GENERAL TERMS AND CONDITIONS

In these Terms & Conditions and the Club Rules, "MVMT42" trades as Smart Performance UK Ltd. company number 08683312 and whose registered office is at Bishopstone, 36 Crescent Road, Worthing, West Sussex, BN11 1RL, United Kingdom. 

DATA PROTECTION

MVMT42 is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website or at our gyms, then you can be assured that it will only be used in accordance with this privacy statement.

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.

  • We may use the information to improve our products and services.

  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

WAIVER & RELEASE

Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. This also includes any services or treatments.

You agree that by participating in physical exercise, services or training activities, you do so entirely at your own risk. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You expressly agree to release and discharge the trainer, employee, service provider or instructor from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the trainer, instructor and/ MVMT42for personal injury or property damage.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence.

TERMS OF SALE

Contract lengths and notice periods change from membership to membership. We will ask members to sign separate terms and conditions depending on the option they choose. 

With all memberships, refund policy remains the same. As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of completing your membership application form. However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you select to commence your membership immediately, or you ask us to start your membership early, you agree that if you subsequently cancel your membership within the 14 day period, you will be refunded any monies paid, less an amount for the membership you have already used. As an example of how this works, if your membership fee is £15 per month and you cancel your membership after 10 days of it commencing (having asked us to start it immediately) we shall refund you £10, keeping £5, which represents the membership you had used up to the point of cancellation.

The joining fee is non refundable. 

LIMITATION OF LIABILITY

Neither MVMT42, our employees, agents or sub-contractors will be liable to you for any loss, damage or theft of any property brought onto our premises, or any death, personal injury or illness occurring on or resulting from use of our premises (including that caused by use of the facilities and/or equipment unless caused by our employees, agents, subcontractors or our negligent act or omission).

Some areas of our club are unsupervised and we do not accept responsibility for any harm or injury to you whilst using them unless caused by our employees, agents or sub-contractors or our negligent act or omission.

You shall not abuse the facilities or equipment of the club and you will pay for any damage to our property where you wilfully or negligently cause such damage.