These terms and conditions and any schedules (as may be varied from time to time) shall constitute your membership agreement (“Membership Agreement”) with Busylizzy.
By registering as a member of Busylizzy, you are agreeing to accept the terms of this Membership Agreement. We strongly recommend that you print out and save a copy of your Membership Agreement and contact us in case of any issues. We will keep a record of your acceptance of this Membership Agreement.
“Booking” means the booking on the Website of a class or series of classes or other facilities and events provided by Busy Lizzy
“Busy Lizzy” (or “us, we our”) means BUSY LIZZY BRACKNELL LTD, a company registered in England and Wales under company number 12260004 and whose registered address is at 186 Commercial Road, Staines-Upon-Thames, TW18 2QS.
“Class Fee” means the fee for an individual class
“Club” means the Busylizzy Club you have chosen to join
“Commencement Date” means the date you join Busy Lizzy and pay your Joining Fee and first Monthly Fee (or a deferred Commencement Date as agreed by us)
“Freeze” a pre-arranged period of time when Membership, class attendance and payment of Monthly Fees are suspended. Available for all “Unlimited” and “Pick N Mix” Members.
“Joining Fee” or “Activation Fee” means the fee that you must pay in order to become a Member. The Joining Fee is per family.
“Fees” means the Joining Fee, Activation Fee, Class Fee, Monthly Fee and any other fee Busy Lizzy charges for its membership services
“Monthly Fees” means the monthly Fee payable as a monthly Member
“Membership” or “Member” (or “you” “your”) means your membership of a Busy Lizzy Club
“Partners” means third party businesses which assist in providing classes or other services to our Members (which shall include without limitation Premises, instructors, our third party payment processor or businesses that offer discounts or other services to Members)
“Pregnancy Freeze” means an automatic 8 week suspension and reactivation of your Membership to coincide with the birth of your baby
“Premises” means any of the premises that Busy Lizzy provides its services to Members
“Website” means www.busylizzybracknell.co.uk
2.1 Your Membership will start on the Commencement Date at the Busylizzy Club you have chosen to join.
2.2 You shall pay the Joining Fee at the time of joining at the rate specified by Busylizzy.
2.3 Busylizzy reserves the right to amend its Fees at any time. Unless existing Members have been notified in writing of new Fees applicable to their Membership, any new Fees on the Site will only apply to new Members.
2.4 Apart from 2.5 below, all Fees paid upfront are non-refundable (save for in the sole discretion of Busylizzy).
2.5 You are entitled to a 14 day cooling off period starting from your Commencement Date. If you no longer wish to be a Member within this 14 day trial period, please contact your club us where we will refund your Joining Fee and Monthly Fee (less £7.50 Class Fee per class attended).
2.6 In addition to this Membership Agreement, all Members shall be bound with any separate rules provided by the Premises or our Partners which shall be made available to the Members.
2.7 Busylizzy reserves the right to reject any application for Membership at its sole discretion.
2.8 We may sometimes need to change times, session type or location of classes. If we need to do this we will, where reasonably possible, send you an email notifying you of the change or make an announcement on the Booking system and Facebook.
2.9 Members must be over 18 years of age, unless agreed with Busylizzy.
2.10 In order to make a Booking on the Website and App, you will be provided with secure access to the self service part of the Website where you can set up a secure login with a username and password. You will be able to view classes booked as well as make additional bookings.
2.11 On entering Premises or receiving a service from one of our Partners you may be asked to produce your Membership card. Premises and Partners reserve the right to refuse entry/discount or services if your Membership card is not produced.
2.12 Your Membership card is for your personal use only. You may not loan your Membership card to anyone else.
2.14 Payment for Fees is taken by our third party payment processor. On making a Booking you will leave the Website and enter a third party’s booking engine followed by another third party’s payment website. Payment is then taken by credit or debit card via a secure connection. Busylizzy does not have access to your payment card details. Once you leave our Website you are subject to the terms and conditions of our third party booking engine and payment processor. We are not liable for any damage caused in relation to using our Partner’s services.
2.16 We will occasionally take photographs and video footage of your and your children’s participation in classes and events. As a Member you give us permission to use such images and footage for the purposes of promoting Busylizzy’s services. Please inform us immediately if you do not wish us to use such images and footage in this way. We will use reasonable efforts to notify you on email or via our facebook page the day before any filming or photographs of the class will be going ahead. If you do not wish to participate, please attend an alternative class.
2.17 The monthly Membership starts from the Commencement Date and runs for 1 calendar month (for example if you pay your Joining Fee/Monthly Fee on 17th Feb, your monthly Membership runs from 17th Feb – 16th March, and rolls over on a monthly basis until terminated in accordance with section 3 below). Membership must be purchased for a minimum of 3 consecutive months.
2.18 We will take your Joining or Activation Fee and first Monthly Fee from your account on the day you join and on subsequent months we will take the Monthly Fee on the same date each month until you email us to terminate your membership under section 3 below.
2.19 Members can Freeze their membership for free if unable to attend classes for up to a 2 month period. Busylizzy requires one month’s notice by completing your Club Freeze Form in order to Freeze your membership. Freeze of membership will be confirmed back in writing via email. Freeze of membership cannot be backdated.
2.20 Members who book on a class and wish to cancel, must do so via our online booking engine at least 2 hours before the class start time. If you do not cancel within this timeframe and do not attend the class, you will be treated as having booked and attended, meaning that class credit will have been used. We run a strict 3 strikes and you are out process and reserve the right to cancel your membership if class bookings are not cancelled using this process.
2.21 Members can only book and attend classes at their chosen Busylizzy Club. Members attempting to access and attend classes at another Busylizzy Club will be refused entry.
2.22 Paying the Monthly Fee entitles the Member to attend (i) unlimited classes where they have joined as an Unlimited Member, (ii) 8 classes per month where they have joined as a Pick ‘N’ Mix 8 Member, or (iii) 4 classes per month where they have joined as a Pick ‘N’ Mix 4 Member. Any unused Pick ‘N’ Mix class credits can be rolled over to use the following month and will accumulate provided you are still a monthly Member.
2.23 Members can downgrade their membership from Unlimited to Pick ‘N’ Mix 8 or from Pick ‘N’ Mix 8 to Pick ‘N’ Mix 4 at any time after their initial 3 months. Any downgrade of membership will trigger a fresh 3 month commitment. Any unused class credits which a Member wishes to transfer over to their new membership as a result of a downgrade from Pick ‘N’ Mix 8 to Pick ‘N’ Mix 4 will be charged on a pro rata basis. Contact your club for details of charges.
- Term and Termination
3.1 Your Membership Agreement shall commence on the Commencement Date and shall continue until terminated in accordance with these terms.
3.2 We may terminate your Membership in the following circumstances (not limited to):
You breach any term of this Membership Agreement
You provide us with false details
Fraudulent or abusive behaviour
Non-payment of Fees
“Pay as you go” Members who have not attended any classes within a 6 month period
Busylizzy reserves the right to terminate the offer of a Membership at any time and at its sole discretion. We will notify you of our decision to do so.
3.3 Upon completion of an initial 3 month term or upon completion of 3 months after downgrading to a different monthly Membership, you may terminate your Membership by contacting your club and completing their cancellation form. The Company requires one full month notice to cancel your membership and therefore one final payment will be collected after the cancellation form has been received before your membership expires. Final payments cannot be pro rated as per section 3.4 below. For example, if your Commencement Date is 17th Feb, the earliest you can terminate is 16th May and your last Monthly Fee will be taken on 17th April.
3.4 We cannot pro-rata a refund of your final Monthly Fee so please ensure you terminate at least one week before the date your Monthly Fee is paid as per 3.3 above.
3.5 You may cancel, downgrade or Freeze your Membership at any time by providing us with one month’s written notice as per the process in section 3.3.
3.6 Any Pick n Mix class credits must be used by the date of termination of your Membership. Unused class credits will not be refunded for any reason.
3.7 Automatic Pregnancy Freeze (for Pick n Mix pregnancy members only). Your Membership will automatically Freeze on your baby’s expected due date (Pregnancy Freeze Start Date). On this date, your Membership will stop and classes cannot be attended. This Freeze period will end exactly 8 weeks after your expected due date and your Membership will resume on a Pick N Mix basis (Pregnancy Freeze End Date). If you need to amend the Pregnancy Freeze Start Date and End Date, or wish to be upgraded to an Unlimited Membership, please contact your Club direct to discuss your options. If you decide not to continue your Membership after your Pregnancy Freeze End Date, you can cancel your Membership as per the process in section 3.3.
- Amendments to the Membership Agreement
4.1 We may vary the terms of this Membership Agreement from time to time, but the Membership Agreement in place as at your Commencement Date or any subsequent revised Agreement which you have agreed to will govern your Membership.
- Member Conduct
5.1 Busylizzy classes and services are provided to you in Premises owned and operated by our third party Partners.
5.2 Please respect any rules provided by our Partners. Busylizzy reserves the right at its sole discretion to terminate your Membership if a Partner makes us aware of any conduct which breaches their Premises rules or is otherwise disrespectful to Partner’s staff.
5.3 Abusive, threatening conduct, offensive language and/or behaviour is not tolerated by us or our Partners.
5.4 We and our Partners shall be entitled (at our sole discretion) to reasonably refuse entrance to Premises or terminate Membership in the event a Member or her children’s behaviour is deemed unacceptable or endangers the safety or well being of any individual.
5.5 Members are respectfully requested to arrive for classes and events on time. An instructor may refuse entry if the class has already started.
5.6 Busylizzy instructors and staff at our Partner Premises are not medically trained and are not qualified to assess whether you or your child are fit and well enough to take part in our classes or events. Please contact your GP if you are in any doubt before starting a class. Also if you or your child feels unwell before or during a class, please let the instructor know as soon as possible.
5.7 All Members participating in exercise classes must complete a medical questionnaire which will be emailed to you. Certain medical conditions require written approval to exercise from your GP.
5.8 You will only participate in our classes and events if you know you and your child is in good health. It is your obligation to inform us of any medical issues which may impact upon your or your child’s ability to participate in our classes.
5.9 You will not participate in our classes or events if you know you or your child’s health could have an adverse impact on other Members’ health and will not attend classes if you are aware you or your child has a contagious illness or where there is a risk to the health and safety of other Members, our instructors or Partners’ staff.
5.10 You agree to respect the privacy of other members and in particular that neither you nor any of your family shall film or photograph any other members or their children or any third parties during our classes.
5.11 A breach of this section shall entitle us to terminate your Membership.
6.1 No advice or information provided by us or our Partners shall create any warranty or legal obligation and we make no warranty that our services shall meet your requirements or be fit for purpose.
6.2 To the maximum extent permitted by law, we and are Partners shall not be liable for any indirect, incidental or special loss, data, goodwill, whether such damage could have been foreseen or whether we were advised of the possibility of such damage or loss. We will not be liable for such losses or damage in connection with our services whether arising in contract, tort or otherwise.
6.3 Notwithstanding section 6.2 above, in the event that you suffer damage as a result of our failure to fulfil our obligations to you under this Membership Agreement or as a result of our negligent act or omission, our liability to compensate you is limited to the lesser of (i) the amount of Fees we have received from you in one year; or (ii) a reasonable sum having regard to whether the damage was caused by our negligent act or omission.
6.4 Neither us nor our Partners will be liable to you for:
Any loss or damage caused by your or your child’s own fault
Any loss or damage caused by a third party unconnected with us or our Partners.
6.5 Neither us nor our Partners will be liable for any loss or damage caused to any property or personal items brought to the Premises
6.6 Neither us nor our Partners shall be liable to you for any loss or damage caused by events outside our reasonable control (i.e acts of terrorism, riots, floods, freak weather, snow, fire etc)
6.7 Nothing in this section shall exclude our liability for death or personal injury caused by our negligence or any other liability not excludable by law
6.8 You and your child participate in all of our classes, activities and events at your own risk.
No rights shall be conferred by this Membership Agreement on any third parties (other than Partners) and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
You agree to indemnify us against all liabilities, claims and expenses arising from any breach of this Membership Agreement by you.
Your Membership is not assignable to any third party. We may assign our obligations under this Membership Agreement to a third party on written notice to you.
This Membership Agreement supersedes all prior agreements between you and us and constitutes the entire agreement governing your Membership.
This Membership Agreement shall be governed by English law and any disputes shall be referred to the courts of England and Wales.
In the event of any issues with your Membership, please email your club direct.
Dated 3rd October 2018