Terms and Conditions
01/05/2023
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Introduction
1. These terms are published on the Lift Studios Limited (Lift) website, however Lift is only acting as an agent on behalf of the Consultant in connection with any agreement between you and the Consultant to provide Services. These terms operate between you and the Consultant directly.
2. These terms may have changed since you last reviewed them
3. Where to find information about Lift, the Consultants and the Services: you can find everything you need to know about Lift, the Consultants and the Services offered on the Lift website before you book. Lift will, on behalf of the Consultant, also confirm the key information to you in writing after you book, either by email or in your online account.
4. The Services include personal training, nutrition, sports massage, dietetic services and coaching, lifestyle coaching and any other fitness related service which the Consultant is qualified and insured to deliver. These may be delivered online (live or via digital content subscription) or in person, at the Lift studios or at another location of your choosing.
Key Terms
5. When you buy Services or digital products from the Lift website you are agreeing that:
5.1. Lift only accepts bookings for Services when we've checked them with the Consultant. We contact you to confirm we've received your booking and then we contact you again to confirm that the Consultant has accepted it. Sometimes Lift will reject bookings.
5.2. Lift will, on behalf of the Consultant, charge you when you book, whether for Services to be provided in one booking, or a package of Services.
5.3. The Consultant may, in agreement with you and Lift, agree to invoice you in arrears at the end of each month in respect of the Services used in that month. Any such invoice must be paid within 14 days of delivery.
5.4. Lift will charge interest on late payments: if Lift is unable to collect any payment you owe the Consultant, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You pay us the interest together with any overdue amount.
5.5. Neither Lift nor the Consultant is responsible for delays outside their control.
5.6. If you booked online or over the telephone, you have a legal right to change your mind about a booking within 14 days of the date of confirmation, however you cannot cancel a booking for Services once they have commenced, and you cannot cancel any digital product purchased after you have downloaded or streamed it.
5.7. If you change your mind about a booking within 14 days of booking it, and without using the Services or downloading or streaming the digital product, please contact Lift on info@liftstudios.co.uk. We will refund you as soon as possible by the method you used for payment. We don't charge a fee for the refund.
5.8. You can end an on-going contract: you may end a package of Services with a Consultant before completion for medical reasons – please see paragraph 12 below.
5.9. You have rights if there is something wrong with your digital content: if you think there is something wrong with your digital content, you must contact Lift on info@liftstudios.co.uk.
Summary of your key legal rights
If your product is digital content, for example online programming, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
· If your digital content is faulty, you're entitled to a repair or a replacement.
· If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
· If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
If your product is services, for example personal training sessions, the Consumer Rights Act 2015 says:
· You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
· If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
· If a time hasn't been agreed upfront, it must be carried out within a reasonable time.
5.10. We can, on behalf of the Consultant, change digital content and these terms
Changes we can always make. We can always change a product:
• to reflect changes in relevant laws and regulatory requirements;
• to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the content; and
• to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.
5.11. We can, on behalf of the Consultant, suspend supply (and you have rights if we do)
We can suspend the supply of a product. We do this to:
• deal with technical problems or make minor technical changes;
• update the product to reflect changes in relevant laws and regulatory requirements; or
• make changes to the product.
We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the product for longer than 3 days in any week we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 14 days you can contact Lift to end the contract and we'll refund any sums you've paid in advance for products you won't receive.
5.12. We can withdraw products and Services
We can stop providing a product, such as an ongoing Service or a subscription for digital content. We let you know at least 14 days in advance and we refund any sums you've paid in advance for Services which won't be provided.
5.13. We can end our contract with you
We can end our contract with you for a product or Services and claim any compensation due to us if:
• you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due;
• you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Services, for example, basic health information about yourself.
6. We don't compensate you for all losses caused by us or our products or Services. Neither Lift nor the Consultant accepts any liability for any accident, loss, damage, injury, pain, suffering or illness to you or your property whatsoever, whether caused by their negligence, breach of contract or in any other way during the provision of the Services or the supply of digital content; save for death or personal injury caused by negligence, or otherwise as prohibited by law.
7. Your use of digital content or Services does not give you any intellectual property rights in either. Such rights are the sole property of the Consultant. You should not share digital content with third parties, or reproduce it in any way.
8. Neither Lift nor the Consultant is responsible for assessing your ability to undertake physical exercise. You should consult with your doctor prior to commencing any Services or digital content. You are required to complete a questionnaire upon registration, and the Consultant may require you to consult with your doctor prior to commencing any Services.
9. Lift website
9.1. The website may include links to external sites and co-branded pages. Lift has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. However, neither Lift nor the Consultant is responsible for the content of these sites and pages or for anything provided by them.
9.2. Lift and the Consultant may use your personal data as set out in the Privacy Notice on the Lift website.
10. Cancellation and Lateness
10.1. Both Lift and the Consultant appreciate that unforeseen circumstances sometimes arise meaning that Services must be cancelled. If either you or the Consultant wish to cancel a booking or Services more than 24 hours before the appointment, there is no charge.
10.2. If the Consultant need to cancel within 24 hours’ of a booking, the Consultant and Lift will endeavour to offer an alternative Consultant at the booking. If you do not wish to work with the alternative Consultant, the booking will be rearranged at your convenience.
10.3. If the Consultant does not attend (without notice), then the Consultant shall provide you with an additional free booking as well as the rearranged booking.
10.4. If you need to cancel a booking within 24 hours’, or do not attend, the booking will be charged in full.
10.5. If the Consultant is more than 10 minutes late for a booking, without prior notice, you will be entitled to an additional booking at no charge.
10.6. If the Consultant is late, but able to extend the booking to keep to the original time period, with your agreement, that is accepted.
10.7. If you are less than 25 minutes late for your booking, the Consultant may reduce your booking period accordingly. If you are more than 25 minutes late, the Consultant may, in its sole discretion, choose to cancel the booking and no refund will be provided.
11. Package Services - Expiry and Extensions
11.1. All Service packages have a 20 week (140 day) expiry, after which time any unused bookings will be lost and no refund will be made.
11.2. You may extend Services packages for between one month and 12 full calendar months for the following reasons only:
- Pregnancy
- Serious illness
- Serious injury
- Redundancy
11.3. To extend your Services package you must contact info@liftstudios.co.uk; we may ask you to provide proof of pregnancy, serious illness, serious injury or redundancy.
12. Refunds
12.1. If for any medical reason you are no longer able to participate in personal training Services, you may request a refund for the remainder of your Services package, provided that you can (upon request) provide proof from your GP.
12.2. If you no longer wish to use the Services for any other reason, you will not be entitled to a refund.
12.3. If the Consultant is no longer available at Lift, you will be refunded in respect of any Services package which is paid for but not used.
13. Disputes. You have several options for resolving disputes with Lift and/or the Consultant
13.1. Our complaints policy. If you contact Lift directly on info@liftstudios.co.uk we will try to resolve any issues.
13.2. Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
13.3. You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
14. Other important terms
14.1. You can only transfer your contract with the Consultant to someone else if the Consultant agrees to this.
14.2. Nobody else has any rights under this contract. This contract is between you and the Consultant. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
14.3. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
14.4. Even if the Consultant, or Lift acting on their behalf, delays in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.