Active Spirit Terms & Conditions
Thank you for choosing Active Spirit! We are excited to start our journey with you to a healthier and fitter You. Before getting started, we ask that you read these Terms and Conditions carefully as they contain important information regarding your legal rights and obligations.
Active Spirit provides Fitness Services to its Clients. These Terms and Conditions apply to all Services offered by Active Spirit. By using the Services, you are indicating that you have read these Terms and Conditions and that you agree to the Terms outlined herein. If you do not agree to these Terms and Conditions you may not use the Service.
1. General Terms
These Terms and Conditions (including any document referred to in it) (“Agreement”) list the terms of the agreement between you (“You” or “Client”) and Active Spirit (“We” or “Us”) for the provision of Fitness Services. By using the Service you agree to accept this Agreement with Us. This Agreement applies to any use of the Services, whether in connection with a paid service or a free trial.
We may, in our sole discretion, make changes to this Agreement from time to time which changes will be applied retroactively. Any such changes made will become applicable once posted to the website and/or App. If You continue to utilise the Service following the changes it means that You have accepted them. If You do not agree with the changes then you must stop using the Service.
The engagement is entered into without any fixed duration.
2.1 General Services
Active Spirit offers Fitness Services to its Clients, which includes any form of fitness related activity as may be determined by Active Spirit from time to time, including, but not limited to, High Intensity Gym classes, Weight Lifting and Strength building classes, personal training and specialised classes including, but not limited to, pre- natal and post-natal classes. These Services may be provided in the Active Spirit Facility, as may be determined from time to time, or at any other location, public or private, as designated by Active Spirit.
You must be between the ages of 15 and 69 in order to avail yourself of this Service. If You are over the age of 69 and do not lead an active lifestyle, please check with your doctor before changing your levels of physical activity.
Active Spirit will make the Service which You have purchased available to You subject to the Terms and Conditions of this Agreement. We reserve the right to suspend any Service (a) if the terms outlined in this Agreement are not adhered to, (b) in the case of any order issued by the Government or Health Authorities and (c) in the case of any Force Majeure event.
Active Spirit reserves the right to modify the class schedule at any given time and for whatever reason and We may cancel scheduled classes from time to time at our discretion.
2.2 Personal Training
Active Spirit, together with You, shall seek to reach agreement on the days and times for the holding of personal training sessions. In case either We or You are unable to attend the agreed upon session then every effort shall be made to communicate with the other about this fact.
The terms outlined in Section 2.1 apply to this section.
3. Client Responsibilities
You are responsible for all activity in relation to the Fitness Services purchased. You must comply with the relevant provisions of this Agreement at all times whilst using the Service.
Whilst using the Service, You must always act in a manner conducive to promoting a positive environment and must not act in an obscene, defamatory, threatening or otherwise unlawful manner. You must not interfere with or disrupt the provision of the Service or restrict or inhibit any other person from receiving the Service.
The Client is expected to conduct the Fitness Service in a manner consistent with the advice and instruction provided by Active Spirit, and provide Active Spirit with open and honest responses to all our questions from time to time including the responses required in respect of the PAR – Q (Physical Activity Readiness Questionnaire) to be appropriately filled in by the Client.
You should consult your doctor before You start any exercise, exercise program or class You attend and/or if You are not sure whether it is suitable and/or if You have a pre-existing illness or medical condition.
You agree to provide Active Spirit and/or its third parties with complete and accurate information including your name, email address, mobile phone number, payment details and health information and such other information as We may request from time to time. Should the information provided to Active Spirit and/or its third parties change, You are responsible for updating said information in a timely manner. You agree that Active Spirit has no responsibility or liability whatsoever for any loss or damages caused, either directly or indirectly, by information not provided or inaccurate information.
4. Fees and Payment
You agree to pay Active Spirit the applicable fee for the Fitness Service. The amount payable to Active Spirit is dependant upon the package and service You choose. All payment obligations under this Agreement are non-cancellable and all fees are non-refundable save as outlined in section 8. Unless otherwise provided, fees must be paid in advance.
In the case of the auto-renew memberships, Active Spirit reserves the right to change the price of the membership at its discretion provided that notice will be provided within a reasonable period prior to the change in price taking effect. If You no longer wish to avail yourself of the Service, You are responsible for cancelling your auto-renew Service via the Active Spirit website or app.
By submitting payment information You consent to that payment information being utilised by third parties for purposes of facilitating payment.
All fees listed on the website and app are inclusive of VAT.
5. Class Booking Policy
The booking window for each class opens one week in advance. No bookings can be made prior to this time frame. The booking window for each class closes 2 hours before the class starts in order to allow Us time to plan and organise the Fitness Service.
6. Class Cancellation Policy
Cancellations must be made AT LEAST 12 hours before the class starts.
For class passes and memberships with weekly limits
If the above cancellation windows are not respected the class will be automatically deducted from your balance and will not be refunded.
For personal training and private group training
Cancellations are to be made not less than 24 hours before the scheduled session. Full payment is due for late cancellations and no shows.
For unlimited memberships
There are no penalties for late cancellations or no shows. We kindly ask You to still respect the Policy to give others a chance to take your slot if You cannot make it.
7. Validity and time frame
The monthly membership is valid for one calendar month and begins on the date of purchase. The quarterly memberships are valid for three calendar months and begin on the date of purchase.
Classes in memberships with weekly class limits cannot be rolled over to subsequent weeks if unused. Unused classes will be forfeited. This is to encourage our Clients to attend the fitness classes on a regular basis.
Memberships cannot be paused or ‘frozen’ under any circumstances, unless otherwise advised at the sole discretion of Active Spirit
Single classes are valid for 1 calendar month, the 5 Class Pass is valid for 2 calendar months and the 10 class pass is valid for 4 calendar months. They all begin on the date of purchase and cannot be paused or ‘frozen’ under any circumstances. If the class passes expire with unused class balances the unused classes will be forfeited.
Auto-renew memberships are valid for the time period for which they have been purchased on a rolling basis and until such time as the Client cancels the membership.
Active Spirit offers a personal service to its Clients. Membership/passes can only be used by the purchaser and cannot be transferred to others and every Client must have their own membership or class passes.
8. Your Right of Withdrawal
If You have purchased your Service package online, You have a legal right to change your mind within 14 days of purchase and receive a refund. The 14 day cancellation period commences on the day of purchase of the Fitness Service package. This is called the ‘cooling-off period’. If You choose to cancel during the cooling off period, we will give You a full refund.
Provided that a refund will not be provided if the service has already begun and You have utilised the Fitness Service whether in whole or in part.
If You want to cancel your purchase within the cooling-off period You must send your notice in writing to the following email address: email@example.com.
You will not be permitted to cancel your purchase following the expiration of the cooling-off period
9. Confidential Information
Neither Us nor You shall disclose or use any confidential information of the other Party except: (a) as reasonably necessary to perform its obligations or exercise any rights granted pursuant to this Agreement; (b) with our or your permission, as the case may be; (c) to the extent required by law or order of a court or other governmental authority or regulation.
Active Spirit and You agree to protect each others confidential information.
This section will survive the termination of this Agreement.
10. Data Protection
We will keep any health related information You give Us confidential and secure and only pass it to those involved with the Fitness Service being offered to You.
11. Additional Policies & Forms
This Agreement incorporates by reference the following policies and documents:
12. Active Spirit Warranty
Active Spirit warrants that in the provision of these Services, We will adhere to internationally accepted industry standards.
13. Client Waiver
The Client acknowledges that the success of the Fitness Service depends on a number of factors, including but not limited to (a) the Client’s own preparedness to conduct the training in a professional and consistent manner; (b) the Client’s willingness to adopt a healthy nutrition regime; (c) the Client’s overall health condition. Accordingly, Active Spirit makes no guarantee as to the success of the Fitness Service and shall not be held responsible in any way in the event that for whatsoever reason the Client deems that these have not achieved the desired purpose, whether in whole or in part.
Moreover, the Client agrees to hold Active Spirit absolutely harmless in the event that the Client suffers any injuries or other losses of whatsoever nature including but not limited to consequential losses both during the Fitness Service or otherwise, other than those occasioned through the wilful act of Active Spirit. The Client furthermore agrees to fully indemnify Active Spirit against all claims, costs or other losses that may be made by any third party as a consequence of the injuries or other losses suffered by the Client.
We cannot accept any liability for theft or for loss or damage to your property. It is your responsibility to ensure that your valuables are kept secure at all times.
14. Termination of Service
The Client reserves the right to terminate the services at any time by providing Active Spirit with adequate advance notice.
Active Spirit reserves the right to terminate the services at any time by providing the Client with adequate advance notice in the event inter alia that (a) in Our opinion the provision of the Fitness Service to the Client is not conducive towards the Client deriving any benefit therefrom; (b) the terms of this service Agreement are not adhered to (c) We consider that You are not medically or physically able to receive the Fitness service; (d) You do or attempt to provide, offer, engage in, advertise or promote, whether or not for payment or other reward, at our Facility any activities or services which do or may compete in any way with any activities or services provided, offered, engaged in, advertised or promoted by Us or our authorised personnel, including but not limited to personal training or other training, coaching or instruction to any individual or group.
In no event will any termination relieve You of your obligation to pay any fees payable to Active Spirit for Services provided up until the date of termination.
The following sections shall survive the termination of this Agreement: section 4, 9, 10, 11, 13, 15 and 16.
15. Governing Law
The contractual relationship between Active Spirit and the Client is exclusively subject to Maltese law.
‘Active Spirit’ means Angele Satariano and all trainors, staff, employees, sub-contractors, agents and representatives that she may engage from time to time, together or individually.
‘Facility’ means the fixed premises at which the Service will be provided and which will be communicated to You by means of email upon purchase.
‘Force Majeure’ means causes beyond our or your control including, but not limited to, acts of God, acts of Governemnt, flood, fire, civil unrest, acts of terror, strikes or other labour problems.
‘Services’ or ‘Fitness Services’ means those Services outlined in Section 2 of this Agreement.
Types of Information Collected
This is data that identifies you or can be used to identify or contact you and may include your name, address, email address, user IP addresses in circumstances where they have not been deleted, clipped or anonymised, telephone number, birth date and billing and credit card information. Such information is only collected from you if you voluntarily submit it to us.
Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. This Non-Personal Data comprises information that cannot be used to identify or contact you, such as demographic information regarding, for example, user IP addresses where they have been clipped or anonymised, browser types and other anonymous statistical data involving the use of our website.
Purposes for which we hold your Information.
We use the Non-Personal Data gathered from visitors to our website in an aggregate form to better understand where our visitors come from and to help us better design and organise our website.
We will process any Personal Data you provide to us for the following purposes:
(a) to provide you with the courses or classes you have booked to participate in;
(b) to contact you if required in connection with your courses or classes or to respond to any communications you might send to us.
Disclosure of Information to Third Parties
We will not disclose your Personal Data to third parties unless you have consented to this disclosure. We will disclose your Personal Data if we believe in good faith that we are required to disclose it to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.
Sale of Business
Your Personal Data is held on secure servers. The nature of the Internet is such that we cannot 100% guarantee or warrant the security of any information you transmit to us via the Internet. However, we will take all reasonable steps to protect your Personal Data
Steps have been taken to secure our website which include the following:
– Security software has been implemented to secure the login and management of the website.
– Access to the administration of the site is limited and secured.
– The hosting company hosts the website on secure servers behind firewalls.
Updating, Verifying and Deleting Personal Data
You may inform us of any changes in your Personal Data, and in accordance with our obligations under the Data Protection Acts 1988 and 2003 we will update or delete your Personal Data accordingly. To find out what Personal Data on you we hold or to have your Personal Data updated, amended or removed from our database, please email us at firstname.lastname@example.org
Privacy Policies of our Service Providers:
MOMENCE: Our Booking system
MAILCHIMP: Our newsletter provider
STRIPE: Our online payment provider