Purchase Terms and Conditions
Please read our Terms and Conditions (“the Terms”) carefully before making a purchase. By making a purchase you are confirming that you have read the Terms and agree to be bound by them. These Terms together with the Registration Form and Par-Q, constitute a contract between you (the Customer) and us (Hiitgirl Ltd).
In these Terms and Conditions the following definitions apply:
“Active Customer” means any person that has made a purchase which has been accepted by Hiitgirl and has a valid Carnet that has not expired.
“A-List Pricing” means the fee applied to a recurring payment which remains in place until the Carnet is cancelled.
“Session Carnet” means a 'pay as you go' session-based pass based on the purchased number of sessions being used up within the allowed usage period.
“Customer” means an Existing Customer or a New Customer.
“Monthly Carnet” means the pass that entitles a Customer to attend an agreed number of Sessions before the expiry date of the Monthly Carnet. The same rules will also apply to variations of a Monthly Carnet including, but not limited to, an Annual Carnet.
“Late Cancel Fee” means the fee charged at the prevailing rate when a session is cancelled inside the late cancel period for a session.
“Hiitgirl” means Hiitgirl Limited, company number 08323166.
“New Customer” means A Customer who makes a purchase and has not made any previous purchases.
“No Show Fee” means the fee charged at the prevailing rate when a Customer does not cancel or attend the booked session.
“Pause Fee” means the fee, paid in advance to place one billing cycle on hold at a reduced rate
“Extension Fee” means the fee, paid in advance, to extend a Session Carnet for up to 30 days.
“Registration Form” means the registration and/or application form completed by a Customer whether electronically or otherwise.
“Reinstatement Fee” means the fee prevailing at the time for a customer previously on the A-List to be added back onto the A-List after cancellation at any time.
“Standard Pricing” means the price for a returning Customer who has previously cancelled and lost their rights to discounted pricing.
“Studios” means any Hiitgirl studio as published on the Website from time to time.
“Terms and Conditions” means these terms and conditions.
“Trainer” means a Hiitgirl instructor, teacher or trainer.
“Website” means www.hiitgirl.com
“Workout/Session/Class” means a Hiitgirl group session provided by or on behalf of Hiitgirl at the Studios.
“Closing Date’ means the date the Studio closes on 1st June 2019.
“You/your/yours” means you the Customer and “We/us/ours” means Hiitgirl.
These Terms and Conditions are incorporated into the Registration Form and any Customer purchase is subject to these Terms and Conditions as amended from time to time.
Hiitgirl reserves the right to vary and revoke these Terms and Conditions from time to time which it may consider necessary or desirable for the regulation of the internal affairs of the Studio and/or the conduct of Customers. Any such changes will be published on the Website and, until revoked, are binding on Customers.
1. our contract with you
1.1 These are the terms and conditions on which we supply Sessions to you.
1.2 Please ensure that you read these Terms carefully, and check that the information you provide is accurate before you purchase a Carnet.
1.3 When you submit your purchase to us, this does not mean we have accepted your purchase. Our acceptance for you to become a Customer is at our sole discretion.
1.4 These Terms will become binding on you and us when we issue you with the goods or services, at which point a contract will come into existence between you and us and you will become a Customer.
2. PURCHASING A SESSION CARNET
2.1 The relevant start date is the first booking date.
2.2 You may only book and attend Sessions according to the Session Carnet purchased.
2.3 Subject to any statutory right of cancellation, payments for Session Carnet are non-refundable unless otherwise stated in these Terms and Conditions.
2.4 You may cancel any purchase of any Session Carnet made online at any time up to the end of the seventh working day from the date that you receive confirmation of the ordered Session Carnet. You do not need to give us any reason for cancelling the Session Carnet nor will you have to pay any penalty. You cannot cancel any Session Carnet if the Session Carnet has been used to book a Session and you attended that Session or were deemed a “no-show” in accordance with these Terms.
2.5 A Session Carnet is not transferrable and must only be used by the person who purchased it or by the person it was purchased for and breach of this condition will lead to termination of the Session Carnet. A Carnet may be shared with other named persons, subject to written consent by Hiitgirl.
2.6 In the event that you fail to book or attend (not including “no-shows”) the Sessions purchased on a Session Carnet by the Closing Date then such Session Carnet will automatically expire and you will not be entitled to any refund for Sessions not taken.
2.7 It is your responsibility to ensure that you use up the purchased sessions within the time allowed.
2.8 Once all sessions in the Carnet are used up, or the Closing Date is reached, subject to any right of ours to cancel or suspend, the Carnet will be automatically become inactive.
3. PURCHASING A MONTHLY CARNET
3.1 The provisions of this condition 3 shall only apply to a Customer that applies for a Monthly Carnet paid by debit or credit card.
3.2 Any Customer purchasing a Monthly Carnet shall be entitled to participate in the permitted number of Sessions of the permitted type and at the permitted time until their Monthly Carnet is terminated.
3.3 The relevant start date in determining the Monthly Carnet expiry date is the date that the Monthly Carnet is activated.
3.4 If, for any reason, you fall behind on a payment for more than 30 days, you shall remain liable for any outstanding payments even if your Carnet is terminated.
3.5 Monthly Carnet fees must be paid in accordance with these Terms and Conditions irrespective of whether or not the Customer uses the Studios’ facilities.
3.6 Fees may be increased at our discretion. We shall give you at least one months’ notice of any increase in fees.
3.7 Subject to any right of ours to cancel or suspend the Monthly Carnet, the Monthly Carnet will continue indefinitely unless and until you cancel your Monthly Carnet in writing, giving not less than 7 days notice before the next payment is due. Cancellations cannot be processed for accounts in arrears or paused. No refunds shall be given to you in respect of any fees that have been paid.
3.8 Customers who do not wish to accept a change proposed by us to any fees may cancel their Monthly Carnet in writing, by giving not less than 10 days notice before the next payment is due. The Customer must continue to pay at the rate current immediately prior to any proposed increase until the end of such period.
3.9 The Monthly Carnet is paid by debit or credit card (or any fees remain outstanding beyond the due date) and the Customer unconditionally and irrevocably authorises us to debit any credit or debit card provided by the Customer with the monthly fee (or any outstanding fees) without notice to the Customer.
3.10 If a Customer wishes to be reinstated onto a Monthly Carnet after they had previously cancelled, the prevailing Reinstatement Fee will be applied at the time of purchase.
4. PAUSING A MONTHLY CARNET
4.1 Provided that all fees have been paid and are up-to-date, you have the right to Pause your Monthly Carnet without affecting your A-List pricing as many billing cycles as desired, subject to payment of the appropriate Pause Fee. You may do this by giving not less than 10 days written notice before the due date of the next billing cycle.
4.2 While the Pause is in effect you will be unable to book or attend sessions at the Studios, or give notice of cancellation of your Monthly Carnet.
4.3 On expiry of the Pause, you will be charged the same monthly fee as prior to the Pause being activated.
4.4 A Pause on medical grounds is free for the first month, subject to provision of a letter from a Doctor or suitably qualified equivalent medical professional.
4.5 In all cases, except clause 4.4, a monthly Pause Fee will be payable at the prevailing rate to cover additional administrative costs.
4.6. Pausing an Annual Carnet will extend the paid for period by the number of complete billing cycles paused.
5. PRICE AND PAYMENT
5.1 Monthly Carnet prices will be as quoted on our site from time to time, except in cases of obvious error.
5.2 If the pricing error is obvious and unmistakable and could have been reasonably recognised by you as an error, we do not have to provide the items to you at the incorrect (lower) price.
5.4 Payment for all Carnets must be by credit or debit card, unless agreed otherwise with us, in writing.
6. BOOKING SESSIONS
6.1 In order to book a Session a Customer must have purchased a valid Carnet and set up an active online booking account.
6.2 Sessions can be booked online up to 14 days in advance. We do not accept telephone or email bookings or cancellations.
6.3 You may change your booking without charge up to 12 hours before the start of the Session.
6.4 Online bookings must be cancelled online up to 12 hours before the start of a Session, failure to do so will mean that you will be deemed a “late cancel”. Customers with a pay as you go Carnet will be have a session deducted from their total. Monthly Customers will have a ‘late cancel’ fee applied to their account at the prevailing rate, payable immediately.
6.5 If the Session is fully booked, you can add yourself to the online 'waitlist'. Once you are on the 'waitlist', as places come up in a Session, you will be automatically moved from the 'waitlist' to a reserved space. You will be emailed notification of this, at which point normal booking terms apply.
6.6 Your booking will be treated as a 'no show' if you do not attend the Session. In the event of a 'no show' we may cancel or suspend your online booking rights and, in addition, Customers will have a ‘no show’ fee applied to their account at the prevailing rate, payable immediately
7. IF WE CANCEL YOUR BOOKING
In the event that we cancel a Session that you have booked, we will contact you by email or telephone to let you know. At the time of cancellation we will offer you the choice between:
(a). having your Carnet re-credited to the same value as the cancelled Session; or
(b). being transferred to a similar Session at an alternative date and time.
8. BOOKING CONFIRMATION
Your booking is not complete until you have received a booking confirmation from us. Please make sure you receive a booking confirmation before you attend the session. If you do not receive confirmation please contact us by, e-mail, or in person.
All Sessions are offered by us subject to availability. We do not guarantee availability at any time.
9. LATENESS POLICY
We operate a policy which prevents you taking part in a Session if you are more than 7 minutes late. This policy is in place to prevent injury and to be considerate of the Trainer and other Session participants.
10. OUR LIABILITY TO YOU
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
10.2 We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation;
(c ) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(e ) defective products under the Consumer Protection Act 1987.
11. YOUR RESPONSIBILITY
11.1 Vehicles, bicycles and their contents, parked or locked up on or outside any Hiitgirl premises are left at the owners risk and Hiitgirl will accept no liability for loss, damage or theft in respect thereof.
11.2 It is your responsibility to ensure that you follow the Trainers’ instructions at all times with regard to the Sessions and any equipment used therein. If you are in any doubt as to how to correctly operate any equipment you should consult a member of staff before use.
12. PERSONAL BELONGINGS, DRESS, SAFETY aND SECURITY
12.1 For security reasons you are advised to take personal belongings and valuables into the studio and not leave them in the changing area.
12.2 You are requested to wear a form of dress appropriate to the Session, plus our sessions are barefoot so no training shoes are allowed in a session. Footwear should be removed before entry to the Studios.
12.3 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing area or Studio. Only water is permitted in the Studio (no coloured drinks). No pets (with the exception of guide dogs) are permitted in the Studios’ buildings or grounds. You should not walk around the Studios barefoot if you have verrucas or similar foot complaints. You must use the main entrance to the Studios when entering or leaving the Studios. Fire exits, which are clearly marked, are there in the interests of safety and you must not interfere with these doors for any reason.
12.4 You are required to use a suitable towel for the purpose of covering your mat in the Studio.
12.5 In the event of a fire, you are asked to make your way to the nearest available exit.
12.6 Smoking is not allowed in the Studio.
12.7 We may use CCTV cameras at our premises for the primary purpose of the safety and security of Customers and staff. Footage obtained from CCTV cameras will be processed in accordance with the Data Protection Act 1998. For the purposes of that Act, the data controller is Hiitgirl Ltd.
12.8 Images will be stored for 30 days.
12.9 Access to live pictures and to stored images will be limited to authorised Hiitgirl personnel only, with the exception that law enforcement agencies may be provided with access to live pictures and/or stored images for the purpose of the prevention or detection of crime and the apprehension or prosecution of offenders.
12.10 Under Section 7 of the Data Protection Act, you are entitled to make a request for access to records that we hold about you. This is known as a subject access request. Any subject access request must be made in writing to: Hiitgirl Ltd, 3 Broadbent Close, London N6 5JW. We will write to you confirming the information that you will need to provide in order to allow us to identify the specific material requested. There will be an administration charge of £20.
12.11 CCTV may capture images of other people, not just you. We will consider the footage that you are asking for, and if we feel that providing access to these images would be detrimental to the rights of others shown in the footage, such as the right to privacy, then we reserve the right not to provide access to the requested material.
12.12 Access may be granted subject to supervised viewing of the footage by an authorised member of our staff.
12.13 Images will not be disclosed to any third party save as set out above.
12.14 We will take reasonable precautions to ensure that when images are no longer to be stored, they are properly destroyed.
12.15 In the unlikely event that it appears to us that any images may have been disclosed to a third party in error, then if we are able to establish that the images were of you, we will write to you to tell you.
13. FITNESS AND HEALTH
13.1 Certain Sessions involve high intensity training. You are required to familiarise yourself with the type of training involved in a particular Session prior to assessing whether you are fit enough to participate in a Session. You should refer to the Website or speak to a member of staff for further information.
13.2 We are not medically trained and are therefore not qualified to assess whether you are in good physical condition and/or that you can engage in any exercise without detriment to your health, safety, comfort or physical condition.
13.3 You are advised not to undertake any physical activities without first seeking medical advice if they you have concerns over your physical condition. We reserve the right to refuse access to any Customer if, in our absolute discretion, we consider that the health of the individual concerned may be endangered by the use of our facilities.
13.4 You shall not use our facilities if you are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to the health safety, comfort or physical condition of the other Customers. If there is any doubt, you should consult your doctor and must notify us of any circumstances affecting your health which may be exacerbated through continued use of the Studios.
14. USE OF FACILITIES
You are entitled to use the Studios’ facilities during our advertised opening times and in accordance with our booking policies provided always that we may at any time withdraw all or part of our facilities or Sessions for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond our control.
15.1 Children under the age of 16 may only use the Studio and attend Sessions if accompanied by an adult and if prior approval has been given by us.
15.2 Children over the age of 7 may not enter changing rooms or other areas reserved for the opposite sex, regardless of whether or not they are accompanied by an adult.
Payment may be made by a valid credit or debit card, or Hiitgirl gift card. We do not accept any other forms of payment
17. PAYMENT ARREARS
17.1 If your Fees become overdue, we reserve the right to refuse you entry into our studio/classes/courses/workshops until the overdue sums are paid in full.
17.2 Should you default on payments to us, we reserve the right to notify the default to a credit reference agency or other third party to obtain payment from you.
17.3 Should your payment be declined, we reserve the right to resubmit the item and charge the resubmission fee prevailing at the time.
17.4 If you do not make any payment due to us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank Plc 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.
18. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
19. REFUND POLICY
19.1 In the event you cancel the Contract between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the item in full.
19.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
20.1 Details of Session times at the Studios may vary from time to time and are published on the Website. We reserve the right to change Session times or cancel Sessions at our discretion, and will endeavour to give notice of such changes as is reasonably practicable.
20.2 You must at all times observe our guidelines which may be notified to you from time to time and you are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the safety of all our Customers and the smooth operation of the Studios for the convenience of all Customers.
20.3 You consent to having your photograph taken by us at any time whilst using the facilities and we reserve the right to use any such individual or group photographs of Customers and/or guests for press or promotional purposes. If a Customer specifically does not want their photograph used for such purposes then they must notify us in writing.
20.4 You are not permitted in any circumstances to take any photographs or video recordings in our Studios, changing rooms and during any Sessions.
20.5 You are required to give written notice to us of any change of address or email.
20.6 We may communicate with you by email. By providing an email address to us you consent to receiving email communications from us, including notices pursuant to these Terms and Conditions. You also accept the risk that email may not be a secure and confidential means of communication. We will not be liable for any loss or damage suffered as a result of communicating with you by email.
20.7 We reserve the right acting under our sole discretion to refuse admission to the Studio.
20.8 We may assign the benefit of the Monthly Carnet to a third party at any time without notice to you.
21. WRITTEN COMMUNICATIONS
When using our services, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any requirement that such communications be in writing. This condition does not affect your statutory rights.
22. FORCE MAJEURE
We shall not be liable to you or deemed to be in breach of these terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms, if the delay was due to any cause beyond reasonable control, including, but not limited to, Acts of God, explosion, flood, storm, fire, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T, viruses, difficulties in obtaining raw materials, labour , fuel, parts or machinery, power failure or breakdown in machinery.
23. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.
If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
26. ENTIRE AGREEMENT
These Terms together with our Registration Form and Participation Readiness Questionnaire (PAR-Q) constitute the entire agreement between the parties and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between parties.
27. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit the exclusive jurisdiction of the English courts.
27. HOW YOU SHOULD CONTACT US
Any written request, notice or other correspondence should be posted or e-mailed to:
3 Broadbent Close
London N6 5JW
T:0800 086 8848