Please read carefully the following Terms of Service, which may be updated by V1BE from time to time. The most current Terms will always be available on our website – www.v1be.com.
TERMS OF SERVICE
Please read these terms of service (“agreement”, “terms of service”) carefully before using www.v1be.com (“the site”) operated by New Boutique Fitness Ltd (“us”, “we”, or “our”). This agreement sets forth the legally binding terms and conditions for your use of the site at www.v!be.con. By accessing or using the site in any manner, including, but not limited to, visiting or browsing the site or contributing content or other materials to the site, you agree to be bound by these terms of service. Capitalised terms are defined in this agreement. These terms of service set forth the legally binding terms for your use of V1BE services. You are only authorised to use the V1BE services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these terms of service. Please read these terms of service carefully and save it. If you do not agree with it, you should leave the V1BE website and discontinue use of V1BE services immediately. If you wish to become a member, you must read these terms of service and indicate your acceptance during the registration process.
In order to access some features of the website, and also book any sessions you will have to create an account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information and you are consenting that this information is accurate. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorised use of your account.
MEMBER SERVICES AND POLICIES
Class Cancellations: as stated in the membership agreement, you must cancel classes as a member or pay as you go user at least 1 hour in advance or you will be deducted that class credit. This includes switching time slots under the 1 hour notice time period. You may cancel a class through our online system (app/website) or by calling the applicable studio directly. We cannot accept class cancellation requests via email.
- Reservations: you must be physically present and ready to enter a class 5 minutes before the class is due to start, if you are a first time user you are required to arrive 30 mins before the start of a class in order to have the class induction / health & safety briefing performed at the start of each class by one of our instructors. If you are a first time user and you have not partaken in the induction you may be refused any further participation in a class.
- ‘Again and Again’ packages on our website refer to packages where monthly recurring payments are taken. ‘As and When’ packages are one off purchases.
- V5 package gives the member up to 5 sessions per month. Additional class credits can be purchased via the app or website when logged in. Payment is on a monthly recurring basis.
- V10 package gives the member up to 10 sessions per month. Additional class credits can be purchased via the app or website when logged in. Payment is on a monthly recurring basis.
- Credits for classes do come with an expiry date as explained on the pricing page of this website.
- Monthly packages are subject to a monthly recurring fee, as detailed on the ‘Pricing’ page on the website.
- All packages are non-refundable. However, following cancellation of a V1BE package, you will have access to the club through to the end of your current billing cycle.
- All monthly recurring ‘Again and Again’ packages may be frozen free of charge for up to 3 months by emailing the club giving 10 days notice prior to the next payment.
- Membership cancellation: Cancellation of all monthly recurring payment ‘Again and Again’ packages require 30 days’ notice via email to the club.
- Personal belongings: you agree that V1BE is in no way responsible for the safekeeping of your personal belongings while you are present in the studio and club. You are accountable for any damage to your property. You assume all risk of loss for any of your personal belongings.
STUDIO RULES AND REGULATIONS
- All classes and packages are non-refundable if a class is missed and not cancelled 1 hour before the class starts, the expiry date cannot be extended. It is your responsibility to check the expiry of any packages before purchasing and failure to understand and adhere to this date is not an excuse and valid reason to extend.
- There will be an induction for all newcomers 30 mins before the start of each class if necessary. Any newcomer who misses this induction may be refused entry into the class.
- Please put away all equipment at the end of a class.
- Please be aware treadmills will run constantly throughout the class, at the end of each section you will be asked to return your treadmill to a speed of 2km/h. The induction will cover the correct entry and dismount onto and off the treadmill.
- Treadmills are first come, first served and cannot be saved. Although it is recommended that you use the same treadmill throughout each class when doing that particular section of the class. Treadmills will be numbered to make this easier to identify whilst in the class.
- Do not put anything on the treadmills. (i.e. weights or equipment)
- Towels are required during class.
- Be mindful of others exercising around you and storing any equipment safely.
- From time to time the floor may become a little slippery from your sweat, during the class it is your responsibility to ensure you are aware of this and take full responsibility for your actions, taking all liability away from V1BE.
- All injuries must be reported before each class.
- You should arrive at least 5 minutes prior to class. If you are not physically present and have not signed in your spot may be released to an individual on the waiting list.
- Respect our facilities
- Respect other members
- Respect our team
LIMITATION OF LIABILITY
By signing your initial “enlistee” contract and/or attending classes, events, activities, and other programs at V1BE and using the V1BE studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the V1BE workout program. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that V1BE strongly recommends that you consult with your physician prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by trainers and staff. In consideration of being allowed to participate in and access the V1BE classes and studio facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the V1BE classes and studio facilities, (2) release, indemnify, and hold harmless V1BE, subsidiary affiliate entities and franchisees, and each of their respective members, employees and representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the V1BE classes or V1BE studio facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of the V1BE classes and studio facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in V1BE classes and use of studio facilities, and should not be participating in and classes.
INTELLECTUAL PROPERTY AND TRADEMARKS
The content on the V1BE website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“content”) and the trademarks, service marks and logos contained therein (“marks”), are owned by or licensed to V1BE, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. V1BE reserves all rights not expressly granted in and to the website and the content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to company are non-confidential and shall become the sole property of V1BE. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on use of the website or the content therein. “V1BE” and other graphics, logos, wordmarks, and designs are trademarks of V1BE in the uk and/or other countries for which applications are pending. V1BEs trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of V1BE.
The V1BE services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase V1BE via your mobile phone, (ii) the ability to receive and reply to V1BE messages, (iii) the ability to browse V1BE from your mobile phone and (iv) the ability to access certain V1BE features through a mobile application you have downloaded and installed on your mobile phone (collectively the “mobile services”). We do not charge for these mobile services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the mobile services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such mobile services. By using the mobile services, you agree that we may communicate with you regarding V1BE and other entities by sms, mms, text message or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us.
We may terminate your access to the site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT V1BE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these terms of service by posting the updated terms on the site. Your continued use of the site after any such changes constitutes your acceptance of the new terms of service. We encourage you to review this agreement periodically for changes. If you do not agree to any of this agreement or any changes to this agreement, do not use, access or continue to access the site or discontinue any use of the site immediately.
These terms of service shall remain in full force and effect while you use the V1BE services or are a member. You may terminate your membership at any time, for any reason, by following the instructions on the “my account” page or by contacting the studio directly. V1BE may terminate your membership at any time, without warning, if you breach these terms of service. Even after membership is terminated, these terms of service will remain in effect.
You acknowledge that V1BE charges fees for its services, and V1BE reserves the right to change its fees from time to time in its discretion. If V1BE terminates your membership because you have breached these terms of service, you may not be entitled to a refund of any unused portion of membership or other fees.
When you sign up for member services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify V1BE immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
Generally, if a dispute arises between V1BE and you, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and V1BE agree that the parties will resolve any claim or controversy at law or equity that arises out of this agreement in writing. Before resorting to any alternative, 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.
If you have any questions about these terms of service, the practices of V1BE or its services, or your dealings with this site, please contact us at: firstname.lastname@example.org
These terms of service have been updated and effective as of 5th March 2019.
Registered Company Name – New Boutique Fitness Ltd
Registered office address – 37 Dale St, Manchester, M1 2HF
Registered Company No. – 10792665