- TERMS OF SERVICE
- INFORMATION ABOUT US
www.ministryofsound.com/fitness is a site operated by Ministry of Sound Fitness Limited (“Ministry of Sound Fitness” or “we” or “us”or“our”). We are registered in England and Wales under company number 9622206 and have our registered office at 103 Gaunt Street, London SE1 6DP, United Kingdom.
- ACCESSING OUR SITE
Access to Our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on Our Site without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of Our Site, or our entire site, to users who have not registered with us.
You are responsible for making all arrangements necessary for you to have access to Our Site.
You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms, and that they comply with them.
When the following words with capital letters are used in these Conditions, this is what they mean:
“Class” any exercise class provided by us or on our behalf at the Club as part of the Services;
“Credit” Credits purchased via our Site and used to make bookings for Classes;
“Goods” any Goods offered for sale at any of our Clubs;
“Services” services available to you via this Site, including the Classes;
“Club” the Arches or any of our clubs as published on our Site from time to time;
“Website” www.ministryofsound.com/fitness; and
“App” the Ministry of Sound Fitness mobile app.
- USERS OF OUR CLASSES
i. You must be aged 18 years or over to attend any of our Classes or to use any of our facilities at the Clubs.
ii. You agree to comply with our Class rules which you can see on Our Site in our FAQ section. The access rules relate to our opening hours, use of our facilities and your conduct.
iii. Instructors and Classes are subject to change.
iv. We reserve the right to refuse you access to the Clubs and suspend or terminate your use of the Services if we reasonably consider that your conduct is damaging to our reputation, is in breach of these Conditions or would otherwise be in the interests of other users of the Clubs or participants in our Classes.
v. By attending our Classes you consent to us taking photographs and/or videos of you whilst attending the Classes. You irrevocably grant Ministry of Sound Fitness the right to use in perpetuity, throughout the world, without compensation, any photograph, likeness or video of you for marketing purposes in print, the internet or such other media used by Ministry of Sound Fitness for the promotion of Ministry of Sound Fitness or its commercial partners.
- HEALTH STATEMENT
i. By attending Ministry of Sound Fitness Classes, activities and other programmes, and using our premises, facilities and equipment (collectively, “Classes and Facilities”) you hereby agree that there are certain inherent risks and dangers involved in participating in the Classes. If you observe any hazard during participation, you will bring it to the attention of the nearest employee immediately.
ii. You accept and are aware that there are inherent risks associated with physical activity and participation in the Classes. Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but they range from:
1) minor injuries such as scratches, bruises and sprains;
2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks and concussions;
3) catastrophic injuries including paralysis and death; and
4) continual or long-term exposure to amplified music carries risk of hearing damage.
iii. The Club provides personal noise protection in the form of earplugs for its participants to use if desired. In consideration of being allowed to participate in and access the Classes, you hereby:
(1) assume full responsibility for any and all injuries or damage which are sustained or aggravated by you as a result of your participation in the Classes and/or use of the Facilities;
(2) waive, release and forever discharge Ministry of Sound Fitness, its officers, agents, employees, instructors, ambassadors, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in the Classes and/or use of the Facilities; and
(3) represent you have no medical or physical condition which would prevent you from attending any of Ministry of Sound Fitness Classes/Activities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so.
iv. Ministry of Sound Fitness hereby advises you that individuals with any chronic disabilities or conditions are at risk in participating in the Classes, and are advised against doing so. In addition, if in the opinion of Ministry of Sound Fitness staff or instructors, you would be at physical risk by attending the Classes, you will be denied access to the Classes until you supply Ministry of Sound Fitness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Ministry of Sound Fitness’s concerns, and stating that Ministry of Sound Fitness’s concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to participate in the Classes or use the Facilities.
v. Ministry of Sound Fitness reserves the right to refuse service at its discretion. For safety reasons, you are responsible for adhering to the above provision and agree to the conditions in the Health Commitment Statement which you agreed to when registering for an account on our website. A copy of our Health Commitment Statement and Release Formis available here or a hard copy is available within our facility.
- BOOKING A CLASS
i. You can check availability and book Classes in advance online via our Site, via our App or in the Studio. When you book a Class, one Credit will be deducted from your account.
ii. Classes are subject to availability and we do not guarantee that spaces will be available in any given Class, even if you have sufficient Credits in your account.
iii. We operate a 12-hour cancellation policy. You may cancel a booking up to 12 hours before the Class. This policy is to ensure fair usage of facilities across all members. If you do not cancel your booking outside of this 12-hour window OR miss the class entirely your class credit will be forfeited OR for unlimited pass holders, the card saved to file will be automatically charged a no show fee of £7 should you fail to contact the team directly on the day of the missed class or cancel outside of the 12- hour window. Email email@example.com out of opening hours or call 020 7740 8741 to speak to the team. Classes which are late cancelled and emailed to us within 2 hours of the class occurring will forfeit the loss of credit or £7 no show fee regardless.
iv. We have a strict no refund policy on class Credits if bookings are cancelled with less than 12 hours’ notice.
v. If the Class you wish to attend is fully booked, you may join a waitlist for the fully booked class. When you join the waitlist, a Credit will be deducted from your account only if you get added to the class. You will be notified via text if a spot becomes available and you will have the option of accepting or denying this spot. If you accept the spot, you will be added to the class and a credit will be deducted, if you deny the booking or no spots become available and you remain on the waitlist, no credits will be deducted. Once a booking is accepted your credit becomes applicable to the late cancelation and no show terms above.
vi. If we cancel a class, your Credit will be refunded. We will notify you either via email or my phone of any class cancellations.
Packages and Passes
i. To book a Class, your account must include at least one class Credit, unless specified at time of booking. One Credit entitles you to attend one Class.
ii. You can purchase Credits via our Website or App. Multiple Credits can also be purchased as packages at discounted rates (a “Package”).
iii. Price details for Credits are available on our Website and App and shall be such prices as determined by us from time to time.
i. Credits for our Intro Pack will expire 10 days from the date of the first class you book.
ii. Once purchased you have 7 days to book your first class.
iii. If Credits are not used within the expiry period, class credits associated will be forfeited.
iv. Our Intro Pack is available to new clients only and, once used, cannot be purchased by the same client again.
Multiple Class Pack
i. Credits purchased as part of a Package of 5 will expire in 2 months.
ii. 10 Credits will expire 3 months from purchase.
iii. Credits purchased as part of bundles of 20 Credits will expire 6 months from purchase.
iv. From time to time, we may offer further discount to our Credit bundles with a reduced expiry date. This will be made clear to you at the time of purchase. Credits cannot be extended beyond the expiry dates agreed at the time of purchase, unless in exceptional medical circumstances.
ii. Credits are transferable to other people, but any transfer or Package share of Credits needs to be emailed to firstname.lastname@example.org all parties involved need to be registered correctly on the Mindbody system and booked under the correct name into each Class.
iii. It is prohibited to allow someone to attend a Class under someone else’s membership or class credits and you should not allow anyone else to book Classes using your Credits.
iv. Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in these Terms.
v. Voucher codes are unique to each offer. Offers are subject to our discretion and may be withdrawn at any time and without notice. Vouchers cannot be re-used and are valid once per customer/per address.
vi. For some workshops, classes or events you may be required to purchase what is known a ticket in additional to your Package or membership. These tickets will have a different monetary value to standard credits and can only be used to book into specific workshops, classes or events. These tickets non-refundable and non-transferrable into class credits.
vii. Ministry of Sound Fitness reserves the right to change its fees from time to time in its discretion.
viii. For promotional sales, we may offer credit bundles that have a shorter expiry than the standard expiry dates of our bundles. This will be made clear at the point of purchase and in the confirmation email. We will not be able to extend these credits beyond the expiry date in any circumstances. Unused credits cannot be refunded or expiry date extended. No discounts are available on these Packages. Promotional offers are subject to our discretion at all times and may be withdrawn at any time and without notice.
Monthly rolling passes
i. The pass is not to be shared and only to be used by the named person on the registered billing account and, depending on the pass, allows limited or unlimited usage of the studio timetabled regular classes. This excludes ticketed events.
ii. To allow for fair usage of the facilities a £7 no show fee will be applied to the billing card on file, should the pass holder book a class and then fails to show up, or cancel within the 12 hour cancelation window without emailing or calling the studio, email email@example.com call 02077408741.
iii. The provider of the pass (Ministry of Sound Fitness) needs to give at least 30 days’ notice to the pass holder should any changes of the pass affect the current or future cycles of the pass. The named person on the billing account must email the provider with at least 5 working days’ notice to cancel the pass from rolling on to the next billing date.
iv. Unlimited pass holders will receive one free shower towel per visit included in their membership, all other pass and package holders will be charged £1 for each shower towel use.
v. Packages, rolling passes and event tickets are non-refundable or transferable to other accounts once purchased.
vi. Entrance to the class will not be allowed past the advertised time due to health and safety of the user and other attendees. If a member fails to show up in time for the start of the class, their spot may be re-allocated to a walk-in customer.
vii. You can request a membership freeze by giving at least 7 days’ notice by email to [firstname.lastname@example.org]. Once requested, a membership freeze is not guaranteed. A membership freeze will be granted at the sole discretion of Ministry of Sound Fitness.
viii. A membership freeze may be requested for a period of two weeks or more. Membership cannot be frozen for a period of less than two weeks.
ix. Memberships cannot be terminated during any confirmed membership freeze period.
- Buddy Credits
i. Rolling pass holders only are eligible to receive limited buddy credits as part of their membership. Each buddy credit must be used on someone who is new to the studio, and only one buddy credit can be issued to each buddy. Credits do not roll over, so any not used in each 30 day period will be forfeited.
ii. Unlimited pass holders get 4 buddy credits per month, 12 class monthly pass holders will get 3 buddy credits per month, 8 class monthly pass holders will get 2 buddy credits per month and 4 class monthly pass holders will get 1 buddy credit per month.
iii. To book in a buddy, the buddy must have already registered on the Mindbody system, and they can be booked in by the customer emailing email@example.com the name of their buddy, and the class time and day they wish to book them into and Front of House will log this and confirm once it has been done.
iv. Buddy credits are unable to be added to a waitlist of a class, and we reserve the right to prioritise paying customers over buddies when a class is over 80% full at the time the buddy credit is requested.
- PERSONAL BELONGINGS
You agree that Ministry of Sound Fitness is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
- INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in Our Site and App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on Our Site or App for commercial purposes without obtaining an express written licence to do so from us. If you print off, copy or download any part of Our Site or App in breach of these Terms, your right to use Our Site or App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- OUR SITE CHANGES REGULARLY
We aim to update Our Site and App regularly, and may change the content at any time. If the need arises, we may suspend access to Our Site or App, or close Our Site or App indefinitely. Any of the material on Our Site or App may be out of date at any given time, and we are under no obligation to update such material.
We cannot guarantee that this Website will operate in accordance with your expectations or will be error free. If you are aware of any error on Our Site or App please contact us by email at firstname.lastname@example.org and we will endeavour to correct it.
- OUR LIABILITY
The material displayed on Our Site and App is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Site or in connection with the use, inability to use, or results of the use of Our Site, any websites linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
- INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
- VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse Our Site or App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.
- LINKING TO OUR SITE
You cannot link to our home page or create a link to any part of Our Site or App and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw any unauthorised linking without notice.
- JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- YOUR CONCERNS
If you have any concerns about material which appears on Our Site or App, please address those by sending us a ‘Contact Us’ form at email@example.com.