Please read the Terms and Conditions (Terms) carefully as these Terms constitute my legal contract with you. By booking classes, courses or workshops with me (Sessions) or purchasing a membership you are confirming you have read the Terms and agree to be bound by them. Please also refer back to these Terms from time to time as they may change (and I reserve the right to do so). 

In these Terms: 

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We, us, our means Alan Joseph O’Neill & subcontractors trading as Move With AJ. We supply all Sessions subject to these Terms; and 

you, your, yours means you, the client. 

 

1 IMPORTANT INFORMATION ABOUT DATA PROTECTION

The nature of our business and the provision by us of Sessions to you means that we will collect and process certain of your personal data from time to time. We will only do so in accordance with our Privacy Notice, which you can read on our website 

 

2 HEALTH AND SAFETY

Many of our Sessions involve strenuous physical activity and we recommend that you seek medical advice before attending or participating in a Session (including online). For your own safety and the safety of others we rely on you participating in our Sessions (including online) in the intended manner and your acceptance of these Terms constitutes your confirmation that you will do so, that you will comply with our reasonable instructions in relation to your participation in a Session and that you agree to the content of our Health and Safety Statement, a copy of which you can view here.

 

In common with many businesses, we have had to make changes to the way we operate during the current COVID-19 pandemic, and further details are set out in our Covid Policy, which forms part of these Terms. You can view our policy here. To the extent our Covid Policy is inconsistent with these Terms then our Covid Policy will take precedence over these Terms.

 

3 SESSIONS

A) Our Sessions include Personal Training Sessions, Classes and Workshops (each as described further on our Website) designed to be available online, including live stream classes and on-demand classes. In-person classes will resume when Covid safe ways to do so have been reestablished. 

 

B) In booking a Session you agree to comply with any additional rules we may make known to you in relation to the Session from time to time. We reserve the right to inform participants of new, reasonable rules at any time. 

 

C) All Sessions and instructors are subject to change from time to time, even after you have booked. We will let you know about any changes as soon as we can, either via email or SMS. Refunds for cancellations will be available until 24 hours before booked sessions as stated on the website. Bookings are non-transferable. 

 

D) Access to our Sessions and any other goods and services we may supply from time to time is at our discretion and we reserve the right to refuse you access to any of the same, or to suspend or otherwise terminate your access if we consider that you are in breach of these Terms, the Session Rules or your behaviour in or out of class is inappropriate, aggressive, rude, threatening or otherwise damaging to our customers, staff or our reputation more generally.  If we do so you will not be entitled to any refunds whatsoever.

 

4 DIFFERENT TYPES OF MEMBERSHIP

We offer the following different types of membership, which offer you different ways of paying for Sessions (please also see section 7 below for details of payment methods):

Pay-as-you-go You can purchase individual Sessions on a pay-as-you-go basis. The drop-in rate for each Session is set out on our Website.

 

Monthly Package You can purchase a monthly discounted package which allows you live access to a specific Zoom class eg Diva Sweatfest or live access to all classes within the set period (one month for this initial lockdown period for example). Details of pricing are available on the website. These discounted subscriptions are non-refundable and are non-transferable. 

 

AJ On Demand - these subscriptions will be available soon and allow subscribers access to access classes whenever they want whilst their subscription is active. It is breaking the terms of your subscription to share login details and, if flagged, your subscription will be canceled without refund. 

 

From time to time we may offer promotional pricing or other offers, and any credits purchased in this way may have a shorter expiry time. This will be set out in full on our Website and will be confirmed to you at the point of purchase. 

 

5 PAYMENT TERMS

 

A) Pay-as-you-go and Packages. You can pay using any of the following methods: (i) using your credit or debit card or PayPal via our online checkout process; All pay-as-you-go and Package purchases cannot be transferred to any other person.

 

6 BOOKING SESSIONS

A) All Sessions must be booked and paid for online to secure a place 

B) Your booking on a Session is only confirmed once you have received an email confirmation from us with a Zoom link or other relevant details. Please make sure you receive a booking confirmation before you attend the Session. If you do not receive a confirmation please contact us by phone, e-mail or message. We are not liable for client no shows where we have not been informed in reasonable time that you have not received the relevant information and therefore had time to fix the problem. 

 

C) Please refer to our Website for Session availability. Sessions may be booked up to 28 days in advance.

 

7 CHANGING OR CANCELLING YOUR BOOKINGS AND NO SHOWS

A) You may change or cancel your booking for a Session, without charge, up to 24 hours before the start of the Session that you have booked. You will be refunded the cost of your booking 

 

B) You are not entitled to change or cancel your booking for a Session or otherwise elect to receive a refund for the Session (including for a no show) within 24 hours of its scheduled start time.

 

8 LATENESS POLICY

In line with our cancellation policy, you will not be refunded for Sessions you are unable to attend because you are late.

 

9 IF WE CANCEL YOUR BOOKING

In the event that we cancel a Session that you have booked, we will make reasonable efforts to contact you by email or telephone to let you know. We will offer you the option of being transferred to another equivalent Session at an alternative date and time (subject to availability). Where you have purchased a Session on a pay-as-you-go basis, we will refund your card if no transferral is possible. 

 

10 LIABILITY

We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable, or for loss or damage which is your own fault or which is attributed to a third party unconnected with the provision of our services. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your order.

We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law.

 

11 MEMBERSHIP FEE CHANGES

We reserve the right to review and change membership fees and Session fees periodically. If you have purchased a Monthly Subscription or Unlimited Membership, once your initial 3 month minimum subscription period has come to an end, if you choose to continue with your membership (i.e. by continuing on a rolling monthly basis), the membership fee will be charged at the rate prevailing per month for monthly rolling contracts.

 

12 PROMOTIONAL OFFERS

From time to time we may run various promotions, prize draws and other offers (each a Promotion). We may implement separate terms and conditions in respect of any such Promotion, and will advise you accordingly where this is the case. However, notwithstanding this:

A) we reserve the right to end any promotion without warning at any time;

B) we also reserve the right to withdraw your right to any Promotion if we consider, in our absolute discretion, that you have abused, misused or gained an unfair advantage in respect of the Promotion. Misuse includes, but is not limited to, multiple entries and self-referral; 

C) additionally, we reserve the right to not fulfil any future Sessions bookings made by any customer found to have abused, misused or gained an unfair advantage in respect of the Promotion; and 

D) any prizes offered by us in connection with a Promotion must be claimed within 21 days of the announcement of the winners. We have 45 days to issue any such prize. We reserve the right to substitute any prize or promotion for the equivalent value in Sessions.

 

13 DISCOUNT CODES

From time to time we may make discount codes available to you, and your use of any such discount codes shall be subject to additional terms and conditions, which we will make you aware of at the time of use. Discount codes may only apply to certain Sessions and we will set this out in our applicable promotional communications. In the event that Sessions booked using a discount code are cancelled, the relevant Session will be cancelled in accordance with the terms of section 9 above. In addition:

A) we reserve the right to end or withdraw any Discount Code without warning at any time;

 

B) we also reserve the right to withdraw your right to use any Discount Code if we consider, in our absolute discretion, that you have abused, misused or gained an unfair advantage in respect of the Discount Code; and

 

C) additionally, we reserve the right to not fulfil any future Sessions bookings made by any customer found to have abused, misused or gained an unfair advantage in respect of the Discount Code.

 

14 HOW WE CAN CONTACT EACH OTHER

By you: Any written notice, enquiry or feedback should be provided using our Contact Form, which can be found on our website. You may change or cancel a Session booking by phone or email. 

By us: We may contact you using any of the contact details you provide to us when you sign up to our mailing list, which may include via telephone or text message. Our Privacy Notice (which you can access following the link set out above) sets out how we may process your personal data, which includes the contact details you provide to us.

 

15 FORCE MAJEURE

We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms if the delay was due to any cause beyond our reasonable control, including, but not limited to, acts of god, terrorism, explosion, flood, storm, fire, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. system failures, viruses, pandemic, epidemic, civil emergency or other widespread illness, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.

 

16 WAIVER

No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.

 

17 SEVERABILITY

If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.

 

18 ENTIRE AGREEMENT

These Terms together with our disclaimer and any policies we have in force from time to time constitute the entire agreement between us and you and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between us and you.

 

19 THIRD PARTY RIGHTS

These Terms constitute a contract between you and us. No other person shall have the right to enforce any of these Terms.

 

20 GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit the exclusive jurisdiction of the English courts.

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