At the Farm

Terms and Conditions of Use

(New addition see point 13: updated 23rd June 2020 regarding exercising At The Farm in wake of Covid-19)

1. Introduction and General
1.1 These terms and conditions shall govern your use of Fitness At The Farm (The Company) services and website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, purchase from our website or use any of our company services, we will ask you to expressly agree to these terms and conditions.
1.4 The Company reserves the right to refuse admission to whomever The Company chooses. 
1.5 Orders and bookings may be cancelled by The Company at any stage for any reason. 

2. Registration and accounts
2.1 You may register for an account with our website at checkout upon purchasing a service by completing and submitting the account registration form on our website, and agreeing to the terms & conditions OR you may purchase services (e.g. classes or courses) as a guest.
2.2 You must not allow any other person to use your account to access the website.
2.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
2.4 You must not use any other person’s account to access the website[, unless you have that person’s express permission to do so].

3. Online Purchases & Refunds
3.1 Purchases made on the website are processed via Paypal.
3.2 You do not need to have a Paypal account in order to make payments via the website, you can use the system as a guest.
3.3 You are not entitled to a refund on any purchase that you cancel (including monthly membership payments).
3.4 The Company may offer a refund at their discretion. This may not be the full amount initially paid.
3.5 If The Company cancels an order or booking you are entitled to a refund.

4. Monthly Membership
4.1 Two types of membership are available: unlimited class membership OR five class per month membership.
4.2 Membership payments are taken via Paypal as an ongoing monthly payment.
4.3 Your membership payments will be taken on the same day every month thereafter until cancelled by you or The Company.
4.4 You are entitled to cancel or suspend your membership & membership payments at any time. If you do cancel your payments your membership will expire one month after your final payment.
4.5 You are not entitled to a refund for membership payments under any circumstances, even if you have not used the services of the company for an extended period.

5. Cancellations and suspension of membership
5.1 The Company may:
(a) cancel your class bookings;
(b) suspend your membership;
(c) cancel your membership; and/or
(d) edit your membership details,
at any time in our sole discretion with or without notice to you.
5.2 The Company is entitled to increase class or membership costs at our discretion but is obliged to give 1 months notice of membership rate changes.
5.3 You may cancel your membership at any time on our website using your account control panel on the website or request that The Company suspend or cancel it on your behalf.
5.4 You may cancel your class bookings at any time using your account control panel up to 1hour before your class commences.
5.5 Class cancellations are not automatically refunded; The Company will refund or rebook any class cancelled more than 24hrs in advance.

6. Coupons
6.1 Coupons are created by The Company and are liable to be edited or decommissioned at any time at the discretion of The Company
6.2 Unlimited membership coupons:
(a) are assigned to monthly paying members of the unlimited membership option
(b) each unique coupon is for member use only and not to be used to book services for third parties
(c) members are not entitled to a monetary refund if they do not use their membership coupon for any extended period
6.3 Five class per month membership coupons:
(a) are assigned to monthly paying members of the five class membership option
(b) are valid for one month from their start date;
(c) can be used five times throughout that time period:
(d) can only be used on one valid service per basket checkout:
(e) if the member does not use all five uses during that monthly period, they are not entitled to a refund;
(f) coupon usage does not roll over to the following month.
6.4 Non-membership Coupons:
(a) Purchased coupons are unique and created for single person use in the event of:
i. Class Trial purchases (e.g. Trial 10)
ii. Gift Vouchers
(b) General coupons may be created for multiple person use in the event of:
i. a limited time offer
ii. a competition
iii. a promotion or giveaway
6.5 Use of any coupon to book a product or service on the website is not entitled to a refund if the product or service is not used or cancelled.
6.6 Cancellation of a product or service booked using a coupon (e.g. a fitness class) does not automatically reinstate the use of that coupon within any time period of cancellation.

7. User login details
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 You must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Limited warranties
8.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
8.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
8.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

9. Limitations and exclusions of liability
9.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10. Breaches of these terms and conditions
10.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) suspend or delete your account on our website.
10.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation creating and/or using a different account).

11. Variation
11.1 We may revise these terms and conditions from time to time.
11.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

12. Our details
12.1 This website is owned and operated by Leah Maclean.
12.2 We are registered in England and Wales under registration number Company No 11452344 and our registered office is at Harvest Cottage, Kingston Road, Frilford, Oxon OX13 5NX
12.3 Our principal place of business is at Collins Farm, Kingston Road, Frilford, Oxon OX13 5NX.
12.4 You can contact us:
(a) by post, to [the postal address given above;
(b) using our website contact form;
(c) by telephone, on 07800995518; or
(d) by email, using [email protected]

13. Covid-19 Government Guidelines
13.1 Personal and Small Group Training resumed At The Farm as of 20th May 2020 in accordance with Government Guidelines
13.2 Group Classes resumed At The Farm as of 4th July 2020 in accordance with Government Guidelines
13.3 Clients who resume training At The Farm must abide by the health & safety guidelines stated here
13.4 Clients who do not abide by the health & safety guidelines stated on the website will not be able to hold The Company responsible for any damage obtained to themselves or their property through injury, illness, disease or death. 
13.5 Clients who attend group classes do so under the agreement that they will not take legal action upon The Company if they contract Covid-19

This legal document was produced using a template published by SEQ Legal LLP.

ACCIDENT WAIVER AND RELEASE OF LIABILITY for participation in group classes, personal training, short courses (including but not limited to Yoga and Pilates), retreat days or other events hosted by Fitness At The Farm and held at Collins Farm.

BY AGREEING TO THESE TERMS AND CONDITIONS I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THE EVENT I AM PURCHASING ACCESS TO, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.

I certify that I am physically fit for participation in this activity and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity. I acknowledge that this Accident Waiver and Release of Liability Agreement will be used by the event holders and organisers of the activity in which I and/or any children, pets or property under my guardianship, may participate, and that it will govern my actions and responsibilities at said activity.

In consideration of my application and permitting me to participate in this activity, I hereby take action for myself and/or any children, pets or property under my guardianship, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Leah Maclean, At The Farm, Collins Farm directors, officers, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers;

(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.

I acknowledge that Leah Maclean or anyone associated with At The Farm and Collins Farm is NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf. I acknowledge that this activity may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity.

These risks are not only inherent to participants, but are also present for volunteers. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.

I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organisers, and assigns.

The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.



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