Terms & Conditions
Lightning Bolt Terms & Conditions
Standard Terms & Conditions for supply of goods and services by Lightning Bolt Fitness Ltd.
1 DEFINITIONS
In this policy the highlighted words shall have the following meanings:
1.1 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 “Customer” means any person who purchases Goods and Services from the Supplier;
1.3 “Goods” means the articles specified in the Proposal;
1.4 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 “Services” means the services specified in the Proposal;
1.6 “Supplier” means Lightning Bolt Fitness Ltd, Registered Office: 8 Fence Avenue, Macclesfield, Cheshire, SK10 1LT
1.7 “Terms and Conditions” means the terms and conditions of supply set out in this policy and any additional special terms and conditions agreed in writing by the Supplier.
1.8 “Website” refers to the main web presence of Lightning Bolt Fitness Ltd, www.crossfitlightningbolt.com.
1.9 “Materials” means the written information, pictures, diagrams, videos, and all other digital content published by Lightning Bolt Fitness Ltd on the Website.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
2.5 Lightning Bolt Fitness Ltd reserves the right to refuse or cancel services at any time, should the behaviour of clients/potential clients warrant such action, or for other legitimate reasons.
3 THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of one day.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of any applicable charges outlined in the Proposal. Lightning Bolt Fitness Ltd reserves the right to adjust monthly charges by inflation on 1st January each year. We will use the mean of the Retail Prices Index and the Average Weekly Earning Index, from the previous year, to set these adjustments (to the nearest whole %).
4.2 Payment of the price shall be in the manner specified in the Proposal.
4.3 The customer must make payment before delivery of the Goods or Service.
5 DELIVERY
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 Wherever possible the Supplier will aim to complete delivery of physical orders within 14 days from the placement of the order. Where orders require posting, the Supplier aims to complete this within 7 days from placement of the order.
5.3 All risk in the Goods shall pass to the Customer upon delivery.
6 TITLE
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
8 SUPPLIER’S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier .
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 In line with the Customer’s statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 30 days from the date of delivery.
8.5 The Supplier provides the following guarantee(s) in relation to the Services carried out: a) All staff working for or on behalf of Lightning Bolt Fitness Ltd will meet a minimal quality and capability standards, b) There will be at least one first aid qualified individual present in any class, seminar, workshop or personal training session, c) Kids trainers will be DBS/PVG checked.
9 CANCELLATIONS AND REFUNDS
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier (by emailing hello@crossfitlightningbolt.com) within 30 days of delivery and the Customer shall be entitled to replacement Goods or a full refund.
9.2 The Customer may cancel an Order after purchase by notifying the Supplier by email to hello@crossfitlightningbolt.com
within 14 days of placing an Order and any payment made will be refunded in full if no services have been utilised. Otherwise, if cancelling a monthly recurring payment, the Customer must give 30 days’ notice. Any physical goods received must be returned within 14 days of actioning the return in order to be eligible for a refund.
9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any monies paid may not be returnable.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13 LIMITATION OF LIABILITY (Lightning Bolt Fitness Ltd)
In no event shall Lightning Bolt Fitness Ltd or its suppliers, be liable for any direct, indirect, special, incidental or consequential damages arising out of the use or inability to use the Website or any linked site, damages resulting from the use of or reliance on the information or materials presented on the Website, whether based on warranty, contract, tort or any other legal theory even if Lightning Bolt Fitness Ltd have been advised of the possibility of such damages.
14 DISCLAIMER
Lightning Bolt Fitness Ltd assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on the Website. You should not assume that the Materials on the Website are continuously updated or otherwise contain current information. Lightning Bolt Fitness Ltd is not responsible for supplying content or materials from the Website that have expired or have been removed.
The Materials provided on the Website are provided “as is”, and any warranty (express or implied), condition or other term of any kind including without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or title is hereby excluded.
Errors & Omissions Statement:
Whilst we have made every attempt to ensure the information and advice provided by Lightning Bolt Fitness Ltd is accurate, complete, and obtained from reliable sources, Lightning Bolt Fitness Ltd is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information.
15 GOVERNING LAW
These Terms and Conditions shall be subject to the laws of England, Scotland and Wales and the parties hereby submit to the exclusive jurisdiction of the courts in the area where domiciled.
MEMBER DISCIPLINARY PROCEDURE:
CrossFit Lightning Bolt always seeks to resolve member disciplinary and grievance issues quickly, fairly, transparently, and informally. Disciplinary situations include but are not limited to; misconduct, breach of gym rules and/or policies, harassment of any kind (especially sexual harassment of staff), bullying or behavioural complaints received from other members, or from staff.
If a member is subject to a disciplinary, the first stage will be to inform the member verbally and in writing, along with a copy of this procedure, and organise an informal meeting with the General Manager/Gym Manager, or both, as appropriate. This will be informally recorded on the Complaints Log and via email follow up. Should the issue arise again, a formal meeting with both the Gym Manager will be arranged, minutes taken, and a verbal warning given, again with email follow up. If there is a third occurrence, the member will be issued with a formal warning letter. Should problems continue, the member will be asked to leave, and membership terminated. Members are entitled to bring a witness to meetings, and a witness will also be there to represent the business.
As per our gym rules, which all members are required to acknowledge during their onboarding via our Waiver/PAR-Q form, any discrimination, horseplay, bullying and/or harassment will not be tolerated and will lead to disciplinary action as outlined above. If the behaviour is serious enough, such as violence, abuse, or criminal activity, this may constitute gross misconduct and lead to immediate dismissal.
Should the member be dissatisfied with any disciplinary decision or dismissal, they should communicate this in writing to the General Manager who will arrange for the appeal to be heard by the CrossFit Lightning Bolt Director or other appropriate person.