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 a Busylizzy Club and attending our face to face classes, 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
“Annual Fee” means the fee payable on joining and annually for a “pay as you go” Membership
“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 Kingston, Surbiton & New Malden Limited, a company registered in England and Wales under company number 11967609 and whose registered address is 7 Taylor Road, Ashtead, KT21 2HZ.
“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 pay your Joining Fee and first Monthly 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, Monthly Fee, Annual Fee and any other fee Busylizzy 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)
“Premises” means any of the premises that Busylizzy provides its services to Members
“Virtual Classes” means the provision of a closed members Facebook group where we will live stream a selection of Busylizzy classes plus live talks. A timetable of Virtual Classes will be published on the Website. All Pick N Mix and Unlimited Members will automatically get access to our Virtual Classes.
“VUM” means a member who only has access to the Virtual Classes under the VUMA (Virtual Unlimited Membership Agreement)
“Website” means [www.busylizzy.co.uk]
- Membership
2.1 Your Membership will start on the Commencement Date at the Busylizzy Club you have chosen to join and for the type of Membership you have chosen (i.e. Unlimited, Pick N Mix etc).
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 where we will refund your Joining Fee and Monthly Fee (less £10 per face to face class attended and £1 per day for Virtual Classes).
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.
2.13 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. 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.
2.15 We will occasionally take photographs and video footage of you 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.
2.16 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).
2.17 We will take your Monthly Fee from your account on the same date each month until you email us to terminate your membership under section 3 below.
2.18 Unless you inform us otherwise in writing, Members who join a Club during pregnancy will automatically be downgraded to a VUM on their due date for a period of 2 months. Members can then attend Virtual Classes from home. We will then automatically upgrade your Membership (unless you inform us otherwise in writing). Class credits will be retained during the VUM downgrade period.
2.19 Should your Club need to suspend classes for any reason (for example, due to the coronavirus outbreak), your Membership will automatically be downgraded to a VUM where you can attend our Virtual Classes and the VUM terms shall apply.
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. All Pick N Mix and Unlimited Members will automatically get access to our Virtual Classes.
2.23 Members can downgrade their membership from Unlimited to Pick ‘N’ Mix or from Pick ‘N’ Mix 8 to Pick ‘N’ Mix 4 or to a VUM (under our VUMA Agreement) at any time by providing us with one month’s written notice. 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.
2.24 In order to access our Virtual Classes, Members must have a Facebook account and accept the terms and conditions of Facebook (https://www.facebook.com/policies). You will be provided with an email confirming your access to a secure closed members Facebook page where you can access the Services via your existing Facebook account.
- 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 (should you wish to re-join after your Membership has lapsed in this way, we reserve the right to charge a Joining Fee).
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 You may terminate your Membership at any time on one month’s notice by contacting your Club and completing their cancellation form (“pay as you go” Members who can terminate anytime as per section 3.6).
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 upgrade or downgrade your Membership at any time by providing us with one month’s written notice as per the process in section 2.23.
3.6 “Pay as you go” Members can terminate at anytime by providing one month’s written notice. There will be no refund of the Joining Fee for early termination.
3.7 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.
3.8 You will no longer have access to the closed members Facebook group once you have terminated your Membership.
- 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 their 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. In particular, if you suspect you or a member of your family has contracted COVID-19 please inform us immediately and do not attend any classes for a period of 14 days.
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.
- 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. We try to make sure that all information that we post on the Website and provided as part of any Services is correct, and we will use reasonable care and skill in providing the Services to you.
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 You and your child participate in all of our classes, activities and events at your own risk.
6.8 You confirm that if you participate in our Virtual Classes you do so (i) at your own risk (ii) in a safe environment in your own home and (iii) you confirm that you are generally fit and healthy and have no underlying health issues that may adversely impact upon your participation in the Virtual Classes. Please listen to your body and when in doubt, stop that particular exercise. You expressly waive and release any claim that you may have at any time for injury of any kind against us and our Partners. You assume all risk of injury by using the Virtual Classes. Please do not use the Virtual Classes if you are not willing to accept this responsibility.
6.9 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
- 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 your Club direct.
Dated June 2020
