EQ Health, Fitness & Wellbeing Ltd. (EQ) - Terms and Conditions
All participants must be aware of this and accept the risks associated with these activities. Personal accident and cancellation insurance is recommended.
EQ Health, Fitness & Wellbeing Ltd. hereafter referred to as EQ accepts bookings subject to the following conditions:
1. Interpretation & Definitions
1.1 The definitions and rules of interpretation in this contract apply in these terms and conditions (Conditions).
- Booking: a booking made by the Client with EQ set out on the Booking Form.
- Booking Form: the booking form produced by EQ to be completed by the Client upon making a Booking.
- Contract: the contract between the Client and EQ under which the Services are to be provided by EQ to the Client.
- Client: the person, firm or company who makes a Booking with EQ. All individuals to whom the Services are provided by EQ must be a minimum age of 18.
- Deposit: An amount equal to 15% of the Fee.
- Fee: The total amount payable by the Client under the Contract.
- Force Majeure: any act, event, omission or accident beyond EQ's reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of EQ or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
- Fundamental Change: A change in the date, location or over 80% of the content of the Services.
- Recordings: Photographs, videos or any other audiovisual recordings taken of the Clients during the provision of the Services.
- Services: the services provided by EQ to the Client under the terms of the Contract and "Service" shall be construed accordingly.
- EQ: EQ Health, Fitness & Wellbeing Ltd.
1.2 Wording importing the singular meaning shall include the plural meaning and vice versa.
1.3 Reference to any gender includes the other genders;
1.4 Headings in these Conditions shall not affect their interpretation.
1.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
2. General
2.1 These Conditions shall be deemed to be incorporated in all Contracts and in the case of inconsistency with any Booking Form or other form of communication between the Client and EQ, whatever may be their respective dates, the provisions of these Conditions shall prevail unless expressly varied in writing and signed on behalf of EQ.
2.2 Any concession allowed by EQ to the Client shall not affect the rights of EQ under the Contract. If in any particular case any of these Conditions shall be held to be invalid or shall not apply to the Contract, the other Conditions shall continue in full force and effect.
3. Booking
3.1 To place a Booking, EQ requires a completed Booking Form together with the Deposit. All Bookings shall be provisional and shall only be confirmed once the Deposit has cleared in EQ's bank account.
3.2 If a Booking is made by a Client, the Client shall be deemed to have read these Conditions and if the Booking is made by telephone, e-mail or facsimile, the Client is deemed to have signed the declaration on the Booking Form.
3.3 EQ reserves the right to decline any booking at their discretion.
4. Acceptance
4.1 A Contract shall be formed and becomes binding only from the date when EQ has confirmed acceptance in writing. Furthermore, no Booking will be accepted by EQ if a Client, who is an individual, is under the age of 18, or where the Client is a firm or company, if anyone on whose behalf the Client is making the Booking, is under the age of 18.
4.2 No variation of these Conditions shall be valid unless it is in writing and signed by or on behalf of EQ and the Client.
4.3 No verbal representations made by EQ shall be relied upon by the Client.
5. The Fee and Payment Terms
5.1 The Fee payable for at the time of booking shall include the planning, organising and delivery of the proposed Services.
5.2 Once the Deposit has been paid by the Client, and the Contract formed under condition 4.1, if the Client wishes to alter any aspect of the Services, additional reasonable costs may be levied by EQ at their discretion.
5.3 The Deposit can be paid up to 12 weeks in advance via credit or debit card (subject to card type), or further in advance by cheque, or BACS Payment.
5.4 The balance of the Fee shall be paid by the Client to EQ, by cheque or BACS payment, no later than six weeks prior to the commencement of the Services unless agreed otherwise in writing by EQ on confirmation of the Booking in accordance with condition 4.1. In the event the balance is not paid, EQ will have the discretion to treat the booking as cancelled by the client and re-sell the course place. The deposit paid by the Client will be retained by EQ.
5.5 The Fee must be paid in its entirety at the time of the Client placing a Booking in accordance with condition 3.1, if a Booking is made within six weeks of the commencement of the Services.
6. Responsibilities of the Client
6.1 The Fee shall not include travel to and from the location at which the Services shall be provided and this shall be the sole responsibility of the Client unless agreed in writing with EQ.
6.2 The Client shall be responsible for their own personal medical requirements, clothing and footwear for the duration of the Services unless otherwise agreed in writing with EQ.
6.3 The Client shall be responsible for advising EQ in the Booking Form of any health issues that may make them unable to take part in any of the Services. Failure to do so may result in EQ terminating the Contract without refund and/or withdrawing the Client from any part of the Services, notwithstanding the provisions of condition 8.
6.4 The Client shall be responsible for their own personal accident insurance and insurance to cover the Client in terms of any event leading to the Client cancelling the Services.
7. Changes to the Contract
7.1 EQ reserves the right to change any price or other particulars of the Services before the Contract is formed in accordance with condition 4.1.
7.2 If there is a Fundamental Change to a confirmed booking EQ will inform the Client as soon as is reasonably practicable and offer the Client the choice of accepting the change, receiving a full refund or accepting the provision of the Services on an alternative date.
7.3 If there is any change other than a Fundamental Change after the Contract is formed in accordance with condition 4.1, EQ is not obliged to inform the Client in advance and no compensation will be payable.
8. Cancellations by the Client
8.1 If the Client wishes to cancel the Contract, the Client must advise EQ in writing as soon as reasonably practicable and the following cancellation charges shall apply:
| Date of Cancellation: | Cancellation Charge |
| Less than 6 weeks before start of the Services | 100% of the Fee |
| Less than 12 weeks before start of the Services | 75% of the Fee |
| Less than 16 weeks before start of the course | 50% of the Fee |
| More than 16 Weeks before start of the Services | 30% of the Fee |
8.2 The cancellation charges are calculated inclusive of the Deposit which is in all circumstances non-refundable.
8.3 The cancellation charges may be waived in exceptional circumstances at the absolute discretion of EQ.
8.4 If the Client fails to arrive on the commencement date of the Services, the Fee will be due in full to EQ and no refund shall be given.
8.5 The Client may request to reschedule the Services, provided that they do so no later than 6 weeks before the commencement of the Services, save that EQ reserves the right to refuse any such request. If EQ agrees to reschedule the Services then an additional 15% handling fee will be payable by the Client. If the Client fails to pay the handling fee, then EQ may in its absolute discretion cancel the Contract and notwithstanding condition 9, the cancellation charges in condition 8.1 shall apply.
9. Cancellations by EQ
EQ will always endeavour to fulfill confirmed bookings however EQ reserve the right to cancel. If EQ cancels a Booking prior to the commencement of the Services, EQ shall offer the Client the choice of either a full refund or the provision of Services on an alternative date.
10. Services
10.1 EQ reserves the right to alter the content of the Services without notice to the Client.
10.2 Any Services published by EQ are designed for illustrative purposes only.
10.3 EQ can in no way guarantee body change results, or any other results, including, but not limited to, weight loss, inch loss or fitness improvements.
10.4 During the provision of the Services, EQ reserves the right to alter the content of the Services at any time due to certain factors including, but not limited to, the weather and the physical fitness of the Clients.
10.5 If a Client chooses not to participate in any part of the Services being provided, EQ is not obliged to provide an alternative or any refund to the Client.
10.6 EQ may in its absolute discretion make decisions affecting the Clients and it may require a Client to cease participating in the Services if, for example, it believes that a person's health is at risk and if the Client has failed to advise EQ of a health condition in accordance with condition 6.3, EQ may in its absolute discretion terminate the Contract forthwith without refund, notwithstanding the provisions of condition 8.
10.7 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 EQ 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, EQ may in its absolute discretion terminate the Contract forthwith without refund, notwithstanding the provisions of condition 8, and require the Client to leave the venue at which the Services are being provided. EQ will have no liability to the Client in respect of such termination, howsoever arising.
11. Complaints
If there is a problem during the Services, the Client must report it in the first instance to an employee or consultant of EQ. EQ will use best endeavours to resolve any problem. In the unlikely event that a problem cannot be resolved, and the Client wishes to make a complaint, the Client must notify EQ within 28 days of the end of the Services.
12. Limitation of Liability
12.1 This condition 12 sets out the entire financial liability of EQ (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Client in respect of:
- (a) any breach of the Contract;
- (b) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
12.2 None of the exclusions and limitations in these conditions are intended to limit any rights the Client may have under statute or common law which may not be excluded.
12.3 Nothing in these Conditions limits or excludes the liability of EQ for death or personal injury resulting from the negligence of EQ; or for any liability incurred as a result of fraud or fraudulent misrepresentation by EQ.
12.4 The Client recognises that engaging in the Services includes an inherent risk. Those risks include a broad range and the Client recognises that those risks include the possibility of personal injuries and even death. The Client chooses to participate in the Services in spite of those risks. The Client therefore agrees to assume all risks that may occur resulting in any harm, damage, injury, illness or death to oneself. The Client agrees to release and discharge EQ, its officers, employees, consultants and agents from any and all claims for liability, damage, injury, illness, death, costs or other expenses or any other damages claimed except in respect of personal injury or death caused by the negligence of EQ.
12.5 EQ will not accept liability for any loss or damage to any vehicle or personal property belonging to the Client during the Services.
13. Assignment
13.1 Subject at all times to condition 13.2, the Contract may be assigned by the Client to a third party.
13.2 If the Client wishes to assign the Contract to a third party, he or she must give prior notice in writing to EQ by no later than 6 weeks prior to the commencement of the Services, giving the full name and address of the third party and EQ shall advise the Client as soon as reasonably practicable in writing whether or not it consents to the assignment to the third party. EQ reserves the right to refuse an assignment to a third party at any time, without providing a reason for such refusal. If the Client subsequently has to cancel the Contract as a result of EQ refusing the assignment to a third party, then the cancellation charges in condition 8 shall apply.
13.3 EQ may assign its rights under the Contract to any third party without obtaining the prior consent of the Client.
14. Media
14.1 EQ reserve the right to take 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 EQ.
14.2 The Client accepts and agrees that EQ may use any 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.
15. 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.
For the benefit of all our guests places are strictly limited so please call Alex Brounger now on 0843 289 1660 to secure your place or for further information.