At The Badass System Ltd, we take your health and well-being very seriously. We endeavour to make our members into the fittest, strongest, most robust version of themselves. Before continuing with your enrolment, please read and consider the following statements carefully:
1 before starting any new exercise programme you should consult with your doctor to ensure that you are fit and able to proceed;
2 the programme we provide to you (the “Programme”) this programme is not aimed at fitness beginners or anyone unfamiliar with the safe and proper use of physical exercise equipment. This includes but is not limited to the safe and proper use of:
2.3 kettlebells; and
2.4 cardiovascular equipment.
1 I hereby declare that I acknowledge and understand that by undertaking the Programme:
1.1 I understand how to lift weights correctly, safely and without endangering myself or others;
1.2 I agree to comply with the warm-up and cooldown procedures at the beginning and end of each session, as well as the recovery specific days; and
1.3 I am clinically and physically capable of undertaking the Programme, I am not carrying injury and I am not knowingly suffering from any pre-existing medical condition that could impede my ability to exercise in any way.
TERMS OF BUSINESS:
The Badass System Ltd. is a company registered in England and Wales under company registration number 11247980. The Badass System operates a ‘cooling off’ period of 14 days from the start of your membership.
This means that you may cancel and receive a full refund within 14 days of your first payment. Any cancellations after this period will be non-refundable.
A full refund will only apply if you have paid but not engaged with us and we have not started working on your programme or plan after receiving your completed questionnaire back. If we have provided you with training materials, we may offer a partial refund to recompense us for the time spent.
Refunds on gift vouchers:
Gift vouchers will be entitled to the same 14 day cooling-off period as memberships, from the date the gift voucher was purchased. If the training has begun or the intended recipient has engaged with us on their programme, then we may offer a partial refund taking into account time already spent on their programme. No refunds will be given after this time.
Returns and exchanges on clothes and equipment:
We offer 28 days return or exchange on clothing and equipment so long as it is returned in perfect condition. We will exchange for an item of the same value, or offer you store credit (can be redeemed against any item in our shop) for the same amount. After 28 days any exchanges or returns are discretionary.
All prices are inclusive of VAT. The Badass System provides workouts to its members through third party company Fitbot LLC. For more information on how Fitbot collects, stores and uses your data, follow this link- https://thefitbot.com/privacy.html
THE BADASS SYSTEM LIMITED TERMS OF BUSINESS FOR THE SALE OF FITNESS PLANS IN THE UK (“Terms of Business”)
1.2 Why you should read them: Please read these terms carefully before you purchase a product or service from us. These terms tell you who we are, how we provide products and/or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss (see 2).
1.3 By entering into an agreement with us for our services, you are deemed to have read and accepted these terms. Such an agreement constitutes a legal agreement between us and you. Please read them carefully.
1.4 Please note that we do not provide medical advice. When following our training programmes you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience along the way. Any guidance we may provide is no substitute for professional medical or physiotherapy advice. Always ask your GP if in doubt.
1.5 The training programmes provided as part of our services are NOT appropriate for you if you have any of the conditions or illnesses listed in clause 7.2 below, or if you are under 18 years of age.
2 INFORMATION ABOUT HOW TO CONTACT US
2.1 Who we are: We are The Badass System Ltd, a company incorporated and registered in England and Wales with company number 11247980 whose registered office is at K214 Kala Studios, The Biscuit Factory, SE16 4DG.
2.2 How to contact us: You can contact us by email at firstname.lastname@example.org or by post to K214 Kala Studios, The Biscuit Factory, SE16 4DG.
2.3 How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 THE TRAINING PROGRAMMES
3.1 The training routines contained within the training programmes we provide to you are pre-set. In accordance with the service we provide to you, you will receive specific details
in relation to your particular exercise programme (“Programme”), once you enter into the contract with us. The Programme will include details of the duration of the exercises, the number of sets and repetitions performed per exercise and the range of each exercise.
3.2 The Programme will also include video-link guidance as to how to perform the exercises correctly, including correct lifting techniques.
3.3 In view of the digitised nature of our service, we are unable to determine with any certainty your individual strength thresholds. As such, the weight on the resistance training section will never be specified and this is something you will have to discover yourself and take responsibility for when you undertake the exercises specified in the Programme.
4 TRAINING PROGRAMME SUPPORT: As a paid member of The Badass System you will have access to our members-only Facebook group. Within this group, you can ask any questions specific to your programme, and upload videos of your training for form review from our coaches.
5 KEEP YOUR ACCOUNT DETAILS SAFE
5.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Business.
5.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details provided above in clause 2.
6 HOW YOU MAY USE MATERIAL WE PROVIDE
6.1 We are the owner or the licensee of all intellectual property rights (such intellectual property rights including but not limited to all copyright and related rights, trademarks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, database rights and any other intellectual rights in each case whether registered or unregistered) in our training programmes. All such intellectual property rights are reserved.
6.2 You must not use any part of the content of the training programmes for any purpose other than your personal fitness.
7 PROVIDING CONTENT
7.1 [At the Badass System, we recognise the importance of protecting personal data and we will endeavour to ensure that your private information is kept securely and confidential.]
7.3 We may contact you to ask for your permission to publish your photos and/or share your social media posts relevant to your training. Such permission will be submitted to you in writing. You are under no obligation to grant this permission. In the event that you do provide your express written approval, you will be deemed to have granted us the right to publish those photos, share them with the public and use them in our social media posts, website, advertising and marketing, in perpetuity 1(subject to you revoking your permission in writing to us).
8 OUR CONTRACT WITH YOU
8.1 How we will accept your purchase of a Programme: When you tick the box confirming that you accept these Terms of Business and subsequently make your payment, you are making an offer to purchase a subscription to our training programme. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted.
8.2 If we cannot accept your order: If we are unable to accept your order, we will inform you of this and will not charge you. We may refuse to sell a subscription at our discretion, for example, for medical reasons. Our policy is that we will not provide training programmes if, by way of example, you are suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia. Our training programmes are not appropriate for pregnant women, anyone under 18 years of age or over 65 years of age.
8.3 Your personal requirements: You must be in good health. BY ACCEPTING THESE TERMS OF BUSINESS, YOU CONFIRM THAT YOU ARE IN GOOD PHYSICAL CONDITION AND KNOW OF NO MEDICAL OR OTHER REASON WHY YOU SHOULD NOT ENGAGE IN ANY FORM OF EXERCISE.
8.4 Our training programmes are primarily aimed at customers in the UK. We reserve the right to reject any registrations from outside the UK, such rejections will be communicated to you by us and you will not be charged.
9 PROVIDING THE TRAINING PROGRAMME
9.1 What will happen if you do not give required information to us? We may require certain information from you so that we can supply the Programme to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either terminate the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the training programme late or not supplying any part of it
if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9.2 Reasons we may suspend the supply of the training programme to you. We may have to suspend the supply of a training programme to: (a) deal with technical problems or make minor technical changes; or (b) update the training programme to reflect changes in relevant laws and regulatory requirements; or (c) make changes to the training programme as requested by you or notified by us to you.
9.3 Your rights if we suspend the supply of your training programme. We will contact you in advance to tell you we will be suspending supply of the training programme, unless the problem is urgent or an emergency. If we have to suspend the provision of the training programme for longer than one week in any 90 day period we will adjust the price so that you do not pay for training programme while it is suspended. You may contact us to end the contract for a training programme if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the training programme in respect of the period after you end the contract.
9.4 We may also suspend supply of the training programme if you do not pay. If you do not pay when you are supposed to and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of any elements of the training programme until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply. We will not suspend the training programme where you dispute the unpaid invoice (see clause 13.8). We will not charge you for the training programme during the period in which it has been suspended. As well as suspending the training programme, we may also charge you interest on your overdue payments (see clause 13.6).
9.5 Zoom PT sessions (Ultimate membership only). These must be scheduled between you and your trainer at least 48 hours before the session. 24 hours notice is required to cancel or move a session. Unused sessions do not carry over from week to week unless agreed with your trainer at their discretion.
10. YOUR RIGHTS TO END THE CONTRACT
10.1 Rights and exclusions. You have the right to end the contract in certain circumstances. However, these are subject to certain important exclusions, which are set out below. Please check these carefully.
10.2 You can end your contract with us as follows. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) if you have just changed your mind about the training programme (Consumer Contracts Regulations 2013), you may be able to get a refund any time within 14 days of the initial order. The amount refunded will depend on usage of programme, and no refunds will be given until any physical training kit (such as kettlebell) that was sent to you by The Badass System Ltd is returned.
(b) if you pay by monthly instalments: you may terminate by sending us 10 working days written notice, in which case all payments made up until the date of termination are non-refundable.
(c) if you want to end the contract because of something we have done or have told you we are going to do, see clause 10.3;
(d) if you are ill or injured and cannot complete a training programme, you may be able to get a full or partial refund upon our receipt of a valid medical report from your GP.
10.3 Ending the contract because of something we have done or are going to do. You can end your contract if:
(a) we have told you about an upcoming change to the training programme or these terms that you do not agree to;
(b) we have told you about an error in the price or description of the training programme you have ordered and you do not wish to proceed;
(c) we have suspended supply of the training programme for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 week; or
(d) you have a legal right to end the contract because of something we have done wrong in which case you may end the contract and we will refund you in full for any cycles of the training programme that have not been provided.
11. HOW TO END THE CONTRACT WITH US
11.1 Tell us you want to end the contract. If you are entitled to end the contract with us (see clause 9) and wish to do so, please let us know by doing one of the following:
(a) Email. Email customer services as set out above.
(b) Online. Login via the website and cancel.
(c) By post. Write to us at the registered address provided, including details of what you bought, when you ordered or received it and your name, address and email.
11.2 How we will refund you. Where applicable, we will refund you the price you paid for the training programme, by the method you used for payment. However, we may make deductions from the price, as described below.
11.3 When your refund will be made. We will make any refunds due to you as soon as possible, and in any event within 14 days of us receiving notice that a refund is due.
11.4 As soon as you end the contract, you cease to be a member and will not be entitled to anymore training from us.
12. OUR RIGHT TO END THE CONTRACT
12.1 We may end the contract if you break it. We may end the contract for a training programme at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the training programme; or
(c) if during the training programme if you are pregnant or suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia.
12.2 You must compensate us if you break the contract. If we end the contract in the circumstances set out (see clause 12.1) we will refund any money you have paid in advance for training programmes we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking of the contract.
13. IF THERE IS A PROBLEM WITH THE PRODUCT
13.1 How to tell us about problems. If you have any questions or complaints about the Programme, please contact us by writing to us email@example.com or by post to K214 Kala Studios, The Biscuit Factory, SE16 4DG.
13.2 Summary of your legal rights. We are under a legal duty to supply training programmes that are in conformity with this contract. See below for a summary of your key legal rights in relation to the training programme. Nothing in these Terms of Business will affect your legal rights.
Summary of your key legal rights: This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says digital content, such as the Plan, must be as described, fit for purpose and of satisfactory quality:
- if your digital content is faulty, you are entitled to a repair or a replacement
- if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
- if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation
14 PRICE AND PAYMENT
14.1 Ways to pay. Goods must be paid for in advance. Training programmes are paid for in monthly cycles.
14.2 Programme start date. Your programme will start within two working days of you returning your completed questionnaire (Online PT/Premium/Elite members only). For class members, you will be added to the classes email timetable within one working day.
14.3 Where to find the price of the training programme. The price of the training programme, which may include VAT, will be indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the training programme advised to you is correct. However please see clause 14.5 for what happens if we discover an error in the price of the Plan you order.
14.4 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the training programme, we will adjust the rate of VAT that you pay, unless you have already paid for the training programme in full before the change in the rate of VAT takes effect.
14.5 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the training programmes we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the training programme’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the training programme’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.7 We can charge an admin fee if you pay late. If a payment is cancelled, cannot be taken due to insufficient funds, or has been refused by the payment gateway, a reminder email will be sent to you requesting the outstanding payment. This can be paid from your original payment method, directly into our account or by credit card. If paying by credit card, an additional charge of £2 will be incurred. If the funds have not been received within 5 days of the due date, a £15 admin fee will be charged. At this stage, the training programme will go on hold until the balance is paid. If payment is not received within 5 working days, a further email will be sent advising you that if outstanding funds are not received we reserve the right to pass your details over to our chosen debt collection agency to enable us to recover the costs. This email will represent the final demand for payment. Additional charges may apply in this instance.
14.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14.9 We are not liable for any charges that your bank may add to transactions.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
15.1 We do not provide medical advice. When following a fitness plan you are doing so at your own risk, and you must take full responsibility for the effects on your body which you may experience along the way.
15.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Business, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Plans; and for defective Plans under the Consumer Protection Act 1987.
15.4 If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.5 We are not liable for business losses. We only supply the training programmes for domestic and private use. If you use the training programmes for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16. HOW WE MAY USE YOUR INFORMATION
17. OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Business to another organisation.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Business to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Business, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the training programmes, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms of Business are governed by English law and you can bring legal proceedings in respect of the training programmes in the English courts. If you live in Scotland you can bring legal proceedings in respect of the training programmes in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the training programmes in either the Northern Irish or the English courts. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.
17.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Terms of Business: The Badass System Ltd. trading as Another Round