TERMS & CONDITIONS
1 Company Information
1.1 Flykick is a trading name of Resonant Frequency Ltd, a company registered in England and Wales (Company Number, 10439574) and whose registered office is Tower 42, 33rd Floor, Old Broad Street, London, United Kingdom, EC2N 1HQ. Our registered VAT number is 270 9606 90.
1.2 References on this website and in these terms and conditions to;
1.2.1 “Flykick” or “we” or “our” shall mean Resonant Frequency Ltd and/or its affiliated undertakings;
1.2.2 “You” or “your” or “Guest” or “Participant” means the user of this service, if you are using this website in your capacity as employee or agent of another entity, you agree that you are authorised to accept these terms and conditions on behalf of that entity.
1.2.3 “Classes” mean any exercise class provided by Flykick at any of our Studios, or provided by us at another location as published on our website;
1.2.4 “Credits” refer to the value of the credit held by Flykick, purchased by guests via the website, to be used to make class bookings of the same value;
1.2.5 “Studios” refer to any studio or other premise where we provide exercise classes;
1.3 The trade marks, logos and trade names displayed on the website are the property of Resonant Frequency Ltd or other third parties. You are not permitted to download, copy, modify or use these representations without our prior written consent or the consent of such third parties.
1.4 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 all such rights are reserved.
1.5 These terms and conditions will outline Flykick, our conditions and requirements for registration and participation, how to register and purchase classes or packages of classes, our cancellation policy, how to report a problem and important legal information.
1.6 You can contact Flykick by emailing firstname.lastname@example.org or by writing to Flykick, 350 Euston Road, Regent’s Place, London, NW1 3AX.
2 Health & Safety
2.1 The overall objective of Flykick is to develop the physical and mental health and wellbeing of its guests with kick-boxing inspired group fitness classes, the health and safety of each guest is of overriding importance, and therefore these terms and conditions shall be interpreted and applied accordingly.
2.2 The Flykick Health Questionnaire and Waiver (“Waiver”) must be completed and submitted by all guests to register on Flykick’s website, to be able to create an account and access Flykick classes. This must be submitted online or by hand at the Flykick studio, for avoidance of doubt, this may not be communicated by email or over the telephone. A copy of the Waiver is available in studio.
2.3 The Waiver must be completed by the individual (not any other person) and all questions must be answered and be accurate and correct to the full knowledge of the individual at the time of completion. The information provided must not be misleading, and guests must voluntarily disclose all other information relating to his or her physical or mental health or wellbeing which may be relevant to your participation in any Flykick class, including pregnancy.
2.4 If any of the information provided in the structures outlined in clause 2.2 changes or is found to be incorrect, the guest must inform Flykick as soon as possible through written communication via the website, email or in person to the Flykick reception, including the username their account is registered under.
2.5 Flykick may from time-to-time reasonably request further information relating to a guest’s personal details, physical or mental health and wellbeing without prejudice to the provisions made of clause 4.
2.6 Guests acknowledge that our staff, instructors and subcontractors are not medically qualified, notwithstanding those with first aid qualifications, so if you have any doubts about your capability to participate in a class, you must obtain advice from your doctor prior to participation.
2.7 Guests are responsible for adherence to the rules and regulations within the Flykick studio, the use of facilities, and observation of the conditions expressed in these terms and the Waiver. A copy of the Waiver is available here or a hard copy is available at our studio.
3.1 To create an account and access classes, guests are required to register online via the Flykick website or in person at the Studio. To register, guests must submit the required personal details using the appropriate form and the Waiver.
3.2 Flykick reserve the right to refuse an application for registration if it has reason to believe;
3.2.1 Their required personal details have not been submitted, or;
3.2.2 The Waiver has not been submitted, subsequent changes/found to be incorrect and/or further information has been requested and not submitted;
3.2.3 The applicant is believed to have one or more existing accounts or applications outstanding;
3.2.4 The applicant is under the age of 18;
3.2.5 Any reasonable belief that prejudice or harm would be caused to Flykick, its business, affairs, staff, representatives and/ or guests by the successful registration of the applicant.
3.3 Flykick will notify successful applicants of their registration as soon as possible via the email address provided in the application itself.
3.4 Following notification of the successful registration, you will receive a username and first-use password which will allow you to access your account, the class timetable, purchase credits and to subsequently secure a place in classes, subject to availability both online and in person at the Studio.
4 Purchasing Classes
4.1 Flykick account holders will be able to purchase individual class credits or packages of multiple class credits. These credits entitle the owner to register for any classes, to the equivalent value, listed on the Flykick timetable subject to availability.
4.2 Flykick may offer certain classes, packages and / or offers to certain groups, and in particular, may offer special introductory offers to new clients, which for the avoidance of doubt may not be available to existing clients or those that for any reason cancelled their registration.
4.3 Purchases of credits, and subsequently classes, may be made; online or in person at the Flykick reception and must be paid for in full by credit or debit card at the time of purchase.
4.4 Once a guest has made a purchase using a credit or debit card, Flykick will record and keep the details of that card for future purchases. If the guest does not want such details to be recorded, he or she must notify Flykick of this at the time of purchase. Flykick staff will make reasonable efforts to make guests aware that this is the standard practice.
4.5 Following a purchase and/ or class booking, Flykick will send a confirmation notice to the email address provided by the guest at registration. Details of the purchase will be outlined, and if a class is booked then the date, time, location and joining instructions for that class will be confirmed.
4.6 If a purchase is made, and a guest attempts to book into a class that is already full. There is the option to join a waitlist, to do this you must already have obtained enough credits to purchase this class. If a place is successfully secured then the credits will be deducted from your account, if you do not receive a place no credit will be taken from your account.
4.7 Credits are subject to expiry dates that will be clearly represented to guests at the time of purchase.
5 Cancellation and Refunds
5.1 All cancellations must be communicated to Flykick at least 12 hours before the class is due to take place, to be eligible for a refund of credits to your account. Any cancellations made after this will not be refundable and therefore will incur a late cancellation penalty equating to the value of one class.
5.2 If a guest is late for a class this will be considered a no show, and will result in the deduction of the credits used to book that class. For the avoidance of doubt, if a guest is not signed in to reception at the studio five minutes before the start they will be too late to join the class, will not be admitted and incur the late penalty. For first-time guests, we require them to participate in a 7 minute induction. If the guest is not able to attend the induction in it's entirety they will not be permitted to join that class.
5.3 Flykick may due to unforeseen circumstances, such as injury, illness or reasons beyond our control, need to cancel a class that you are due to attend. Flykick will notify all guests of the cancellation as soon as possible via the email provided during registration, and will refund the corresponding credit value to your account.
5.4 Credits may be refunded to a guests account due to cancellation by the guest, under clause 5.1 or due to unforeseen circumstances that require Flykick to remove the class from the timetable under clause 5.4. For the avoidance of doubt, cash refunds are not available and credits cannot be redeemed for a cash alternative.
5.5 If an item of merchandise, apparel or other sale item is returned, we will only be able to refund to the card that the purchase was made on. Refunds will only be made for items that are unworn, have their original tags and proof of purchase within 30 days of the purchase date.
6 Class Participation and Rules
6.1 Upon arrival, all guests must sign in at the studio reception and be able to provide a proof of identity on the request of Flykick staff. If guests are unable to provide evidence that the class was booked under their name, they may not be admitted to the class and will not be eligible for a refund.
6.2 All guests must wear protective hand wraps and boxing gloves to participate in the class. Guests must provide their own hand wraps, these can be purchased from the Flykick reception. Footwear should be removed however guests can choose whether to participate barefoot or wearing non-grip socks. If guests feel that socks are preferred, and do not have their own, these can be requested from reception. Jewellery and accessorises should be removed at the guest’s discretion, however if a trainer has reason to believe that any items may cause harm or are inappropriate for physical activity they have the right to ask the participant to remove the items before continuing the class.
6.3 If a participant suffers any injury or illness during the class, the guest must inform the trainers immediately. If the trainer reasonably believes that the participant should not continue the class for their own and other guest’s health, safety and well-being to avoid risk the guest will be asked to leave the class and will be instructed to speak to a first aid qualified member of staff. If the injury or illness is reasonably assessed to be minor, and will not impede a guest from completing the class, the trainer will offer appropriate adaptions to specific exercises or segments that the guest may choose to follow at their own discretion, to ensure that no further injury or illness is caused. and give further detail to the first aid qualified staff on site.
6.4 Participants should leave the class promptly at the trainers instruction at the end of the class, removing all personal belongings and effects. Participants should leave their immediate workout space in the state in which they found it on arrival.
6.5 Participants must not, at any time during a class, do or omit to do any act or thing which would result in his or herself, any other participant in the class, the trainers or any other person present;
6.5.1 Being put in danger or at a health and safety risk,
6.5.2 Being caused any distress, disruption or annoyance,
6.5.3 Being unable to experience the class in full due to the class and specific activities becoming impeded.
If the trainer has reason to believe that a participant is doing or omitting to do any such act or thing, the guest will be required to stop this act or thing. If the guest continues to do so, the trainer may require the guest to stop all further participation.
6.6 Participants must follow at all times the instructions of the trainer which they regard to be necessary to protect the health and safety of the guest, other participants and any other persons present including Flykick staff, employees and representatives.
7 Images and Photography
7.1 Guests accept that photographs, video recordings and electronic images may be taken in the studio before, during and after a class takes place. Guests understand and agree that these images may be used in any and all of Flykick’s publications, including website entries, and give permission to use their likeness without payment or other consideration. Guests understand and agree that these materials become the property of the organisation and irrevocably authorise the organisation to edit, alter, copy, exhibit, publish or distribute these images for purposes of publishing Flykick’s programmes or for any other lawful purpose.
8.1 We may update these terms and conditions from time to time, including for legal or regulatory reasons, to allow the proper provision of Flykick’s services, or to allow the proper operation of our websites. We will endeavor to give notice of these changes to you via the email address provided during registration.
8.2 We shall not be responsible for any breach of the terms and conditions caused by circumstances beyond our reasonable control.
8.3 A person who is not a party to this contract shall have no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract. This does not affect any right or remedy of a person who is not a party to this contract that exists or is available apart from that Act.
8.4 You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
8.5 If you breach these terms and conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the terms and conditions.
8.6 These conditions shall be subject to the laws governing England and Wales. We will try to resolve any disagreements quickly, but if you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within England and Wales.