This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. We keep certain basic information when you visit our website and recognise the importance of keeping that information secure and letting you know what we will do with it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller isThrive Training Club Limited
This policy only applies to our site. If you leave our site via a link or otherwise, you will be subject to the policy of that website provider. We have no control over that policy or the terms of the website and you should check their policy before continuing to access the site.
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 site www.thrivetrainingclub.co.uk (our site). This includes information provided at the time of registering to use our site, subscribing to our service or requesting further services. We may also ask you for information when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs, operating system, browser usage and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual and we will not collect personal information in this way.
We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
- To estimate our audience size and usage pattern.
- To store information about your preferences, and so allow us to customise our site according to your individual interests.
- To speed up your searches.
- To recognise you when you return to our site.
Where we store your personal data
All information you provide to us is stored on our secure servers. 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 site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by [post or telephone].
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
Disclosure of your information
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
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. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. 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. Please check these policies before you submit any personal data to these websites.
Access to information
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.
The following terms and conditions apply to Thrive Training Club members who elect to pay their membership fees in monthly instalments (reoccurring card payments) and customers who elect to purchase a 12 membership in full payment.
You have a 28 day “cooling off” period from the date your membership payment is is taken or the signing of any contractual agreement which we provide to you whichever is the later.
Should you decide to cancel within 28 days, any administration fees paid by you in will not be refunded. Any pro rata fees paid by you will not be refunded as you will be entitled to use our facilities until the end of your agreed pro rata period. All cancellation requests, during or after the first 28 days of membership must be submitted in writing to the head office address listed below and by recorded delivery, or by email to email@example.com with a read receipt attached.
1.1 In this document wherever the context so admits the following expression shall have the following meanings respectively:- ‘ ‘Unit 2 Linley Lodge | Westgate | Aldridge | Walsall | WS9 0DS ‘TTC’ means Thrive Training Club.
‘Client’ or ‘Member’ is the person or persons listed on the Membership Confirmation Email. ‘Major change’ means changing the dates location booked or majority of course content over 80%. ‘Force Majeure’ means any situation or event beyond the control of TTC. This could be an Act of God war terrorist activity civil strife strike riot industrial disaster breach of contract by TTC suppliers fire adverse weather or road conditions bureaucratic obstacles changes in schedules or modes of transport by ferry companies airlines and bus or train operators. ‘Trainer’ means the member of staff responsible for the delivery of the agreed activity and/or service. ‘Manager’ is the person who takes decisions on amendments to camps and locations. ‘DETOX’ refers to the rapid fat loss detox obtained when purchasing a 21 day camp or 6 week camp or membership.
1.2 Where the expression “Clients” includes two or more persons the obligations expressed or implied relate directly to the individual.
1.3 The clause and paragraph headings are for convenience only and shall not affect the construction of this document.
1.4 The expressions used in the particulars shall have the same meanings when used hereafter in these booking conditions.
1.5 TTC use email as their primary source of contact with clients. Client should ensure emails from TTC are received by adding TTC to address books to avoid TTC emails going into Junk mail folders. It is the responsibility of the Client to ensure they are able to receive emails from TTC.
2. ACCEPTANCE OF MEMBERSHIP
2.1 The decision to accept the application of a potential member shall be at the sole discretion of TTC. TTC reserves the right to verify, or require proof of all information given in order to obtain membership and any fraudulent or wrongful information given in order to obtain such membership could result in the cancellation of all membership rights and lead to the repayment of all monies due to TTC. If the membership application is accepted by TTC, membership by the applicant shall commence as stated on the agreement. Upon acceptance of the member by TTC, the client will register a member account on a specified system. All agreements between TTC & clients will be agreed by email or through a 3rd party online contract provider. Copies will be sent to the client by email and stored digitally by TTC. TTC reserves the right to decline any booking at their discretion. Email and telephone bookings are treated as provisional and are only confirmed once the funds have cleared in to the TTC merchant bank account. t: 019222 77707 | e: firstname.lastname@example.org | w: www.thrivetrainingclub.co.uk Unit 2 Linley Lodge | Westgate | Aldridge | Walsall | WS9 0DS
2.2 The acceptance of an application for membership of TTC shall constitute a legally binding agreement between the member and TTC. The member hereby agrees also to be bound by the terms set out in the agreement.
2.3 Members must present themselves to the Instructor at the start of each session to be placed on an attendance register. Membership may only be used by the registered member and any fraudulent use of the membership by the member could result in cancellation of the membership with no refund being made by TTC.
2.4 The Contract is subject to these booking conditions which the Client has been deemed to have read and fully understood. These booking conditions can only be varied by written agreement between TTC and the Client.
2.5 No verbal representations made by TTC shall be relied upon by the Client.
2.6 Employees of TTC and staff will use their best endeavours to resolve problems to the benefit of the Client as a whole. The Client must refrain from any conduct which may give offence or cause danger or damage to any person or property. If TTC or any of its suppliers believe that the Client is in breach of this obligation likely to breach it or is otherwise unfit to partake in the activity TTC or its suppliers may in their absolute discretion refuse the booking or have the Client removed from any property or facility. TTC will owe the Client no liability in such circumstances and the Client will be solely responsible for any costs incurred.
3. BOOKING SESSIONS
3.1 Members can attend any session at any venue without prior booking, please view “Timetable” page on the website for up to date venues, days, times, amendments etc.
3.2 TTC reserve the right to introduce online or telephone booking process where clients are responsible for booking the sessions they wish to attend on a first come first served basis. Clients who book sessions and fail to show (unless cancelled via the operational booking system) 3 times will be blocked from booking classes for that designated home location for 2 weeks apart from reserving a position on the waiting list. Upon joining TTC either through a temporary package or membership you will be assigned a home location (as agreed with yourself by way of registration).
4. LIMITATION OF LIABILITY
4.1 The member acknowledges that TTC obligations and liabilities in respect of TTC are defined in this agreement and/ or within the Regulations Applicable to All Users.
4.2 The member is responsible for the consequences of any use of any of the facilities and equipment at TTC. TTC will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract, or otherwise.
5. PHYSICAL HEALTH OF CLIENT
5.1 A member engaging in NEBC activities are responsible for ensuring that they are properly equipped and that their state of health and physical condition are such as not to involve any risk to themselves or any other person taking part . It is hereby understood and agreed TTC accepts no responsibility for accident, injury, illness, loss or misadventure caused to or suffered by members whilst participating in TTC. Please speak to your instructor if you become ill or injured during your membership. Alternatives will always be available so you can work at your current fitness level.
5.2 The member warrants and also represents that he/she is in good health and is not knowingly incapable of engaging in either active or passive exercise. The member further warrants that such exercise would not be detrimental to their health, safety, comfort, well-being or physical condition.
5.3 Before attending TTC, the member must first complete a TTC general health form. This form will be emailed to clients before their first session and must be returned on or before the client at attending their first session.
6. MEMBERSHIP AND PRICING
t: 019222 77707 | e: email@example.com | w: www.thrivetrainingclub.co.uk Unit 2 Linley Lodge | Westgate | Aldridge | Walsall | WS9 0DS
6.1 The categories of membership are 12 month and month to month. The definition of a month relating to sessions is a calendar month period set out by TTC. All categories shall be subject to these Terms and Conditions of Membership which are in force at the time.
6.2 Other categories of membership shall be stipulated by TTC from time to time.
6.3 All members are liable to pay all annual or monthly membership fees irrespective of actual usage of TTC.
6.4 Members may elect to pay their membership fees in monthly instalments (Card Payments) or in full.
6.5 TTC reserves the right to increase Membership fees on a yearly basis. The contract is for a minimum of month to month or 12 months (the period). Following the first period, TTC will continue to take monthly instalments unless written notice is received by TTC at least 1 calendar month prior to proposed termination date.
6.6 All monthly membership fees are debited from the client card on the 1st of each month. Unless agreed otherwise in writing by TTC.
6.7 It is the responsibility of the client to make all efforts to attend their sessions
6.8 In the event that a client cannot participate in their sessions for medical reasons, including pregnancy. The membership can be frozen for a charge of £5 per month (unless otherwise agreed in writing with TTC). The freeze is subject to medical evidence being submitted to TTC and the freezing of any membership will only take effect when medical evidence is received by email to firstname.lastname@example.org with a read receipt or by recorded delivery to head office. All frozen months are deferred to the end of the membership and when the contracted number of payments of the agreed membership is satisfied the contract will be fulfilled. Clients will be required to provide new medical evidence of their continued medical condition as applicable for the original freeze, every 4 months, submitted as above.
6.9 If a client is made redundant (with proof) during their contracted membership, TTC will reduce the following 2 instalments by 50% to give the client reasonable time to find means of payment. The contracted period will then extend by 1 calendar month.
6.10 In the event that monthly balances are declined or rejected by the clients designated payment method, TTC will have the discretion to charge £10 per re submission of payment request. Or TTC reserve the right to treat the booking as cancelled by the client and re-sell the course place. If payments are still outstanding 21 days after their due date, all outstanding payments and contractual payments will become immediately payable and pass to our debt collection agents as per 6.15 below.
6.11 The price at time of booking covers the cost of the planning organising and delivery of the proposed activity and / or service.
6.12 TTC reserves the right to amend prices by a maximum of 18% per annum. A minimum of 28 days notice will be given in the event of any price amendments, unless the price increase results from you changing your contract or we are required to increase our prices by law (e.g. due a change in VAT) or because a regulatory authority requests or requires us to do so (if this happens we will try to give you reasonable notice). If you are not the payer of the relevant subscription, you must tell the payer of any price increase notice we send you.
6.13 It is the responsibility of the Client to arrange travel to the site / location for the proposed activity and or service unless otherwise stated.
6.14 The Client is also responsible for their personal medical requirements and personal footwear equipment and clothing unless otherwise stated.
6.15 All members are liable to pay all annual or monthly membership fees irrespective of actual usage of TTC. Please note that all payments not settled within our payment terms will be referred to our Debt Recovery Agents, and will be subject to a surcharge of 15% plus VAT in lieu of our recovery charges. t: 019222 77707 | e: email@example.com | w: www.thrivetrainingclub.co.uk Unit 2 Linley Lodge | Westgate | Aldridge | Walsall | WS9 0DS 6.16 If a client requests monies taken by TTC to be refunded by their bank, and said payments form part of the agreed contracted membership TTC reserve the right to charge a £50 recovery fee for every contracted instalment refunded, if said refunds are deemed to be invalid after investigations by both TTC and the clients back are concluded.
6.16 In compliance with UK ‘Distance Selling Regulations for services’, you may cancel your order within 7 working days of receiving written confirmation from us.
Payments will be refunded, minus any classes you have attended and small admin fee of £15.00.
In the case of our fitness services starting within 7 days of your order confirmation, refunds are not accepted, unless a refund is requested due to medical reasons. In such cases a legitamate medical letter will be required from a qualified physcian, stating why you are unable to attend our fitness services. In the case of a medical letter being accepted, a full refund for the balance of your classes will be given, minus an admin fee of £15.00.
7. EXPULSION OF MEMBERS OR TERMINATION OF MEMBERSHIP BY TTC
7.1 TTC may expel members or may terminate the membership of any member:
7.1.1 without notice and with immediate effect if the member’s conduct, whether or not such conduct is the subject of a complaint by another member or group of members, is such that in the reasonable opinion of TTC, it may be injurious to the character, name or interests of TTC or is such that it renders the member unfit to associate with other members of TTC.
7.1.2 By notice in writing if any part of the annual membership fee or monthly membership charge which is due and payable remains unpaid 1 calendar month after the due date for payment.
7.2 A member whose membership is terminated by TTC shall forfeit all privileges of membership with immediate effect without an entitlement to any claim for any refund of their annual or monthly membership fee. On termination of their membership, the member shall return forthwith their membership card.
8. TTC FACILITIES
8.1 TTC reserves the right to make reasonable alterations to the type of facilities provided without notice and TTC shall not be liable for any inconvenience caused by building works, road works and for the provision of essential maintenance services that occur for 14 days or less, due to matters beyond our control or improvement works.
9. PLANNED SESSIONS
9.1 On very rare occasions an instructor may be ill or unable to attend, we will try our very best to find a suitable replacement as soon as possible to ensure the planned session goes ahead. If a suitable instructor cannot be found in time for the session, the session will be cancelled. TTC shall endeavour to give members reasonable notice of cancellation. No refund or compensation will be awarded.
9.2. Due to extreme weather conditions and health and safety, on very rare occasions the session may be cancelled. TTC shall endeavour to give members reasonable notice of cancellation. No refund or compensation will be awarded.
9.3 Information in relation to TTC venue timetable is available on the time table link on the website and available from the head office by request. All updates, session time amendments and further information will be available on the Status page of TTC website. We recommend you view the website on a regular basis to keep yourself updated. Updates are also entered onto the TTC face book networking site.
9.4 TTC will be closed for a short period of up to 21 Days at Christmas and some public holidays. Please see the Status page on the website or view TTC face book page.
10. ALTERATION BY TTC
10.1 We make every effort to ensure the accuracy of our literature. However changes can occur despite our best endeavours and we reserve the right to change any price or other particulars before the Client books (in which case we will tell you before your booking becomes binding).
10.2 If there is a ‘Major Change’ to a confirmed booking we will inform the Client as soon as is reasonably practical and offer you the choice of accepting the change receiving a full refund or transferring to another available date.
10.3 If there is any change other than a ‘Major Change’ we are not obliged to inform you in advance (but we will do so t:t: 019222 77707 | e: firstname.lastname@example.org | w: www.thrivetrainingclub.co.uk Unit 2 Linley Lodge | Westgate | Aldridge | Walsall | WS9 0DS where practicable) nor are we obliged to pay you compensation. If we become unable to provide a major proportion of the services you have booked with TTC we will make every effort to arrange alternative arrangements for you at no extra charge and where appropriate refund the Client pro-rata for services not received. If the client wishes to make major changes to agreed programme additional costs may be added at the company’s discretion.
11. COURSE CONTENT AND WEATHER
11.1 The programmes we publish in our literature and on our website and describing the courses are designed to be illustrative in order to best explain the scope and type of activities you will be undertaking. It is very unlikely that any one programme could be or would be followed precisely as it is published. Several factors outside of our control will determine this and dictate what can be accomplished reasonably during your course. The most influential factors will be the weather the conditions physical fitness of course participants.
11.2 Taking these factors into consideration and the aims of the course as described in our literature the Trainer will construct the best programme possible. The Trainer will review and may alter the programme as the course progresses in response to the changing influence of these factors.
11.3 Once the course is underway the Trainer or Managers may change the activities at any time. This applies to all courses.
11.4 Our Trainers and Managers will do their upmost to ensure that any problems are solved for the benefit of the course participants as a whole. Signing the General Health Questionnaire/PAR-Q signifies your acceptance of the Trainer’s authority to make decisions affecting the group or individuals
12. GENERAL POINTS
12.1 The Contract is personal to the Client and is not capable of transfer or assignment without prior written consent of TTC.
12.2 While it is the intention of TTC to perform the obligations under this contract directly TTC may choose to subcontract elements of its obligations under this contract.
12.3 In the event that clients feel they have not had sufficient results from the nutrition advice and sessions or both. TTC will evaluate the number of sessions attended in addition to the food diaries submitted. Food diaries should be submitted every 7 days from the start of the DETOX. Submitting food diaries later than 24hours after the requested date and not attending 3 sessions per week will result in the money back guarantee being null and void. TTC will offer no refunds to clients that have not submitted the requested diaries on time and attended 3 sessions per week for the period of the first 28 days camp.
12.4 Referral gifts are only awarded to a referee whose referral joins on a membership, or package with a value at least £69 per month. Referral gifts are not awarded to a referee.
12.5 Social Proof/Testimonial/promotional material: Trainer, may take photographs prior to any Training, and at the completion of any Training and clients agree to allow the Trainer to use these photographs, as well as, name and likeness for testimonial purposes. Furthermore the client understands photos and/or video may be taken during the course which may be used for promotional purposes with no re-imbursement or payment made or owned to the client. Screen shots or samples of positive feedback including but not limited to; emails and letters. In addition TTC reserve the right to ‘tag’ boot camp participants in photos/videos/comments and references relating to their positive achievements, if they have become friends on Facebook with any of TTC staff.
13.1 If there is a problem during the activity and or service period you must report it to in the first instance the instructor of your activity. If it is still unresolved you must then report it a manager of TTC within 7 days of the instance occurring so that prompt and effective efforts can be made to resolve the problem. Failure to report concerns within 7 days may result in any complaints being deemed null and void.
13.2 In the unlikely event that the problem cannot be resolved at this time and you wish to raise a complaint full written details must be sent to TTC within 28 days of the activity and or service finishing. Please include your details and exact full details of your complaint on your letter; please include your daytime and evening contact telephone numbers. Failure to t: 01922 277707 | Unit 2 Linley Lodge | Westgate | Aldridge | Walsall | WS9 0DS ‘TTC’ means Thrive Training Club.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.
13.3 Any issues clients wish to raise regarding the time with TTC should be directed to head office in writing by recorded delivery or emailed to email@example.com with a read receipt, Issues will only be dealt with by managers or directors and should not be directed towards trainers. Clients need to respect that full sessions of 45 minutes are expected by other clients and raising issues with trainers may impact on this allotted time frame.
14. CONDITIONS OF SERVICE
14.1 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 TTC Managers 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 appointed individual.
15. MONEY BACK GUARANTEE
15.1 TTC money back guarantee does not apply to 12 month memberships.
16 LAW AND JURISDICTION
16.1 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 this Agreement.
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