THE FITTING ROOMS TERMS OF USE

Welcome to The Fitting Rooms website. These terms of use govern your use of our website and of all our services, online and offline; by using our website and our services, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website or services. You must be at least 13 years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 13 years of age. We reserve the right to amend these terms from time to time without notice. Revised terms of use will apply from the date of publication.

TERMS OF USE

1. ACCEPTABLE USE

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You may provide links to our site provided that your site complies with the above and you discontinue any links immediately on request by us.

2. LIABILITY

We do not take any responsibility and we are not liable for any damage caused through use of products or services purchased or advertised through this website, be it indirect, special, incidental or consequential damages (including but not limited to damages for loss of business, loss of profits, interruption or the like).

The Fitting Rooms recommend that you consult with your doctor before starting a new exercise programme.

The Fitting Rooms is not a licensed medical care provider and cannot provide diagnosis, examination or treatment for medical conditions of any kind, and cannot determine the effect of any specific exercise on a medical condition. You should understand that when participating in any exercise programme, there is the possibility of physical injury.

By participating in any form of exercise at The Fitting Rooms you agree that you do so at your own risk; are voluntarily participating in these activities; assume all risk of injury to yourself; and you agree to release and discharge The Fitting Rooms from any and all claims or causes of action, known or unknown, arising out of The Fitting Rooms’ negligence.

3. DELIVERY OF GOODS & SERVICES

Goods are delivered as digital downloads via email immediately following purchase. Should you not receive our email within 10 minutes of purchase please first check your spam folder and then contact [email protected], we will endeavour to respond to you as a priority. A history of your previous purchases will also be available within your user area and will allow repeat downloads where appropriate.

4. RETURNS, REFUNDS AND CANCELLATION POLICY

Payment for all appointments and sessions must be received 24 hours prior to the scheduled session. At least 24 hours notice must be given if you need to cancel or reschedule a One-on-one or Shared personal training session. Failure to do so will result in you being charged 100% of the appointment value. Blocks of 10 One-on-one personal training or Shared personal training expire four months from the purchase date. All Pay as You Go sessions expire one month from the purchase date. The Fitting Rooms regrets that we cannot offer refunds although exceptions may be made in extenuating circumstances, at our own discretion.

In the rare circumstance that The Fitting Rooms has to cancel your session within the cancellation period (same as above) without a reasonable replacement session, The Fitting Rooms will credit you with a free session as compensation. Reasonable replacement is considered as a session within 30 minutes of your booked session time, with a Fitting Rooms Personal Trainer.

5. PRIVACY & SECURITY POLICY

To enable us to provide an ongoing service to our clients, it is essential that we hold certain data. Your personally identifiable information is kept secure. Only authorised employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from our sites allow you to opt out of further mailings. The Fitting Rooms will never sell trade, rent, exchange or otherwise share your personal information with any other person, company or organisation. All data is held for a maximum of two years from the date of your last visit. If you would prefer your data to be deleted sooner than this, please contact us at [email protected] and we will arrange for this to be done immediately.

5.1. INFORMATION HELD

– Personal information provided by you voluntarily at registration: Name, Phone Number, Email Address, Postcode, Date of Birth. This data is held by our partner Mindbody. You can view their privacy policy HERE.

– Visit data: dates and times of visits to The Fitting Rooms. This data is also held in Mindbody.

– Contact history: We keep a full history of all email communications we have sent you. All service emails relating to the booking of sessions and your account information are automatically sent through our partner Mindbody. All other service and marketing emails are sent through MailChimp.

– Survey responses that you may have voluntarily provided. This data is held by SurveyMonkey.

– Training data: your weights or times for each exercise performed on each visit.

– Body Composition data: If you have requested your body compisition data to be taken we will store the acquired information which could include weight, height, body composition measurements and other sizing measurements.

5.2. MARKETING

Please be aware that your information may be used to send you details of our own services that we believe may be of interest to you. If at any point you would like to opt-out of receiving communications from us you can do so by clicking the unsubsribe button on any of our emails, or by contacting us directly on [email protected].

5.3. DISCLOSURES

We will never share your data with third parties unless we are obliged to disclose personal data by law, or the disclosure is ‘necessary’ for purposes of national security, taxation and criminal investigation, or we have your prior consent.

5.4. OTHER WEBSITES

Our website may contain links to other websites that are outside our control and are not covered by this Privacy Policy. If you access other sites using the links provided, the operators of these sites may collect information from you that will be used by them in accordance with their privacy policy, which may differ from ours.

5.5. DATA ACCESS REQUESTS

You have the right to see what personal data we hold about you. Please email us on [email protected] to obtain a copy of the personal information The Fitting Rooms hold on you. Please note that we reserve the right to charge a fee of up to £10 for any such request.

5.6. VIDEO & PHOTO RECORDING

The Fitting Rooms will frequently be taking video and photo recordings on the gym floor for use on our website and social media accounts. If you do not wish to appear in this footage, please get in contact and we will remove all record of yourself.

6. THIRD PARTY LINKS & MERCHANDISE

In order to provide additional related content our website may contain embedded content, hyperlinks and coupons for various third-party advertisers and suppliers. We are not responsible for the content or products of these, or any, third-parties and consequently offer no warranties of any kind nor accept any liability whatsoever in relation to these sites, content or products. By their very nature third-parties are independent to ourselves and neither is able to make representations or legally binding commitments on behalf of the other. When redeeming a third-party coupon you may need to pay VAT or sales tax on the supplier’s website. This depends on the location of the supplier and on your own location and will be stated at the time of purchase.

7. COOKIE POLICY

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymised tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.

8. COPYRIGHT

All materials contained on the Web Site are Copyright of The fitting Rooms. All rights reserved. No person is authorised to use, copy or distribute any portion the website including related graphics. The Fitting Rooms and other trademarks and/or service marks (including logos and designs) found on the website are trademarks/service marks that identify The Fitting Rooms and the goods and/or services provided by The fitting Rooms. Such marks may not be used under any circumstances without the prior written authorisation of The Fitting Rooms.

9. INDEMNITY

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use.

10. BREACHES OF THESE TERMS OF USE

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

11. ASSIGNMENT

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

12. SEVERABILITY

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

13. EXCLUSION OF THIRD PARTY RIGHTS

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

14. ENTIRE AGREEMENT

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

15. LAW AND JURISDICTION

These Terms of Use constitutes a contract made under English law and shall be governed by and construed in accordance with the laws of England & Wales. Questions or comments regarding these Terms of Use should be sent by e-mail to [email protected]

THE FITTING ROOMS

The Fitting Rooms is a business, registered in England and Wales.

1. REGISTERED COMPANY NAME

THEFITTINGROOMS LIMITED

2. REGISTERED COMPANY NUMBER

08655771

3. REGISTERED COMPANY ADDRESS

Flat 4, 42 Harper Road, London, SE1 6AD

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Andrew

Occupation: TV Graphics Producer

“What makes The Fitting Rooms great and draws me back time after time is quite simply the dedicated staff and welcoming environment. I was always quite apprehensive about joining a gym and felt a little intimidated about gym culture. However, The Fitting Rooms is unlike anything I’ve previously experienced. There’s a genuine warmth woven into the fabric of this gym, which helps to create a positive and friendly community. Since I’ve started training at The Fitting Rooms, I’ve felt an increased level of confidence and focus in my life. I always look forward to the next session, knowing it will be challenging and fun.”*