membership agreement

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.

General Terms

1.1 Definitions
“Booking” means the booking on the Website of a class or series of classes or other facilities and events provided by Busylizzy
“Busylizzy” (or “us, we our”) means Busylizzy Weybridge Limited, a company registered in England and Wales under company number 10172161 whose registered address is at 26 Artillery Terrace, Guildford, Surrey GU1 4NL.
“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 Busylizzy and pay your Joining Fee and first Monthly Fee or Annual Fee (or a deferred Commencement Date as agreed by us)
“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 Buslizzy 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 Busylizzy 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)
“Premises” means any of the premises that Busy Lizzy provides its services to Members
“Website” means www.busylizzyweybridge.co.uk

2. Membership

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 or Annual 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 email us at weybridge@busylizzy.co.uk and we will refund your Joining Fee and Monthly Fee (less £7.50 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 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 Website 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, 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.

2.13 The use by us and our Partners of your personal data shall be in accordance with our privacy policy and any privacy policy of our Partners.

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. Busy Lizzy 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.

2.15 Membership also entitles you to access to the community section of our Website. Your use of our Website is governed by our Website Terms of Use. In posting any content onto our Website, you agree to these Terms of Use.

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. Members are only able to pay a Class Fee for an individual class after paying their first Monthly Fee.

2.19 Members can freeze their membership for free if unable to attend classes for up to a 2 month period. Busylizzy requires one months written notice in writing via email to weybridge@busylizzy.co.uk. Freeze of membership will be confirmed back in writing via email. Freeze of membership cannot be backdated. “Pay as you go” members cannot freeze their membership.

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 For “pay as you go” Members, we will take the Annual Fee on the anniversary of the date of joining unless you provide us with one month’s written notice to terminate your Membership.

2.23 Paying the Monthly Fee entitles the Member to attend 8 classes per month. Any unused class credits can be rolled over to the following month. A Class Fee will be charged for any additional classes in that month.

3. 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

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 “Monthly Membership” You may terminate your Monthly Membership by providing us with one month’s written notice by email to weybridge@busylizzy.co.uk upon completion of an initial 3 month term  The earliest you can provide notice to terminate is one week before the end of month 2. For example, if your Commencement Date is 17th Feb, the earliest you can provide notice to terminate is 1 week before 17 April for your Membership to terminate 17th May. Your last Monthly Fee will be taken on 17th April.

3.4 “Monthly Membership” 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 upgrade, 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 “Monthly Membership” Unused class credits will expire on the date of termination of your Monthly Membership plan. These class credits are non-refundable or transferable across plans including downgrading to a “pay as you go” account.

3.7 “Monthly Membership” any unused class credits can be used throughout the final month of membership notice period and expire on the termination date.

3.8 “Pay as you go” Members can terminate at any time. There will be no refund of the Activation/Joining Fee (save for Members who can terminate as per section 2.5 above).

3.9 “Pay as you go” members who have not attended any classes within a 6 month period will be deemed inactive (should you wish to re-activate your account, we reserve the right to charge a Fee).

4. 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.

5. 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 must complete a questionnaire on joining 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 A breach of this section shall entitle us to terminate your Membership.

6. Liability

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.

7. Miscellaneous

◦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 us at weybridge@busylizzy.co.uk

Dated 4th September 2014