1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.
1.2 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):
(a) Personal Training – one-to-one or one-to-two sessions with a trainer , together with nutritional advice;
(b) Virtual Training – one-to-one or one-to-two sessions with a trainer through our SHA FITNESS app, together with nutritional advice;
(c) Group Training – group training sessions with one of our SHA FITNESS trainers;
(d) Online Personal Training – one-on-one coaching session using SHA FITNESS exercise programmes, nutritional guidelines and advice via distance communications; and
Reference in these terms to a “Session” means an individual Personal Training session at one of our Studio, Group training session at one of our studio, or a Virtual Training session via our SHA FITNESS app.
1.3 Why you should read them. 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.
8.1 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 time frames, we are under no obligation to provide you with alternative Sessions.
8.2 When we will provide Services other than Sessions. Where you have purchased Services from us that do not involve Sessions, we will notify you in writing of the expiry date for the Services, if applicable. If you do not use the Services within the specified timeframes, we may agree to an extension to enable you to use the Services but we are under no obligation to do so. If you have purchased Online Personal Training or LiveUP Services from us, your subscription will commence on the day you make your first payment. Subscriptions are ongoing and payment will be taken from you on a rolling basis, as confirmed in our email to you. Subscriptions may be cancelled by emailing enquiries.shafitness@gmail.com, in which case your subscription will end at the end of the current billing period. We will provide a refund for any unused part of the Service for Online Personal Training in line with the following terms:
1-month subscription – As the majority of the service has been provided to you up front, no refund will be provided.
3-month subscription – Our policy is that 90% of the service is considered provided when your subscription commences, 95% of the service is provided from the date your subscription commences to the end of month 2, 100% of the service is provided from the date your subscription commences to the end of month 3. This means, a refund can only be issued in line with the above service provision. 7 days’ notice must be provided ahead of the billing date.
6-month subscription – 75% of the service is provided when your subscription commences, an additional 5% of the service is provided in each subsequent full month of your subscription. This means, a refund can only be issued in line with the above service provision. 7 days’ notice must be provided ahead of the billing date.
8.3 For Sessions related Services, 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 auto payment, we will contact you if this payment fails for any reason.
8.4 For Services other than Sessions, we may also suspend the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 12.2 and 12.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend provision of the Services (including, where relevant, suspension of your subscription) until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not charge you for the Services during the period for which they are suspended.
8.5 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 13.2, 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.
8.6 Availability of facilities used as part of the Services. We cannot guarantee that all the facilities at any Sha Fitness are available at all times. They may be unavailable due to maintenance issues or due to equipment breakdown. Subject to clause 13.2, we do not have to pay you compensation for any service, facility or equipment being unavailable.
8.7 Reasons we may suspend the Services. We may have to suspend the Services to:
(a) deal with problems with facilities or equipment;
(b) update the Services to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Services as requested by you or notified by us to you.
8.8 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.
Price and payment
12.1 Where to find the price for the Services. For Sessions related services, we will notify you in writing (usually by email) 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.
12.2 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, where applicable. The recurring payments will be collected based on Session usage. We reserve the right to pause future training if the payment fails. We will contact you to inform you if this is the case.
12.3 Where to find the due date for payment for Services not involving sessions. At the point of signing up with us, your first payment date is defined by the date you make payment to us. This date will become your monthly recurring payment date after your initial contract has ended. If we do not receive one or more of the payment installments from you, we will notify you and require you to make such payment within 7 days of the date of our notification. If we do not receive payment in full and cleared funds from you of the outstanding amount within the 7 day period, we shall be entitled to cease providing Services to you and/or to end our contract with you.
12.4 Variation of price between Services. The price of the Services may vary depending on the Sha Fitness trainer who provides the Services to you and the location of the Sha Fitness at which the Services are provided. If you purchase additional Services, the price for such Services may vary from the price quoted and/or paid for your previous purchase of Services. If you wish to change your Sha Fitness trainer or the location of the gym at which the Services are provided during the provision of the Services, you may be required to pay additional fees as a result of the change. This will be notified to you in advance of us agreeing the change with you. We take all reasonable care to ensure that the prices of Services advised to you are correct. However please see clause 12.6 for what happens if we discover an error in the price of the Services you order.
12.5 Discounts. We may provide discounts at our sole discretion. Any discount will be confirmed in writing to you.
12.6 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.
12.7 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 by direct debit, please contact us promptly to let us know.