Terms & Conditions of Use and Terms of Trade
Your access to and use of leaner-life-fitness.co.uk (use “web site”) is subject exclusively and strictly to these Terms & Conditions of Use:
1.0 – To be eligible to purchase Goods on the Website you hereby represent and warrant that you will:
- Be the holder of a valid debit/credit card and;
- Be 18 years of age or older.
1.1 – Further, you hereby represent and warrant that the personal information, which you are required to provide when you register as a customer is true, accurate and current in all respects. It is your responsibility to inform us of any changes to that information (including your email address) by contacting us at info@leaner-life-fitness.co.uk
1.2 – We do not permit the following:
- Any person sharing your user name and password; or
- Impersonation of any other person or entity or to use a false name or a name that you are not authorised to use.
2.0 – Introduction
The owner of this web site is LeanerLife® whose address is Unit B2, Roebuck Retail Park, London Road, Stevenage, Hertfordshire, SG1 1XZ (‘LeanerLife®’/‘we’ /‘us’/‘our’). Registration number 10453355 / 11688520. The Website Owner provides the information contained on this website or any of the pages comprising the website (“leaner-life-fitness.co.uk”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
2.1 – Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. This website should not be used as a replacement for advice from a medical professional. If you find an error or omission at this site, please let us know by emailing info@leaner-life-fitness.co.uk
3. Payment & VAT
3.1 The total cost of your order is the price of the goods plus card processing and delivery charges as set out in the Deliveries section. All debit/credit card payments are processed for you by Paypal and is then paid to LeanerLife®.
3.2 You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not be liable for any delay or non-delivery and we are not obliged to inform you of the refusal.
3.3 We are not responsible for your card issuer or bank charging you as a result of your credit/debit card payment.
3.4 The price for the goods as set on the Web site includes VAT where applicable. We are not responsible for any other importation taxes, sales taxes or charges that may be levied at the delivery destination.
4. Sales
Previous prices were charged between the period of October 2020 and 5th January 2023.
No other offers may be used in conjunction with sale offers.
5. Trade Marks
The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of the Website Owner, suppliers, manufacturers and partners of the owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
6. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
7. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
8. Warranties
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
9. Disclaimer of Liability.
The Website Owner and its directors and associated persons shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, you or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
10. Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
11. General
11.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
11.2 Alteration
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
11.3 Conflict.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
11.4 Waiver.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
11.5 Cession.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
11.6 Severability.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. Please contact us if you require clarification on any of the terms in this statement.
11.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
12. Governing Law.
This website and these Terms are governed by and construed in accordance with English Law. You hereby agree unequivocally that any disputes arising in connection with this website or these terms shall be subject to the exclusive jurisdiction of the English courts without exception.
Membership Terms & Conditions
These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be bound by them.
- DEFINITIONS
(A) LeanerLife Fitness Limited & LeanerLife Challenge Limited: the facility owned and operated by the Directors.
(B) Centre Rules: the rules and regulations governing the use of LeanerLife Fitness Limited & LeanerLife Challenge Limited
(C) Member: A Customer who has membership (Section 2. Membership Options) of LeanerLife Fitness Limited & LeanerLife Challenge Limited by currently paying a one-off fee, weekly fee or monthly fee for use of all the facilities & services.
(D) Membership Entry: refers to the exclusive access barcode via the LeanerLife app to gain entry to the facility
(E) Customer Conditions: The Customer Terms & Conditions applicable to all customers of LeanerLife Fitness Limited & LeanerLife Challenge Limited and available on the Website
(F) PAR-Q, Informed consent & client liability waiver: These documents need to be signed before you can use the Facility, classes or personal training.
(G) Website: www.leaner-life-fitness.co.uk
- MEMBERSHIP OPTIONS
(A) Contract chosen upon visiting the website, mobile app or in store.
- MEMBERSHIP DURATION & PRICE
(A) All contracts with a monthly direct debit of £XX. The total contract value is £XXX.A £20 administration fee is applicable.
(B) Discounts are applied ONLY by the management of LeanerLife Fitness & LeanerLife Challenge Limited. Discount amounts are not fixed.
(C) All fixed term contracts will automatically renew after the stated expiry date. The renewal does not enter you into another fixed term. The contract is automatically switched to rolling month to month contract.
(D) Freezes to your membership are fixed for 1 month only in any 12-month period. These need to be received 1 month in advance in writing. A freeze is only accepted in the event of sickness or injury meaning the inability to use the facilities. A freeze will not be accepted in the event of going on a holiday.
- PAYMENT OPTIONS
(A) Monthly Direct Debit – Upon signing up for a monthly agreement, you agree to pay 12 /6 OR flexible monthly instalments of £XX, totalling £XXX. This entitles you to access facilities in line with your membership type detailed in clause 2 above. Direct debit mandate set ups take up to 8 days to activate, so upon joining there may be a pro rate fee to be paid before using the facilities.
(B) One off prepaid fee – one off payment for a set period of up to 12 months entitling you to access facilities in line with your membership type detailed in clause 2 above. The total fee payable upon sign up is £XXX plus any applicable joining fees.
- YOUR MEMBERSHIP
(A) You must be over the age of 15 to use the facility.
(B) You must sign a Par-Q and an Informed Consent form before you start using your membership if you wish to use the facility and by signing these forms warrant to us that you have no known conditions or are undergoing any treatment that would prevent you from being capable of physical exercise in all material aspects. A client trainer agreement is also signed if you wish to engage for personal training services.
(C) On entry into this Membership Agreement and every time you enter LeanerLife Fitness Limited & LeanerLife Challenge Limited during your membership, you warrant and represent to LeanerLife Fitness Limited & LeanerLife Challenge Limited that you have no medical conditions known to you that would mean that you are not capable of all forms of exercise and that such exercise will not be detrimental to your health. If in doubt, it is your sole responsibility to consult a medical practitioner or to cancel your membership
(D) Your membership applies to you personally: you cannot lend, assign or transfer it to another person
(E) We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you
- PAYMENT OF FEES
(A) By completing the membership application form and agreeing to be bound by these Terms and Conditions; you agree to pay all LeanerLife Fitness Limited & LeanerLife Challenge Limited membership and other fees on time
(B) LeanerLife Fitness Limited & LeanerLife Challenge Limited will charge you a joining fee if included on the membership option (section 3) unless an offer is available at the time of sign up.
(C) In addition to the Membership fees, charges will be incurred for personal training and detailed nutritional plans that are outside the scope of your membership outlined in clause 2.
(D) Paying by monthly Direct Debit: membership fees will be collected from your account on or around the same recurring date upon sign up. Only at the sign-up stage, can you select the date for a direct debit to start, whereby a pro-rata payment will be required for the amount that relates to the time between the membership contract being entered into and the first Direct Debit collection date. The amendment of any direct debit collection date will incur a fee. The fee amount is dependant on the date selected in relation to the original date. Payments are non-refundable under any circumstances with the exception of the Direct Debit Money Back Guarantee
(E) Prepaid memberships: membership can be paid via bank transfer (we do not accept personal cheques)
(F) Your membership fees are subject to periodic increases, and we reserve the right to pass on any changes in the rate of VAT to you. Fees will normally be reviewed on an annual basis, but circumstances may dictate an earlier revision. You will normally be given one months’ notice of any fee change. Membership dues for prepaid memberships will be reviewed only on renewal
(G) If any Direct debit is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £20. We may present an option to reduce or waiver the administration fee if the outstanding amount is paid within 7 days of being due.
- FACILITIES AND SERVICES
(A) Members of LeanerLife Fitness Limited & LeanerLife Challenge Limited are not permitted to share personal app profiles to gain access for the facility
(B) Class size will be a maximum of up to 12 people in the SWEAT area and 15 in the LIFT area and must be booked via the club booking system to secure your place on the class.
(C) You acknowledge that to provide the highest standards of facilities, LeanerLife Fitness Limited & LeanerLife Challenge Limited may need to close certain or all facilities temporarily for decorating, cleaning, essential repairs or maintenance of equipment and special events, that this may disrupt the provision of services to you and agree that such disruption shall not amount to a breach of this agreement by us
(D) LeanerLife Fitness Limited & LeanerLife Challenge Limited may vary membership rights and vary any services delivered to its members. In particular opening and closing times are subject to change. Facilities remain subject to change. Activities e.g. classes organised by LeanerLife Fitness, remain subject to change. Changes include both withdrawal and re-timetabling
(E) LeanerLife Fitness Limited & LeanerLife Challenge Limited will not be held liable where its services cannot be delivered through circumstances beyond its reasonable control e.g. through staff absence and severe weather conditions
- LEANERLIFE FITNESS LIMITED & LEANERLIFE CHALLENGE LIMITED USAGE
(A) You must familiarise yourself with the Customer Terms and Conditions. These documents are available on the website. We may cancel or suspend your membership without notice if you break these rules
(B) We may refuse admission to or ask you to leave the facility if LeanerLife Fitness Limited & LeanerLife Challenge Limited management believe that you have broken any section of the documents detailed in clause 7(A). No refund will be given if you are asked to leave the facility in such circumstances
(C) Customers must secure their personal belongings on their person or place and secure them in the storage space always provided whilst using the LeanerLife Fitness Limited & LeanerLife Challenge Limited facility. Your property is left in these spaces entirely at your own risk
(D) Personal Trainers operate in our facility on a self-employed basis (for further information please speak to one of our directors). Any service they provide to you constitutes a contract between the Personal Trainer and you rather than LeanerLife Fitness Limited & LeanerLife Challenge Limited if agreed outside the membership options (see section 2). We accept no responsibility for breach of contract or negligence caused by one of these Personal Trainers
- DATA COLLECTION
(A) During your membership, LeanerLife Fitness Limited & LeanerLife Challenge Limited may collect certain personal information about including personal details, financial details and information about your health. We will use this information for purposes including managing your membership and communicating with you. You have the duty to keep your personal information up to date and to inform us of any significant changes
(B) We will limit access to the processing of and use of your personal information to our management only who will never use your information for marketing purposes.
(C) We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes
- CANCELLATION OF YOUR MEMBERSHIP
Cancellation by you:
(A) Monthly Direct Debit Membership: You may cancel your membership by cancelling your direct debit at any time after your minimum term of membership has been completed. This requires one-month notice. Your cancellation will take effect at the end of the month for which the final direct debit payment has been paid. Cancellation of membership must be received in writing by a member of management. Cancellation of your direct debit without notice will incur charges of £25 added to your final statement.
(B) Annual Pre-paid Membership: Annual memberships can only be cancelled in exceptional circumstances. In the event of a requirement to cancel an Annual Membership which you believe is due to exceptional circumstances, please write to the LeanerLife Fitness Limited & LeanerLife Challenge Limited Directors outlining the reasons for cancellation with an accompanying letter from a medical professional. Each request will be dealt with individually and the Directors will respond within 21 days of receipt of your letter. Annual memberships cannot be cancelled based on a customer’s level of use and will not be refunded.
(C) Memberships can be cancelled prior to reaching the minimum term stated in the contract if you have proof in the way of writing that you are relocating further than a 20-mile radius of LeanerLife Fitness. Further to this, in the unfortunate events that you become unemployed, proof of this is required from your former employer in the form of a headed letter to confirm this. In addition, if you have a sustained an injury that prevents you from returning to the gym for the foreseeable future, confirmation from your GP is required.
Cancellation by us:
(A) LeanerLife Fitness Limited & LeanerLife Challenge Limited may terminate or suspend membership if the member breaches any terms of this Agreement
(B) We may cancel your membership without notice if you commit a material breach of this agreement including, but not limited to, a breach of the Conditions of Use, abuse or threatening behaviour or vandalism or other illegal activity.
(C) We may cancel your membership with immediate effect if
i) you have breached any terms and conditions of this agreement
ii) membership fees or other charges remain unpaid 14 days after the due date and such a breach is not remedied by you within seven days after being notified by us.
- LIMITATION OF LIABILITY
(A) Our liability for loss or damage to the property of Members and their guests is strictly restricted to damage or loss suffered due to the negligence of our staff.
(B) We will not be liable to you for any failure or delay in performing any of our obligation under this agreement or for any loss or damage to property if the failure, delay, loss or damage was due to any cause beyond our reasonable control, including self-employed Personal Trainers
(C) We will not be liable for services offered to you by any third parties not directly employed by us, including personal trainers
(D) Any warranties and other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law
(E) We will not be liable for any loss that results from our failure to comply with this agreement for any loss of income or revenue; loss of profit, loss of business, loss of anticipated savings; pure economic loss or loss of data. However, this clause will not prevent claims for death or personal injury of fraudulent misrepresentation
(F) LeanerLife Fitness Limited & LeanerLife Challenge Limited operates an appointment system where there will be times the facility is unmanned. Its at these times that you as the user, fully understand the possible dangers of using the facilities and are happy to undertake full responsibility of your own safety at these unsupervised times.
- FORCE MAJEURE
(A) For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of LeanerLife Fitness Limited & LeanerLife Challenge Limited including but not limited to strikes, lock-outs or other industrial disputes (whether involving LeanerLife or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors
(B) LeanerLife Fitness Limited & LeanerLife Challenge Limited shall not be liable to you because of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event
(C) If the Force Majeure Event prevents LeanerLife Fitness Limited & LeanerLife Challenge Limited from providing any of the services for more than 90 days, LeanerLife Fitness Limited & LeanerLife Challenge Limited may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you
- GENERAL
(A) Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable
(B) Where a provision of this agreement is deemed to be invalid or unenforceable by any English Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions
(C) Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way
(D) Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded
(E) LeanerLife Fitness Limited & LeanerLife Challenge Limited represent part of LeanerLife Limited which is the holding company.
(F) This agreement shall be governed by English law and the English courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it
Address
Unit B2, Roebuck Retail Park, London Road, Stevenage, Hertfordshire, SG1 1XZ
Email Us
Call Us
01438 727778