Terms & Conditions
Terms and Conditions for Fitness In Tuscany Limited incorporating Fit Bootcamp
All participants must be aware of this and accept the risks associated with these activities. Personal Accident and Cancellation Insurance is highly recommended.
Fitness In Tuscany Limited incorporating Fit Bootcamp known hereafter referred to as FIT accepts bookings subject to the following conditions:
Interpretation & Definitions
1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions.
"Booking" A booking made by the Client with FIT as set out on the Booking Form.
"Booking Form" The booking form produced by FIT to be completed by the Client upon making a Booking.
"Contract" The contract between the Client and FIT under which the Services are to be provided by FIT to the Client.
"Client" The person, firm or company who makes a Booking with FIT. All individuals to whom the Services are provided by FIT must be a minimum age of 18.
"Deposit" An amount equal to 30% of the Fee.
"Fee" The amount payable by the Client under the Contract.
"Force Majeure" Any act, event, omission or accident beyond FIT's reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of FIT or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
"Major Change" A change in the date, location or over 75% of the content of the Services.
"Recordings" Photographs, videos or any other audiovisual recordings taken of the Clients during the provision of the Services.
"Services" The services provided by FIT to the Client under the terms of the Contract and "Service" shall be construed accordingly.
FIT: Fitness In Tuscany Limited.
1.2 Wording implying the singular meaning shall include the plural meaning and vice versa.
1.3 Reference to any gender includes the other genders;
1.4 Headings in these Conditions shall not affect their interpretation.
2.1 These Conditions shall be deemed to be incorporated in all Contracts and in the case of inconsistency with any Booking Form or other form of communication between the Client and FIT, whatever may be their respective dates, the provisions of these Conditions shall prevail unless expressly varied in writing and signed on behalf of FIT.
2.2 Any concession allowed by FIT to the Client shall not affect the rights of FIT under the Contract. If in any particular case any of these Conditions shall be held to be invalid or shall not apply to the Contract, the other Conditions shall continue in full force and effect.
3.1 In order to place a Booking, the Client shall submit a completed Booking Form to FIT together with the Deposit. All Bookings shall be provisional and shall only be confirmed once the Deposit has cleared in FIT's bank account. If the Client is an individual, he or she must state his or her date of birth on the Booking form and if the Client is an individual, a firm or a company making a Booking on behalf of more than one person, the date of birth of each person to whom the Services will be provided must be stated on the Booking Form.
3.2 If a Booking is made by a Client, the Client shall be deemed to have read these Conditions and if the Booking is made by telephone, e-mail or facsimile, the Client is deemed to have signed the declaration on the Booking Form.
4.1 A Contract shall be formed when FIT accepts the Booking in writing. FIT reserves the right to decline any booking at its discretion.
4.2 No variation of these Conditions shall be valid unless it is in writing and signed by or on behalf of FIT and the Client.
4.3 No verbal representations made by FIT shall be relied upon by the Client.
4.4 Any quotations that may be given by FIT are given on the basis that no Contract shall come into existence except in accordance with condition 4.1.
5. The Fee and Payment Terms
5.1 The Fee payable for the Services shall unless otherwise stated in the Contract be the fee chargeable by FIT for such Services current at the date of the provision of the Services. Such Fee shall include the planning, organising and delivery of the Services.
5.2 Once the Deposit has been paid by the Client, and the Contract formed under condition 4.1, if the Client wishes to alter any aspect of the Services, FIT may make such additional reasonable charges as it may in its absolute discretion decide and such charges shall be notified in writing to the Client. If the Client refuses to pay such charges, FIT shall be entitled to cancel the Contract forthwith and notwithstanding condition 9, the cancellation charges set out in condition 8 shall apply.
5.3 The balance of the Fee shall be paid by the Client to FIT by no later than six weeks prior to the commencement of the Services unless agreed otherwise in writing by FIT on confirmation of the Booking in accordance with condition 4.1. If the Client fails to pay the balance of the Fee to FIT, then FIT may in its absolute discretion cancel the Booking and notwithstanding condition 9, shall be entitled to retain the Deposit.
5.4 The Fee must be paid in its entirety at the time of the Client placing a Booking in accordance with condition 3.1, if a Booking is made within six weeks of the commencement of the Services.
6. Responsibilities of the Client
6.1 The Fee shall not include travel to and from the venue, location or country at which the Services shall be provided and this shall be the sole responsibility of the Client unless agreed in writing with FIT.
6.2 The Client shall be responsible for their own personal medical requirements, clothing and footwear for the duration of the Services unless otherwise agreed in writing with FIT.
6.3 The Client shall be responsible for advising FIT in the Booking Form of any health issues that may make them unable to take part in any of the Services. Failure to do so may result in FITC terminating the Contract without refund and/or withdrawing the Client from any part of the Services, notwithstanding the provisions of condition 9.
7. Changes to the Contract
7.1 FIT reserves the right to change any price or other particulars of the Services before the Contract is formed in accordance with condition 4.1.
7.2 If there is a "Major Change" to a confirmed booking FIT will inform the Client as soon as is reasonably practicable and offer the Client the choice of accepting the change, receiving a full refund or accepting the provision of the Services on an alternative date.
7.3 If there is any change other than a "Major Change" after the Contract is formed in accordance with condition 4.1, FIT is not obliged to inform the Client in advance and no compensation will be payable.
8. Cancellations by the Client
8.1 If the Client wishes to cancel the Contract, the Client must advise FIT in writing as soon as reasonably practicable and the following cancellation charges shall apply:
Date of cancellation
Less than 6 weeks before start of the Services
100% of the Fee
Less than 12 weeks before start of the Services
75% of the Fee
Less than 16 weeks before start of the course
50% of the Fee
More than 16 Weeks before start of the Services
30% of the Fee
8.2 The cancellation charges are calculated inclusive of the Deposit which is in all circumstances non-refundable.
8.3 The cancellation charges may be waived in exceptional circumstances at the absolute discretion of FIT.
8.4 If the Client fails to arrive on the commencement date of the Services, the Fee will be due in full to FIT and no refund shall be given.
8.5 The Client may request to reschedule the Services, provided that they do so no later than 6 weeks before the commencement of the Services, save that FIT reserves the right to refuse any such request. If FIT agrees to reschedule the Services then an additional 15% handling fee will be payable by the Client. If the Client fails to pay the handling fee, then FIT may in its absolute discretion cancel the Contract and notwithstanding condition 9, the cancellation charges in condition 8.1 shall apply.
9. Cancellations by FIT
FIT reserves the right to cancel a Contract but will endeavour not to do so. If FIT cancels a Booking prior to the commencement of the Services, FIT shall offer the Client the choice of either a full refund or the provision of Services on an alternative date (with pro-rata price reductions/increases as appropriate).
10.1 FIT reserves the right to alter the content of the Services without notice to the Client.
10.2 Any Services published by FIT are designed for illustrative purposes only.
10.3 During the provision of the Services, FIT reserves the right to alter the content of the Services at any time due to certain factors including but not limited to the weather and the physical fitness of the Clients.
10.4 If a Client chooses not to participate in any part of the Services being provided, FIT is not obliged to provide an alternative or any refund to the Client.
10.5 FIT may in its absolute discretion make decisions affecting the Clients and it may require a Client to cease participating in the Services if, for example, it believes that a person's health is at risk and if the Client has failed to advise FIT of a health condition in accordance with condition 6.3, FIT may in its absolute discretion terminate the Contract forthwith without refund, notwithstanding the provisions of condition 9.
10.6 The Client must refrain from any illegal act and conduct which may give offence or cause danger or damage to any person or property at all times during the Services. If FIT or any of its employees, consultants or agents, believe that the Client is in breach of this obligation or is likely to breach this obligation, FIT may in its absolute discretion terminate the Contract forthwith without refund, notwithstanding the provisions of condition 9, and require the Client to leave the venue at which the Services are being provided. FIT will have no liability to the Client in respect of such termination, howsoever arising.
if there is a problem during the Services, the Client must report it in the first instance to an employee or consultant of FIT. In the unlikely event that a problem cannot be resolved, the Client must notify FIT within 28 days of the end of the Services advising FIT of the full details of the complaint (Notice). Failure to serve the Notice on FIT within the specified period will preclude the Client from being entitled to take any further action against FIT.
12. Limitation of Liability
12.1 This condition 12 sets out the entire financial liability of FIT (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Client in respect of:
(a) Any breach of the Contract
(b) Any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the Contract.
12.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Nothing in these Conditions limits or excludes the liability of FIT for death or personal injury resulting from the negligence of FIT; or for any liability incurred as a result of fraud or fraudulent misrepresentation by FIT.
12.4 The Client recognises that engaging in the Services includes an inherent risk. Those risks include a broad range and the Client recognises that those risks include the possibility of personal injuries and even death. The Client chooses to participate in the Services in spite of those risks. The Client therefore agrees to assume all risks that may occur resulting in any harm, damage, injury, illness or death to oneself. The Client agrees to release and discharge FIT, its officers, employees, consultants and agents from any and all claims for liability, damage, injury, illness, death, costs or other expenses or any other damages claimed except in respect of personal injury or death caused by the negligence of FIT.
12.5 FIT will not accept liability for any loss or damage to any vehicle or personal property belonging to the Client during the Services.
13.1 Subject at all times to condition 13.2, the Contract may be assigned by the Client to a third party.
13.2 If the Client wishes to assign the Contract to a third party, he or she must give prior notice in writing to FIT by no later than 6 weeks prior to the commencement of the Services, giving the full name and address of the third party and FIT shall advise the Client as soon as reasonably practicable in writing whether or not it consents to the assignment to the third party. FIT reserves the right to refuse an assignment to a third party at any time, without providing a reason for such refusal. If the Client subsequently has to cancel the Contract as a result of FIT refusing the assignment to a third party, then the cancellation charges in condition 8 shall apply.
13.3 FIT assigns its rights under the Contract to any third party without obtaining the prior consent of the Client.
14.1 FIT has the right to take Recordings of the Client during the Services and the Client accepts that all rights whatsoever and howsoever arising in the Recordings shall be owned solely by FIT.
14.2 The Client accepts and agrees that FIT may use any Recordings in any manner that it may in its absolute discretion decide including but not limited to its website or any other promotional material or advertisement.
15. Law and Jurisdiction
15.1 This agreement shall be construed in accordance with the laws of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction in relation to any matters arising out of these terms and conditions.