1. Core Collective
1.1 Welcome to the Core Collective. No sign-up fees. No monthly charges. Just a stop-at-nothing commitment to setting a different standard in boutique fitness.
1.2 Our full company name is The Core Collective Health Limited (referred to in these terms as C/C, we, us or our). Our registered company number is 08944434 and our registered address is at Alpha House, 176A, High Street, Barnet, Hertfordshire, EN5 5SZ. Our VAT registration number is 188836749. Our website is www.core-collective.co.uk (Website).
1.3 These terms and conditions (Terms), together with the other documents referred to in clause 1.7 below, govern the basis on which we provide access to our studio, Sessions (as defined below) and fitness services (Services). Please read these Terms carefully before you start using our Services.
1.4 If you use our Services you agree to be bound by these Terms. These Terms form a legally binding contract between you and us, and govern your use of the Services. If you do anything in breach of these Terms we may terminate your account and right to receive our Services.
1.5 We may change these Terms from time to time. If a revision is material we shall, at our discretion, notify you. If you continue to use our Services after any revisions take effect then you will be taken to have agreed to the revised Terms. These Terms were last updated on 4 March 2015.
1.6 We may change the features of our Services from time to time. We do not guarantee that any particular Services will be made available.
1.7 In addition to these Terms, the following additional terms also apply to your use of our Services (and are, where relevant, incorporated by reference into these Terms):
- (b) our Privacy and Cookies Policy; and
- (c) any other notices or rules displayed in our facilities or which we notify you of from time to time.
2. Registering an Account
2.1 We don't believe in minimum term memberships. At C/C you commit as much as you want to. To register an account and use our Services you must:
- (a) be an individual;
- (b) be 18 years old or older or, if you have your parent or guardian's written consent, be aged between 16-18;
- (c) confirm that you have no health problems which may affect your participation in using any of our Services (see clause 5.1 for further information); and
- (d) agree to comply with these Terms.
2.2 You must sign up directly with us (either via our Website or in our studio) in order to use our Services. When signing up, you must provide:
- (a) your full name;
- (b) a valid and subsisting email address;
- (c) a password for accessing your account on the Website;
- (d) your address;
- (e) your gender;
- (f) details of your bank account or debit/credit card you wish to use to purchase Sessions (which is shared directly with MindBody our payment provider); and
- (g) any other information reasonably requested by us as part of the sign up process.
2.3 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. You must ensure the information in your account is updated regularly with any relevant changes.
2.4 We reserve the right in our absolute discretion to refuse to register any given prospective user.
3. Purchasing and using Sessions
3.1 No monthly charges. No sign-up fees. At C/C we ensure you get maximum value for each minute you spend in one of our classes (Sessions).
3.2 All of the Sessions we offer are the same duration unless advised otherwise on the time table. To sign up for a Session you will need to ensure you have the requisite Sessions credit in your account.
3.3 You can purchase Sessions on our Website or directly from us in the studio. Details or our latest prices can be found on our Website or from a member of staff. We reserve the right to change our prices for Sessions from time to time at our discretion although this will not affect any purchases of Sessions you have already made.
3.4 Subject to clause 10.1 which outlines your consumer rights, all charges for the purchase of Sessions are non-refundable.
3.5 You may not transfer Sessions to another user. Sessions credit is valid for a period of 12 months from and including the date of purchase after which point it shall expire.
3.6 Payment for all orders processed on the Website must be made by credit or debit card on the checkout page using our payment provider MindBody, which accepts payment from most major credit and debit cards. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
4. Booking and Cancelling a Session
4.1 You can sign up for Sessions on our Website or in our studio. Sessions are booked on a first-come, first-served basis. Details or our latest Sessions timetables and can be found on our Website or in the studio.
4.2 We ask that users arrive for a Session at least 5 minutes prior the Session's allotted start time. If a user is not present at least 5 minutes prior to the start of the Session, we reserve the right to release their place to another user.
4.3 If a Session is full a user can add their name to the waiting list and we will notify them if any spaces become available. Upon receipt of such notice the user will need to sign up for the Session in the normal way.
4.4 You may cancel or re-schedule your participation in a Session at any time up to 24 hours prior to the Session beginning. You can make such a cancellation on the Website by logging into your account and following the instructions, by phone or in the studio. Users will be charged for a Session where a cancellation or rescheduling of the Session is not made within 24 hours of the Session's start time.
4.5 We endeavour not to make changes to our Sessions where possible, but we reserve the right at our absolute discretion to do so including, without limitation, by changing the instructor taking the Session.
5 Your Health and Wellbeing
5.1 You must, at the time of registering and whenever using our facilities and Services, be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences as a result of use of our facilities or Services.
5.2 You acknowledge that Sessions involve intense physical exercise and you accept that it is your sole responsibility to ensure that you are able to participate in a Session. If you have any injury that may prevent full participation you should discuss this with the instructor before the Session begins. Any advice from our instructors does not constitute medical advice, and we strongly recommend that you consult a qualified healthcare professional prior to commencing a Session if you have any concerns about your health or wellbeing.
5.3 You are required to follow the instructions of instructors at all times during a Session. You may not train or coach other users of our Services at our facilities or offer to do so.
5.4 Proper athletic attire and footwear must be worn when using our facilities and Services. We reserve the right to refuse you access to our Services and facilities if you are not wearing appropriate clothes.
5.5 Smoking is not permitted in our facilities.
6 Personal Belongings and Safety
6.1 Lockers are provided solely for the benefit of people using our Services. You may not keep personal belongings in a locker overnight. We reserve the right to remove any articles left in a locker overnight. You may claim any of your contents that we have removed from the front desk for up to one week after removal. After this time we will not be responsible for any content we remove from any locker.
6.2 Any personal belongings brought into our facilities are at your own risk and we do not accept liability for loss or damage to those items whatsoever.
7 Third Party Service Providers
7.1 From time to time, we may allow third party providers onto our premises to offer their product and services to you, including, without limitation, Who loves you who operate the café on the ground floor of our Phillimore Walk premises. In each case the relevant third party provider, not C/C, is responsible for the products and services they offer.
7.2 You acknowledge and agree that:
- (a) we shall not be responsible for any act or omission of a third party provider;
- (b) we do not endorse the goods or services made available by a third party provider or that their product and services will remain available for any period of time;
- (c) if you choose to purchase goods or services from a third party provider:
- (i) that will be on the basis of a contract between you and the third party provider alone, on the terms agreed between you and the third party provider; and
- (ii) we shall not be a party to that contract and neither shall we be responsible in any way for the performance of that contract by the third party provider or for the quality or safety of any such goods or services sold by the third party provider;
- (d) in the event of a problem with any product or service purchased by you from a third party provider, all queries should be directed to the third party provider concerned.
8. Data protection and privacy
8.1 We are committed to protecting your privacy. Use of your personal information is governed by our Privacy and Cookies Policy, which is incorporated into these Terms.
9 Our liability
9.1 Nothing in these Terms shall exclude or limit our liability to you:
- (a) for death or personal injury caused by our negligence;
- (b) for fraudulent misrepresentation; or
- (c) for any other liability that may not, under English law, be excluded or limited.
9.2 You acknowledge that by using our Services you have voluntarily chosen to participate in strenuous physical exercise. You accept that there are inherent risks and dangers in performing exercises of the nature that we offer as part of our Services, and that some of these risks cannot be eliminated regardless of the reasonable care taken to avoid injuries. We strongly recommend that you consult your doctor prior to commencing any Session.
9.3 Subject to clause 9.1, we shall not be liable to you (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason) for any loss or damage which arises as a result of:
- (a) a third party unconnected with our Services under these terms;
- (b) any circumstance for which you are at fault; or
- (c) any circumstance which we cannot reasonably be expected to control.
9.4 You are solely responsible for protecting your account login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.
9.5 Subject to clauses 9.1, we shall not be liable to you (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason) for any business losses and any liability we do have for losses you suffer is strictly limited to losses which were reasonably foreseeable.
10 Refunds Policy
10.1 You may cancel a purchase of Sessions at any time within a 14 day "cooling-off" period starting the day after the date of purchase. To cancel a purchase of Sessions you must clearly inform us, preferably:
- (a) in writing, giving us your name, address and any order reference; or
- (b) by completing our cancellation form available on the Website.
We will confirm your cancellation in writing.
10.2 If you cancel an order under 10.1 above before using any credit for Sessions then we will refund the full purchase of Sessions to you.
10.3 If you cancel an order under 10.1 above and you have already used some of those Sessions, then Sessions you have used will be deducted from any refund due to you on a pro rata basis plus an administration charge of £5. We will tell you how many Sessions you have used when you contact us.
10.4 We will process a refund as soon as possible and, in any case, within 14 days of receipt of your cancellation request provided in accordance with clause 10.1 above. We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.
11 Closing your account
11.1 If you wish to close your account you may do so on the Website or by contacting us. Please note that, subject to clause 10.1 above, all purchases of Sessions are non-refundable.
11.2 We may close your account if we believe that you breach any of these Terms.
12.1 You may not sub-license or assign any of the rights or obligations under these Terms.
12.2 We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.
12.3 Subject to 9.1, these Terms and any other terms expressly referred to in them represent the entire agreement between you and us in relation to their subject matter.
12.4 All notices given by you to us or vice-versa must be given by email or in writing to the address set out in clause 13. We may give notice to you at either the email or postal address you provide to us when placing an order.
12.5 If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.
12.6 If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.
12.7 No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the agreement between us.
12.8 These Terms are governed by English law. We both agree to submit to the non-exclusive jurisdiction of the English court, provided that if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
13 Contacting us
13.1 Please submit any questions you have about these Terms or any problems concerning our Services and their use to us by:
- (a) email at email@example.com;
- (b) phone at 02079376377; or
- (c) post at 45 Phillimore Walk, Holland Park, London W8 4RZ.