Fitness Online Terms and Conditions
“Registration Form” means the registration form that We provide to You for
You to apply to register; “Regulations” means The Consumer Contracts (Information,Cancellation and Additional Charges) Regulations 2013; “We/Us/Our” means Fityouth ANAC India whose place of business and contact address is WZ-123,C-2,3rd Floor,Tihar Village,New Delhi-110018 and includes all Our staff (employees and agents); and “You/Your” means an individual to whom We agree to provide any
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions; and
1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
1.3 The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
1.4 Words signifying the singular number shall include the plural and vice versa; and
1.5 References to any gender shall include the other gender.
2.1 In order to attend any Fitness Class You first have to register with Us and You may do so by completing the Registration Form and agreeing in that Form to these Terms and Conditions.
2.2 The details that You provide and confirm in the Registration Form must be complete and correct, including Your confirmation that You are 18 or over and a “Consumer”, and that You agree to these Terms and Conditions, including but not limited to the fitness, health and safety matters and the rules set out in Clauses 6 and 7 of these Terms and Conditions.
2.3 You may book and attend a Fitness Class only once We have accepted Your Registration Form [in writing]. Acceptance of that application to register means that We agree that You may then (but not otherwise) book a Fitness Class. Our decision whether or not to accept Your application to register is in Our absolute discretion.
2.4 Upon Our acceptance of Your Registration Form and confirmation that We accept Your application to register there will be a contract between You and Us on these Terms and Conditions.
3. Booking and Cancellation of Fitness Classes, Expulsion, and Consumer Rights
3.1 You must be 18 or over and a “Consumer” to book and attend any Fitness Class.
3.2 A Fitness Class and Your place in that Fitness Class is subject to availability. No priority is given, and places in a Fitness Class are allocated on a first-come-first-served basis. We will not reserve or guarantee any particular date and/or time for any Fitness Class unless You book and pay for the Fitness Class for that time and date.
3.3 Each Fitness Class requires 1 or more people to book it for it to take place [unless it is available as, and specifically booked as, a small Fitness Class for You and [a maximum of 9 other people].
3.4 You may book a Fitness Class through Our website www.fityouth.org as a single Fitness Class or as part of any available package of Fitness Classes.
3.5 We will only provide a Fitness Class to You if You have pre-booked and paid for it [except where as follows, You are allowed to participate in it on a [“drop in”][or][“wait list”] basis and have paid for it. If it is already fully booked when you request a booking, [We can add you to a wait list for it]. We may then be able to offer You the opportunity to book, pay for and participate in the Fitness Class [if a wait list space for it becomes available due to another person cancelling a booking].
3.6 When you book and pay for any single Fitness Class (i.e. one not paid for as part of a package) You must book (or, as set out in sub-Clause 3.11 below, rebook to replace any booked Fitness Class cancelled) for a date which is no more than [one][two][three] month[s] after the date when You make and pay for that booking or rebooking. A Fitness Class not booked (or rebooked) and taken within that period will be lost and, unless You cancel it and are entitled to a refund under these Terms and Conditions in that case, We will not refund any payment You have made for it.
3.7 If You pay for any package of Fitness Classes, but You do not at the same time book the date/s for all of the number of Fitness Classes included in the package, You should then ensure that You book dates for all of the package which fall within the 6 month period after the date when You paid for the package. Any Fitness Classes paid for as part of a package but not booked for dates falling within that 6 month period will be lost and We will not refund any payment You have made for them.
3.8 Your request for a booking for a Fitness Class (whether or not it is paid for as part of a package) will be an offer, but whether We accept any booking will be for Us to decide in Our discretion. Only if and when We tell You that We accept Your request to book a particular Fitness Class and You have paid for
it, will there be a binding contract between You and Us for that Fitness Class.
3.9 When You book any Fitness Class, We will require You to pay Us in advance for it, and We will be entitled to keep some or all of that payment as set out in sub-Clause 3.12 below if You later cancel the Fitness Class without giving Us prior notice of at least 24 hrs.
3.10 We may treat a Fitness Class that You have booked as cancelled by You without notice to Us if You arrive after the start of the Fitness Class [or the start of any warm up for that Fitness Class] or You do not attend any of the Fitness Class. We may then (but We are not obliged to) give Your place in the Fitness Class that You cancelled to any [“wait-list”][or][“drop in”] customer. We may decide to make a charge to You for that cancelled Fitness Class, and sub-Clause 3.12 below will apply.
3.11 You may cancel a Fitness Class without charge if You give Us at least 24 Hours' prior notice of the cancellation. If You do so We will refund to You any sum You paid in advance unless when You cancel You ask to rebook for a later, substitute, Fitness Class instead and We accept that substitute booking. If the cancelled Fitness Class was paid for as part of a package, [We will not refund You any sum for it but] OR [We will refund You for that Fitness Class an amount equal to total sum paid for the package divided by the total number of Fitness Classes in the package or] You may rebook it under this sub-Clause 3.11 for a date falling within the 6 Months, as in Clause 3.7 period after the date when You booked the package.
3.12 If You do not give Us at least 24 hrs prior notice of cancellation of a Fitness Class, We will be entitled to charge You for any net financial loss up to the full price of that Fitness Class that We suffer due to Your cancellation (i.e. the price that applies to it as a stand-alone, non- package price Fitness Class). We will be entitled to deduct that charge from any sum You paid in advance for that Fitness Class, and We shall refund any balance to You. For this purpose, if that Fitness Class was part of a package,the sum paid in advance for it will be the total sum paid for the package divided by the total number of Fitness Classes in the package.
3.13 If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel a Fitness Class without giving Us at least 24 hrs prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 3.10 or 3.12.
3.14 We may cancel a Fitness Class booked by You at any time before the time and date of that Fitness Class in the following circumstances:
3.14.1 The required minimum number of people for the Fitness Class have not booked for that Fitness Class; or
3.14.2 The required instructor necessary for the Fitness Class is not available; or
3.14.3 An event described in sub-Clause 9 below occurs and continues; or
3.14.4 We find that you are not a “Consumer” (as defined in Clause 1
above). If We cancel a Fitness Class in such circumstances We will refund to You in full the payment that You have made to Us for that Fitness Class unless it was paid for as part of a package. Where it was part of a package, We will not make a refund but You may rebook that cancelled Fitness Class for another date falling within the 6 Months, as in Clause 3.7 period after the date when You paid for the package, or if that period ends less than  weeks after the date of the cancelled Fitness Class and You prefer to have a refund
instead of rebooking We will refund You the stand-alone price for that cancelled Fitness Class.
3.15 We will use all reasonable endeavours to start the Fitness Class You have booked at its scheduled start time, but the start may be delayed by overrun of a previous Fitness Class or by other circumstances. If a delay to the start is at least 30 Minutes, or, if at any time before or after You arrive for a Fitness Class We notify You that there will be a delay of at least that time, You may cancel the Fitness Class and We will refund to You in
full the payment that You have made to Us for that Fitness Class unless it was paid for as part of a package in which case the final paragraph of sub-Clause
3.14 (as to rebooking or refund) will also apply to cancellation under this sub- Clause 3.15.
3.16 Fitness Classes [and] prices [and instructors] are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.
3.17 We reserve the right to expel You from any Fitness Class if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to Our reputation, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable opinion such expulsion is otherwise in the interests of others who are in that Fitness Class or who are in any other Fitness Class being held then or to be held subsequently. You will not be entitled to any refund for a Fitness Class started but not completed due to such expulsion. If at that time You have paid for any Fitness Classes as a package but have not yet booked and/or attended one or more of such Fitness Classes, We may cancel those Fitness Classes not yet booked and/or attended by telling You at the time of that cancellation and in that case We will refund You for the number of Fitness Classes in the package cancelled and the refund will be for the number of package Fitness Classes not taken pro rata to the total Fitness Classes in the package.
3.18 Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause 3.18, and they will be in addition to the rights given to You by the above provisions of this Clause 3. You may for any reason cancel a booked Fitness Class during the 14 day period after We accept that booking, but if the booking includes any Fitness Class on a date which is before the end of that 14 day period, and if You have expressly requested Us to provide any such Fitness Class in that 14 day
period and We do so, You may not cancel that requested Fitness Class and You must pay for it in accordance with Clause 4, and You may only cancel any other Fitness Class covered by that booking. If You request that Your booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Sub-clause 3.18, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the Fitness Class(es) covered by that booking that We have provided. For this purpose, where any one or more Fitness Classes has been paid for as part of a package, then You may cancel such Fitness Classes (either booked for any date(s) after that 14 day period or not yet booked), and We will refund for each such cancelled Fitness Class the total package price amount divided by the total number of Fitness Classes in that package.
4.Fees and Payment
4.1 You must pay in accordance with Our Price List for all Fitness Classes that We fully and correctly provide to You.
4.2 You may pay Us for Fitness Classes by Credit/Debit Card, net banking or UPI Using Our Online Booking System;
4.3 We may alter Our prices without prior notice, but if the price of any Fitness Class increases between the time when You book it and the date of the Fitness Class, the price increase will not apply to You for the Fitness Class on that date.
4.4 All prices of Fitness Classes shown in the Price List are inclusive of GST.
5. Eligibility to take a Fitness Class
5.1 We only make any Fitness Class available to a “Consumer” (as defined in Clause 1 above), and Your completion of a Registration Form will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to attend any Fitness Class. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your registration forthwith by giving You a cancellation notice and You will not then be entitled to attend any further Fitness Classes. If at the time of such cancellation You have paid for Fitness Classes as a package but have not yet attended one or more such Fitness Classes, We will refund You for those Fitness Classes not yet attended and the refund will be for the number of package Fitness Classes not attended pro rata to the total number of Fitness Classes in the package.
6.Fitness, Health and Safety
6.1 You acknowledge that certain Fitness Classes may be physically strenuous and You agree that You voluntarily participate in such Fitness Classes with full knowledge that even if We and the relevant instructor is not negligent there is a risk of personal injury or illness arising from Your participation in such a Fitness Class.
6.2 Certain Fitness Classes may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.
6.3 You must ensure that you are fit and well enough to participate in any Fitness Class that You book, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.
6.4 If You have any concerns about Your fitness or health, You should seek appropriate medical advice from a relevant professional medical or other adviser before attending a Fitness Class. We cannot and do not provide any such advice.
6.5 You agree that when You register and when You book and attend any Fitness Class, that will be Your confirmation that You have no health or fitness problems which may affect your participation in any Fitness Class.
6.6 When You request a booking for a Fitness Class and [at least 48 hours] before You attend any Fitness Class, if You tell Us at that time about any medical, health or fitness issue or special need, We will discuss it with You, and inform You if We decide not to accept Your booking because of that issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue or need.
6.7 If You do not tell Us before a Fitness Class of anything referred to in sub-Clause 6.5 or 6.6 that We then discover, We will be entitled not to provide some or all of that Fitness Class or any other Fitness Classes and to treat any such Fitness Classes (or the affected part of it/them) as cancelled by You without notice, in which case We may make a charge to You for that cancelled Fitness Class (or part of it) as set out in sub-Clause 3.12 above. If that Fitness Class is part of a package, We may also cancel any other remaining Fitness Classes in the package and in that case We will refund You for each of the remaining Fitness Classes an amount equal to the total package price divided by the total number of Fitness Classes in the total package.
6.8 You must not attend any Fitness Class when under the influence of alcohol or illegal drugs [or immediately following a heavy meal].
6.9 [You should arrive at least 10 Minutes minutes prior to the start time of a Fitness Class [and before any warm up involved in that Fitness Class], to allow for a prompt start.] If You know You are going to be late for a Fitness Class, You should contact Us to tell Us as soon as You can before the Fitness Class start time. [If You arrive later than a Fitness Class start time [and You arrive after any warm-up for that Fitness Class has begun], We may not permit You to participate in the Fitness Class for health and safety reasons].
6.10 Kids below 8 years must accompany with their parents while attending the Fitness Class
7.1 If a Fitness Class requires specific [type of] clothing, footwear [or other items], details of the Fitness Class will specify those requirements and You must provide them for Yourself. Loosely swinging or sharp jewelry should be removed before a Fitness Class. If You do not comply with any of these dress requirements, We may not allow You to participate in the Fitness Class.
8.1 Gift vouchers are available from. Our Website.
8.2 Gift vouchers are valid either for the period specified on the gift voucher or, where no period is specified, indefinitely.
8.4 Gift vouchers may be redeemed only for Fitness Classes and may not be
redeemed partly or wholly for cash.
9.Events beyond our reasonable control
9.1 We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.
9.2 If any event described under sub-Clause 9.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Fitness Classes as necessary. You may, without liability to Us, cancel any Fitness Class(es) which do not take place due to that event, and We will refund in full the advance payment that You have made to Us for the cancelled Fitness Class(es). Where the cancelled Fitness Class(es) is/are part of a package, We will refund You for each such Fitness Class an amount equal to the total price for the package divided by the total number of Classes in the package.
10.Limitation of Liability
10.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious
consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.
10.2 We provide or sell all Fitness Classes to You only for Your personal and private use/purposes. We make no warranty or representation that any clothing or other goods that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
10.3 Each of Our instructors is appropriately qualified to conduct the particular Fitness Class which they conduct but their advice does not include any medical or similar advice and is not a substitute for advice provided by an appropriate medical, health, or fitness professional or therapist.
10.4 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
11. Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
12.How We Use Your Personal Information (Data Protection)
12.1 In so far as administering, arranging, or providing Fitness Classes or registration involve Us in collecting, using, or holding or otherwise processing any data obtained from You which is personal data (including, but not limited to, Your name and address), We shall only do so with Your express consent
and in accordance with any lawful instructions reasonably given by You from time to time, and the provisions of the Data Protection Legislation and Your rights under that Data Protection Legislation and these Terms and Conditions.
12.2 We may use Your personal information as follows:
12.2.1 to administer or arrange Fitness Classes for You and Your registration or to offer or provide Fitness Classes to You;
12.2.2 to process Your payment for Fitness Classes;
12.2.3 in certain circumstances (if, for example, You wish to pay for Fitness
Classes on credit), and with Your consent, We may pass Your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Legislation and should use and hold Your personal information accordingly; and We will not pass on Your personal information to any other third parties without first obtaining Your express permission.
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e.before We accept Your registration and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to register and/or make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.