Body Morph Fitness Ltd known here on as BMF accepts bookings subject to the following
1. DEFINITIONS AND INTERPRETATIONS
1.1 Body Morph Fitness Ltd is the service provider and is also referred to as BMF,
we, us, our and ‘the company’.
1.2 Agreement refers to these terms and conditions.
1.3 ‘Booking’ means a booking made by the client with BMF for our services be it
via the telephone, email, post, text or fax.
1.4 ‘Client’ means the person or company who makes a booking with BMF as listed on
the booking form.
1.5 ‘Contract’ means the Contract between the client and BMF whereby BMF provides
the client with its services.
1.6 ‘Deposit’ means an amount of 30% of the total fees, where applicable, as agreed
by BMF and the client.
1.7 ‘Services’ means the services provided by BMF to the client under the terms of
1.8 The subjects indicated in the singular shall also include the plural and vice
versa. Similarly, wording in the masculine shall also include the feminine form.
1.9 The headings contained in these terms and conditions are for reference purposes
only and should not affect their interpretation and shall not be deemed to be any
indication of the meaning of the clauses to which they relate.
2.1 Upon issue of written confirmation of the booking between BMF and the client,
a contract of services is made between both parties.
2.2 All agreements on the part of either of the parties which are made up of more
than one person or entity shall be deemed jointly and severally liable.
2.3 The contract is subject to these booking conditions which the client has acknowledged,
fully read and deemed to understand. These arrangements can only be amended in written
confirmation between both parties. This excludes any verbal agreements. No verbal
representations made by BMF shall be relied upon by the client.
3 BOOKING FEE AND PAYMENT
3.1 To place a booking BMF requires a completed booking form and/or individual information
form. Clients booking by telephone or email or fax will have been deemed to have
read the booking conditions and to have signed the declaration on the individual
information form. A booking is accepted and becomes binding only from the date when
BMF has confirmed acceptance in writing by means of a confirmation of booking email
or letter. BMF reserves the right to decline any booking at their discretion.
3.2 Deposits are required for group bookings. Where a deposit is required, the deposit
must be received and cleared in the BMF bank account for a booking to be reserved.
If the client wishes to amend part of the programme this may incur further charges.
The client will have been deemed to have understood the Terms and Conditions once
a booking has been made.
3.3 The balance of the booking fee is due prior to the course start date, unless
otherwise agreed between both parties in writing. In the event the client does not
pay the balance by the course start date, the booking will be deemed cancelled.
3.4 We reserve the right to decline a booking at our discretion if we so wish.
4.1 Group bookings may be cancelled at any time. Cancellation charges will be calculated
from the date written notification is received by BMF and shall be calculated as
a percentage of the total price and shall be based on the following. The cancellation
must be received by BMF in writing.
Less than 6 weeks - total fee payable
Less than 12 weeks - 75% of the total fee
Rescheduling more than 21 days prior to start date - 30% of full course price
Rescheduling less than 14 days prior to start date – no refund
Participants who do not attend the course forfeit the full cost.
5 CANCELLATION BY BODYMORPH FITNESS LTD
5.1 BMF will always endeavour to ensure courses are run on the date specified. However,
we reserve the right to cancel bookings in certain circumstances and if this happens,
the client will be offered an alternative date or be entitled to a full refund. (Pro
rata refund/price increases as appropriate)
6 FORCE MAJEURE
6.1 Both, parties shall be released from their respective obligations in the event
of national emergency, war, riot, act of God, civil commotion, malicious damage,
flood, storm, fire, adverse weather, failure of utility services or transport network,
default of any supplier or subcontractor, industrial dispute or strike or any other
act omission, event or accident beyond the control of BMF or the client.
7 CLIENT RESPONSIBILITIES
7.1 Transfers to and from the course location are not included unless otherwise stated
7.2 The client must inform BMF in writing (prior to the start of the course) of any
health, mental or personal issues that may affect their personal performance on the
course or that may make them unsuitable to participate in the services or activities
provided, or cause medical problems, injuries risks or fatalities to themselves or
others. Failure to disclose such information may result in BMF terminating the client’s
contract on the course without refund. If BMF has reason to believe a client’s health
or personal safety, or that of other clients on the course, is at risk we may terminate
the contract immediately without refund.
7.3 The client is to fully abide by any rules or instructions by BMF, the Directors
and contractors, with regards to safety and proper practice.
7.4 The client understands that any activity or service provided by BMF may involve
a certain degree of risk and could result in injury or fatality.
7.5 It is recommended that all clients have personal accident and cancellation insurance
prior to attending the course.
7.6 Acceptance of authority: Partners, employees and staff of BMF will use their
best endeavours to resolve problems to the benefit of the client as a whole. The
client must refrain from any conduct that may give offence or cause danger or damage
to any person or property. If BFM or any of its suppliers suspect a client is in
breach of this obligation, is likely to breach it or is otherwise unfit to participate,
BMF or its suppliers may in their absolute discretion, refuse the booking or have
the client removed from any property or facility. BMF will owe the client no liability
in such circumstances and the client will be solely responsible for any costs incurred.
7.7 The course Director/Directors may require an individual or a number of persons
to leave the group if they believe that the client’s health and safety are at risk,
if an illegal act has been committed, or the client has behaved in a way as to endanger
safety, enjoyment or the welfare of the group as a whole. In the event of this action
the client involved shall not be entitled to any refund from BMF and will be required
to meet all expenses involved in their immediate extraction.
8.1 Conditions: As part of the continual review of safety and associated considerations
the conditions of booking are subject to change clarification and modification at
any time. Only the course Director/Directors or their appointed deputy is empowered
to vary or waive any of the Conditions of Booking. Such decisions are totally at
the discretion of the course Director/Directors or the appointed deputy. BMF reserves
the right to amend the content of the services it supplies at any time without notice
to the client due to factors including, but not limited to, the clients physical
fitness, weather or qualifications, experience of the clients and staff employed
or hired by BMF.
8.2 BMF makes every effort possible to accurately reflect its service on our website
and any related marketing materials; however, at times it may be necessary for us
to amend any part of the course or services provided.
8.3 If the client chooses not to participate or accept any part or all of the services
or activities provided by BMF, we are not obliged to offer any suitable alternative
and the client will not be entitled to a refund.
9.1 BMF reserves the right to change any price or other particulars of the services
provided to the client. The course manager or contractor may also amend the course
9.2 If there is significant change in the course content such as the course location
or programme of activities, BMF will endeavour to notify the client forthwith although
this is not an obligation. BMF shall seek to offer the client arrangements as close
to the original as possible or as is reasonable in the circumstances, an alternative
date or a pro rata refund based on services amended.
9.3 This contract is non transferable.
10.1 If there is a problem during the course or with the services provided, the client
must report it in the first instance to the course manager or leader. If the problem
remains unresolved then the issue should be reported immediately to BMF so all efforts
can be made to resolve the problem efficiently. In the unlikely event that the problem
still cannot be resolved and the client wishes to make an official complaint then
BMF must be notified in writing within 14 days after the services have been provided.
Please include; your booking reference number/party details and exact full details
of your complaint in your letter also include your daytime and evening telephone
numbers and mobile if applicable. Failure to take these steps will prejudice our
ability to resolve your problem and/or investigate it fully therefore any right to
compensation you may otherwise have had will be lost or substantially reduced. If
the above steps are not adhered to the client will be unable to take further action
11.1 BMF, nor any of its associated Directors, employees or contractors, shall not
be liable for the death, injury or loss or damage to the client or client’s property.
This does not exclude or limit liability to you for injury or death resulting from
our negligence or that of our employees.
11.2 None of the exclusions and limitations in these conditions are intended to limit
any rights the client may have under statute or common law.
12.1 BMF reserves the right to take any photographs, recordings or testimonials of
clients during activities of services provided. All associated rights shall be solely
owned by BMF and may be used on its website, marketing and promotional materials.
12.2 The client shall not produce written, taped or photographic content or commentary
without prior permission in writing to BMF.
13.1 The client shall not use information gathered from BMF for commercial or financial
use either during or after services provided.
14.1 BMF reserves all copyright in connection with Body Morph Fitness Ltd. BMF reserves
the right to take such actions as may be deemed appropriate to prevent copyright.
15 PROPER LAW AND JURISDICTION
15.1 This agreement shall be governed and constructed in accordance with Scottish
15.2 Any proceedings arising from this agreement may be brought to court in Scottish
jurisdiction. This shall not limit BMF to commence any proceedings in any other
jurisdiction it considers appropriate.