I understand and agree that by signing below I am confirming that

• I am physically able to take part in physical activity/exercise, and that
• I accept the terms & conditions of attached.

HITZone Studio
Membership Terms and Conditions

These Membership Terms and Conditions (“Terms”) set forth the agreement between The HITZone Ltd, a company based in Telford (“HITZone”, “we”, “our”, and “us”) and each client (“Member”, “you”, or “your”) joining and making use of the HITZone studio. These Terms are executed from today. (“Effective Date”).

HITZone is a fitness studio offering group and individual fitness sessios. This Agreement entitles the Members to have access to HITZone’s facilities (including where available, but not limited to) lockers, changing rooms and showers, exercise equipment, HIT Machine technology and to participate in the fitness classes/training (the “Services”).

Please review these Terms thoroughly as it is a legal contract between The HITZone Ltd (“HITZone”, “we”, “our”, and “us”) and all Members. By using the Services offered by HITZone, you agree to be bound by these Terms.

1. HZ90 Programme

1.1 For a Member to use the Services provided by HITZone, a Member must (i) complete the Membership Application Form (attached hereto as Schedule A), and (ii) have an active HZ90 programme

1.2 A Member may only use the HITZone Services providing that all fees have been paid, unless agreed otherwise by HITZone.

1.3 You shall have a period of seven (7) calendar days from the date of submitting your Membership Application Form to HITZone, in which to cancel your chosen Membership Plan (defined below) and receive a full refund of the paid Membership Plan fees (as provided under Schedule A).

2. HZ90 Progamme


2.1 HITZone provides its Members with the option to pay for the programme either:

(i) in advance, whereby your HITZone Programme shall terminate automatically on expiry of the Commitment Period (“Upfront Payment”).

(ii) monthly payment plan, whereby your HITZone Programme shall terminate automatically on expiry of the Commitment Period (“Upfront Payment”).

2.3 A valid payment method, including credit card, debit card or bank transfer is required to process the payment for the HITZone Programme. You shall provide HITZone with your full name, business name (if required), address, postal code, telephone number, and a valid payment method. By submitting such payment information, the Member automatically authorizes HITZone to charge all applicable Subscription Plan fees incurred by the Member to any such payment method.

3. HZ90 Progamme Fees


3.1 The Subscription Plan fee (as provided under Schedule A) includes a monthly or yearly fee which varies according to the Subscription Plan the Member selects.

3.2 The Member shall pay HITZone all the associated fees for their selected Subscription Plan on time. Payments are non-refundable.

3.3 Payment Method. You shall provide HITZone with accurate and complete information to enable a valid payment method. The Member warrants that they are authorized to use their credit card, debit card or bank transfer facility as a payment method and are to notify HITZone of any changes to their billing address. The Member acknowledges and agrees that the Membership Plan which the Member has purchased using a debit or credit card with a recurring payment or continuous payment authority (“CPA”), shall be debited each and every month, using the same Member’s debit or credit card for the Monthly Subscription Payment. Member’s CPA can be cancelled at any time by either informing HIITZone in writing or by cancelling the authority with your debit or credit card's issuing bank. The Member’s chosen Membership Plan shall end on the following payment due date, once the CPA is cancelled.

3.4 By completing the required Membership Application Form for a specific Subscription Plan, the Member acknowledges and agrees to authorize HITZone or its agent to charge the Member’s payment method on a recurring monthly or annual basis for the applicable Subscription Plan fee for the duration of these Terms or until termination of these Terms as set forth below.

3.5 Missed / Late Payments: If HITZone does not receive payment from the Member’s verified payment method on the due date, we shall notify you via e-mail. A once-off non-payment fee of fifteen pounds sterling (£15,00) may be charged by HITZone for this email notification.

Should a Members automated payment method fail, HITZone’s system shall automatically attempt payment collection for a further five (5) consecutive calendar days. After five (5) calendar days of continued payment failure, HITZone may, at it’s absolute discretion, cancel your Membership Plan immediately, without further notice. Should the Member wish to re-join HITZone’s studio, the then current Membership fees and applicable joining fees shall apply.

All amounts due from the Member shall be due to HITZone upon demand. Unpaid and/or overdue membership fees shall bear interest equal to 1.5% of the unpaid balance per month or the highest rate as permitted under applicable law, and shall be legally recoverable from you by HITZone.

3.6 Membership Fee Changes: HITZone may, at its sole discretion and at any time, modify the Membership Plan fees. Your Membership Plan fee will be fixed for the of your initial agreement with us. If you choose to renew your Membership Plan, the fees current at the date of renewal shall apply. If you are on a rolling membership (i.e. a Monthly Membership Payment option, continuing without renewal beyond the minimum term) the Monthly Membership Payment will be adjusted to the new fees at the end of the then-current billing cycle. HITZone shall provide the Member with reasonable prior thirty (30) days’ notice of any change in Subscription Plan fees to give you the opportunity to terminate your Subscription Plan before such change becomes effective. The Member’s continued use of the Services after the Subscription Plan fee change comes into effect shall constitute the Member’s agreement to pay the modified Subscription Plan fee amount.

3.7 HITZone does not guarantee that the Subscription Plans offered will be offered indefinitely, and reserves the right to change the Subscription Plan fees and to alter the features and options for a particular Subscription Plan.

4. Suspending, Cancelling or Transferring Your Membership Plan

4.1 Suspending your Membership:
(i) Medical Suspension:
If the Member has a medical condition which prevents them training temporarily, the Member may suspend their Membership. HITZone will require proof of your medical condition (i.e. doctor’s certificate) which includes the doctor’s recommendation for how long the member should avoid vigorous exercise. The Membership will be suspended for the fixed period recommended in the medical advice. The initial suspension may be extended if necessary on provision of a further doctor’s certificate.
4.2 Cancelling your Programme:

(i) Early Cancellation:

If you wish to cancel your Programme before the end of your minimum term for a reason not included under Clause 5 below, you must inform us in writing immediately. You will be liable to any and all payments for the remainder of your Membership Plan Commitment Period in full.


(ii) Cancellation for Medical Reasons, Relocation or Redundancy:

HITZone may, at its sole discretion, allow you to cancel your Membership Plan prior to the end of the applicable Commitment Period if you:

(a) have a medical condition that stops you from attending training classes at HITZone.
(b) relocate to a distance of more than 30 kilometres from HITZone’s business location/studio (as measured by Google Maps).
(c) are subsequently made redundant.

You shall provide HITZone with the necessary and relevant proof of the above circumstances and upon receipt of such proof, the Member’s Membership Plan will be cancelled from the next billing cycle date. You are solely responsible for ensuring that HITZone receives your written notice within thirty (30) calendar of the occurrence or of you being notified of the above circumstance, and for providing HITZone with the relevant proof.

Cancellation at the written request of the Member under this Clause 4.2(ii) shall be at the sole and exclusive discretion of HITZone.

4.3 Transferring Your Programme

The Member’s chosen Programme is personal to the Member and cannot be assigned or transferred to another individual or entity.

5. HITZone’s Right to Cancel Your Programme

HITZone reserves its right to cancel your Membership Plan with immediate effect should you:

(i) breach any of the provisions in these Terms;

(ii) put the health, safety or wellbeing of other members or our employees at risk;

(iii) allow a third party to use your Membership Plan to attend classes/training sessions;

(iv) engage in disruptive or violent behaviour; or

(v) be engaged with or conduct any other activity which HITZone, at its sole discretion, deems as a reasonable reason to cancel your Membership Plan.

In the event of cancellation under this Clause 5, no Membership Plan fees will be refundable for Upfront Membership Plans. For Monthly Membership Plans, no Membership Plan fees paid to HITZone to the date of such cancellation shall be refundable, and the balance of all Membership Plan fees due from the date of cancellation under this Clause 5 until the expiry of the relevant Commitment Period shall become immediately due and payable by the Member to us.

6. Training Sessions / Classes

6.1 HITZone reserve the right to change our opening and closing hours, training session/classes and other services, and timetable at any time. Should we be removing or changing a training session/classes on the timetable we will give all Members a minimum of fourteen (14) calendar days’ notice of the change via the Members online Facebook group, and via notices displayed in the HITZone studio.

6.2 Members are solely responsible for the booking and cancelling of their training sessions/classes. You may cancel a training session/class which you have booked at any time. Where cancellations are received by HITZone less than twelve (12) hours in advance of the start of the booked training session/class (“late cancellation”), you will be unable to rebook the training session/class and so will forfeit one of your training sessions/classes in the current training session/class week of the Membership Plan.

6.3 Sessions/classes will start on time. If you arrive for a session/class after the scheduled start time, HITZone may be unable to accommodate you in that training session/class. This will be classified as a late cancellation as per Clause 6.2 above.

7. Members Conduct

7.1 HITZone is committed to the health, safety, and welfare of each of its Members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behaviour. Any Member who does not observe HITZone’ rules and regulations, or who abuses HITZone’s facilities or equipment in any fashion, will be asked to leave the premises immediately. The Member shall be liable to pay for any damages to HITZone property which results from the wilful or negligent conduct of any Member, Member’s guest, or Member’s dependent child. HITZone may also, at it’s absolute discretion, take such further measures as it deems appropriate. This right includes, but is not limited to termination of a Membership Plan without refund to any member engaging in unacceptable behaviour.

8. Agreement to Participate and Assumption of Risk

8.1 By joining HITZone, booking and/or attending classes/sessions, and using the premises, facilities and equipment of HITZone, you hereby acknowledge that there are certain inherent risks and dangers in participating in the Services provided by HITZone.

8.2 You also acknowledges that some of the risks associated with participation in the Services cannot be eliminated regardless of the care taken by HITZone to avoid injuries.

8.3 At all times, you shall comply with all stated and customary Terms, posted safety signs, rules, and verbal instructions given to you by HITZone staff. If in the subjective opinion of HITZone staff, you would be at physical risk participating in HITZone's training sessions/classes, you understand and agree that you may be denied access to the training sessions/classes until you furnish us with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing HITZone's concerns and stating that HITZone's concerns are unfounded.

8.4 In consideration of being allowed to participate in and access the Services, you hereby (i) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the training sessions/classes, (ii) release, indemnify, and hold harmless HITZone, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Services, and (iii) represent that you (a) have no medical or physical condition that would prevent you from properly using any of HITZone’s Services, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using HITZone's Services, and should not be participating in any training session/class.

9. Your Personal Information and Photo/Video Release

9.1 HITZone takes our responsibility for looking after your personal information very seriously. As such, we will not share your personal information with any third party or entity. You shall be responsible for informing HITZone of any changes to your personal information.

9.2 We will retain all personal information in relation to a Member for an indefinite period and in accordance with relevant data protection legislation. You agree to receive communications, news and information from HITZone for an indefinite period, unless you instruct HITZone that you wish to be unsubscribed from our mailing list or that your personal information is to be removed from our system.

9.3 The Member hereby grants HITZone, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at HITZone and to use and publish these photos or videos in print and/or electronically. You agree that HITZone may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content. By executing these Terms, you give your consent for photographs and videos in which you appear to be used for the purposes specified under this Clause 9.3. Should you not wish for your photographs or videos to be used in this way, you are to inform HITZone’s studio manager in writing.

10. Modifications to these Terms

HITZone reserves the right, at its sole discretion, to modify or replace these Terms. We shall provide the Member with at least thirty (30) calendar days’ notice of any significant changes to these Terms which may affect your Membership Plan with us. Your continued use of the Services following the posting of any changes to these Terms shall be subject to the newly modified Terms.

11. Limitation of Liability

11.1 HITZone’s cumulative liability under these Terms shall in no event exceed the amounts paid to HITZone by the Member for the Services giving rise to such claim during the prior three (3) month period.

11.2 EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, NEITHER PARTY SHALL BE LIABLE IN CONNECTION WITH THESE TERMS FOR ANY: FEE INCREASE, BUSINESS, PRODUCTION, REVENUES, OR PROFITS LOST, REPUTATIONAL LOSS, DAMAGED GOOD WILL, USE, INABILITY TO USE, DELAY, INTERRUPTION, LOSS OR RECOVERY OF ANY SERVICES, OR ANY THIRD PARTY MATERIALS; DATA OR SYSTEM SECURITY BREACH, CORRUPTION, DAMAGE OR RECOVERY; THE SERVICES; OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, COSTS, EXPENSES OR LIABILITY UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, NEGLIGENCE, AND STRICT LIABILITY.

12. General Provision

12.1 Relationship of the Parties

The Parties are independent contractors under these Terms and expressly disclaim any partnership, franchise, joint venture, agency, employer/employee, fiduciary or other special relationship. Neither Party intends these Terms to benefit, or create any right or cause of action in or on behalf of, any person or entity other than the Parties. These Terms are not intended to create a third-party beneficiary of any kind. You must not represent to any third party that it has any right to bind us in any manner and you will not to make any representations or warranties on our behalf.

12.2 Severability

If a court holds that any provision of these Terms is invalid or unenforceable under applicable law, the court will modify the provision to the minimum extent necessary to make it valid and enforceable or, if it cannot be made valid and enforceable, the court will sever and delete the provision from these Terms. The change will affect neither the validity of the amended provision nor the validity of any other provision of these Terms, which will continue in full force and effect.

12.3 No Waiver

A Party’s failure or delay in enforcing any provision of these Terms will not operate as a waiver of the right to enforce that provision or any other provision of these Terms at any time. A waiver of any provision of these Terms must be in writing, specify the provision to be waived and signed by the Party agreeing to the waiver.

12.4 Force Majeure

A Force Majeure event means any event beyond a Party’s reasonable control that, by its nature, could not have been foreseen or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), acts of God, war, riot, embargoes, acts of civil or military authorities, acts of terrorism or sabotage, shortage of supply or delay in delivery by our vendors, fire, flood, earthquake, accident, radiation, inability to secure transportation, failure of communications or energy sources, malicious damage, breakdown of plant or machinery, or default of suppliers or sub-contractors.

Neither Party is liable for delays or failures to perform any of its obligations under these Terms to the extent caused by a Force Majeure Event.

12.5 Amendments

The Member agrees that these Terms shall supersede all prior agreements and shall not be modified by either Party except in writing and by agreement between both Parties.

12.6 Assignment

Neither these Terms nor any rights under these Terms may be assigned or otherwise transferred by the Parties, whether voluntarily or by operation of law, without the prior written consent of HITZone. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the Parties and their respective successors and assigns. Any assignment in violation of the foregoing will be null and void.

12.7 Exclusivity

The Parties’ respective obligations under these Terms are non-exclusive and nothing herein is intended to restrict Member as to the purchase or use of any other entity’s services, even if such services are similar to the Services provided by HITZone hereunder. Nothing herein is intended to limit HITZone’s right to offer its Services to other members.

12.8 Counterparts

These Terms may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same agreement. Delivery of an executed counterpart of these Terms by electronic transmission or any other reliable means shall be effective for all purposes as delivery of a manually executed original counterpart. Either Party may maintain a copy of these Terms in electronic form.

12.9 Notices

Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, courier or to jodi@hitzoneglobal.com

12.10 No Third Party Beneficiaries

These Terms are made and entered into for the sole benefit of the Parties. Nothing in these Terms, express or implied, is intended to or shall confer on or create to any other person or entity any legal or equitable right, benefit, or remedy of any kind whatsoever.

12.11 Governing Law

These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of England and Wales, and the Parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

12.12 Entire Agreement

These Terms represents the entire agreement between the Parties relating to the subject matter hereof. These Terms alone fully and completely expresses the agreement of the Parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written or oral, except as set forth herein.