NOEXCUSESS LTD

MEMBERSHIP TERMS AND CONDITIONS

December 2024

 

1. INTRODUCTION

To ensure you fully benefit from your membership at NoExcuses and understand our mutual responsibilities, these are the terms and conditions on which we supply our services to you. 

Services. 

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):

• Group Personal Training – group sessions (consisting of no more than four individuals) with a trainer at one of our NoExcuses studios, together with personal training program, mobility workout plan and nutritional plan.
• Functional Interval Training – group sessions (consisting of no more than eight individuals) with a trainer at one of our NoExcuses studios, together with personal training program, mobility workout plan and nutritional plan.
• Online Personal Training – one-on-one coaching using NoExcuses exercise program, nutritional guidelines and advice via distance communications.

Please note, additional terms may apply if you sign up for Online Personal Training.

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.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

1. Who we are:We are NoExcusess Limited, a company registered in England with registration number 06279529 and registered address at Unit D, Central Square, Lakeside, Portsmouth PO6 3EN.

2. How to contact us: You can contact us by telephoning 023 938 13091 or by emailing us at [email protected]

3. How we may contact you: If we have to contact you we will do so by telephone, or by writing to you at the email address you provided to us in your order.

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

These terms apply to all members and guests, ensuring a safe and enjoyable environment at NoExcusess. They supersede any previous versions and take precedence over any verbal communications from our team.

3. OUR CONTRACT WITH YOU

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.

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.

4. HEALTH COMMITMENT STATEMENT

You confirm that you have read, understood and answered the health commitment statement (see appendix 1) 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.

5. HEALTH AND SAFETY TERMS

Your health is your responsibility. The NoExcuses team are dedicated to helping you take every opportunity to enjoy the services that we offer. With this in mind, we have carefully considered what we can reasonably expect of each other. 

1. You understand and agree that:

   1. any nutritional guidance provided to you is targeted at body composition and not at any medical issues or concerns you may have;
   2. the human body is complex and unpredictable and so provision of the Services carries an inherent risk of physical injury to you.

2. You confirm that:

   1. to the best of your knowledge, you are medically and physically able to safely participate in the Services; and
   2. 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.

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 13.2, 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.

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.

5. You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with your exercising safely, before you use our services you should get advice from a relevant medical professional and follow that advice.  

6. You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks.  

7. You should not carry out activities which you have been told are not suitable for you.  

8. If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our services, we will consider what adjustments, if any, are reasonable for us to make.  

9. If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.  

6. YOUR RIGHTS TO MAKE CHANGES

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.

7. OUR RIGHTS TO MAKE CHANGES

We may change the Services:

1. from time to time we may need to make changes to your allocated trainer;
2. to reflect changes in relevant laws and regulatory requirements;
3. to implement minor adjustments and improvements; and
4. if your medical and health situation changes to an extent that requires amendments to the Services.

8. PROVIDING THE SERVICES

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. 

1. No refunds will be provided once payment has been made.

2. 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.

3. 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 13(b), 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.

4. Availability of facilities used as part of the Services. We cannot guarantee that all the facilities are available at all times. They may be unavailable due to maintenance issues or due to equipment breakdown. Subject to clause 13(b), we do not have to pay you compensation for any service, facility or equipment being unavailable.

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

   1. deal with problems with facilities or equipment;
   2. update the Services to reflect changes in relevant laws and regulatory requirements; or
   3. make changes to the Services as requested by you or notified by us to you.

6. 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.

9. YOUR RIGHTS TO END THE CONTRACT

1. You can terminate the contract subjecto to providing 30 days’ written notice to us. We will confirm receipt of your notice within 5 days. If you do not receive this, contact us immediately.

2. What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (i) to (iv) 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:

   1. 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;
   2. there is a risk the Services may be significantly delayed because of events outside our control; or
   3. you have a legal right to end the contract because of something we have done wrong.

3. What happens if you cancel Sessions? 

You will need to provide no less than 24 hours’ notice that you wish to cancel a Session. If you fail to do so, the Session will be deducted from the number of sessions availabe on your account.

4. Failing to attend a Session. If you fail to attend Sessions or to contact your NoExcuses 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.

10. OUR RIGHTS TO END THE CONTRACT

1. We may end the contract if you breach the terms & conditions in this document. We may end the contract at any time by writing to you if:

   1. 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 sections 12(a) and 12(b) for further information;
   2. 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
   3. you do not use the Services by the expiry dates notified to you in writing as explained in more detail in section 8 above.

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 

11. IF THERE IS A PROBLEM WITH THE SERVICES

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 023 938 13091 or by emailing us at [email protected]

2. Nothing in these terms will affect your legal rights.

12. PRICE AND PAYMENT

1. Where to find the price for the Services. We will notify you in writing 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.

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 (usually every 4 weeks), where applicable. We reserve the right to pause future training if the payment fails. We will contact you to inform you if this is the case.

3. Please note, that any sessions purchased will only be valid for 6 weeks from a start date to be agreed upon between both parties. If the sessions are not used within six weeks, these will no longer be valid and your account will deduct the sessions from your total allowance. 

4. Review of fees.We reserve the right to review our fees on an annual basis. We will provide you with a written notice confirming details of any fee changes 60 days in advance of the change being implemented. 

5. 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.

6. 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, please contact us promptly to let us know.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

1. We are not liable for personal property loss or damage unless due to our negligence.

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.

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

4. Our other liability. Subject to clause 13(b) and without prejudice to clause 13(c), 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.

14. OTHER IMPORTANT TERMS

1. Identity verification. Prior to commencing the Services, we will be permitted to carry out identify verification for all members.

2. Zero-tolerance behaviour. We have zero tolerance for abuse towards staff or members. Membership may be cancelled for breach of terms or inappropriate behaviour.

3. Contact information.Keep us updated on any changes to your contact information. Notices from us to you are effective when sent to your last known contact details.

4. Data Protection.Your data is handled as per our privacy policy, available on our website.

5. Car park. Parking is at your own risk and only whilst using the studio facilities.

6. Animal Admission Policy. The entry of animals into the club premises is strictly prohibited, with the sole exception being certified assistance dogs.

7. Compliance with Health and Safety Directives.Members and guests are obliged to adhere scrupulously to all health and safety signage within the club’s premises. Should any signage be unclear, members are encouraged to seek clarification from club personnel immediately.

8. Fire Safety Procedures. In the event of a fire or activation of the fire alarm system, members are required to evacuate the premises promptly via the nearest marked exit, converging at the pre-designated assembly area located in the car park.

9. Mandatory Reporting of Incidents. Any accidents or injuries incurred within the club’s premises must be reported without delay to the on-duty senior manager, including a detailed account of the incident’s circumstances.

10. No Smoking Policy. Smoking within the club’s facilities is strictly forbidden, in adherence to legal health regulations and policies.

11. Code of Conduct and Dress Code. Members are expected to uphold a standard of conduct characterised by respectfulness, politeness, and appropriate dress at all times within the club. Failure to adhere to these standards may result in denial of entry or expulsion from the premises.

10. Restrictions on Club Use during Illness. Members are advised against the use of club facilities when afflicted with any contagious or infectious illness or condition, in the interest of public health and safety. You should let us know immediately if you feel ill when using our Services. 

12. Photographs and Videos

    1. You may take photographs and video recordings in your club for your own personal use provided that you keep to these rules and any extra rules displayed at your club. 
    2. You must not take photographs or videos of any children under 18 other than your own. 
    3. Anyone who appears in your photographs or videos must be aware that you are filming them and you must get their permission first. 
    4. You must not take photographs or video recordings in a changing area, or toilet facility. 
    5. If another member is unhappy that you are filming them and makes a complaint to us, we may ask you to show us any images which you have taken in the club and to delete them if appropriate. 
    6. If a member of our team asks you to stop filming or taking photographs you must do so. 

13. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 3 months of us telling you about it and we will refund you any payments you have made in advance for Services not provided.

14. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15. If a court finds part of this contract illegal, the rest will continue in force.Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

17. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.

We aim to make these terms and conditions clear and understandable. Should you have any questions, our team is always ready to assist.

I hereby confirm that I have read, understood and agree to comply with the terms and conditions above.

Signature …………………………

Name of individual …………………………

Date signed …………………………

Appendix 1

Health Commitment Statement

Your health is your responsibility. The NoExcusess team are dedicated to helping you take every opportunity to enjoy the services that we offer. With this in mind, we have carefully considered what we can reasonably expect of each other. 

Our commitment to you: 

• We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities. 
• We will take all reasonable steps to ensure our team are qualified to the fitness industry standards as set out by the Register of Exercise Professionals. 
• If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our services, we will consider what adjustments, if any, are reasonable for us to make.  

Your commitment to us:  

• You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with your exercising safely, before you use our services you should get advice from a relevant medical professional and follow that advice.  
• You should make yourself aware of any rules and instructions, including warning notices

Exercise carries its own risks:

• You should not carry out activities which you have been told are not suitable for you.  
• You should let us know immediately if you feel ill when using services. Our team are not qualified doctors  
• If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.  

Terms and Conditions for the NoExcuses 4-Week Challenge

1. Program Overview: The NoExcuses 4-Week Challenge is a fitness program designed to help participants achieve their individual fitness goals through personalised workout plans, customised nutrition plans, mobility exercises, habit tracking, and community support.

2. Eligibility:

• Participants must be 18 years or older.

• Individuals under 18 must provide written consent from a parent or legal guardian.

• By enrolling, participants confirm that they are in good health and fit to undertake a fitness program. If unsure, please consult a medical professional before starting.

3. Fees and Payments: Participants can choose from the following payment options:

• £29 per week (recurring for 4 weeks): Payment will be charged weekly for the duration of the challenge.

• £99 one-time payment: A single upfront payment for the full 4-week challenge.

• £999 annual payment: Includes access to 12 challenges throughout the year.

All payments must be made prior to the challenge start date for access to program materials and sessions. Payments are non-refundable except as outlined in the NoExcuses Guarantee.

4. NoExcuses Guarantee: Participants are eligible for a refund if the following conditions are met:

• Participants must log their workouts and nutrition consistently for the first 14 days of the challenge.

• If participants are not satisfied with the program after the initial 14 days, they must notify NoExcuses Ltd in writing via email at [email protected] within 48 hours of completing the 14-day period.

• Refund requests will only be processed if workout and nutrition logs are provided as proof of participation.

• Refunds are not available for participants who fail to adhere to the program requirements during the 14-day period.

5. Participation Requirements:

• Participants agree to follow the personalised workout and nutrition plans provided.

• Participants are expected to attend at least 75% of scheduled sessions and actively engage in the program.

• Honest communication with trainers is essential for adjustments to plans and progress tracking.

6. Code of Conduct:

• Participants must maintain respectful behaviour toward trainers, staff, and other participants.

• Any form of harassment, discrimination, or inappropriate conduct will result in immediate removal from the program without refund.

7. Intellectual Property:

• All materials provided during the program, including workout plans, nutrition guides, and habit trackers, are the intellectual property of NoExcuses Ltd.

• Participants may not share, reproduce, or distribute these materials without written permission.

8. Limitation of Liability:

• NoExcuses Ltd is not responsible for any injuries, illnesses, or adverse effects arising from participation in the program.

• Participants are responsible for following the provided plans safely and seeking medical advice if required.

9. Privacy Policy:

• All personal information collected during registration and participation will be handled in accordance with our Privacy Policy.

• NoExcuses Ltd will not share your data with third parties without consent.

10. Amendments:

• NoExcuses Ltd reserves the right to amend these terms and conditions at any time. Participants will be notified of any changes in writing.

11. Governing Law: These terms and conditions are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

By enrolling in the NoExcuses 4-Week Challenge, participants agree to these terms and conditions in full.

For any questions or concerns, please contact us at [email protected]