GB ACTIVE Limited Company number 09626596 referred to below as GB Active
1.Limitation of Liability
1.1 The client is aware of and understands the potential risks and dangers associated with physical activity including the use of equipment and that they voluntarily participating in these activities with knowledge of the risks and dangers involved.
1.2 The client understands that exercise and fitness activities in the outdoors involve a risk of injury or even death and that the client is voluntarily participating in these activities and using equipment and facilities with knowledge of the dangers involved. The client agrees and expressly assumes all and any risks of injury or death.
1.3 The client knows of no reason why they should not participate in any of the programmes and activities at GB Active Ltd (referred to below as GB Active) The client must declare themselves free of any condition, disease, infirmity or illness that may affect their participation and agree to inform a member of staff and where appropriate provide written consent from their doctor should such a condition or complaint arise before continuing with any activity.
1.4 The client agrees to abide by all oral notices regarding safety whilst at a GB Active class and that the client is aware of the opportunity to ask questions about the activities, general use of equipment and other related issues at class. If the client chooses not to take the advice or to disregard any advice given, the client will voluntarily and accepts liability for all resulting injuries or damage.
1.5 The client hereby waives, release and discharge GB Active Ltd from any and all responsibility or liability for injuries or damages resulting from their participation in any activities or use of equipment or facilities in the above mentioned activities.
1.6 The client must make sure that the health questionnaire has been completed accurately to the best of their knowledge and belief and will notify GB Active of any changes.
1.7 GB Active will not accept liability for any loss or damage to any vehicle or personal property belonging to the client during the Services.
2. Data protection under the GDPR
2.1 GB Active Limited will take great measures on protecting the clients data and will not share any data with a third party unless the client has given consent.
2.2 GB Active collects data either by the client signing up with GB active or booking through a third party platforms which GB Active has partnered and verified with. The only data that has been collected from third party platforms are the clients who have joined GB Active for a session.
2.3 The data will be stored on our system and can only be accessed by members of GB active staff, IT specialist which are verified and the client itself. No data will be used for by GB Active members of staff for their own personal purposes and will only be used for the business of GB Active and nothing else.
2.4 GB Active will only use the clients data for promotional offers, news and events, important updated information, new services and information about its sessions.
2.5 GB Active will also use the clients data to contact the client in regards to booking, giving out important information, missing a session, following up enquires or following up with the services they provide.
2.6 Some clients data will be shared i.e telephone numbers with our trainers which will only be used in regards to attending a session. This data will only be used in regards to the session being cancelled, change of location, the client not able to find the location , the client has not turned up or running late for the session. All instructors work with GB Active and will not use it for their own self gain. If they do clients can contact GB Active and the matter will be dealt with accordingly. All instructors will be aware of this policy.
2.7 GB Active uses GoCardless as third party payment service. Data can be accessed by GB Active members of staff through Go Cardless. All information on Go Cardless is strictly confidential and will not be used unless the client has given consent. The client can access this data at all times and are the only ones who can change the data which is provided.
2.8 Clients will have control and access to their own data at all times. Clients will have their own personal login details which the staff of GB Active can gain access to but will not change any details on their unless consent from the client.
2.9 GB Active asks to collect social media data from the client. This is not compulsory and clients can say no if they so wish. If the social media data is provided GB Active will only use it for promotional purposes for their goods and services they provide.
2.10 The client has the option to opt in or opt out of the newsletter which is used for promotions and updated news. When signing up as free trial the client as the option to opt in the newsletter. If the client signs up as a member of GB Active they automatically sign up to our newsletter but will be given an option to opt out. If the data is collected from a third party platform i.e ClassPass and other providers, the clients data wont be used unless the client gives consent verbal or electronically.
2.11 Clients will be asked to fill out health questionnaires when they first start which will be stored on a third party platform called jot form. Only GB Active members and trainers have access to this data and none of this date will be shared unless the client becomes ill, injured or life threating where the information will be passed on to the emergency services.
3. Fees and Payment
3.1 The fee is payable for the Services and will be charged on the time the payment is made.
3.2 The Fee must be paid in full on the time of the booking and when paid have entered into a contract between the client and GB Active under which the services are to be provided by GB Active to the client.
3.3 The fee is chargeable by GB Active for such services current at the date of the provision of the Services. Such fee shall include the planning, organising and delivery of the Services.
3.4 Once the payment has been paid by the client and then wishes to alter any aspect of the services or membership may do so no less than 3 days before the membership date comes up for renewal and the changes will come in to affect from the next renewal date.
3.5 If the client wishes to cancel their membership they must give no less than a month’s notice and such notice should be in writing to GB Active.
3.6 If the client gives less than 7 days’ notice upon cancelling the membership they are subject to pay charges up to 50% of the membership fee.
3.7 If the client wishes to suspend their membership they need to give 7 days’ notice and such notice has to be given in writing to GB Active. If the client fails to give a 7 day’ notice will be subject to pay the full membership fee for the following month.
3.8 GB Active has the right to change the payment if they see fit but must inform the client at least a month before their payment date. The client has the right not accept the new payment which then may involve the payment or membership being cancelled upon the date it expires or switch to a different payment.
4.1 In order to book a place for a session the client must have paid in full first before taking part. GB Active does not except payment on site and have the right to decline anyone participating in the session if payment has not been made unless it’s a free trail session upon which the client is allowed to participate in a session for free.
4.2 Clients must book themselves on to the class before arriving to the session. The client can book via the online booking system or notifying the team via email, phone or message. Each session has a maximum of 20 participants on a first come first serve basis.
4.3 Where a members fails to notify GB Active of their attendance at a session GB Active reserve the right to cancel the session. If a session has been cancelled and GB Active were not aware of a members attendance no refund or other session will be offered.
4.4 GB Active reserve the right to cancel sessions including for reasons of health and safety, where this happens and a member has noticed us of their attendance a replacement session will be included.
4.5 GB Active won’t refund the client if the classes are full but will try and help book the client on another class where available.
5.1 GB Active will time to time take Recordings, Photographs, videos or any other audio visual recordings taken of the clients during the provision of the Services. If the clients wish not to be recorded must notify GB Active.
5.2 Clients are not allowed and to refrain on collecting any contact details, signatures and memorabilia from the athletes before, during and after the sessions and while anytime when under contract with GB Active. Such action maybe approve under special request in which GB Active must be notified first.
5.3 If a client has any concerns of health or illness before the session must notify GB Active member of staff before the session commences.
5.4 GB Active will make aware to the client to any disruption to the services and will offer alternative arrangement except for bank holidays where no alternative offer will be made.
5.5 GB Active will let the client aware when services are suspended between Christmas and New Year and will notify the client on when the services will resume.
5.6 GB Active will be making every possible effort to make sure an athlete will be at each session but there may be rare occasions when situations arise and our out of our control.
6. Responsibilities of the Client
6.1 The Fee shall not include travel to and from the venue, location or country at which the Services shall be provided and this shall be the sole responsibility of the client.
6.2 The client shall be responsible for their own personal medical requirements, clothing and footwear for the duration of the Services.
6.3 Clients are to abide by and have a responsibility to carry out the limitation of liability set out in clause 1 of the terms of conditions.
6.4 If a client chooses not to participate in any part of the Services being provided, GB Active is not obliged to provide an alternative or any refund to the client.
6.5 GB Active reserves the right to alter the content of the Services without notice to the client due to certain factors such as being unsafe, limited to the weather and the physical fitness of the Clients.
6.6 The client must refrain from any illegal act and conduct which may give offence or cause danger or damage to any person or property at all times during the Services. If GB Active or any of its employees, consultants or agents, believe that the client is in breach of this obligation or is likely to breach this obligation, GB Active may in its absolute discretion terminate the contract forthwith without refund and require the client to leave the venue at which the services are being provided. GB Active will have no liability to the client in respect of such termination, howsoever arising.
6.7 Any Services published by GB Active are designed for illustrative purposes only.
If there is a problem during the Services, the client must report it in the first instance to an employee or consultant of GB Active. In the unlikely event that a problem cannot be resolved, the client must notify GB Active of the full details of the complaint. Failure to give details on GB Active will preclude the client from being entitled to take any further action against the company.
8.1 GB Active has the right to take recordings, photographs, videos or any other audio visual recordings of the client during the services and the client accepts that all rights whatsoever and howsoever arising in the recordings shall be owned solely by GB Active.
8.2 The client accepts and agrees that GB Active may use any recordings, photographs, videos or any other audio visual recordings in any manner that it may in its absolute discretion decide, including but not limited to its’ website or any other promotional material or advertisement.
8.3 Where a client has provided GB Active with a social media handle, they agree that GB Active may “tag” them in social media posts. This may include (but is not limited to) “tagging” of photos and messages. If a client does not wish this to happen they may request this via email to email@example.com
8.4 Where GB Active “tags” a client in relation to section 8 of these terms and conditions we only intend to post positive achievements and light hearted moments – no personal details of clients such as weight or health details will be referred to without explicit from the client concerned.
9. Law and Jurisdiction
This agreement shall be construed in accordance with the laws of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction in relation to any matters arising out of these terms and conditions.
10. Comments / Complaints
In the event that you have any reason to complain or have any comments, you must immediately inform GB Active. Any verbal notification must be put in writing. If you remain dissatisfied, you must email the team within 21 days of the end of your session giving full details of your complaint to: firstname.lastname@example.org