Terms and Conditions

 

Important: Please read these terms and conditions carefully. 

TERMS AND CONDITIONS

ABOUT THESE CONDITIONS

  1. This Website and the Goods and Services displayed on it are provided by Hero Wellbeing Limited and its subsidiaries (collectively referred to in these Conditions as "we", "us" and "our"). Further information about us is set out at Condition 25. When we refer to "you" and "your" we mean the user of this Website, purchaser of Goods or user of our Services.
  2. These are the Conditions which apply to your use of this Website and the purchase of Goods and Services from us. If you do not agree to these Conditions, you must not use this Website.
  3. You should read these Conditions carefully before using this Website or purchasing any Goods or Services from us.
  4. We reserve the right to change these Conditions at any time.
  5. Any changes to the Conditions will be effective after the change is published on this Website. You should check these Conditions before each order as they may have changed since your last visit.
  6. If you have any questions about the Conditions, the Services or this Website, please contact us using the contact details in the “Contact” section of this Website.

TERMS

When the following words used in these Conditions, this is what they mean:

“User Account” the online platform through which Member and Client details are saved, credits can be bought and classes can be booked and cancelled

“Billing Period” the period between one Payment Date and the next Payment Date;

“Class” any exercise Class or Classes provided by us or on our behalf at the Studios as part of the Services;

“Client” a user of this Website, purchaser of Goods or user of our Services;

“Conditions” the terms and conditions as set out in this document and as amended from time to time;

“Credit” Credits either purchased via our Website, in person at our Studios, or over the telephone and used to make bookings for Classes;

“Joining Date” the date on which a Client first pays for a Credit or Member first makes payment to us for their membership;

“Member” any person who has purchased a Membership;

“Membership” a monthly subscription to purchase a set amount of Credits a month;

“Membership Fee” the fee attributable to that Member’s Membership Type;

“Membership Type” the Membership Pack purchased by a Member including the specific number of Credits and Benefits attributable to that Member each month;

“Payment Date” means the date set out in the Conditions;

“Services” services available to you via this Website, including the Classes;

“Studios” any of our studios, as published on our Website from time to time; and

“Website” http://herotrainingclubs.com.

 

USERS OF OUR FACILITIES AND CLASSES

  1. All Clients must sign up for a User Account.
  2. We do not allow minors in a Studio at anytime.
  3. If you are under 18, please be aware of the following Conditions: You must talk to a staff member, register a User Account with hero and have a parent/guardian sign a consent form. 
  4. If you are between the ages of 16 and under 18, you must have a parent/guardian sign a consent form. Your parent/guardian must attend your first Class and before the Class begins, a staff member will complete an induction for health and safety purposes. After this has taken place, you will be able to take Classes without your parent/guardian.
  5. For Cardio Classes only, you must also meet the height requirement of 4 foot 11 inches.
  6. You agree to comply with our class rules in force from time to time which you can see online. The class rules relate to our opening hours, use of our facilities and your conduct.
  7. Instructors and Classes are subject to change at any time and you will be informed of this change via email and/or SMS.
  8. We reserve the right to refuse you access to the Studios and suspend or terminate your use of the Services if we reasonably consider that your conduct is damaging to our reputation, is in breach of these Conditions or such refusal would otherwise be in the interests of other users of the Studios or participants in our Classes. You will not be entitled to any refund in such circumstances.

HEALTH COMMITMENT STATEMENT

  1. We are not medically qualified so if you have any doubts about your fitness or capability to exercise, we strongly recommend that you gain advice from a doctor first. For safety reasons, you are responsible for correctly using our facilities and agree to keep to the conditions in the health commitment statement which you agreed to when registering for a User Account on our Website. A copy of our health commitment statement is available at https://herotrainingclubs.com or a hard copy is available at all of our Studios.

CREDITS

  1. Credits can be purchased via our Website.
  2. All Classes are booked via pre-paid Credits. To book a Class, your account must first be loaded with at least one Credit. Credits can be purchased online via our website.
  3. Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in these Conditions.
  4. Multiple Credits can be purchased as bundles at discounted rates (Credit Packs).
  5. To book a Class, you must have at least one credit in your User Account, unless otherwise specified at the time of booking. One Credit entitles you to attend one Class. In some instances, we may require two or more Credits from you to attend one special Class and in these cases; this will be specified to you at the time of booking.
  6. Credits purchased as part of Credit Packs will expire;
    1. if part of an introductory offer, 2 weeks from purchase;
    2. if a Credit Pack of 1 Credits, 14 days from purchase;
    3. if a Credit Pack of 5 Credits, 45 days from purchase;
    4. if a Credit Pack of 10 Credits, 60 days from purchase;
    5. if a Credit Pack of 20 Credits, 90 days from purchase;

 

  1. Expiry means that on and from the expiry date, you will not be entitled to use an expired       Credit to purchase Services. You will not be entitled to receive any refund in relation to any   expired Credits.
  1. From time to time, we may offer further discounts to our Credit Packs with a different expiry date to those set out above. This will be made clear to you at the time of purchase. Credits cannot be extended beyond the expiry dates agreed at the time of purchase, unless we in our discretion agree to do so in exceptional medical circumstances.
  2. For promotional sales, we may offer Credit Packs that have a shorter expiry than the standard expiry dates of our Credit Packs. This will be made clear at the point of purchase and in the confirmation email. We will not be able to extend these Credits beyond the expiry date in any circumstances. No other discounts are available on promotional Credit Packs. Promotional offers are subject to our discretion and may be withdrawn at any time and without notice.
  3. Subject to Conditions, Credits can only be transferred to another person at our discretion. You should contact one of our Studios either in person, by telephone or by email to discuss this with us.
  4. Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in these Conditions.
  5. Credits can be used at any Studio unless otherwise specified.
  6. Studio or Class restricted Credits will be used before other Credits regardless of expiry dates.
  7. Any voucher code issued by us at any time is unique to the offer to which it specifically relates. All offers are subject to our discretion and may be withdrawn at any time and without notice. Vouchers cannot be re-used and are valid once per Client.
  8. In certain circumstances you may be issued with free Credits which will allow you to book another person into a Class which you are also booked into (Buddy Credits). Buddy Credits can be used to book another person a space in a Class you are also booked into. If using Buddy Credits, you must ensure your friend is aware of and adheres to Class Rules at all times.
  9. For some workshops, Classes or events you may be required to purchase what is known as a 'Special Credit'. Special Credits will have a different monetary value to standard Credits purchased on the 'buy Credits' page and can only be used to book into the specific workshops, Classes or events to which they relate.

COOLING OFF PERIOD

  1. Where a Client has purchased a Membership or Credits online, they have a legal right under the Customer Contracts Regulations 2015 to cancel within 14 days of when the date of the purchase is confirmed (Cooling Off Period).
  2. To cancel within the Cooling Off Period the Client should contact one of our studios by telephone, in person, or email.
  3. When cancelling within the Cooling Off Period, the Client or Member will be refunded either:
    1. the full charge taken on their Joining Date, if no Classes have been attended;
    2. the full charge less the value of any Credits used within the Cooling Off Period. In the case of a Membership the value of a Credit will be calculated by dividing the full monthly Membership Fee by the number of monthly Credits attributed to their Membership Type; or
    3. the full cost of the Credits purchased, less the value of credits used within the Cooling Off Period, if they are not a Member.

BOOKING A CLASS

  1. You can check availability and book Classes in advance online via our Website.
  2. When you book a Class, one Credit will be deducted from your User Account unless otherwise stated on the website.
  3. We make every effort to ensure that there are a suitable number of Classes available at different times of the day. However, Classes are subject to availability and we do not guarantee that spaces will be available in any given Class, even if you have sufficient Credits in your User Account.
  4. If the Class you wish to attend is fully booked, you may choose an alternative Class with remaining spaces. Alternatively, you may join a waitlist for the fully booked Class.
  5. If you join the waitlist and a space becomes available, a Credit will automatically be deducted from your User Account and you will be automatically added to the Class up to 2 hours before the start. You will be notified by e-mail and/or text message if you are automatically added to a Class.
  6. Waitlist entries will automatically be allocated when a seat becomes available, up until 2 hours before the Class start time - please ensure that you remove yourself from the waitlist if you don't think you'll be able to make it to a Class on time. You can cancel your waitlist at any time up until they are allocated for a full refund. If a space becomes free within 2 hours of the start time, all remaining customers on the waitlist will be sent an email asking if they would like to accept the booking. In order to do this, you’ll need to click on the link in the email to book a spot in the Class. This is allocated on a first come first serve basis.
  7. If we cancel a Class, your Credit will be refunded unless otherwise stated. We will notify you of this via email or telephone call.
  8. You can access Class timetables and instructor information on our website. Once you have registered your details (or, where you are already registered, after you have logged in using your username and password), you can check availability and book Classes in advance online.

ATTENDING A CLASS 

  1.  You must be aged 16 years or over to attend any of our Classes or to use any of our facilities at our Studios.
  2. Where you are booked to attend a Class, you must turn up in good time before the start of the Class to enable the instructor to commence the Class at the advertised time. We reserve the right to refuse admittance to latecomers.
  3. You are responsible for correctly using our facilities and agree to observe the conditions in the Health Commitment Statement which you agreed to when registering for an account on the website. A copy of the Health Commitment Statement is available here or a hard copy is available at all of our locations.
  4. You acknowledge that our staff, agents and subcontractors are not medically qualified, so if you have any doubts about your fitness or capability to exercise, you must obtain prior advice from a doctor.
  5. We reserve the right to ask you to leave a Class and/or refuse you access to our Studios if we reasonably consider that your conduct is damaging to our reputation, is in breach of these Class Rules or it would otherwise be in the interest of other users of the Studios or participants in our classes.
  6. You acknowledge that class timetables and instructors are subject to change from time to time. We will endeavour to give you prior notice wherever possible.
  7. You bring all personal belongings to our Studios at your own risk. We do not accept responsibility for any loss or damage to these items before, during or after your attendance at a Class.

CLASS CANCELLATION

    1. Subject to Conditions, you can cancel a Class 12 hours before the start time of a Class and the Credits attributable to that Class will automatically be refunded to your User Account.
    2. If you cancel a Class less than 12 hours but before two hours before the start time of the Class the Credit attributable to that Class will only be refunded if the Class is full at the Class start time. If the Class is not full, or if you cancel the Class less than 2 hours before the start time of the Class, then the Credits attributable to the Class will not be refunded.
    3. The 12 hour cancellation policy does not apply to Special Credits. If you have purchased a Special Credit you must cancel at least 72 hours before the start time of the relevant workshop, event or Class. If you cancel before this time you will receive an automatic monetary refund to the card payment that was used for the booking. If you cancel with less than 72 hours’ notice you will not receive a refund.
    4. A Class can be cancelled either on the Website, in person, or by telephone.
  •  
  • YOUR USERNAME AND PASSWORD

    1. You must not allow any other person to use your username, password or other login details, and must treat such information as confidential and must not disclose it to any third party. If you believe or suspect that someone else knows your login details you must contact us as soon as possible.
    2. We reserve the right to disable any user identification code or password used to access to this Website at any time if in our reasonable opinion you have failed to comply with these Conditions.

    MEMBERSHIP

      1. Subject to the following provisions, a Member is entitled to a set number of Credits per month depending on their Membership Type.
      2. Upon purchasing a Membership we will email the Member confirming their Membership Type, including the number of Credits attributable monthly to their Membership and the Membership Fee.
      3. The Membership Fee is set out on the Website and is subject to change from time to time.
      4. The number of Memberships offered from time to time is subject to our discretion and we cannot guarantee their availability at any given time.
      5. Membership Billing:
        1. the first month’s Membership Fee will be collected from the Member either by debit or Credit card on their Joining Date;
        2. on their Joining Date the Member will provide details of a card to be saved to their User Account from which the Membership Fee can be collected;
        3. the Membership Fee will be collected monthly, in advance, thereafter on or about the same day of the month as the Joining Date (Payment Date) from the card saved to the Member’s User Account; and
        4. if payment is unsuccessful on the Payment Date, we will email the Member notifying them of the unsuccessful payment. If after 48 hours of notice being given, payment has still not been given, any valid Credits on the Member’s User Account will be used for future bookings (subject always to the provisions in these Conditions relating to expiry of Credits). If the Member has insufficient valid Credits in their User Account, future bookings will be cancelled. Their Membership will also be cancelled.
      6. Except for the Member’s right to cancel within the 14 day cooling off period, payments for Memberships are non refundable.
      7. Expiry of Membership Credits:
        1. all Credits must be used for Classes taking place within a Billing Period. Credits attributed to one Billing Period cannot be used for any other Billing Period;
        2. no refunds or extensions will be issued for Credits not used within the Billing Period to which they relate; and
        3. if in any Billing Period you have made bookings for classes in subsequent Billing Periods, they can only be paid for using Credits attributable to the Billing Period in which those classes are to take place. Credits from the current Billing Period cannot be used for this purpose.
      8. Members cannot transfer their Credits to another person.
      9. Membership Period
        1. a Membership will last for a minimum term of 12 months from the Joining Date (Minimum Term). After the Minimum Term the Membership can be cancelled at any time via the User Account or by telephone, in person or by email. Such cancellation will be effective at the end of the day which immediately precedes the Payment Date which next follows the cancellation; and
        2. a Membership can be frozen at any time 48 hours prior to a Payment Date by contacting one of our studios by telephone, in person or by email, for a period of one Billing Period at a time.
        3. Freezing a membership during the Minimum Term will result in extension of the Minimum Term by the number of months frozen
        4. Membership can only be frozen twice in any 12 month period.
      10. Members can book two people into a Class using Credits which they receive as part of their Membership.
  • CHANGE IN CIRCUMSTANCES 
    1. You can cancel your membership at any time if your circumstances change to such an extent that we are satisfied it is not possible for you to continue to use your training club’s facilities (for example, due to medical reasons, if you are made redundant or if you move to an area which is more than 20 miles from your training club). To cancel your membership for medical reasons, you will need to give us written proof from your GP.
  • NEED TO FREEZE
    1. If you need to take a temporary break for any reason you can freeze your membership for a period of up to 3 months for a reduced fee from month 3 of your initial minimum term. You may be able to freeze your membership free of charge for medical reasons. A free medical freeze can be applied for between 1 and 12 calendar months, as long as you provide us with recently dated acceptable medical evidence to cover you for the rest of the requested freeze period. 
    2. ‘Freezes’ begin on the 1st of each month and you need to request the freeze at least five working days before the month you wish the freeze to commence. If you freeze your membership within your initial minimum term, these ‘frozen months’ do not count towards your initial minimum term. 
    3. We may decide to increase the fee for freezing your membership, but we will not do this while you are on a freeze. You can find details of our latest freeze fees on our website. 

    MEMBERSHIP TERM AND CANCELLATION 

    1. If you pay your membership fees monthly by direct debit, you can cease your membership at, or to coincide with the end of your initial minimum term. If you wish to renew into a new membership with no change of plan type, you need do nothing more, your payments under your new membership will continue for the same term and will be collected by direct debit. If you wish to change your plan or do not wish to renew, please give us one full calendar months’ notice. You must pay your full membership rate during your months’ notice. Example: You give notice to end your membership contract on any day after 1st November, but your full calendar months’ notice will not start until 1st December and you will leave on 31st December. 
    2. You can ask to cancel your membership and give us notice by providing your membership details: by telephone, in person or by email.
    3. If you are paying by direct debit and you fall behind with your membership fees and this is not caused by a bank error, we may charge reasonable administration fees or suspend or cancel your membership; and we may pass your details to a debt-collection company to recover any outstanding payments. 
    4. We may decide to increase our membership fees, but your fees will not increase in your initial minimum term of membership. We will give you a minimum of 28 days' notice of any fee change. 

    PRICE

    1. Price details for Credits and Memberships are available on our Website and shall be such prices as determined by us from time to time.

    INTELLECTUAL PROPERTY

    1. We are the owner or the licensee of all intellectual property rights in this Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The design and layout of this Website are protected by copyright, database rights, design rights and other similar laws and may not be copied or imitated in whole or in part.

    LIABILITY

    1. We will compensate you for any loss or damage you may suffer if we fail to carry out our obligations under these Conditions or to a reasonable standard or breach any duties imposed on us by law (including if we cause death or personal injury to you by our negligence) unless that failure is attributable to:
    1. your own fault;
    2. a third party unconnected with our obligations under these Conditions; or
    3. events which we could not have foreseen, even if we had taken all reasonable care.
    4. Our liability to compensate you (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.

    PERSONAL BELONGINGS

    1. You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the training clubs. You assume all risk of loss for any of your personal belongings.

    VARIATION

    1. We reserve the right to vary or amend these Conditions from time to time. 


    Terms & Conditions last updated October 2019.