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MEMBERSHIP TERMS & CONDITIONS

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1. INTERPRETATION

 

Definitions:

  • “Registration Form” means the form to be completed and submitted to Us in order to request to become a Member.

  • “Classes” means an Introduction Class, or any of PowerWatts 45, PowerWatts 60, PowerWatts 90, or other indoor cycle training classes offered from time to time at any PowerWatts Indoor Cycle Studio.

  • “Class Credit” means one unit of credit which Members may redeem in order to book and attend PowerWatts Classes.

  • “Events” means any events held by PowerWatts either on-site at a PowerWatts Indoor Cycle Studio or elsewhere from time to time, including our Community Ride Outdoors events.

  • “Member” means the person or company who is named on the Registration Form and for whom, following acceptance, We have agreed to provide services to in accordance with these terms.

  • “Membership” means the period of time when a Member is contracted to PowerWatts.

  • “Membership Fee” means the direct debit payment made by the Member to PowerWatts to become a Member for a Membership Term. 

  • “Membership Plan” means the type of Membership selected by the Member at the time of joining and on a rolling basis each month thereafter, as set out on the Website at the following link: https://www.powerwatts.bike/plans-pricing. 

  • “Membership Term” means a period of one month (four weeks), which is renewable on a monthly basis by payment of the Membership Fee, and terminable by either party in accordance with these terms.

  • “PowerWatts” / “We” / “Us” / “Our” means PowerWatts UK Limited, correspondence address of 71 Queen Victoria Street, London, United Kingdom, EC4V 4BE, company number 10910169.

  • “Service” means the service provided by PowerWatts and set out in clause 3 of these Terms and Conditions.

  • “Terms and Conditions”: means the terms and conditions of Membership as set out in this document.

  • “Website”: means PowerWatts’ website: https://www.powerwatts.bike/. 

  • “You” / “Your” / “Yours” means the Member.

 

2. AGREEMENT TO THESE TERMS

The Member confirms that it has read and agrees to be bound by these Terms and Conditions. 

A copy of these Terms and Conditions should be retained by the Member for future reference and can be found here: https://www.powerwatts.bike/termsandconditions. 

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3. SUPPLY OF THE SERVICE

3.1 We shall provide the following Services to the Member:

(a) Ability to attend Classes at the regularity specified in the Member’s applicable Membership Plan; and

(b) Coach-led studio-based training, utilising the PowerWatts system and technology to encourage consistent performance improvement throughout the Membership Term.

3.2 All Classes have limited capacity and are booked on a first-come, first-served basis. Members are able to ‘mix and match’ the types and timings of their Classes subject to availability, as specified in their Membership Plan.

3.3 We shall use Our reasonable endeavours to provide the Service within the times advertised on Our website. 

3.5 We may at any time without notifying the Member make any changes to the Service which are necessary to comply with any safety or other statutory requirements and/or which do not materially affect the nature or quality of the Service.

3.6 Any other changes or additions to the Service or to these Terms will be notified to the Member in writing by PowerWatts.

 

4. MEMBERSHIP TERM AND PAYMENTS

4.1 Upon the expiry of each Membership Term, the Membership will automatically renew for a subsequent Membership Term by direct debit payment of the Membership Fee, unless Membership has been terminated in accordance with clause 6 below.

4.2 If we're unable to collect a Membership Fee on the due date, we shall make a second attempt to collect payment three days thereafter. If we are still unable to collect the Membership Fee, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the date of the second attempt to collect payment (being seven days after the due date, as above), until the date of actual payment of the overdue amount, whether before or after judgment. The interest is payable together with any overdue amount.

4.3 All charges quoted to the Member for the provision of the Service are inclusive of VAT.

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5. WARRANTIES AND LIABILITY

5.1 PowerWatts warrants to the Member that the Service will be provided using reasonable care and skill. Where we use the service of any agent or third party (for example, Freelance Coaches, or guest speakers at Events), We do not give any warranty, guarantee or indemnity in that respect or in any way on their behalf.

5.2 Except in cases of death or personal injury caused by Our negligence, We shall not be liable to the Member by reason of any representation (unless fraudulent or negligent) for any loss of profit or any indirect, special or consequential loss, damage costs, expenses or other claims (whether caused by Our negligence or that of Our agents or otherwise) which arise out of or in connection with the provision of the Service.

5.3 We shall not be liable to the Member or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of Our obligations in relation to the Service, if the delay or failure is due to any cause beyond Our reasonable control, and time shall not be of the essence. 

5.4 In respect of any of Our Classes or any Event cancelled by PowerWatts for any reason whatsoever, Our liability shall be limited to the Class Credit which shall be refunded to the Member’s Account within 14 business days from notice of cancellation to the Member.     

 

6. TERMINATION OF MEMBERSHIP

6.1 The Member may terminate the Membership on one-months’ written notice to PowerWatts in accordance with clause 8. If notice is given during the Membership Term, the Member will not be refunded the Membership Fee for that Membership Term or any proportion of the same.

6.2 Either party may at any time terminate the Membership by immediate written notice if the other commits any material breach of these Terms and Conditions or goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors, or has a receiver or administrator appointed.

6.3 Members agree to conduct themselves in a courteous manner and treat other members/participants, staff, and coaches with respect at all times. 

6.3.1 We reserve the right to suspend the Member in the event of complaints from others (being the subject of which would constitute a breach of these Terms and Conditions) in Our sole discretion.  

6.3.2 We have a zero-tolerance approach to aggressive behaviour and verbal or physical harassment and abuse towards our staff, coaches, and other members/participants. If, in Our sole opinion, We determine that You exhibit or have exhibited aggressive, harassing, or abusive behaviour, We reserve the right to terminate Your Membership with immediate effect. You will not be entitled to any refund upon a termination of Your Membership in these circumstances.

6.4 Upon termination of the Membership for whatever reason, all sums owed by the Member to Powerwatts shall become due and payable by the Member with immediate effect.

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7. GENERAL

7.1 If a Member decides to cancel their Membership, We will remove their ability to access Classes and Events unless or until the Member either rejoins as a Member or has in place another applicable Membership Plan.

7.2  Members hereby give express permission for their details to be added to our database for contact and marketing purposes. 

7.3 Membership is at Our sole discretion, and We reserve the right to refuse Membership.

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8. NOTICES

8.1 Any notice to PowerWatts is to be sent in writing to PowerWatts, Unit 16 Sea Lanes, Madeira Drive, Brighton, BN2 1EN or by email to info@powerwatts.bike. 

8.2 Notices to the Member will be sent to the address provided on the Registration Form, unless we are otherwise informed in writing. 

8.3 The provisions of this clause 8 shall not apply to the service of any proceedings or documents in any legal action.

 

9. ENTIRE AGREEMENT

9.1 These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

9.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.

 

10.  VARIATION

No variation of Membership shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

 

11.  THIRD PARTIES

No one other than a party to these Terms and Conditions shall have any right to enforce any of its terms.

 

12.  GOVERNING LAW

These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with, the law of England and Wales.

 

13.  JURISDICTION

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.
 

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