BODY MACHINE PERFORMANCE STUDIO LTD
Terms of service
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT THE MEMBER’S RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A LIMITATION OF LIABILITY.
1. BODY MACHINE PERFORMANCE STUDIO LTD
We are BODY MACHINE PERFORMANCE STUDIO LTD (BMPS), a limited company incorporated in England with registered number 09903737 and registered address at 2nd Floor Waverley House, 7-‐‐12 Noel Street, London, United Kingdom, W1F 8GQ. References to “BMPS”, “Club”, “we” and “us” are references to Body Machine Performance Studio Ltd.
2. LIMITATIONS ON USE
You must be an existing member in order to sign up to the BMPS Membership.
3. ABOUT THESE TERMS
3.1 In these Terms:
“Club Terms and Conditions” means the provided Terms and Conditions and which may be requested from the Club from time to time;
“Exclusive Benefits” means the exclusive benefits provided by each BMPS Membership in accordance with clause 5 hereof;
“BMPS Member” means the existing member;
“BMPS Membership” means each of BMPS Member: One Year Prepay and BMPS Member: Rolling Membership in accordance with clause 5 hereof;
“Member”, “your” and “you” means the BMPS Member, or the company or organisation on whose behalf the BMPS Member accesses the Club;
“Membership Fee" means the table of fees applicable to the BMPS Membership Offer which we provide to the Member in accordance with clause 6 hereof;
“Payment Scheme” means the terms of payment in accordance with clause 6 hereof;
“SpinAddikts” means indoor cycling class provided by the Club;
“Terms” means these terms of service as amended from time to time in accordance with clause 3.2 hereof; and
“TRX” means TRX suspension training provided by the Club.
3.2 These Terms set out the terms on which we offer and provide the BMPS Membership on which the BMPS Member agrees are subject to the Club Terms and Conditions.
3.3 All BMPS Members are subject to the Club Terms and Conditions in full and maybe amended from time to time.
3.4 Please review these Terms carefully and make sure that you understand them before applying for and using the BMPS Membership.
4. ACCEPTANCE OF OUR TERMS OF SERVICE
By applying for and purchasing the BMPS Membership, the Member accepts and agrees to be bound by these Terms in full with any amendment or variation.
5.1 Our Payment Scheme includes fees we will charge the Member for providing our Exclusive Benefits:
5.2 Members who elect the BMPS Member: One Year Prepay must pay their respective fee as a lump sum upfront payment to the Club.
5.3 Members who elect the BMPS Member: Rolling Membership must pay the equivalent of 3 months lump sum upfront payment and will pay the direct debit monthly fee from month 4 of their plan to the Club.
6.1 We have a zero cancellation policy in regards to the BMPS Member: One Year Prepay membership.
6.2 The Member may cancel the BMPS Member: Rolling Membership with thirty (30) days prior written notice. You must pay your full membership rate during your months’ notice. Example: You give notice to end your membership contract on any day after the 1 October, but your full calendar months’ notice will not start until 1 November and you will leave on 31 November (your final payment will be for the month of November).
7.1 BMPS provides the BMPS Membership, "as is" and without any warranty or condition, whether express, implied or statutory.
7.2 BMPS does not exclude or limit its liability to you where it would be unlawful to do so.
7.3 Subject to clause 7.2:
(a) BMPS shall only be liable for the loss and damage you suffer as a foreseeable result of a breach by the BMPS of the Contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both the BMPS and you knew it might happen;
(b) BMPS shall not be liable for:
(i) any loss, damage or theft of personal property belonging to you or your guests; or
(ii) death or personal injury of you or your guests; or
(iii) any other loss or damage that is not foreseeable;
7.4 Subject to clause as per 7.2, the maximum liability of BMPS in respect of any 12 month period, howsoever arising, shall not in aggregate exceed the amount of fees paid by you in such 12 month period.
8.1 These Terms are agreed between the Member and us. No person shall have any rights under or connection with these Terms under the Contracts (Rights of Third Parties) Act 1999.
8.2 If any court or competent authority decides that any term of these Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
8.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
8.4 Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision and will not relieve the Member from the obligation to comply with such provision.
8.5 The Terms set out above in respect to the BMPS Membership Offer are subject to the Club Terms and Conditions.