Wording importing the singular meaning shall include the plural meaning and vice versa. Reference to any gender includes the other genders; Headings used in this Agreement shall not affect the interpretation of any terms and are provided for convenience only. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it. This Agreement shall be deemed to be incorporated in all contracts and in the case of inconsistency with any communication between the Member and Teamfitness, whatever their respective dates. The terms of this Agreement shall prevail over any other terms unless expressly varied in writing and signed on behalf of Teamfitness by Michael Wayans. Any concession allowed by Teamfitness to the Member shall not affect the rights of Teamfitness under this Agreement. If in any particular case any of the terms of this Agreement are held to be invalid or not apply, the remaining terms of the Agreement shall continue in full force and effect. If you use the Website or the App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password. When you visit the Website, use the App, or communicate with Teamfitness via email, you are communicating electronically. You consent to receive communications from Teamfitness electronically. Teamfitness will communicate with you by email or by posting notifications on the Website and/or the App. You understand and agree that all agreements, notices, disclosures, and other communications that Teamfitness provides electronically satisfy any legal requirement that such communications be in writing.
Your debit card will be charged for your order when you submit your booking. All Members are liable to pay the Fee amount irrespective of actual usage of Teamfitness services. If the Member wishes to alter any aspect of the Services, Teamfitness may charge additional Fees in its absolute discretion. Such additional Fees shall be notified in writing to the Member. If the Member refuses to pay such additional Fees, Teamfitness shall be entitled to cancel the Agreement without notice to the Member. All booked sessions are non refundable, once payment has been made. Cash payment is not accepted. If the member wishes to cancel their membership, the Member must email or text message a request to Teamfitness in order to cancel their membership. The Member takes full responsibility for ensuring that Teamfitness has received the notification. Teamfitness is not obliged to refund any fees where the Member has not informed Teamfitness of their request to cancel their membership. All fees must be paid to date at the time of cancellation.
Teamfitness reserves the right to cancel this Agreement upon serving immediate written notice to the Member but will endeavor not to do so. If Teamfitness cancels a Session at any time before the commencement of the Session, Teamfitness shall offer the Member an alternative date for the Session.
The Fee shall not include travel to and from the location at which the Services shall be provided and this shall be the sole responsibility of the Member unless agreed in writing with Teamfitness. The Member shall be responsible for their own travel arrangements to a Session, personal medical requirements, clothing and footwear unless otherwise agreed in writing with Teamfitness. The Member shall be responsible for advising Teamfitness in the Team Registration application and before each Session of any health issues that may make them unable to take part in any of the Services. Failure to do so may result in Teamfitness terminating the Agreement without refund and/or withdrawing the Member from any part of the Services. The Member shall be held responsible to make compensation for any damage they cause to the contents and furnishings of the premises where the Services are being carried out, excluding general wear and tear.
Any descriptions of Services published by Teamfitness are designed for illustrative purposes only. During the provision of the Services, Teamfitness reserves the right to alter the content of the Services at any time due to certain factors including but not limited to the weather and the physical fitness of the Member. If a Member chooses not to participate in any part of the Services being provided, Teamfitness is not obliged to provide an alternative or any refund to the Member. Teamfitness may in its absolute discretion require a Member to cease participating in the Services provided if, for example, it believes that a person’s health is at risk and if the Member has failed to advise Teamfitness of a health condition. The Member must refrain from any illegal act and conduct, which may offend, cause danger or damage to any person or property at all times during the services. If Teamfitness or any of its employees, consultants or agents, believe that the Member is in breach of this obligation or is likely to breach this obligation, Teamfitness may in its absolute discretion terminate the Agreement forthwith without refund and require the Member to leave the venue at which the Services are being provided. Teamfitness will have no liability to the Member in respect of such termination. Without prejudice to the above, a description of the Services is as follows: Each Session shall last 45 minutes per Session at a set time and day. The provision of a structured exercise program, which will be explained by a trainer.
Full details of normal opening hours, together with a schedule of charges and fees, are available upon request. Teamfitness reserves the right to vary normal opening hours, or to temporarily close certain Sessions from time to time with notice for the purpose of cleaning, decorating, repairs, or for special functions and holidays.
Teamfitness does not accept the online registration of minors (under the age of 18); please do not attempt to register on the Website if you are under the age of 18. Registration of a minor must be completed by a parent or legal guardian.
If there is a problem during the provision of Services, the Member must report it in the first instance to an employee or consultant of Teamfitness. In the unlikely event that a problem cannot be resolved, the Member must notify Teamfitness within 7 days from when the incident occurred, advising Teamfitness of the full details of the incident.
Occasional changes may be made to this Agreement as new services and content are added to the Service, Website or App to reflect changes in Teamfitness’s policies. The Terms and Conditions may be revised at any time by updating this Agreement. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines.
The Member agrees that Teamfitness can record the Member’s performance by any means, including by film, digital recording, videotape, audiotape and photography. The Member irrevocably and unconditionally grants Teamfitness any consents and waivers required by Teamfitness under the Copyright, Designs and Patents Act 1988 (the ‘Act’) and any statutory re-enactment or modification and all other laws now or in the future in force in any part of the world which may be required for the utilisation of the film, digital recording, videotape, audiotape and photography. The Member agrees that any part(s) of filming, digital recording, videotaping, audiotaping and photography may be copied, distributed, communicated to the public and otherwise used by way of any and all media (now know or hereafter devised) worldwide for the full period of performers’ rights (including performer’s property rights), copyright and all renewals and extensions thereof and thereafter so far as may be possible in perpetuity, including (without limitation) the following:
The Member consents to Teamfitness licensing the film or any part(s) of the film to third parties for the purposes set out at paragraph 3 above and agrees to the use of third party advertising in connection with the film on any such media provided that the contributor is not represented as personally endorsing products or services referred to in such third party advertising.
The Member is exclusively entitled to grant or assign all rights and consents granted or assigned in this release form; The performance and materials are original or in the public domain; Teamfitness use of the performance and the materials in accordance with this release form will not infringe the rights of any third party;
Subject to any prior agreement between Teamfitness and the Member, Teamfitness use of the performance and the materials in accordance with this release form shall not require Teamfitness to make any payments or to obtain any other permissions, consents or licences in order to utilise the film, digital recording, videotape, audiotape and photography or the materials as set out herein.
The Member agrees that the Member’s rights and remedies in the event of a breach by Teamfitness of any of the obligations of Teamfitness in this release form shall be limited to a right (if any) to recover damages and in no event shall the contributor be entitled by reason of any such breach to any equitable or injunctive relief.
This release form constitutes the entire agreement between the Member and Teamfitness and supersedes any previous agreements and representations saved that nothing in this agreement shall exclude liability for fraudulent misrepresentation.
Teamfitness has not reviewed all the sites linked to the Website and App, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website may contain the Teamfitness logo, please understand that it is independent from Teamfitness, and that Teamfitness has no control over the content of that website. Going to third party or off-site websites from the Website or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with Teamfitness.
The trademarks and trade dress of Teamfitness are proprietary to Teamfitness and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Teamfitness. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making session reservations or purchases.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Teamfitness, is strictly prohibited.
You acknowledge that Teamfitness and/or third party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. Teamfitness may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of Teamfitness’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website in connection with the sale or resale of any Teamfitness products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, Teamfitness’s material may not be displayed or communicated on any other website, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, User’s permission to use Teamfitness’s material will automatically terminate and any copies made of Teamfitness’s material must be immediately destroyed. Any unauthorized use of Teamfitness’s material may infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
Teamfitness makes every effort to ensure that all of the transactions that occur on the Website and App are secure. All debit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website and App. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
By registering for and/or attending Sessions, events, activities, and other programs (individually and/or collectively) of Teamfitness, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in indoor/ outdoor exercising and exercise equipment in association with the Sessions and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, Members shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given by staff. If in the subjective opinion of a Teamfitness Consultant, a Member is at physical risk participating in a Session, the Member understands and agrees that they may be denied access to the Sessions and Facilities until they furnish Teamfitness with an opinion letter from their medical doctor, at their sole cost and expense, specifically addressing Teamfitness’s concerns. In consideration of being allowed to participate in and access the Sessions and Facilities, the Member hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by them in relation to the Sessions and Facilities, (2) release, indemnify, and hold harmless Teamfitness, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Sessions or use of the Facilities, and (3) represent that they (a) have no medical or physical condition that would prevent them from properly using any of Teamfitness’s Sessions and Facilities, (b) they do not have a physical or mental condition that would put them in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. Members acknowledge that if they have any chronic disabilities or conditions, they are at risk in using Teamfitness’s Sessions and Facilities, and should not be participating in any Sessions.