Terms And Conditions

Part 1 General Terms & Conditions

1 Use of the Company Site

The Company Site is provided to you for your personal use subject to these Terms and
Conditions. By using the Company Site you agree to be bound by these Terms and Conditions.
References to these Terms and Conditions include the Terms of Purchase of training, individual
or group training and soft products.

2 Amendments

We may update these Terms and Conditions from time to time for legal or regulatory reasons
or to allow the proper operation of the Company Site. Any changes will be notified to you via
the e-mail address provided by you on registration or via a suitable announcement on the
Company Site. The changes will apply to the use of the Company Site after we have given
notice. If you do not wish to accept the new Terms and Conditions you should not continue to
use the Company Site. If you continue to use the Company Site after the date on which the
change comes into effect, your use of the Company Site indicates your agreement to be bound
by the new Terms and Conditions.

3 Intellectual property

The content of the Company Site is protected by copyright, trade marks, database right and
other intellectual property rights. You may retrieve and display the content of the Company
Site on a computer screen, store such content in electronic form on disk (but not any server or
other storage device connected to a network) or print one copy of such content for your own
personal, non-commercial use, provided you keep intact all and any copyright and proprietary
notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial
purposes any of the materials or content on the Company Site or for sale from the Company
Site without written permission from the Company.

4. The Company’s right to suspend or cancel your registration

4.1 We may suspend or cancel your registration immediately at our reasonable discretion or if
you breach any of your obligations under these Terms and Conditions.

4.2 You can cancel your registration at any time by informing us in writing at
info@vibeshealthandfitness.co.uk.

4.3 The suspension or cancellation of your registration and your right to use the Company Site
shall not affect either party’s statutory rights or liabilities.

5. The Company’s liability

5.1 The Company Site provides content from other Internet sites or resources and while the
Company tries to ensure that material included on the Company Site is correct, reputable and
of high quality, it does not make any warranties or guarantees in relation to that content. If
the Company is informed of any inaccuracies in the material on the Site we will attempt to
correct the inaccuracies as soon as we reasonably can.

5.2 If we are in breach of these Terms & Conditions, we will only be responsible for any losses
that you suffer as a result to the extent that they are a foreseeable consequence to both of us

© VIBES Health & Fitness

at the time you make the relevant order. Our liability shall not in any event include indirect or
consequential loss, business losses such as lost data, lost profits or business interruption.

5.3 This clause 5 shall not limit or affect our liability resulting from any products or services
sold through the Company Site being found to be unsafe or if something we do negligently
causes death or personal injury. The Company shall not be liable to you for any indirect or
consequential loss or damage including loss of earnings arising out of your participation in the
sessions nor for an aggregate amount greater than the fee paid for the sessions.

5.4 You acknowledge that certain elements of the training sessions can be physically
demanding and you are aware of the nature of the sessions and the associated risks involved.
As a condition of your enrolment, you agree that you are physically capable of participating in
the sessions and accept full and complete responsibility for your own participation in the
sessions. You agree that should any medical or physical condition arise prior to or during a
session which is likely to affect your ability to participate in a session you will not attend / will
withdraw from the session. Without limiting the foregoing, before taking part in any sessions
you must complete a fitness questionnaire (“PAR-Q”) and if appropriate seek advice from your
doctor.

5.5 You agree and acknowledge that, if required, it is your obligation to take out personal
accident and personal items insurance and that it is your responsibility to store any valuables
in a safe place when attending outdoor training sessions.

6 Third Party Websites

As a convenience to customers, the Company Site includes links to websites operated by other
parties. We do not control such websites and we take no responsibility for, and will not incur
any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not
imply any endorsement of views, statements or information contained in such websites.

7 Advertising and Sponsorship

Part of the Company Site may contain advertising and sponsorship. Advertisers and sponsors
are responsible for ensuring that material submitted for inclusion on the Company Site
complies with relevant laws and codes. We will not be responsible to you for any error or
inaccuracy in advertising and sponsorship material.

8 Applicable Law

These terms and conditions and any non-contractual obligations will be subject to the laws of
England and Wales. We will try to solve any disagreements quickly and efficiently. If you are
not happy with the way we deal with any disagreement and you want to take court
proceedings, you must do so within the United Kingdom.

9 International Use

We make no promise that materials on the Company Site are appropriate or available for use
in locations outside the United Kingdom, and accessing the Company Site from territories
where its contents are illegal or unlawful is prohibited. If you choose to access this site from
locations outside the United Kingdom, you do so on your own initiative and are responsible for
compliance with local laws.

10 Miscellaneous

10.1 You may not transfer any of your rights under these Terms and Conditions to any other
person. We may transfer our rights under these Terms and Conditions to another business
where we reasonably believe your rights will not be affected.

© VIBES Health & Fitness

10.2 If you breach these Terms and Conditions and the Company chooses to ignore this, the
Company will still be entitled to use its rights and remedies at a later date or in any other
situation where you breach the Terms and Conditions.

10.3 We process information about you in accordance with our Privacy Policy. By using our
Company Site, you consent to such processing and you warrant that all data provided by you is
accurate.

10.4 The Company Site is owned and operated by VIBES Health & Fitness, 22 Tunstead Road,
Hoveton, Norwich, Norfolk, NR12 8QN

If you have any queries please contact info@vibeshealthandfitness.co.uk or write to: VIBES
Health & Fitness, 22 Tunstead Road, Hoveton, Norwich, Norfolk, NR12 8QN

Last update: 18 July 2012

Part 2. Terms of purchase of Training, Merchandise and ‘Soft Goods’

These terms relate to the paid-for services supplied to you through the Company Site such as
class payments, gift vouchers, personal training and merchandise and should be read in
conjunction with the General Terms & Conditions which also apply.

1 Prices and Payment
1.1 Your order is an offer to purchase services or merchandise from us. The Service will be
made available to you once your payment has been authorised. There will be no contract of
any kind between you and us until you make authorised payment for the Service and you
receive the order confirmation from us. At any point up until then, we may decline to supply
the Service to you without giving any reason.

1.2 The prices for the Service are calculated and payable in advance as set out at the on-line
store page of the Company Site. The Company shall be under no obligation to provide the
Service until the price has been paid.

2 Using the Service
Training, classes and gift certificates

Depending on the pass or service you have purchased, the Company will provide training
classes or personal training sessions.

2.1 Batch payments of classes can be used across all venues and all classes.

2.2 We do not operate a refund policy except and passes are non transferable. All clients must
fill out and sign a pre-exercise health questionnaire AND client disclaimer form.

2.3 Pricing: the prices will be made clear to you before you partake or otherwise during the
sign-up process and may vary from time to time. You agree to pay the fees at the rates
notified to you at the time you take part in the training. We will always tell you in advance of
any increase in the price and offer you an opportunity to cancel it if you do not wish to pay the
new price.

2.4 Pricing errors: if we incorrectly state a price to you whether online or otherwise, we are
not obliged to provide you with our services at that price, even if we have mistakenly
accepted your offer to buy at that price, and reserve the right to subsequently notify you of
any pricing error. If we do this, you may cancel without any obligation to us and we will refund

© VIBES Health & Fitness

you any money you have paid us in full or you may pay the correct price. We will always act in
good faith in determining whether a genuine pricing error has occurred.

2.5 Validity: your block bookings are valid for a minimum period of 12 (twelve) months. If you
are unable to continue with training at any point during the course of your prepaid booking any
unused sessions will remain for you to use again within this 12 (twelve month) period.

2.6 Once you have paid for the classes or training and you have started either of them, you are
not able to cancel your purchase. If your training has not started, you may cancel your
contract within 7 working days after the date of your order confirmation and we will reimburse
the purchase price within 30 days of the date of cancellation.

3 Termination

Your access to the Service may be terminated by written notice if you are in material breach
of this agreement and the breach is not remedied within the period of 14 days after written
notice of the breach has been given to you. If we reasonably believe your breach of these
Terms & Conditions affects our lawful operation of the Service or third party customers we
may suspend your access to the Service at any time.

4 Our assurance to you

4.1 The Company warrants that it has the right to provide the Service and will use all
reasonable skill and care in making the Service available to you and in ensuring its availability.

4.2 The Company is continually seeking to improve the Service. The Company reserves the
right, at its discretion, to make changes to any part of the Service provided that it does not
materially reduce their content or functionality

Last Updated 18 July 2012