Fat Attack Ltd Terms & Conditions
1.DEFINITIONS AND INTERPRETATION
1.1’company means Fat Attack Ltd (Reg No.6470225)
‘Client’ means the person or persons listed on the booking form, with whom the Company has or will have a contract
‘Trainer’ means the person or person providing the service for or on behalf of the Company
‘Camp Coordinator’ support team responsible for the organization and smooth running of the camps
‘Contract’ means the contract for the provision of services made between the client and the company and which is governed by these conditions
‘Camp’ reference to the weekend weight loss boot camp and all associated activities
‘Site’ website of Fat Attack Ltd as source of information of services provided
‘Activities’ means the exercises variations and routines that will form the basis of the boot camps
‘Force Majeure’ means circumstances beyond the control either of the affected party
‘Risk ’means and equal value positive or negative probability of specific eventualities
‘Booking Form’ forms outlining the supply of services for which the client is making payment
‘Online’ reference to each transaction and submission made via the use of a computer system
1.2 Words importing the singular only shall include the plural and vice versa, reference to person is generalised to the Client referring to the masculine and feminine genders, reference to persons shall include bodies corporate and unincorporated and vice versa
2. INCORPORATION
2.1 These conditions apply to the contract to the exclusion of any other representations conditions or terms subject to which the contract is purported to be made or stipulated referred to or implied by the client2.2 No variation to the contract or these conditions shall be binding unless agreed in writing by the company
2.3 The client warrants to the company that they have the power and authority to enter into this Agreement and comply with any obligations applicable
3. ACCEPTANCE
3.1 A booking shall be deemed a contract when full payment is made to the company.3.2 Contract is subject to these booking conditions which the Client has been deemed to have read and fully understood. These booking conditions can only be varied by written agreement between the company and the Client.
3.3The Company shall supply and the client shall accept the services
3.4 No contract may be cancelled or suspended by the client unless otherwise agreed by the company in writing and cancellations and refunds policy as contained within these terms shall apply
3.5 No verbal representations made by company shall be relied upon by the Client
4. BOOKING
4.1The complete fee for the supply of services shall be made at time of booking to secure a place
4.2 Booking forms to be completed and submitted online or sent through by post
4.2 Booking forms to be completed and submitted online or sent through by post
4.3 Lifestyle questionnaires to be completed and and submitted online at time of booking or sent through by post at least 10 working days before selected camp.
4.4 Additional information may be required to process booking and this may cause delay, the company reserve the right to decline a submitted booking at their discretion
4.5 Approved bookings will be confirmed in writing by email and post, all bookings are deemed binding from notification of booking confirmation date
4.6 All bookings are subject to these terms and conditions only and variation of these conditions is binding except agreed in writing by the company
4.4 Additional information may be required to process booking and this may cause delay, the company reserve the right to decline a submitted booking at their discretion
4.5 Approved bookings will be confirmed in writing by email and post, all bookings are deemed binding from notification of booking confirmation date
4.6 All bookings are subject to these terms and conditions only and variation of these conditions is binding except agreed in writing by the company
5. PAYMENT
5.1Our prices are valid from 1st January to 31st December each year, if you book ahead of the year year in which you propose to hold your event the company will not increase the charges as long as full payment was made at time of booking5.2 In consideration for providing the boot camps the client shall make payment to the company
5.3 All fees unless otherwise stated is exclusive of any applicable Value Added Tax for which the client shall be additionally liable to the company. The Fat Attack registration number is: VAT Registration no: 939540006.
5.4 Payment of fee and value added tax is due at the time of booking
5.5 All payments quoted are payable in pounds Sterling
5.6 Bespoke services are quoted for on a case by case basis and will vary from published prices, all quotations will be liable to value added tax.
6.PERFORMANCE
6.1The boot camp content and activities may vary from that contained on the site, the company will endeavour to work to the timescales as set out but shall not be liable for any loss of time and situations arising out of any runover of time
6.2 The client shall make available to the Company free of charge all information reasonably requested by the company to enable it to perform the services
6.3 The Client is also responsible for their own personal medical requirements and personal footwear equipment and clothing unless otherwise stated
6.4 It is the responsibility of the Client to arrange travel to the site / location for the proposed activity and or service unless otherwise stated
6.5 Any itinerary programmes or activities published on our website and describing the camps are designed to be illustrative in order to best explain the scope and type of activities you will be undertaking. It is very unlikely that any one programme could be or would be followed precisely as it is published
6.6 Several factors will determine what can be accomplished reasonably during the camp, several considerations would have to be made level of fitness and the each group
6.7 The company puts in place several contingencies to cater for elements that affect outdoor activities such as poor weather conditions, however the extent of such conditions will affect activities that can be undertaken
6.8 The company operates out of several different venues and activities will be also be based on what each venue can allow and facilitate
6.9 a maximum of 1-2 activities as published will include third party contractors to facilitate although this will not affect our obligations under this contract
7. HEALTH AND SAFETY
7.1The Company will have in place a risk assessment for each venue camp venue7.2The Company may require a person or persons to leave the camp if they believe that the Client’s health and safety are at risk, if an illegal act has been committed or the Client has behaved in a way as to endanger safety enjoyment or the welfare of the group as a whole. In the event of such action being taken the Client shall not be entitled to any refund and will be required to meet all expenses involved in their immediate extraction
7.3 The Company may require a person or persons to stop any activity if they believe their health to be at risk or the person or persons are not coping with the technical physical or mental demands, in this instance they will not be extracted from the camp as a whole but will not be allowed further participation in any activities
7.4 Except as disclosed in writing to the Company the Client confirms that they are in good mental and physical health and are unaware of any reason why they may be particularly unsuited to taking part in the activity and / or service agreed upon or may be likely to suffer illness, injury or even death during the activity and / or service
7.5 Failure to disclose any information that is required may result in the Company terminating the contract and withdrawing the Client from the activity and or service on the grounds of misrepresentation. The Client will not be entitled to any refund of payments made under this termination contract.
7.6 The client can withdraw themselves at any point from the any activity and the whole camp is they feel unable to continue physical, or really belief their health and well being may be compromised unfortunately no refund will be given in this instance
7.7 As part of the continual review of safety and associated considerations the conditions of booking are subject to change clarification and modification at any time. Appointed representatives of the Company are empowered to vary or waive any of the Conditions of Booking.
8. CANCELLATION AND REFUNDS
8.1 All cancellations must be confirmed in writing cancellation charges will be imposed
8.2 Cancellation charges shall be calculated as a percentage of the total fee the percentage will vary according to the number of day to the camp the cancellation was received
8.3 2 weeks to camp –no refund due to client, less than 4 weeks to the camp 25% of total fee due to Company, 4 weeks or over a full refund can be obtained less 15% adminstration fee
8.4 Clients wishing to reschedule or transfer booking to another published camp with less than 4 weeks to original booking prior notice will incur a 15% administration fee, all transfers with less than 2 weeks will incur a 30% administration fee, this fee is calculated as a percentage of the total fee
8.5 clients who do not show up to the camp will forfeit their place and no refund will be due
8.6 Clients bookings can be transferred in written but will incur a 30% administration fee, this fee is calculated as a percentage of the total fee
8.2 Cancellation charges shall be calculated as a percentage of the total fee the percentage will vary according to the number of day to the camp the cancellation was received
8.3 2 weeks to camp –no refund due to client, less than 4 weeks to the camp 25% of total fee due to Company, 4 weeks or over a full refund can be obtained less 15% adminstration fee
8.4 Clients wishing to reschedule or transfer booking to another published camp with less than 4 weeks to original booking prior notice will incur a 15% administration fee, all transfers with less than 2 weeks will incur a 30% administration fee, this fee is calculated as a percentage of the total fee
8.5 clients who do not show up to the camp will forfeit their place and no refund will be due
8.6 Clients bookings can be transferred in written but will incur a 30% administration fee, this fee is calculated as a percentage of the total fee
8.7 Transfers will only approved within a 2 months period of the initial booking
9. COMPLAINTS
9.1 Problems during the activity and or service period should be reported in the first instance your assigned group trainer9.2 In the event that the instructor is unable to solve the problem the support team or camp coordinator will be available for escalation of the complaint
9.3 In the unlikely event that the problem cannot be resolved at this time and you wish to raise a complaint full written details must be sent to the Company within 28 days of the activity and or service finishing. Please include your booking reference number, contact details and details of your complaint
9.4 Failure to take these steps will prejudice our ability to resolve your problem and/or investigate it fully therefore any rights to a full or partial refund may be affected
10. FORCE MAJEURE
10.1 If either party is unable to comply with its obligations under the terms of the contract as a result of force majeure it shall as soon as reasonably practicable notify the other party of the nature and extent thereof10.2 Neither party shall be deemed to be in breach or otherwise be liable to the other by reason of delay in performance or non performance of any of its obligations hereunder to the extent that such delay or non-performance is due to any force majeure and of which it has notified the other party in accordance with clause 10.1 above and the time for performance of its obligations shall be extended accordingly
10.3 For the purposes of this clause force majeure shall mean any circumstance beyond the reasonable control of party affected thereby and without prejudice to the generality of the foregoing the following should be regarded as such circumstances
(a) acts of God explosion flood lightning tempest fire or accident
(b) all hostilities (whether war has been declared or not) invasion act of foreign enemies
(c) rebellion revolution insurrection military or usurped power or civil war
(d) riot civil commotion or disruption
(e) acts restrictions regulations by-laws refusals to grant any licences or permission prohibitions or measures of any kind on the part of any governmental authority
(f) import or export regulations or embargos
(g) strikes lock- outs or other industrial actions or trade disputes of whatever nature ( whether involving employees of the company or third party)
(h) defaults of suppliers or sub-contractors for any reason whatsoever
(i) if the company shall be incapacitated or prevented from performing the services by illness injury or accident suffered by any person
11. LIABITIES AND DISCLAIMER
11.1 The Client must refrain from any conduct which may give offence or cause danger or damage to any person or property11.2 If the company or any of its sub contractors believe that the Client is in breach of this obligation likely to breach it or is otherwise unfit to partake in the activity the company or contractors may in their absolute discretion have the Client removed from any property or facility
11.3 The company will owe the Client no liability in such circumstances and the Client will be solely responsible for any costs incurred and damage caused
11.4 The client has the right to request advice from assigned trainer, at any time, in relation to the activities and exercise being undertaken with particular regard to any contraindications that I may have If the client chooses not to take advice, or to disregard any advice so given, they do so voluntarily and accept liability for all resulting injuries or damage
11.5 The client by attending the camp declare themselves to be physically sound and suffering from no condition, impairment, disease or infirmity or other illness other than those declared on the questionnaires for which they have sought and received medical consent and are therefore not prevented from participating or using any of the equipment or facilities except as herein ( questionnaires) stated
11.6 The client understands and is aware that the activities, including the use of equipment for outdoors can be potentially hazardous
11.7 The client understands that activities to be undertaken can cause pain, soreness and discomfort, involve a risk of injury and even death, and that they are voluntarily participating in these activities and using equipment and facilities with the knowledge of the dangers involved. I hereby agree to expressly assume and accept all and any risks of injury or death.
12. GOVERNING LAW AND JURISDICTION
12.1This Agreement shall be governed by and construed in accordance with the law of England and Wales.12.2Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement.