Terms of Service & Liability Waiver — Birn Fitness

1. Acceptance of Terms

By booking a class, purchasing a membership, or entering the Birn Fitness studio operated by Fit N Fun Ltd (“Birn Fitness”, “we”, “us”), you agree to be bound by these Terms of Service and Liability Waiver in full. If you do not agree, please do not use our services.

2. Participation at Own Risk

Physical exercise involves inherent risk of injury, illness, or death. By participating in any Birn Fitness class, session, or activity, you acknowledge and voluntarily accept all risks associated with physical exercise, including but not limited to: muscular strains and sprains, fractures, cardiovascular events, and accidents resulting from equipment use or interaction with other participants.

You participate entirely at your own risk. Birn Fitness, its directors, employees, contractors, and coaches shall not be liable for any injury, loss, or damage suffered during participation, except where such liability cannot be excluded by law.

3. Health & Fitness Disclaimer

You confirm that you are in good physical health and aware of no medical condition that would prevent safe participation in fitness activities. You are responsible for consulting a qualified medical professional before beginning any new exercise programme. If you have any pre-existing medical condition, injury, or health concern, you must disclose this to your instructor before participating.

Birn Fitness does not provide medical advice. Nothing communicated by our coaches, on our website, or in any marketing material constitutes medical advice.

4. Instructor Instructions

You agree to follow all instructions given by Birn Fitness coaches and staff at all times. Failure to comply with instructor guidance may result in removal from the class or facility. You acknowledge that all exercises and modifications have been explained and that it is your responsibility to work within your own limits.

5. Liability Release

To the fullest extent permitted by English law, you release and discharge Fit N Fun Ltd, Birn Fitness, and all associated coaches, staff, agents, and successors from any and all claims, demands, losses, liabilities, costs, and damages arising from your participation in any Birn Fitness activity — whether caused by negligence, breach of duty, or otherwise.

Nothing in these terms limits liability for death or personal injury caused by our proven negligence, or any other liability that cannot be limited under the Consumer Rights Act 2015 or any applicable UK law.

6. Bookings for Children (Parent / Guardian Responsibility)

Bookings for anyone under 18 must be made by the child's parent or legal guardian. By booking a class for a child you confirm that you are that child's parent or legal guardian, that you have the authority to make the booking, and that you accept these terms — including the Health & Fitness Disclaimer and Liability Release above — on the child's behalf.

As the booking parent or guardian you are responsible for: the accuracy of the details you provide (including each child's name); ensuring the child is in good health and fit to take part; telling us about any medical condition, injury, or additional need that could affect their safe participation; and ensuring the child follows all instructor and staff instructions. Children must be dropped off and collected promptly by a responsible adult — Birn Fitness supervises children during the class itself only.

7. Right to Refuse Entry & Cancel Memberships

Birn Fitness reserves the right to refuse entry, remove any person from the facility, and to cancel or revoke any booking or membership at any time, at our sole discretion and without obligation to provide a reason or explanation. No refund or compensation will be due in such circumstances. This includes, but is not limited to, conduct that is aggressive, threatening, or disruptive; non-compliance with studio policies; or any behaviour we consider incompatible with maintaining a safe and welcoming environment.

8. Refund & Cancellation Policy

No cash refunds. All class bookings and membership purchases are final and non-refundable under any circumstances.

If you need to cancel a booking, you may submit a cancellation request by emailing birnfitness@gmail.com with a minimum of 48 hours' noticebefore the class start time. All cancellation requests are reviewed entirely at Birn Fitness's sole discretion. If a request is approved:

Membership holders: the class credit will be restored to your account and can be used to book any future class.
Single-class and class pack holders:a class credit or token may be issued at Birn Fitness's discretion — no cash refund will be given.

Cancellation requests submitted less than 48 hours before a class will not be considered and the booking will be forfeited as a no-show.

Monthly membership subscriptions may be cancelled at any time. Cancellations take effect at the end of the current billing period — no partial refunds are issued for unused days.

Cancellation Strike Policy

To keep cancellations fair and manageable for everyone, the following limits apply to cancellation requests:

Members may submit a maximum of 2 cancellation requests per calendar month.
Cancellation requests must be submitted through the member account area on this website. Requests made by email or any other channel will not be counted or actioned.
Both pending and approved cancellation requests count toward your monthly allowance.
If a request is rejected by an administrator, it will not count against your allowance.
Once your 2-request allowance is exhausted, no further cancellation requests can be submitted until the 1st of the following month, when your allowance automatically resets.

Birn Fitness reserves the right to approve or reject any cancellation request at its sole discretion.

9. Data Handling & UK GDPR

Birn Fitness (Fit N Fun Ltd) is the data controller for all personal data collected through our website, booking platform, and communications. We collect personal data — including name, email address, phone number, and payment information — for the purpose of providing our services, processing bookings, and communicating with you about your account.

Your data is stored securely using Supabase (PostgreSQL) and Stripe.
Payment data is handled exclusively by Stripe and never stored on our servers.
We will not sell or share your data with third parties for marketing purposes.
You have the right to access, correct, or delete your data at any time.
To exercise your data rights, email: birnfitness@gmail.com.

Our lawful basis for processing is contract performance (to fulfil your booking) and legitimate interest (to manage our business). Marketing emails are only sent with your consent and include an unsubscribe link.

10. Governing Law

These terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Contact

For any questions about these terms, contact us at:
Fit N Fun Ltd · Sabrina St, Manchester M8 8DY
birnfitness@gmail.com