TERMS &
CONDITIONS
These are the terms and conditions for participating and being a part of NOEXCUSES.CO
1.1 Please read these terms and conditions carefully before you apply for NOEXCUSES.CO registration under clause 5 or purchase any NOEXCUSES.CO class or package of classes under clause 6.
1.2 These terms tell you who NOEXCUSES.CO is, how to register, how to purchase classes or packages of classes, how classes are taken, how a class that has been purchased may be changed or cancelled, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions please contact NOEXCUSES.CO to discuss.
2 Information about NOEXCUSES.CO and how to contact us
2.1 NOEXCUSES.CO is a trading name of Kallon Training. Our registered VAT number is 37489786
2.2 Unless otherwise provided for in these terms and conditions, you can contact NOEXCUSES.CO by emailing at hello@kallontraining.com
2.3 Unless otherwise provided for in these terms and conditions, if NOEXCUSES.CO has to contact you it will do so by telephone, email or post at the contact telephone number, email address and postal address you provide to us.
3 Health and safety of paramount importance
3.1 Although the objective of NOEXCUSES.CO is develop the physical and mental health and wellbeing of its clients, the health and safety of each client is of paramount importance, and in consequence these terms and conditions shall be interpreted and applied accordingly.
3.2 To protect the health and safety of each client it is important that both NOEXCUSES.CO and all clients follow and comply with these terms and conditions, and at all times whilst participating in classes clients must have regard to not only their own health and safety but also the health and safety of other participating clients, NOEXCUSES.CO staff and other persons for the time being present.
4 Application for NOEXCUSES.CO registration
4.1 No person may participate in any NOEXCUSES.CO class unless he or she has registered with NOEXCUSES.CO.
4.2 Children and young persons under the age of 16 years are not permitted to participate in any NOEXCUSES.CO class, and accordingly are not eligible for registration. NOEXCUSES.CO may require proof of age from any applicant for registration.
4.3 NOEXCUSES.CO may at any time require any person who has attained the age of 16 years but who is under the age of 18 years to produce a written parental consent in such form as NOEXCUSES.CO may from time to time require before they apply for registration or are permitted to participate in any NOEXCUSES.CO class.
4.4 A person may only apply for, and hold, one registration with NOEXCUSES.CO at any given time.
4.5 A person may apply for registration by completing and submitting a NOEXCUSES.CO Personal Details Form and a potential Health Questionnaire.
4.6 The Personal Details Form must be completed and submitted by the applicant and not by any other person (save to the extent necessary to overcome a disability of the applicant), all the personal details required must be provided, and the details provided must be accurate.
4.7 The Health Questionnaire must be completed and submitted by the applicant and not by any other person (save to the extent necessary to overcome a disability of the applicant), all the health questions asked must be answered, the answers must be complete and accurate and not misleading, and the applicant must voluntarily disclose all other information relating to his or her physical or mental health or wellbeing which is or may be relevant to him or her participating in any NOEXCUSES.CO class, other clients participating in the class, NOEXCUSES.CO staff, or any other person for the time being present. In particular, but without prejudice to the foregoing, pregnant applicants must disclose their pregnancy.
4.8 The duly completed Personal Details Form and Health Questionnaire must be submitted online through the NOEXCUSES.CO website. For the avoidance of doubt, a person may not apply for registration by email or over the telephone.
4.9 Without prejudice to the foregoing provisions of clause 4, the applicant shall provide such further information relating to his or her personal details or physical or mental health or wellbeing as NOEXCUSES.CO may from time to time reasonably request.
4.10 If at any time after submission any of the content of the duly completed Personal Details Form, or any of the content of the duly completed Health Questionnaire, or any of the further information provided under clause 4.9, changes or is discovered to be incorrect, the applicant must as soon possible give to NOEXCUSES.CO written notification of the change or correction online through the NOEXCUSES.CO website or by hand to any NOEXCUSES.CO trainer, quoting any reference number that NOEXCUSES.CO may have assigned to the application. In particular, but without prejudice to the foregoing, pregnant applicants must disclose their pregnancy. For the avoidance of doubt, such notifications may not be given by email or over the telephone. Thereafter the applicant shall provide such further information relating to the change or correction as NOEXCUSES.CO may reasonably request.
4.11 NOEXCUSES.CO may refuse an application for registration if it has reason to believe:(a) the applicant is under the age of 16 years; or(b) the applicant is a person who has attained the age of 16 years but who is under the age of 18 years and the application is not accompanied by the required written parental consent; or(c) the applicant has one or more other applications for registration outstanding; or(d) the Personal Details Form has not been properly completed and submitted or any of its content has or may have changed or is or may be incorrect or inaccurate; or(e) the Health Questionnaire has not been properly completed and submitted or any of its content has or may have changed or is or may be incorrect; or(f) any further information requested under clauses 4.9 or 4.10 has not been properly provided; or(g) having regard to the content of the duly completed and submitted Personal Details Form (as the same may have been properly changed or corrected), the content of the duly completed and submitted Health Questionnaire (as the same may have been properly changed or corrected), any further information provided under clauses 4.9 and 4.10, and any other relevant information then known to NOEXCUSES.CO, any participation in any NOEXCUSES.CO class would or could be a risk to the health or safety of the applicant, other clients participating in the class, NOEXCUSES.CO staff, or any other person for the time being present; or(h) the registration of that person, or the participation of that person in any NOEXCUSES.CO class, would or could prejudice or harm NOEXCUSES.CO or its business or affairs or any of its other clients, workers, contractors, agents or representatives.
4.12 If NOEXCUSES.CO refuses an application for registration it will as soon as practicable notify the applicant of the refusal and the reason for it. There is no right of appeal against a refusal, but a refusal does not prevent further applications for NOEXCUSES.CO registration. 4.13 Following notification of the refusal, any contract between NOEXCUSES.CO and the applicant shall terminate, save that any provision of these terms and conditions that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect. 4.14 If NOEXCUSES.CO accepts an application for registration it will as soon as practicable notify the applicant of the acceptance, and the following provisions of these terms and conditions shall apply.
5 NOEXCUSES.CO registration
5.1 Following notification of the acceptance of an application for registration, NOEXCUSES.CO will provide the client with a username and an initial password which will enable the client to log in to the NOEXCUSES.CO website. Once logged in the client may change the password as he or she wishes. The client must at all times keep his or her password secure and confidential.
5.2 If at any time after registration any the content of the duly completed Personal Details Form (as the same may have been properly changed or corrected), or the content of the duly completed Health Questionnaire (as the same may have been properly changed or corrected), or any further information provided under clauses 4.9 or 4.10, changes or is discovered to be incorrect, the client must as soon possible give to NOEXCUSES.CO written notification of the change or correction online through the NOEXCUSES.CO website or by hand to any NOEXCUSES.CO Outdoor reception, quoting his or her NOEXCUSES.CO website username. For the avoidance of doubt, such notifications may not be given by email or over the telephone. Thereafter the client shall provide such further information relating to the change or correction as NOEXCUSES.CO may reasonably request.
5.3 NOEXCUSES.CO may at any time cancel any registration if it has reason to believe:(a) the client is under the age of 16 years; or(b) the client is a person who has attained the age of 16 years but who is under the age of 18 years and the registration is not supported by the required written parental consent, or any such consent has been revoked; or(c) the client holds more than one registration; or(d) the Personal Details Form or the Health Questionnaire was not properly completed and submitted; or(e) any further information requested under clauses 4.9 was not properly provided; or(f) the client has failed to give proper notification of any changes or corrections under clause 4.10, or any further information requested under that clause has not been properly provided; or(g) the client has failed to give proper notification of any changes or corrections under clause 5.2, or any further information requested under that clause has not been properly provided; or(h) having regard to the content of the duly completed and submitted Personal Details Form (as the same may have been properly changed or corrected), the content of the duly completed and submitted Health Questionnaire (as the same may have been properly changed or corrected), any further information provided under clause 4.9, any further information provided under clauses 4.10 and 5.2, and any other relevant information then known to NOEXCUSES.CO, any participation in any NOEXCUSES.CO class would or could be a risk to the health or safety of the client, other clients participating in the class, NOEXCUSES.CO staff, or any other person for the time being present; or(i) the continuing registration of the client, or the participation of the client in any NOEXCUSES.CO class, would or could prejudice or harm NOEXCUSES.CO or its business or affairs or any of its other clients, workers, contractors, agents or representatives; or (j) the client has no intention of attending any NOEXCUSES.CO classes, and where the client has failed to participate in any NOEXCUSES.CO class within any 12-month period NOEXCUSES.CO will be entitled to presume such an intention.
5.4 If NOEXCUSES.CO cancels a registration it will as soon as practicable notify the client of the cancellation and the reason for it. There is no right of appeal against a cancellation, but a cancellation does not prevent further applications for NOEXCUSES.CO registration.
5.5 A client may cancel his or her registration by giving to NOEXCUSES.CO not less than 7 days' written notice specifying a cancellation date by post using any of the letter services for the time being addressed to the postal address set out in clause 2.2 or by hand to any NOEXCUSES.CO Outdoor reception, quoting his or her NOEXCUSES.CO website username. For the avoidance of doubt, a client may not cancel his or her registration by email or over the telephone.
5.6 Following cancellation of a registration, any contract between NOEXCUSES.CO and the applicant shall terminate, save that any provision of these terms and conditions that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect. For the avoidance of doubt, the client will not be permitted to participate in any NOEXCUSES.CO classes after cancellation.
5.7 Following cancellation of a registration, NOEXCUSES.CO will refund any monies paid by the client on account of any classes taking place after cancellation and in which the client has not participated LESS a cancellation charge equal to 50% of such monies (which the client acknowledges represents a genuine pre-estimate of the loss that NOEXCUSES.CO will incur as a result of the cancellation). For example, if a package of 10 classes costs DKK 1500 and registration is cancelled after 5 classes, then the client will receive a refund of DKK 375 calculated as follows: 1500 x 5/10 = 750 (50% x 750) = 375. 6 Purchase of NOEXCUSES.CO classes
6.1 From time to time NOEXCUSES.CO will advertise and market NOEXCUSES.CO classes and packages of classes describing each class or package and specifying the venue, date, start time, duration and price. In the advertising and marketing material any images relating to a class are for illustrative purposes only. NOEXCUSES.CO may from time to time offer certain classes or packages on certain terms to certain groups, and in particular, but without prejudice to the foregoing, may offer special introductory offers to new clients, which for the avoidance of doubt may not be available to existing clients or clients who for whatever reason have at any time cancelled their registration and re-registered with NOEXCUSES.CO.
6.2 From time to time NOEXCUSES.CO may need to make minor changes to classes or packages of classes to reflect changes in law and to implement improvements to class content.
6.3 Once registered with NOEXCUSES.CO a client may purchase any class or package of classes, or any other person may purchase any class or package of classes in the name of and for the client. Purchases will be recorded in the NOEXCUSES.CO website username of the client. For the avoidance of doubt, no person may participate in any class unless he or she is registered with NOEXCUSES.CO at the time of the class.
6.4 Purchases of classes or packages of classes may be made online through the NOEXCUSES.CO website, by telephone to the relevant NOEXCUSES.CO number, or in person at any NOEXCUSES.CO Outdoor reception, and must be paid for in full by credit or debit card or cash at the time of purchase. For the avoidance of doubt, purchases may not be made by email.
6.5 Once a purchase has been made for a client using a credit or debit card NOEXCUSES.CO will record and keep the details of that card for use in future purchases. If the client does not wish for such details to be recorded and kept in this way, or wishes to make a particular purchase using a different credit or debit card or cash, he or she must notify NOEXCUSES.CO of this fact at the time of purchase.
6.6 A purchase of a class or a package of classes does not guarantee that the client will be able to attend any particular class. Classes are filled on a "first come first served" basis, and if a particular class is full or otherwise not available the cost of that class will be held to the credit of the client to be applied to another class to be selected by the client (subject to availability).
6.7 Following a purchase of a class or a package of classes NOEXCUSES.CO will send to the client an email either:(a) confirming the availability of each class purchased and the date, time and place of that class; or(b) where a particular class is full or otherwise not available, stating this fact and confirming that the cost of that class will be held to his or her credit for application to another class to be selected by the client (subject to availability).If the client does not have access to emails NOEXCUSES.CO will upon request give such confirmations and statements by telephone. If the client does not have access to either emails or telephone then he or she must attend at any NOEXCUSES.CO Outdoor reception to be given such confirmations and statements in person.
6.8 If NOEXCUSES.CO has notified the client that a particular class is full or otherwise not available, the client will be added to a "waiting list" if he or she requests this online through the NOEXCUSES.CO website, by telephone to the relevant NOEXCUSES.CO number, or in person at any NOEXCUSES.CO Outdoor reception, quoting his or her NOEXCUSES.CO website username. For the avoidance of doubt, such requests may not be made by email. Once on the waiting list NOEXCUSES.CO may at any time up to 24 hours before the class start time send to the client an email notifying him or her that the class has become available and confirming the date, time and place of the class. If the client does not have access to emails NOEXCUSES.CO will upon request give such notification and confirmation by telephone. If the client does not have access to either emails or telephone then he or she must attend at any NOEXCUSES.CO Outdoor reception to be given such notification and confirmation in person. If no such notification is given during such period the class shall be deemed to be full or otherwise not available to the client. NOEXCUSES.CO will not disclose any waiting list positions or updates. For the avoidance of doubt, the class cancellation provisions of clause 6.10 still apply where the client is on a waiting list.
6.9 From time to time for various reasons beyond its control, such as injury or illness to a trainer or the unavailability of a venue or studio, NOEXCUSES.CO may need to cancel a class that a client is due to attend. Not less than 24 hours before the class start time NOEXCUSES.CO will send to the client an email notifying him or her of the cancellation and confirming that the cost of that class will be held to his or her credit for application to another class to be selected by the client (subject to availability). If the client does not have access to emails NOEXCUSES.CO will upon request give such notification and confirmation by telephone. If the client does not have access to either emails or telephone then he or she must attend at any NOEXCUSES.CO Outdoor reception to be given such notification and confirmation in person.
6.10 A client may cancel any particular class that he or she is due to attend if not less than 24 hours before the class start time he or she gives to NOEXCUSES.CO, in person at any NOEXCUSES.CO Outdoor reception or over the telephone, quoting his or her NOEXCUSES.CO account details. For the avoidance of doubt, such notifications may not be given by email. Following cancellation in accordance with clause 6.10 NOEXCUSES.CO will hold the cost of the cancelled class to the credit of the client and apply that credit to another class to be selected by the client (subject to availability).
6.11 If a client fails to attend a particular class that he or she is due to attend, and has not cancelled that class in accordance with clause 6.10, NOEXCUSES.CO may (but is not obliged to) hold the cost of that class to the credit of the client and apply that credit to another class to be selected by the client (subject to availability). For the avoidance of doubt, if it is decided not to credit the client, the client will not be entitled to any refund of any of the cost of the class or any other compensation.
6.12 Where NOEXCUSES.CO holds any money to the credit of the client for more than 12 months or such other period as may be specified in the advertising or marketing of the relevant class or package of classes, the money will be deemed to have been spent by the client with NOEXCUSES.CO, and the client will not be entitled to any refund of any of the cost of the class or any other compensation.
6.13 When purchasing a NOEXCUSES.CO Membership (Monthly, 3-Month or Annual) NOEXCUSES.CO will charge you the stated fee per month for the duration of your contract on the date purchased. NOEXCUSES.CO will not accept any cancellations or offer any refunds once the Membership has been activated by your first class taken on that package. NOEXCUSES.CO may allow your membership to be temporarily frozen if a Doctor's note is provided only. 6.14 NOEXCUSES.CO 30-Day Packages cannot be extended or cancelled once the package is activited by first class taken on the package.
7 Participation in NOEXCUSES.CO classes
7.1 Clients due to participate in a class must arrive at the scheduled venue in good time and be present at the relevant studio ready for participation in the class not later than 5 minutes before the scheduled start time. This is required to enable the trainer to properly induct participating clients before the start of the class. Late arrivals necessarily disrupt the induction process and the participation of other clients in the class. Where a client is not present at the relevant studio and ready for participation in the class 5 minutes before the scheduled start time he or she will be excluded from that class. If the client is excluded under this clause 7.1 he or she shall be deemed to have failed to attend the class and the provisions of clause 6.11 shall apply.
7.2 Upon arrival a client must report to the NOEXCUSES.CO reception and provide such evidence of identification as the NOEXCUSES.CO staff may reasonably request. NOEXCUSES.CO reserves the right exclude from the class any person who staff are unable to verify as the client for whom the class was purchased. If a person is excluded under this clause 7.2, the client will not be entitled to any refund of any of the cost of the class or any other compensation.
7.3 Without prejudice to any of the provisions of clauses 4 and 5, upon arrival a client must voluntarily disclose to the NOEXCUSES.CO reception and the trainer taking the class all information relating to his or her physical or mental health or wellbeing which is or may be relevant to him or her participating in the class, other clients participating in the class, NOEXCUSES.CO staff, or any other person for the time being present. In particular, but without prejudice to the foregoing, pregnant clients must disclose their pregnancy. If the NOEXCUSES.CO reception or the trainer has reason to believe that the client has not properly disclosed all such information, or that any participation in the class would or could be a risk to the health and safety of the client, other clients participating in the class, NOEXCUSES.CO staff, or any other person for the time being present, he or she will not be permitted participate. If participation is not permitted under this clause
7.3, the client will not be entitled to any refund of any of the cost of the class or any other compensation, but NOEXCUSES.CO may (but is not obliged to) hold the cost of that class to the credit of the client and apply that credit to another class to be selected by the client (subject to availability).
7.4 A client must ensure that he or she wears clothing and footwear appropriate to the class in which he or she is participating, and avoids unsuitable jewellery or other accessories. If the trainer taking the class has reason to believe that any item of clothing or footwear is inappropriate, or any item of jewellery or other accessory is unsuitable, the client will be required to change or remove such item. If the client fails to comply with such a requirement the trainer may require the client to stop all further participation or limit or restrict any further participation as the trainer considers necessary to protect the health and safety of the client, other clients participating in the class, NOEXCUSES.CO staff, and any other person for the time being present. If further participation is stopped or limited or restricted under this clause 7.4, the client will not be entitled to any refund of any of the cost of the class or any other compensation.
7.5 Clients should avoid taking any food or drink into a class, or consuming any food or drink during participation (other than water or appropriate energy drinks to the extent necessary for rehydration and as required for a medical condition).
7.6 If at any time during participation in a class a client suffers any injury or illness (however minor), the client must immediately disclose this fact to the trainer taking the class. Thereafter the client shall provide such further information relating to the injury or illness as the trainer may reasonably request. If the trainer has reason to believe that the client has any injury or illness which with any further participation would or could be a risk to the health and safety of the client, other clients participating in the class, NOEXCUSES.CO staff, or any other person for the time being present, the trainer may require the client to stop all further participation or limit or restrict any further participation as the trainer considers necessary to avoid such risk. If further participation is stopped or limited or restricted under this clause 7.7, the client will not be entitled to any refund of any of the cost of the class or any other compensation, but NOEXCUSES.CO may (but is not obliged to) hold the cost of that class to the credit of the client and apply that credit to another class to be selected by the client (subject to availability).
7.7 At the end of a class clients should promptly vacate the studio, taking with them all of their personal belongings and effects.
7.8 Without prejudice to the foregoing provisions of clause 7, at all times during participation in a class a client must not do or omit to do any act or thing which:(a) would or could put at risk his or her own health or safety or the health or safety of any other client participating in the class, or the trainer taking the class, or other NOEXCUSES.CO staff, or any other person for the time being present; or(b) would or could cause any distress, disruption or annoyance to any other client participating in the class, or the trainer taking the class, or other NOEXCUSES.CO staff, or any other person for the time being present; or(c) would or could frustrate or interfere with the class or any activities taking place in the class.If the trainer taking the class has reason to believe that the client is doing or omitting to do any such act or thing, the client will be required to stop doing or omitting to do that act or thing. If the client fails to comply with any such requirement the trainer may require the client to stop all further participation or limit or restrict any further participation as the trainer considers necessary to protect such health and safety, to avoid such distress, disruption and annoyance and to avoid such frustration and interference. If further participation is stopped or limited or restricted under this clause 7.8, the client will not be entitled to any refund of any of the cost of the class or any other compensation.
7.9 Without prejudice to the foregoing provisions of clause 7, at all times during participation in a class a client must do all such acts and things, and comply with all such directions and instructions, which the trainer taking the class considers necessary to protect the health and safety of the client, other clients participating in the class, NOEXCUSES.CO staff, and any other person for the time being present. If the client fails to do any such thing, or comply with any such direction or instruction, the trainer may require the client to stop all further participation or limit or restrict any further participation as the trainer considers necessary to ensure such protection. If further participation is stopped or limited or restricted under this clause 7.10, the client will not be entitled to any refund of any of the cost of the class or any other compensation.
8 Your right to change your mind Where you have purchased a class or a package of classes online, you have a legal right to change your mind within 14 days of the date the purchase is confirmed, and to receive a refund for the cost of that class or package of classes. However, once you have attended a class/package you cannot change your mind for that class/package, even if the 14-day period is still running. Summary of key legal rights
9 How NOEXCUSES.CO may use your personal information
9.1 NOEXCUSES.CO will use the personal information you provide in connection with your registration, your purchase of classes and packages of classes, your attendance at classes, and to inform you about our cardio and strength workouts and associated products. You may stop receiving information at any time by contacting us to request this.
9.2 NOEXCUSES.CO will only give your personal information to third parties where the law either requires or allows us to do so.
10 Other important terms
10.1 If NOEXCUSES.CO fails to comply with these terms and conditions, it will be responsible for any loss or damage you suffer that is a foreseeable result of it breaking its contract with you or it failing to use reasonable care and skill, but NOEXCUSES.CO will not be 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, at the time the contract was made, both NOEXCUSES.CO and you knew it might happen.
10.2 NOEXCUSES.CO may transfer its rights and obligations under these terms and conditions to another organisation. NOEXCUSES.CO will always tell you in writing if this happens, and it will ensure that the transfer will not affect your rights under the contract.
10.3 You may only transfer your rights or your obligations under these terms and conditions to another person if NOEXCUSES.CO agrees to this in writing.
10.4 The contract is between NOEXCUSES.CO and you, and no other person will have any rights to enforce any of its terms.
10.5 If a court finds part of the contract is illegal, the rest will continue in force. Each clause of these terms and conditions operates separately. If any court or relevant authority decides that any clause is unlawful, the remaining clauses will remain in full force and effect.
10.6 Even if NOEXCUSES.CO delays in enforcing the contract, it can still take enforcement action later. If NOEXCUSES.CO does not insist immediately that you do anything you are required to do under these terms and conditions, or if NOEXCUSES.CO delays in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and will not prevent NOEXCUSES.CO taking steps against you at a later date.
11 Referral Programme terms
11.1 If available; a referral link must be used by new sign-ups in order for the referrer to receive NOEXCUSES.CO credit. Referral credit cannot be added retrospectively or back-dated to any previous sign-up.
11.2 Referral credit cannot be exchanged for cash.
1.2 These terms tell you who NOEXCUSES.CO is, how to register, how to purchase classes or packages of classes, how classes are taken, how a class that has been purchased may be changed or cancelled, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions please contact NOEXCUSES.CO to discuss.
2 Information about NOEXCUSES.CO and how to contact us
2.1 NOEXCUSES.CO is a trading name of Kallon Training. Our registered VAT number is 37489786
2.2 Unless otherwise provided for in these terms and conditions, you can contact NOEXCUSES.CO by emailing at hello@kallontraining.com
2.3 Unless otherwise provided for in these terms and conditions, if NOEXCUSES.CO has to contact you it will do so by telephone, email or post at the contact telephone number, email address and postal address you provide to us.
3 Health and safety of paramount importance
3.1 Although the objective of NOEXCUSES.CO is develop the physical and mental health and wellbeing of its clients, the health and safety of each client is of paramount importance, and in consequence these terms and conditions shall be interpreted and applied accordingly.
3.2 To protect the health and safety of each client it is important that both NOEXCUSES.CO and all clients follow and comply with these terms and conditions, and at all times whilst participating in classes clients must have regard to not only their own health and safety but also the health and safety of other participating clients, NOEXCUSES.CO staff and other persons for the time being present.
4 Application for NOEXCUSES.CO registration
4.1 No person may participate in any NOEXCUSES.CO class unless he or she has registered with NOEXCUSES.CO.
4.2 Children and young persons under the age of 16 years are not permitted to participate in any NOEXCUSES.CO class, and accordingly are not eligible for registration. NOEXCUSES.CO may require proof of age from any applicant for registration.
4.3 NOEXCUSES.CO may at any time require any person who has attained the age of 16 years but who is under the age of 18 years to produce a written parental consent in such form as NOEXCUSES.CO may from time to time require before they apply for registration or are permitted to participate in any NOEXCUSES.CO class.
4.4 A person may only apply for, and hold, one registration with NOEXCUSES.CO at any given time.
4.5 A person may apply for registration by completing and submitting a NOEXCUSES.CO Personal Details Form and a potential Health Questionnaire.
4.6 The Personal Details Form must be completed and submitted by the applicant and not by any other person (save to the extent necessary to overcome a disability of the applicant), all the personal details required must be provided, and the details provided must be accurate.
4.7 The Health Questionnaire must be completed and submitted by the applicant and not by any other person (save to the extent necessary to overcome a disability of the applicant), all the health questions asked must be answered, the answers must be complete and accurate and not misleading, and the applicant must voluntarily disclose all other information relating to his or her physical or mental health or wellbeing which is or may be relevant to him or her participating in any NOEXCUSES.CO class, other clients participating in the class, NOEXCUSES.CO staff, or any other person for the time being present. In particular, but without prejudice to the foregoing, pregnant applicants must disclose their pregnancy.
4.8 The duly completed Personal Details Form and Health Questionnaire must be submitted online through the NOEXCUSES.CO website. For the avoidance of doubt, a person may not apply for registration by email or over the telephone.
4.9 Without prejudice to the foregoing provisions of clause 4, the applicant shall provide such further information relating to his or her personal details or physical or mental health or wellbeing as NOEXCUSES.CO may from time to time reasonably request.
4.10 If at any time after submission any of the content of the duly completed Personal Details Form, or any of the content of the duly completed Health Questionnaire, or any of the further information provided under clause 4.9, changes or is discovered to be incorrect, the applicant must as soon possible give to NOEXCUSES.CO written notification of the change or correction online through the NOEXCUSES.CO website or by hand to any NOEXCUSES.CO trainer, quoting any reference number that NOEXCUSES.CO may have assigned to the application. In particular, but without prejudice to the foregoing, pregnant applicants must disclose their pregnancy. For the avoidance of doubt, such notifications may not be given by email or over the telephone. Thereafter the applicant shall provide such further information relating to the change or correction as NOEXCUSES.CO may reasonably request.
4.11 NOEXCUSES.CO may refuse an application for registration if it has reason to believe:(a) the applicant is under the age of 16 years; or(b) the applicant is a person who has attained the age of 16 years but who is under the age of 18 years and the application is not accompanied by the required written parental consent; or(c) the applicant has one or more other applications for registration outstanding; or(d) the Personal Details Form has not been properly completed and submitted or any of its content has or may have changed or is or may be incorrect or inaccurate; or(e) the Health Questionnaire has not been properly completed and submitted or any of its content has or may have changed or is or may be incorrect; or(f) any further information requested under clauses 4.9 or 4.10 has not been properly provided; or(g) having regard to the content of the duly completed and submitted Personal Details Form (as the same may have been properly changed or corrected), the content of the duly completed and submitted Health Questionnaire (as the same may have been properly changed or corrected), any further information provided under clauses 4.9 and 4.10, and any other relevant information then known to NOEXCUSES.CO, any participation in any NOEXCUSES.CO class would or could be a risk to the health or safety of the applicant, other clients participating in the class, NOEXCUSES.CO staff, or any other person for the time being present; or(h) the registration of that person, or the participation of that person in any NOEXCUSES.CO class, would or could prejudice or harm NOEXCUSES.CO or its business or affairs or any of its other clients, workers, contractors, agents or representatives.
4.12 If NOEXCUSES.CO refuses an application for registration it will as soon as practicable notify the applicant of the refusal and the reason for it. There is no right of appeal against a refusal, but a refusal does not prevent further applications for NOEXCUSES.CO registration. 4.13 Following notification of the refusal, any contract between NOEXCUSES.CO and the applicant shall terminate, save that any provision of these terms and conditions that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect. 4.14 If NOEXCUSES.CO accepts an application for registration it will as soon as practicable notify the applicant of the acceptance, and the following provisions of these terms and conditions shall apply.
5 NOEXCUSES.CO registration
5.1 Following notification of the acceptance of an application for registration, NOEXCUSES.CO will provide the client with a username and an initial password which will enable the client to log in to the NOEXCUSES.CO website. Once logged in the client may change the password as he or she wishes. The client must at all times keep his or her password secure and confidential.
5.2 If at any time after registration any the content of the duly completed Personal Details Form (as the same may have been properly changed or corrected), or the content of the duly completed Health Questionnaire (as the same may have been properly changed or corrected), or any further information provided under clauses 4.9 or 4.10, changes or is discovered to be incorrect, the client must as soon possible give to NOEXCUSES.CO written notification of the change or correction online through the NOEXCUSES.CO website or by hand to any NOEXCUSES.CO Outdoor reception, quoting his or her NOEXCUSES.CO website username. For the avoidance of doubt, such notifications may not be given by email or over the telephone. Thereafter the client shall provide such further information relating to the change or correction as NOEXCUSES.CO may reasonably request.
5.3 NOEXCUSES.CO may at any time cancel any registration if it has reason to believe:(a) the client is under the age of 16 years; or(b) the client is a person who has attained the age of 16 years but who is under the age of 18 years and the registration is not supported by the required written parental consent, or any such consent has been revoked; or(c) the client holds more than one registration; or(d) the Personal Details Form or the Health Questionnaire was not properly completed and submitted; or(e) any further information requested under clauses 4.9 was not properly provided; or(f) the client has failed to give proper notification of any changes or corrections under clause 4.10, or any further information requested under that clause has not been properly provided; or(g) the client has failed to give proper notification of any changes or corrections under clause 5.2, or any further information requested under that clause has not been properly provided; or(h) having regard to the content of the duly completed and submitted Personal Details Form (as the same may have been properly changed or corrected), the content of the duly completed and submitted Health Questionnaire (as the same may have been properly changed or corrected), any further information provided under clause 4.9, any further information provided under clauses 4.10 and 5.2, and any other relevant information then known to NOEXCUSES.CO, any participation in any NOEXCUSES.CO class would or could be a risk to the health or safety of the client, other clients participating in the class, NOEXCUSES.CO staff, or any other person for the time being present; or(i) the continuing registration of the client, or the participation of the client in any NOEXCUSES.CO class, would or could prejudice or harm NOEXCUSES.CO or its business or affairs or any of its other clients, workers, contractors, agents or representatives; or (j) the client has no intention of attending any NOEXCUSES.CO classes, and where the client has failed to participate in any NOEXCUSES.CO class within any 12-month period NOEXCUSES.CO will be entitled to presume such an intention.
5.4 If NOEXCUSES.CO cancels a registration it will as soon as practicable notify the client of the cancellation and the reason for it. There is no right of appeal against a cancellation, but a cancellation does not prevent further applications for NOEXCUSES.CO registration.
5.5 A client may cancel his or her registration by giving to NOEXCUSES.CO not less than 7 days' written notice specifying a cancellation date by post using any of the letter services for the time being addressed to the postal address set out in clause 2.2 or by hand to any NOEXCUSES.CO Outdoor reception, quoting his or her NOEXCUSES.CO website username. For the avoidance of doubt, a client may not cancel his or her registration by email or over the telephone.
5.6 Following cancellation of a registration, any contract between NOEXCUSES.CO and the applicant shall terminate, save that any provision of these terms and conditions that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect. For the avoidance of doubt, the client will not be permitted to participate in any NOEXCUSES.CO classes after cancellation.
5.7 Following cancellation of a registration, NOEXCUSES.CO will refund any monies paid by the client on account of any classes taking place after cancellation and in which the client has not participated LESS a cancellation charge equal to 50% of such monies (which the client acknowledges represents a genuine pre-estimate of the loss that NOEXCUSES.CO will incur as a result of the cancellation). For example, if a package of 10 classes costs DKK 1500 and registration is cancelled after 5 classes, then the client will receive a refund of DKK 375 calculated as follows: 1500 x 5/10 = 750 (50% x 750) = 375. 6 Purchase of NOEXCUSES.CO classes
6.1 From time to time NOEXCUSES.CO will advertise and market NOEXCUSES.CO classes and packages of classes describing each class or package and specifying the venue, date, start time, duration and price. In the advertising and marketing material any images relating to a class are for illustrative purposes only. NOEXCUSES.CO may from time to time offer certain classes or packages on certain terms to certain groups, and in particular, but without prejudice to the foregoing, may offer special introductory offers to new clients, which for the avoidance of doubt may not be available to existing clients or clients who for whatever reason have at any time cancelled their registration and re-registered with NOEXCUSES.CO.
6.2 From time to time NOEXCUSES.CO may need to make minor changes to classes or packages of classes to reflect changes in law and to implement improvements to class content.
6.3 Once registered with NOEXCUSES.CO a client may purchase any class or package of classes, or any other person may purchase any class or package of classes in the name of and for the client. Purchases will be recorded in the NOEXCUSES.CO website username of the client. For the avoidance of doubt, no person may participate in any class unless he or she is registered with NOEXCUSES.CO at the time of the class.
6.4 Purchases of classes or packages of classes may be made online through the NOEXCUSES.CO website, by telephone to the relevant NOEXCUSES.CO number, or in person at any NOEXCUSES.CO Outdoor reception, and must be paid for in full by credit or debit card or cash at the time of purchase. For the avoidance of doubt, purchases may not be made by email.
6.5 Once a purchase has been made for a client using a credit or debit card NOEXCUSES.CO will record and keep the details of that card for use in future purchases. If the client does not wish for such details to be recorded and kept in this way, or wishes to make a particular purchase using a different credit or debit card or cash, he or she must notify NOEXCUSES.CO of this fact at the time of purchase.
6.6 A purchase of a class or a package of classes does not guarantee that the client will be able to attend any particular class. Classes are filled on a "first come first served" basis, and if a particular class is full or otherwise not available the cost of that class will be held to the credit of the client to be applied to another class to be selected by the client (subject to availability).
6.7 Following a purchase of a class or a package of classes NOEXCUSES.CO will send to the client an email either:(a) confirming the availability of each class purchased and the date, time and place of that class; or(b) where a particular class is full or otherwise not available, stating this fact and confirming that the cost of that class will be held to his or her credit for application to another class to be selected by the client (subject to availability).If the client does not have access to emails NOEXCUSES.CO will upon request give such confirmations and statements by telephone. If the client does not have access to either emails or telephone then he or she must attend at any NOEXCUSES.CO Outdoor reception to be given such confirmations and statements in person.
6.8 If NOEXCUSES.CO has notified the client that a particular class is full or otherwise not available, the client will be added to a "waiting list" if he or she requests this online through the NOEXCUSES.CO website, by telephone to the relevant NOEXCUSES.CO number, or in person at any NOEXCUSES.CO Outdoor reception, quoting his or her NOEXCUSES.CO website username. For the avoidance of doubt, such requests may not be made by email. Once on the waiting list NOEXCUSES.CO may at any time up to 24 hours before the class start time send to the client an email notifying him or her that the class has become available and confirming the date, time and place of the class. If the client does not have access to emails NOEXCUSES.CO will upon request give such notification and confirmation by telephone. If the client does not have access to either emails or telephone then he or she must attend at any NOEXCUSES.CO Outdoor reception to be given such notification and confirmation in person. If no such notification is given during such period the class shall be deemed to be full or otherwise not available to the client. NOEXCUSES.CO will not disclose any waiting list positions or updates. For the avoidance of doubt, the class cancellation provisions of clause 6.10 still apply where the client is on a waiting list.
6.9 From time to time for various reasons beyond its control, such as injury or illness to a trainer or the unavailability of a venue or studio, NOEXCUSES.CO may need to cancel a class that a client is due to attend. Not less than 24 hours before the class start time NOEXCUSES.CO will send to the client an email notifying him or her of the cancellation and confirming that the cost of that class will be held to his or her credit for application to another class to be selected by the client (subject to availability). If the client does not have access to emails NOEXCUSES.CO will upon request give such notification and confirmation by telephone. If the client does not have access to either emails or telephone then he or she must attend at any NOEXCUSES.CO Outdoor reception to be given such notification and confirmation in person.
6.10 A client may cancel any particular class that he or she is due to attend if not less than 24 hours before the class start time he or she gives to NOEXCUSES.CO, in person at any NOEXCUSES.CO Outdoor reception or over the telephone, quoting his or her NOEXCUSES.CO account details. For the avoidance of doubt, such notifications may not be given by email. Following cancellation in accordance with clause 6.10 NOEXCUSES.CO will hold the cost of the cancelled class to the credit of the client and apply that credit to another class to be selected by the client (subject to availability).
6.11 If a client fails to attend a particular class that he or she is due to attend, and has not cancelled that class in accordance with clause 6.10, NOEXCUSES.CO may (but is not obliged to) hold the cost of that class to the credit of the client and apply that credit to another class to be selected by the client (subject to availability). For the avoidance of doubt, if it is decided not to credit the client, the client will not be entitled to any refund of any of the cost of the class or any other compensation.
6.12 Where NOEXCUSES.CO holds any money to the credit of the client for more than 12 months or such other period as may be specified in the advertising or marketing of the relevant class or package of classes, the money will be deemed to have been spent by the client with NOEXCUSES.CO, and the client will not be entitled to any refund of any of the cost of the class or any other compensation.
6.13 When purchasing a NOEXCUSES.CO Membership (Monthly, 3-Month or Annual) NOEXCUSES.CO will charge you the stated fee per month for the duration of your contract on the date purchased. NOEXCUSES.CO will not accept any cancellations or offer any refunds once the Membership has been activated by your first class taken on that package. NOEXCUSES.CO may allow your membership to be temporarily frozen if a Doctor's note is provided only. 6.14 NOEXCUSES.CO 30-Day Packages cannot be extended or cancelled once the package is activited by first class taken on the package.
7 Participation in NOEXCUSES.CO classes
7.1 Clients due to participate in a class must arrive at the scheduled venue in good time and be present at the relevant studio ready for participation in the class not later than 5 minutes before the scheduled start time. This is required to enable the trainer to properly induct participating clients before the start of the class. Late arrivals necessarily disrupt the induction process and the participation of other clients in the class. Where a client is not present at the relevant studio and ready for participation in the class 5 minutes before the scheduled start time he or she will be excluded from that class. If the client is excluded under this clause 7.1 he or she shall be deemed to have failed to attend the class and the provisions of clause 6.11 shall apply.
7.2 Upon arrival a client must report to the NOEXCUSES.CO reception and provide such evidence of identification as the NOEXCUSES.CO staff may reasonably request. NOEXCUSES.CO reserves the right exclude from the class any person who staff are unable to verify as the client for whom the class was purchased. If a person is excluded under this clause 7.2, the client will not be entitled to any refund of any of the cost of the class or any other compensation.
7.3 Without prejudice to any of the provisions of clauses 4 and 5, upon arrival a client must voluntarily disclose to the NOEXCUSES.CO reception and the trainer taking the class all information relating to his or her physical or mental health or wellbeing which is or may be relevant to him or her participating in the class, other clients participating in the class, NOEXCUSES.CO staff, or any other person for the time being present. In particular, but without prejudice to the foregoing, pregnant clients must disclose their pregnancy. If the NOEXCUSES.CO reception or the trainer has reason to believe that the client has not properly disclosed all such information, or that any participation in the class would or could be a risk to the health and safety of the client, other clients participating in the class, NOEXCUSES.CO staff, or any other person for the time being present, he or she will not be permitted participate. If participation is not permitted under this clause
7.3, the client will not be entitled to any refund of any of the cost of the class or any other compensation, but NOEXCUSES.CO may (but is not obliged to) hold the cost of that class to the credit of the client and apply that credit to another class to be selected by the client (subject to availability).
7.4 A client must ensure that he or she wears clothing and footwear appropriate to the class in which he or she is participating, and avoids unsuitable jewellery or other accessories. If the trainer taking the class has reason to believe that any item of clothing or footwear is inappropriate, or any item of jewellery or other accessory is unsuitable, the client will be required to change or remove such item. If the client fails to comply with such a requirement the trainer may require the client to stop all further participation or limit or restrict any further participation as the trainer considers necessary to protect the health and safety of the client, other clients participating in the class, NOEXCUSES.CO staff, and any other person for the time being present. If further participation is stopped or limited or restricted under this clause 7.4, the client will not be entitled to any refund of any of the cost of the class or any other compensation.
7.5 Clients should avoid taking any food or drink into a class, or consuming any food or drink during participation (other than water or appropriate energy drinks to the extent necessary for rehydration and as required for a medical condition).
7.6 If at any time during participation in a class a client suffers any injury or illness (however minor), the client must immediately disclose this fact to the trainer taking the class. Thereafter the client shall provide such further information relating to the injury or illness as the trainer may reasonably request. If the trainer has reason to believe that the client has any injury or illness which with any further participation would or could be a risk to the health and safety of the client, other clients participating in the class, NOEXCUSES.CO staff, or any other person for the time being present, the trainer may require the client to stop all further participation or limit or restrict any further participation as the trainer considers necessary to avoid such risk. If further participation is stopped or limited or restricted under this clause 7.7, the client will not be entitled to any refund of any of the cost of the class or any other compensation, but NOEXCUSES.CO may (but is not obliged to) hold the cost of that class to the credit of the client and apply that credit to another class to be selected by the client (subject to availability).
7.7 At the end of a class clients should promptly vacate the studio, taking with them all of their personal belongings and effects.
7.8 Without prejudice to the foregoing provisions of clause 7, at all times during participation in a class a client must not do or omit to do any act or thing which:(a) would or could put at risk his or her own health or safety or the health or safety of any other client participating in the class, or the trainer taking the class, or other NOEXCUSES.CO staff, or any other person for the time being present; or(b) would or could cause any distress, disruption or annoyance to any other client participating in the class, or the trainer taking the class, or other NOEXCUSES.CO staff, or any other person for the time being present; or(c) would or could frustrate or interfere with the class or any activities taking place in the class.If the trainer taking the class has reason to believe that the client is doing or omitting to do any such act or thing, the client will be required to stop doing or omitting to do that act or thing. If the client fails to comply with any such requirement the trainer may require the client to stop all further participation or limit or restrict any further participation as the trainer considers necessary to protect such health and safety, to avoid such distress, disruption and annoyance and to avoid such frustration and interference. If further participation is stopped or limited or restricted under this clause 7.8, the client will not be entitled to any refund of any of the cost of the class or any other compensation.
7.9 Without prejudice to the foregoing provisions of clause 7, at all times during participation in a class a client must do all such acts and things, and comply with all such directions and instructions, which the trainer taking the class considers necessary to protect the health and safety of the client, other clients participating in the class, NOEXCUSES.CO staff, and any other person for the time being present. If the client fails to do any such thing, or comply with any such direction or instruction, the trainer may require the client to stop all further participation or limit or restrict any further participation as the trainer considers necessary to ensure such protection. If further participation is stopped or limited or restricted under this clause 7.10, the client will not be entitled to any refund of any of the cost of the class or any other compensation.
8 Your right to change your mind Where you have purchased a class or a package of classes online, you have a legal right to change your mind within 14 days of the date the purchase is confirmed, and to receive a refund for the cost of that class or package of classes. However, once you have attended a class/package you cannot change your mind for that class/package, even if the 14-day period is still running. Summary of key legal rights
9 How NOEXCUSES.CO may use your personal information
9.1 NOEXCUSES.CO will use the personal information you provide in connection with your registration, your purchase of classes and packages of classes, your attendance at classes, and to inform you about our cardio and strength workouts and associated products. You may stop receiving information at any time by contacting us to request this.
9.2 NOEXCUSES.CO will only give your personal information to third parties where the law either requires or allows us to do so.
10 Other important terms
10.1 If NOEXCUSES.CO fails to comply with these terms and conditions, it will be responsible for any loss or damage you suffer that is a foreseeable result of it breaking its contract with you or it failing to use reasonable care and skill, but NOEXCUSES.CO will not be 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, at the time the contract was made, both NOEXCUSES.CO and you knew it might happen.
10.2 NOEXCUSES.CO may transfer its rights and obligations under these terms and conditions to another organisation. NOEXCUSES.CO will always tell you in writing if this happens, and it will ensure that the transfer will not affect your rights under the contract.
10.3 You may only transfer your rights or your obligations under these terms and conditions to another person if NOEXCUSES.CO agrees to this in writing.
10.4 The contract is between NOEXCUSES.CO and you, and no other person will have any rights to enforce any of its terms.
10.5 If a court finds part of the contract is illegal, the rest will continue in force. Each clause of these terms and conditions operates separately. If any court or relevant authority decides that any clause is unlawful, the remaining clauses will remain in full force and effect.
10.6 Even if NOEXCUSES.CO delays in enforcing the contract, it can still take enforcement action later. If NOEXCUSES.CO does not insist immediately that you do anything you are required to do under these terms and conditions, or if NOEXCUSES.CO delays in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and will not prevent NOEXCUSES.CO taking steps against you at a later date.
11 Referral Programme terms
11.1 If available; a referral link must be used by new sign-ups in order for the referrer to receive NOEXCUSES.CO credit. Referral credit cannot be added retrospectively or back-dated to any previous sign-up.
11.2 Referral credit cannot be exchanged for cash.
