terms & conditions

Terms and Conditions - Vibe

Version 1.1 dated 30 November 2022

1.  INTRODUCTION

1.  Please read our terms and conditions before using our website and booking onto our services.   By booking one of our services, you are agreeing that you have read and understood the Terms and Conditions (T&C's) and agreed to be bound by them. 

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2.  You agree not to use our website or our facilities if you do not agree with our T&C's as defined within this document and elsewhere.

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3.  We reserve the right to change our T&C's at any time; these changes become effective immediately the change has been published on our website. 

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4.  Please get in touch with us if you have any questions about our T&C's, the provision of our services or our website.  Our contact details are displayed on our website. 

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2.  GENERAL

1.  The classes Vibe provides all involve physical exertion and some degree of risk.  Your health and wellbeing are our primary concern and we endeavour not to put you in any situation which may compromise this. 

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2.  Before making a booking, you agree that you have read and understood our T&C's in full and you agree to have made sufficient enquiries to ensure that the activities you plan to undertake with Vibe are suitable for your level of fitness and ability.  Please contact us via email if you need further information to be able to make an informed decision.  

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3.  You agree that it is your responsibility to inform us in writing of us any conditions or circumstances that could potentially impact on your ability to take part in any of the activities we provide or may affect any first aid we may be required to provide.

All such information will be treated with complete confidentiality unless we are legally required to disclose this in a Court of Law or are required to provide this information for our Insurers.

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3.  OUR CUSTOMERS

1.  You must be 18 years and over to attend any of our classes.  You must agree to comply with our class rules, which are published on our website and are displayed in our studio.  Our instructors and classes are subject to change at any time and you will be informed of this change via email and or SMS.  

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2.  We reserve the right to refuse you access to Vibe and to suspend or terminate your use of our services if we reasonably consider that your conduct is damaging to our reputation, is in breach of these T&C's or would otherwise be in the interest of other users of the studio, participants of our classes or the management of Vibe.

4.  OUR CLIENTS

1.  Vibe Clients are those persons who access and use the facilities of Vibe with the agreement of the Staff.  Clients will have paid a consideration and have signed to agree to be bound by all of the Terms and Conditions described within this agreement.

2.  Whilst on the Vibe premises, Clients agree to follow the instructions of the Staff and Instructors of Vibe at all times for all matters relating to safety and the use of Vibe facilities and equipment.

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5.  PAYMENTS AND CREDITS



1.  To book a class, you must sign up/register an account via our website, which will allow you to check availability and enable you to book onto sessions, daily, weekly or monthly.  Credit and classes are not transferable to any other person.  The bundles or packages you buy are non-refundable.

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2.  You acknowledge that Vibe charges a fee for its services and we reserve the right to amend our fees from time to time.  If Vibe terminates your account because you are in breach of any of these terms and conditions then you may not be entitled to a refund of any of the credits you have bought

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6.  BOOKING A CLASS

1.  You can check availability and book classes in advance, online via our website.  When you book a class, one credit will be deducted from your account unless otherwise stated on our website. 

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2.  Classes are subject to availability and we do not guarantee that spaces will be available in any given class, even if you have sufficient credits in your account.

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3.  We have a 12-hour cancellation policy.  If you cancel your spot less than 12 hours before the start you will lose your credit. If you cancel more than 12 hours before the start, your credit will automatically be refunded onto your account.  If you cancel less than 12 hours before the start, your credit will only be refunded if the class is fully booked when the class starts.

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4.  If the class you wish to attend is fully booked, you may choose an alternative class with remaining spaces.  Alternatively, you may join a waitlist for the fully booked class.  If you join the waitlist and a space becomes available, you will be contacted via email or text.  

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7.  COOLING OFF PERIOD

1.  Where a Client has purchased a Membership or Credit online, they have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel during the cooling off period.  To achieve this, clients who wish to cancel should contact our studio by telephone, in person or via email.

8.  LIMITATION OF LIABILITY

1.  We take our responsibility to care for our customers very seriously and we aim to ensure that the time you spend with Vibe is a safe, fun and enjoyable experience.  However, we do not accept responsibility for any harm, damage or loss that results from your own actions, actions beyond our control or for those actions and events which we cannot have reasonably foreseen.

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2.  In consideration of Vibe accepting a person as a Client, the Client agrees that:

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3.  Neither Vibe, nor its employees or agents shall be liable for any loss, damage or theft of any property (including bicycles) belonging to, or brought onto or left outside the premises by the Client or any guest of the Client, unless such loss, damage or theft was caused by the negligence of Vibe or its employees, agents or sub-contractors.

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4.  Vehicles, bicycles and their contents, parked or locked up on or outside Vibe and the Island Riding Centre premises are left at the owner's risk and Vibe will accept no liability for loss, damage or theft in respect thereof, unless such loss, damage or theft was caused by the negligence of Vibe Iw or its employees, agents or sub-contractors.

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5.  Neither Vibe nor its employees or agents shall be liable for any death, personal injury or illness occurring upon the Vibe or Island Riding Centre premises or as a result of the use of the facilities and/or equipment provided by Vibe, except to the extent that such death, personal injury or illness arises from a negligent act or omission of Vibe or its employees, agents or sub-contractors.  For the avoidance of doubt, you agree that Vibe is not responsible for a Client's injury, illness or death which arises from any medical condition or other unsuitability for exercise regardless of whether the cause/s are are known to be pre-existing, previously undiagnosed or remain unknown.

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6.  Vibe clients agree that it is their responsibility to ensure that their physical condition is appropriate for participating in Classes and to ensure that they correctly operate or use any facilities and/or equipment provided, including the adjustment of levels or settings on any equipment. If the Client is in any doubt as to how to correctly operate any equipment, they agree to consult a member of staff before use and to act on the information provided.

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9.  USE OF OUR WEBSITE

1.  Certain areas of our website are restricted and may only be accessed if you are registered with us and have been issued with or have chosen a username and password.

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2.  Your username, password and other login details are unique to you and you agree not to disclose them to any third party or permit anyone else to use them.  If you believe or suspect that someone else knows your login details you must contact us as soon as possible so that we can change it for you.

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10.  PERSONAL BELONGINGS

1.  You agree that Vibe is not responsible for the safe keeping of any of your personal belongings, regardless of whether they are in the Studio, the immediate surroundings, or elsewhere within the grounds of the Island Riding Centre.  

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2.  You accept that Vibe is not responsible for the safety or security of your vehicle or any person or anything within it whilst within the grounds of the Island Riding Centre; irrespective of whether your vehicle is parked or not. 

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3.  Where loss or damage to property including vehicles, and/or their contents, brought onto Vibe premises is caused by the negligence of Vibe or its employees, agents, or sub-contractors, Vibe liability shall be limited to £500 (for any one incident).

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11.  MEDICAL
1.  Every client warrants and represents that on each occasion they use the facilities of Vibe, they are in an appropriate physical condition to participate in classes or exercise and they know of no medical or other condition why they may not be capable of engaging in the same.  Further to this, they warrant that any Vibe class or exercise will not be detrimental to the client's own health, safety or physical condition and will not be detrimental to the health and safety of other Vibe clients.

2.  Vibe staff are not medically trained and are therefore not qualified to assess whether the Client or any guest is in appropriate physical condition and/or whether that the Client can engage in any exercise without detriment to the Client's health, safety, comfort, or physical condition. 

3.  Clients are advised not to undertake any physical activities without first seeking professional medical advice if they have concerns over their physical condition.  Vibe IW reserves the right to refuse access to any Client if it considers that the health of the individual concerned or of others may be endangered by the use of Vibe IW facilities. 

4.  Clients shall not use Vibe's facilities if they are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to the health safety, comfort or physical condition of other Clients.  If there is any doubt, Clients should consult their doctor and agree to immediately notify Vibe of any circumstances affecting their health which may be exacerbated through continued use of the Studios. 

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12.  INJURY OR ILLNESS
1.  If at any time during participation in a class a client suffers any injury or illness (however minor), the client must immediately disclose this fact to the Instructor taking the class. The client agrees to provide further information relating to the injury or illness as reasonably requested by the Instructor. If the Instructor believes that the client has any injury or illness which could potentially be a risk to the health and safety of any clients or staff participating in the class, the Instructor may require the client to limit or restrict any further participation.

13.  PERSONAL BELONGINGS, DRESS, SAFETY 
1.  Clients are requested to wear a form of dress appropriate to a fitness class. In the interests of safety and hygiene, no crockery, glass or food are permitted in the Studios. No pets (with the exception of guide dogs) are permitted in the Studios' buildings or grounds. Clients must use the main entrance to the Studios when entering or leaving the Studios.  Fire exits, which are clearly marked, are there in the interests of safety and must not be obstructed for any reason. 

2.  In the event of a fire, Clients are asked to make their way through the exit and to assemble at the top of the Main Car Park at the clearly marked assembly point. 

3.  Smoking is not allowed within the Vibe premises or adjacent property.

4.  Clients consent to having their photograph taken by Vibe IW at any time whilst using the facilities and Vibe reserves the right to use any such individual or group photographs of Clients and/or guests for press or promotional purposes. If a Client specifically does not want their photograph used for such purposes then they must notify Vibe in writing. 

5.  Clients are required to give written notice to Vibe of any change of address, mobile phone number or email and are required to provide up-to-date contact details for an emergency point of contact.

6.  Vibe may communicate with the Client by email. By providing an email address, the Client consents to receiving email communications including notices pursuant to these Terms and Conditions.  Vibe will not be liable for any loss or damage suffered as a result of communicating with a Client by email. 

7.  Vibe reserves the right to refuse admission. 

8.  A person who is not a party to the Registration or Membership Form and who is not a client of Vibe has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any provisions of the agreement between Vibe and the Client.

9.  These Terms and Conditions and any disputes arising from them shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts. 

14.  CONSENT AND DATA USAGE 
1.  By registering an account with Vibe, you agree to receiving communications, including marketing communications via email and SMS. 

2.  We operate in accordance with GDPR.  Please see our website for more information on our Privacy Policy. 

15.  TERMS & CONDITIONS - GENERAL
1.  If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the client agrees that the remaining provisions shall remain in full force and effect.

2. Definitions and Interpretation In this Agreement the following terms shall have the following meanings: 

T&C's.  T&C's is an abbreviation of Terms and Conditions.

Vibe.  Vibe is the trading name of "Vibe", the Partnership/Company by which the fitness and training services of are provided and by which the staff and instructors are employed.

Client. A client is defined as anyone visiting or using Vibe facilities, websites or equipment with the agreement of Vibe regardless of whether having previously paid a consideration.