ACTIVEFITWITHMICHELLE TERMS & CONDITIONS
These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be bound by them once signed.
A. “Class” means a facility owned and operated by Activefitwithmichelle.
B. “Class Rules” means the rules and regulations governing the use of an Activefitwithmichelle Class.
C. “Activefitwithmichelle” “us” “we” and “our” means Activefitwithmichelle.
D. "Member" "you" and "your" means on-going card payers, standing order, annual and daily prepaid members.
E. "PAR Questionnaire” –means the physical activity readiness questionnaire completed by you online.

MEMBERSHIP

Membership options
A. Monthly subscription membership entitles you to either a Monday, Wednesday and Friday at Curdridge Reading Rooms or Tuesday, Thursday and Saturday at Gang Warily. (Please see your membership for details and times of which you have booked onto)
B. Trail session entitles you to a free session on a confirmed date (within 1 week of signing up for the trial). After completion of this you then have the option to sign up to a monthly subscription.


Your Membership
A. You must be over the age of 16 to become an Activefitwithmichelle member (unless signing up for the children’s sessions)
B. You must complete the PAR Questionnaire before you start using your membership and by completing the PAR Questionnaire warrant to us that you have no known condition or are undergoing any treatment that would prevent you from being capable of physical exercise in all material respects.
C. On entry into this Membership Agreement and every time you enter an Activefitwithmichelle class during your membership, you warrant and represent to Activefitwithmichelle that you have no medical conditions known to you that would mean that you are not capable of all forms of exercise and that such exercise will not be detrimental to your health. If in doubt, it is your sole responsibility to consult a medical practitioner or to not go to any classes/tell an instructor/cancel your membership.
D. You must book onto a session online in advance (minimum 24 hours) before you enter a class.
E. Your membership allows you to access any Activefitwithmichelle class subject to availability, in accordance with the type of membership option that you have selected as set out above.
F. Your membership applies to you personally: you cannot lend, assign, or transfer it to another person.
G. We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
H. We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you.
PAYMENT OF FEES
A. By joining up to our classes online, in person or over the phone, you are agreeing to be bound by these Terms and Conditions; you agree to pay all Activefitwithmichelles’ membership and other fees on time.
B.  In addition to the membership fees, we may also charge fees for personal training and any other services Activefitwithmichelle may provide from time to time. The fees may vary between Classes.
C.  Paying monthly subscription by card: After your free trial, you have 14 days to decide whether you want to continue coming to the classes and to set up your payments. If you do not do this, your Activefitwithmichelle account will be deleted. If you do, your membership will then have a monthly subscription which will run for an initial 6 monthly period, and then change to a rolling monthly contract thereafter and payment will be taken on the 1st of each month.
G. Your membership fees are subject to periodic increases. Fees will normally be reviewed on an annual basis, but circumstances may dictate an earlier revision. You will be given one months-notice of any fee change.
H. All payments made are non-refundable under any circumstances, except in relation to a cooling off period.
I. Freezing Period: Members can apply for a freezing period due to change in physical ability, pregnancy, or loss of job. Each application will be looked on an individual case. This should be done in writing to head office (info@actovefitwithmichelle.co.uk). 

FACILITIES AND SERVICES
A. In order to gain access to our classes you must book in on the website.
B. A Christmas break will apply to all classes. (Dates will be confirmed in advance with at least 4 weeks’ notice)
C. Any additional closure dates will be disclosed to you with at least 4 weeks’ notice.
D. If we have to close unexpectedly due to any reason, an additional session will try to be arranged but where this is not possible either a refund or a discount on the next months fees will come into play.
CLASS AND WEBSITE USAGE RULES
A.The tools and information on the Activefitwithmichelle site are intended as an aid to weight loss, weight maintenance, and to improve health and do not offer medical advice.
B. If you suffer from, or think you may suffer from, a medical condition you should consult your doctor before starting a weight loss and/or exercise regime. If you decide to start exercising after a period of relative inactivity you should start very slowly and consult your doctor if you experience any discomfort, distress, or any other symptoms. If you feel any discomfort or pain when you exercise, do not continue.
C.The tools and information on the Activefitwithmichelle site are not intended for women who are pregnant or breast-feeding (unless part of the Pre and Post-natal section), or for any person under the age of 16 ( unless part of the children’s exercise classes).
D. Activefitwithmichelle uses information provided by manufacturers, producers and retailers and does not recommend or warranty any claims made for any product.
CLASS USAGE RULES
A. We may cancel or suspend your membership without notice if you break these rules.
i. You must wear appropriate clothes and shoes to the classes. i.e. No jeans or flipflops are permitted ( Activefitwithmichelle have their own range of workout gear available at www.savagegymwerar.co.uk ( AFWM15 for 15% discount), if you choose to buy from here then please add Activefitwithmichelle to the order notes to ensure our logo is added to T-shirts, Vests and Jackets)
ii. You must not put the health, safety or wellbeing of other members or Activefitwithmichelle Instructors at risk.  If you do you will be held solely liable for and held accountable for any court proceedings or other resulting actions.
iii. Allow other people to use your membership to attend classes.
iv. You must not behave in a violent, rude, or threatening way or in a manner which distresses or causes discomfort to other class members or Activefitwithmichelle Instructors.
B. We may refuse admission to or ask you to leave the relevant class if Activefitwithmichelle reasonably believe that you have broken any section of this paragraph. No refund will be given if you are asked to leave a class in such circumstances.
C. We are not legally responsible for any possessions you lose or that are damaged or stolen at the venue by anyone unless we have been negligent.
D. If you have an accident or injure yourself at one of our classes, you must report this to the instructor straight away. (Accident and incident forms will be completed in such cases and relevant medical advice seeked.  For insurance details please see our website www.activefitwithmichelle.co.uk )

WEBSITE USAGE RULES
A. We may cancel or suspend your membership without notice if you break these rules
i. Allow other people to use your Login to view your profile and other members information.
ii. You must not behave in a violent, rude, or threatening way or in a manner which distresses or causes discomfort to other members or Activefitwithmichelle Employees.

DATA COLLECTION
A. During the course of your membership, Activefitwithmichelle may collect certain personal information about you including personal details, financial details, and information about your health. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications via the website. You have the duty to keep your personal information up to date and to inform us of any significant changes.
B. Please contact the management if you have any questions or concerns about how Activefitwithmichelle will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
C. We reserve the right to take photographs/film of our classes (which may include you, provided your inclusion is incidental) for press and promotional purposes.
D. As a member of Activefitwithmichelle, you acknowledge that you have read and understand the provisions of the Privacy Policy and that you agree that Activefitwithmichelle may collect, use, process and disclose your personal information as described.
CANCELLATION BY YOU
Cancellation of your membership:
You can cancel your membership anytime within the first 14 days from the day of registration. After that you may cancel your membership with one months’ notice from your last payment day, i.e., one more payment will come out. This should be done by written confirmation to head office (info@activefitwithmichelle.co.uk) and no further payments will be taken. If you cancel your payments and do not pay your final months payment after your written notice, we will not allow you back to classes without you paying for that month and reserve the right to seek recovery of fees.
Cancellation by us:
A. We may cancel your membership without notice if you commit a material breach of this agreement including, but not limited to, a breach of the Class Rules, abuse or threatening behaviour or vandalism or other illegal activity.
B. We may cancel your membership with immediate effect if:
i. you have breached any terms and conditions of this agreement; or
ii. membership fees or other charges remain unpaid 7 days after the due date and such a breach is not remedied by you within seven days, after being notified by us.
C. We may cancel your membership with immediate effect if your Class permanently ceases operation.

SUSPENSION
Suspension of your membership:
You may suspend your membership for a month with one months’ notice from your payment day, i.e., one more payment will come out and your next one will be suspended. This should be done by written confirmation to head office (info@activefitwithmichelle.co.uk) and no payment will be taken for a month. Unless you have confirmation in writing from head office (info@activefitwithmichelle.co.uk), you will not have access to the classes during the month of suspension. 




FORCE MAJEURE
A. For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of Activefitwithmichelle including but not limited to strikes, lock-outs or other industrial disputes (whether involving Activefitwithmichelle or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, or due to any Covid related instances.
B. Activefitwithmichelle shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
C. If the Force Majeure Event prevents Activefitwithmichelle from providing any of the services for more than 90 days, Activefitwithmichelle may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you.
GENERAL
A. Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
B. Where a provision of this agreement is deemed to be invalid or unenforceable by any English Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
C. We may assign or transfer the benefit of this agreement our obligations under it, to any other legal entity at any time without notice to you.
D. All and any Intellectual Property Rights in or arising out of or in connection with the services provided or in relation to this agreement shall be owned by Activefitwithmichelle.
E. Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
F. Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
G. This agreement shall be governed by English law and the English courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it.