Terms and Conditions for SWEATERGY® 

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: 

1.1 Whether You want to book a free trial class or sign up for Sessions/Events, then You must book either by the website wwww.sweatergy.co.uk or info@sweatergy.co.uk or the necessary online booking platform E.g., Eventbrite.co.uk. Cash payments may only be permitted in exceptional cases. 

2.1 You must be over 16 and a “consumer” to book and attend any Session/Event. 

2.2 On occasions there may be trial sessions available (excluding events). You may book one free trial session of any type. 

4.1 We may cancel/reschedule a Session/Event at any time before the advertised time and date of that Session/Event in the following circumstances: 

4.1.1 the required instructor necessary for the Session/Event is not available;

4.1.2 there is a problem with the venue or Wi-Fi or;

4.1.3 any event out of the control of Sophia Williams and Sweatergy®. 

4.2 We reserve the right to expel You from any Session/Event if Your conduct is in Our reasonable opinion unacceptable, or is, or may be in Our reasonable opinion, harmful to Our reputation, or if it amounts to Your breach of these Terms and Conditions, or where in such expulsion is otherwise in the interests of others who are in that Session/Event. You will not be entitled to any refund for a Session/Event started but not completed due to such expulsion. We may cancel the remaining period of the Session/Event package you have purchased in which case We will refund You for the remainder of the package cancelled (rounded down to the nearest week). 

5.1 You must pay in accordance with our Price List. Refer to our site for current pricing information. 

5.2 You can choose from 2 session booking types: 

5.2.1 One off payment for Events only;

5.2.2 4-week term for Sweatergy® sessions.

6.1 All members are notified towards the end of a term about the start of a new term, the dates, the cost and when payment should be received via Our termly renewal of classes email. Payments for a term’s fees must be paid in full at the beginning of a new term. If You need to pay in two parts, that may be possible. A request should be sent to Sophia Williams at info@sweatergy.co.uk. However, if You have taken advantage of a special promotional deal then the full price, as detailed in that promotion, must be paid in full. 

6.2 Payment is to be made by online bank transfer only, details of which will be supplied at time of booking and are available on our Site.

6.3 All prices of Session/Event are inclusive of VAT. 

7.1 You acknowledge that the sessions/Events may will be physically strenuous and You agree that You voluntarily participate in such Sessions/Events with full knowledge that even if We and the relevant instructor is not negligent there is a risk of personal injury or illness arising from Your participation in such a Session/Event. 

7.2 Certain Sessions/Events may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.

7.3 You must ensure that you are fit and well enough to participate in any Session/Event that You attend, and You will at all times be responsible for Your own state of health, physical condition, and wellbeing. We advise that you get medical clearance before participating in any Session/Event. And We waiver any responsibility if any personal injury or illness arises from your participation in Any Sweatergy® Session/Event.

7.4 If You have any concerns about Your fitness or health, You should seek appropriate medical advice from a relevant professional medical or other adviser before attending a Session/Event. We cannot and do not provide any such advice.

7.5 You agree that when You register and when You attend any Session/Event, that will be Your confirmation that You have no health or fitness problems which may affect your participation in any Session/Event.

7.6 When You request booking, or renewal, for a termly package (or pro-rata if You are a new customer) of Session/Event and You tell Us at that time about any medical, health or fitness issue or special need, We will discuss it with You, and inform You if We decide not to accept Your booking because of that issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue or need. 

7.7 You must tell Us: 

7.7.1 of any medical condition or are taking any medication which may affect Your ability to undertake any activities at a Session/Event or to use any equipment or facilities provided by Us. 

7.7.2 of any circumstances affecting Your health which may be worsened by any activities at a Session/Event; and 

7.7.3 if you are pregnant, and if so whether You are in the first 3 months of Your pregnancy. 

7.8  If You do not tell Us before a Session/Event of anything referred to in sub-Clause 7.6 or 7.7 that We then discover, We will be entitled not to provide some or all of that Session/Event or any other Fitness Classes and to treat any such Session (or the affected part of it/them) as cancelled by You without notice. We may also cancel any other remaining weeks in your termly package of Session and in that case, We will refund You for each full week of Session/Event remaining. 

7.9 You must not attend any Session/Event when under the influence of alcohol or illegal drugs. Or prescriptive drugs that may inhibit your proprioception.

7.10 You should arrive at least 5 minutes prior to the start time of a Session, 15 minutes for any event to ensure you are ready for the warmup. If You arrive later than a Session/Event start time and You arrive after any warm-up for that Session/Event has begun, We may not permit You to participate in the Session/Event for health and safety reasons. 

7.11 You should not attempt to use any equipment (where applicable) until We have instructed You in the correct use of the same. 

7.12 You may only use the equipment and facilities provided by Us in the correct manner and must not use them in any manner which is a health and safety risk either to You or to others.

8.1 We do not permit You to: 

8.1.1 smoke anywhere on Any premises we operate from.

8.1.2 bring to Any premises from which we operate from: Any child/ren under the age of 16 without prior agreement with the instructor as We do not have anyone to supervise them. If You do bring any child under the age of 16, they will remain Your sole responsibility during Any Session/Event and they may not be permitted to be in the same room due to health and safety reasons. Therefore, you may not be able to participate in the session. A no refund policy applies. 

8.1.3 bring any animals into Any premises from which we operate from with the exception of guide dogs. If You require the use of a guide dog. You should inform Us of that when You register. 

8.1.4 bring any breakable crockery, glass, drink (except water) or food into Any premises from which we operate from unless there has been an agreement between both parties of such. Only water either in a plastic or metal bottle is permitted for safety (including and not limited to foods and drinks which have the potential to trigger minor, moderate or severe reactions including sensitivities, intolerances, or allergies. 

8.2 You must be dressed appropriately for exercise with well-fitting trainers suitable for the Session/Event you are attending. Loosely swinging or sharp jewellery should be removed before a Session/Event. If You do not comply with any of these dress requirements, We may not allow You to participate in the Session/Event. 

8.3 You must familiarise Yourself with and follow any instructions or information which We give You from time to time or on any occasion relating to any fire or other emergency situation or to other issues relating to health or safety. 

9.1 We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control. 

9.2 If any event described under sub-Clause 9.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly.

10.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.

10.2 We provide or sell all Session/Event to You only for Your personal and private use/purposes. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

10.3 All instructors associated with Sophia Williams or Sweatergy® are appropriately qualified to conduct the particular Session/Event which they conduct but their advice does not include any medical or similar advice and is not a substitute for advice provided by an appropriate medical professional.

10.4 If You bring any personal belongings onto Any premises from which we operate our services, we do not undertake to keep them safe or provide any storage place for them.

Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us or Any persons associated with Sweatergy® (including instructors, volunteers, staff, agents, or sub-contractors).

We will not be responsible for any loss or damage to Your personal belongings caused by any other customer, guest, or visitor to Our premises.

We therefore advise You not to bring any valuable belongings to Any premises from which we operate from. We kindly ask Sophia Williams or Any persons associated to Sweatergy® (including instructors, volunteers, staff, agents, or sub-contractors) to look after Any of Your personal belongings.

10.5 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Any instructors, volunteers, employees, agents, or sub-contractors) or for fraud or fraudulent misrepresentation.

10.6 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

10.6.1 the Consumer Rights Act 2015; 

10.6.2 the Regulations; 

10.6.3 the Consumer Protection Act 1987; or 

10.6.4 any other consumer protection legislation 

10.6.5 as that legislation is amended from time to time. 

10.6.6 For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

The way in which we collect, use, process and hold your data is detailed in our Privacy Policy which can be found on Our Site.

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (e.g., before We accept Your registration) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

As required by the Regulations:

14.1 all of the information described in Clause 13; and

14.2 any other information which We give to You about any Session/Event or Ourselves and Our business which You take into account when deciding to make a booking or when making any other decision about a Session/Event;

14.3 will be part of the terms of Our contract with You as a Consumer.

We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience as Our customer is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Session/Event or any other complaint about Us or Any persons associated to SWEATERGY® including instructors, volunteers, staff, agents, or sub-contractors, please raise the matter with Sophia Williams who can be contacted by email: info@sweatergy.co.uk

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

18.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

18.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

18.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.