Please Read carefully these Terms and Conditions before using the Website. The following agreement outlines the legally binding Terms and Conditions between you and We Are POPfit.
About these Terms & Conditions
The Company reserves the right to change the Terms and Conditions in its absolute discretion. Members accept and are bound by the Terms and Conditions as changed from time to time. Any changes to the Terms & conditions will be published on this website. Members should check the Terms and Conditions in place at the time of each Class.
The following words are used throughout the Terms & Conditions and have the following meaning:
“Company” refers to Evelyn B Limited trading as We Are POPfit. Company number: 10558086.
“Member” refers to any person using We Are POPfit services. Including but not limited to, the use of the website, the purchase of any We Are POPfit services and products, anybody attending a Class.
“Class” or “Classes” refer to any classes put on by the Company.
“Credit” refers to class credits purchased via the Website or in the Studio.
“Packages” refers to a package of class credits, purchased via the Website or in the Studio.
“VIP Membership” refers to the We Are POPfit monthly unlimited VIP Membership purchased on the Website or in the Studio.
“Account” refers to a Members account, created on the Website prior to booking.
“Studio” refers to the We Are POPfit studio located at 19 Sidworth Street, London, E8 3SD.
“Terms and Conditions” refers to this document.
“Website” refers to https://www.wearepopfit.com and https://www.wearepopfit.co.uk
● Registration & Membership
◦ Subject to these Terms and Conditions, when a person has completed the registration form either in person or via the Website, the person will become a Member of the Studio.
◦ If anyone accesses and use this Website, they accept and agree to be bound by and comply with the Terms and Conditions.
◦ Acceptance of a person as a Member is at the absolute discretion of the Company.
◦ The Company reserves the right to refuse entry or expel Members from the Studio in its absolute discretion.
◦ Should a Member’s conduct be deemed unfit or should they be in breach of the Terms and Conditions, the Company will expel that Member from the Studio and will not refund the Member.
◦ It is the Member's responsibility to provide accurate and up to date information when becoming a Member and make the Company aware of any changes as soon as they occur.
◦ The Member must not use another person’s account.
◦ The Member is solely responsible for any activity on their account and keeping their login details and password safe. Members must notify the Company of any misuse on their account.
◦ Prices are as stated on the Website. Prices may change from time to time, but all bookings made prior to change in price will remain unchanged.
◦ All Packages have an expiry date of 6 months from date of purchase. Any unused Credits on an account after 6 months will automatically be lost and unredeemable. Unused Packages will not be liable for refunds.
◦ The We Are POPfit VIP Membership is a recurring monthly payment that allows unlimited access to any Class at We Are POPfit. This does not include access to workshops and events.
◦ To be entitled to the VIP Membership, payment details must be stored on their account via MindBodyOnline.
◦ We Are POPfit VIP Membership will be charged immediately on the day you sign up, unless specifically requested otherwise. The recurring monthly charge will be deducted on the same day each month ongoing until notice is given. Where such date does not exist in a particular month, the payment will be deducted the next immediate day. Should the Member wish for the start date and payment date to be different to the sign up date they must first speak with reception staff prior to purchasing, they are under no obligation to do this and it is at the staffs sole discretion .
◦ You authorise for the payment to be deducted automatically each month unless notice is given in writing.
◦ A Member may suspend their VIP Membership at any time, which will skip or pause automatic payments. This can be done for a maximum of 2 weeks at any one time.
◦ Should a Member wish to cancel their VIP Membership this can be done at any time. The Member must however give 5 working days notice prior to their next due payment date.
◦ The Company reserve the right to withdraw, vary or amend any promotion, discount or competition at anytime.
◦ Pre-booked Classes must be paid for in advance.
◦ Classes can be purchased via the Website using a credit or debit card. They may also be purchased in person at the Studio with a credit or debit card or cash.
◦ Due to limited number of spaces per Class, we do not guarantee space for Members who have not booked in advance.
◦ It is possible to pay on arrival, without booking, however it is at the Member’s own risk – there may not be space in the Class.
◦ If a Member has purchased a Package, online booking automatically deducts a Credit from the Package.
◦ Once Classes are shown to be full online, there will be no more spaces available, subject to there being no cancellations. In the case of cancellations there will be a waiting list. If a Member commits to the waiting list and is then given a space in the Class, they have confirmed the place in that Class. Should a Member no longer wish to remain on the waiting list, it is the Member's responsibility to cancel their waitlist allocation.
◦ A Class booking is complete once the Member has received a booking confirmation email to their registered email address on their account.
◦ The Company has a 3 hour cancellation policy. If a Member cancels their position in a Class, 3 hours prior to the Class’s start time, the credit will be added back to the Member’s account for future use. If a Member cancels their position within 3 hours before the Class start time, the Credit will still be added back to the Member’s account for future use but the account will also be charged a £5 late cancellation fee.
◦ Cancellations can be made via the Website, App, emailing the Studio via firstname.lastname@example.org, by telephoning the Studio or in person at the Studio.
◦ If the Member would like to switch the Class within the 3 hour window the Member must call the Studio or email email@example.com. The Company has no obligation to switch the Class and may do so at its sole discretion.
◦ All sales are final. Classes are non-refundable, exchangeable or transferable.
◦ The Company cannot be held responsible for a particular Class or Instructor becoming unavailable. If an Instructor becomes unavailable we will ensure, where practically possible, that they are replaced by another Instructor. Where this is not possible, or where a session is cancelled due to unforeseen circumstances, we will issue a Credit back to the Member's account so they are able to book into an alternative Class. The Company will not be liable for any other incurred costs or damages to Members from a cancellation.
● Studio Rules & Regulations
◦ The Company may change the Studio’s opening times from week to week. Once opening times are scheduled online, the Company will endeavour to keep the times as stated. Any changes made to the times will be highlighted on the Website and all booked Members will be informed by email.
◦ Members are asked to arrive to sign in at least 10 minutes prior to the start of the Class. The Company reserves the right to refuse entry to anyone arriving after the start of the Class.
◦ Personal belongings brought to the Classes are brought at the Member’s own risk. The Studio provides some form of storage space, but the safety of the possessions is not the responsibility of the Company. The Company does not accept liability for loss or damage except in so far as such loss or damage is by Law incapable of exclusion.
◦ The Company request all Members to dress appropriately for Class. Details of recommended attire are featured on the Website.
◦ Cleanliness and hygiene is essential – both of Members themselves and their attire. Soiled clothes or poor personal hygiene will result in the Company exercising the right to refuse entry.
◦ Persons must be 16 or over before becoming a Member of the Studio.
◦ Any person must be 16 and over to attend a Class with We Are POPfit. If under the age of 18 the separate waiver must be signed by a parent or legal guardian of the Participant and agree that the Participant and parent/guardian shall comply with all stated and customary Terms and Conditions stated here.
◦ Shoes suitable for a fitness class must be worn during the Class.
◦ Mats will be provided by the Company.
◦ Towels must be brought to the Class by the Member.
◦ Members must not take photographs in any class without permission from the Instructor.
● Fitness and Health
◦ The Company advises Members not to take part in one of the Classes without first seeking medical advice if they have any concerns at all over their physical condition.
◦ Members with low or high blood pressure or cardiovascular irregularities should not attend the Class without express and written permission from a medical professional.
◦ The Company reserves the right to refuse access to any Member if it in any way doubts the health of the Member and their ability to safely take part in the Classes.
◦ Members accept the risk of injury from performing exercises in the Classes. The Company accepts no liability for injury to the Member, except in so far as such injury by Law incapable of exclusion.
◦ It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any).
◦ Members may take a Class (with consent from their doctor sent to the Studio office) during pregnancy until the end of their second trimester only.
◦ Members are required to follow the instructions of the Instructor at all times.
◦ If any Member is late for their session they will be refused entry to the class to avoid personal injury.
● Limitation of Liability
◦ The Company cannot be held responsible for any particular Class, Instructor and/or item of equipment not being available for whatever reason. The Company reserves the right to make alterations to the Classes, Instructors and/or equipment, as well as to those ancillary facilities (e.g. showers), provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except in so far as such loss is by Law incapable of exclusion.
◦ It is the Member’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme which they follow or Class they attend. They are advised to consult their doctor prior to beginning any session. Advice by our Instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.
◦ Members accept there is an element of risk involved from performing exercises and using specialist equipment. Although care to avoid injuries is taken, no elimination of risk is ever completely removed. The risk involved differs from;
- low impact injury, including but not limited to; bruise, scratch.
- major injury, including but not limited to, a joint or muscular injury.
- disastrous injury, including but not limited to, loss of limb or death.
◦ Subject to 6.5 the Company will compensate you for any loss or damage you may suffer, only if the Company fails to carry out our obligations set out in these Terms and Conditions, or to a reasonable standard or breach any duties imposed on us by Law (including if we cause death or personal injury to you by our negligence) unless that failure is attributable to:
- your own fault
- a third party unconnected with our obligations under these Conditions
- events which we could not have foreseen or forestalled, even if we had taken all reasonable care.
◦ Our liability to compensate you is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.
◦ In consideration of the Members participation in the activities and programmes of the Company and the use of facilities and equipment owned and/or under control of the Company the Member hereby accepts full responsibility for injuries or damages resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities save in respect of death or personal injury.
◦ Any member of POPfit waives and releases the company and all staff of all responsibility and liability from personal injury or damages including property, resulting in the member's participation in class or by using the company’s facilities.
◦ By using the We Are POPfit Website www.wearepopfit.com and www.wearepopfit.co.uk you are agreeing that you agree to these Terms and Conditions and agree to comply with them.
◦ All content on the We Are POPfit Website is either owned or licensed to We Are POPfit and is provided to the user for their information and personal use only. It may not be used for commercial use by anybody using the Website.
◦ The views expressed online by others do not represent the Company’s views and values.
◦ All electronic links to this Website may only be used with our written consent.
◦ The content on the Website is valid at the date of publication. The Company will update this accordingly however can not guarantee that content will always be accurate and in date.
◦ Anybody using the Website will not intentionally misuse, disable or damage it any way. This includes but is not limited to, introducing viruses, malicious code, unauthorized access to the site, network, software, or any other members accounts.
◦ The Website may include links to third party websites from time to time. The user will be solely reliable for the use on any alternative site. We Are POPfit do not take responsibility for any damage or issues that may arise when using these sites.
Evelyn B Limited c/o Malthouse & Co, America House, Rumford Court, Rumford Place, Liverpool, L3 9DD (“We”) are committed to protecting and respecting your privacy.
Information we may collect from you
We may collect and process the following data about you: information that you provide by filling in forms on our Website www.wearepopfit.com and www.wearepopfit.co.uk. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, emailing the Company and any of it’s staff members, requesting further services or, for example, if you enter a competition or promotion run by us or if you report a problem with our website.
• If you contact us via telephone, email or post, We may keep a record of that correspondence.
• We may also ask you to complete surveys that We use for research purposes.
• Details of transactions you carry out through our Website and of the fulfilment of your orders.
• Any details concerning your visits to our site and the resources that you access.
• Any details relating to your health and fitness as disclosed by you to us on your registration as a Member of the Company.
IP Addresses and Cookies
• We may collect information about your computer, including where available your IP address, operating system and browser type and for system administration but which does not identify you as an individual.
• For the same reason, We may obtain information about your general internet usage by using a cookie file stored on the hard drive of your computer. Cookies help us to improve our site and to deliver a better and more personalised service.
Storing and Processing your Personal Data
• All information you provide to us is stored on our secure servers and will be processed by us, for example when you make payments to us and to enable us to provide our services to you. Any payment transactions will be encrypted. Where We have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
• Unfortunately, the transmission of information via the internet is not completely secure. We will do our best to protect your personal data but do not guarantee the security of your data which you transmit to our Website at your own risk.
Disclosure of your information
• We may disclose and transfer your personal information to any member of our group including any subsidiary, ultimate holding company and/or its subsidiaries.
• You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if We intend to use your data for such purposes or if We intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms We use to collect your data or by emailing us at firstname.lastname@example.org.
• Our Website may, from time to time, contain links to and from other websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies or for the content, goods and/or services provided by those websites.
Access to Information
• The Data Protection Act 1998 (the Act) gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information We hold about you.