TERMS AND CONDITIONS Please find below the Terms and Conditions for B&H Prestige Pty Ltd, trading as Leo Gym and Studio. An agreement between B&H Prestige Pty Ltd referred to as ‘Leo Gym and Studio’ and you the client, referred to as ‘Client’.
MEMBERSHIP TERMS AND CONDITIONS The following information has been produced to ensure that all members are assured of a comfortable and enjoyable experience on each and every one of their visits. Although the items in this list are detailed in their nature, it is anticipated that for the majority of members there will be little or no need ever to refer to them. They do however allow Leo Gym and Studio, their staff, directors or self-employed coaches to provide a high-quality service.
1. Release of Liability
1.1. Client’s acknowledgement and assumption of risk and full release from liability of Leo Gym and Studio: client acknowledges that the training / nutritional service programs purchased here under includes participation in strenuous physical activities, including, but not limited to, running, weight training, strongman, gymnastic movements, various aerobic conditioning and various nutritional programs offered by Leo Gym and Studio (the “physical activities”). I understand that studio classes include physical movements as well as an opportunity for relaxation, stress re-education and relief of muscular tension.
1.2. Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, rhabdomyolysis, or injury, however caused, occurring during or after client’s participation in the physical activities. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated.
1.3. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a client, slip and fall by client, or an unknown health problem of client. If I experience any pain or discomfort, I will listen to my body, discontinue the activity, and ask for support from the instructor. I will continue to breathe smoothly.
1.4. Client agrees to assume all risk and responsibility arising from participation in the physical activities. Client affirms that client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities.
1.5. Client acknowledges participation will be physically and mentally challenging, and client agrees that it is the responsibility of client to seek competent medical advice regarding any concerns or questions concerning the ability of client to take part in Leo Gym and Studio’s physical activities.
1.6. By reading this agreement, client affirms that he or she is capable of participating in the physical activities. Client agrees to assume all risk and responsibilities for exceeding his or her physical limits.
1.7. Client, on behalf of client, his or her heirs, assigns and next of kin, waives any claims against and releases Leo Gym and Studio (as well as any of its owners, employees, or other authorised agents, including independent contractors) from any and all liability, claims and / or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in Leo Gym and Studio activities, including, but not limited to the personal training / nutritional programs and the physical activities. I assume full responsibility for any and all damages, which may incur through participation and any other damages that may occur within the facility. I will hereby release and agree to waive any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss that may be caused by any act, or failure to act of the studio, or that may otherwise arise in any way in connection with any services received from Leo Marlow. I understand that this release discharges Leo Marlow from any liability or claim that I may have against the studio with respect to any bodily injury, illness, virus, infection, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Leo Marlow. This liability and release extends to the studio together with all owners, partners, and employees.
1.8. Members are particularly advised not to undertake strenuous physical activities for which they might be medically unfit. Members who have any reservations as to their physical condition are advised to have a medical check-up before embarking on any exercise. The exercise programmes and facilities provided are designed with safety in mind, these are however used entirely at the members’ own risk. The Studio is not a substitute for medical attention, examination, diagnosis or treatment. Classes at the studio are not recommended and is not safe under certain medical conditions. By signing, I affirm that a licensed physician has verified my good health and physical condition to participate in such a fitness program. In addition, I will make the instructor aware of any medical conditions or physical limitations before class. If I am pregnant, become pregnant or I am post-natal or post-surgical, my signature verifies that I have my physician's approval to participate. I also affirm that I alone am responsible to decide whether to practice at the studio and participation is at my own risk. I hereby agree to irrevocably release and waive any claims that I have now or may have hereafter against Leo Studio and it's instructors.
1.9. Appropriate clothing must be worn at all times.
1.10. Access to the gym and booking gym and studio classes can be carried out using your personal login to WodBoard.
1.11. Members perspiring excessively are advised to take the appropriate steps to prevent it affecting other members and wipe equipment after use.
2. Leo Gym and Studio membership agreement services
2.1. The service being requested is for teaching and coaching designed to develop your fitness and understanding.
2.2. The agreement is for coaching services over a specific period of time during which the member is eligible to partake in any and all activities in accordance with their membership package.
2.3. This can include an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.
3. Client’s right to cancel
3.1. The client may not terminate or cancel the agreement except as follows:
3.1.1. by giving at least 90 days notice. You may terminate your monthly membership on giving us 90 days written notice to that effect. Refunds will not be issued for partial months and you will pay a further 90 days membership from the day you cancel.
Email: welcome@leogym.co.uk You may buy a new membership, book or reschedule sessions via your personal account or in person at our facility.
3.1.2. if by reason of death or disability, client is unable to receive all Leo Gym and Studio services for which client has contracted, client and client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability).
4. Client’s right to hold
4.1. The client may not place membership on hold unless injured and unable to attend sessions. The request to place the agreement on hold must be submitted 2 weeks prior to the hold dates (no retrospective holds) and must include an end date (or return date) with the following exceptions:
4.1.1. client is injured or sick, or client is pregnant and/or has had a baby. In both cases the return date will be mutually determined based on the recovery and recuperation of the client.
4.2 The client agrees to pay a small fee to keep their membership active during the hold period. This fee is currently £20 per month.
5. Client’s default
5.1. Client shall be deemed in default of this agreement upon the failure to comply with any of the terms and conditions of the agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Leo Gym and Studio shall have all rights and remedies available, including termination of this agreement and institution of an action for all applicable damages.
5.2. If Leo Gym and Studio delays or refrains from exercising any rights under this agreement, Leo Gym and Studio does not waive, nor will Leo Gym and Studio lose those rights. If Leo Gym and Studio accepts late or partial payments from the buyer, Leo Gym and Studio does not waive the right to receive full and timely payments and other charges due under this agreement. Successors and assigns:
5.3. Client agrees that all terms and conditions of this agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of client, and anyone claiming by or through client.
6. Enforceability
6.1. The parties agree that if any provision or portion of this agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this agreement, which shall otherwise remain in full force and effect. However, the client specifically agrees all the terms and conditions are to be enforced and client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this agreement.
7. Legal fees
7.1. In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual lawyer’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
8. Membership fees
8.1. Membership fees shall be fixed by Leo Gym and Studio and may be altered at any time. Members will be notified (via email or notification in WodBoard) of any changes in the fees prior to the date of the alteration.
8.2. On payment of membership fees, a member is entitled to use Leo Gym and Studio facilities with frequency of use relating to the membership type.
8.3. The first membership subscription shall be due and payable on the signing of this agreement. Subsequent membership subscription shall be due and payable on the same date of each month or thereabouts depending on what day of the week the date falls on.
8.4. All membership applications and waivers must be completed via WodBoard prior to any physical activity starting.
8.5. The Leo Gym and Studio reserves the right to reject an application for membership, or refuse admission, without giving any reason.
8.6. Membership fees are payable according to the membership type selected.
8.7. Membership upgrades can take place immediately. Membership downgrades require 30 day’s notice as per section 3.1.
9. Direct Debit and Recurring Card Payments
9.1. Monthly Direct Debits and Recurring Card Payments are a full binding contract between Leo Gym and Studio and the member and will automatically continue until Leo Gym and Studio is notified otherwise.
10. Use of the Facilities
10.1. A member is entitled to use Leo Gym and Studio’s facilities providing always that Leo Gym and Studio may at any time withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration, maintenance or security work, other work or for reasons beyond the control of Leo Gym and Studio.
11.Smoking & Vaping
11.1. Please note that Leo Gym and Studio has been designated a non-smoking or vaping environment. The whole site is a no smoking site.
12. Social Activities
12.1. The centre reserves the right at any time, and without notice, to set aside facilities for exhibitions or other social activities.
13. Fire Emergency plan
13.1. In the event of a fire, members are asked to make their way in an orderly fashion to the nearest available exit which are clearly signed at the end of the gym and convene outside the covered Car Park on Fieldhouse Lane.
13.2. Members are advised not to fight the fire but leave the premises and call the fire brigade. There are fire extinguishers located in key risk areas within the premises should it be necessary to combat flames.
14. Medical Emergency plan
14.1. In the event of a medical emergency the first aider on duty will assess the medical need and call for help.
14.2. Members with relevant training are encouraged to help and call for the ambulance service.
15. Lost property
15.1. All lost property found on the premises should be handed into Leo Gym and Studio’s front desk or to a member of staff. Items will be stored for at least one month before possibly being donated to local charities.
16. Liability and loss
16.1. The centre’s liability for loss or damage to members’ property is strictly limited to any damage or loss suffered as a result of negligence of Leo Gym and Studio, its staff or agents. Without exception the centre will not accept liability for money, valuables or other personal property of members.
16.2. The centre reserves the right, at its absolute discretion, to refuse to store any such personal property of members. Property stored at Leo Gym and Studio is stored at the owner’s risk and no liability for the loss or damage thereto will be accepted by the gym.
16.3. The Leo Gym and Studio cannot accept any liability for any accident to any member or guest that may occur on the premises other than the liability which may arise from negligence of Leo Gym and Studio, its staff or agents.
16.4. Any member who suffers an accident on the premises must report the accident, and the circumstances under which it occurred, to a staff member immediately following the accident.
16.5. Neither Leo Gym and Studio, its trainers or other employees, or agents (including every independent contractor from time to time employed by Leo Gym) shall in any circumstances whatsoever be under any liability whatsoever to the applicant for any loss, damage or injury (including death) whether accidental or otherwise of whatsoever kind arising during or resulting from participating in the exercise programme.
17. Termination of Membership
17.1. You may cancel your membership by providing 90 days written notice of your wish to cancel. Cancellation notices must be received on or before the payment date of which your payment to Leo Gym and Studio is taken for expiry before to the next payment would have been due. Leo Gym and Studio is not liable to refund any monies should the receipt of cancellation not be received in accordance with this clause.
17.2. Leo Gym and Studio reserves the right to refuse admission and/or to expel or suspend any member forthwith if any member shall, in the opinion of the owners, cause nuisance or annoyance to the other gym members or guests; and for any breach of Leo Gym and Studio’s rules or misuse of gym facilities, or for any other reason which Leo Gym and Studio may deem appropriate.
18. Suspension of membership
18.1. Suspension for medical reasons will require support in writing from your doctor and will only apply from the date of receipt of the letter. A letter from your doctor will be required on your return to fitness. 18.2. Suspension for any other reason must be requested in writing two weeks in advance. 18.3. All suspensions are at the discretion of the management.
19. General
19.1. Members must at all times observe the membership rules and Leo Gym and Studio Rules, and comply with any reasonable directions which the director/manager/coach/trainer may give to ensure the smooth operation of Leo Gym and Studio, the facilities and the convenience of members.
19.2. Any dispute or difference which may arise with regard to the interpretation of these rules shall be determined by the directors whose decision shall be final.
19.3. Leo Gym and Studio reserves the right to amend these rules and all tariff charges at any time and without notice to the individual members although notification of the change will be displayed on Leo Gym and Studio by notices posted on notice boards and through email/newsletters. If any provision in these rules is declared illegal or otherwise unenforceable, the remaining provisions shall remain in full force and effect.
20. Data Protection Act
20.1. Leo Gym and Studio abides by the principles of the Data Protection Act 1998 and will keep the information provided by you on computer for the purpose of administrating the membership. In addition, Leo Gym and Studio will use the records to notify you of leisure activities organised by Leo Gym and Studio. By electronically signing and returning the membership form through WodBoard you will be deemed to be giving your explicit consent to the processing of data contained on it, including anything which may be considered to be sensitive personal data.
20.2 Leo Gym and Studio takes member privacy seriously and follows all GDPR guidelines.
21. Governing Law and Jurisdiction of the Courts
21.1. This agreement shall be governed by and construed with UK Law and the parties agree to submit any disputes to the exclusive jurisdiction of the UK Courts.
22. Photography/Video Release
22.1 Participants involved in any activities offered by Leo Gym and Studio may be photographed or videotaped during training. The undersigned hereby consents to the use of these photographs and/or videos without consent or compensation on the Leo Gym and Studio website and Facebook page or in any editorial, promotional or advertising material produced by Leo Gym and Studio. These photos or videos will be used solely for the purposes of Leo Gym and Studio promotional material publications and website and waive any rights of compensation or ownership thereto.
WEBSITE LEGAL NOTICE Visitors to our Website are required to accept the following terms and conditions in return for the information given about us, our business and the services we provide through our Website.
1.0 Conditions of website use
1.1. We use our reasonable efforts to include accurate and up to date information on our web pages. Information is for guidance only and is not intended to form any part of a contract and can be subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.
1.2. The information on these web pages has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation.
1.3. You agree that the material downloaded or otherwise accessed through the use of our web pages is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage.
1.4. We do not accept any liability in connection with any third party web sites which may be linked or accessible through our own Web site and we do not endorse or approve the contents of any such site.
1.5. In relation to a dispute arising out of this Website you the user and we, Leo Gym and Studio agree to submit exclusively to the jurisdiction of the UK courts.
1.6. Except where expressly stated to the contrary the text and graphics in the information contained in this Web site is the copyright of Leo Gym and Studio. You may download or print out individual selections of these web pages only if explicitly used for your own personal information and not to be publicly reproduced. Permanent copying or storage of whole or part of this Website or the information contained in it or reproduction or incorporation of any part of it in any other work or publication whether on paper or electronic media or any other form is expressly prohibited.
1.7. The entire contents of these web pages remain our property and are copyright with all rights reserved.
2. Cookie/Tracking Technology
2.1. The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customise the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties. 2.2. Distribution of Information
2.2.1. We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation.
We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorised transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
PRIVACY POLICY Leo Gym and Studio understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our customers and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law. What is Personal Data? Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’. Leo Gym and Studio abides by the principles of the Data Protection Act 1998 and will keep the information provided by you on record for the purpose of administrating the membership. In addition, Leo Gym and Studio will use the records to notify you of leisure activities organised by Leo Gym. By signing and returning the membership form you will be deemed to be giving your explicit consent to the processing of data contained on it, including anything which may be considered to be sensitive personal data. In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
Changes to this Privacy Notice We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
