TERMS & CONDITIONS
ManAlive Fitness Ltd, 68 Ovaltine Drive, Kings Langley, Hertfordshire, WD4 8SG
Automatic Payment Authorisation:
I authorise ManAlive Fitness Ltd to charge funds that I have agreed for my membership using the card details I have supplied. This authorisation is to remain effective until all fees have been collected in connection with the terms and conditions of this agreement.
I hereby agree that if ManAlive Fitness Ltd is unable to process my payment from the designated account provided by me, ManAlive Fitness Ltd is permitted to use any of the other accounts information provided as many times, and as often as needed, to replace the unpaid payments.
I agree to pay £1 for a 14 day trial of ManAlive Online – after which I agree to be automatically enrolled into a monthly rolling agreement with fees of £27/month paid using the card details I have provided. I acknowledge that if I do not wish to be automatically enrolled into a monthly rolling agreement I must provided clear written notice to firstname.lastname@example.org before the first payment of £27 is processed. Please see below for full cancellation details.
The Member Acknowledges and Agrees the Follows
1. I am responsible for all charges billed or incurred prior to cancellation regardless of usage or any change in my circumstances. I further agree that my membership benefits are exclusive to me and are in no way transferable to anyone else.
2. ManAlive Fitness Ltd agrees to provide competent instruction, provided by qualified personnel trained in the procedures and traditions of such activities.
3. ManAlive Fitness Ltd or any party designated by them may use photographs or video of me I share with them for promotion, sales, publicity and advertising purposes for all media, including, but not limited to, the internet.
Informed Consent & Disclaimer:
4. I am responsible for my own health and suitability to take part in the programme. I am responsible to report promptly any unusual feelings or discomfort during exercise to a qualified medical practitioner.
5. I acknowledge that my participation in any of the activities instructed by ManAlive Fitness Ltd involves certain inherent risks and I do so at my own free will. The required physical exertion may be strenuous and cause physical injury, and I am fully aware of and accept the risks and hazards involved. I hereby confirm that I am physically fit to receive and participate in the prescribed course of instruction. I acknowledge that whilst ManAlive Fitness Ltd will take reasonable precautions to reduce the incidence of injuries, I also am responsible for taking reasonable precautions and complying with instructions on exercise technique and how to use equipment
6. I understand and accept that ManAlive Fitness Ltd is not responsible for:
a) any loss or damage that is not foreseeable when the contract was entered into;
b) losses or damage that were not caused by any breach on its part;
c) business losses including any loss of profit, loss of business, business interruption or loss of business opportunity; or
d) losses to non-consumers.
7. I understand and accept that all warranties and conditions, whether express or implied by statute, common law or otherwise, are excluded to the extent permitted by law.
8. I accept and fully assume all risks and the possibility of personal injury, death or loss of or damage to my property as a result of my participation in any activities held by ManAlive Fitness Ltd. I acknowledge that nothing in these terms is intended to exclude or limit in any way the liability of ManAlive Fitness Ltd to me where it would be unlawful to do so. This includes:
a) liability for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
b) for fraud or fraudulent misrepresentation; and
c) any other losses which cannot be excluded or limited by applicable law.
9. In consideration of ManAlive Fitness Ltd (and its directors, officers, employees, agents and any member of its group of companies or their representatives) allowing me to participate in any activities held by it, which I hereby acknowledge, I agree as follows:
a) to release ManAlive Fitness Ltd (and its directors, officers, employees, agents and any member of its group of companies or their representatives) from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer as a result of my attendance at and/or participation in any activities due to any cause whatsoever excluding negligence on the part of ManAlive Fitness Ltd (and its directors, officers, employees, agents and any member of its group of companies or their representatives), liability in connection with proven defective products supplied by them to me and any breach by them of the duty of care owed under the applicable Occupiers Liability Act; and
b) hold harmless and indemnify ManAlive Fitness Ltd (and its directors, officers, employees, agents and any member of its group of companies or their representatives) from any and all liability for any personal injury to any third party or for any property damage caused by me which results from my participation in any activities.
10. I acknowledge that ManAlive Fitness Ltd may from time to time suggest products, services or activities held by third parties who are not its agents, employees or representatives. I understand and accept the risks associated with engaging with such third parties and agree they are not the responsibility of ManAlive Fitness Ltd , and its directors, officers, employees, agents and any member of its group of companies or their representatives.
11. I confirm that the provisions in this agreement constitute the entire agreement between the parties hereto and supersede all prior communications, proposals, representations and agreements, whether oral or written with respect to the subject matter of this Agreement.
12. ManAlive Fitness Ltd is committed to protecting the privacy of personal data of our members. We make every effort to ensure that the information you share with us is recorded accurately, retained securely and used only according to your wishes. We collect personal data, including sensitive personal data necessary to communicate with you, manage our ongoing business relationship with you and ensure that you are medically fit to commence and continue with the programme.
13. I understand my rights and obligations as stated above and that I have read and understood this release and waiver of liability. I am aware that by opting in to this agreement I am waiving certain legal rights, including the right to claim damages which I or my heirs, executors, administrators, successors or assigns may have against ManAlive Fitness Ltd and its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns.
Cancellation & Refund:
14. Statutory Right To Cancel. You have the right to cancel this agreement within 14 days of entering into it without giving reason. The cancellation period will expire 14 days after your sign up date. To exercise your right to cancel you must send clear notice of this intent to email@example.com. Refunds will be processed using the method of original payment with 14 working days.
15. 14 Day Trial Double Money Back Guarantee. In addition to your statutary rights above ManAlive Fitness Ltd agrees to uphold a double money back guarantee on its 14 Day Trial. To claim the additional £1 refund please send a stamped address envelope to ManAlive Fitness Ltd, 68 Ovaltine Drive, Kings Langley, Herts, WD4 8SG. You will receive payment of £1 via cheque within 30 days.
16. 1 Year Membership Money Back Guarantee. In addition to your statutary rights above ManAlive Fitness Ltd agrees to uphold a 30 day money guarantee on its 1 Year Membership. To claim a full refund on a one year membership you must send clear written notice to firstname.lastname@example.org within the cancellation period. The cancellation period ends 30 days after your sign up date. Refunds will be processed using the method of original payment with 14 working days. Outside of the cancellation period refunds are not available for any reason.
17. Rolling Monthly Membership Cancellation. Rolling monthly memberships may be canceled by sending clear written notice to email@example.com at least 14 days prior to the next automatic payment date. Notice of cancellation will only be deemed received upon confirmation that your email has been received. For these purposes an automated acknowledgement or out of office will not be confirmation that an email has been received.
18. In addition to any rights and remedies it may otherwise have, ManAlive Fitness Ltd may terminate this Agreement upon ten days’ written notice to me if I fail to comply with my obligations under this agreement and do not cure any such failure within ten days after receiving notice of such failure.
You may use the below form but it is not obligatory.
To ManAlive Fitness Ltd
I hereby give notice that I cancel my membership contract (insert membership name and sign up date)
Name of consumer
Address of consumer
Signature of consumer
Terms and Conditions Last Updated on 22/09/17.