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Terms and conditions

Membership Terms and Conditions

These terms and conditions (“Conditions”) govern the terms of your Rumble in the Park membership and the basis upon which the Rumble in the Park boot camp sessions and other services listed on our website www.rumbleinthepark.com (the “Services”) will be supplied to you.

Please read these Conditions carefully before registering with us and making any booking.  By registering with us, you agree to be bound by these Conditions and all notices contained on this website.

Please click on the button marked “I Accept” at the end of these Conditions if you accept them.  If you refuse to accept them, you will not be able to make any booking for the Services. You should print a copy of these terms and conditions for future reference.

1.    Services
1.1    The Services will be supplied either by Joe Wicks operating as Rumble in the Park or by the person, company or practice who is licensed by us to provide the Services to you at the location of your choice (referred to in these Conditions as “Licensee”).
1.2    Please note that where the Services are performed by any of our Licensees we are acting purely as agent on behalf of the Licensee in making the bookings and collecting payments from you and the contract for the Services is between you and the Licensee.
1.3    Our Licensees warrant that they will use all reasonable skill and care in providing the Services as will we where we are providing the Services directly to you.
1.4    In the unlikely event you are not happy with the Services provided to you must notify your Licensee (or us where we have delivered the Services directly) within 7 days of receiving the Services.  If you do not you will be deemed to have accepted the Services and that there is no breach of the warranty contained in clause 1.3.
1.5    Where you make a claim in accordance with clause 1.4 which your Licensee accepts is valid, your Licensee shall in his sole discretion either re-perform the Services for you free of charge or shall refund the price you paid for the Services in question upon which the Licensee shall have no further liability to in this regard.
1.6    If you cannot resolve the issue with your Licensee, a formal written complaint can be made to us. We will only act as a mediator in such a dispute, all compensation, financial or otherwise must be agreed with and shall be the sole responsibility of your Licensee.
1.7    We are continually seeking to improve the Services and we reserve the right, at our discretion, to change any part of the Services provided that such change does not materially change their content. 
1.8    It is your responsibility to ensure you have suitable clothing and footwear for the Services.

2.    Warranties and Liability
2.1    Except for the warranty in clause 1.3 all other warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law excluded from these Conditions. Nothing in these Conditions shall affect your statutory rights as a consumer.
2.2    Except in respect of death or personal injury caused by either us or any Licensees’ negligence or fraudulent misrepresentation or as expressly provided for in these Conditions neither we nor any Licensee shall be liable to you for any indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you, us and any Licensee.
2.3    Neither we nor any Licensee shall be liable to you or be deemed to be in breach of these Conditions reason of any delay in performing, or any failure to perform, any of our or their respective obligations in relation to the Service, if the delay or failure was due to any cause beyond their reasonable control.
2.4    You acknowledge that we are acting as agent for and on behalf of the Licensee providing you with the Services and shall not be liable to you by reason of any act, omission, default of the Licensee or arising out of or in connection with the provision of the Services.

3.    Membership
3.1    To partake in the Services you must be registered as a Rumble in The Park member and have paid the one off membership fee (see clause 3.1 below);
3.2    In order to register as a Rumble in the Park member you must:-
3.2.1    complete the online membership application form [insert link] and pay a one off membership fee in the amount detailed on our website.  This fee covers the joining cost and is non-transferable.  We must accept your application and have received payment in cleared funds before your registration is valid;
3.2.2    provide true, accurate information which contains no omissions;
3.2.3    be at least 18 years of age and an individual consumer not a business customer;
3.2.4    have either purchased a monthly pass class for the Services in advance or have a direct debit arrangement (see clause 8  below);
3.2.5    have filled in the health questionnaire;
3.2.6    have accepted these Conditions and the disclaimer.
3.3    You will also be required to create a username and a password. Your user name can be your e-mail address. You should keep your password safe and secure. You are solely responsible for any use or misuse of your membership and must contact us immediately if you suspect unauthorised use of your membership.
3.4    If we suspect misuse of your registration with us we reserve the right to [require you to select another password and/or] suspend your membership and interrupt access to our website until further notice.
3.5    We reserve the right to refuse your application for membership.
3.6    As a member you will be entitled to a welcome pack containing: a pair of inner cotton gloves, a membership card and a welcome letter.
3.7    The payment details provided by you will be stored by us whilst you remain a registered member.
3.8    Your membership will continue unless terminated in accordance with these Conditions.

4.    Suspension and Termination of Membership
4.1    We reserve the right to terminate your membership at any time.  Any refunds will be in the discretion of your Licensee.
4.2    In addition to clause 4.1 your membership may be suspended or terminated by us if:-
4.2.1    we or any Licensee feels that you are not coping physically or mentally at any time;
4.2.2    you are deemed unfit to continue to partake of the Services and have a medical certificate signed by your GP or referring doctor to this effect;
4.2.3    you relocate to an area where the Services are not available and provide satisfactory evidence of your new address to your Licensee or use at our request;
4.2.4    you fail to pay any sum when due under these Conditions;
4.2.5    you are in breach of any or the direct debit terms and conditions or the service agreement where you have chosen this method of payment;
4.2.6    you are in breach of any of these Conditions;
4.2.7    you use rude or abusive language or violent behaviour at any Rumble in the Park sessions or to any Licensee or any other Rumble in the Park members, or your behaviour puts any other Rumble in the Park member, licensee or member of the public at risk from harm or harms their interests in some way;
4.2.8    you become bankrupt or apparently insolvent;
4.2.9    you are imprisioned
4.3    Where we terminate your membership for any of the reasons stated above we will not refund any sums paid by you.
4.4    Subject to clause 8.2 you can cancel your membership at any time by informing us in writing at admin@rumbleinthepark.com. If you do so, you must stop using this website.
4.5    The suspension or cancellation of your membership and your right to use this website shall not affect either party's statutory rights or liabilities.

5.    Bookings
5.1    Once your membership is accepted you may place bookings for the Services via our website but not before.  Any booking made by you is an offer only and will only be binding on us and the Licensee concerned once we have confirmed acceptance of your booking by way of email or in writing at which point a contract will be formed between you and the Licensee concerned incorporating these Conditions. We reserve the right to decline any booking at our discretion. Your booking will only be confirmed when payment for that booking has been made by you in cleared funds.
5.2    Bookings are subject to availability.
5.3    There are no physical passes – you fill out a register at each class. Passes are valid for the term(s) stated only and unused sessions CANNOT be carried over to the next term.

6.    Prices and Payment
6.1    In addition to the one off membership fee referred to in clause 3.1 above you will be required to pay in advance for the Services you wish to book as follows, either:- 
6.1.1    in advance for at least one month on a pay as you go basis; or
6.1.2    monthly by direct debit.
6.2    The prices for the Services are detailed on this website or confirmed by your Licensee.
6.3     No Services will be provided until the price for them has been received by us in cleared funds.
6.4    All prices are expressed inclusive of any VAT payable unless otherwise stated.
6.5    Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of making your booking.

7.    Cancellation and Refunds

7.1    You may cancel any booking made by you within 7 working days after the date of your booking confirmation provided the Services have not been provided to you during this time period and we will reimburse the price of that booking within 30 days of the date of cancellation. Where the Services have been provided to you during this time period you may not cancel the booking and will be deemed to have waived your rights to do so. For direct debit cancellation terms please refer to clause 8.
7.2    Subject to clause 7.1 we and our Licensee operate a no refund policy.  Therefore any attempts by you to cancel bookings which have been paid for in advance will only be accepted and any refunds made in your Licensee’s discretion and will be assessed on a case by case basis. All cancellations which are accepted are subject to a cancellation charge to cover the costs incurred by your Licensee and us in administering the cancellation. Such cancellation charge will be notified to you in advance and deducted from any refund made or from the authorised payment details that you have provided to us. 
7.3    However in the event of an injury that prevents you from participating, a partial refund may be offered by your Licensee where you have a medical certificate signed by your GP to support this. The refund and the refund amount will be awarded at your Licensee’s discretion.
7.4    If you simply fail to turn up for a session there will be no reimbursement, unless you have arranged to do a make-up session with the Licensee
7.5    In the event that a class is cancelled either due to bad weather or instructor illness, session make ups and/or reimbursements will be made by and advertised by the Licensee and refunds will only be given in accordance with clause 9.2.

8.    Direct debit terms and conditions.
8.1    Where you choose to pay by direct debit you must accept the terms of the direct debit service agreement and the direct debit terms and conditions.
8.2    If you choose to pay by direct debit you agree to commit to purchasing the Services for a minimum period of 3 months, after which you may terminate the membership and the direct debit on one month’s written notice to us.
8.3    If we terminate your membership for any reason during the initial period of your committed term, all monies owing at that point, together with the remaining monthly subscriptions due for that period, shall become due and payable immediately together with any cancellation charge due under clause 7.2.
8.4    You may not make any further bookings and all membership benefits will be suspended until your payments are brought up to date.
8.5    Debit Finance Collections plc (DFC) is our agent for the collection of your monthly fee. After you have paid your initial fee DFC will collect your fee monthly in advance on our behalf, by direct debit.
8.6    Debit Finance Collections plc is registered in England. Company Registration No. 3422873. Registered Office: The Atrium, Park Street West, Luton, LU1 3BE Protection Manager, Debit Finance Collections plc, PO Box 6046, Milton Keynes MK1 9BA

9.    Force Majeure
9.1    In these Conditions ‘force majeure’ means any unusual and unforeseeable circumstances beyond the control of us and/or any of our Licensees including (but is not limited to) riot, civil unrest, war, terrorist activity and the threat of any of the foregoing, industrial dispute, natural disaster, extreme adverse weather conditions, fire and all similar events.
9.2    We will and will ensure our Licensees use all reasonable endeavours to find suitable alternatives to the offered programme of Services should any force majeure event prevent us or any of our Licensees from strictly adhering to the advertised programme or sessions of the Services. Neither we nor any of our Licensees will be liable to issue a refund unless we have been unable to re-schedule the cancelled Services for a period of [2] months in which case you may terminate your membership on written notice to us and we will refund all advance payments you may have made for Services yet to be received.

10.    Media
10.1    We reserve the right to take any recordings/photographs of you during the Services and you accept that all rights whatsoever arising from that recording shall be solely owned by us. You accept and agree that any recordings/photographs may be used by us in any manner including but not limited to its website, promotional materials and advertisements.

11.    Your health
11.1    It is a condition of acceptance and of this contract that you have been passed medically fit by your doctor and disclosed all information regarding your health to take part in any of the Services.  During the registration process you will be required to fill out a health questionnaire and a disclaimer form.

12.    Your privacy matters
12.1    All data you provide to us will be held securely and in accordance with our Privacy Policy.
12.2    By agreeing to these Conditions and the other terms and conditions of this website, you are consenting to us processing data relating to you in accordance with the Data Protection Act 1998 and all other applicable data protection legislation for legal, personnel, administrative and management purposes and to fulfil any bookings for the Services placed by you.

13.    Written communications
13.1 You accept that communication with us will be mainly electronic.  We will contact you by e-mail or SMS (text) message or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and that this means of communication shall comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

14.    General
14.1    These Conditions constitute the entire agreement between you, us and the Licensee concerned, supersede any previous agreement or understanding and may not be varied except in writing between the parties.  
14.2    For the avoidance of doubt, save as expressly provided for in this agreement nothing in these Conditions shall confer or purport to confer on any third party any benefit or right to enforce any term of the Conditions.
14.3    Any notice required or permitted to be given under these Conditions shall be in writing addressed to the other party at its principal place of business or by email with electronic conformation of delivery and read receipt.
14.4    No failure or delay by either party in exercising any of its rights under these Conditions shall be deemed to be a waiver of that right, and no waiver by any party of any breach of these Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.5    If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
14.6    You may not transfer, assign or otherwise dispose of any of your rights or obligations arising under these Conditions, without our prior written consent.
14.7    We and/or your Licensee may transfer, assign, or otherwise dispose of any of our or his rights or obligations arising under these Conditions at any time
14.8    These Conditions and any disputes arising out of them are governed by English law and the English courts have exclusive jurisdiction.