The following information (together with the documents referred to herein) lays out the terms and conditions of Open Air Fit™ and the services listed on our website (our site) www.openairfit.com. Please read these terms and conditions carefully before booking with us as they will apply to any Contract between us for the provision of the services to you. You should understand that by using our site and receiving services from us you’re indicating that you accept and agree to be bound by these terms. We may amend these terms (especially if we add new features to our site or services), so check them regularly; your continued use of our site will indicate that you accept and agree to any amendments. Please understand that if you refuse to accept these terms and conditions, you will not be able to book any of our services
Waiver
By entering and participating in Open Air Fit sessions, camps, or fitness classes you accept the following Waiver, Release of Liability, Assumption of Risk and Indemnity Agreement:
In consideration of me being allowed to participate in any way in activity provided and hosted by Open Air Fit, inclusive (the “Activities”), I hereby acknowledge and agree as follows:
1. I understand the nature of the Activities and acknowledge my experience and capabilities and believe I am qualified to participate in the Activities. I further acknowledge that I am aware that the Activities will be conducted in facilities open to the public during the Activities. I further agree and warrant that if, at any time, I believe conditions to be unsafe, I will immediately discontinue further participation in the Activities.
2. I fully understand that: (a) the Activities involve risks and dangers of serious bodily injury, including permanent disability, blindness, paralysis and death (“Risks”); (b) these Risks may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activities, the conditions in which the Activities take place or the negligence of the Releasees (defined below); (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and (d) I fully accept and assume all such risks and all responsibilities for losses, costs, and damages incurred as a result of my participation in the Activities.
3. I hereby release, discharge, covenant not to sue, and agree to hold harmless Open Air Fit, it’s owner(s), administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors and advertisers, and, if applicable, owners and lessors of premises on which the Activities take place (each considered to be one of the “Releasees” herein) from all liability, claims, demands, losses, or damages on account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including rescue operations, and further agree that if, despite this release, I, or anyone on my behalf, makes a claim against any of the Releasees named above.
I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, LOSS, LIABILITY, DAMAGES OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE THE LIABILITY OF THE RELEASEES FOR ANY DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH ENGLISH LAW AND ALL PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS.
About Us
We are Open Air Fit, an outdoor fitness company running a range of classes, sessions and programmes, to suit children and adults of all ages, ability and fitness levels. We largely work from Wandsworth & Clapham Common and will expand into new areas at any time.
About You
By making a booking with Open Air Fit you warrant that a) you are legally capable of entering into binding Contracts; and, b) that you are at least 18 years old.
Timetable
Please see our website for details of our current timetable and scheduled activities as set out here.
We change our timetable as little as possible but please check any changes in advance of making a booking. Occasionally we may need to make temporary changes, for example if a coach was suddenly ill or there were adverse weather conditions. Where possible we will notify you of this via email and on our website and social media platforms. However we do reserve the right to change the timetable at any time.
Rescheduling
We will endeavour to give you as much notice as possible should a session/activity need to be rescheduled. All our classes are outside and take place come rain or shine. We do not reschedule sessions on days when the weather is poor, unless conditions are exceptionally bad. Check our website for any updates.
Trainer holidays
We will notify you 7 days in advance via email, by text or phone of any planned holidays and scheduled breaks for our trainers.
Booking & Registration
Certain services should be booked in advance on our website. Drop in sessions do not need to be booked and personal training sessions are managed manually by our Admin Team. Booking in advance is recommended to ensure your place at a session and to avoid disappointment if a class is full. There is a wait list system in place and should the session/activity/camp reach its capacity, you will be notified by email. You will also be notified by email should there be a cancellation. We have a cut off time for bookings, normally 17:00 the night before the session/activity/camp, unless otherwise stated.
To make an automated booking you must register with us first. Please complete the registration process here. You will be required to acknowledge that you have read these Terms and Conditions as well as providing relevant health information and agreement to our Fitness Disclaimer.
When using our site, and for contractual purposes, you accept that communication from us shall be mainly electronic. We shall contact you by email or provide you with general information by posting notices on our website; such information to include confirmation of registration, bookings and updates regarding timetables and scheduled classes. We may also contact you via text for any changes regarding booked appointments at short notice.
Payment
Payment is required in advance of all sessions, exept drop in which can be paid on arrival. All sessions booked on our website must be paid at the time of booking. There will be no contract of any kind between you and us until you make authorised payment for the service and you receive confirmation from us via email, this will include confirmation of booking, and receipt of payment. At any point up until then, we may decline to supply the service to you without giving any reason.
All payments conducted through www.openairfit.com are handled and transacted through the Stripe gateway. Card information is not stored on our website and all card information is handled over SSL encryption. Please read Stripe’s own terms and conditions as laid out on their website, as they are responsible for the transactions made.
Prices
All our prices are subject to VAT. The prices for all services are calculated and payable in advance as set out here on our site. You agree to pay the charges at the rates notified to you at the time you book a session or series of sessions or drop-in. We will be under no obligation to provide the service until the price has been paid. Eligibility for any discounts is ascertained at the time of booking and cannot be changed during the period of services booked. Prices are liable to change at any time, but changes will not affect booked services in respect to which we have already sent you confirmation of the booking.
If we incorrectly state a price to you whether on our website or otherwise, we are not obliged to provide you with the service at that price, even if we have mistakenly accepted your booking, and reserve the right to subsequently notify you of any pricing error. If we do so, you may cancel the booking without any obligation to us and we will refund you any payment made in full or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your booking and refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
Expiration Policy for Block Bookings
All block training sessions must be used within 6 months from date of purchase. Any sessions purchased and not used within the time frame will expire and will not be subject to a credit refund.
Cancellation Policy
All cancellations must be made by notifying us in writing at the earliest possible convenience.
When you cancel a weekly class or a personal training booking, as long as it is within our cancellation time frame, you will receive a credit code for the session cancelled. The credit code will be sent to you by email and can be used for another session of the same price. Credit codes must be used within 3 months of receipt, otherwise they will expire and the session credit will be forfeit. See ‘Cancellations’ section below for full details of our cancellation policy by activity type.
If you are rebooking your session, we advise you to cancel and then rebook another time suitable to you as soon as possible through the website. To save disappointment, we encourage you to do this quickly to make sure you secure a place on your chosen session/activity/camp. We make every effort to try and ensure our schedules are always up to date.
Refunds
Once you have paid for the sessions and you have started any of them, you are not able to cancel. If your sessions have not started, you may cancel your contract within 7 working days after the date of your booking confirmation and we will reimburse the price within 30 days of the date of cancellation. Refunds are offered strictly on a discretionary basis and will be granted if a previously unidentified medical condition prevents continuation of the programme.
Drop-in Sessions/Personal Training/Fit for Families/Groups/Corporate Fitness
If you need to change your training or group session please notify us in writing at least 24 hours ahead of time to arrange a new date and time suitable to both Open Air Fit and yourself. For sessions booked on a weekend or bank holiday, please notify us at least 48 hours prior to your appointment.
We require all Personal Training sessions to be booked 24 hours before the date and time, to allow for trainer avaliability.
Cancellations will be subject to the following cancellation charges:
For all weekly classes and personal training sessions:
Less than 24 hours: No credit refund
Less than 48 hours (before a weekend or bank holiday): No credit refund
Kids Camps
If you need to cancel your Kids Camp booking you must inform us immediately in writing. All cancellations will be acknowledged by Open Air Fit by email and are subject to the following cancellation charges:
14 or more days before start date: Full refund
13 days or less: 50% refund
Less than 48 hours: No refund
If we are given more than 14 days’ notice of a cancellation, and you wish to reschedule the date(s), we will endeavour to book a date(s) within the same holiday period (e.g. Summer holidays), subject to availability and free of charge.
We regret that we will not be able to change dates within 7 days of the booked date(s) due to staffing levels already committed to the programme. This would be regarded as a cancellation and is subject to cancellation charges as stated. If a child has to miss booked days due to illness, please inform us immediately. With a valid doctor’s certificate, and at the discretion of Open Air Fit, you will be entitled to a refund.
In certain circumstances it may be necessary for Open Air Fit to cancel a camp. If this occurs, we will try to give at least 14 days’ notice and the option of transferring to another Camp, if available, or refund all monies paid for dates cancelled, if preferred.
In School Sessions
If you need to cancel your In School Sessions booking you must inform us immediately in writing. All cancellations will be acknowledged by Open Air Fit by email and are subject to the following cancellation charges:
7 or more days before start date: Full refund
6 days or less: No refund
Courses
If you need to cancel your Course booking you must inform us immediately in writing. All cancellations will be acknowledged by Open Air Fit by email and are subject to the following cancellation charges:
7 or more days before start date: Full refund
6 days or less: 50% refund
Less than 24 hours: No refund
Kids Parties & Special Events
If you need to cancel your Kids Party or Special Event booking you must inform us immediately in writing. All cancellations will be acknowledged by Open Air Fit by email and are subject to the following cancellation charges:
7 or more days before event/start date: Full refund
6 days or less: 50% refund
Less than 48 hours: Deposit to cover the cost of admin, staff and equipment
Corporate and Charity Events
If you need to cancel your Corporate or Charity Event booking you must inform us immediately in writing. All cancellations will be acknowledged by Open Air Fit by email and are subject to the following cancellation charges:
7 or more days before event/start date: Full refund
6 days or less: 50% refund
Less than 24 hours: Deposit to cover the cost of admin, staff and equipment
Late for Appointments
All sessions will begin promptly and we ask for you to arrive at least 10 minutes before your session starts. If you are late, no time will be added on at the end. If you are more than 15 minutes late, the trainer has the right to end the session and in the event, no credit will be offered. If the trainer is more than 15 minutes late for a scheduled session, a free training session credit will be offered as compensation.
Drop Off & Collection Procedures – Kids Camps
Parents must sign a registration book when dropping off and collecting children, so the trainers know who to expect on pick up, if different from themselves. Please be prompt when collecting your child at the end of a session and show consideration by not leaving our trainers waiting around.
Should you be unavoidably delayed please call us at the earliest opportunity so that we can be kept informed and make necessary arrangements. If you are consistently late in collecting your child we reserve the right to cancel any future sessions booked without offering any credit refund.
Photography/Filming
We will occasionally take photographs of you and the children for use in promotional material for future activities, camps and sessions. It is important that you contact us at info@openairfit.com at the time of registration and booking if you have any objections to you or your child being photographed/filmed for use by Open Air Fit in future promotional material. By attending a session, you are deemed to accept that such images of you and your children will be used in our promotional material.
Children with special needs
We welcome children with special educational needs and disabilities, aim to be as inclusive as possible and are keen to comply with our obligations under the Equality Act 2010, including those to make reasonable adjustments. However, we rely on parents of children with special needs contacting us in good time to discuss the level of support their child needs to safely participate in and enjoy the activities at Open Air Fit and the special arrangements we are reasonably able to make. In exceptional cases, after discussions with a parent, we may reluctantly have to conclude that we are not able to make special arrangements which are sufficient to enable a particular child to take part in some or all of the activities that we offer.
Code of Conduct
Open Air Fit is fully committed to safeguarding and promoting the well-being of all its clients. The company believes that it is important that children, coaches/trainers and parents associated with Open Air Fit should, at all times, show respect and understanding for the safety and welfare of others. Open Air Fit offers a positive experience for children and young people where they can learn new things in a safe and positive environment. If you would like a copy of the Code of Conduct set out by Open Air Fit, please email info@openairfit.com
Behaviour and Child Exclusion
We reserve the right to exclude or refuse any person, at any time prior to, or during a training session or camp if, in our opinion, that child is not compatible with the general enjoyment and objective of the session or camp e.g. displaying bullying, disruptive or aggressive behaviour. No credit will be offered and any additional costs involved will be at the parents’ expense and their responsibility.
Child Protection
Open Air Fit operates a zero tolerance policy to discrimination or bullying of any kind. Each child on an Open Air Fit camp or session is of equal value and entitled to equal access of opportunity. Open Air Fit also have legal obligations in relation to Child Protection. Any suggestion of child abuse or neglect will be reported.
Feedback & Complaints Procedure
You are encouraged to be open at all times and to share your thoughts with us. If you are happy with our sessions please let us know. If you have any concerns or complaints about any aspect of the Open Air Fit offering please let us know as your thoughts and concerns help us develop and improve our service. We will aim to resolve any problems quickly. An email or phone call will be very much appreciated and we will attempt to resolve the issue to your satisfaction as soon as we can. Concerns should be raised initially with the session leader, however if they are unable to deal with the problem please speak directly to Mel Capleton, Director by emailing info@openairfit.com
Lost & Found Property
Please ensure that you or your child does not bring valuables along to the sessions or camps. Open Air Fit will accept no liability for loss, damage, vandalism or theft of personal property owned by you or your child. We operate a lost property system but we cannot guarantee the return of lost items. Should you or your child lose anything, please contact the Open Air Fit trainer directly, or email info@openairfit.com
First Aid
In the event of an accident, a trained member of Open Air Fit will administer first aid. The emergency services will be called if necessary, unless advised to the contrary by a child’s guardian. All children’s essential medication must be handed in to the Open Air Fit first aider at the beginning of each session for safe-keeping.
We reserve the right, exercisable at our discretion, to exclude your child from a session or camp for such a period as your child is ill.
Please provide details of medical conditions as required on the registration form at time of booking. Please highlight any specific medical concerns and medication when registering.
Health & Safety
In taking part in an Open Air Fit activity, you will be undertaking physical exercise outside. Please wear suitable clothing and footwear for the conditions. See our FAQs for more information. All children should bring and wear appropriate factor sunscreen and protection during warm weather.
It is your responsibility to advise your trainer of any health issues or injuries that may impact your ability to undertake any or all of the training before each training session commences. If you experience any symptom or injury during a session you must immediately notify the trainer.
You have the right to request advice from our trainers, at any time, in relation to the actives and exercise being undertaken and, but not exclusively, their suitability to you, with particular regard to your health, safety and clothing. If you choose not to take advice, or to disregard the advice so given, you do so voluntarily and accept liability for all resulting injuries or damage.
Participant Personal Injury Insurance is not provide by Open Air Fit. If participants wish to be insured against personal injury should arrange their own personal injury insurance.
Fitness Disclaimer
All clients accept the terms and conditions when participating / registering on our Open Air Fit website. You are also required to provide medical information as requested at time of registration.
In doing so, and in taking part, you agree the following:
- That you undertake all training at your own risk and have discussed any exercise programme and participation in our training sessions, camps or activities with your doctor
- You have provided Open Air Fit with specific information about your health or your child’s before beginning your session and should this change throughout the course of any training programme you will provide up to date health information
- By participating in an Open Air Fit training session, camp or activity you declare that you and your child are physically sound and suffering from no condition, impairment or other illness (other than those declared) that would prevent participation or use of any equipment
- You accept that by taking part or using any equipment in any sessions, camps or activities that you agree by doing so, you accept liability of all risks of injury or damage
- We reserve the right to cancel your booking with immediate effect if you fail to provide accurate and up to date medical information; in this event you shall not be entitled to a credit and you shall be liable for any additional expenses we incur as a result of such cancellation or termination
Open Air Fit activities are planned to help you achieve your fitness goals. Results depend on your co-operation with the requirements of the session(s) before, during and after. Results of participation vary from person to person and cannot be guaranteed. Open Air Fit is not liable for failure in whole or in part in achieving your fitness goals due to your act or omission.
Insurance
Open Air Fit is covered by Commercial Express. This is limited to Employers’ and Product/Public Liability AND DOES NOT INCLUDE PERSONAL INJURY INSURANCE. Legal liability as an employer for a limit of £10,000,000 and legal liability in respect of injury, loss or damage to third party persons is for a limit of indemnity of £10,000,000.
Open Air Fit does not accept liability for the personal injury, or death, of any participant, howsoever caused. Neither Open Air Fit, nor any person involved with the organisation, will accept liability for loss or damage of any property belonging to a participant. Open Air Fit does not accept any responsibility for the losses or additional expense due to injury or sickness, weather, strikes, riots, war, terrorism, quarantine or any other cause beyond their control.
For further information please contact us:
Email: info@openairfit.com
Telephone: 07496 374 678
Registered Address: Flat 7, 45 Streatham Hill, London SW2 4TS
Open Air Fit Limited: Registered as a limited company in England and Wales under company number: 09614768
VAT Registered Number: 206 5682 10