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Club Energize Terms and Conditions


By attending Low Fu Fitness, Low Fu Kids & Peewees and Low Fu Kung Fu & Kickboxing classes you agree to the following:

“I understand that the practice of Low Fu Fitness and Low Fu Kung Fu & Kickboxing is entirely at my own risk. I shall not hold Low Fu Fitness or its instructors responsible for any injury I may sustain. “


Low Fu Fitness:

Low Fu Fitness membership, standing orders and class payments are non transferrable and non refundable.

Low Fu Fitness monthly payments will only be accepted via standing order and are available only to Low Fu Fitness members.

It is the responsibility of the student to cancel standing orders if training ceases.

Low Fu Membership expires only when a period of 3 years has elapsed since the last Low Fu class attended.

Changing standing orders to a different monthly payment is done by either the student contacting their bank, online banking, or by giving their bank a new standing order form.

Should a standing order be refused by the bank for any reason, any costs incurred by Low Fu will be payable by the student.

Returned cheques will incur an admin charge of £10 per cheque.

We reserve the right to alter class times and amend/close classes as necessary. We do not run classes on Bank Holidays except at our discretion.

We reserve the right to refuse entry into Low Fu Fitness classes.

All months referred to are calendar months.

From time to time Club Energize take photographs at Low Fu Fitness for record keeping and to be used for Club Energize publicity. If students prefer for their photograph not used for publicity they must notify Club Energize via email lowfu@me.com.

Low Fu Colours re-submissions must be made within 30 days from date of previous submission for that Low Fu Colour.


Low Fu Kung Fu & Kickboxing:

After two 'pay as you go' sessions at Low Fu Kung Fu & Kickboxing, students must pay for membership and set up a standing order monthly payment.

Low Fu Kung Fu & Kickboxing monthly payments will only be accepted via standing order.

If joining part way through a month, adults pay for the remainder of the first month as a one off lump payment whilst their standing order is being processed ready for the first day of the following month.

Low Fu Kung Fu & Kickboxing membership, standing orders and class payments are non transferrable and non refundable.

It is the responsibility of the student to cancel standing orders if training ceases.

Changing standing orders to a different monthly payment is done by either the student contacting their bank, online banking, or by giving their bank a new standing order form.

Should a standing order be refused by the bank for any reason, any costs incurred by Low Fu will be payable by the student.

Returned cheques will incur an admin charge of £10 per cheque.

We reserve the right to alter class times and amend/close classes as necessary. We do not run classes on Bank Holidays except at our discretion.

We reserve the right to refuse entry into Low Fu Kung Fu & Kickboxing classes.

All months referred to are calendar months.

From time to time Club Energize take photographs at Low Fu Kung Fu & Kickboxing for record keeping and to be used for Club Energize publicity. If students prefer for their photograph not used for publicity they must notify Club Energize via email lowfu@me.com.


Low Fu Kids & Peewees:

After two 'pay as you go' sessions at Low Fu Kid & Peewees, students must pay for membership and term fees.

The two trial payments are offset from the first term payment. If there are 4 or less weeks remaining of the first term, these can be paid at the ‘pay as you go’ rate as a one-off lump payment and term payments start the following term.

Low Fu Kids & Peewees terms payments are made via cash, cheque, BACS, or online at www.clubenergize.com

10% off total Low Fu Term Fees for 3 or more children from one family attending Low Fu Kids & Peewees.

Term payments are due on the first lesson attended each term. An administration fee of £12 is applied to term payments made after members have attended two Low Fu Kids & Peewees classes in the term without payment being made in full.

Low Fu Kids & Peewees membership, term fees and class payments are non transferrable and non refundable.

If your child is likely to be absent for 4 consecutive weeks, you must notify the club and confirm that your child still wishes to remain a member. Failure to inform us will result in your club membership being cancelled. Should you wish to return to the club after this 4 week period, you will be required to apply for new membership at the current membership rate.

Returned cheques will incur an admin charge of £10 per cheque.

We reserve the right to alter class times and amend/close classes as necessary. We do not run classes on Bank Holidays except at our discretion.

We reserve the right to refuse entry into Low Fu Kids & Peewees classes.

From time to time Club Energize take photographs at Low Fu Kids & Peewees for record keeping and to be used for Club Energize publicity. If parents/students prefer for their/their child’s photograph not used for publicity they must notify Club Energize via email lowfu@me.com.


Low Fu Fitness, Low Fu Kung Fu & Kickboxing and Low Fu Kids & Peewees class rules:

Students are required to abide by club rules at all times.

Students are expected to conduct themselves with the discipline of a martial artist and are required to show respect to both instructors and other students.

On entering or leaving the training room all Low Fu Kung Fu & Kickboxing and Low Fu Kids & Peewee students must pay respects to the dojo.

At Low Fu Kung Fu & Kickboxing and Low Fu Kids & Peewee classes the instructor is to be referred to as Sir, Miss or Sensei respectively, unless told otherwise.

The instructor’s word is final.

Students must be appropriately dressed for exercise.

No eating, smoking, consumption of alcohol, or chewing gum.

Bad language is not permitted in the class or in the vicinity of the class.

Long hair to be tied back and jewelry removed.

Finger nails and toe nails to be kept short and clean in accordance with good personal hygiene.

No ball games are to be played in or around the training area.

Mobile phones etc. must be turned off.

Only those taking part in the class are permitted in the training area; friends, relatives and partners are not permitted unless told otherwise.

Complaints must be formally brought to the Club Energize in writing via lowfu@me.com


Low Fu Grading, Low Fu Grading Preparation, Low Fu Challenge, Low Fu Challenge Preparation, Low Fu Training Day, Low Fu Personal Training:

All payments are non transferrable and non refundable.

Payment must be made at the time of booking, and within the specified time.

Payments made after the specified time will incur an administration fee of £10 or refused permission to enter.

Any excessive force used at any event will result in disqualification/expulsion.

All students must wear full gi and correct equipment including boxing gloves, shin pads, gum shield, head guard, booties and groin guard for Low Fu Kung Fu & Kickboxing and Low Fu Kids & Peewees events.

We reserve the right to refuse entry into Club Energize events.

Returned cheques will incur an admin charge of £10 per cheque.

We reserve the right to alter times and amend dates if deemed necessary.

Complaints must be formally brought to the Club Energize in writing via lowfu@me.com

Club Energize take photographs at Club Energize events for record keeping and to be used for Club Energize publicity. If students prefer for their photograph not used for publicity they must notify Club Energize via email lowfu@me.com.


Club Energize TV:

DISCLAIMER: Please be advised that there are risks involved in participating in any exercise program and all exercise is not suitable for everyone. By participating in Club Energize TV, you are assuming all risks of injury that might result. Club Energize shall not be liable for any claims for injuries or damages whatsoever, resulting from or connected with the use of this site. We further disclaim any liability caused by intentional or unintentional negligence. To reduce the risk of injury, consult your doctor before beginning this or any exercise program.


Clothing and Equipment:

All postage and packaging flat rate: £3.99

Full payment is due at the time of ordering clothing and equipment.

Unworn clothing and equipment are exchangeable within a 2 week period from the date the item is received. This does not apply to used or worn items.

Refunds are only available on faulty and/or damaged clothing or equipment.



Low Fu Fitness Certification & Low Fu Fitness Recertification:

Print a copy >


PARTIES


1 CLUB ENERGIZE (Principal)

2 Instructor



BACKGROUND


The Principal has the exclusive rights to all Low Fu forms of exercise routines to music.


The Principal has licensed the Instructor to conduct Low Fu Fitness classes upon the Instructor successfully completing his or her training and reaching, in the opinion of the Principal, a standard at which the trainee is capable of instructing the exercise routines.


The Principal will grant the Instructor with a certification to teach Low Fu Fitness and the Principal is willing to train the Instructor subject to the Instructor entering into this Deed.



COVENANTS



1 CONSIDERATION


1.1      In consideration of the Principal training the Instructor in the methods of conducting Low Fu      Fitness, the Instructor has agreed to enter this Deed.



2 QUALIFICATION


2.1 Training:

• The Instructor agrees to participate in the training conducted by the Principal to perform and teach Low Fu Fitness.

• Upon the Instructor successfully completing his or her training and reaching, in the opinion of the Principal, a standard at which the trainee is capable of instructing Low Fu Fitness, the Principal will grant the Instructor with a certification to teach Low Fu Fitness.

          If the Instructor must, in the opinion of the Principal, need to resit all or part of the training, or are withheld on the module, the Instructor agrees that they must not teach to the public until they have been granted a certification.

          All sales are final. No refund of Low Fu Fitness Certification or Low Fu fitness Recertification costs are available.


2.2 Maintaining Certification:

• The Instructor recognises the need for continued ongoing education which must be updated      yearly.

• The Instructor agrees to comply with the current requirements for ongoing education and accepts that failure to do so will result in disqualification. (The requirements for ongoing education are subject to change and can be found by contacting Club Energize.)


• If the Instructor wishes to put their certification on-hold for long-term injury or pregnancy, they must inform the Principal in writing prior to the on-hold commencement date. The Instructor can be on-hold for these reasons for up to one year. The Principal may require proof in order to grant the hold.

• The Instructor must inform the Principal if they are no longer actively teaching.

• The Principle retains the right to disclose information regarding the Instructors ongoing education and maintenance of certification to a relevant fitness centre or health club.

2.3 Disqualification: If the Instructor;

• fails to meet the requirements of ongoing education

• fails to maintain the Principal’s standards of competency and professionalism in conducting Low Fu Fitness

• fails to certify within a specified time period

          breaches the terms of the Deed

•  engages in any activity that the Principal may deem inappropriate or which could tend to harm the business or reputation of the Low Fu Fitness brand

the Principal may withdraw the Instructor’s status as a certified Instructor of Low Fu Fitness. Any such withdrawal may be temporary or permanent.

• The Instructor hereby undertakes not to conduct Low Fu Fitness while the Instructor is not certified to do so.

• Upon termination or revocation of certified status for any reason, the Instructor must immediately cease all use of the Low Fu Fitness name and any other trademark or other proprietary materials, and must cease offering Low Fu Fitness classes.



3 CLASSES


3.1 The Instructor will only conduct Low Fu Fitness classes as they are originally intended without variations or imitations.

3.2 The Instructor must be physically able to perform the moves of the programme.

3.3 The Principal is not liable for any injuries that may occur in the Instructor's class.

3.4 Any instruction given by the Instructor in connection with Low Fu Fitness must follow the overall structure, principles and training techniques embodied in Low Fu Fitness Certification and Low Fu Fitness Recertification. The Instructor may not create any workouts or teach or instruct any classes that include or consist of Low Fu Fitness workouts combined with any other workout, exercise or fitness routine, whether from a third party or otherwise in any form that does not accurately represent Low Fu Fitness, as determined by the Principal.

3.5 The Instructor acknowledges and agrees that Low Fu Fitness classes must be conducted in a professional manner, consistent with the highest standards for personal fitness instruction, including appropriate attire and conduct.

3.6 The Instructor permits observation of their instruction, and promptly complies with all instructions from the Principal in relation to their Low Fu Fitness classes.



4 USE OF MATERIALS, RESOURCES AND MERCHANDISE


4.1 The Instructor must not copy any recordings, literature or other material provided by the Principal to the Instructor or use any of them other than for the purpose of conducting Low Fu Fitness classes.

4.2 The Instructor must not reproduce, distribute, create derivative works from, share, or display any literature of documentation from Low Fu Fitness Certification or Low Fu Fitness Recertifcation.

4.3 No representations or warranties, express or implied, are made to the Instructor with respect to Low Fu Fitness intellectual property and any products sold or provided by Club Energize.

4.4 No representation is made that the operation of the Principal’s website will be uninterrupted or error-free. The Principal is not liable for the consequences of any interruptions or errors, although the Principal agrees to make reasonable efforts to correct errors or interruptions.

4.5 The Instructor may not sell Low Fu or Club Energize merchandise without prior written consent from the Principal.

4.6 The Instructor will not publish or display for free, or for payment, any videotaped or recorded Low Fu Fitness workouts and/or any classes or instruction, whether online or in any other medium.



5 ACKNOWLEDGMENTS AND RESPONSIBILITIES


5.1 The Instructor acknowledges that all materials, literature, routines, choreography, programmes and intellectual property relating to Low Fu Fitness are the sole property of the Principal.

5.2 The Instructor will not knowingly do anything which may prejudice the Principal’s interest in Low Fu Fitness.

5.3 The Instructor acknowledges that it is their professional responsibility to maintain a public teacher liability insurance cover providing adequate comprehensive cover.

5.4 The Instructor acknowledges that they must have fully completed Low Fu Colours before booking onto Low Fu Fitness Certification.

5.5 The Instructor acknowledges responsibility for the need for a valid PPL Licence within the UK.

5.6 The Instructor must be over 18 years of age at time of training.

5.7 No level of success or income is guaranteed by becoming certified to teach Low Fu Fitness.

5.8 The Instructor shall defend, hold harmless and indemnify the Principal from and against any and all liability, loss, claim, injuries, damages, costs, and expenses of whatever kind which Low Fu Fitness may incur by reasons of the intentional or negligent acts, errors, or omissions arising from one of the Instructor’s classes or from Low Fu Fitness Certification or from Low Fu Fitness Recertification.



6 Advertising and Marketing


6.1 Any advertising or marketing activities conducted in connection with Low Fu Fitness services must follow the terms of this Agreement. Those activities must not be discourteous, illegal, offensive, deceptive, misleading, unethical or immoral. The Instructor is responsible for the accuracy, legality and legitimacy of any and all content in his or her advertising, marketing or promotional materials in connection with Low Fu Fitness activities, including the Low Fu Fitness logo, or any other materials.

6.2 Use of the Low Fu Fitness logo is permitted in the set form and format on approval of artwork by the Principal.

6.3 All advertising, marketing, promotional, and other materials used to communicate services and status as a certified Low Fu Fitness Instructor are subject to the approval of the Principal, including but not limited to any websites or social media pages, all of which must comply with all applicable laws and regulations, as well as all terms of this Agreement, and must not infringe any intellectual property, personal, privacy, publicity, or other rights of any third party.

6.4 Use of the name, image or likeness of Noel Smith is not permitted without prior written consent.

6.5 The Instructor grants a perpetual irrevocable, royalty-free use throughout the universe of their Name, Image, or Likeness for the Principal to publish, reproduce, distribute, videotape, photograph, record, create derivative works of, and/or otherwise use the Instructor’s name, image, voice, statements and likeness in connection with any advertising promotion, marketing, or other informational manner, in any media now known or later devised, without further authorisation.     6.6 The Instructor agrees not to make negative comments or remarks in any medium (oral, online, written, or while providing instruction or training) about Low Fu Fitness, Club Energize, Noel Smith, or any personnel of the foregoing (directors, owners, employees, consultant, partners, etc.).



7 NO PARTNERSHIP


7.1 Nothing contained in this Deed will be deemed or construed to constitute any party to be a partner, agent or representative of any other party, or to create any trust or commercial partnership.



8 PARTIAL INVALIDITY


8.1 If any provision of this Deed or its application to any party or circumstances is or becomes invalid or unenforceable to any extent, the remainder of this Deed and its application will not be affected and will remain enforceable to the greatest extent permitted by law.



9 GOVERNING LAW


9.1 This Deed will be governed by the laws of Great Britain.