PARTICIPANT AGREEMENT TERMS AND CONDITIONS

By signing this Agreement, any purchase from CoeActive Fitness will be bound by this Participant Agreement, it becomes a binding contract between you and CoeActive Fitness and applies to your participation in the program/service.

By signing the summary of these T&C’s electronically or below, you are acknowledging you have read, agree to and accept all of the terms and conditions contained in this agreement.

Scope of Participation

1.1 Participants must be over 16 years of age. Participants under 16 years of age and over 12 years of age must be accompanied by an appropriate adult and accept full responsibility for the under 16 member/single class participant.

1.2 All services purchased from CoeActive Fitness must be preceded by the applicant declaring any physical and/or medical limitations, which may affect their ability to participate in the program/service. The participant assumes responsibility of checking with their medical practitioner, physiotherapist, or other health care professional for medical readiness prior to participating in any of the Company’s programs/services.

1.3 We operate a zero-tolerance environment. Should a participant or instructor be subjected to any form of physical, verbal or psychological abuse or harm, memberships will automatically be cancelled with no refund.

1.4 CoeActive Fitness reserve the right to refuse access to any program/service participant, if in our absolute discretion, we consider that the health of the individual concerned may be endangered by the program/service.

1.5 The participant agrees that the program/service is non-transferable and is only for use by the customer who has signed up to the program/service.

1.6 In the case of extreme weather such as exceptional snow or storm conditions, CoeActive Fitness may make a decision in the interest of everyone’s safety to temporarily cease operations. This decision will be based on Police and Government advice. If such prevailing weather conditions occur, participants will receive an email stating this. Alternatively, members can telephone 07435583892. If sessions are missed due to such circumstances, additional sessions will be added to the following month in lieu of missed sessions. Refunds will not be given in this situation.

1a. Physical activity waiver upon registration sign up

During your sign up to TeamUp, you will have completed a waiver. It is solely the responsibility of you (the participant) to have completed this waiver accurately and truthfully. CoeActive Fitness will hold no responsibility for participants who fail to disclose any reason why they should not participate in a fitness class.

CoeActive Fitness is dedicated to providing a program/service, which matches the considerations of the participants as much as is possible within the chosen program/service. Whilst every effort is made to keep the program/service both safe and effective there is a risk of injury or death with every physical activity. The participant acknowledges that they are taking part of their own free will and are aware of the risks stated. The Participant agrees that neither they, their heirs, assigns nor legal representatives will sue or make any other claims of any kind whatsoever against the Company whether for personal injury, property damage/loss or wrongful death, whether caused by negligence or otherwise.

Fees, Payment & Bookings

2.1 The participant is responsible for full payment of fees for the entire selected program/service duration, regardless of whether you actually attend or complete the selected program/service, and regardless of which payment option you have chosen. Failure to make the agreed payments will result in default of the agreement and your agreement may be forwarded to a third party to recoup the full amount due for the remainder of your program/service plus any costs incurred.

2.2 All program/services are paid for by a monthly recurring payment. Classes can be booked 14 days in advance, 2 hours after the class start time. Classes can be booked in advance at all times including before payment has been taken. If, however payment fails on the debit date, classes will be cancelled. It is up to the participant to rebook classes once payment has been taken.

2.3 All payments must be made on a timely basis. If payments are not made on a timely basis, the Company reserves the right to place the membership on hold.

2.4 All sessions must be used within the specified timescales detailed on the membership option.

2.5 Move, Groove and Unlimited memberships are recurring monthly memberships. They have a minimum contract term of 3 months and will automatically renew and debit your account on the sale date of your original purchase.

2.6 To cancel, please email:

[email protected] 30 days in advance of your payment date, provided you are out of your 3 month minimum contract. No other means of cancellation will be accepted or counted as acknowledged.

2.7 Members can upgrade their account at any time, a pro rated amount will be calculated and charged to their account. To downgrade, please email CoeActive Fitness 14 days in advance of your payment date.

2.8 A 10% charge will be applied to all refunds on purchases that were made in error. This includes drop in passes and bolt-on’s.

2.9 Members on memberships with special pricing such as a sale or offer may keep their membership for however long they wish. Should they cancel, upgrade or downgrade in the future however, they will be subjected to the current pricing in the business. On occasions and on a case by case basis, the business may decide to offer an original sale or offer price to the member.2.10

Members on Unlimited are on a strict cancellation policy. 4 late cancels or no shows in a month without a valid reason are subject to a £5 fee. This fee is charged to the account at the end of each month if applicable. This fee applies to every 4 late cancels or no shows so the final amount may be a multiple of £5 charges.

2.10 The Participant agrees that the program/service is non-transferable and is only for use by the Customer who has signed up to the program/service.

2.11 CoeActive Fitness reserve the right to refuse access to any program/service participant, if in our absolute discretion, we consider that the health of the individual concerned may be endangered by the Program/Service.

Refunds and Cancellation Policy

2.9 Cancellations of bookings are accepted up to 1.5 hours in advance.

2.10 Cancellations within 1.5 hours of the session are forfeited. If you are unable to attend a session due to circumstances out of your control, CoeActive Fitness will determine on a case-by-case basis if a session credit may be offered. Additional evidence may be requested (e.g. a Medical Letter, evidence of flight delay etc.). No refunds will be offered.

Refunds are payable in the following circumstances:

An undeniably unavoidable circumstance prevents you from taking part in or completing your programme (determined on a case by case basis by the business). Written evidence to support this may be requested. A 25% cancellation fee is payable if a refund is made. If appropriate a program/service credit will be offered in the first instance.Program/service credits must be used within 30 days or will otherwise be forfeited.

Refunds are not payable in the following circumstances:

You have changed your mind.Refunds are not payable for classes which have taken placeYou do not use your membership.If a class needs to be cancelled by the business due to severe external conditions e.g. unsafe road conditions due to snow or a severe storm. An alternative appointment will be offered for a future appointment or an additional class will be added to your next month’s allowance of classes.

Hours and Weeks of Program/Service

3.1 Because we believe in having balance in our lives, and recommend the same to our clients, the business will operate for at least 45 out of 52 weeks of the year and charges are set accordingly.

3.2 CoeActive Fitness in the unlikely event of operational issues will commit to providing at least 20 classes per calendar month and we reserve the right to enforce this at any time without prior notice.

Personal Property

4.1 Personal property brought to sessions are done so at the participants own risk and the Company does not accept liability for any loss or damage whatsoever to such items. For security reasons participants are advised to leave valuable items at home, and to keep personal belongings with them at all times.

Changes to Program/Services

5.1 Because I/CoeActive Fitness believes in constant improvement, you agree that the form and nature of the program/service may change from time to time without prior notice to you.

Class Etiquette

6.1 Please wear appropriate fitness clothing and footwear.

6.2 Please be mindful and respectful of others.

6.3 Ensure all bags, coats and water bottles are kept off the floor and away from member’s feet.

6.4 Checking in is easy. Simply go to your class instructor and they will check you in.

6.5 Please arrive at least 10 minutes before the start of your class.

6.6 Please don’t be late.

6.7 We kindly request (out of respect for other users) that mobile phones or other devices are not used during the sessions except in the case of an emergency.

Privacy, Copyright and Violations

I/CoeActive Fitness respects your privacy and must insist that you respect the privacy of fellow program/service participants. By accepting the participant agreement terms and conditions, you agree not to violate the publicity or privacy rights of any program/service participant. We respect your confidential and proprietary information and must insist that you respect the same rights of fellow program/service participants and of the business.

Not to infringe any program/service participant’s or the businesses copyright,That any Confidential Information shared by Program/Service participants or any representative of the business is confidential and proprietary and belongs solely and exclusively to the participant who discloses it, or to any business representative. We agree not to disclose such information to any other person or use it in any manner other than in discussion with other program/service participants during program/service sessions.All materials and information provided to you (for example exercise or eating plans) by the business are its confidential and proprietary intellectual property, belonging solely and exclusively to the business and may only be used by you as authorised by the business.The reproduction, distribution and sale of these materials by anyone but the business is strictly prohibited.

Further, by electronically signing the T&C’s summary or agreeing/acknowledging this Agreement you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in these terms and conditions, the business and/or other program/service participant(s) will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

Conclusion

I/we have made every effort to accurately represent the program/services and their potential. Each individual’s results depend on many factors, including their individual considerations from the outset, his or her dedication, desire, and motivation. By accepting these terms and conditions you acknowledge and agree to all of the above.I hereby agree I have read and understood the Participant Agreement detailed above and that I would like to fully Participate in this program.