Terms & Conditions | Milestone Fitness

1) Introduction:

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Milestone Fitness, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Milestone Fitness and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Milestone Fitness and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

2) Group Classes:

a) Booking

Your booking is unique to you and is not transferable to another person.
For single class bookings, payment will be taken at the time of booking through our online booking system.
For 6 week block bookings, payment should be made via BACS within 24 hours of booking to secure your place. BACS payment details are included in your booking confirmation email.
When booking a class for the first time a pre-screening questionnaire must be completed in advance of the class. If applicable, a follow up questionnaire or consultation with a healthcare professional may also be required.
When purchasing either a single class or 6 week block, bookings will be open up to 24hrs prior to the class start time (subject to availability).
6 week block to be used over the 6 week period of consecutive classes. No refunds issued for classes missed.
If you place a booking and do not receive confirmation of successful completion, please check your spam folder, or get in touch.

b) Participation

For Prenatal Strength class, you must be 14 weeks+ and have no absolute contraindications to exercise. If you have any relative contraindications to exercise, please ensure you speak with your GP before commencing exercise.
For Postnatal Strength (mums + babies) and Postnatal & Beyond classes you must be at least 6 weeks post birth and signed off by your GP or physio to commence exercise.
For all classes you must fill out a pre-screening form prior to participation to ensure you are safe to exercise.

c) Class Times & Location

Class times and locations may be subject to change, but this will be communicated in advance.

d) Extreme Weather – Outdoor Classes

We will endeavour to run outdoor classes in all weathers and adapt sessions accordingly. However, in extreme weather conditions classes may be held online. If this is the case, you will be contacted at least two hours prior to the start time.

e) Cancellations and Refunds

Classes booked as a one off session are non-refundable if cancelled within 24h of the class start time.
We have the right to cancel classes without refund in exceptional circumstances beyond our control (including but not limited to fire, flood, vehicle breakdown, serious illness, treacherous snow etc). Wherever possible we will either run an online class or reschedule a class for an alternative time.
In the event of a lockdown or similar situation preventing face to face sessions then these will either be run online or rescheduled for a later date.

f) Health & Safety

For all face-to-face classes, the instructor is responsible for ensuring any equipment provided is in good working order and ensuring a safe exercise environment.
For any online classes, you are responsible for ensuring the safety of your exercise environment and any equipment you use.

g) Babies & Toddlers

Babies up to crawling stage are welcome along to our “Postnatal Strength (mums & babies)” classes.
If your child is present with you during a session, you are fully responsible for their health and safety.

h) Trainer Obligations

Your instructor is a fully qualified fitness instructor and personal trainer with an additional qualification in prenatal and postnatal exercise prescription.
The instructor will use their skills and knowledge to design a suitable exercise class for participants where options will be given for modifications, regressions, progressions etc.

i) Responsibilities of the Client

Please disclose to your instructor if you should not take part in physical activity. Your trainer cannot be held liable in any way for any undeclared or unknown conditions.
You agree to complete your online registration form and your pre-screening form with accurate information.
Where alternative exercise options are provided, all individual participants are responsible for ensuring they only take part in exercises that are safe and appropriate for them to do without causing any discomfort or pain. Please speak to your instructor if you feel any discomfort or pain, and / or need any alternatives.
You understand that there are inherent risks in participating in a physical activity class.
Should you experience any abnormal symptoms during the exercise session please report it to your instructor straight away.
If you have an accident or injure yourself at one of our classes, you must report this to the instructor straight away.
If you sustain or claim to sustain an injury whilst participating in class, you acknowledge that the trainer is in no way responsible and you therefore release Jennifer Marshall of Milestone Fitness from any liability with respect to any damage or injury that you may suffer whilst exercising.
Please keep all possessions safe during classes. We will not take responsibility if valuables are damaged, lost or stolen.
Your participation is voluntary, and you can change your mind or stop the session at any point.
You understand that the results of any fitness class cannot be guaranteed. Your progress depends on your effort and commitment in and outside of class.

j) Class Rules

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 the instructor.
We may refuse admission to or ask you to leave the relevant class if your instructor reasonably believes that you have broken any section of the above statement. No refund will be given if you are asked to leave a class in such circumstances.

k) Photo Permissions

We allow photos to be taken by participants during sessions but only of yourself and your own child if they are attending - we ask for the respect of other participant’s wishes and that they, or any child attending with them, are not photographed nor placed on social media sites without their consent.
We reserve the right to take photographs or film of our classes, which may include you and your children, and to use this content for marketing, press and promotional purposes.

3) Online Account:

a) To book our services, you will need to create an account. You will be responsible for keeping your account password secure and confidential. You must notify us immediately of any breach of security or unauthorised use of your account that you become aware of.

b) You agree that you shall not give your login details to anyone else. If you share your account or details with someone else, you accept full responsibility for the consequences of this (including any unauthorised purchases).

c) You must keep your contact details in your online customer account up to date because we use this information to contact you if classes are to be held online or are cancelled.

d) We have the right to disable any account, at any time, if in our opinion you have failed to comply with any of these terms and conditions.

e) As an account holder, you acknowledge that you have read and understand the provisions of the Privacy Notice found on our website and that you agree that we may collect, use, process and disclose your personal information as described.

4) Competitions / Incentives:

a) Discount codes and / or prizes may be given at the discretion of the business owner by means of an offer, an incentive, or a competition prize. Discount codes are only applicable to single sessions not class plans.

b) There are no alternative prizes or incentives than those offered at the time, and no cash equivalent.

c) Prizes cannot be transferred.

d) Closing date is on the end date given for each competition.

e) Winners of any prize draw competition will be drawn at random from all entries and will be notified within 14 days. Winners agree to the use of their name, social media handle and picture of them in any promotional activity referring to the competition.

4.1) Birthday Social Media Competition March 2024:

Competition closes Midday Good Friday 29th March 2024.
Only 1 winner (across both the Prenatal and Postnatal Strength Blocks) will be selected at random.
The winner will be notified within 24 hours of the competition closing date - this means on Saturday 30th March 2024.
The winner will be contacted via email - please ensure you consent to email communications from Milestone Fitness as part of your online block booking process and check your spam folder just in case.
Please ensure you make the full payment for the block within 24 hours of booking as per standard booking practice/ request.
The single winner will be refunded half of the total cost of their block as an online bank transfer or they can use a credit towards a future block.
This competition is not affiliated by Instagram or Facebook.

5) Liability:

a) We are not liable if you ignore our recommendation, at any time, to seek medical advice.

b) We do not accept liability for any errors and omissions and reserve the right to change information, descriptions and prices of listed packages and services. The trainer will do their best to correct errors and omissions as quickly as possible after being notified of them.

6) Intellectual property and acceptable use:

a) All Content included on the Website, unless uploaded by Users, is the property of Milestone Fitness, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights.

Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.

b) You may, for your own personal, non-commercial use only, do the following:

1. retrieve, display and view the Content on a computer screen.

2. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Milestone Fitness.

c) You may not use the Website for any of the following purposes:

1. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;

2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

d) Links to other websites

1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Milestone Fitness or that of our affiliates.

2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

e) Privacy Policy

1. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference.

f) Availability of the Website and disclaimers

1. Any online facilities, tools, services or information that Milestone Fitness makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Milestone Fitness is under no obligation to update information on the Website.

2. Whilst Milestone Fitness uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

3. Milestone Fitness accepts no liability for any disruption or non-availability of the Website.

4. Milestone Fitness reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

g)To the maximum extent permitted by law, Milestone Fitness accepts no liability for any of the following:

1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

2. loss or corruption of any data, database or software;

3. any special, indirect or consequential loss or damage.

h) General

1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

3. These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

I)Attribution

1. These terms and conditions were part created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).