to you from the date your membership begins in accordance with the terms of your contract with us.
- In providing our services, we will perform these with reasonable skill and care and will observe all reasonable health and safety rules and regulations.
- You must:
- co-operate with us in all matters relating to the provision of the services;
- adhere to our class and membership rules which can be found at the studio at any time;
- provide us in a timely manner all information we may require including from time to time, such as completion of our fitness questionnaire before you undertake any exercise and disclosure of any medical or health issues you may have. You must immediately inform us of any changes to your medical or fitness conditions at any time you undertake exercise;
- on the date of entering into a membership, set up a monthly direct debit for your membership with your bank and ensure that your bank account can at all times accept charges from CLASS Bath;
- ensure there is sufficient money in your bank account on the date each payment is due;
- inform CLASS Bath if you are transferring or closing your bank account at least 72 hours before the next payment due date; and
- inform CLASS Bath about any changes to the card you have used to make payment, such as its expiry date or number, at least 72 hours before the next payment due date.
- Minimum age. The minimum age for using the facilities and services at CLASS Bath is 16. If you are under the age of 18, you are required to provide a letter of consent from a parent or legal guardian confirming approval to train with CLASS Bath. The parent or legal guardian will be fully responsible if you breach any of the terms of this agreement, do not follow any of our rules and for any damage or injury you may cause to yourself or another participant due to your negligence.
- We are not responsible for delays outside of our control. If our services are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any gym sessions you have paid for but not received.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply our services to you, for example, obtaining information about your health and fitness by completing our fitness questionnaire. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or may not be able to make our facilities available you. We will not be responsible for any delay in making our services available to you.
- Your rights to end the contract
- You can cancel membership at any time. You can cancel membership at any time by providing us with one month’s notice and your membership will end on your next monthly payment date.
- How to end the contract with us
- Tell us you want to end the contract. To end membership with us, you can cancel via your online account or by emailing us at email@example.com. Please provide your name, home address, details of your membership and, where available, your phone number and email address.
- Our rights to end the contract
- We may end the contract if you break it. We may end the contract at any time by writing to you if:
- you do not adhere by these terms and conditions and/or adhere to our class and membership rules;
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, completing our fitness questionnaire.
- We offer the following types of memberships:
- Founding 100 Memberships – Our first 100 members will be eligible to receive a lifetime 20% discount on our standard monthly membership fees, the discounted fees will be set out in our membership confirmation email. The discount is subject to the following:
- you remain a Founding 100 Member. You can cancel or suspend membership at anytime however to remain a Founding 100 Member, your membership must be un-interrupted;
- once you cancel Found 100 Membership, you will not be eligible to purchase Founding 100 Membership again; and
- you must provide one month’s notice if you wish to cancel Founding 100 Membership.
- Standard Monthly Memberships – We offer our standard membership on a rolling one month contract. You may suspend Standard Monthly Memberships in accordance with the following:
- you can suspend Standard Monthly Membership at any time;
- Standard Monthly Memberships can be suspended for a minimum of 1 month and a maximum of 12 months;
- an admin fee of £5 is applicable for each suspension; and
- suspensions cannot be back dated.
- Annual Membership - We offer 12 months membership on a discounted basis. You must pay the Annual Membership fee upfront which is non-refundable. Annual Membership cannot be cancelled and suspended during the 12 month term. Annual Membership will expire at the end of the 12 month term.
- Charges and payment
- Where to find the charges for our services. The charges for memberships (which includes VAT) will be the charges indicated on the webpage when you purchase your membership. We take all reasonable care to ensure that the charges of the memberships advised to you are correct. However please see clause 9.3 for what happens if we discover an error in the charges of your membership.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your membership purchase date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
- What happens if we got the charges wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check charges before accepting your membership purchase so that, where the correct charges at your purchase date are less than our stated charges at your purchase date, we will charge the lower amount. If the correct charges at your purchase date are higher than the charges stated to you, we will contact you for your instructions before we accept your purchase.
- When you must pay and how you must pay. We accept payment for our classes and memberships online through direct debit only. You must set up a direct debit on the date of entering into a membership and pay your membership fee on a monthly basis.
- If you fail to pay on time. If you do not make payment on time, then we reserve the right to suspend your access to our facilities and services.
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- CANCELLATION CHARGES
- You will be charged a cancellation fee of £5 for each class that you book and either:
- Do not attend the class; or
- Cancel a class within an hour before the class is due to start.
- You will not incur the cancellation fee if you cancel a class more than a hour before it is due to start.
- Cancellation fees will be taken automatically from the stored payment card details you have provided.
- CHANGING YOUR MEMBERSHIP FEES AND THIS AGREEMENT
- We may increase membership fees automatically each year by up to either 1% above the rate of inflation according to the Retail Prices Index or 3%, whichever is higher. If we do this, the new fees will come into force on 1 January each year.
- If we plan to increase the membership fees by more than the higher of these amounts, we will give you at least 28 days’ notice. We will give you notice of the change by writing to you.
- As well as the increase described in clause 11.1 above, we have the right to increase membership fees at any time to take account of any increase in the rate of VAT.
- We may make reasonable changes to this agreement, to these terms and conditions and to any rules and regulations displayed in our website or studio at any time, as long as we give you notice before we make the changes.
- Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Please note that where we are responsible for any foreseeable losses that you may have suffered due to our negligence, our liability to you in these circumstances will be limited to the value of your online purchase for a class and/or membership (as applicable).
- We are not liable for responsible for any loss or damage to your property. We are not responsible for any damage to your property or loss of your personal property at our premises. CLASS Bath also does not undertake that use of a locker will guarantee that no theft of or damage to your property will occur. We will not accept any liability in relation to locker thefts unless they result from our negligence.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights.
- We are not liable for business losses. We only provide gym classes and membership for domestic and private use. If our services are used for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Your responsibility for loss to us
- You agree that you are aware that there are significant risks involved in all aspects of physical training and exercise. These risks include, but are not limited to, falls which can result in serious injury or death; injury or death due to negligence on the part of myself, or other people around me; injury or death due to improper use of equipment; strains and sprains. You agree that you are aware that any of these above mentioned risks may result in serious injury or death to myself and or to other people around me when using our facilities.
- You agree that there is a risk involved in the types of activities offered by CLASS Bath. You accept responsibility for any injury that you may cause either to yourself or to other people around you due to your negligence. Should CLASS Bath be required to incur any legal attorney’s fees and costs in the event someone else brings a claim against CLASS Bath due to your negligence, you agree to reimburse CLASS Bath for such fees and costs.
- Data protection
- Under this clause 14, the terms set out below shall have the following meanings:
Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures: as defined in the Data Protection Legislation.
Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
- We will comply with all applicable requirements of the Data Protection Legislation. This clause 14 is in addition to, and does not relieve, remove or replace, our or your obligations or rights under the Data Protection Legislation. In this clause 14, Applicable Laws means (for so long as and to the extent that they apply to CLASS Bath) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.
- We both acknowledge that for the purposes of the Data Protection Legislation, you are the Controller and CLASS Bath is the Processor.
- Without prejudice to the generality of clause 14.3, you will ensure that you have the necessary appropriate consents to enable lawful transfer of the Personal Data to CLASS Bath for the duration and purposes of this agreement.
- Without prejudice to the generality of clause 14.3, CLASS Bath shall, in relation to any Personal Data processed in connection with the performance by CLASS Bath of its obligations under this agreement:
process that Personal Data only on your documented written instructions unless CLASS Bath is required by Applicable Laws to otherwise process that Personal Data. Where CLASS Bath is relying on Applicable Laws as the basis for processing Personal Data, CLASS Bath shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit CLASS Bath from so notifying you;
ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
not transfer any Personal Data outside of the European Economic Area unless the following conditions are fulfilled:
we have provided appropriate safeguards in relation to the transfer;
the Data Subject has enforceable rights and effective legal remedies;
CLASS Bath complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
CLASS Bath complies with reasonable instructions notified to it in advance by you with respect to the processing of the Personal Data;
assist in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
notify you without undue delay on becoming aware of a Personal Data Breach;
at your written direction, delete or return Personal Data and copies thereof to you on termination of the agreement unless required by Applicable Law to store the Personal Data; and
maintain complete and accurate records and information to demonstrate its compliance with this clause 14.
- You consent to CLASS Bath appointing third-party processors of Personal Data under this agreement. CLASS Bath confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement and in either case which reflect and will continue to reflect the requirements of the Data Protection Legislation. CLASS Bath shall remain fully liable for all acts or omissions of any third-party processor appointed by it.
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.