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TERMS AND CONDITIONS *

1. IMPORTANT HEALTH AND SAFETY INFORMATION

1a. The Service that UP offers involves lifting, pushing or pulling heavy weights and your own bodyweight, plus other strenuous exercises. UP also offers nutritional advice targeted at body composition goals (but not medical issues).

1b. While UP takes all reasonable precautions to ensure that its Services are delivered to applicable standards of health and safety, the human body is complex and unpredictable and so, as with any form of exercise, UP’s Services carry an inherent risk of minor and serious physical injury. Due to these risks, UP strongly recommends that you consult with a competent, qualified physician before you start using its Services to identify any Health Issues that you may have and to make sure that the Services UP provides (including exercise and nutritional guidance) are appropriate to you.

1c. Any advice that you receive from UP only relates to exercise and nutrition for body composition. UP’s advice is not a substitute for medical advice from a doctor or from a physiotherapist, osteopath, medical nutritionist, dietician or other medical professional or therapist.

1d. You must keep UP up to date about your Health Issues during the Services. This includes telling us if you feel unwell.

1e. You must not hold information back from UP about your Health Issues even if you think it may be minor, trivial or irrelevant, or you haven’t had a medical diagnosis yet.

1f. If you do have Health Issues, UP may need guidance from your doctor as to how it delivers the Services, before you commence them.

2. LIMITATION OF LIABILITY

2a. In consideration of UP’s agreement to instruct, assist, and train you, you do here and forever release and discharge and hereby hold harmless UP, and its respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation in the Services including any injuries or death resulting there from.

THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF: (i) MY USE OF ALL AMENITIES AND EQUIPMENT IN THE UP FACILITIES; TRAINING THAT OCCURS BOTH ON AND OFF UP FACILITIES; AND MY PARTICIPATION IN ANY ACTIVITY, CLASS, PROGRAM, PERSONAL TRAINING OR INSTRUCTION REGARDLESS OF THE LOCATION WHERE THEY TAKE PLACE; (ii) EQUIPMENT THAT MAY MALFUNCTION OR BREAK; (iii) UP’S NEGLIGENT INSTRUCTION OR SUPERVISION; AND (iv) ANY SLIPPING, FALLING, OR DROPPING OF EQUIPMENT WHILE PARTICIPATING IN THE SERVICES.

2b. If you bring personal property to UP gyms, other premises or anywhere where UP operates then you do so at your own risk. UP cannot accept liability for the loss, theft or accidental damage to your personal belongings at its gyms, other premises or anywhere where it operates.

2c. For all other losses which you suffer as a result of acts of omissions you agree that our liability towards you is limited to the level of applicable insurance policy which we have in place from time to time. UP will take insurance policies which are appropriate to its business and the risks it faces.

3. PURCHASE OF GOODS AND SERVICES

3a. You will pay for all Goods and Services that you engage UP to provide, in advance of receiving them and by the estimated start date that you agree with UP at the time you commission the provision of these services.

3b. Where UP agrees to receive payment in instalments, you will to pay each agreed instalment by its due date.

3c. UP is not liable to provide any Goods or Services to you if payment is not received in full, in advance of the Goods being transferred to you or the Services that these payments cover and within the applicable timescales.

3d. Prices for Goods or Services are only quotes for the period of time between the date that you agree to make the purchase or purchases at the price or prices UP has provided you with and the date or dates by which you agree to pay for those quoted goods or services. If settlement is not received by the due date, any prices previously quoted to you by UP will become estimates only and UP will no longer be bound to provide any services or goods at the previously quoted prices. Any prices communicated by UP outside of the commissioning of goods and services are estimates and not quotes.

3e. You understand that the price of Goods and Services that you wish to purchase from UP may change and that prices may also differ depending on the Trainer you receive those Services from and the Location at which you receive them.

3f. You agree that prices for Goods and Services that you wish to purchase at a date after the initial Package that you agree with UP may be different to the price applicable to that initial purchase. This includes if you do not pay for Goods or Services taken under a particular Package by the agreed date.

3g. You understand that, if you wish to change your Trainer or the Location at which you receive services, this could increase the cost of your package.

3h. You agree that UP is under no obligation to provide Goods or Services that have not been paid for in advance and by the dates agreed.

4. EXPIRATION OF PURCHASED SERVICES:

4a. All Sessions and Packages are non-refundable once purchased, whether you use them or not and irrespective of the Trainer or Trainers available to deliver them or the Location or Locations at which UP is able to provide them. This refers all sums paid to UP and includes deposits, incremental payments and full advance payments. Products that you accept from UP as part of a package cannot be returned and are non-redeemable. UP will refund your payments upon request and any Goods received in relation to your payments may be retained by you, only in the exceptional circumstances that UP is unable to start your commissioned Services within 8 weeks from the date that your first payment is received by UP and if you have not yet received any of the Services covered by such advance payments.

4b. All sessions and packages must be commenced within 30 calendar days of the estimated start date that was agreed at the time you commissioned them. This applies to all Sessions and Packages taking place in the gym, online or any other virtual or actual location through any medium or channel, this list is not exhaustive.

4c. Personal Training Sessions and Packages are only valid for the number of weeks agreed at the time of sale plus 50% (unless a different time frame is specified in the name of the Package that you have purchased or unless the sessions are part of a special offer or holiday Package, in which case a shorter validity period and other restrictions may apply). Any extensions to these timeframes must be applied for in writing in advance and will be granted at the discretion of the gym manager.

4d. TeamUP semiprivate small group training Sessions and Packages are valid for commencement up to 1 month from the date of purchase and will expire within the timeframe described in the name of the Package. This timeframe will not exceed 10 weeks unless otherwise specified in writing on our website. Any extensions to these timeframes must be applied for in writing in advance and will be granted at the discretion of the gym manager.

4e. Online Personal Training (OPT) and LiveUP Subscriptions commence from the day of purchase. Subscriptions are ongoing and a monthly fee will be taken at the beginning of each monthly charging period after the initial payment period. Subscriptions can be cancelled at any point by emailing [email protected] Your subscription will be cancelled to end on the last day of the payment period in which your request to cancel is made. Extensions to any commissioned Subscriptions will be at UP’s discretion.

4f. You may ask UP for written confirmation of the validity periods and start and end dates of any services purchased, at any time.

5. CANCELLATION POLICY:

5a. UP reserves the right to charge you for any booked Session which is cancelled with 48 hours’ notice or less, or which you do not cancel and fail to attend. In order to not charge you, we will require written, printable proof that a booked session was cancelled with more than 48 hours’ notice. For members of the 100 Club, UP reserves the right to charge you for any booked Session which is cancelled with 24 hours’ notice or less, or which you do not cancel and fail to attend. In order to not charge you, we will require written, printable proof that a booked session was cancelled with more than 24 hours’ notice.

5b. If you fail to attend booked sessions or fail to contact the 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 and have to wait for a Trainer to become available to resume your sessions. In these circumstances, the validity period of your commissioned Services will not be extended or refunded. In these circumstances, extensions to any commissioned Services can be applied for to the gym manager and will be at UP’s discretion.

5c. UP reserves the right to cancel any future Goods and Services that are not paid for in advance or by the date agreed. The reinstatement of any such cancelled Goods or Services will be at UP’s discretion.

6. RESULTS:

6a. You are responsible for the outcome of Goods and Services purchased from UP.

7. GOODS:

7a. You are responsible for your decisions to purchase Goods sold by UP. UP recommends you consult with your doctor or other medical professional before taking any Supplements or other consumables.

8. PHOTOGRAPHS & VIDEOS:

8a. Any images taken of you in the process of receiving services from UP are the sole property of UP. This includes photographs taken using UP’s apps, provided to UP’s Trainers and any images recorded on UP’s premises. Copyright in all such materials belongs exclusively to UP.

8b. UP is not responsible for seeking permission to use or publish the image of any individual who may inadvertently be captured in the process of receiving Services or being in the vicinity when filming or photography is taking place. UP will announce any photography or filming taking place on its premises or of its activities before it begins. By receiving Services, you understand that it is your responsibility to make your wish not to be filmed known the photographer or videographer before they begin and to remove yourself from the vicinity where images are being recorded.

9. YOUR DATA *

9a. The Data Controller in relation to any Personal Data You supply to UP is UP Fitness Limited, Acresfield, 8-10 Exchange Street, Manchester M2 7HA . You can contact us at this address.

9b. Information you supply to UP may be used for the purpose of providing you with the Services you have purchased from UP. This includes enrolment and administration by UP Fitness Limited, its associated companies and agents.

9c. You have notified UP about what we may con you about, and this is recorded in the Privacy section of this document. To alter these choices, contact [email protected]

10. GENERAL RESTRICTIONS

UP Fitness Limited (UP Fitness) hereby grants you permission to access and use the UP Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

(i) you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without UP Fitness’ prior written authorisation;

(ii) you agree not to alter or modify any part of the Website or any of the Service;

(iii) you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;

(iv) you agree not to use the Service for any of the following commercial uses unless you obtain UP Fitness’ prior written approval:

(v) you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include UP Fitness’ account names);

(vi) you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;

(vii) you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content;

(viii) you agree not to access Content for any reason other than your personal training, non-commercial use solely as intended through and permitted by the normal functionality of the service; You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of UP Fitness.

DISCLAIMER | Results may vary | Results are based on individual circumstances | Timeframes for results are not guaranteed | Willpower is always required!

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