Terms & Conditions

1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.

1.2 Services. References to “Services” in these terms means the training, coaching and/or related services you purchase from us which may comprise one or more of the following (as agreed in writing between us):

• (a) Personal Training – one-to-one or one-to-two sessions with a Cave Coach trainer, together with nutritional advice;
• (b) Virtual Training – one-to-one sessions with a trainer through Cave Coach, together with nutritional advice;
• (c) Group Training – group training sessions with a Cave Coach trainer;
• (d) Online Personal Training – one-on-one coaching session using Cave Coach exercise programs, nutritional guidelines and advice via distance communications; and
• Reference in these terms to a “Session” means an individual Personal Training session with a Cave Coach at any gym, Group training session with a Cave Coach at any gym, or a Virtual Training session.

1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2. Our Contract With you

2.1 How we will accept your order. Our acceptance of your order will take place when we notify you in writing (usually by email) to tell you that we are able to provide you with the Services, at which point a contract will come into existence between you and us.

2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Services or because we are unable to provide you with Services based on information you provide to us, including in respect of your health and medical background in which case we will provide an explanation to you.

3. Physical Activity Readiness Questionnaire (referred to as PARQ)

3.1 You confirm that you have read, understood and answered the health questionnaire honestly and in good faith. You agree that we are entitled to refuse to provide Services to you, or cease providing Services to you, if the information provided in the health questionnaire is incomplete or inaccurate, or because the information you have provided in the health questionnaire means that it may be unsafe for us to provide Services to you.

3.2 If you have not filled it out, go to http://eparmedx.com/wp-content/uploads/2022/01/ParQ-Plus-Jan-2022-Fillable.pdf and email results to

frontdesk@cavefitclub.com

4. Your responsibilities on arrival and cancellation.

4.1 If you cancel a session within 24 hours or less of the start time you will forfeit that session. You must notify your trainer via email that you need to cancel and/or reschedule your session more than 24 hours before its start time. A rescheduling of a session that is done less than 24 hours of its start time is considered a cancellation. Make all necessary schedule changes more than 24 hours in advance to avoid any forfeiture of sessions.

4.2 Arrive to your session 5 minutes early so that you are ready to start on time. If you are late we cannot guarantee your full workout will be completed.

4.3 If you arrive more than 10 minutes late to a session without contacting your trainer, they reserve the right to leave the gym and you will forfeit the session. Always contact your trainer prior to its start time if you feel you will be, or could be, late.

5. Health and Safety Terms

5.1 You understand and agree that:
• (a) any nutritional guidance provided to you is targeted at body composition and not at any medical issues or concerns you may have;
• (b) the human body is complex and unpredictable and so provision of the Services carries an inherent risk of physical injury to you.

5.2 You confirm that:
• (a) to the best of your knowledge, you are medically and physically able to safely participate in the Services; and
• (b) you will update us throughout the Services of any changes to your health and about any medical issues that arise, including if you feel unwell and irrespective of whether you feel the issue to be minor, trivial or irrelevant. This applies to all conditions, issues and concerns whether or not you have received a medical diagnosis.

5.3 We strongly recommend that you seek and obtain the advice of a competent, qualified medical professional before you begin using the Services to identify any health or medical issues you have that may affect your use of the Services and to make sure that the Services are appropriate to you. You agree that, subject to clause 13.2, we shall not be liable for any injury or harm you suffer as a result of your use of the Services including where you have chosen to ignore our advice and use the Services without seeking and obtaining medical advice.

5.4 Any advice that you receive from us relates to exercise and nutrition for body composition purposes and is not a substitute for advice from a medical professional.

6. Your rights to make changes

6.1 If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services, the timing of the Services or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

7. Our rights to make changes

7.1 Minor changes to the services. We may change the Services:
• (a) From time to time we may need to make changes to your allocated trainer;
• (b) to reflect changes in relevant laws and regulatory requirements;
• (c) to implement minor adjustments and improvements; and
• (d) if your medical and health situation changes to an extent that requires amendments to the Services.

8. Providing the Services

8.1 When we will provide Sessions. When we confirm your order by email we will confirm the number of Sessions you have purchased (if applicable) and the dates by which those Sessions should be used. If you do not use the Sessions within the specified timeframes, we are under no obligation to provide you with alternative Sessions.

8.2 For Sessions related Services, we reserve the right to refuse to provide the service if you have not made payment. Sessions will only be completed on the basis that you have available credit in your account to pay for the session. In the event you have set up an autopayment, we will contact you if this payment fails for any reason.

8.3 For Services other than Sessions, we may also suspend the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 12.2 and 12.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend provision of the Services (including, where relevant, suspension of your subscription) until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not charge you for the Services during the period for which they are suspended.

8.4 We are not responsible for delays outside our control. If our performance of the Services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, and subject to section 13.2, we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.

8.5 Availability of facilities used as part of the Services. We cannot guarantee that all the facilities at any Cave Fit Club are available at all times. They may be unavailable due to maintenance issues, due to equipment breakdown, or due to group training clients using them (we will provide substitutes as needed). Subject to clause 13.2, we do not have to pay you compensation for any service, facility or equipment being unavailable.

8.6 Reasons we may suspend the Services. We may have to suspend the Services to:
• (a) deal with problems with facilities or equipment;
• (b) update the Services to reflect changes in relevant laws and regulatory requirements; or
• (c) make changes to the Services as requested by you or notified by us to you.

8.7 Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services unless the problem is urgent or an emergency.

9. Your rights to end Personal Training Sessions

 

9.1 For Sessions related Services, you can always end the contract after your last paid session has been used. You may contact us at any time to end services at any time. Sessions that are not used will not be refunded.

9.2 What happens if you have good reason for ending the contract. If you are ending your personal training for a reason set out at (a) to (d) below, we will refund you in full for any Services which have not been provided or have not been properly provided. The relevant reasons are:
• (a) we have told you about an upcoming change to the Services or these terms which you do not agree to, this does not include any minor change described in clause 7.1;
• (b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
• (c) there is a risk the Services may be significantly delayed because of events outside our control; or
• (d) you have a legal right to end the contract because of something we have done wrong.

9.3 What happens if you cancel Sessions. We reserve the right to forfeit any booked Session which is cancelled with 24 hours’ notice or less or which you do not cancel and fail to attend. To avoid incurring a forfeited session, we will need written, printable proof that a booked Session was cancelled with more than 24 hours’ notice.

9.4 Failing to attend a Session. If you fail to attend scheduled Sessions or to contact your Cave Coach trainer you will forfeit that session credit. We reserve the right to re-allocate your Trainer and you may lose your preferred Session slots. You may need to wait for a Trainer to become available to resume your Sessions.

10. Our rights to end Personal Training Sessions

 

10.1 We may end Personal Training Services. We may end services at any time by writing to you if:
• (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due – please see section 12.2 and 12.3 for further information;
• (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, completion of the health questionnaire; or
• (c) you do not use the Services by the expiration dates notified to you in writing as explained in more detail in sections 8.1 and 8.2 above.

10.2 We may stop providing the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 14 days in advance of our stopping the Services and will refund any sums you have paid in advance for Services which will not be provided. In exceptional circumstances, at our discretion, we reserve the right to stop providing Services with immediate effect.

11. If there is a problem with the services

11.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us by emailing frontdesk@cavefitclub.com.

 

11.2 Nothing in these terms will affect your legal rights.

 

12. Price and payment

12.1 Where to find the price for the Services. For Sessions related services, we will notify you in writing (usually by email) of the price payable for the Services as well as the date on which the first payment is due (the “Initial Due Date”). The price we quote to you will be valid until the Initial Due Date. If we have not received payment by the Initial Due Date, the price of the Services may change.

12.2 When will you be charged? We will bill the card on file for your training package amount at the sooner of the Sessions expiring, or when you have 0 sessions in your account. Nutrition coaching is not a reoccuring expense, you will only be charged for the full amount upfront. 

12.3 When is the expiration date? Personal Training Sessions must be used in 15 weeks. This allows you 3 extra weeks of unforeseen schedule changes to ensure all sessions are used. Hybrid Training Sessions must be used within the 12 week commitment, and they do not roll over.

12.4 What to do if you think an incorrect payment has been taken from your account. If you think an incorrect amount has been taken from your account by direct debit, please contact us promptly to let us know.

13. Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us in writing during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable skill and care.

13.3 We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity

13.4 Our other liability. Subject to clause 13.2 and without prejudice to clause 13.3, our total liability to you for any one event or series of related events shall be limited to a sum equal to 150% of the total amount paid by you for the Services giving rise to the liability in the 12 months preceding the date on which the liability first arose.

14. How we may use your personal information

14.1 How we will use your personal information. We will use the personal information you provide to us to:
• (a) provide the Services;
• (b) process your payment for such Services; and
• (c) if you agreed to this during the order process, to inform you about similar products and services that we provide, but you may stop receiving these communications at any time by contacting us.

14.2 The terms of our privacy policy apply to all personal data we process as a result of providing Services to you.

15. Other important terms

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 3 months of us telling you about it and we will refund you any payments you have made in advance for Services not provided.

15.2 Your transfer of rights. You may only transfer your rights or your obligations under these terms to another person with our written consent.

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Texas law and you can bring legal proceedings in respect of the services in the Texas courts.