TERMS AND CONDITIONS OF ACCESS TO THE fitness fx Limited WEBSITE AND ENROLMENT

1 Introduction

1.1 Please read these Terms and Conditions carefully before using the website operated by fitness fx Limited (company number 04490987) (‘FX’). In particular, we draw your attention to paragraphs 3 (Fees), 4 (Withdrawal and conditions relating to refunds), 11 (Applicability of Course Materials and other online materials) and 15 (Liability). By enrolling on our courses you are agreeing to enter into a serious financial commitment. FX strongly recommends that prior to enrolment you satisfy yourself you fully understand and are able to comply with that commitment. If there is anything you are unclear about or if you have any questions, please contact us immediately by telephone, e-mail or through the website.

1.2 If you are making a block enrolment for undesignated places and intend to designate named participants to attend a course as part of that block enrolment, the entity making that block enrolment will be primarily responsible to FX under these terms and conditions. Individual designated participants will be required to agree to those paragraphs of the terms and conditions that are relevant to their participation. As appropriate and as the context may require references to “prior to enrolment” may be deemed to mean “prior to commencing a course” and references to “you” may be deemed to mean the entity making the block booking and/or the individual undertaking the course.”

1.3 Without prejudice to the above, by using or accessing our website you agree to be legally bound by these Terms and Conditions of use, as they apply to your use of or access to our website and enrolment on our courses.

1.4 If you do not wish to be bound by these Terms and Conditions, then you may not use our website or enrol on our courses.

2 Nature of our Website

2.1 Our website is a place for you to enrol on our courses. Details of the courses and fees you will be required to pay are shown on our website. Terms and conditions that are specific to ordering goods can be found under “Terms of Use” in our web shop and on the homepage under “t&c” entitled “Terms and Conditions of Access to Website and Conditions of Sale”

2.2 Please note that the contents of our website are aimed at users aged 18 years and above, and you must be over 18 years to purchase the courses. FX may be prepared to enrol students between the ages of 16-18 but in these circumstances a third party such as a parent or guardian will need to guarantee the contract on your behalf. Paragraph 3.5 below contains further details that apply to prospective students aged 16-18.

3 Enrolling on Courses on our Website and Fees

3.1 To enrol on a course you will need to follow the procedures set out on our website.

3.2 Details of fees and the procedures for payment are displayed on our website. By enrolling on a course you are agreeing to be responsible for the payment of the applicable fees in full.

3.3 FX is entitled to refuse any enrolment application made by you or on your behalf. If your application is accepted, FX’s acceptance of your application to enrol on a course will be notified to you by FX electronically (“the Enrolment Notification”). This will normally happen when arrangements for full payment for the course by the method referred to in 3.3.1 below has been made by you and been confirmed as satisfactory by FX or any third party acting on our behalf, and at that time the contract between us will come into force. The Enrolment Notification, which will be sent to the e-mail address you gave us when enrolling, will normally be sent to you when we (or any third party acting on our behalf) receive:-

3.3.1 cleared funds for payment in full for the course

3.4 You understand that as a part of FX’s assessment of you for the granting of credit, FX will send details of your application to CPA Online Limited which will search databases to which it has access. It may also search a credit reference agency for information relating to you (and, in the case of a non-limited business being responsible for the payment of fees, will also carry out a search relating to the proprietors). The credit reference agency will record the fact of that search in the name of CPA Online Limited. You authorise your bankers to provide FX with an opinion as to your suitability for credit for the full enrolment fee.

3.5 If you are aged between 16 and 18 when you commence a course, you will need a third party such as a parent or guardian to stand as your guarantor for the obligations that you will be entering into. You are required to give the name and address of your proposed guarantor on your application to enrol. FX will write separately to your nominated guarantor, who will be required to confirm to us in writing that they are prepared to stand as your guarantor. On receipt of the appropriate confirmation of guarantee and payment (as explained in 3.3 above), an Enrolment Notification will be sent to you and to your guarantor. Until this happens FX is under no obligation to you to provide any services.

3.6 If a third party such as your employer is paying for your fees, you are required to give the name and address of the payer on your application to enrol. FX will write separately to such third party, who will be required to confirm to us in writing that they are prepared to pay your fees. On receipt of the appropriate confirmation of guarantee and payment (as explained in 3.3 above), an Enrolment Notification will be sent to you and to the third party who is responsible for your fees. Notwithstanding any third party agreeing to and/or actually paying any of your fees, you remain personally and fully responsible for the balance (if any) in the event of failure on the part of the third party to pay.

In certain limited circumstances where the third party is proposing to make payment by the method referred to in 3.3.1 above, we may (at our sole discretion) send out the Enrolment Notification and allow you to commence a course before the financial arrangements have been finalised and/or before we have received payment. Under these circumstances, you agree to procure that the third party will take all necessary steps to apply for, secure and finalise the financial arrangements as soon as possible. In the event that the third party fails to secure financing, you warrant and represent that you will be personally and fully responsible for all the fees relating to the course that you have enrolled on. It is recommended that you do not commence a course until full financing is in place.

3.7 You undertake that all details you provide to us (or any third party acting as our agent) for the purpose of enrolling you will be correct; that the credit or debit card or any electronic cash which you use is your own and that there are sufficient funds or credit facilities to cover the cost.

3.8 FX reserves the right to require you to provide any additional information that it may deem necessary in order to authorise your enrolment.

3.9 You recognise that if payment for your course is not made by the due date for payment, it will result in the matter being referred to the Credit Protection Association (“CPA”) for recovery of the outstanding debt. If so, you agree to indemnify FX against the costs FX incurs in referring the matter to CPA to pursue the debt, including CPA’s current applicable fees for writing to you, any commission payable by FX to CPA, all reasonable incidental costs of recovering the debt and interest at 2% above the base interest rate set by the Bank of England from time to time.

4 Withdrawal and Access to Course Materials

4.1 As part of undertaking an FX course you will be granted access to various materials (“Course Materials”)

4.2 On condition that the service has not commenced (as explained below) you may withdraw from a course (or de-select any optional modules that you may have selected) for any reason (including if you simply change your mind) within 7 working days of us (or an agent acting on our behalf) sending the Enrolment Notification. Your ability to withdraw from a course (or de-select any optional modules that you may have selected) expires after this period whether or not the services have commenced. To withdraw, you must notify us in writing or other durable and recordable medium (including e-mail) within those 7 working days. In circumstances where we have not received your notification, you will be required to provide evidence. You are therefore required to retain evidence of dispatch such as recorded delivery if sending your notification by post or a read receipt if sent by e-mail. You will then be entitled to a full refund from FX in respect of the course or the optional modules you have withdrawn from (as the case may be).This will be paid as soon as possible, but in any event within 30 days.

The right to withdraw within 7 working days of the Enrolment Notification being sent as referred to above does not apply once you access any part of the Course Materials relevant to the course or optional modules that you have selected or area of the website that is only available to enrolled students. You understand that the service provided by FX commences when you access any relevant part of the Course Materials, including the Introduction module, or any area of the website that is only available to enrolled students. You agree that your cancellation rights will end on the expiry of 7 working days or as soon as you commence the service (whichever is the first to occur), even if this is within the cancellation period of 7 working days from the date the contract is concluded.

You may de-select any optional modules within the 7 working days provided you have not accessed any Course Materials or areas of the website relating to that particular module. Your refund will be limited to those optional modules that you have de-selected.

4.3 Following the expiration of 7 working days from the date on which FX (or our agent) has sent the Enrolment Notification, no refunds will be given and the obligation to make outstanding payments whether or not they have yet fallen due will not be cancelled.

4.4 Access will only be given to Course Materials on condition that all due payments have been made to date in accordance with the payment arrangement. If for any reason, payments as outlined in any payment arrangement are not received by FX (or our agent) or any payment is returned, refunded or retrieved by you, your credit card company or the entity through which you have arranged finance, your access to Course Materials will be denied. Under these circumstances FX will no longer be under any obligation to you and your enrolment will be cancelled immediately. No refund will be given of any payments made to the date of cancellation. All outstanding payments (including those that have not yet fallen due) will remain payable by you and FX will take any action required to reclaim such outstanding payments.

5 Computer Specification, Software Support and Alterations to the Website, Courses and the Awarding Body

5.1 You are responsible for providing and maintaining suitable computer and communications equipment and software necessary to gain access to http://www.fitness-fx.com and download Course Materials to enable you to complete the course for which you have enrolled. Upon request, FX will provide you with a list of free software that you can install prior to enrolling so that you can test the suitability of the computer, equipment and software you are using with the FX systems and software.

5.2 If you are using the computer of a third party (e.g. your employer), it is your responsibility to ensure that you have the necessary consent to do so. If your circumstances change (e.g. if you change employer or if your employer changes its computer, equipment or software) and you no longer have access to a suitable computer for any reason, FX is not responsible for this and no refund of fees will be given in these circumstances.

5.3 FX does not provide software support and this is for you to arrange with your software provider.

5.4 We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it. This includes but is not limited to changes that we are required to make in the content and structure of our courses in order to ensure continuing compliance with the requirements of national standards.

Unless stated otherwise, any new features including new content, and/or the availability of new courses or modules shall be subject to these Terms and Conditions.

6 Information you Provide

6.1 The following applies to any information you provide to us, for example, during any registration or ordering process:

• you authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website. You understand and agree that FX may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. FX will not disclose to any third party your name, postal address, e-mail address or telephone number without prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. FX reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by FX or third parties. If you send us personal correspondence such as e-mails or letters, then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these Terms and Conditions as ‘Personal Information’;
• you must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. It is your responsibility to ensure that FX is updated on any changes to such information. Most correspondence will be sent to your e-mail address but non-electronic correspondence will be sent to your postal address. For more information about how we deal with your Personal Information, please read our privacy policy.

6.2 Processing and Disclosure Rights
By accepting these Terms and Conditions you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our website, which you should check regularly. If you would like to review or modify any part of your Personal Information, then you should e-mail us at admin@fitness-fx.com

7 Practical Assessment Enrolment and Classroom Teaching

7.1 If you wish to change the date of your course you must contact tutor support at least 14 days prior to the course date. After this time no refund or transfer to another course will be granted.

7.2 If you fail to attend a course in which you have enrolled, a deferral for that module will be recorded. No refund or transfer to another course will be granted without additional charge.

7.3 FX reserves the right to change and/or cancel the dates and venues for courses. You will be notified of any change by telephone, post or e-mail (which will be notified to the contact point you provided on enrolment) and you will be able to transfer to another course at no extra cost to you. FX is not liable in any other way for any additional expenses, costs or other charges that you may incur as a result of such change or cancellation and you are responsible for ensuring that FX has up to date contact details for you.

7.4 You are required to conduct yourself in an appropriate manner at all times during the course. If you behave in a manner which in the opinion of FX is threatening, abusive, offensive or otherwise unacceptable, FX will have the right to bar you from that and all future courses. You will remain liable for the fees for courses and modules on which you have enrolled.

7.5 In addition to your general responsibility to ensure that you are fit to undertake a course (please see paragraph 11.5), you are specifically responsible to ensure that you are physically fit on any occasion when you attend a course when you will be required to complete a physical activity readiness questionnaire (a copy of which is available in advance on request). If the results of this questionnaire indicate you require your GP’s consent to perform physical activity, you will not be permitted to perform the physical components of that day. This may prevent you from completing your course. In these circumstances you will need to obtain the appropriate medical clearance and guidance from your GP and re-book another course. Fees for such courses will not be refunded and FX will not be responsible for your travelling costs or other expenditure that may be wasted.

7.6 You acknowledge that you are fully aware of the risks involved in participating in courses which can be physically and mentally demanding. You represent and warrant that you discharge FX, its agents, employees and representatives on a continuing basis from any and all liability for injuries or damages resulting from your participation in any of the FX courses, and or in connection with performing, conducting, teaching or instructing course material to the fullest extent permitted by law. This exclusion shall not cover death or personal injury caused by the negligence of FX or its employees, agents or sub-contractors.

7.7 You agree that you may be videotaped, audio recorded and photographed by FX as part of your course and you consent to FX using your photograph, video and tape recordings and any other likeness of you for any and all promotional and training purposes

8 Assessments, Progress Reports and Certification

8.1 Certificates to show completion of a course will not be issued until FX (or its agent) has received payment in full for the course for which you are being certificated. The remainder of this paragraph is to be read subject to this condition.

8.2 Module certificates are issued on successful completion of each module. Once all modules in the FX course have been completed, the relevant course certificate will be sent automatically to the e-mail address that you registered with us.

8.3 In the event that you fail a theory based module, no re-enrolment will be required and you may continue to attempt to successfully complete the module as many times as required.

8.4 Once you have undergone your practical assessment you may check your progress report on our website by logging into the student area. Your assessment outcome should be posted on the website approximately 7 days after the assessment date. If you fail a practical assessment you will need to post to FX a DVD of yourself teaching one (1) fx routine to a minimum of eight (8) people without stopping the routine or editing the footage. A re-assessment fee of £30 is payable by you prior to FX previewing your DVD.

8.5 All certificates will be issued in the name held on our records at the date you successfully complete the course or module. It is your responsibility to inform FX in writing of any change of name and to provide appropriate evidence, such as a marriage certificate or deed poll.

8.6 If you lose a certificate and require a replacement, a fee of £25 (sterling) will be payable. If you change your name or address prior to the date you successfully complete the course or module but fail to notify us and require FX to issue a new certificate, a replacement fee of £25 (sterling) will be payable. Please note we are unable to issue replacement certificates in a new name if the change of name occurred after the date you successfully completed the course or module.

8.7 FX courses are organised in modules and must be completed in order. In the majority of cases you will not be permitted to progress to the next module unless you have successfully completed the prerequisite module/s. You may undertake modules as and when you are able to do so, depending on your circumstances, provided that you have commenced the final module in a course on or before the second anniversary of the date you commenced the first module of that course. There is no guarantee that any course will be run for more than two years and it is your responsibility to ensure that you complete the course within this time frame. You will be deemed to have commenced the first module of a course on the date that the Enrolment Notification is sent to you in accordance with paragraph 3.3 above. Failure to commence the final module of a course in accordance with the time scale explained in this paragraph will result in you being unable to undertake any remaining modules in that course. No refunds will be given for courses that are not completed.

9 Tutor Support

9.1 Tutor support is offered via telephone and email. Students requiring tutor support via the telephone must call the tutor support number. Calls made to other FX telephone numbers cannot be transferred and messages will not be returned or passed on. All calls answered will be by assessors and tutors who have qualified through an awarding body approved by the national sector skills council Skills Active or its successor (such as but not limited to Central YMCA Qualificatons). Tutor support will operate between the hours of 10.00 a.m. and 6 p.m. GMT (Monday to Friday) unless prevented for reasons beyond the control of FX. Some telephone calls may be recorded for training purposes.

9.2 Calls are charged at standard 0845 number national rates.

9.3 FX reserves the right to discontinue tutor support or to change the level of support including but not limited to costs, hours and method of service.

9.4 Whilst receiving tutor support you are required to conduct yourself appropriately. If you behave in a manner which in the opinion of FX is threatening, abusive, offensive or otherwise unacceptable, FX will have the right to bar you from all future tutor support.

10 Security and Data Protection

10.1 Access to and use of the FX website is through a user name and password. You are solely responsible in all respects for all use of and for protecting the confidentiality of the username and password that you selectfor use on our website. You may not share these with or transfer them to any third parties. You must notify FX immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

10.2 FX is registered under the Data Protection Act 1998 and complies with the Act and the data protection principles. You consent to FX processing your personal information for administrative, legal and management purposes. You consent to us making such information available to other companies within the FX group, our advisers and regulatory authorities. We do not disclose your information to third parties except as described. If you need to correct any information we are holding, please contact us through the website, by telephone, e-mail or post.

11 Applicability of Course Materials and Other Online Materials

11.1 Personal Use
Unless otherwise stated, text on our website and the Course Materials are presented solely for your private, personal and non-commercial use on one computer at a time. FX grants you a limited, non-exclusive and non-transferable licence to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines and other software associated with the Course Materials during the period you are enrolled on a course or module. You represent and warrant that you will not knowingly do anything that may prejudice FX’s interest in the Course Materials.

11.2 No Copying
When downloadable materials are provided by us you may only make a single copy for personal use. Otherwise, you may not download, print or store any Course Materials or send or show any copy thereof to anyone other than as authorised in these Terms and Conditions. In the event of any breach of this term:

(i) you will be liable to indemnify FX against any damage (including costs on an indemnity basis) which FX may suffer as a result of such breach; and

(ii) You will be denied any further use of our website and your enrolment will be cancelled.

11.3 Third Party Materials and Suitability of the Courses and Modules
Our website is controlled and operated by us from our offices in England. Where content published on the website is supplied by third parties (including material put up on our website by FX students), you understand that we do not screen, control or endorse their contents in any way. All content which is offered by third parties is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to the courses or modules you enrol on and which FX has created.

11.4 The website and Course Materials are provided on an “as is” basis and should the Course Materials or other services provided by FX prove defective and/or cause damage to your computer or inconvenience to you, you and not FX shall assume the entire cost and all damages which may result from any and all such defects. You assume total responsibility and risk for your use of our website and use of all information contained within it.

11.5 It is your responsibility to ensure that you are sufficiently fit, physically, mentally and emotionally, to undertake all components of the course as well as aerobic, anaerobic, resistance, flexibility, stability, muscular strength and endurance exercise. We recommend you obtain medical clearance from your GP prior to enrolment or before commencing any of the exercises contained with the course. It is your responsibility to notify us of any pre-existing medical conditions as well as any special assistance you may reasonably require prior to enrolment or before commencing any of the exercises contained with the course, and again if circumstances change throughout the period you are undertaking a course with FX.

You understand that this course involves exercise and that the body’s reaction to exercise cannot always be predicted with accuracy. Furthermore, you acknowledge that there are risks involved in performing physical activity including but not limited to musculoskeletal strains, pain and injury, and that certain abnormal changes may occur during or following exercise which may adversely affect blood pressure, cause heart attack or even death.

11.6 Enrolment on a course does not in any way guarantee successful completion or the attainment of the relevant certificate or qualification. It is your responsibility to ensure that the course or module is suitable for your purposes and career development.

11.7 Compliance with Law
We have used our best endeavours to ensure that our website complies with UK law.

12 Copyright and Exclusivity

The contents of our website (including Course Materials and any other materials that you may download as part of a course) are protected by international copyright laws and other intellectual property rights. The owner of these rights is FX or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of enrolling on and completing a Course. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, recordings, choreography, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example as part of the Course. Enrolment on a Course is personal to you and it is not possible to transfer your enrolment to another course or any other person.

13 Linking and Use of Cookies

13.1 Linked Sites
FX makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from FX and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that FX endorses or accepts any responsibility for the content, or the use of such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

13.2 No Linking to or Extraction of Data or Other Information from FX Site
Any linking to, deep linking to, or extraction from the FX Site without the written consent of FX in hard copy with original signature by a director of FX is strictly prohibited.

13.3 Liquidated Damages
Without prejudice to the generality of sub-paragraph 13.2, any third party contravening the provisions of sub-paragraph 13.2 shall be liable for liquidated damages to FX for the aggregate of twice the value of any services sold as a result of such unauthorised activity and all costs incurred by FX whatsoever in researching and dealing with the relevant breach of these Terms and Conditions.

13.4 Use of Cookies
As a result of viewing this website, some information may become stored on your computer. This information may be in the form of a ‘cookie’ or similar file which may help FX in many ways; for instance, to improve the content of the website or to improve the matching of users’ interests or preferences. If you do not want a cookie to be stored on your computer, most Internet browsers have functions to erase cookies from the computer’s hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing our website you consent to FX’s use of any information gathered for the purposes mentioned above.

14 Availability of our Website, Errors and Viruses

We will try to make our website available but cannot guarantee that our website will operate without interruptions, be error free or that the web site and its server are free of computer viruses or other harmful mechanisms. FX can accept no liability for our website’s unavailability or any errors or viruses that it can contain. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet-connected device.

15 Liability

15.1 FX’s Warranties
All implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the courses, our website or any information or service provided through our website are strictly excluded to the fullest extent possible under the laws of England and Wales. We will do our best to ensure that all Course Materials and information published on our website are accurate, but please note that all Course Materials and information on our website are provided on an ‘as is’ basis.

15.2 Exclusion of Liability
In relation to your enrolment on any FX course, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use, or performance of our website or its contents, including your enrolment on and participation in an FX course, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of FX or our servants, agents or any other person.

You agree to indemnify and hold FX harmless against any and all loss, liability, damage, cost or expense (including without limitation legal fees and disbursements) suffered by FX arising out of or connected in any way with any claim asserted or proceedings commenced by any third party against FX by reason of your breach of any obligations, representations or warranties agreed by you under these terms and conditions made by reason of the assertion of any claim which is inconsistent with any such obligation, representation or warranty.

15.3 Limit of Liability
If we are liable to you for any reason, our liability will be limited to the amount paid by you to date for the relevant course on which you are currently enrolled and as a result of which FX’s liability has arisen. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence nor for fraudulent misrepresentation.

15.4 User’s Responsibilities
You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

15.5 Legal Limitations
The limitations and exclusions in this clause only apply to the extent permitted by applicable law.

16 Notice Board and Chat Room

16.1 You acknowledge that any facility provided by FX to enable students to communicate with each other, such as a forum or chat room, is provided without liability to FX.

16.2 It is your responsibility to ensure that any information that you share with other users of the site is accurate and does not breach any third parties’ rights including trade mark, database rights, copyright or other intellectual property rights, nor is libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal nor infringers the rights of other people, such as privacy rights or is in any way illegal or unlawful. Bear in mind that the information you send us will be published on our site and can be viewed world-wide.

16.3 By sending us information you waive your moral rights to be identified as the author of it and also give FX licence to modify such information. We will assume that any information received is for publication on our website and such other use as FX, in its absolute discretion, may deem fit upon an exclusive, royalty-free, perpetual basis. We have the absolute right, at our sole discretion, to reject or to remove any information from our website.

17 You acknowledge that you shall be responsible for your omissions, errors or neglect when performing, conducting, teaching or instructing material you may have learned through FX and shall maintain public teacher liability insurance cover as appropriate for your business and professional qualifications.

18 General

18.1 Alterations
We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

18.2 Entire Agreement
These Terms and Conditions, together with your registration application and payment method instructions, if any, are your whole agreement in relation to FX and any service you obtain from FX. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by FX or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the relevant terms and conditions, registration form and payment method instructions.

18.3 Illegality
If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.

18.4 Jurisdiction
These Terms and Conditions and your use of our website are governed by English law and you submit to the exclusive jurisdiction of the English court.

18.5 Causes beyond Control
FX will not be held liable for any failure to perform any obligation due to causes beyond its reasonable control.

18.6 No Waiver
Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

19 Notices

All notices shall be given:

• to us via e-mail at admin@fitness-fx.com or
• to you at either the e-mail or postal address you provided upon or have updated since enrolment

Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

20 Replacement

These terms and conditions replace all other Terms and Conditions previously applicable to the use of our website.