YOUR TERMS AND CONDITIONS
Dynamic Fitness Circle Memberships and activities are provided by DFC (Dynamic Fitness Circle).
These terms and conditions (“Terms”) set out the agreement between DFC (“Us”, “We”, “Our”) and You when You pay for a Membership with Us and/or use Our Websites. You are advised to read these Terms and rules carefully. By continuing with Your application and whenever You use Our websites or other platforms, You confirm that
You understand and accept all of the Terms below and you will adhere to any rules. Acceptance of Your application and any subsequent withdrawal of Membership are at Our absolute discretion.
By agreeing to these Terms, You acknowledge and agree that in entering into this agreement You are not relying on any promise, assurance, statement, representation, warranty or understanding except as expressly provided in these Terms.
Where a Term is generic this applies to all clients, however some of the Terms and Conditions will only apply to specific members, memberships or events and may not be relevant to all clients.
DEFINITIONS AND INTERPRETATION
A non-refundable fee in the event You cancel Your booking, or You fail to show up for Your event
A Member or guess that pays full price for a event, classes or activities on an “as and when” used basis but may book activities in advance
An administration fee of £5 is applicable to Contracted Memberships or Guess Clients. There are NO refunds for daily classes
Means the date on which Your Membership starts or the date your activities is booked for.
Contracted Annual Membership
A Member who pays for a 12 month Membership in one annual lump sum
Contracted Monthly Membership
Member who pays for a 12 month Membership monthly in advance by subscription on a monthly basis
Cut Off Date
Cut off Date refers to the last date that changes will be accepted to make changes to your next subscription
Cooling Off Period
Means 14 calendar days from the date and time You purchase any goods or services from Us online (including but not limited to Memberships and products) This is not applicable to one off guess purchase.
Data Protection Legislation
Means significant illness (which prevent you from the use of your Home Facility), significant injury (which precludes you from the use of your Home Facility), loss of livelihood, change of principal place of work or home (where you could not reasonably be expected to use Your Home Facility or an alternative Home facility) or any other circumstance You can evidence to our reasonable satisfaction to be exceptional and require early termination of Your Membership. Do not applies to Guess users
This will be the place you choose to do your workout. This could be a Park, Your Home, Office or areas base on your decision to carry out any activities provided by DFC or our other online platforms. During which you have use your own faculties to evaluate it as being safe and secure to carry out any of our exercises, activities or online events, or by any other means, You have deemed this facility to be safe and secure and suitable to be used. DFC will not be liable for you using any facility in this regards or by any other regards.
A one off fee paid on some memberships where applicable
“You” – whichever Membership Option that You have selected, You are a valid Member so long as You pay the Fees that are due on time and You adhere to the Terms and Conditions and facility and / or activity rules. ‘You’ also applies to any individual whose in your care or behalf of anyone you are inviting to take part of any activities with us.
On-going or upfront amounts payable for Membership, Yearly, Monthly, Daily, Paid in Full or via subscriptions.
Late Cancellation Charge
A charge made for cancellation made less than 2 hours before the activity start time. Note there is no refund for Guess who books daily classes purchase on the day. All clients have the rights and responsibility to login into their account and re-book or cancel their ticket at least 12 hours before the event date.
Membership Portal or Home Portal
Where You can access details of Your Membership online via the my account button for clients at Https://dynamicfitnesscircle.com
Monthly Prepaid Member/Membership
A Member who pays for their Membership monthly in advance by subscription
No Show Penalties
A charge made for failing to cancel an activity before the 12 hours period and not attending the activity
Pay & Play Member/Membership
A Member who holds a Membership and pays for activities on an ‘as and when’ basis, some of which will be discounted
Pro Rata Fee
A proportion of the Fee paid in advance before your first subscription for some memberships
Each client should ensure that they have the right equipment to participate in the activities that they have chosen.
- If Your application for Membership is accepted, Your Home Facility will automatically be assigned as defined above. It is Your responsibility to check that the location is safe and secure for the purpose of taking part in the activities you have chosen or purchase from our schedules of activities.
- Your Membership will not be valid until and unless You have had Your photograph recorded on our systems within 14 days of registration; this is to prevent fraud, misuse and abuse of Membership benefits
- Where a trial or discounted Membership is purchased such as concessionary, corporate, disability, joint or age related, proof of eligibility is required prior to Your first use;
- Any offers made or discount code issue is for that promotional period and cannot be exchange for another date, time or use in conjunction with any other promotion or period
- All trial membership will be for one day or as otherwise set-forth by DFC
- Your Membership is non-transferable. You must not allow anyone else to use Your, Membership. If You allow Your Membership to be use by anyone without our approval, Your membership will be cancelled without refund of any Fees or Activation and/or Joining Fees; no further or future applications for Membership will be accepted for a minimum of 3 months.
- Should You realise that your membership login details has been taken or compromise, You must inform DFC as soon as possible via telephone 07709520537 or email email@example.com. DFC will not be liable for damages caused and you could be liable for damages cause should you fail to follow our terms and condition.
- Use of the online facilities must always be in accordance with Your Membership. You are required to pay for and have a valid ticket for all activities in which You participate in that fall outside of Your Membership Option such as our outdoors or studio activities.
FEES AND PAYMENT
- A non-refundable one off Joining Fee is payable on some Memberships (unless waived as a promotional offer)
- Unless in accordance with the suspension of Membership or where a Membership has been cancelled in accordance with these Terms, Your Fees shall remain payable throughout the Membership period irrespective of Your use of our website or platform.
- We operate a Cooling Off Period on all Memberships purchased online (7 days). This means that if you change your mind and for any reason decide that You do not want to continue with your Membership, You can notify Us of your decision to cancel within 7 days of applying and We will not charge you.
- All joining and fees paid in advance will be refunded, providing that you have not waived your right to cancellation by receiving Membership benefits during this period.
- You will need to purchase a new Membership in order to continue using the facilities if your existing Contracted Membership expires without a renewal being put in place, or if any due payment is missed for any Pre Paid Monthly Membership Such new Memberships will attract the usual Joining Fee and/or Advance payment charges where applicable
Monthly Prepaid Membership and Contracted Monthly Membership
- Where You join as a Monthly Prepaid Member or Contracted Monthly Member You must pay using our online subscription platforms.
- Monthly subscription are full binding between Us and You and will automatically continue until You notify Us in writing
- Failure to make any due payment will initially result in the Membership being suspended and admission to all relevant facilities will be denied until all outstanding payments have been made. We retain the right to recover all outstanding balances including Activity Fees. (Does not include pay as you go membership or one of payment)
- All Membership prices are reviewed from time to time or at least once per calendar year. If Your Fees are paid by subscriptions and are due to be changed, We will notify You at least 14 working days in advance by email and/or by SMS
GENERAL CONDITIONS OF USE
Use of any of website or platforms and activities is subject to:
- Your adherence to the above Rules and any other rules pertaining to that activity or electronic facility or event venues
Availability of the activity programme online or otherwise.
- This will vary from day to day and at various times. Our programmes often include exclusive sessions for beginners only, for experienced users only, for women only, for children only, for people with disabilities only, for religious people only and for older people only as well as for special events and activities. You are deemed to understand that this may restrict Your use from time to time and that no financial adjustment will be made to Your Fees
The safe capacity of Your home facilities to include venues
- You will wear attire appropriate to the activities
- Our admin platform facilitators have the right to refuse admission, ask You or a member of Your party information online or via any other suitable portal and remove you from any of our activities
- Such action may be taken where You or another member fails to observe any of these Rules and conditions
- We may sometimes need to postpone, alter, cancel or introduce new activities temporarily or permanently at any time for any reason, including in response to customer feedback.
- Where reasonably possible, we will send you an email advising You of the change at least 1 day beforehand. Your Membership will generally provide You with access to more than one activities or platform which will enable You to select an alternative.
- We will not reduce or refund any Fees because of or in response to such unavailability of activities, whether or not this is due to the programming of activities or classes, our website or platforms.
- Where You have paid in advance and are due to attend a class or activities, we will give you the option to change your date or choose an alternative activity.
- Your Health is your Responsibility. Exercise carries its own risk, and you should therefore never exercise beyond your ability. If you have any doubts as to your fitness, or you have any medical conditions that may affect your safety through exercise, you should seek advice from your doctor before partaking in the activity.
When joining online, you made the following statement concerning your health:
- I wish to embark on a programme of physical activity and confirm that I do not have any health conditions which may prevent or adversely affect my participation in the exercise programme. If my health status changes, I will seek guidance and clearance to exercise from my General Practitioner or other relevant heath professional before participating any further in the physical activity conducted by DFC or its affiliates.
- You must not partake in activities held y DFC or its affiliates when under the influence of alcohol or illegal drugs
- You are not authorise to use photographic or recording devices at any time during DFC activities and your are not authorise to share any activities by DFC online or with any social networks, families, friends, newspapers or media outlets.
- During any our doors or indoors activities, studio filming or exercising activities held by DFC You are not permitted to smoke, vape or use e-cigarettes, consume alcohol are on the premises or in the immediate vicinity
ACTIVITIES & CLASSES – BOOKINGS PAYMENTS & CANCELLATIONS
- You are encouraged to make your activity bookings online; however we do have a direct bank payment facility in use. It is advisable to book these activities in advance in order to secure Your place and to be allocated by our online facilitators. You can register and book online through our website dynamicfitnesscircle.com
- Depending on Your type of Membership, some activities will be included and be free of charge (“Included Activities”) and some will not be included and will be chargeable (“Non-Included Activities”)
- All bookings must be made using the name of the account holder or by using the user name on your account so that you can be identified on our platforms or website by online facilitators. Bookings are not transferable between clients
BOOKING AND PAYMENT
For all Bookings by all customers, this rules applies
- All bookings for activities NOT included in Your Membership must be paid for at the time of booking. The Activity Fee is non-refundable in the event You cancel Your booking, or You fail to show up for Your activity. If You arrive late for Your booked activity, online facilities has discretion to refuse You access depending on the activity booked. All activity sessions include an element of online payment, booking verification and online safety acknowledgement
Contracted Annual, Contracted Monthly & Monthly Pre Paid Members
- As a prepaid Member, You may make single activity online bookings via Website 14 – 30 days in advance.
- If as a Guess member, You can register an online bookings up to 14 – 30 days in advance and up to 1 hour before the event.
BOOKING CANCELLATION TERMS
- To cancel a booking We recommend that You go online to dynamicfitnesscircle.com and cancel Your booking there. If You are unable to cancel online, Alternatively you can cancel Your booking via the App. (App TBC)
- The Late Cancellation Charge and the No Show Charge are chargeable where the cancellation conditions set out below are not met. Each of these charges is currently £2 and none refundable for one off booking. Subjected to review from time to time
- Any Late Cancellation and No Show Charges will be noted and will be added to your account as owed. Your ability to use Our platforms or make further bookings will be managed on those fees and the relevant action will be taken.
Activity Terms and Conditions
- You must comply with all our Activity Terms and Conditions
- Physical activity or exercise is undertaken at your own risk. If you have any concerns about your health or suitability for your chosen activity you should seek guidance from Doctor or relevant health professional before participating.
- Bookings are valid for the named person and member of the same household who at the time is in the same house-hold at the time of the event. Your membership is non-transferable and non-refundable once the purchasing process is complete.
- If fail to attend or cancel less than 12hrs prior to the start of your booking you may incur a penalty charge
- You must not go from one program/event/class/activity to another. You need separate bookings and you must exit and re-enter using the approved routes. This may not apply to some memberships
- Listen to our online facilitators at all times and follow their instructions.
- Have drinking water, towel and mat were applicable.
MAKING CHANGES TO YOUR MEMBERSHIP
- You can change or modify Your Membership details to keep it up to date. You can access Your own membership area via the Membership Portal through our online member services.
- It is Your responsibility to keep your records safe and not to share your details with anyone.
- Should You wish to change Your bank details, You should contact DFC at firstname.lastname@example.org
- If You ask Our staff to update the details of Your Membership or a membership for which You pay, including bank account details, You will be required to provide proof of Your identity before any changes can be made
- For some Memberships type you are able to purchase additional activities at a reduced rates
- You can apply to change Your Membership type at any time.
- Any requests for refunds will be dealt with in line with Our refund policy
Cancellations – Contracted Annual Members and Contracted Monthly Membership
- If you do not renew Your Annual Membership Contract before it expires, it will automatically terminate at the end of the term and a re-joining fee may be payable if you wish to subsequently re-join.
- If you do not cancel your Monthly Membership Contract at least one week before it expires your membership will be automatically renewed on a rolling contract basis until you cancel by giving us one week notice. No refund will be given and Your agreement will run until the end of that period.
- You may only cancel an Annual Membership Contract or Monthly Membership Contract during a Membership period only if Exceptional Circumstances apply
- If You do cancel a Monthly or Annual Membership Contract because of Exceptional Circumstances, You will be charged at the Monthly Prepaid Membership rate for the used portion of the membership (prior to giving Us notice of cancellation) plus the Cancellation Fee. (Annual Memberships only) Monthly Membership contract will not be charge a cancellation fee
- Failure to pay the Annual fee for a Annual Membership Contract will be deemed to be a cancellation of Your membership and the cancellation terms will apply. Annual fee will be a 30 days prepaid cost from the notification of cancellation
Monthly Prepaid Members
- You may cancel Your monthly prepaid Membership with Us by providing Us with minimum of 1 weeks’ notice. The actual notice period depends on the date in the month on which You provide us the notice date. Notice can be given by by completing a cancellation form online at dynamicfitnesscircle.com
- All cancellations made prior to the relevant Cut Off Dates will be effective prior to the date the next SUBSCRIPTION collection is due and no further collection will be made. Cancellations received after the relevant Cut Off Dates will result in one final SUBSCRIPTION being collected on the next subscription due date (notice period of minimum 1week). Members are also required to cancel their SUBSCRIPTION INSTRUCTION with their bank after the last payment has been debited, to fully complete the cancellation process. We will not refund monies collected because of Your failure to cancel Your subscription at the bank.
- Where a Month In Hand payment exists, you will be entitled to use Your membership at the point of cancellation based on your selected memberships
Suspending Your Membership
- You may request that We suspend Your Monthly Prepaid Membership if You are temporarily unable to continue participating for medical reasons. We may require reasonable evidence to support Your request. If We agree to Your request, We will activate the suspension from the date We receive that evidence. You must notify Us in writing when You wish Us to re-activate Your Membership.
- You may request that We suspend Your Annual Membership Contract or Monthly Membership Contract if You are temporarily unable to continue participating for medical reasons. We may require reasonable evidence to support Your request. If We agree to Your request, We will activate the suspension from the date We receive that evidence. You must notify Us in writing when You wish Us to re-activate Your Membership.
- We will consider suspending Your Membership for non-medical reasons. You must do so in writing at email@example.com
DFC RESPONSIBILITies TO YOU
We want You to enjoy peace of mind with Your Membership and Your wellbeing is of our key importance. We will compensate You for any foreseeable loss or damage You may suffer if We fail to carry out Our obligations under these Terms or to a reasonable standard, or if We breach any duties imposed upon Us by law (including if We or Our employees, sub-contractors or agents cause death or personal injury to You by Our negligence) unless that failure is attributable to:
- your own fault;
- a third party unconnected with Our platforms or websites; or
- events which We could not have foreseen or prevented even if We had taken all reasonable care
- We shall not be liable for any damage to, loss, or theft of personal property belonging to You, (or any of Your guests) at Our venues or events, except to the extent that any such loss, damage or theft of personal property is as a result of Our negligent action or omission, in which case Our liability to compensate You shall be limited to a reasonable amount
Your responsibility to DFC
- By using any venue, platform or website, You are deemed to be fit and able to participate in the activities offered.
- Where You are taking part in any physical activity You are responsible for monitoring Your own physical condition throughout Your use of Our platform, venue or websites. In the event of any unusual symptoms occurring, You should inform a member of staff immediately. A member of staff or facilitators is always online during any activities.
- Our activities are most base online and You must not use equipment in any manner which constitutes a health and safety risk either to Yourself or to others. We are not responsible for any injury or loss You suffer as a consequence of misuse of any equipment, or of any health condition that You may have (except where Our negligence causes personal injury)
- These Terms may be reviewed and/or altered at any time. We will use reasonable endeavors (email, SMS, telephone) to inform Members of any significant changes to the Terms as far in advance as possible with notice of any significant change such as website and platform changes and Fees. It’s the responsibility of all Members to keep their contacted details up-to-date
- We reserve the right to reject any Membership at Our absolute discretion or withdraw any Membership if You fail to comply with these Terms and Conditions. Refunds will not be given where the Member is in breach of these Terms
- These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of origin of our members but also according to the law of the event or activities.
- If any court or competent authority finds that any provision contained in these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected
- No failure by Us to enforce any provision in these Terms shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver
- A person who is not a party to these Terms shall not have any rights under or in connection with them.