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PLEASE READ THE FOLLOWING CAREFULLY BEFORE CLICKING 'I AGREE', BELOW.
FirstLight On Demand Limited
1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply services and/or products to you (this “Agreement”).
1.2. Why you should read them. Please read this Agreement carefully before you sign up to become a member (monthly or pay-as-you-go), otherwise referred to as a RISER, and before you pay for and take part in any of our classes.
1.3. What this Agreement tells you. This Agreement tells you who we are, how your membership as a RISER works, how you and we may change or end your membership, what to do if there is a problem and other important information. If you think that there is a mistake in this Agreement or anything is unclear, please contact us via the details below to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are FirstLight On Demand Limited, a company registered in England and Wales. Our company registration number is 11428161 and our registered office is at FirstLight On Demand Ltd, Kemp House 160 City Road, London. EC1V 2NX. We operate through our website available at www.firstlightlondon.com (the “Website”).
2.3. How we may contact you.If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you signed up to become a RISER. Please note that all personal information that you provide us with is carefully managed in accordance with our Privacy and Cookies Policy.
3. BECOMING A RISER: OUR CONTRACT WITH YOU
3.1. When our contract with you starts. This Agreement commences when you sign up via the Website to become a RISER. This Agreement will become binding on you and us when we contact you to confirm your membership, at which point a contract will come into existence between you and us.
3.2. Monthly membership. If you choose to pay a monthly membership, this allows you to attend any number of classes on-demand for the duration of your membership. This Agreement will continue automatically whilst you continue to pay the monthly membership fees stipulated at the time, unless either you or we terminate your membership, in line with this Agreement.
3.3. Pay-as-you-go membership. If you choose to pay for classes as you go, as opposed to paying a monthly membership, this Agreement will continue in accordance with the terms and expiry date of the credit bundle purchased.
3.4. All RISERS must be aged 16 or over.
WARNING: All classes contain flashing lights which may potentially trigger seizures for those with photosensitive epilepsy. If you have any concerns, please do not book or attend this class before speaking with a member of our staff.
4.1. Class timetables are available on our Website and may be updated or amended without notice. We accept no responsibility should a class have to be cancelled or an instructor substituted. Your credit will be refunded to your account if we have to cancel your class.
4.2. Classes are subject to availability but we will always do our best to accommodate you in your chosen class.
4.3. If you cannot attend a class that you have booked, please notify us as soon as possible by email at [email protected] so that we may make the space available to someone else. Classes are busy and it would be a shame for people to miss out unnecessarily.
4.4. You agree to our 12hr notice policy when cancelling and/or rescheduling. If you’re booked into a class, please give us at least 12 hours’ notice if you want to cancel it, we will refund your class credit for that class. If you give us less than 12 hours’ notice before the start of the class that you want to cancel it, or you don’t show up, we will not refund your class credit.
5. CLASS CREDITS FOR PAY-AS-YOU-GO RISERS
5.1. Class credits are personal. Class credits are personal to you and cannot be transferred or assigned to another individual.
5.2. Purchasing class credits.You can purchase class credits online via our Website. You can purchase them in bundles at varying prices and discounts. All class credit prices are displayed on our Website and may be updated from time to time without notice. Any price changes will not affect existing class credits that you have already paid for but have not yet used.
5.4. Payment of class credits must be made in advance via our chosen third-party payment service provider by credit or debit card.
5.5. Expiry of class credits. Class credits and class credit bundles have varying expiry dates from the date of purchase. Please check our Website carefully for credit bundle expiry information as we may not be able to notify you of impending expiration of your credits.
6. MONTHLY MEMBERSHIP
6.1. Fee changes. From time to time, we may need to increase the price of monthly membership fees. Should we do this, we will give you one month’s notice, via the email address you have provided us with and making it clear when the price increase will take effect. During this period, you will have your usual right to terminate your membership in accordance with this Agreement.
7. CANCELLATION OF MONTHLY MEMBERSHIP
7.1. You may cancel your membership at any time and for whatever reason. Please copy and paste the wording of our model cancellation form at the bottom of this Agreement and complete your details before emailing it to us at [email protected].
7.2. Subject to clause 7.3 below, if we receive your email before the 1st day of the month before your next membership payment is due to be taken, you will not be charged the following month’s membership fees but your membership shall continue until the day before we are due to take payment for the following month. If we receive your email notice to cancel your membership on or the day after the day we take payment, you will be charged the following month’s membership fees and your membership shall end at the end of that following month.
7.3. Early cancellation refund. As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) you are entitled to cancel your membership and receive a full refund of any fees or class credits paid for within 14 days of completing your membership application form. However, as per regulation 36 of the Regulations, you agree that if you cancel your membership within the 14 day period, for monthly RISERS, you will be refunded any monies paid, less a pro rata amount for the days of membership you have already had and for pay-as-you-go RISERS, you will be refunded any unused class credits.
7.4. We may cancel your membership immediately without notice if you:
7.4.1 breach any term of this Agreement;
7.4.2 allow anyone other than yourself to use your membership or attend a class/classes on your behalf; or
7.4.3 engage in disruptive or antisocial behavior, which may, in our reasonable opinion, put others at risk.
7.4.4 If we cancel your membership for any of the reasons listed in clause 7.4 above, we will not refund you any outstanding class credits on your account.
8. THE SCOPE OF OUR LIABILITY AND RESPONSIBILITY TO YOU.
8.1. We are not legally responsible for any possessions you lose or that are damaged or stolen at any of our venues unless we have been negligent. If you have an accident or injure yourself at one of our classes you must report this to the instructor straight away.
8.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation.
8.3. It is vital that you supply our instructors with correct medical or health information about yourself. Nevertheless, our classes do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that our services are suitable for you. It is not our instructor’s responsibility to determine whether our classes are suitable for you. Before commencing any exercise regime, you should consult your doctor.
8.4. We do not accept any liability for any error or omission in the information you provide to us or our instructors and exclude all liability for any action you (your legal representatives) may take against us, our affiliates, contractors, employees, agents or third party partners or suppliers for any loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering or any indirect, consequential, punitive or special loss, however arising including by negligence) as a result of relying on any information on our Website, from our instructors or provided through any class or other service supplied by us to you or arising from the use or inability to use our facilities or take part in our classes even where we have been notified of the possibility of such damages.
8.5. To the extent permitted by law, we and third parties connected to us exclude all conditions, warranties and other terms which otherwise would be implied by statute, common law or the law of equity save for any liability for death or personal injury directly arising from our negligence.
8.6. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any event outside of our reasonable control.
8.7. This Agreement, and in particular this clause 8, should be read and interpreted in conjunction with our Health Commitment Statement and Waiver of Rights available here.
9. YOUR PERSONAL INFORMATION.
9.1 We take our responsibility for looking after your personal information very seriously. Please look at how we look after this information by reading our Privacy and Cookies Policy here or on our Website.
9. 2 You are responsible for informing us about any changes to your personal information.
10. CHANGES TO THIS AGREEMENT. We may change the terms and conditions of this Agreement without notice.
11. OTHER TERMS
11.1. If we take no action or delay in taking action in respect of any breach of this Agreement or give you extra time to pay or comply, it will not prevent us from enforcing the terms of this Agreement strictly at a future date.
11.2. We may assign the benefit of this Agreement and our rights thereunder to a third party on notice to you. In such circumstances, your rights under this Agreement will not be prejudiced.
11.3. Should we have to close a venue, we will do our best to notify you of such closures in advance, unless the problem is urgent or an emergency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances. Any credits spent on classes that can no longer run will be returned to your account.
11.4. This Agreement shall be governed by and construed in accordance with English Law.
MODEL CANCELLATION FORM
[Please copy, paste and complete the wording below into an email addressed to the Manager in order to cancel your membership with FirstLight On Demand Limited].
To FirstLight On Demand Ltd, Kemp House 160 City Road, London. EC1V 2NX, with email address [email protected].
I hereby give notice that I would like to cancel my membership with FirstLight On Demand Limited meaning that I will no longer be able to participate in their classes:
PLEASE READ THE FOLLOWING CAREFULLY BEFORE CLICKING 'I AGREE', BELOW.
FirstLight On Demand
HEALTH COMMITMENT STATEMENT AND WAIVER OF RIGHTS
FirstLight On Demand Limited (”we”/“our”/“us”) is committed to your health and wellbeing and want to ensure that you exercise with us safely. Please read this Health Commitment Statement and Waiver of Rights carefully before you participate in any of our classes. It should be read and interpreted in conjunction with our Terms and Conditions.
OUR COMMITMENT TO YOU
We and our instructors will make all reasonable efforts to ensure that our classes and equipment are safe for you to use and enjoy.
We and our instructors will take into account any personal injuries, disabilities or illnesses that you make us aware of and, where possible, shall try to accommodate and consider those needs during your class and/or make appropriate adjustments for you.
We reserve the right to refuse, restrict or immediately withdraw your access to a class if in our opinion, at our/our instructors’ absolute discretion, it is not safe for you to participate or there are any concerns about your participation.
You hereby agree to inform our instructors in advance of any class if you have an injury, disability or illness that may be affected by your participation in one of our classes.
You hereby agree not to participate in any class or specific exercise in a class which you have been advised is not suitable for you.
We will respect your personal decisions and allow you to make such personal decisions about what you can or cannot do or want to do in any of our classes. Nevertheless, we strongly advise you not to exercise beyond your own capabilities.
If in our opinion, we or one of our instructors, in our/their absolute discretion, believes that you would be at risk by participating in one of our classes, we reserve the right to immediately deny you access or to continue participating in our classes until you have provided us with a letter of opinion from a qualified medical practitioner (at your cost and expense) addressing our concerns and specifically advising us that you are safe and not at any physical risk when participating in our classes.
You must advise us/our instructors immediately should you feel ill at any point during a class.
WAIVER AND RELEASE
You hereby agree and accept that there are inherent risks associated with participation in any of our classes which involve strenuous physical activity. WARNING: All classes contain flashing lights which may potentially trigger seizures for those with photosensitive epilepsy. If you have any concerns, please do not book or attend this class before speaking with a member of our staff.
Notwithstanding your commitment to us above to inform our instructors of any personal injury, disability or illness, and not to participate in any class which you have been advised is not suitable for you, we nor our instructors cannot accept any liability for any injuries you may incur during or connected with participating in our classes in accordance with clause 8.4 of our Terms and Conditions available here.
ACCORDINGLY, IN CONSIDERATION OF US ALLOWING YOU TO PARTICIPATE IN ANY OF OUR CLASSES, YOU HEREBY AGREE TO (1) ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGE (OF WHATEVER DEGREE OR NATURE) WHICH ARE SUSTAINED OR AGGRAVATED BY YOU AS A RESULT OF, OR IN CONNECTION WITH, YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN OUR CLASSES; (2) WAIVE, RELEASE AND FOREVER DISCHARGE FIRSTLIGHT CYCLE WESTFIELD, ITS OFFICERS, AGENTS, EMPLOYEES, INSTRUCTORS, REPRESENTATIVES AND OTHERS FROM ALL RESPONSIBILITY, CLAIMS, RIGHTS, CAUSES OF ACTION AND/OR LIABILITY FROM INJURIES OR DAMAGES TO YOUR PERSON OR PROPERTY RESULTING FROM, OR CONNECTED WITH, YOUR PARTICIPATION IN OUR CLASSES INCLUDING THOSE CAUSED BY NEGLIGENCE; AND (3) WARRANT AND REPRESENT THAT TO YOUR KNOWLEDGE YOU HAVE NO MEDICAL OR PHYSICAL CONDITION WHICH WOULD PREVENT YOU FROM PARTICIPATING IN ANY OF OUR CLASSES AND/OR PUT YOU IN PHYSICAL OR MEDICAL DANGER AND HAVE NOT BEEN ADVISED BY A MEDICAL PRACTITIONER OR SIMILAR NOT TO DO SO. FOR THE AVOIDANCE OF ANY DOUBT, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
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