Please read all these terms and conditions.
We provide a monthly subscription and pay as you go service that gives our customers access to our Bootcamp21 fitness sessions in the London area. The Jack Green Fitness / Bootcamp21 website and app is provided by Jack Green Fitness Ltd, via the website my.jackgreenfitness.com. As we can accept your payment for services and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
These Terms and Conditions will apply to the purchase of the services by you (the Customer or you). We are Jack Green Fitness Ltd a company registered in England and Wales under number 09912385 whose registered office is at 122a Nelson Road, Twickenham, TW2 7AY with email address email@example.com; (the Supplier or us or we).
These are the terms on which we sell all Services to you. Before making a purchase on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.
These Terms define your and Jack Green Fitness’ rights and obligations and govern your access to and use of the Jack Green Fitness / Bootcamp21 website, mobile application (such as for iPhone or Android) or content, or products and/or services made available through Jack Green Fitness (collectively, the “Site”). The most current version of these Terms can be accessed at any time at https://my.jackgreenfitness.com/terms-conditions. Changes to these Terms will be notified via posting on the Site (or other written notice to you).
By accessing, browsing, and/or using the Site, you accept and agree to be bound to these Terms. In addition, when using particular membership plans, offers, products, services or features, you also shall be subject to any additional posted guidelines, or rules that are applicable, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.
a) Bootcamp21. Bootcamp21 is our flexible Boot camp exercise class programme, which is run on a daily schedule. Customers may use the Site to register and sign-up to either pay as you go (Block-purchase sessions) or a monthly (fixed fee) membership.
b) Membership Cycles. Your Bootcamp21 membership starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (as defined below). Unless we otherwise communicate a different time period to you at the time of sign up (such as a multi-month commitment plan), each membership cycle is one month in length (a “Membership Cycle”), and will automatically renew each month until your membership is cancelled (by you), or terminated (by us) in accordance with these Terms. For example, if you purchase your Bootcamp21 membership on April 5, your membership will automatically renew on May 5 (see “Billing Cycles” below). Once your new membership cycle starts, you will have access to your sessions for such new membership cycle. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to attend our sessions/classes. We will automatically bill the monthly membership fee to your Payment Method each membership cycle until your membership is cancelled or terminated.
c) Pay as you go. We may offer a number of pre-paid options, including special promotional offers, with differing conditions and limitations. We reserve the right to modify, terminate or otherwise amend our offered pre-paid packages.
d) Membership Plans. We may offer a number of membership plans, including special promotional plans, with differing conditions and limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
e) Availability and Allocation. Jack Green Fitness does not guarantee the availability of particular Venues, locations, or sessions/classes and availability may change over time, including during the course of any given Membership Cycle. Jack Green Fitness determines the type, quantity, allocation and availability of Venues or sessions/classes offered in its sole discretion.
f) Use of your Bootcamp21 membership. Your Bootcamp21 membership is personal to you and you agree not to create more than one account. Members cannot transfer or gift classes to third parties, including other Bootcamp21 members. To use your Bootcamp21 membership you must have access to the Internet. We continually update and test various aspects of the Site. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice.
g) Trial Sessions - Upon registration you are entitled to one complimentary Bootcamp21 fitness session / class. Further attendance at any of our sessions / classes are chargeable at the rates currently set out on the website / mobile application.
3. Billing – Membership Plans only
a) Recurring Billing. By starting your Bootcamp21 membership plan, you authorize us to charge you for your initial membership period and a recurring monthly membership fee at the then current rate. Increases in the current rate will be notified to you by e-mail or other notice (such as when you log into your account).
b) Billing Cycle. When you sign up and purchase your Bootcamp21 membership, your first membership cycle will be billed immediately. Your membership will automatically renew each month and you will be billed on the same date each month (being the date on which you signed up), provided that, where such date does not exist in particular renewal month, your membership will be deemed to auto-renew on the day immediately following the date of expiry of your current membership cycle. For example, if you signed up on January 31st, your next auto-renew date will be March 1st, and payment will be taken using your Payment Method on (or as soon as practically possible) after that date. All membership auto-renews will continue to take place on the new auto-renew date (i.e., in this example, the 1st of each month). Payment will be taken on the effective date of your auto-renew (a “Renewal Date”), provided that, if we are unable for any reason to take payment on a Renewal Date, we will take payment as soon as practically possible thereafter.
c) Refunds. Generally, our fees (including the monthly fee for your membership and any other fees) are non-refundable, except that we will provide a refund to members for their current prepaid period in the following circumstances: (i) if you are cancelling as set forth below or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any class or other services you may have used prior to your cancellation, to the extent permitted by law (such class fee charges not to exceed the cost of the subscription itself) (fees we currently charge can be found here). Any additional discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.
d) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your membership will take effect on your next billing cycle upon notice communicated through a posting on the Jack Green Fitness / Bootcamp21 website or mobile applicable or such other means as we may deem appropriate from time to time, such as email.
e) Payment Methods. You may edit your Payment Method information by logging online and editing it under "My Account" and then "Settings". If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
f) Cancellation [outside of initial 14-day membership period]. You may terminate your membership at any time with at least 5 working days (not including weekends or bank holidays) prior notice ahead of a Renewal Date, by contacting us in order to avoid being charged for the next membership cycle. Following any cancellation you will continue to have access to your subscription through the end of your current prepaid billing period, unless you cancel and receive a refund, in which case your access will be terminated immediately.
g) RIGHT TO CANCEL WITHIN 14 DAY OF INITIAL PURCHASE You have the right to cancel your membership contract within 14 days of your initial sign-up without giving any reason provided you have not attended any of our Bootcamp21 fitness sessions / classes.The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us either at your option, by contacting us via email or postal mail of your decision to cancel this contract by a clear statement. You may use the model cancellation form appended to the end of these Terms at Appendix 1, but it is not obligatory.
Contact us here. The postal address for our registered office is Jack Green Fitness Ltd, 122a Nelson Road, Twickenham, England, TW2 7AY.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this contract within the 14-day cancellation period, we will reimburse to you all payments received from you unless you have requested to begin your membership during the cancellation period. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. If you requested to begin the performance of services during the cancellation period, you shall pay us an amount that is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
4. Other Fees
a) Fees We Charge. Your Bootcamp21 membership fee covers your access to unlimited sessions as explained above. You may also purchase a block of sessions, which are valid for a limited time period (up to 6 months).
5. Termination or Modification by Jack Green Fitness
a) Termination or Modification. You agree that Jack Green Fitness, in its sole discretion and for any or no reason at any time, may (1) terminate, deactivate and/or suspend any account (or any part thereof) you may have with Jack Green Fitness or use of the Site and remove and discard all or any part of your account or any content uploaded by you and/or (2) discontinue, modify or alter any aspect, feature or policy of the Site or your subscription. Jack Green Fitness may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Jack Green Fitness will not be liable to you or any third party for any such termination, provided that, if Jack Green Fitness terminates your account other than due to breach by you of these Terms, Jack Green Fitness shall refund a pro-rata proportion of the fee paid for the membership cycle in which such termination takes effect.
b) Infringing or Fraudulent Activity. Jack Green Fitness does not permit copyright infringing activities and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringes. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement bodies. These remedies are in addition to any other remedies that Jack Green Fitness may have at law.
6. Eligibility; Registration Information and Password; Site Access
a) Eligibility Criteria. The availability of all or part of our Site may be limited based on demographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Jack Green Fitness or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use this Site or to purchase a Bootcamp21 membership. THESE TERMS ARE ONLY APPLICABLE TO USERS IN THE UNITED KINGDOM. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY JACK GREEN FITNESS. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A UNITED KINGDOM RESIDENT, AT LEAST 18 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
b) Subscribing Organisations. If you are using or opening an account on behalf of a company, entity, or organisation (a “Subscribing Organisation”), then you represent and warrant that you are an authorised representative of that Subscribing Organisation with the authority to bind such organisation to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organisation.
c) Account Information. You agree that the information you provide to Jack Green Fitness on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to- date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.
8. Prohibited Conduct
You agree not to: Harass, threaten, disrupt or defraud users, members or staff of Jack Green Fitness or Venues or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment; Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users; Impersonate another person or access another user’s account without that person’s permission; Share Jack Green Fitness / Bootcamp21 issued passwords with any third party or encourage any other user to do so; Attend classes using your own membership, including other members; Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights; Upload material (e.g. virus) that is damaging to computer systems or data of Jack Green Fitness or users of the Site; Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content.
9. Prohibited Uses
Those who choose to access the Site do so at their own initiative and are responsible for compliance with all applicable laws. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorised access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Jack Green Fitness reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Notices will be sent to you at the email address that you provided to Jack Green Fitness during the registration process. Notices may be sent to us here. Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received. Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.
ATTENDANCE AT OR USE OF ANY JACK GREEN FITNESS CLASSES, SESSIONS, ACTIVITIES, OR OTHER PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL JACK GREEN FITNESS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN A CLASS, SESSION, SERVICE, PRODUCT OR APPOINTMENT MADE THROUGH THE SITE. UNLESS OTHERWISE EXPRESSLY STATED BY JACK GREEN FITNESS, THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. UNLESS OTHERWISE EXPRESSLY STATED BY JACK GREEN FITNESS, JACK GREEN FITNESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (1) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (2) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. 1
13. Limitation of Liability and Damages
NOTHING IN THESE TERMS (INCLUDING BUT NOT LIMITED TO THE “DISCLAIMERS” ABOVE AND LIMITATIONS OF LIABILITY BELOW) IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY THAT WE MAY HAVE TO YOU BY OPERATION OF APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION. IT IS ACKNOWLEDGED HOWEVER, THAT WE ACCEPT NO LIABILITY FOR THE NEGLIGENCE OF THIRD PARTIES, INCLUDING ANY STUDIO WHERE YOU MAY REDEEM ELIGIBLE CLASSES. ADVICE ABOUT YOUR LEGAL RIGHTS IS AVAILABLE FROM YOUR LOCAL CITIZENS' ADVICE BUREAU OR TRADING STANDARDS OFFICE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL JACK GREEN FITNESS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH JACK GREEN FITNESS, EVEN IF JACK GREEN FITNESS OR A JACK GREEN FITNESS AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, JACK GREEN FITNESS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Venue Waivers and Terms
Members taking classes / attending sessions are deemed to agree to the liability waivers of individual Venues. Your participation in any class or service may be subject to addition policies, rules or conditions of the applicable Venue and you understand and agree that you may not be permitted to reserve or attend classes / sessions if you do not comply with these Terms or the policies of the Venues. If you have questions about a Venue’s waiver or other terms, please see the applicable Venue’s website or contact the Venue directly.
15. Dispute Resolution
Generally, if a dispute arises between Jack Green Fitness and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Jack Green Fitness agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
a) Choice of Law; Forum. These Terms shall be governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Jack Green Fitness must be resolved by a court located in the United Kingdom, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the UK for the purpose of litigating all such claims or disputes.
b) Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
c) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
d) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
e) Entire Agreement. This (including the documents referred to herein), as each may be amended as set forth herein, is the entire agreement between you and Jack Green Fitness relating to the subject matter herein.
f) Disclosures. The services hereunder are offered by Jack Green Fitness Limited, a limited liability company incorporated and registered in England and Wales with company number 09912385, whose registered office is located at: 122a Nelson Road, Twickenham, England, TW2 7AY.
Appendix 1 (Model Cancellation Form)
(Complete and return this form only if you wish to withdraw from the contract)
To: Jack Green Fitness Limited, whose registered office is located at: 122a Nelson Road, Twickenham, England, TW2 7AY. Contact us here.
I hereby give notice that I cancel my contract for the supply of the following service: the Jack Green Fitness / Bootcamp21 membership.
Ordered on [*]
Name of consumer: [*]
Address of consumer: [*]
Signature of consumer: (sign only if this form is notified on paper instead of via electronic