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Terms of Service

Website Terms and Conditions

 

Effective Date: 01st November 2023

 

  1. Website Owner**

 

The Lab 51 Fitness Studio website (www.lab51fitness.com]) is owned and operated by Lab 51 Fitness Studios LTD, a company registered in United Kingdom.

 

  1. Offering and Binding of Terms**

 

By accessing and using the Lab 51 Fitness Studio website, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms, please do not use our website.

 

  1. Who Can Use Our Website; Account Requirements**

 

a. Users must be at least 18 years of age to use this website.

 

b. Some areas of the website may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

 

c. Lab 51 Fitness Studio reserves the right to refuse service, terminate accounts, or restrict access to the website at our discretion.

 

  1. Services

 

4.1 References to “Services” in these terms means the training, coaching and/or related services you purchase from us which may comprise one or more of the following (as agreed in writing between us):

 

(a) Personal Training – one-to-one or one-to-two sessions with a trainer at one of our LAB51 gyms, together with nutritional advice;

(b) Virtual Training – one-to-one or one-to-two sessions with a trainer through our Lab51 Training app, together with nutritional advice;

(c) Group Training – group training sessions with one of our Lab51 trainers;

(d) Online Personal Training – one-on-one coaching session using Lab51 exercise programmes, nutritional guidelines and advice via distance communications; and

(e) The provision of training programmes, nutritional guidelines and associated advice via distance communications.

Reference in these terms to a “Session” means an individual Personal Training session at one of our Lab 51 Fitness Studio. Group training session at one of our Lab 51 Fitness Studio.

 

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

 

  1. Information about us and how to contact us

5.1 Who we are. We Lab51 Fitness Studios Ltd, a company registered in England, registered address at 1A Bickley Road, London E107AQ. Trading as Lab 51 Fitness

 

5.2 How to contact us. You can contact us by telephoning +447378602641 or by emailing us at admin@lab51fitness.com or writing to us at1A Bickley Road, London E107AQ

 

5.3 How we may contact you. If we have to contact you we will do so by telephone, via call or whatsapp, or by writing to you at the email address or postal address you provided to us in your order.

 

5.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

  1. Our contract with you

6.1 How we will accept your order. Our acceptance of your order will take place when we notify you in writing (usually by email) to tell you that we are able to provide you with the Services, at which point a contract will come into existence between you and us.

 

6.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Services or because we are unable to provide you with Services based on information you provide to us, including in respect of your health and medical background in which case we will provide an explanation to you.

 

  1. Physical Activity Readiness Questionnaire (referred to as PARQ)

7.1 You confirm that you have read, understood and answered the health questionnaire honestly and in good faith. You agree that we are entitled to refuse to provide Services to you, or cease providing Services to you, if the information provided in the health questionnaire is incomplete or inaccurate, or because the information you have provided in the health questionnaire means that it may be unsafe for us to provide Services to you.

 

  1. Health and Safety Terms

8.1 You understand and agree that:

 

(a) any nutritional guidance provided to you is targeted at body composition and not at any medical issues or concerns you may have;

(b) the human body is complex and unpredictable and so provision of the Services carries an inherent risk of physical injury to you.

8.2 You confirm that:

 

(a) to the best of your knowledge, you are medically and physically able to safely participate in the Services; and

(b) you will update us throughout the Services of any changes to your health and about any medical issues that arise, including if you feel unwell and irrespective of whether you feel the issue to be minor, trivial or irrelevant. This applies to all conditions, issues and concerns whether or not you have received a medical diagnosis.

8.3 We strongly recommend that you seek and obtain the advice of a competent, qualified medical professional before you begin using the Services to identify any health or medical issues you have that may affect your use of the Services and to make sure that the Services are appropriate to you. You agree that, subject to clause 16.2, we shall not be liable for any injury or harm you suffer as a result of your use of the Services including where you have chosen to ignore our advice and use the Services without seeking and obtaining medical advice.

 

8.4 Any advice that you receive from us relates to exercise and nutrition for body composition purposes and is not a substitute for advice from a medical professional.

 

  1. Your rights to make changes

9.1 If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services, the timing of the Services or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

 

  1. Our rights to make changes

10.1 Minor changes to the services. We may change the Services:

 

(a) From time to time we may need to make changes to your allocated trainer;

(b) to reflect changes in relevant laws and regulatory requirements;

(c) to implement minor adjustments and improvements; and

(d) if your medical and health situation changes to an extent that requires amendments to the Services.

  1. Providing the Services

11.1 When we will provide Sessions. When we confirm your order by email we will confirm the number of Sessions you have purchased (if applicable) and the dates by which those Sessions should be used. If you do not use the Sessions within the specified timeframes, we are under no obligation to provide you with alternative Sessions.

 

11.2 When we will provide Services other than Sessions. Where you have purchased Services from us that do not involve Sessions, we will notify you in writing of the expiry date for the Services, if applicable. If you do not use the Services within the specified timeframes, we may agree to an extension to enable you to use the Services but we are under no obligation to do so. If you have purchased Online Personal Training Services from us, your subscription will commence on the day you make your first payment. Subscriptions are ongoing and payment will be taken from you on a rolling basis, as confirmed in our email to you. Subscriptions may be cancelled by emailing admin@lab51fitness.com, in which case your subscription will end at the end of the current billing period. We will provide a refund for any unused part of the Service for Online Personal Training in line with the following terms:

 

1-month subscription – As the majority of the service has been provided to you up front, no refund will be provided.

 

3-month subscription – Our policy is that 90% of the service is considered provided when your subscription commences, 95% of the service is provided from the date your subscription commences to the end of month 2, 100% of the service is provided from the date your subscription commences to the end of month 3. This means, a refund can only be issued in line with the above service provision. 7 days’ notice must be provided ahead of the billing date.

 

6-month subscription – 75% of the service is provided when your subscription commences, an additional 5% of the service is provided in each subsequent full month of your subscription. This means, a refund can only be issued in line with the above service provision. 7 days’ notice must be provided ahead of the billing date.

 

11.3 For Sessions related Services, we reserve the right to refuse to provide the service if you have not made payment. Sessions will only be completed on the basis that you have available credit in your account to pay for the session. In the event you have set up an autopayment, we will contact you if this payment fails for any reason.

 

11.4 For Services other than Sessions, we may also suspend the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 15.2 and 15.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend provision of the Services (including, where relevant, suspension of your subscription) until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not charge you for the Services during the period for which they are suspended.

 

11.5 We are not responsible for delays outside our control. If our performance of the Services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, and subject to section 16.2, we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.

 

11.6 Availability of facilities used as part of the Services. We cannot guarantee that all the facilities at any LAB51 gym are available at all times. They may be unavailable due to maintenance issues or due to equipment breakdown. Subject to clause 16.2, we do not have to pay you compensation for any service, facility or equipment being unavailable.

 

11.7 Reasons we may suspend the Services. We may have to suspend the Services to:

 

(a) deal with problems with facilities or equipment;

(b) update the Services to reflect changes in relevant laws and regulatory requirements; or

(c) make changes to the Services as requested by you or notified by us to you.

11.8 Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services unless the problem is urgent or an emergency.

 

  1. Your rights to end the contract

12.1 For Sessions related Services, you can always end the contract after the order has been accepted but before the Services have been paid for. You may contact us at any time to end the contract for the Services before the first payment is due in accordance with clause 15.1, but in some circumstances we may charge you certain sums for doing so, as described in clause 13.3.

 

12.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Services which have not been provided or have not been properly provided. The relevant reasons are:

 

(a) we have told you about an upcoming change to the Services or these terms which you do not agree to, this does not include any minor change described in clause 10.1;

(b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

(c) there is a risk the Services may be significantly delayed because of events outside our control; or

(d) you have a legal right to end the contract because of something we have done wrong.

12.3 What happens if you cancel Sessions. We reserve the right to charge you for any booked Session which is cancelled with 48 hours’ notice or less or which you do not cancel and fail to attend. To avoid incurring a charge, we will need written, printable proof that a booked Session was cancelled with more than 48 hours’ notice. If you are a member of the 100 Club (our exclusive club for individuals who have purchase more than 100 Sessions), we reserve the right to charge you for any booked Session which is cancelled with 24 hours’ notice or less, or which you do not cancel and fail to attend. To avoid incurring a charge, we will need written, printable proof that a booked Session was cancelled with more than 24 hours’ notice.

 

12.4 Failing to attend a Session. If you fail to attend Sessions or to contact your LAB51 Fitness trainer for a period of 30 days or more, we reserve the right to re-allocate your Trainer and you may lose your preferred Session slots. You may need to wait for a Trainer to become available to resume your Sessions.

 

12.5 Cancellation your subscription

 

Terms and Conditions:

 

Cancellation Policy: Clients may cancel their subscription to Lab51 Fitness at any time by providing written notice to our customer service team via email or through the designated cancellation form on our website.

 

Notice Period: A minimum notice period of [insert notice period, e.g., 30 days] is required for cancellations to take effect. The notice period begins from the date of receipt of the cancellation request.

 

Cancellation Fees: Clients may be subject to cancellation fees or penalties as outlined in their subscription agreement. These fees, if applicable, will be clearly communicated to the client upon signing up for the subscription.

 

Refunds: Lab51 Fitness does not offer refunds for cancellations made within the notice period. Any prepaid fees or charges for the remaining subscription term will not be refunded.

 

Cancellation Process: Upon receiving a cancellation request, Lab51 Fitness will confirm the cancellation and provide instructions on any necessary steps to finalize the cancellation process, such as returning equipment or discontinuing access to services.

 

Effect of Cancellation: Upon cancellation, clients will lose access to all Lab51 Fitness services and benefits associated with their subscription. Any outstanding payments or fees must be settled before the cancellation is finalized.

 

Reactivation: Clients may have the option to reactivate their subscription within a specified period after cancellation, subject to availability and any reactivation fees or terms outlined in their subscription agreement.

 

Changes to Terms: Lab51 Fitness reserves the right to update or modify these cancellation terms and conditions at any time. Clients will be notified of any changes in advance.

 

  1. Our rights to end the contract

13.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

 

(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due – please see section 15.2 and 15.3 for further information;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, completion of the health questionnaire; or

(c) you do not use the Services by the expiry dates notified to you in writing as explained in more detail in sections 11.1 and 11.2 above.

13.2 We may stop providing the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 14 days in advance of our stopping the Services and will refund any sums you have paid in advance for Services which will not be provided. In exceptional circumstances, at our discretion, we reserve the right to stop providing Services with immediate effect.

 

13.3 We may charge you an administration fee for refunding your Personal Training sessions. If LAB51 agrees due to extraordinary circumstances to cancel your sessions you will be refunded what remains on your client account less an administration charge of £30.00 GBP, or the equivalent in local currency in a gym outside of the United Kingdom. This does not supersede 12.3 above, any sessions not cancelled within 48 hours will be charged in full.

 

  1. If there is a problem with the services

14.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us by telephoning +447378602641 or by emailing us at admin@lab51fitness.com or writing to us at 1A Bickley Road, London E10 7AQ. Alternatively, please speak to a member of staff at one of our LAB51 gyms.

 

14.2 Nothing in these terms will affect your legal rights.

 

  1. Price and payment

15.1 Where to find the price for the Services. For Sessions related services, we will notify you in writing (usually by email) of the price payable for the Services as well as the date on which the first payment is due (the “Initial Due Date”). The price we quote to you will be valid until the Initial Due Date. If we have not received payment by the Initial Due Date, the price of the Services may change.

 

15.2 Where to find the due date for payment for Sessions. When we send you the confirmation email of your package, we will also confirm the autopayment instalments frequency, where applicable. The recurring payments will be collected based on Session usage. We reserve the right to pause future training if the payment fails. We will contact you to inform you if this is the case.

 

15.3 Where to find the due date for payment for Services not involving sessions. At the point of signing up with us, your first payment date is defined by the date you make payment to us. This date will become your monthly recurring payment date after your initial contract has ended. If we do not receive one or more of the payment instalments from you, we will notify you and require you to make such payment within 7 days of the date of our notification. If we do not receive payment in full and cleared funds from you of the outstanding amount within the 7 day period, we shall be entitled to cease providing Services to you and/or to end our contract with you.

 

15.4 Variation of price between Services. The price of the Services may vary depending on the LAB51 trainer who provides the Services to you and the location of the LAB51 gym at which the Services are provided. If you purchase additional Services, the price for such Services may vary from the price quoted and/or paid for your previous purchase of Services. If you wish to change your LAB51 trainer or the location of the gym at which the Services are provided during the provision of the Services, you may be required to pay additional fees as a result of the change. This will be notified to you in advance of us agreeing the change with you. We take all reasonable care to ensure that the prices of Services advised to you are correct. However please see clause 15.6 for what happens if we discover an error in the price of the Services you order.

 

15.5 Changes to pricing on Online Personal Training. We may change our subscription plans and the price of our service from time to time; however, any price changes or other changes to your subscription will be applied no earlier than 30 days following notice to you. You will have the opportunity to cancel your subscription before the change takes effect.

 

15.6 Discounts. We may provide discounts at our sole discretion. Any discount will be confirmed in writing to you.

 

15.7 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order.

 

15.8 What to do if you think an incorrect payment has been taken from your account. If you think an incorrect amount has been taken from your account by direct debit, please contact us promptly to let us know.

 

  1. Our responsibility for loss or damage suffered by you

16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us in writing during the sales process.

 

16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable skill and care.

 

16.3 We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity

 

16.4 Our other liability. Subject to clause 16.2 and without prejudice to clause 16.3, our total liability to you for any one event or series of related events shall be limited to a sum equal to 150% of the total amount paid by you for the Services giving rise to the liability in the 12 months preceding the date on which the liability first arose.

 

  1. Key Commercial Terms Offered to Customers**

Details of key commercial terms, including membership prices, class fees, and any promotional offers, can be found on our website. These terms are subject to change.

 

  1. Return and Refund Policy**

Our Return and Refund Policy is detailed on our website. Please review it for information on returns, cancellations, and refunds.

 

  1. Retention of Right to Change Offering**

Lab 51 Fitness Studio reserves the right to modify, suspend, or terminate any part of the website, including services, classes, and features, at any time, without notice.

 

  1. Warranties & Responsibility for Services and Products**

20.1. Lab 51 Fitness Studio does not provide medical, fitness, or professional advice. Consult a qualified professional before starting any new fitness or dietary regimen.

 

20.2. We make no warranties or representations regarding the accuracy, completeness, or reliability of the content on the website.

 

  1. Ownership of Intellectual Property, Copyrights, and Logos**

All content on the Lab 51 Fitness Studio website, including text, graphics, logos, images, and software, is the property of Lab 51 Fitness Studio or its licensors and is protected by copyright and other intellectual property laws. You may not use, reproduce, distribute, or modify any content from the website without our express written consent.

 

  1. Right to Suspend or Cancel User Account**

Lab 51 Fitness Studio reserves the right to suspend or cancel user accounts at our discretion.

 

  1. Indemnification**

You agree to indemnify, defend, and hold Lab 51 Fitness Studio and its affiliates, directors, officers, employees, and agents harmless from any claims, losses, damages, liabilities, costs, and expenses, including attorney's fees, arising from your use of the website.

 

  1. Limitation of Liability**

To the fullest extent permitted by law, Lab 51 Fitness Studio and its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, or any loss of profits or revenues.

 

  1. Right to Change and Modify Terms**

Lab 51 Fitness Studio reserves the right to modify these Terms at any time. We will post the revised Terms on the website, and the changes will be effective immediately upon posting.

 

  1. Promotional Emails and Content**

By using the website, you consent to receive promotional emails and content from Lab 51 Fitness Studio. You may opt out of receiving promotional emails at any time.

 

  1. Preference of Law and Dispute Resolution**

These Terms are governed by and construed in accordance with the UK law. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in the United Kingdom.

 

 

  1. Provisions Recommended for Websites with User Communities**

28.1. **User-Generated Content**: Users may post content on the website. Lab 51 Fitness Studio is not responsible for user-generated content but may moderate or remove content at its discretion.

 

28.2. **Community Guidelines**: Users must adhere to our community guidelines, which can be found on our website. Violations may result in account suspension or termination.

 

28.3. **User Conduct**: Users must respect the rights and privacy of others and agree not to engage in abusive, threatening, or harmful behaviour.

 

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