HYPE Fitness Terms & Conditions
HYPE Fitness Limited. Registered company number: 09854886
Payment for Services
There are several ways to pay for any service at HYPE Fitness:
ON THE WEBSITE: Please refer to the timetable for further details, but all classes must be paid for online at time of booking ('unpaid' bookings are not permitted), either on a pay-as-you-go rate or you can choose a 10 class pass or membership.
IN PERSON: You may pay for classes at the studio for the class you are there to attend, or for any future classes you want to book. You can turn up to classes without a booking and pay in person, but HYPE Fitness cannot guarantee you will get a space before you arrive. Payment is via cash or card only.
1. PAYG (adult and child): payment simply for the one class you wish to attend.
2. Fitness class pass (adult): payment in advance for 10 fitness classes. This option expires 4 months after purchase. No refunds or transfers for any unused classes after the expiry date (use it or lose it).
3. Pole/Aerial class pass (adult and child): payment in advance for a pack of Pole/Aerial classes. This option expires 2 months after purchase (for the 5 class pass option) or after 4 months (for the 10 class pass option). No refunds or transfers for any unused classes after the expiry date (use it or lose it).
4. Rolling Monthly Membership (from 25th July 2020 onwards): a monthly autopay package which gives you access to unlimited fitness classes (not including pole, aerial or kids classes) up to one month after each monthly purchase. You are simply charged month to month and can cancel in your online account whenever you don't need it anymore. A joining fee may apply when setting up the contract. Memberships are subject to the terms of the individual contract and the HYPE Fitness Terms & Conditions so please read these terms carefully when you sign up. Once the contract is set up, the contract with the client name and date of contract agreement is stored in your client booking account for future reference.
5. Six or Twelve Month Membership: a membership contract for a period of six or twelve months which gives you access to unlimited fitness classes (not including pole, aerial or kids classes) for either six or twelve months provided that payment is made each month on your chosen billing date. You are charged each month for six or twelve months. A joining fee may apply when setting up the contract. Memberships are subject to the terms of the individual contract and the HYPE Fitness Terms & Conditions so please read these terms carefully when you sign up. Once the contract is set up, the contract with the client name and date of contract agreement is stored in your client booking account for future reference.
MEMBERSHIP CANCELLATIONS: If you wish to cancel your membership, please see below:
ROLLING MONTHLY MEMBERSHIP: Please log in to your online booking account and cancel your membership there. Please note your monthly billing date if you wish to cancel before you are next charged.
SIX OR TWELVE MONTH MEMBERSHIP: You can cancel the contract and be released from the terms if you are 1. in extreme financial difficulty or 2. have moved to a location greater than 15 miles distance from HYPE Fitness' location. Documentation such as a letter to show recent redundancy or loss of work, or a utility bill to show a new registered address will be accepted. This must be emailed to email@example.com. Cancellations will not be accepted in person, over the phone or through our social media channels. HYPE Fitness shall email you back to confirm the cancellation has been processed and when your contract will come to an end. If you are not in financial difficulty or have not moved, you can choose to apply a one month 'freeze' to your contract at any time to pause your payment for one month (e.g. going on holiday or illness). Any remaining month's membership fees will be due after the freeze has ended.
6. HYPE at Home programs: A monthly subscription to the online platform built into the HYPE Fitness website (separate to the Mindbody class booking system) which allows you to access on-demand classes, live streaming in our studio, nutrition resources, mindfulness and meditation as well as challenges. You can cancel any time via your HYPE at Home log-in.
INTRO OFFER: For the two week introductory membership offer, the contract Terms & Conditions of a normal Monthly Membership (including the Booking & Cancellation Policy, and no-show fees) apply during the two weeks from date of purchase. Your access to unlimited classes starts from the date of purchase, ends 14 days later, and the offer does not auto-renew once expired. Once the two weeks has expired, you may choose to buy a full membership of your choice with a separate billing and activation date. Only one purchase of the offer is allowed per customer, and the offer cannot be cancelled or refunded once purchased.
As a customer of the studio, you are required to manage your own accounts, including joining on-line or in person at the studio and filling in correctly all the required details, such as your name, address, valid and current email address, and correct date of birth.
It is strongly recommended that you opt-in to auto-emails on your member account so that you receive notifications about bookings, especially if you gain a place after being on the waiting list. HYPE Fitness will not credit payments to you if you have removed your email address or have chosen to opt-out from booking alert emails, and subsequently miss your class. It is your responsibility to be aware of and manage your bookings and adhere to the HYPE Fitness Booking and Cancellation Policy.
HYPE Fitness do not allow multiple bookings for the same class under one customer's account. You are not permitted to share your account or membership with anyone else. For safeguarding, health&safety and insurance purposes HYPE Fitness must have a record for each individual customer that attends classes with their own account so that HYPE Fitness ensures the correct health information for each customer and emergency contact information is on file. If you are booking a space in classes for your child you must create an individual account for your child and book them under that account, not under your own account.
Liability Waiver and Health Questionnaire
HYPE Fitness requires all customers to read and sign the Liability Waiver when creating their accounts (either on-line or in person) and to also fill out a paper Health Questionnaire before their first class. There may be additional waivers for certain specialist classes. The Health Questionnaire must be filled out in full, together with all health information and emergency contact information. If a customers health changes, they must inform HYPE Fitness and fill out a new form.
HYPE Fitness has a specific guide and policy for any customers who are pregnant or have recently had a baby: Pre/Post Natal Policy
By becoming a customer of HYPE Fitness (either in-studio or online), you agree to the following Liability Waiver:
I do hereby declare to be physically sound and not suffering from any condition, impairment, disease or other illness (other than those declared above) that would prevent my participation in class. I acknowledge that I have either had a physical examination and have been given my doctors permission to participate, or that I have decided to participate without the approval of my doctor and do hereby assume all responsibility for my participation in class.
Group exercise classes at HYPE Fitness Limited may involve strenuous physical activity, including but not limited to, interval training, muscular strength, endurance training, cardiovascular conditioning and aerobic training. Enrolment and participation in the class is voluntary and is in no way mandated by HYPE Fitness Limited. This form has been completed with honest answers to the best of my knowledge. If there is any change to my health (including pregnancy) in the future, then I shall inform HYPE Fitness Limited immediately and complete a new questionnaire with the details and seek further advice from a health professional and potentially cease attending classes where necessary. Participation in the class therefore is on my understanding that if any injuries occur as a result of my attendance, HYPE Fitness Limited and its instructors are released from any liability now or in the future for any injuries or conditions that may be obtained from my participation.
I agree to respect the facilities, equipment and classes provided by HYPE Fitness Limited and follow directions from the staff and instructors at all times and to not deviate from the teaching instructions given. I understand that if any damage is caused to equipment or the premises due to not following staff or instructors directions, then I may be held liable for any costs for repair or replacement. I understand that all jewellery must be removed during pole and aerial based classes. I agree to not film or video without permission from the instructor and shall only do so during allotted times in the class to respect other participants privacy. I understand that chewing gum and food is not permitted inside the studios, and I will dispose of all rubbish in the bins provided. I understand that HYPE Fitness Limited are not liable for any lost or damaged personal possessions.
If I am bringing children to the studio whilst I participate in classes, I understand that they must stay in the reception area only and must be well behaved and not disruptive to other members or staff during the classes. I understand that any children are my own responsibility only and HYPE Fitness Limited and its staff/instructors are not liable for their behaviour or safety. I understand that HYPE Fitness Limited and it’s staff/instructors reserve the right to ask any disruptive or poorly behaved children to leave the premises.
For the online HYPE at Home Program:
By participating in these online classes, I am fit and well with no medical conditions. If I have any injuries or medical conditions, I will seek the advice and approval of a qualified health professional before completing any of the HYPE at Home Program. It is my responsibility to ensure that any environment I am following the online HYPE at Home Program in, is safe and secure, free of any slip or trip hazards, and that the equipment I use is suitable, safe and free of any damage.
I do hereby declare to be physically sound and not suffering from any condition, impairment, disease or other illness (other than those declared above) that would prevent me from following the HYPE at Home Program. I acknowledge that I have either had a physical examination and have been given my doctors permission to participate, or that I have decided to participate without the approval of my doctor and do hereby assume all responsibility for my participation. My use of the HYPE at Home Program is therefore is on my understanding that if any injuries occur as a result of my participation, HYPE Fitness Limited and its instructors are released from any liability now or in the future for any injuries or conditions that may be obtained from my participation.
Booking and Cancellation Policy
TO BOOK A CLASS
From the timetable page, click through to create an account and book the classes you want. You will need to make payment at time of booking on either a PAYG basis or you can purchase a pass or membership. If classes are full, HYPE Fitness does operate a waiting list. If you book yourself onto the waiting list, please check your emails for notification of a space. If you fail to check your emails and do not turn up for your space then you will lose your payment for class. HYPE Fitness can create accounts, book classes and take payments for you in person at the studio, but it is far easier for you to go online especially if it is very busy at reception!
TO CANCEL A CLASS
HYPE Fitness operates a strict cancellation policy as classes are very popular. You must cancel your booking on your online account no later than 12hrs before the scheduled start time or you will lose your payment or be charged a fee. Please respect this and have consideration for other members so they can book into your space. HYPE Fitness understands that things pop up in every day life that can suddenly change your plans, but please cancel your space as soon as you know if you cannot make it. HYPE FITNESS DOES NOT ACCEPT BOOKINGS OR CANCELLATIONS OVER THE PHONE OR EMAIL as these may not be picked up in time.
CANCEL MORE THAN 12HRS BEFORE CLASS:
No problem! For those of you who paid in advance either on PAYG rate or with a Class Pass, then your payment shall be credited back to your booking account to use for a future class. HYPE Fitness does not issue refunds. If you have a membership, then your space is cancelled with no further charge.
CANCEL LESS THAN 12HRS BEFORE CLASS (PAYG or Class Pass):
Payment will not be credited and payment is lost. When you book for your classes, this policy is outlined in the HYPE Fitness Terms&Conditions.
CANCEL LESS THAN 12HRS BEFORE CLASS (Memberships):
HYPE Fitness operates a 'three strike' policy. You are allowed three late cancellations or 'no shows' per calendar month. After three 'no shows' or late cancellations, a no-show fee of £5.00 shall be applied to your account and charged to your stored card details for every additional missed or late-cancelled class which take place in the remainder of that calendar month after you have used up your 'three strikes'. When you book for your classes, this policy is outlined in the HYPE Fitness Terms&Conditions and is agreed to in your Membership Contract Terms. Once you click to book, you agree to HYPE Fitness' terms and authorise the £5.00 charge if you fail to attend class or cancel your space less than 12hrs in advance, after three strikes per calendar month.
HYPE Fitness operates waiting lists for all classes on the timetable if the class is full. You must have a valid payment option available to secure your space on the waiting list. If you get a space in the class, HYPE Fitness will send an automatic email update to inform you. Please note that the 12hr cancellation policy will automatically apply as soon as you gain a space off the waiting list, so if you receive a space in class less than 12hrs before the class start time and fail to turn up then you will be charged. If you know that you can no longer make it, please remove yourself from the waiting list to avoid gaining a space and being subsequently charged if you then cannot make it. The booking system works on the assumption that if you are on the list, you are still available to attend.
If you unfortunately do not gain a space in class, any payments made via drop-in rate or a pass for your wait-list space will be automatically credited back to your member account to use for a future booking instead.
PRIVATE CLASSES & PT
You must pay a £15ph booking fee to HYPE Fitness to secure the time slot, however the reminder of the full price appointment must be paid directly to the instructor you choose. Their pricing levels are displayed on our PRICES page of our website. The instructor will contact you after you have paid the booking fee to inform you how to make payment to them. Please note that if the instructor does not receive full payment to themselves by 12hrs before the appointment time, your appointment is not confirmed and they have the right to cancel your booking with no refund of the booking fee from HYPE Fitness.
HYPE Fitness operates a 12hr cancellation policy for all private and PT appointments. If you cancel more than 12hrs before the booking, you will receive a credit onto your booking account to re-book for a future date. HYPE Fitness does not issue refunds for booking fees. If you cancel less than 12hrs before the booking or fail to pay the remainder of the balance to the instructor, the payment will not be credited to your booking account and payment is lost.
WORKSHOPS & MASTERCLASSES
Payment must be made in full at the time of booking to secure your space. As these are special events, with instructors who have set aside special time for the workshop or masterclass, bookings and payment for any masterclasses & workshops are final and cannot be cancelled or refunded. You may however transfer the space for a masterclass or workshop to a friend, but this must be confirmed in advance via email to HYPE Fitness
Payment must be made in full at the time of booking for the full party package price.
If the party is cancelled more than 7 days in advance of the original booking date: you can either transfer to a new date for free, or cancel and receive a refund for the amount paid minus a £50.00 administration fee,
If the party is cancelled less than 7 days in advance of the original booking date: HYPE Fitness will not issue any refund but you can transfer to another date for a £50.00 administration fee. If you do not contact HYPE Fitness to arrange a transfer of your booking by the date of the original party, then the payment is lost and you cannot transfer to another date.
Communicating with the studio
Please note that all changes to bookings must be made on your online account only and it is your responsibility to manage your bookings. HYPE Fitness cannot accept cancellations or changes to bookings via phone, text or email as these messages may not be picked up in time. Please only contact HYPE Fitness via phone or the studio email address if you have extreme difficulty in accessing your online account. Please do not contact staff members through social media or their direct phone number for any enquiries regarding your account or the studio as they are not always available or able to help. For HYPE Fitness to deal with your enquiry effectively, your questions will only be answered if you contact HYPE Fitness directly via phone or email to firstname.lastname@example.org
If you have a Membership and are changing banks or if your card is due to expire, you must update your card details on your account immediately (either with the studio reception team or online). If this does not occur, HYPE Fitness shall suspend your account and you will no longer be able to book or attend classes until the new details are stored. A £10 late fee will apply if you fail to provide a valid credit card or debit card information within 7 calendar days of the original rejection date. Your membership will be deactivated if the monthly account payment becomes more than 30 calendar days late and HYPE Fitness will take further steps, including (but not limited to) legal action to claim the fees due as per the Contract Agreement terms.
General Terms & Conditions
You must include a current and valid email address on your account. Please advise HYPE Fitness if your email address or home address changes, or if your surname changes through marriage. HYPE Fitness reserves the right to store your card details on your member account, and you authorise HYPE Fitness to take payment for any 'unpaid' class bookings. If you do not wish payment to be automatically taken for 'unpaid' bookings, then please cancel your space instead as it is against our booking policy to have 'unpaid' class reservations on member accounts. Every credit/debit card number entered is encrypted and kept in a secure format offsite, adhering to the industry’s most stringent PCI standards.
Any customers under the age of 16 years must have an account created and operated by a parent or carer and must be accompanied by an adult to any adult classes they attend. Exceptions to this are for specific children's classes as the instructor will be DBS checked. As a parents, you may stay on site if you wish, but you must remain in the reception area only for the duration of the class and do not enter the studios as this causes distraction and disruption. You must not book children into classes under your own name, but instead you must create a separate booking account for each child attending.
HYPE Fitness reserves the right to refuse entry to any members who turn up late to class and miss the warm-up. This is for your Health&Safety, to respect other members who have arrived on time and not disrupt the flow of the class. You must stay for the full duration of the class so that you are safely cooled-down at the end. If you become unwell or need to leave early, you must speak to a member of the HYPE team who will advise on next steps, and record you leaving early from class in the studio's Incident Book.
You are expected to wear appropriate clothing for working out in classes, especially the correct footwear (trainers or sports shoes). Items such as jeans and flip-flops or clothing that could catch on equipment are not acceptable items of apparel, as they could pose a health and safety risk. Instructors and the HYPE Fitness Team have the discretionary power to ask members wearing inappropriate clothing or footwear to leave the studio.
Opening hours, access, and the timetable are subject to change and no amount or number of classes are guaranteed as provision of a service.
HYPE Fitness does not offer refunds for PAYG class bookings, class passes or membership fees.
If you have purchased a class pass or membership and you have a medical reason for why you are unable to attend a class, you MUST inform HYPE Fitness in writing, together with a letter from a doctor/nurse/health practitioner BEFORE the expiry date of your pricing option. HYPE Fitness retains the right to normally not apply an extended expiry to a pricing option, however HYPE Fitness will consider each request for extension due to medical reasons on a case-by case basis.
If you make a payment using someone else’s bank account or credit/debit card, you must have their permission to do so.
Abuse of membership - for example, repeated non-attendance to booked classes and failure to pay the associated fees, deliberate damage to or misuse of equipment, physical or verbal abuse of HYPE Fitness staff, abuse or sharing of membership accounts, and conduct that is commercially detrimental to HYPE Fitness, will result in the immediate termination of membership. No refunds will be given, and any outstanding fees, repair costs and legal fees will be charged to the offending member.
Memberships/payment options cannot be transferred to or shared with another person.
HYPE Fitness does not allow customers to share accounts or memberships due to insurance purposes and safeguarding policies. The person attending the class must be the person listed on the account and booking. If you impersonate another customer to use someone else's membership or account in this way then you shall be asked to leave the premises and may be immediately banned from HYPE Fitness.
HYPE Fitness reserves the right to cancel or suspend your membership if at any time:
1. You seriously or repeatedly break these terms and conditions of use, or your membership agreement.
2. You or your guests use rude or abusive language or violent behaviour, or if your behaviour puts other class members or our staff at risk of harm or affects their interests in any way.
If HYPE Fitness terminate or cancel your membership for any of the reasons listed here, HYPE Fitness will not refund any prepaid PAYG, class pass or membership payments that you have made.
HYPE Fitness are not legally obliged to compensate you for any service, facility or item of equipment that is unavailable for reasons of health and safety, or any class that is cancelled for reasons beyond our control such as (but not limited to) government or local council shutdown of businesses, any public health or safety reason, any damage and closure of the premises, or any instructor unavailability.
HYPE Fitness is not obliged to cancel or refund any memberships when any service, facility or item of equipment is unavailable for reasons of health and safety, or any class is cancelled for reasons beyond our control such as (but not limited to) government or local council shutdown of businesses, any public health or safety reason, any damage and closure of the premises, or any instructor unavailability. If a class (or classes) cannot take place for any period in the HYPE Fitness studios, either the provision of the studios for individual functional training or online streamed classes by the instructors are deemed to be suitable provisions of the service or class as part of any membership contracts.
HYPE Fitness will not compensate you for loss, damage or personal injury where no negligence on our part can be proven.
From time to time, HYPE Fitness may take photographs and videos of classes in the studio for marketing purposes on (including but not limited to) leaflets, the website, newsletters and on social media platforms. By booking and attending classes at HYPE Fitness, you consent to these images being collected, however you must inform HYPE Fitness in writing if you wish to opt-out.
Website General Terms & Conditions
HYPE Fitness invites you to visit its website. Access to and use of the site is subject to the terms and conditions outlined herein and all applicable laws. HYPE Fitness reserves the right to modify these terms and conditions as needed by updating this notice. This is an offer made by HYPE Fitness to you, under which you are invited to browse, peruse and interact with our website for your own personal edification, guidance, information and communication with HYPE Fitness.
This offer is expressly conditional on your acceptance of these terms and conditions. This Agreement represents the entire agreement between you and HYPE Fitness concerning access to the HYPE Fitness, and takes precedence over all such existing communications and/or agreements.
You acknowledge that, whilst every effort is made to ensure that all information contained in the HYPE Fitness website is accurate and up-to-date, HYPE Fitness makes no warranty as to its accuracy, and you accept that any and all use of information contained on the HYPE Fitness website is at your own risk.
HYPE Fitness shall not be liable for any direct or consequential loss arising from your access to and/or use of or inability to access and/or use the HYPE Fitness website or any erroneous or omitted information contained on the HYPE Fitness website.
You accept that the entire content of the HYPE Fitness website is protected by copyright and that HYPE Fitness is either the proprietor or licensee of all copyright in the material contained therein.
HYPE Fitness reserves all its rights as copyright proprietor of the HYPE Fitness website and prohibits without limitation downloading, distribution, exhibition, copying, adaptation, reposting, modification of and dealing in any copyright material contained therein, save as expressly provided herein without the express written authorisation of HYPE Fitness.
You are advised that all communications made via the HYPE Fitness website and/or email, including but not limited to competition entries, is strictly on a non-confidential basis and you hereby grant to HYPE Fitness an exclusive perpetual license to use the content of any such communication for any purposes whatsoever.
You acknowledge that HYPE Fitness reserves all its rights as proprietor of all its trademarks and logos.
You are advised that any and all images of people and/or places and/or events exhibited on the website are lawfully used by HYPE Fitness and that any misuse of these images by you is prohibited. You are further reminded that any such misuse of images may be a violation of copyright law, trade mark law, rights of privacy, publicity and personality, laws of defamation and/or obscenity, communications regulations and other legal provisions.
HYPE Fitness reminds you that they police and enforce their rights vigorously to the maximum extent available under the law.