Terms and Conditions
Our cancellation policy is 12 hours. Classes can be cancelled by you online/via the app or by emailing or calling us. Please note that ‘swapping’ to another session is considered cancellation of the original class. Therefore this policy applies to both cancellations and swaps.
If you cancel up to 12 hours before the advertised start time of the class, you will be issued a credit. This credit can be used for another class of the same type and is valid for 1 calendar month from the date of cancellation. If you would prefer a refund, you should request this immediately after cancelling the class by calling us on 01628 290 260 or emailing email@example.com. Refund requests will not be processed if received after the class start time, regardless of when you cancelled.
If you cancel within 12 hours of the advertised start time of the class, you will not receive a credit or a refund.
Room Hire Bookings:
Our cancellation policy is the same as above but with a 24 hour timeframe rather than 12 hours.
Please refer to our full terms and conditions below.
FULL TERMS AND CONDITIONS
- THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we will contract with you when you buy and redeem the products and services we offer
1.2. Why you should read them. Please read these terms carefully before you purchase any products or services we offer. These terms tell you who we are, how we will provide our products and services to you, how you and we may change or end the relationship, 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 on 01628 290 260 or firstname.lastname@example.org to discuss it.
1.3. What we mean by “Products”. Products for the purpose of these terms relates to any physical item available for sale. This includes but is not limited to equipment, DNA tests, food and drink and sundries.
1.4. What we mean by “Services”. Services for the purpose of these terms relates to fitness classes, yoga classes, spin class, workshops, personal training sessions, room hire and/or any other time-based item we offer.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Zacs, which is a trading name owned and operated by Zacs Fitness Limited, a company registered in England and Wales.
2.2. Our company registration number is 09933890 and our address is 3 High Street, Marlow, Buckinghamshire, SL7 1AU.
2.3. How to contact us. If you have any questions or complaints, please do not hesitate to contact us. You can contact us by telephoning on 01628 290 260, by emailing us at email@example.com or in person at our address during our advertised opening hours.
2.4. How we may contact you. If we need to contact you we will do so by telephone, at the email address you provided to us or via push notification on our app if you are an app user.
2.5. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
3.1. How we will accept your purchase. Our acceptance of your purchase of a product or service purchased online will take place when we email you to confirm that we have received your purchase. This is when a contract will come into existence between you and us. Please note that Under 18s who use a complimentary Zacs email address on their account will not receive email notifications of purchases. These can be requested from firstname.lastname@example.org.
3.2. If we cannot accept your order. If we are unable to accept your purchase or we are aware of an error occurring in the purchasing process, we will inform you of this at our earliest convenience. If you become aware of an error occurring, you should inform us as soon as possible. A refund will be offered if the error clearly lies with Zacs.
- CREATING AN ACCOUNT WITH US
4.1. Your account. Every client must have an account registered with us before you can purchase a product or service.
4.2. Creating an account. To create your own account you must be at least 18 years old. Parents/guardians may register accounts for Under 18s but must inform us via email of doing so and provide the child’s date of birth to have the account converted to a child account and therefore benefit from the discounted child rates. We accept Under 18s to our classes when parental/guardian permission is given or when accompanied by a parent/guardian if under 16 years old. By purchasing a product or service online you are confirming to us that you are at least 18 years old. We reserve the right to request confirmation of your age on arrival. If you are unable to prove you are 18 or over and are not accompanied by a parent/guardian, or do not have their permission, we reserve the right to refuse you to take part in any classes.
4.3. Account details. When creating an account you must provide us with:
4.3.1. Your name;
4.3.2. A valid email address that you have regular access to;
4.3.3. A phone number that we may use to contact you in an emergency, and;
4.3.4. A password.
4.4. Password. You will be asked to create a password to be able to access your account and manage your bookings. Please keep this password secure and do not share it with anyone else.
- OUR PRICES
5.1. Price. The price for our products and services shall be as listed on the Zacs website and updated from time to time. We may run special offers or discounts at times – any long term change to our prices will be reflected on the Zacs website. Short term offers and discounts may only be advertised on social media and not reflected on the Zacs website.
5.2. Pricing mistakes. Whilst we use our best efforts to ensure our prices on the website are accurate, mistakes can happen. If the price for product or service is clearly wrong on our website then we reserve the right to cancel any order you may make and will refund any monies you have paid.
5.3. Save for as clearly outlined elsewhere in these terms and always subject to your general legal rights, all product and services purchases are non-refundable.
5.4. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- BOOKING A PRODUCT OR SERVICE
6.1. Our fitness and yoga classes are both available to book on the Zacs website, via our app, over the phone or in person.
6.2. Personal training sessions can be booked online or via the app but if it is your first session, you should contact Reception via email at email@example.com,in person or via phone in the first instance.
6.3. DNA tests can be purchased online, over the phone, via email or in person. Once payment is received, we will contact you within 48 hours to make further arrangements.
6.4. Vouchers to redeem against classes can be purchased online, over the phone, via email or in person. If purchasing online, you should contact us to let us know who it is for should a name be required on the voucher. If you don’t contact us, the voucher will outline the value only. Vouchers are sent to you via email, unless agreed via phone, email or in person otherwise and will be sent to you within 48 hours after payment is received, in line with our regular opening hours, except public holidays.
6.5. By booking a class, you recognise and accept that we are not supplying a class specifically for you, or to fit around your availability and that other members of the public may be present. All our classes are subject to availability and we cannot guarantee that spaces will be available for any given class unless you book.
6.6. Class cancellations. Due to circumstances outside of our control we may need to cancel a class that you are booked on. If this happens we will contact you at our earliest convenience to offer to refund you or to arrange a rebooking on your behalf. In both circumstances you will receive a cancellation notification via email to the email address you have previously provided. We will use reasonable efforts to contact you, but we will not be liable for any costs you may incur if you arrive to a class that has been cancelled, where we have tried to notify you of the cancellation.
6.7. Attending a class without a booking. We operate a booking system for all classes offered and strongly suggest a booking is made prior to attending. Should a class have no bookings and a qualified member of staff is available to take the class at the scheduled time, we will always take the advertised class for you if you drop in and have not booked. If a qualified member of staff is not present or we have decided to open late/close early due to no bookings being made, we will not be liable for any costs you may incur travelling to us if you did not make a booking.
6.8. Cancellations. If you wish to cancel a booking that you have made you can do so on your online account or via the app. If you cancel more than 12 hours before the class is due to start then we will accept the cancellation and you will receive a credit to use again for a class of the same type as the one you cancelled. Credits for cancellations must be used within a month. If you would prefer a refund, please contact us to request this. Refunds will only be given if requested immediately after you cancelled, assuming cancellation is made up to 12 hours before the original class start time. If you cancel within 12 hours of the original class start time, a credit will not be issued and a refund will not be provided. Refunds are processed within 48 hours and the payment will appear in your account within 5-7 working days.
- ATTENDING A CLASS
7.1. Start time. To ensure everyone enjoys the classes please ensure you arrive promptly for your class. The start times are clearly listed on the website/app and the confirmation of your booking. If you do turn up late we reserve the right to not admit you to the class if it is likely to disturb others. We will not refund any monies in this situation so please be on time. If you are the only person attending the class and you arrive late, we will do our best to take the class but may need to cut the session short to allow our staff to prepare for the following class or take refreshments. If you arrive more than 15 minutes late and have not informed us, it will be assumed that you are not attending and will be classed as a cancellation without notice and a refund will not be given.
7.2. Conduct. Mobile phones, personal music and other electronic devices likely to cause disruption or inhibit you or others from hearing the instructor or enjoying the class are not allowed. Whilst on site, please ensure you conduct yourself in a reasonable adult manner and allow others to enjoy their time with us. We reserve the right to refuse entry to anyone, may ask you to leave, or refuse future bookings if you are in breach of this.
7.3. Equipment. We take pride in our facilities and equipment. We ask that all attendees look after our equipment and property whilst on site. We reserve the right to charge you for any damage that you cause to our equipment or property if you have been using either in a way that is likely to cause it damage or outside of the instructions given to you by a member of staff.
7.4. Provisions & attire. You should attend classes in comfortable workout clothes and training shoes with non-marking soles. Offensive or extremely suggestive clothing will not be tolerated and you may be asked to leave. Zacs cannot be held liable for any injury or damage caused by inappropriate clothing. We encourage all customers to drink plenty of water and to refuel after a class and would recommend that all customers have fuelled sufficiently prior to a class. If you choose not to do so, Zacs cannot be held liable for any consequence of this whilst you are on site or after you have left.
7.5. Children & minors. Persons under 16 years old can attend classes if accompanied by a parent or guardian, assuming a prior agreement has been made with a member of the Zacs management team. Whilst on site, persons under 16 years old are the sole responsibility of their parent or guardian. We don’t have facilities to care for children whilst you are attending a class. Persons between 16 – 18 years old may attend independently with parental/guardian permission.
- PERSONAL TRAINING (PT)
8.1. Personal Training at Zacs is provided by qualified, experienced Personal Trainers.
8.2. Who will train me? Unless a specific arrangement is made, you will be allocated an appropriate member of staff depending on availability. Where possible, this will be the same person each session and we will do our best to inform you of any changes in staff prior to your next session.
8.3. How do I book? Personal training sessions can be booked online or via the app but if it is your first session, you should contact Reception via email at firstname.lastname@example.org,in person or via phone in the first instance. Sessions with Zac Purchase MBE can be booked in this way and are available on a pay as you go or monthly basis. Monthly PT with Zac is quoted for on an individual basis and sessions may be arranged privately at mutually convenient times.
8.4. Consultations. Each potential client receives a free consultation on site with a PT before their first session. We discuss your goals, current and desired level of fitness and existing nutrition. Consultations take approximately 15 minutes and you are not obliged to book further sessions after this point. The PT will agree a suitable plan of action with you following the consultation. You should disclose any relevant medical history or current issues to the PT at this point.
8.5. Sessions. PT sessions are delivered by a qualified, experienced PT who will instruct you in exercises appropriate to your current level of fitness, with the aim of helping you achieve your goals. You must disclose any new medical issues before each session if not previously noted at consultation.
8.6. Ending PT sessions. Unless stated otherwise, we operate a pay as you go system for PT sessions. If you do not want to continue there is no obligation to do so. If you have booked a subsequent session and then decide to cancel, our standard cancellation policy with regards to class cancellations applies (see 6.8.).
- DNA TESTING
9.1. Our DNA testing facility is provided by DNAFit Ltd. By purchasing a DNA test through us you accept the terms and conditions outlined on DNAFit’s website.
9.2. What do we test for? We test for genetic predispositions to various areas regarding fitness and nutrition. We do so because it is an interesting area of science and can help people further understand their body type from a genetic perspective. This in turn can help people focus on certain areas of exercise and nutrition which would be beneficial for them to pursue.
9.3. How is the test conducted? We use a non-invasive saliva swab to take the test.
9.4. Under no circumstances do we test for genetic predispositions to serious disease, parentage, life expectancy or any other significant or potentially life changing factor. It should be noted that the genes which would highlight such potential issues are specifically not analysed at all at the laboratory, rather than being analysed and the results being withheld from the customer.
9.5. If bought in person tests can be taken in house and sent for analysis by Zacs. If bought online or via the app, you will be contacted by a member of staff within 48 hours once payment is received and given the option of coming in to take the test or having it sent directly to you. In both scenarios test results will be sent to you directly unless you specify that they come to us. This is because the information is classed as confidential medical information. By requesting that your test results are sent to us and/or booking your free consultation to discuss the results, you are giving us permission to view and discuss this personal information.
9.6. Timescales. Test results aim to be analysed and returned within 3 weeks.
- OTHER PRODUCTS & EQUIPMENT
10.1. Equipment can be purchased online, via our app or in store. Staff will be happy to advise on the different types of equipment but cannot suggest programmes or appropriate weights for customers to use in their own time. Programme writing and consultations are available at an additional cost, bookable via Reception.
10.2. Zacs cannot be held liable for any injury caused by using our equipment in your own time.
11.1. Vouchers can be purchased online, via our app,over the phone or in person.
11.2. Vouchers are not refundable and can only be redeemed by the named person or the person purchasing the voucher if no name is given.
11.3. Unless otherwise stated vouchers must be redeemed within 3 calendar months.
11.4. Vouchers are for fitness, yoga or spin classes or personal training (except with Zac Purchase MBE, unless previously agreed) and cannot be redeemed against DNA tests and/or equipment or other products.
- REFUNDS & RETURNS
12.1. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most things bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
12.2. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed (i.e. you have attended a class), even if the cancellation period is still running.
12.3. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
12.3.1. When you purchase a service online i.e. a class, you have up until 12 hours before the start time to cancel. Once we have completed the service you cannot change your mind. If you cancel/leave after we have started the service, no refund will be given.
12.3.2. If you purchase a product online i.e. an item of equipment, you have 7 working days after receiving the item(s) to notify us in writing at email@example.com if you do not want the product. The product should be returned to us within a further 7 days after that point at your own expense. A refund will be provided assuming the product is returned in perfect, re-saleable condition. DNA tests are non-refundable as they are sent by a third party. Refunds will be processed no later than 14 working days after the product has been returned.
12.4. Faulty goods. Please contact us immediately upon receiving an item should you believe it to be faulty. The Zacs management team will assess and rectify on a case by case basis.
- ROOM HIRE & EXTERNAL USE
13.1. Which rooms can I hire? Our main fitness studio, yoga studio and consultation room are available to hire to qualified third parties.
13.2. How do I hire? All users must have an account which are subject to the terms outlined in this document. Upon creating an account, you should contact us via email, phone or in person. We will arrange an appointment for you to visit, to meet you and to take copies of your documentation. Once we are satisfied on the nature of the use and documentation presented, we will convert your account to a room hire account which will allow you to make online/app bookings going forwards.
13.3. Payments and receipts. Payment is taken upon booking and a receipt (non-VAT) will be automatically generated and emailed to you every time you book. Please let us know if you require a VAT receipt. VAT receipts are generated in bulk at the end of each month.
13.4. What if I my appointment runs over? We would request that you are mindful of your appointment end time and ensure that you and your clients leave promptly. If there is no one booked after you, overtime will be charged every 15 mins after the booking was due to finish at our standard rate for that room. This will be invoiced at the end of the month. If the room is booked immediately after you, you will be politely reminded that your booking has come to an end and that someone is waiting to use the room.
13.5. Cancellations. Our cancellation policy for room hire is 24hrs and you should cancel your bookings online/via our app. Cancelling up to 24hrs before your booking start time – you will automatically be allocated a credit, which lasts for 1 calendar month. If you would prefer a refund, please email us immediately upon cancelling at firstname.lastname@example.org, requesting a refund. Any requests for refunds received after the original booking time will not be processed. Cancelling within 24hrs of the booking start time – you will not receive a credit or a refund.
13.6. Equipment. Unless otherwise stated, the equipment found in our studios is included in the hire cost. Equipment should be left in good condition and in the place that it was found. Any breakages or damage to equipment must be paid for by the hirer. Please contact us for a full list of equipment available in each room.
13.7. Accidents, Injuries and Insurance. While on site members of the public attending the session of a hirer are the responsibility of the hirer. The hirer confirms that they have the relevant qualifications to take the class/offer the service they are providing and confirms that they have the relevant insurance to cover any accident or injury that may arise from the class/service that they are providing. Qualification and insurance certificates must be provided and Zacs retains the right to refuse a booking at any time if it is found that any certification has lapsed. The hirer should have Public Liability cover of £5 million as a minimum and by DBS certified if working with children. If an accident/injury occurs, Reception should be notified immediately. Once the patient is stabilised and the correct action has been taken, an accident and injury form must be completed.
13.8. Music. We operate a wireless Sonos Sound System in all of our studios. It is strongly suggested that hirers use our system by downloading the Sonos app and connecting via our wifi. Instructions on how to do this are available from Reception. By using our system you are covered by our PRS music licence, enabling you to legally play music to the public. We are happy for you to provide your own music but by doing so you confirm that you hold the appropriate licences. We do not take any responsibility for any music provided by a hirer and reserve the right to limit your music volume if we feel it is excessive.
13.8. Visitors, Under 18s and Personal Information. All visitors/clients of the hirer must sign the visitors book at reception. Zacs retains the right to request personal details from any party attending any of our locations and may retain and use this information in accordance with the terms outlined in this document. Please be aware that our staff are not qualified to care for children and not all staff and/or visiting suppliers are required to hold DBS certification. All Under 18s are the responsibility of their parents whilst on site.
- IF THERE IS A PROBLEM WITH WHAT WE ARE DOING
14.1. How to tell us about problems. If you have any questions or complaints about any of our services, please contact us. Alternatively, please speak to one of our staff at any of our locations.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, 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 both we and you knew it might happen. An example of foreseeable loss may be the travel expenses you have incurred trying to get to a class that was does not go ahead due to something that is our fault, where we have not used reasonable efforts to contact you previously. Unforeseeable losses would include, for example, if you missed a flight due to a class you were attending overrunning.
15.2. Personal property. There is space to leave coats and a small bag in our studios or in the changing area. Our staff will do their best to ensure the safety of your belongings at all times but are ultimately not liable for any damage or theft.
- PERSONAL INJURY
16.1. Online and app bookings. By booking a class online, you will be asked to read and accept our Health Declaration. By doing so 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, and that such exercise would not be detrimental to your health, safety, comfort or physical condition. If you have any medical conditions, you are agreeing to let the class instructor know before the class begins.
16.2. Booking on site, via phone or email. If you book on site, or via phone or email, you will be asked whether you have any injuries or illness before carrying out your first class. If Zacs creates an account on your behalf, it is still assumed that you have read our Ts & Cs and Health Declaration before attending. It is your responsibility to provide us with updated medical information if your circumstances change.
16.3. Zacs staff are not medically trained and are therefore not qualified to assess whether the customer is in appropriate physical condition to use the facilities. Zacs advises all customers to take medical advice prior to starting any exercise programme if they are in any doubt as to their ability to do so.
16.4. During a class. Our staff are extremely experienced and will always try to give personal attention to each customer whilst pitching each class at the advertised level. Our classes are physically demanding and our staff do their best to look for signs of a person struggling but they cannot be expected to know how each person is feeling unless you make them aware. Should you feel unwell at any point during a class or immediately afterwards you should inform a member of staff immediately. You are responsible for stopping immediately if you are unwell or feel you can’t continue for any reason.
16.5. Public and products liability. Zacs Fitness Ltd holds Public and Products Liability insurance to the sum of £5,000,000. Our certificate and schedule of cover is available upon request.
16.6. Restrictions. Whilst we aim to be fully inclusive and encourage people of all shapes, sizes, abilities and from all backgrounds to lead an active, healthy lifestyle, there may be occasions when a class is not suitable for you. If this is the case, our staff may, in confidence, suggest another class for you. Equally, there is a weight limit for some of our equipment; spin bikes 120kg/20st; suspension trainers 120kg/20st; sky yoga hammocks 89kgs/14st.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1. How we will use your personal information. We will use the personal information you provide to us:
17.1.1. to supply the services to you;
17.1.2. to process your payment; and
17.1.3. to inform you about similar products that we provide.
17.2. We will never sell personal data to a third party and will only ever give your personal information to a third party where the law either requires or allows us to do so.
- GENERAL TERMS
18.1. We may transfer our rights and obligations under these terms to another organisation.An example of this would be if we decide to change our trading name or name of our limited company. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights. If you are unhappy with the transfer you may contact us within 1 month of us telling you about it and we will refund you any payments you have made in advance for services not yet provided.
18.2. You may only transfer your rights, including any services not yet redeemed, or your obligations under these terms to another person if we agree to this in writing.
18.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). These terms are between you and us. No other person shall have any rights to enforce any of its terms.
18.4. 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 as if the illegal part had never existed.
18.5. Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18.6. These terms are governed by English law and you can bring legal proceedings in respect of our services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
18.7. At Zacs we are committed to protecting your privacy. This statement is made in the light of the requirements of the Data Protection Act 1998 in order to advise you of Zacs data processing practices which will govern the processing of your data. If you have any queries about this statement please contact us at Zacs Fitness Ltd, 3 High Street, Marlow, Buckinghamshire, SL7 1AU or by email at email@example.com.
- WHEN DO WE COLLECT INFORMATION?
19.1.We will obtain personal information from you when you complete a booking or any other purchase of services or products online, via our app,via phone, email or in person.
19.2. What information do we collect? The types of information we collect includes name, date of birth, e-mail address, telephone number, password, next of kin, and your bank details. Please note that our website is SSL protected when making payments.
- HOW DO WE USE THIS INFORMATION?
20.1. We will use your personal information to provide you with the services, products or information that you have requested and for administration purposes. We may need to share your information with our service providers, associated organisations and agents for these purposes.
- HOW DO WE PROTECT PERSONAL INFORMATION?
22.1. We use a secure server and also take appropriate measures to ensure that the information disclosed to us is kept secure, accurate and up to date and kept only for so long as is necessary for the purposes for which it is used.
22.2. Will we disclose the information we collect to outside parties? As indicated above, we may pass your information to our service providers, agents and associated organisations and, if you have consented, to other organisations. We may also need to disclose your information if required to do so by law.
- YOUR CONSENT
23.1. By providing us with your personal data, including sensitive personal data such as on your health, you consent to the collection and use of any information you provide in accordance with the above purposes and this privacy statement.
23.2. You also consent to our transferring your information to countries or jurisdictions which do not provide the same level of data protection as the UK, if necessary for the above purposes. If we do make such a transfer we will, if appropriate, put a contract in place to ensure your information is protected.
- RIGHT OF ACCESS
24.1. You have the right to ask for a copy of the information we hold about you (for which we may charge a small fee) and to have any inaccuracies in your information corrected.
25.1. If your personal details change, please help us to keep your information up to date by updating your profile on the Zacs website or by notifying us at the above addressor via email.
25.2. We reserve the right to amend this privacy statement at any time by updating it on our website.