Terms & Conditions
Body Happy Ltd classes and instruction is designed to help you reach your health and fitness goals. Information provided through Body Happy Ltd does not purport to be and must not be taken as medical advice, therefore, before starting any exercise regime you should consider consulting your doctor, especially if you have any medical condition(s) or are taking medication, are pregnant or have any related concerns. If you have asthma, diabetes, a heart condition, growth condition, recovering from Covid or have experienced chest pains or dizziness in the last month, we strongly advise you NOT to participate in any of the live or video-on-demand classes, activities and any other products and/or services which are provided by third party trainers via our classes (the “Session(s)”). By using the Body Happy Ltd classes, you recognise that there is always an element of risk involved with any physical activity and your attendance at or participation in any Session is solely at your own risk. If at any time during a Session you feel discomfort or pain, you should cease the exercise and seek medical assistance as required. Your participation in these Sessions are entirely voluntary and you may opt out at any given time if you so wish. You agree that Body Happy Ltd will not be liable to you and/or any third party for or in connection with:
1. losses not caused by our breach of these terms and conditions; or 2. any consequential or incidental losses which are a side effect of the main loss or damage and not reasonably foreseeable by us and you at the time of entering these terms and conditions.
Body Happy Ltd and its affiliates do not exclude or limit in any way its liability for: 1. death or personal injury caused by our negligence 2. fraud or fraudulent misrepresentation; and 3. breach of the terms implied by applicable consumer protection legislation in England and Wales (to the extent they cannot be excluded by law). Body Happy Ltd cannot accept any liability for the actions of third-party trainers or any breach by them of the terms of their service to you. Body Happy Ltd will not be liable for any injury, loss, claim, damage or any special, exemplary, punitive, indirect or consequential damages of any kind, which arises out of or is in any way connected with your attendance at or participation in any Session.
1. The Studio and Club
1.1 “Body Happy” is any centre managed by Body Happy Ltd
2. BODY HAPPY LTD
2.1 Registered in England No. 10614059; Registered office – Kingsway Court,
Second Avenue, Hove, BN3 2LP
3. ACCEPTANCE OF MEMBERSHIP
3.1 Acceptance of a membership application by a potential
member is at the sole discretion of the Body Happy. Proof may be required of
any information given in the application. Fraudulent information given could
result in the cancellation of all membership rights and lead to payment of all
monies due to Body Happy. Upon acceptance membership of the Studio shall
commence upon receipt of the joining fee, and respective membership dues.
3.2 Acceptance by Body Happy of an application for
membership of the Studio shall constitute a legally binding agreement between
the member and Body Happy, and the member agrees to be bound by rules,
regulations and bylaws of Body Happy which are in force at the time. All
categories and types of membership shall be subject to these Terms &
3.3 The member has the right to cancel this agreement by
providing Body Happy with written notice within 14 days of receipt of this
agreement. Body Happy shall refund in full all initial monies paid. In no other
circumstances will fees be refundable.
3.4 If Body Happy accepts the membership application,
membership of the Facilities by the applicant shall commence upon the “Start
Date” shown on the membership documentation. The initial contract length for membership is 6 months from ''start date''.
person agreeing to the Membership Application shall be at least sixteen years
of age or if the member is less than sixteen years of age the Membership
Application shall be countersigned by a competent adult who agrees to take
responsibility for the membership.
3.6 Members are required to give written notice to Body
Happy of any changes to contact information. We will assume that all
correspondence sent by us has been received within 5 working days of mailing
3.7 You can transfer to different levels of membership.
Maximum 1:1 sessions per membership are as follows: Develop; 5 training
sessions per month, Grow 2; 9 per month, Excel; 14 per month. These are not
able to be carried over from previous months, however if you find that you
would like additional training, but on a short-term basis, these can still be
paid for separately.
4. LIMITATION OF LIABILITY
4.1 Unless by any negligence or breach of duty by Body
Happy, the member is responsible for any loss, theft, injury or damage to
4.2 Body Happy only accepts liability for death or personal
injury to the extent that it results from negligence by Body Happy Ltd.
5. PHYSICAL HEALTH OF MEMBER
5.1 The member warrants and represents that they are in good
health and are not knowingly incapable of engaging in the classes they attend
or the exercise programmes they follow and such classes and exercises would not
be detrimental to the health, safety, comfort, wellbeing or physical condition.
If in doubt the member should consult their GP.
5.2 The member is responsible for monitoring their own
physical condition and should any unusual symptoms occur they must immediately
inform their instructor or a member of staff and refrain from further
participation in the class or exercise.
5.3 Anyone using the facility for fitness related activities
agrees to our Health Commitment (see link on website)
6.1 Members cannot sell, assign or transfer their
6.2 Body Happy may assign the rights, obligations and
benefits of this agreement to another organisation. Members will be notified in
advance of any such assignment. Members rights will not be affected.
7. MEMBERSHIP FEES
7.1 Membership Fees must be paid in advance monthly. The
Monthly Membership Fees must be paid by Direct Debit on or the ‘start date’ of
7.2 The member shall be given not less than 30 days written
notice of any change in the Membership Fees. Upon the expiry of such notice
period, if the member does not wish their membership to continue at the
increased monthly membership Fee, the member shall be entitled to cancel their
membership, following the standard cancellation process shown in clause 8.1,
without incurring any further charges after the date of cancellation.
7.3 Body Happy may from time to time, carry out membership
fee pricing reviews based on UK economy vs cost of providing services and UK
RPI. Body Happy shall be entitled to change the Membership Fee at any stage
during the Term of the membership with relevant notice (being not less than ten
days) given before any changes take place but no more than 1 [one] increase per
calendar year. Should a rise in fees be deemed applicable, the member will be
informed prior to any changes taking place.
7.4. An administration fee of £25 may be payable to set up the
Direct Debit, and new member activities and this fee will be non-refundable.
8. CANCELLATION/SUSPENSION OF MONTHLY ROLLING CONTRACT
MEMBERSHIP BY THE MEMBER
8.1 After the period of 6 months (Initial term), the member may terminate membership by making one
further direct debit payment after the date of written instruction to
terminate. 30-days written notice of cancellation to be sent to Jenny Day, at email@example.com or in writing to
Jenny Day, Body Happy Studio, Kingsway Court, First Avenue, Hove BN3 2LR. The
final direct debit payment entitles the member to use the Centre to the end of
that calendar month/a 4 week period post
direct debit date
8.2 The member is responsible for cancellation of the direct
debit with their bank.
8.3 During the term of the membership, a member may, at the
discretion of Body Happy, place the membership on `freeze` for a one-off period
of one to six months. 30-days written notice of ‘freeze’ to be sent to Jenny
Day, at firstname.lastname@example.org or in
writing to Jenny Day, Body Happy Studio, Kingsway Court, First Avenue, Hove BN3
8.4 The member is responsible for cancellation of the direct
debit with their bank.
8.5 Where a Direct Debit has failed or a member has
purported to have cancelled their membership without prior agreement, the
membership shall be suspended until payment is received. Any member who falls
behind in payment for more than 1 [one] calendar month will forfeit his/her
membership and subsequent re-instatement of the membership will be subject to
the outstanding current membership fees applicable at the date of
8.6 Refunds may be given at discretion of the Body Happy
management. A refund will be calculated by calculating how many sessions you
have had that month/block. These sessions will then be charged for at the rate
of a single personal training session. The money left will be refunded.
8.7 Body Happy requires a minimum of
24 hours’ prior
notice of any cancellation of any bookings. This can be made
directly to your instructor or to 01273 916900 if you do not provide a minimum of 24 hours’ prior notice, you may lose that
session, no refund will be made or session ‘made up’.
8.8 Any rearranged cancelled session will be made between
you and the therapist or trainer trainer and mutually agreed.
8.9 If your therapist or trainer fails to give you 24 hours’
notice of any cancellation you will be entitled to the session. This does not include sessions
that are covered by our team of instructors as your booked session will have
9. TERMINATION OF MEMBERSHIP BY BODY HAPPY
9.1 Without notice and with immediate effect Body Happy may
cancel membership if the member’s conduct may be injurious to the name,
character or interests of Body Happy or such that it renders the member unfit
to associate with other members or use the facilities of the Centre. If the member repeatedly fails to adhere to the safety and cleanliness policies of Body Happy the membership may be cancelled. No refund
will be due to the member.
10. GENERAL FACILITIES
10.1 Certain categories of membership do not include rights
to use all the facilities. Facilities not included may be provided at an
additional charge at the standard Casual Fee. Details of the facilities
included in each category of membership are available on the Body Happy’s membership pages.
10.2 The cancellation policy may change from time to time,
notification of any change will be displayed in the centre and on the
10.3 Body Happy reserves the right to make alterations to
the type of Facilities provided on reasonable notice to members and Body Happy
shall not be liable for any inconvenience caused by such alterations. If such
alterations are made which would inhibit or stop any member from continuing
their use of the Facilities, they will be entitled to cancel their membership
by providing written notice to the Company.
10.4 Details of the Facilities` current opening hours are
displayed on the Facilities website. Body Happy may sometimes need to change
opening hours. If Body Happy needs to do this it will, where reasonably
possible, display notices at the Facilities notifying members of the change.
Body Happy shall endeavour to give two weeks prior notice of the change in
opening times but, where this is not possible, it will endeavour to give
reasonable notice of such changes. If Body Happy makes a significant change to
the opening hours [not including important maintenance closures or unexpected
health and safety closures] which would affect a member’s opportunity to
continue their usage, they will be entitled to cancel their membership without
incurring any further charges after the date of cancellation.
10.5 Force Majeure. If the Body Happy studio is rendered
unable wholly, or in part, to carry out its obligations by reason of force
majeure, Body Happy will give notice and therefore be released from those
obligations which can no longer be fulfilled. Force majeure can also be
interpreted to include circumstances beyond the control of Body Happy.
11.1 Membership does not guarantee access to
classes/facilities. You must book ahead to reserve your place by booking via
the telephone, online, the App, or with your therapist or trainer.
11.2 Class/ personal training/ therapy bookings must be paid
for in advance or at the time of booking if not included in your membership.
11.3 If you have an emergency and need to reschedule an
appointment - kindly give us all call on 01273 916900 or email email@example.com as soon as possible. If you call within
24 hours of the appointment, you may be charged for the session.
11.4 Failure to attend bookings or provide suitable
cancellation notice will result in arrears for the full cost of booking
regardless of membership type.
11.5 Please do not arrive late for any of the classes. Entry
to classes will be denied if you are more than 10 minutes late. During Current changes in operating procedure for the re-opening from COVID, we ask clients to wait outside our main door, respecting social distancing measures no longer than 10 minutes prior to your booking.
12. GOVERNING LAW AND JURISDICTION OF THE COURTS
12.1 This agreement shall be governed and construed in
accordance with English Law and Body Happy and the member agree to submit any
dispute to the exclusive jurisdiction of the English Courts.
12.2 Each of the paragraphs in these Terms & Conditions
operates separately. If any Court or relevant authority decides that any of
them are unlawful the remaining paragraphs will remain in force.
13. DATA PROTECTION
13.1 Information collected from a member will be added to
the Company’s membership database. The Company may use this for administrative
purposes in providing the services, and for communication with the member. In
compliance with the Data Protection Act 1998 and the EU General Data Protection
Regulations all information will be treated as confidential and will not be
shared with any other organisation without the explicit and informed consent of
its website www.body-happy.co.uk
respect the privacy of our clients. Photography and video recording of any kind
is not allowed in the studio unless prior consent from Body Happy and their
clients has been received. During the re-opening of our facilities post COVID filming of classes will be a normal. All participants positions in the class have been marked out to avoid being shown and identified on the camera/ video footage.