TERMS & CONDITIONS
ZERO44 PERFORMANCE TERMS & CONDITIONS AND WAIVER POLICY
This Site is owned and operated by ZERO44 PERFORMANCE. ZERO44 PERFORMANCE is the trading name of ZERO44 Strength and Fitness Ltd. Registered in England Business No.10042521
These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the services provided by ZERO44 PERFORMANCE on the site and in our facility. Please read these terms and conditions carefully.
Your use of the Site, the purchase of any Products or Services on this Site or in our Facility will be subject to these terms and conditions. And you now hereby agree to our terms and conditions.
1. CANCELLATION POLICY
(1.1) Cancellation of PT and Group Coaching
Cancellations made with less than 24 hours notice will incur the full charge of the session as standard. Individual PTs and Coaches reserve the right to deviate from this as they see fit and it is your responsibility to ensure you know the cancellation policy of the individual trainer. The session may be re-booked but a full, new payment will be required at the time of booking.
(1.2) Membership policy
Membership is a rolling contract. The minimum membership length is 2 payment periods (two payments from the start of membership). All monthly fees must be paid in full, regardless of usage. There is no refund in whole or in part. Memberships are non-transferrable. If you pay for a month and cannot attend you are not entitled to a refund or extension. You are free to upgrade/downgrade your membership from month to month by choosing and paying for a different package. Cash membership payments are not accepted except as a one-off by prior agreement. ZERO44 PERFORMANCE will not offer refund in whole or in part, or extension based on periods of illness, injury or vacation. Any monthly membership payments cancelled accidentally or deliberately will incur a £25.00 admin charge for reinstatement.
If you cancel your membership and were on a deal/price we no longer offer, you will not be entitled to this offer again if you decide to re-join.
In the event of ZERO44 PERFORMANCE being full, we will create a waiting list for new members. If you cancel your membership, your place will be given to the first person on our waiting list, and you will go on this waiting list and will have to wait until there is a free membership place before you can re-join.
(1.3) Cancellation of membership
Membership is for a minimum of 2 payment periods (two payments from the start of membership) you are free to cancel after this time. ZERO44 PERFORMANCE do not operate longer contract periods, but reserve the right to do so in the future, in which case members will be given a choice and the existing 2 payment period will still operate. If you purchase a membership, ZERO44 PERFORMANCE operate a 14-day cooling-off period, during which time you may cancel your membership provided no sessions have been used and/or no bookings made.
Should a member wish to terminate their membership agreement, a letter of their intent should be received by ZERO44 PERFORMANCE on the day of receipt the minimum termination period will begin.
If a Direct Debit instruction is returned to ZERO44 PERFORMANCE as unpaid as a result of membership cancellation without prior notice of intent, it will result in a charge being incurred by ZERO44 PERFORMANCE that will ultimately be passed on to the member and may involve a third-party debt management company if necessary.
(1.4) Cancellation of inductions
Cancellations made with less than 24 hours notice will incur the full charge of the induction. The session may be re-booked but a full, new payment will be required at the time of booking.
Sessions are always subject to availability but we at ZERO44 PERFORMANCE will always do our best to accommodate you. All memberships and sessions must be prepaid and you agree to our 24hr notice policy when cancelling and/or rescheduling. If you’re booked into a session, but miss it or cancel with less than 24 hours’ notice, you will be charged for it.
Bookings are made through the office. Please call 07415 310635 (if there is no answer please leave a message and we will get back to you within 24hrs), visit the facility at Unit 20, KING STREET TRADING ESTATE, MIDDLEWICH, CHESHIRE, CW10 9LF or email us via our Contact Us page. Trainers and sessions are subject to change.
Your use of the Site, the purchase of any Products or Services on this Site or in our Facility will be subject to these terms and conditions. And you now hereby agree to our terms and conditions.
(1.5) Refunds and cancellations
Memberships are sold as All Access Membership subject to accordance with sessions permitted or in additional combinations as ZERO44 PERFORMANCE may introduce. The Client shall not transfer sessions to any other person or permit them to be used by anyone other than the Client’s. Any assignment, transfer or disposal of courses is at the sole discretion of ZERO44 PERFORMANCE and may only be permitted in exceptional circumstances. Memberships and session fees are non refundable.
2. IMPORTANT LIABILITY STATEMENT
(2.1) The information available on or through this Site, and the Services supplied via or in connection with this Site or at the ZERO44 PERFORMANCE facility do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. Before commencing any exercise regime, you should consult your doctor.
(2.2) It is also vital that you supply us with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on this web site (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this web site or provided through any Service supplied by us to you.
(2.3) You, your legal representatives and your heirs release waive, discharge and covenant, not to sue ZERO44 PERFORMANCE and its trainers for any injury or death caused by their negligence or other acts.
3. WARRANTIES
(3.1) ZERO44 PERFORMANCE warrants that the Products and Services will be supplied with reasonable skill and care.
4. STATUTORY RIGHTS AND CANCELLATIONS
(4.1) Memberships are sold as All Access Membership subject to accordance with sessions permitted or in additional combinations as ZERO44 PERFORMANCE may introduce. The Client shall not transfer sessions to any other person or permit them to be used by anyone other than the Client’s. Any assignment, transfer or disposal of courses is at the sole discretion of ZERO44 PERFORMANCE and may only be permitted in exceptional circumstances. Memberships and session fees are non refundable.
(4.2) Any booked sessions must be cancelled within 24 hours, in person or by telephone. In any other case, the session will be charged and deducted from the remainder of the Client’s membership. When you are purchasing sessions or memberships you are paying for a session and not a trainer. Trainers are subject to change without notice.
(4.3) The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase.
5. DEFINITIONS
(5.1) In these terms and conditions, the following definitions apply:
“Services” means any information and services ordered and/or provided by ZERO 44 Strength and Fitness through or via the Site or our facility and all services offered as part of any course or workshop.
Any electronic information supplied to you by ZERO44 PERFORMANCE will constitute part of “Service” not a Product and cancellation rights will apply accordingly.
“Products” means any products offered for sale on the Site or in the ZERO 44 Strength and Fitness facility.
“Site” means the website at the URL ZERO44.CO.UK or replacement site(s) from time to time.
6. SITE USAGE AND INTELLECTUAL PROPERTY RIGHTS
(6.1) You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose.
(6.2) Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any Materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trademark or other intellectual property right notices contained in any Materials or copies thereof.
(6.3) You must not use this Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other website or damage or destroy the reputation of ZERO44 PERFORMANCE.
(6.4) ZERO44 PERFORMANCE accepts no obligation to monitor the use of the Site, but reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation.
7. YOUR PERSONAL INFORMATION
(7.1) Usage of your personal information is governed by the ZERO44 PERFORMANCE privacy policy, which forms part of these Terms and Conditions. All personal details and information are kept strictly confidential.
8. LIABILITY
(8.1) You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, ZERO 44 Strength and Fitness does not enter into conditions, warranties or other terms in relation to the Site or the Products or the Services or any guaranteed or predicted result.
(8.2) The Site may include links to external sites and co-branded pages. ZERO44 PERFORMANCE has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting, However, ZERO 44 Strength and Fitness is not responsible for the content of these sites and pages or for anything provided by them.
(8.3) Subject to the important liability statement, ZERO44 PERFORMANCE is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
Suspension and termination of Service
(8.4) ZERO44 PERFORMANCE may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.
(8.5) ZERO44 PERFORMANCE may terminate the Service immediately in the event you breach any of these terms and conditions or do not pay any sums due to ZERO44 PERFORMANCE (including if the credit/debit card you use is not valid or does not work for another reason). If a Direct Debit instruction is returned to ZERO44 PERFORMANCE as unpaid as a result of payment/card cancellation without prior notice of intent, it will result in the charge that will ultimately be passed on to a third-party debt management company if necessary.
9. CONTRACT INFORMATION
(9.1) No contract will exist in relation to the Services or Products until we have confirmed to you by email the particulars of your order, the value of your order and the Products or Services (as applicable) you have purchased.
10. PRICING
(10.1) Information displayed on the Site or in our facility as to pricing and availability is subject to change by ZERO44 PERFORMANCE without notice.
11. GENERAL
(11.1) ZERO44 PERFORMANCE may change these terms and conditions from time to time.
(11.2) By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
(11.3) These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
12. ENQUIRIES OR COMPLAINTS
(12.1) If you have any enquiries or complaints email us through our Contact Us page.