TERMS OF USE

Updated 30.11.2019

AGREEMENT TO TERMS

By purchasing our services, you accept that the Terms and Conditions set out hereunder represent a legally binding contract between yourself and TBBE Fitness.

 

  1. Physical exercise can be strenuous and subject to risk of serious injury. Accordingly, TBBE Fitness recommends that you obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any enhancement products are entirely your responsibility and you should consult a physician or other expert practitioner as the case may be prior to undergoing any dietary or food supplement programme or changes. You further hereby agree that you are participating in these activities of your own volition and initiative and that by using the advice of TBBE Fitness, you hereby acknowledge and assume all risks of injury, illness, or death.
  1. You acknowledge that you have carefully read these terms and conditions and fully understand that they include and incorporate a comprehensive and binding release of liability by you in respect of TBBE Fitness and its employees, directors, officers and any appointed or contract trainer(s) and/or instructor(s). Under the terms herein, you expressly agree to release and discharge the said trainer(s) and/or instructor(s) (and/or employees, directors or officers of TBBE Fitness) from any and all claims or causes of action and you agree to give up, release or waive any right that you may otherwise have to bring any such legal action against the trainer(s) and/or instructor(s) (and/or employees, directors or officers of TBBE Fitness) for personal injury or property loss or damage.
  1. For the avoidance of doubt, to the extent lawfully permitted, the release and waiver set out in clause 2 above includes any action under the tort of negligence (whether such negligence is founded in statute, common law or otherwise).
  1. If any portion of this release from and waiver of liability shall be deemed by a Court of competent jurisdiction to be invalid, then you agree that the clauses and provisions of these terms and conditions and this contract are severable where permitted and that the remainder of this release from and waiver of liability shall remain in full force and effect and the offending provision or provisions shall be severed here from accordingly.
  1. Results from our personal training, online coaching and nutritional advice will vary and we cannot guarantee an exact or specific outcome.
  1. Initial Online Coaching and Personal Training packages are either 3 month terms paid upfront or in monthly instalments. Once the first package instalment for coaching has been paid for, you agree that such payment is non-refundable and that if applicable you agree to pay the following monthly instalments in one month intervals as set out on TBBE Fitness’s website (https://www.tbbefitness.co.uk) in order to complete the minimum contact engagement of 3 months.
  1. After your initial 3 month engagement, your online coaching package automatically rolls on at a monthly fee (as set out on TBBE Fitness’s website – https://www.tbbefitness.co.uk) and you agree to this roll out until such a time as you decide to cancel. The notice period for cancellation applies only until the date that your next monthly instalment would have been due.
  1. It is your responsibility to send your weekly check-in and maintain contact with your allocated trainer. If the trainer does not hear or receive check-ins from you, they are not obliged to follow up with or chase you.
  1. You agree not to engage any active (at the date of this agreement) TBBE Fitness appointed trainer or instructor in a private manner for a 6-month period following the expiry or termination of any package that you contractually subscribe to.

10. DATA PROCESSING

Definitions :–

Data Protection Legislation: the General Data Protection Regulation 2018 (“GDPR”) as amended or updated from time to time, or any successor legislation.

Personal Data: any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

For the purposes of the Data Protection Legislation, the customer is the data controller and TBBE Fitness is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).

TBBE Fitness shall, in relation to any Personal Data processed in connection with the performance by us of our obligations:-

(a) process that Personal Data only on the written instructions of the Customer;

(b) ensure that it has in place appropriate technical and organisational measures (that can be reviewed and approved by the Customer at the Customer’s request), 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 (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

(c) ensure that only those individuals that need to access or process Personal Data will have access to and/or process Personal Data and those individuals are and will continue to be obliged to keep the Personal Data strictly confidential in compliance with the Data Protection Legislation;

(d) assist the Customer, at the Customer’s request and reasonable cost, 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;

(e) notify the Customer and the Information Commissioner’s Office (“ICO”) without undue delay (and in any event in compliance with the required timescales set out in the Data Protection Legislation) on becoming aware of a Personal Data breach; and

(f) at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by the Data Protection Legislation to store the Personal Data.

You hereby consent to TBBE Fitness appointing Stripe as a third-party processor of Personal Data under this agreement. TBBE Fitness confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement substantially on that third party’s standard terms of business, but in any event, that such terms will ensure compliance by the third party with the Data Protection Legislation.

  1. TBBE Fitness reserves the right to use any “before and after” imagines within promotional materials, both web-based and offline and, accordingly, you hereby consent to such usage.
  2. Upon signing up to our online coaching services at TBBE Fitness, you’ll be also placed onto our mailing list in order to keep you notified of any company changes, events and new content information. You have the right to opt out at any time to this list.
  3. The information and advice provided by TBBE Fitness is not that of a medical professional and anybody wishing to follow the advice/programme is required to seek the advice of a qualified medical professional before doing so.
  4. These terms and conditions are deemed to be accepted and agreed by you upon purchasing TBBE Fitness’s services via its website, without signature unless otherwise agreed upon in writing by both parties.

16. TERMINATION/CANCELLATION OF CONTRACT

You have the right to cancel your contract with TBBE Fitness within the first 14 days after purchase and receive a full refund subject to the clauses stated below:

  1. i) You have not agreed to start the program before the 14 days period has elapsed. If you agree with TBBE Fitness to start the program (which is defined as the first point at which work is undertaken by TBBE Fitness or its third party employees in creating your program) before the 14 days has elapsed, you agree that after the time when the program has started, you forfeit your right to a full refund and are subject to the minimum contract engagement length of 3 months. Thereby agreeing that you will continue to make monthly payments for the agreed minimum contract term of 3 months.
  2. ii) Subject to clause (i) you agree that if you have paid upfront for fixed length plan, any cancellation after the start of the program, you will be refunded the difference between the end of the contract and the end of the current month of programming that you are currently in, or, the minimum 3 month engagement time, whichever comes later.

iii) The refund stipulated in clause (ii) will forfeit any upfront payment discounts and revert to the applicable monthly rate (I.e. If you paid for 6 months at £1,000 with the normal monthly rate being £200/mo and you cancel in the 3rd month, you will have served 3 months at £200 and therefore be entitled to a refund of £400).

  1. iv) All notices to terminate/cancel your contract with TBBE Fitness must be received in writing via email one month before the next billing date, before the end of the initial 14 days or before the start of the programming if that falls within the first 14 days. Any verbal intention before these dates will not be actioned unless received in writing.

17. These Terms and Conditions and the relationship between you and TBBE Fitness (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England. Any dispute, controversy, proceedings or claim between you and TBBE Fitness relating to these Terms and Conditions or the relationship between you and TBBE Fitness (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.

18. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

TBBE Fitness

Office Building 15525

PO Box 4336

Manchester

M61 0BW

haley@tbbefitness.co.uk