Our Service Terms & conditions

Welcome to DP Sports Performance & Injury Clinic! We provide injury management and performance physiotherapy services.

In these terms and conditions, when we say you or your, we mean you, the person booking an Appointment for our physiotherapy services (Services). Where you are booking an Appointment on behalf of your child, you represent and warrant that you are authorised to agree to these Terms on behalf of your child and you agree that your child will also be bound by these Terms, and you will mean you and/or your child (as applicable).. When we say we, us or our, we mean Direct Physio Ltd, a company registered in England and Wales with company number 11948656. These Terms are entered into between us and you, each a Party and together the Parties.

These terms and conditions and the Consent Form that you are provided with via email or in person at our Premises once your Appointment has been confirmed (together the Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning throughout these Terms or at the end of these Terms.

For questions about these Terms, or to get in touch with us, contact us using the details below:

1. These Terms

1.1  What these Terms Cover: These Terms contain the terms and conditions on which we supply the Services to you.

1.2  Please read these Terms carefully before you accept these Terms. These Terms tell you who we are, how we will provide the Services to you, how you and we may change or end these Terms, what to do if there is a problem with the Services and other important information. If you think that there is a mistake in these Terms or require any changes to these Terms, please contact us to discuss (using our contact details above).

1.3  How to tell us about problems: If you have any questions or complaints about the Services, please contact us to discuss (using our contact details above).

1.4  We are registered members of the Health & Care Professions Council (HCC) and subject to the standards of conduct which can be found here: https://www.hcpc-uk.org/standards/standards-of-conduct-performance-and-ethics/.

1.5  Our members of staff may also be bound by various codes of conduct such as the Sports Massage Association (SMA) Code of Conduct. SMA’s Code of Conduct can be found here: https://www.thesma.org/page-1357951.

2. Acceptance and Term

2.1  You accept these Terms by the earlier of:

1. 1. (a)  ticking the box or clicking ‘I Agree’ at the time of making your Appointment;
   2. (b)  confirming by email that you accept these Terms; and
   3. (c)  signing the Consent Form when attending our clinic in person.

2.2  These Terms apply from when you have accepted these Terms in accordance with clause 2.1, until we have completed the supply of the Services, as reasonably determined by us.

2.3  If you make a booking for our Services, and you expressly request that we start providing the Services to you within your 14-day cancellation period, you acknowledge that you will lose your right to cancel within the first 14 days under the consumer laws.

3. Use of the Site

3.1  You must not make an Appointment for the Services unless you are at least 18 years old.

3.2  When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(a)  anything that would constitute a breach of an individual’s privacy or any other legal rights;

(b)  using the Site to defame, harass, threaten, menace or offend any person;

(c)  using the Site for unlawful purposes;

(d)  interfering with any user of the Site;

(e)  tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

(f)  using the Site to send unsolicited electronic messages;

(g)  using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(h)  facilitating or assisting a third party to do any of the above acts.

3.3  You must ensure that any personal data you give to us when making a booking for an Appointment is accurate and up to date.

3.4  All personal data that you give to us will be treated in accordance with our privacy policy. You can find our privacy policy at https://www.dpsportsclinic.co.uk/cookie-and-privacy-policy/.

4. Appointments

4.1  You may make a booking for our Services through our website (Site), over the phone or via email using the contact details above.

We will perform the Services at the date and time agreed between the Parties (Appointment).

4.2  Initial Assessment: Where you wish to engage our Services, your first appointment will constitute an initial assessment to assess your needs and put together a suggested plan for your treatment going forward (Initial Assessment). We will perform the Initial Assessment at the date and time agreed and payment must be made following your Appointment. Once you have attended the Initial Assessment, we will propose some suitable treatments going forwards, as well as the Price and scope for our ongoing Services (if necessary).

4.3  We offer our Services through a variety of packages or as standalone Appointments. We may from time to time, offer discounts for certain Services. You can enquire about these discounts using the phone number at the beginning of these Terms or you may discuss this with us in person following your Initial Assessment. We will provide you with the process of claiming the discount when you make an Appointment with us.

4.4  Performance Plans: We offer various sports therapy plans, tailored to varying levels of personal needs to target your recovery, mobility and agility (Performance Plans). The different Performance Plans available and their inclusions are set out on our Site. You can enquire about our Performance Plans by contacting us via our Site or using the phone number at the beginning of these Terms.

4.5  Each Appointment, whether it is an Initial Assessment, a standalone Appointment or part of a Performance Plan, is subject to these Terms and forms part of the Services.

5. Payment

5.1  You must pay us the price of each of the Services provided to you (Price). Subject to clause 5.7, you must pay the Price notified to you at the time of making your Appointment, at the completion of each Appointment (as reasonably determined by us).

5.2  All amounts are stated in pounds sterling, being the currency of the United Kingdom from time to time, and are inclusive of value added tax (or any equivalent tax in the UK), where applicable.

5.3  You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

5.4  We may use a third party provider to process your payment. You acknowledge and agree that we have no control over the actions of any third-party provider we may use from time to time, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

5.5  Where you are using private medical insurance to pay for your Appointment, you must provide us with your pre-authorisation number along with your policy number and details of your insurance provider (Insurer) at your Initial Assessment. Where you do not provide us with this information, we are unable to accept payment through your Insurer. You represent, warrant and agree that where you are using private medical insurance to pay us the Price in accordance with the Payment Terms:

(a)  you are solely responsible for entering into your own agreement with the Insurer and ensuring compliance with their terms and conditions;

(b)  you are responsible for notifying the Insurer details of your treatment, Payment Terms and any other relevant provisions of these Terms; and

(c)  you will remain liable for any excess in the Price that is not covered by your insurance cover.

5.6  You acknowledge and agree that you will remain liable for any breaches of these Terms by you or by the Insurer. If the Insurer fails to make any payments in accordance with this clause 5, such payment will become a debt due and immediately payable by you to us.

5.7  Payment for the Performance Plans are taken on a monthly basis (Billing Cycle) via Direct Debit. Unless the Services are suspended or terminated in accordance with these Terms, your Performance Plan will automatically renew at the end of the Billing Cycle for the same period of time. You will be charged the Price in connection with each subsequent Billing Cycle unless and until you cancel your Performance Plan.

5.8  We solely offer direct debit as a payment method for Performance Plans. We will send you a direct debit form via our third party payment provider, GoCardless, which must be completed at least 3 Business Days prior to your first Appointment under the Performance Plan.

5.9 Where you wish to change the Performance Plan (for example, by upgrading or downgrading to a different Performance Plan) you must provide us notice using the contact details at the beginning of these Terms that you wish to vary the Performance Plan at least 24 hours before the end of the current Billing Cycle. Where you are upgrading your Performance Plan, a one-time payment will be necessary to cover the outstanding amount based on the upgraded plan Price. Where you are downgrading, any unused portion of the Performance Plan will be credited towards the new Performance Plan Price.

6. Gift Cards

6.1  We may offer the option to purchase gift cards through our website or at our Premises and they can be redeemed for Services in person at our Premises.

6.2  Gift cards must be used within 12 months of purchase. It is your responsibility to keep track of the expiration date. Any unused credit will expire on the expiration date and cannot be redeemed after this date. If you are purchasing a gift card for another person, you should ensure that they are aware of these Terms, and the relevant expiry date of the gift card.

6.3  If the amount of your gift card does not cover the total Price for the Services you wish to purchase, you will need to pay the remainder of the Price with another payment method, or with another gift card.

6.4  Gift cards are not redeemable for cash and cannot be returned for a cash refund or exchanged. This clause does not seek to limit any rights you may have under any applicable English consumer laws, including the Consumer Rights Act 2015. Gift cards cannot be used to purchase other gift cards.

6.5  Any unused balance will remain as credit on a gift card and is not transferable for a cash payment. Unfortunately, additional values cannot be added to existing gift cards.

7. Our supply of the Services

7.1  In consideration of your payment of the Price, we will provide the Services in accordance with these Terms and all applicable Laws, whether ourselves or through our Personnel.

7.2  We warrant to you that the Services will be provided using reasonable care and skill.

7.3  We will not be responsible for any Services unless expressly set out in the inclusions on the checkout page at the time of placing your order.

8. Cancellations and Rescheduling Your Appointment

Where we may need to cancel

8.1  In the unlikely event that we need to cancel an Appointment due to no fault on your part, such as where our team is unwell or for any other reason, we will aim to provide you with as much reasonable notice as possible. We will work together to find a mutually agreeable alternative date to reschedule your Appointment, subject to availability.

Where you may need to cancel

8.2  If, for any reason, you need to cancel an Appointment with us, we would appreciate you giving us as much notice as you can, and in any event, at least 24 hours’ notice prior to the Appointment by calling or emailing us using the contact details at the beginning of these Terms. You may also use the link to cancel that is sent in the Appointment booking confirmation and reminder emails. You can also reschedule the Appointment for another date and time using this link, subject to availability.

8.3  Where you have purchased a Performance Plan from us, you may cancel your Appointment provided we receive 24 hours’ notice prior to the scheduled date and time. Should you wish to cancel the remainder of your Appointments that form the Performance Plan and where we have taken upfront payment, you will be refunded the Price for any unused Appointments. This is subject to a £15 administration fee.

8.4  If you are more than 15 minutes late to your Appointment and do not contact us in advance to let us know, the Appointment will be considered cancelled by you without notice.

8.5  Where you do not provide us with notice to cancel an Appointment in accordance with clause 8.2, or you are more than 15 minutes late to the Appointment, the Price will constitute the cancellation fee. You acknowledge and agree that this is a genuine pre- estimate of our loss arising as a result of your failure to give us notice of your unavailability, or attend your appointment on time.

Exercising your right to change your mind (Consumer Contracts Regulations 2013)

8.6  You have 14 days after the day you make an Appointment for our Services via the Site, via email, or over the phone to cancel the Services. We agree not to commence the provision of the relevant Services during this cancellation period, unless you make an express request for us to do so. You acknowledge and agree that after you have accepted these Terms, if you instruct us to provide the relevant Services within this cancellation period, this will be taken to be an express request by you, and you will lose your right to cancel if the relevant Services are fully performed by us. If you exercise your right to cancel under this clause 8 you will be liable to pay to us an amount for the relevant Services supplied up to when you inform us that you intend to cancel, which will be proportionate to the full Price for the relevant Services for the Term.

8.7  Tell us you want to cancel these Terms: To exercise your right to cancel these Terms under this clause 8, please let us know by contacting us by email using the email address at the start of these Terms or using the Model Cancellation Form at Attachment 1.

8.8  When your refund will be made: We will make any refunds due to you as soon as possible and within 14 days of your telling us you have changed your mind.

9. Warranties and Representations

9.1  You represent, warrant and agree:

(a)  to comply with these Terms and all applicable Laws;

(b)  that all information and documentation that you provide to us in connection with these Terms is true, correct and complete;

(c)  to comply with our reasonable requests or requirements;

(d)  that you will provide us with all documentation, information (including health and medical information), instructions, cooperation and access reasonably necessary to enable us to provide the Services;

(e)  that you will disclose to us all reasonably necessary medical and health information (including any health conditions and if you are or could be pregnant) and will keep us updated of any changes to your medical and health information during the performance of the Services;

(f)  that you will observe and comply with the Conduct Rules (Attachment 1) at all times during the performance of the Services;

(g)  that you agree to see a healthcare practitioner or your GP for medical advice if ever advised to do so by us;

(h)  that you are solely responsible for making and implementing your own decisions, choices, and actions arising out of or resulting from the Services and your interactions with us;

(i)  the Services are provided solely for your benefit and you will not (or you will not attempt to) disclose, or provide access to the Services to third parties without our prior written consent; and

(j)  that you have not relied on any representations or warranties made by us in relation to the Services (including as to whether the Services are or will be fit or suitable for any particular purposes), unless expressly stipulated in these Terms and without limiting your consumer law rights.

9.2  You agree that if your ability to receive the Services is affected by any illness or any conditions other than what is disclosed to us, you will notify us as soon as possible.

10. Still and Moving Images

10.1  This clause 10 applies to the extent that you have consented to us taking photographs, film, or other pictorial and audio recordings, in any medium during your Appointment and using such Material in accordance with the Consent Form. You grant us permission to take photographs, film, or other pictorial and audio recordings, in any medium during your Appointment (Material). You also acknowledge that by providing us with your consent, you allow us to use, reproduce, publish, communicate or broadcast the Materials, whether altered, enhanced, or combined with other images/text, for purposes including but not limited to: advertising, marketing, informational, promotional, fundraising, commercial, teaching and research purposes. This includes use on websites, social media, third-party sites/blogs, print/digital media, publications, posters or presentations. You understand you can withdraw your consent to future use of the Materials at any time, but not so as to require us to remove images from Materials that have already been produced. You understand this will not affect the lawfulness of any processing carried out by us before you withdraw your consent to use of the Materials, and the images may still appear in printed or electronic material which has already been produced or disseminated. You agree that we own the copyright and related rights in the Material and that you have no right to inspect or approve the finished product that may be used.

10.2  You agree that you will not be paid or receive any benefits or royalties for appearing in the Materials unless otherwise agreed between us.

10.3  You do not object to us storing copies of the Materials for as long as necessary to fulfill the purposes specified in clause 10.1 or to storing your contact details on our database in case we need to contact you.

10.4  You understand you can withdraw your consent to future use of the images at any time, but not so as to require us to remove the Material from any content that has already been produced. You understand that any withdrawal of consent will not affect the lawfulness of any processing carried out by us before you withdraw your consent to use of the Material, and the Material may still appear in any marketing content which has already been produced or disseminated.

11. Intellectual Property

11.1  All intellectual property developed, adapted, modified or created by or on behalf of us or our Personnel, whether before or after the date of acceptance of these Terms, will at all times vest, or remain vested, in us. As between the Parties, any intellectual property created in the provision of the Services will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such intellectual property rights in any new intellectual property and/or improvements to the new intellectual property or our intellectual property do not automatically vest in us, you agree to do all things necessary or desirable to assure our title to such rights.

11.2  Nothing in these Terms constitutes a transfer or assignment of any intellectual property rights.

11.3  This clause 11 will survive termination or expiry of these Terms.

12. Confidential Information and Privacy

12.1  The collection of personal data (including health information) is a necessary part of providing the Services.

12.2  We agree to comply with the Data Protection Act 2018 in the processing of your personal data, and we will handle your personal data in accordance with our privacy policy, available at https://www.dpsportsclinic.co.uk/cookie-and-privacy-policy/.

12.3  Subject to the exclusions set out below, we agree to keep all confidential information (including any personal data and health data) that you share with us in the course of providing the Services, private and confidential, in accordance with our professional and statutory obligations.

12.4  We may be required to disclose the confidential information (including any personal data) you share with us in the course of providing our Services where:

(a)  your parent or guardian has a legal right to access the confidential information;

(b)  you provide us with consent to disclose the confidential information to a third party (for example, another healthcare practitioner, lawyer, family member, or other third party you consent to);

(c)  where we are legally required to disclose the confidential information by Law or by a regulatory authority, including under subpoena, or by the rules of any listing authority or stock exchange on which the Receiving Party’s shares are listed or traded;

(d)  we form the reasonable belief that there is an immediate or specific risk of harm (to life, health, or safety) to you or another identifiable person or persons that can be avoided only by disclosing the confidential information.

12.5  This clause 12 will survive the termination of these Terms.

13. Limitations on and exclusions to our liability

13.1  Neither Party may benefit from the limitations and exclusions set out in this clause 13 in respect of any liability arising from its deliberate default.

13.2  The restrictions on liability in this clause 13 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

13.3  Nothing in these Terms limits any liability which cannot legally be limited, including liability for:

(a)  death or personal injury caused by negligence;

(b)  fraud or fraudulent misrepresentation;

(c)  breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and

(d)  defective products under the Consumer Protection Act 1987.

13.4  Subject to clauses 13.1 (no limitation in respect of deliberate default), and 13.2 (liability which cannot legally be limited), but despite anything else to the contrary, to the maximum extent permitted by law:

(a)  we only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;

(b)  a Party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss;

(c)  if either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms; and

(d)  to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any liability to the extent directly caused by:

1. 1. 1. you failing to provide us with correct and complete current health and medical information; and
      2. your failure to follow any reasonable instructions provided by us.

13.5  We have given commitments as to the compliance of the Services with these Terms and applicable Laws in clause 6.5. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.

13.6  This clause 13 will survive the termination or expiry of these Terms.

14. Termination
14.1 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

1. (a)  the other Party (Defaulting Party) breaches a material provision of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

2. (b)  the Defaulting Party is unable to pay its debts as they fall due.

14.2  Upon expiry or termination of these Terms:

(a)  we will immediately cease providing the Services and cancel all Appointments;

(b)  by you under clause 14.1, we agree to refund you any unused portion of the Price on a pro-rata basis; and

(c)  we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on expiry or termination of these Terms.

14.3  Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

14.4  This clause 14 will survive the termination or expiry of these Terms.

15. General

15.1  Amendment: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

15.2  Assignment: Subject to clause 15.3, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

15.3  Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

15.4  Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

15.5  Disputes: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

15.6  Entire agreement: Subject to your consumer law rights, these Terms contain the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersede and extinguish all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, whether written or oral, in respect of its subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

15.7  Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

(a)  as soon as reasonably practical, notifies the other Party in writing of the details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and

(b)  uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

15.8  Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

15.9  Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

15.10  Publicity: With your prior written consent, You agree that we may advertise or publicise the broad nature of our supply of the Services to you, including on our website or in our promotional material.

15.11  Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. If any provision or part-provision of these Terms is deemed deleted under this clause 15.3, the Parties will negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

15.12  Third party sites: The Site may contain links to website operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked on the Site, such third party provides the products to you, not us.

16. Definitions

Business Day means a day on which banks are open for general banking business in England and Wales, excluding Saturdays, Sundays and bank holidays.

Consent Form means the consent form you are required to complete at or prior to your Appointment, in order for us to provide you with our Services.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID- 19 and any variations or mutations to this disease or illness) or epidemic.

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Products.

Personnel means, in respect of us, any of our employees, consultants, suppliers, subcontractors or agents.
Premises means our clinic at DP Sports Performance & Injury Clinic, Unit 14, Menin Works, Mitcham, CR4 3HG, at which we have agreed to deliver the Services.

17. Interpretation

In these Terms, unless the context otherwise requires:

(a)  a reference to these Terms or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;

(b)  a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;

(c)  a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;

(d)  no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;

(e)  a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;

(f)  a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;

(g)  any obligation on a Party not to do something includes an obligation not to allow that thing to be done;

(h)  a reference to time is to local time in London; and

(i)  a reference to £ or pounds refers to the currency of the United Kingdom from time to time.

ATTACHMENT 1 – CONDUCT RULES

You acknowledge and agree that you will, at all times:

(a)  refrain from causing disruption to others at our Premises;

(b)  refrain from using a camera or any other recording device whilst at our Premises;

(c)  refrain from providing any third-party with access to the Services without our prior written consent;

(d)  not be under the influence of alcohol or drugs when in our Premises or when participating in the Services;

(e)  not engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonably opinion, create a risk of injury to your or a third party;

(f)  not use our gym equipment in a way that is reckless, foolish, negligent or in any other unreasonable manner, which may, cause a risk of injury to you, our equipment and Premises, or a third party;

(g)  respect all Personnel, fellow members, equipment and Premises;

(h)  follow the prescribed exercises strictly as per the instructions provided after Appointments;

(i)  wear suitable clothing at all times when using the Services;

(j)  remain solely responsible for all and any activities that you undertake through the use of the Services; and

(k)  observe any applicable house rules or conditions that are introduced or otherwise communicated by us, from time to time.

ATTACHMENT 2 – MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),

Date [*] Delete as appropriate

© Crown copyright 2013.