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1               TERMS OF WEBSITE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.ministryofsound.com/fitness (“Our Site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use Our Site. By using Our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using Our Site.  We reserve the right to change the terms of the Site from time to time without notification to you.

2               INFORMATION ABOUT US

www.ministryofsound.com/fitness is a site operated by Music Fitness Experience Limited (“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.

3               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.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

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.

4               DEFINITIONS

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/s 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; and
  • “Website” www.ministryofsound.com/fitness

 

  • USERS OF OUR CLASSES
  • You must be aged 18 years or over to attend any of our Classes or to use any of our facilities at the Clubs.
  • You agree to comply with our Class rules which you can see online or displayed in all of our locations. The access rules relate to our opening hours, use of our facilities and your conduct.
  • Instructors and Classes are subject to change.
  • 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.
  • 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 Ministryof Sound Fitness or its commercial partners.

 

6               HEALTH STATEMENT

By attending Ministry of Sound Fitness 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.

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.

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.

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.

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 Form is available here or a hard copy is available within our facility.

7               BOOKING A CLASS

    1. You can check availability and book Classes in advance online via our Site. When you book a Class, one Credit will be deducted from your account.
    2. Classes are subject to availability.
    3. You may cancel a booking up to 12 hours before the Class. We operate a 12-hour cancellation policy. 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 lost or you are eligible to pay the £7 no show fee if you hold either a monthly rolling pass or introductory 1 week unlimited pass. The card saved to file will be charged should you fail to contact the team directly on the day of the missed class or cancellations outside of the 12- hour window. Email burpees@ministryofsound.com out of opening hours or call 020 7740 8726 to speak to the team
    4. If you cancel your class with less than 12 hours’ notice, you'll lose your booking and a refund will be at our sole discretion.
    5. 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, payment will / will not will be deducted from your card.
    6. If you join the waitlist and a space becomes available, you will be automatically added to the Class no less than 3 hours before. You will be notified by e-mail and text message if you are added to a Class.
    7. Waitlist entries will be allocated when a place becomes available, up until 3 hours before the class start time - ensure that you remove yourself from the waitlist if you don't think you'll be able to make it to a class on time. You can cancel your waitlist at any time up until allocated for a full refund.
    8. If you join the waitlist and a place on the fully booked Class does not become available, you will be notified by e-mail and text message. The amount debited from your account to join the waitlist will be refunded.
    9. If we cancel a class, your money will be refunded.
    10. Monthly rolling Pass Terms:

      - The pass is not to be shared and only to be used by the named person on the registered billing account and allows unlimited usage of the studio timetabled regular classes. This excludes ticketed events

      - 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 fail to email or call the studio with at least 12 hours notice, emailing burpees@ministryofsound.comor calling 02077408721

      - A rejoining fee of £49 will be applied should the holder of the pass look to return to the pass within 1 month of ending the initial pass. To prevent future billing to occur the holder of the pass must email burpees@ministryofsound.com with at least 5 work days notice before the pass is set to renew.

      - 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 3 working days notice to cancel the pass from rolling on to the next billing date. 
    11. Packages, rolling passes and event tickets are non refundable or transferable to other accounts once purchased.

    12. Entrance to the class will not be allowed past the advertised time due to health and safety of the user and other attendees. 

8               INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in Our Site, 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 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 in breach of these terms of use, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9               OUR SITE CHANGES REGULARLY

We aim to update Our Site regularly, and may change the content at any time. If the need arises, we may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and we are under no obligation to update such material.

10            OUR LIABILITY

The material displayed on Our Site 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.

11            INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using Our Site, you consent to such processing and you warrant that all data provided by you is accurate.

12            VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse Our Site 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.

13            LINKING TO OUR SITE

You cannot link to our home page or create a link to any part of Our Site 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.

14            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 of use 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, please address those by sending us a ‘Contact Us’ form at burpees@ministryofsound.com.

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