Terms of Service


Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.shapingchange.co.uk (“the Site”) operated by Shaping Change LTD (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.shapingchange.co.uk

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Shaping Change Services. You are only authorized to use the Shaping Change Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Shaping Change website and discontinue use of Shaping Changes Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.

 

ACCOUNTS

In order to purchase and book in for your sessions, you will have to create a Mind Body account. You will receive an email with a link to the Mind Body site when you purchase you product online. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

 

MEMBER SERVICES AND CLUB REGULATIONS

CANCELLATIONS: If you cancel your session within 24 hours you will still be charged for that session.

SESSION USAGE: The 12 session a week package includes 3 sessions a week. The 8 session a month package includes 2 sessions a week. You must use your allocated sessions (2 or 3) within a one week period. Sessions are not transferable to other weeks.

MEMBERSHIP FREEZE: You may freeze your membership after 3 months of Direct Debits have been taken from your account. To freeze you will have to pay 50% of the cost of your monthly Direct Debit for every month you are frozen. If you wish to freeze for the following month, you must notify us by email prior the 21st of that month at zacstares@hotmail.co.uk. If you notify us past the cut-off date of the 21st the freeze will not take effect until the month after next. You can only freeze for a maximum of 3 months, after 3 month your Direct Debit will automatically restart. You cannot cancel while on freeze. You can unfreeze your membership at any point and pay a prorated amount for the remainder of that month.

MEMBERSHIP CANCELLATIONS: If you wish to cancel your membership at any point, you will need to pay the total amount of the remainder of your contract, whether it is a 6 or 12 month contract.

MEDICAL FREEZE: If you are unable to continue with your programme due to medical reasons, you can freeze at any point in your contract. You will however need to provide proof in the form of signed, dated and stamped medical note from your General Practitioner. All other terms of your freeze will apply as stated above in MEMBERSHIP FREEZE.

TEMPORARY AND PERMANENT OCCUPATION RELOCATION: If you are being relocated for work on either a temporary or permanent basis, you can cancel or freeze your membership at any point. You will need to provide proof of your relocation in the form of a signed, dated and stamped letter from your line manager.

PRE-PARTICIPATION QUESTIONAIRRE: Before you purchase any product online, you must complete a full health questionnaire. It is your responsibility to answer all questions honestly and to the full extent of your knowledge. If you fail to disclose any pre-existing conditions in the Pre-Participation Questionnaire, Shaping Change LTD will not be held responsible for any injuries or events that may occur in relation to your pre-existing condition.

LATE ARRIVALS: All sessions start will start promptly at the time booked on Mind Body, as they follow a pre-set format that takes an entire 50 minute slot. If you arrive late and miss the warm up phase of the session, the Personal Coach reserves the right to refuse your entry into the session. As a result we ask that you arrive on the gym floor 5 minutes before your session begins.

MEMBERSHIP PACKAGES: You cannot downgrade your membership to a lower package until you have completed the full term of your contract, whether it is a 6 or 12 month contract. Contracts are not transferable to other people.

DIRECT DEBIT START DATE: As the system takes 8 days to process a Direct Debit, you can purchase one off sessions at fixed rates, to cover you until your Direct Debit begins. These one off sessions can be purchased on the Mind Body site.

PERSONAL BELONGINGS: You agree that Shaping Change LTD is in no way responsible for the safekeeping of your personal belongings while you are present in the club or taking part in a session offsite. You assume all risk of loss for any of your personal belongings.

REFUNDS AND PAYMENTS – All classes, programmes and membership packages are non-transferable and non-refundable. All sessions must be paid for in advance and booked into the Mind Body system before they are carried out.

EQUIPMENT – Equipment must be used for its created function. Full coaching will be provided by a qualified member of staff on how to use all of the equipment during their session.

TOWELS – The use of sweat towels are required during all sessions. Sweat towels are available at the front desk. Each member is allowed one bath towel and one sweat towel per session

COACHING – Members must not vary from instructed exercises.

INJURIES – All injuries must be reported before each class.

MISCONDUCT – Shaping Change LTD operates a zero tolerance policy on misconduct from all members. If an allegation of misconduct arises against you an investigation will be launched, and if the allegations are found to be true your membership will be terminated and your Direct Debit cancelled. Shaping Change classifies misconduct as: use of inappropriate language directed at staff or members, physical assault against staff or members, threats of assault towards staff or members, verbal abuse directed at staff or members and repeated occurrences of misusing equipment despite warnings from qualified staff.

 

LIMITATION OF LIABILITY

By signing your initial “Membership” contract and/or attending classes, events, activities, and other programs and using the Shaping Change LTD facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of Shaping Change’s workout program. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that Shaping Change strongly recommends that you consult with your physician prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further acknowledge that the specific risks vary from one activity to another, but 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; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by trainers and staff. In consideration of being allowed to participate in and access Shaping Changes club and class facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to Shaping Change’s club facilities, (2) release, indemnify, and hold harmless Shaping Change, subsidiary affiliate entities and franchisees, and each of their respective members, employees and representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Shaping Change programming, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of the facilities at Shaping Change (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in Shaping Change’s club facilities, and should not be participating in any programming.

 

INTELLECTUAL PROPERTY AND TRADEMARKS

The content on Shaping Changes website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Shaping Change, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Shaping Change reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Shaping Change LTD.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

All Shaping Change graphics, logos, wordmarks, and designs are trademarks of Change in the U.K and/or other countries for which applications are pending. Shaping Change’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Shaping Change LTD.

 

TERMINATION

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

THIRD PARTY SITES

Our Site may contain links to third-party sites that are not owned or controlled by Shaping Change LTD.

Shaping Change LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

 

GOVERNING LAW

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the United Kingdom without giving effect to any principles of conflicts of law.

 

CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

 

ELIGIBILITY

Membership is void where prohibited. This website is intended solely for Users who are 18 years of age or older. Any registration by, use of or access to the website by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Shaping Change LTD or the website, you represent and warrant that you are 16 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Children under the age of 18 may register on our website only with the involvement of a parent or guardian.

 

TERM

These Terms of Service shall remain in full force and effect while you use the Shaping Change Services or are a Member. Shaping Change may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.

 

FEES

You acknowledge that Shaping Change LTD charges fees for its services, and Shaping Change reserves the right to change its fees from time to time in its discretion. If Shaping Change terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

 

PASSWORD

When you sign up for Mind Body, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Shaping Change immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

 

ENTIRE AGREEMENT; NO WAIVER

These Terms of Service, together with our Privacy Policy, and any other legal notices published by Shaping Change on the website, shall constitute the entire agreement between you and Shaping Change concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Shaping Change’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Shaping Change reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Shaping Change website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

 

ARBITRATION

YOU AND SHAPING CHANGE LTD AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

 

CONTACTING US

If you have any questions about these Terms of Service, the practices of Shaping Change or its services, or your dealings with this site, please contact us at:

Shaping Change LTD
St Bedes Hall
Little Albany Street
NW1 1DY

London
zacstares@hotmail.co.uk

These Terms of Service have been updated and effective as of May 26th 2016.