Please read our Terms and Conditions (Terms) carefully as these Terms constitute our legal contract with you. By booking and paying for classes, sessions, courses or workshops with us (Sessions) you are confirming you have read the Terms and agree to be bound by them. Please also refer back to these Terms from time to time as they may change (and we reserve the right to do so).

In these Terms:

we, us, our means Funktion Limited (Company Number 128999, whose registered office is Ground Floor, Elizabeth House, 9 Castle Street, St. Helier, Jersey JE2 3BT, trading as Funktion. We supply all Sessions subject to these Terms; and

you, your, yours means you, the client.

1.  IMPORTANT INFORMATION ABOUT DATA PROTECTION

The nature of our business and the provision by us of Sessions to you means that we will collect and process certain of your personal data from time to time. We will only do so in accordance with our Privacy Notice.

2.  HEALTH AND SAFETY

Many of our Sessions involve strenuous physical activity and we recommend that you seek medical advice before attending or participating in a Session (including online as applicable). For your own safety and the safety of others we rely on you using our facilities and premises and participating in our Sessions (including online where applicable) in the intended manner and your acceptance of these Terms constitutes your confirmation that you will do so, that you will comply with our reasonable instructions in relation to your attendance at our premises or participation in a Session and that you agree to the content of our Health and Safety Statement.

3. SAFEGUARDING POLICY

We will ensure the safety and protection of all vulnerable people (adults at risk and children) in our care through the safeguarding policy. Vulnerable people have a right to be safe and adults have a responsibility to protect them. A copy of our safeguarding policy can be found here.

4.  YOUR ACCOUNT WITH US

“In order to book Sessions you must sign up for a user account (User Account) at the GymMaster member portal  (the GymMaster Portal). You can also download the Gymmaster Members App on your Android or Apple device through which you can access your User Account to book Sessions (our App). The GymMaster Portal and the App can also be easily accessed via our website (our Website).  You must be at least 18 years of age to attend any Sessions at Funktion. It is at our discretion to permit people under the age of 18 to attend any Sessions with the requisite parental or guardian consent.”

5.  SESSIONS AND USE OF OUR PREMISES

1. Our Sessions include classes, personal training sessions, treatments and workshops (each as described further on our Website from time to time), and may include classes designed to be available online, including live stream classes and on-demand classes.
2. In booking a Session you agree to comply with any additional rules we may make known to you in relation to the Session from time to time, including how you may use our premises, facilities and your conduct whilst doing so (the Session Rules).
3. All Sessions and trainers are subject to change from time to time, even after you have booked. We will let you know about any changes as soon as we can, either via email or notifications on the App.
4. Access to our premises, Sessions and any other goods and services we may supply from time to time is at our discretion and we reserve the right to refuse you access to any of the same, or to suspend or otherwise terminate your Account if we consider that you are in breach of these Terms, the Session Rules or your behaviour at our premises is inappropriate, aggressive, rude, threatening or otherwise damaging to our customers, staff or our reputation more generally.  If we do so you will not be entitled to any refunds whatsoever.

6.  WAYS OF PAYING

We offer the following different ways of paying for Sessions (please also see section 7 below for details of payment methods):

Pay-as-you-go You can purchase individual credits which can be redeemed against individual Sessions on a pay-as-you-go basis. The drop-in rate for each Session is set out on our Website.

Packages You can purchase standalone bundles of credits at discounted rates (Packages) which can be redeemed against specific individual, types or sets of Sessions. Details of the Packages we offer will be set out on our Website from time to time.

Payment in Arrears Solely at our discretion, trainers may book Sessions on your behalf that have been agreed with you in advance. Details of your Sessions booked by trainers on your behalf together with applicable rates will appear on your User Account.

7.  CREDITS

1. Credits for each category of Session can be purchased via our Website or your App.
2. In order for you to attend any category of Session, you will need to purchase the appropriate type of credits for that Session.
3. To book any Session, you must have at least one credit for that category of Session in your User Account, unless otherwise specified at the time of booking. One credit entitles you to attend one Session.
4. Details of all credits and their price, are set out on our Website.
5. Subject to these Terms, all credits are non-refundable. You may not transfer any credits to another person.
6. All credits purchased will have an expiry date shown in your User Account and you must use them prior to such date. We are not able to extend credits beyond their expiry date under any circumstances. You will not be entitled to a refund in respect of any unused but expired credits.
7. From time to time we may offer promotional pricing or other offers, and any credits purchased in this way may have a shorter expiry time. This will be set out in full on our Website and will be confirmed to you at the point of purchase.

8.  PAYMENT TERMS

1. Pay-as-you-go and Packages. You can pay using your credit or debit card via our online checkout process. All pay-as-you-go and Package purchases are non-refundable and cannot be transferred to any other person.
2. Payment in Arrears. You can pay using your credit or debit card via the online checkout process on your User Account. Payment for Sessions attended (or goods consumed) in any month must be made promptly and in any event within 14 days of the relevant month-end.  If charges on your User Account are not settled within 14 days we reserve the right to charge interest on any outstanding balance.

9.  BOOKING SESSIONS

1. All Sessions must be booked via your User Account and, unless otherwise specified at the time of booking, in order to book a Session you must either: (i) have at least one appropriate credit in your User Account for the Session you would like to book; or (ii) purchase an appropriate credit via your booking journey. When you book a Session you will be charged the Session price or one relevant credit will be deducted from your User Account.
2. Your booking on a Session is only confirmed once you have received an email confirmation or a notification in the App from us or the Session appears in the ‘Upcoming Bookings’ section of your User Account. Please make sure you receive a booking confirmation before you attend the Session. If you do not receive a confirmation, please contact us by e-mail. Session prices are subject to change at any time before we accept your booking.
3. Please refer to our Website or your App for Session availability. Sessions may be booked up to 14 days in advance.
4. All Sessions are subject to availability, and whilst we try to ensure that suitable numbers and types of Sessions are available, we cannot guarantee that you will be able to book any particular Session, even if you have the appropriate type of credits on your User Account.
5. If a Session is fully booked then you may either: (i) join an alternative Session; or (ii) joint a waiting list for the fully booked Session. If you are on the waiting list for a fully booked Session and a space becomes available up to 2 hours prior to the start of the Session, you will automatically be enrolled in the Session and a relevant credit will be deducted from your User Account. We will notify you by email or the App in such instances. You will not, however, be added to the Session if you do not have sufficient credits on your User Account or the Session is not otherwise included in a Package that you have purchased. As waiting list places are allocated automatically up to 2 hours prior to the start of the Session, it is your responsibility to ensure that you can make it to the Session on time. You can cancel your place on the waiting list at any time for a full refund until places are allocated at the Session. If a space becomes available on a Session within 2 hours of the start time, places will no longer be allocated to people on the waitlist, but spaces will be available to book via the website.

10.  CHANGING OR CANCELLING YOUR BOOKINGS AND NO SHOWS

1. You may change or cancel your booking for a Session, without charge. 
   
   You can cancel up to 12 hours before the start of a class Session without charge.
   You can cancel up to 24 hours before a Personal Training Session  without charge. 
   
   We will refund your credit for the cancelled Session, which you can use to rebook a future Session. If you book onto a Session within 12 hours of its scheduled start time, you are not entitled to change or cancel.
   
   
2. You are not entitled to change or cancel your booking for a Session or otherwise elect to receive a refund for the Session (including for a no show) within 12 hours of its scheduled start time.
   
   

11.  LATENESS POLICY

We operate a general policy which prevents you from taking part in a Session if you are more than 5 minutes late for the relevant Session (in such situations you will be deemed to be “late”). This policy is in place to prevent injury and to be mindful of the trainer and any other participants in the Session. In line with our cancellation policy, you will not be refunded for Sessions you are unable to attend because you are late. The relevant trainer has discretion to waive this general policy in circumstances where you have provided reasonable advance notice that you will be late and/or where your late inclusion will not unduly disrupt a class Session.

12.  IF WE CANCEL YOUR BOOKING

In the event that we cancel a Session that you have booked, we will make reasonable efforts to contact you by email or through the App to let you know. We will attempt to offer you the option of being transferred to another equivalent Session at an alternative date and time (subject to availability) or otherwise will re-credit your User Account for the cancelled Session.

13.  LIABILITY

We and our employees, officers, servants and agents will not be liable in any way for any injury, loss, damage or death caused to you or your property to the maximum extent permitted by law.

Please note that we cannot be held responsible for your personal belongings whilst at our premises. Please further note that lockers are provided solely for the benefit of people using our services and you may not keep personal belongings in a locker overnight.  We reserve the right to removing any articles left in lockers overnight. Contents removed from lockers overnight will be retained for collection for up to two weeks after which they will be donated to charity or disposed of.

14.  SESSION FEE CHANGES

We reserve the right to review and change Session fees periodically.

15.  GOODS THAT YOU PURCHASE FROM US

From time to time we may make various products available for you to purchase via our Website using the App or at our studios and we may elect to implement specific terms and conditions or policies that apply to any purchase you may make of such products or where you wish to return products to us after purchase. This does not affect your statutory rights.

16.  PROMOTIONAL OFFERS

From time to time, we may run various promotions, prize draws and other offers (each a Promotion). We may implement separate terms and conditions in respect of any such Promotion and will advise you accordingly where this is the case. However, notwithstanding this:

1. we reserve the right to end any promotion without warning at any time;
2. we also reserve the right to withdraw your right to any Promotion if we consider, in our absolute discretion, that you have abused, misused or gained an unfair advantage in respect of the Promotion. Misuse includes, but is not limited to, the creation of multiple customer accounts and self-referral;
3. additionally, we reserve the right to not fulfil any future Sessions bookings made by any customer found to have abused, misused or gained an unfair advantage in respect of the Promotion; and
4. any prizes offered by us in connection with a Promotion must be claimed within 21 days of the announcement of the winners. We have 45 days to issue any such prize. We reserve the right to substitute any prize or promotion for the equivalent value in Sessions.

17.  DISCOUNT CODES

From time to time we may make discount codes available to you (each a Discount Code), and your use of any such discount code shall be subject to additional terms and conditions, which we will make you aware of at the time of use. Discount Codes may only apply to certain Sessions and we will set this out in our applicable promotional communications. In the event that Sessions booked using a discount code are cancelled, the relevant Session will be cancelled in accordance with the terms of section 11 above. In addition:

1. we reserve the right to end or withdraw any Discount Code without warning at any time;
2. we also reserve the right to withdraw your right to use any Discount Code if we consider, in our absolute discretion, that you have abused, misused or gained an unfair advantage in respect of the Discount Code; and
3. additionally, we reserve the right to not fulfil any future Sessions bookings made by any customer found to have abused, misused or gained an unfair advantage in respect of the Discount Code.

18.  PHOTOGRAPHY AND VIDEO FOOTAGE

We may gather photography and record and/or live-stream video content of your Sessions for marketing, online training content and/or social media purposes. We recognise that you have the right to decide whether your images are taken and how these may be used. We will therefor make you aware this is happening and, if for any reason you do not wish to be in shot, please inform your trainer or instructor and we will ensure that you do not feature.

We will seek to keep children and young people safe by always asking for written consent from a child and their parents or carers before taking and using a child’s image. Further information in relation to photography and video footage taken of children can be found in our safeguarding policy.

19.  HOW WE CAN CONTACT EACH OTHER

By you: Any written notice, enquiry or feedback should be provided by email at info@funktion.je

By us: We may contact you using any of the contact details you provide to us when you sign up for a User Account, which may include via telephone, email or via the App. Our Privacy Notice sets out how we may process your personal data, which includes the contact details you provide to us.

20. FORCE MAJEURE

We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms if the delay was due to any cause beyond our reasonable control, including, but not limited to, acts of god, terrorism, explosion, flood, storm, fire, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. system failures, viruses, pandemic, epidemic, civil emergency or other widespread illness, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.

In the event that our studios are closed for a period of 15 days or more due to any cause beyond our reasonable control we will not refund any balance you have on your User Account but any applicable expiry dates for your Sessions will be reset from the date that the studio reopens.

21. WAIVER

No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.

22.  SEVERABILITY

If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.

23.  ENTIRE AGREEMENT

These Terms together with our disclaimer and any policies we have in force from time to time constitute the entire agreement between us and you and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between us and you.

24.  THIRD PARTY RIGHTS

These Terms constitute a contract between you and us. No other person shall have the right to enforce any of these Terms.

25.  GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with Jersey law and the parties hereby agree to submit the exclusive jurisdiction of the Jersey courts.