1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and The Fitness Blastoff, with Trademark: UK00003413451, concerning your access to and using the Fitness Blastoff (https://www.fitnessblastoff.com) website as well as any related applications (the Site).
The Site allows users to access fun party dance, fitness workouts from a range of instructors by signing up as either a free or premium member. The Fitness Blastoff also hosts live and in-person dance fitness party experiences and classes. (Services). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, users' needs and/or our business priorities.
1.5 Our site is directed to people residing in the United Kingdom. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
2. Acceptable Use
2.1. You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
2.2. As a user of this Site, you agree not to:
3.1. Registering Your Account.
In order to access certain features of the Services, you may be required to become a Registered User. For purposes of this Agreement, a “Registered User” is a user who has registered an account on the Website or has an account with Fitness Blastoff.
3.2. Membership Subscription. You will be able to sign up to the membership using the website and create an account to access workout videos. You can either sign up to the free member or the premium (paid) member area. All members will have access to a library of dance fitness workout videos, (which will be hosted on third-party sites, including Vimeo and YouTube). You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
3.3. If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at email@example.com. If you provide any information that is untrue, inaccurate, not current or
incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
4. Content you provide to us
4.1. There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site and that they may be able to see who has posted that User Content.
4.2. You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you, unless you require us to.
4.3. In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy in section 2 of these terms.
4.4. You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
4.5. We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy, as stipulated in section 2.
4.6. We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values.
4.7. If you wish to complain about User Content uploaded by other users please contact us at firstname.lastname@example.org.
5. Our content
6. Link to third party content
6.1. The Fitness Blastoff Service may contain links, integrate with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the Fitness Blastoff Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. We do not have any influence or control over any such third-party websites or applications or the third party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.
6.2. We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
7. Site Management
7.1. We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
7.2. We do not guarantee that the Site will be secure or free from bugs or viruses.
7.3. You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software
8. Modifications to and availability of the Site
8.1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
8.2. Although Fitness Blastoff will make reasonable efforts to keep the Service operational, we cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. If this happens, we will notify you of any changes or disruptions via email. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
8.3. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
9. Disclaimer and Limitation of Liability
9.1. The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
9.2. We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
9.3. We strongly recommend that you seek professional medical advice before embarking on any dance, workout, fitness or exercise program. Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise your own personal judgment, as well as any other considerations, before acting on any of the content provided by us. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when booking a class with us.
10. Term and Termination
10.1. These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at email@example.com.
10.2. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation. If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
10.3. If we terminate or suspend your account for any reason set out in this Section, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11.1. You acknowledge that certain types of Sessions may be physically strenuous and You agree that You voluntarily participate in such types of Sessions with full knowledge that even if Fitness Blastoff is not negligent there is an inherent risk of personal injury or illness arising from Your participation in such a Session.
11.2. Certain Services may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.
11.3. You must ensure that you are fit and well enough to participate in any Session that You book, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.
11.4. If You have any concerns about Your fitness or health, You should seek appropriate medical advice from your doctor, a relevant professional medical or other advisers before attending a Session. We cannot and do not provide any such advice.
11.5. You agree that when You apply to become a Member, and when You book and attend any Session, that will be Your confirmation that You have no health or fitness problems which may affect your participation in any Session.
11.6. When You request a booking for a Session and at least 48 hours before You attend any Session, if You tell Us at that time about any medical, health or fitness issue or special needs, We will discuss it with You and inform You if We decide not to accept Your booking because of that issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue or need.
11.7. If You do not tell Us before a Session of anything referred to in sub-Clause 11.5 or 11.6 that We then discover, We will be entitled not to provide some or all of that or any other Sessions You have booked and to treat any such Sessions (or part of them) as cancelled by You without notice, in which case We may make a charge to You for the cancelled Sessions (or part of them) as set out above. If such a cancelled Session is part of a package, We may also cancel any other remaining Sessions in the package and in that case We will refund You for each of the remaining Sessions an amount equal to the total package price divided by the total number of Sessions in the total package.
11.8. You must not attend any Session when under the influence of alcohol or illegal drugs.
11.9. In Subscribing to or otherwise using the services, you affirm that either your physician has approved your use of the services or that all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness as a result of exertion; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or a heart condition; (vii) you do not have a history of high blood pressure, and (viii) you do not know of any other reason you should not exercise and/or dance.
12. Fees and Purchase Terms.
As a member of the Premium area, You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Fitness Blastoff with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not to this Agreement to determine your rights and liabilities. By providing Fitness Blastoff with your credit card number and associated payment information, you agree that Fitness Blastoff is authorised to immediately invoice your Account for all fees and charges due and payable to Fitness Blastoff hereunder and that no additional notice or consent is required. You agree to immediately notify Fitness Blastoff of any change in your billing address or the credit card or PayPal account used for payment hereunder. Fitness Blastoff may change the price of the Premium subscription at any time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Fitness Blastoff Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
12.2. Service Subscription Fees.
You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your premium subscription. Except as set forth in this Agreement, all fees for the Services are non-refundable.
12.3. Automatic Renewal.
If you subscribe to the Services, your subscription will continue indefinitely until terminated in accordance with this Agreement. After each month or each year of your subscription (as applicable, depending on the term of the subscription option you have chosen) until you cancel, your subscription will automatically renew for an additional month or year, as applicable, at Fitness Blastoff’ then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription.
12.4. Missed Payments
Upon renewal of your subscription, if Fitness Blastoff does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Fitness Blastoff will continue to attempt to charge your Payment Provider until payment is received. Upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received. If after a certain time period, Fitness Blastoff still doesn’t receive a payment after continuing to charge your Payment Provider, We may terminate or suspend your subscription.
If you cancel your subscription, you may use your subscription until the end of your current subscription term. Your subscription will not be renewed after your current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorise Fitness Blastoff to charge your Payment Provider now, and again at the beginning of any subsequent subscription period.
12.6. Fitness Blastoff will be using the following plug-in to manage the member area: https://wordpress.org/plugins/paid-member-subscriptions/
Except as set forth in any separate refund policy posted on the Services, all fees are non-refundable.
13. Promotional Offers
13.1. Promotional Offers: In order to be eligible for a Promotional Offer, members must ensure that 1. you are a new subscriber and have not subscribed to, or accepted a trial of, the Fitness Blastoff Premium at any time in the past. 2. Provide Fitness Blastoff with a valid and current payment method that is approved by Fitness Blastoff 3. Accept the promotional offer one. Previous users may not redeem the offer again.
13.2. A Promotional Offer must be accepted before the applicable expiration date advertised, if any. Except where prohibited by law, Fitness Blastoff reserves the right to modify, suspend or terminate a Promotional Offer at any time and for any reason, in which case we will not honour subsequent Promotional Offer enrollments.
13.3. In the case of any Promotional Offer, the corresponding Promotional Period shall continue for the period as advertised, subject to section 4, above.
13.4. Unless you cancel a Promotional Offer before the end of the Promotional Period, you will automatically become a recurring subscriber to the Fitness Blastoff Premium service and the payment method you provided will automatically be charged the then-current monthly price. Any time-capped features of that Spotify Premium Service will be reduced by the length of the Promotional Period.
13.5. If you cancel a Promotional Offer during the Promotional Period, you will lose access to the Spotify Premium Service and your account will switch to the Fitness Blastoff Free account at the end of the Promotional Period. To cancel, you must log into your account and follow the prompts on the Account page or click here and follow the instructions.
14.1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing.
Fitness Blastoff will also use third party sites like Mailchimp to email subscribers and members, use Eventbrite to organise and manage events and use social media channels to communicate to users where users can choose easy login.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
14.2. These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
14.3. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
14.4. We may assign any or all of our rights and obligations to others at any time.
14.5. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
14.6. If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
14.7. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
14.8. For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr.
14.9. A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
14.10. In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us by email at firstname.lastname@example.org
Last updated November 28, 2020