1.1. In these T&Cs, “us” and “we” means ChiChi Fit. Please read these T&Cs carefully as they create the contractual relationship between you and us so we strongly recommend that you fully understand and are able to comply with these T&C’s. If there is anything you are unclear about or if you have any questions, please contact us immediately by e-mail (email@example.com) or through the Contact us on this Website.
2. ENROLLING ON THE CHICHI FIT COURSE AND FEES
2.1. How to enrol on the ChiChi Fit course and required qualification. To enrol on the ChiChi Fit course please follow the procedures set out on the Website on the Become An Instructor page. Enrolment on the ChiChi Fit course is personal to you and it is not possible to transfer your enrolment to any other person.
2.2. Enrolment and Membership Fees. You agree to pay the training day fee (as advertised on the website) to include one full day of training and a post-training coaching call. You understand and agree that once you enrol on the ChiChi Fit course under the ChiChi Fit brand, you will be required to pay us a monthly membership fee (the “Membership Fee”) in order to maintain the licence and for ongoing access to the ChiChi Fit course materials accessed via the Website (ChiChi NET). Such Membership Fee shall be payable on your training date. Ongoing access to the ChiChi Fit course materials (including updates) is contingent on your payment of the Membership Fee, so if you stop paying your Membership Fee you will lose your licence to teach ChiChi Fit under the ChiChi Fit brand and your ongoing access to the ChiChi Fit course materials will be terminated (effective from the first month for which you have failed to pay the Membership Fee). By enrolling on the ChiChi Fit course you are agreeing to be responsible for the payment of the applicable fees in full. The monthly Membership Fee for monthly content shall be payable every month until you cancel your ChiChi Fit Membership (or it is cancelled by us). If you wish to cancel your ChiChi Fit Membership, please refer to Section 3 below for information regarding our cancellation and refund policy. *Some individuals who undertake the ChiChi Fit course may have their Enrolment Fee paid for by the gym/fitness club at which they teach. Save for the fact that such persons will not be required to pay the Enrolment Fee personally, these T&Cs shall be otherwise binding on the individual including without limitation the requirement to pay the Membership Fee.
2.3. Enrolment if you are 16-18 years old. Please note that the contents of our Website are aimed at users aged 18 years and above, and you should be over 18 years to enrol in the ChiChi Fit course. ChiChi Fit may be prepared to enrol students between the ages of 16-18 but in these circumstances a third party such as a parent or guardian will need to consent to the contract on your behalf and guarantee your obligations under the contract. You will be required to give the name and address of your guarantor on your application to enrol. ChiChi Fit will write separately to your guarantor who will be required to confirm to us in writing that they are prepared to be your guarantor and that they will guarantee your payment obligations in relation to the ChiChi Fit course and ongoing ChiChi Fit Membership. Until we receive such confirmation from your guarantor, ChiChi Fit will not process your application to enrol on the ChiChi Fit course.
2.4. Refusal/acceptance of training applications. ChiChi Fit is entitled to refuse any training application made by you or on your behalf for any reason or for no reason at all. If your application is accepted, ChiChi Fit will notify you electronically at the email address you provided us on your training application. We will not accept any training application until full payment of the Training Fee has been made by you and has been confirmed as satisfactory by ChiChi Fit or any third party acting on our behalf. You agree that all notices, invoices and other communications we are required to send to you will be provided electronically and acknowledge that the Training Notification will constitute an electronic invoice.
2.5. Warranty re: your details. You confirm that all details you provide to us (or any third party acting as our agent) for the purpose of your enrolment on the ChiChi Fit training course will be correct, that the credit or debit card, or any electronic cash, which you use to pay your Training Fee and Membership Fee is your own and that there are sufficient funds or credit facilities to cover the payments when they fall due.
2.6. Additional information. ChiChi Fit reserves the right to require you to provide any additional information that it may deem necessary in order to authorise your enrolment.
3. CHICHI FIT COURSE MATERIALS, CANCELLATIONS AND REFUNDS
3.1. ChiChi Fit training materials. As part of undertaking the ChiChi Fit training course, you will be granted access to various materials (“ChiChi Fit course materials”).
3.2. Cancellation of enrolment on ChiChi Fit course. You may cancel your enrolment on the ChiChi Fit course for any reason, including if you simply change your mind, within 14 working days of us or an agent acting on our behalf sending you the confirmation of your training date and details, and a minimum of 14 days prior to the training date you have been booked to attend (“Cancellation Period”). To cancel your enrolment on the ChiChi Fit course, you must notify us in writing by e-mail to firstname.lastname@example.org that you wish to cancel during the Cancellation Period. Your ability to cancel your enrolment on the ChiChi Fit course expires at the end of the Cancellation Period. In circumstances where you attempt to notify us within the Cancellation Period but we do not receive your notification, you will be required to provide evidence that such notification was sent within the relevant 14 working days period. You are therefore required to retain evidence of sending your notice of cancellation, such as recorded delivery if you send your notification by post or a read receipt if you send it by e-mail.
3.3. Refund of Enrolment Fee. Upon cancellation of your enrolment on the ChiChi Fit course in accordance with these T&Cs, you will be entitled to a full refund of the Enrolment Fee that you have paid. This refund will be paid as soon as possible, but in any event within 30 days of our receipt of a valid cancellation notice. No refund of the Enrolment Fee will be given if notice of cancellation is given after the expiry of the Cancellation Period. No refunds will be given for a ChiChi Fit course that is not completed.
3.4 Access to ChiChi NET training/marketing materials in the event of failed payment. If for any reason, payments due, including your monthly Membership Fee, are not received by ChiChi Fit (or our agent) or any payment is returned, refunded or retrieved by you, your credit card company or the entity through which you have arranged finance, your access to the ChiChi NET members network will be denied. Under these circumstances ChiChi Fit will no longer be under any obligation to you and your enrolment and Membership (as applicable) will be cancelled immediately. No refund will be given of any payments made up to the date of cancellation. All outstanding payments will remain payable by you and ChiChi Fit may take any action required to reclaim such outstanding payments.
3.5. Access to ChiChi NET content that is unlocked over time. If you continue to pay your monthly ChiChi NET membership, new content is unlocked over time, based on the number of months from your first payment of the monthly Membership Fee. This first payment is termed Month 0. The longer you continually pay your Membership, the more content is unlocked. If you intentionally cancel or stop paying the Membership Fee, then the number of months is reset back to Month 0. If you resume your monthly ChiChi NET membership at a later date, then you will restart on Month 0. Content that was previously unlocked, will now be locked.
3.6. Cancellation of monthly ChiChi NET Membership. If you wish to cancel your monthly ChiChi NET Membership, you may do so at any time by providing written notice to ChiChi Fit by email to email@example.com. ChiChi Fit will cancel your Membership upon receipt of the aforementioned written notice. No further Membership Fee shall be payable, unless previously due and outstanding, and your access to the ChiChi NET shall be terminated. As per clause 3.5, your monthly term will be reset to Month 0, should you resume your monthly ChiChi NET Membership.
4. COMPUTER SPECIFICATION, SOFTWARE SUPPORT, ALTERATIONS TO AND SUSPENSION OF WEBSITE AND THE AWARDING BODY
4.1. Your computer and software. You are responsible for providing and maintaining suitable computer and communications equipment and software necessary to gain access to the Website and the member only areas.
4.2. Provision of, alterations to, suspension of or discontinuance of the Website. The website is provided on an “as is” basis and should it prove defective and/or cause damage to your computer or inconvenience to you, ChiChi Fit shall not be responsible for any such damage or costs incurred by you which may result from any and all such defects. We cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. to the fullest extent permissible pursuant to applicable law, ChiChi Fit disclaims all representations and warranties of any kind, either express or implied, including but not limited to, the implied warranties of merchantability or satisfactory quality, fitness for a particular purpose, workmanlike effort, informational content, title or non infringement of the rights of third parties.You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. You assume total responsibility and risk for your use of the Website and use of all information contained within it. We reserve the right to alter, suspend or discontinue any aspect of the Website or the content or services available through it. This includes but is not limited to changes that we are required to make in the content and structure of the ChiChi Fit course in order to ensure continuing compliance with the requirements of national standards and the awarding bodies. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Website or any related computer system, server, router or any other internet-connected device.
4.3. Use of new features and content. Unless stated otherwise, your use of any new features including new content, and/or the availability of new courses or modules shall be subject to these T&Cs.
5. USERNAME, PASSWORD AND PERSONAL DATA
5.1. Username and password. Access to and use of the Website is through a username and password. You are solely responsible in all respects for all use of and for protecting the confidentiality of the username and password that you select for use on the Website. You may not share these with or transfer them to any third parties. You must notify ChiChi Fit immediately of any unauthorised use of them or any other breach of security regarding the Website that comes to your attention.
6. CHICHI FIT TRAINING
6.1. Warranty as to your fitness and limitation of ChiChi Fit liability. You acknowledge that you are fully aware of the risks involved in participating in a Workshop which can be physically and mentally demanding. You represent and warrant that you are both physically and mentally fit to undertake the training that you attend and to perform, conduct, teach and/or instruct ChiChi Fit and you discharge ChiChi Fit, its agents, employees and representatives on a continuing basis from any and all liability for injuries or damages resulting from your participation in Training and/or in connection with performing, conducting, teaching and/or instructing ChiChi Fit to the fullest extent permitted by law. This exclusion shall not cover death or personal injury caused by the negligence of ChiChi Fit or its employees, agents or sub-contractors.
6.2. Consent to recordings. You agree that you may be videotaped, audio recorded and photographed by ChiChi Fit and/or its agents while attending a Training/workshop and you consent to ChiChi Fit and/or its agents and/or its sub-licensees using any such recordings, your photograph, video and/or audio recordings and any other likeness of you for any and all promotional and training purposes. You give all necessary consent and waivers, including in relation to performer’s rights, to enable ChiChi Fit to make the fullest use of the aforementioned recordings in accordance with these T&Cs.
7.1. Certification as a ChiChi Fit instructor. Enrolment on the ChiChi Fit course does not in any way guarantee successful completion of the ChiChi Fit course or the attainment of certification as a qualified official ChiChi Fit instructor and being able to teach a ChiChi Fit Class. It is your responsibility to ensure that the ChiChi Fit course is suitable for your purposes and career development. Certification as a ChiChi Fit instructor will only be issued once (i) a ChiChi Fit Training Day has been attended, (ii) ChiChi NET Membership has commenced. (iii) all relevant course fees have been paid.
7.2. Issue of certificate. Your certificate evidencing your certification as a ChiChi Fit instructor will be issued on the day your ChiChi NET Membership commences and first payment taken, and the additional criteria set out in section 7.1. Such certificate will be issued in the name held on our records at the date you successfully complete the training day program. It is your responsibility to inform ChiChi Fit in writing of any change of name and to provide appropriate evidence, such as a marriage certificate or deed poll.
7.3. Lost certificates. If you lose a certificate and require a replacement, you can request a replacement.
8. STUDENT SUPPORT
8.1. Student Support. Student support for use of the Website can be found by emailing firstname.lastname@example.org. We will respond to your enquiry within 48 working hours unless prevented for reasons beyond the control of ChiChi Fit. The current support times are 9 am – 12 pm Monday to Friday excluding Bank Holidays.
8.2. Charges for the Instructor Training Day and the monthly ChiChi NET Membership can be found on the websites. There may, from time to time, be promotions in the charges for individuals or group bookings. These promotions are subject to availability and ChiChi Fit reserves the right to cancel or withdraw a promotion at any time.
8.3. Discontinuance of Student Helpdesk. ChiChi Fit reserves the right to discontinue student support or to change the level of support including but not limited to costs, hours and method by which the service is delivered.
9. LICENCE TO USE CHICHI FIT COURSE MATERIALS AND TEACH CHICHI FIT
9.1. Grant of licence. Subject to your payment of the Training Fee and Membership Fees in accordance with these T&Cs, ChiChi Fit grants you a limited, non-exclusive and non-transferable licence to (i) access updates to ChiChi Fit private members portal (ChiChi NET) via the Website, (ii) use downloadable materials identified on the Website and in your email communication with ChiChi Fit as being for download when teaching ChiChi Fit (but for no other purpose), and (iii) teach ChiChi Fit as an official ChiChi Fit instructor in the UK and Ireland in private venues, outside or at fitness clubs/gyms.
9.3. User generated content and grant of licence to ChiChi Fit. You acknowledge that any facility provided by ChiChi Fit to enable students to communicate with each other on the Website, such as a forum or chat room or comments, is provided without liability to ChiChi Fit. If you publish any content on the Website via the student forums, chat room or comments section, you warrant that you are the sole author of such content and that publishing such content will not infringe the rights of any third party including trade mark, database rights, copyright or other intellectual property rights or privacy rights, nor is libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal nor is in any way illegal or unlawful. You grant us and/or the businesses of ChiChi Fit and/or our agents an irrevocable transferable royalty free licence in perpetuity to use any such content uploaded and/or contributed by you to the Website (i) on the Website, and (ii) for promotional purposes connected to the Website, ChiChi Fit and/or the businesses of ChiChi Fit and/or our agents, and grant all other necessary consents and waivers to enable ChiChi Fit and its agents to fulfil such purposes.
9.4. Third party content take down. Where content published on the Website is supplied by third parties (including the user generated content referred to in section 9.3 above), you acknowledge that we do not have an obligation to screen, control, moderate or endorse such content and to the extent permitted by law disclaim all liability in relation to such content. If you believe that any such content infringes your rights or fails to comply with these T&Cs you may notify us via the Contact us page on the Website. Your notification must contain all of the following information: (i) your contact details including your email address and a contact number; (ii) full details of the content that you believe infringes your rights or does not adhere to these T&Cs; (iii) the URL or other location where you found the relevant content; and (iv) if you are reporting that you believe that your rights (or those of someone that you represent) have been infringed, proof that you are the rights holder or duly authorised to act on their behalf and a statement clearly warranting the same. Please note that deliberate misuse of the complaint facility will not be tolerated and if you persist in making malicious or vexatious complaints then we may terminate your right to use the Website and access the ChiChi Fit content. Please also note that our offices are manned during 9 am – 12 pm on business days (so not on weekends or public holidays) so reports will only be received and dealt with during those hours. When they are received though, they will be dealt with as promptly as possible.
9.5. Public Performance Licence. All downloadable ChiChi Fit music tracks which form part of the course materials require a Public Performance Licence to use them publicly (e.g. during ChiChi Fit classes). If you use such ChiChi Fit music tracks publicly you warrant that: 1. you hold a valid Public Performance Licence (from PRS for Music, in the UK) in respect of the public performance of the compositions embodied in the sound recording/music tracks used as an accompaniment to exercise classes and you will continue to hold such licence throughout the period of your use of the relevant ChiChi Fit course materials; or 2. you are in possession of a written undertaking from the owner of the venue at which you will be using the relevant ChiChi Fit course materials that confirms that the owner holds a Public Performance Licence (from PRS for Music, in the UK) in respect of the public performance of the composition embodied in the sound recording/music tracks used as an accompaniment to exercise classes at such venue and that such owner will continue to hold such licence throughout the period of your use of the relevant ChiChi Fit course materials.
10. COPYRIGHT IN WEBSITE AND CHICHI FIT COURSE MATERIALS
10.1. Ownership of rights in Website and ChiChi Fit training course material. With the exception of user generated content, the Website and the content made available on the Website (including ChiChi Fit course material) is owned by ChiChi Fit or its third party licensors. All product and company names and logos mentioned on the Website are the trademarks, service marks or trading names of their respective owners, including us. You may use downloadable ChiChi Fit course material in its downloaded form subject to the terms of the licence granted in section 9.1 above, but you may not otherwise copy, reproduce or use, nor modify, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to text, graphics, video, recordings, choreography and/or messages without our prior written consent.
11. EXCLUSIONS, LIMITATION OF LIABILITY AND INDEMNITIES.
11.1. Exclusions. All implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the ChiChi Fit course, the Website or any information or service provided through the Website are strictly excluded by us to the fullest extent possible under the laws of England and Wales.
11.2. Limitation of Liability. In relation to your enrolment on the ChiChi Fit course and on-going ChiChi Fit membership, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use, or performance of the website or its contents, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of ChiChi Fit or our servants, agents or any other person without prejudice to the foregoing, if we are liable to you for any reason, our liability will be limited to the amount paid by you to date for the ChiChi Fit course on which you are enrolled and as a result of which ChiChi Fit liability has arisen. this limit does not apply to any liability we may have for death or personal injury resulting from our negligence nor for fraudulent misrepresentation.
11.3. Indemnity given by you. You agree to indemnify, defend and hold ChiChi Fit and its agents harmless against any and all loss, liability, damage, cost or expense (including without limitation legal fees and disbursements) suffered by ChiChi Fit and/or its agents arising out of or connected in any way with by reason of your breach of any of your obligations, representations or warranties given under these T&Cs.
11.4. Liability for your acts and omissions. You acknowledge that you shall be responsible for your acts, omissions, errors or neglect when performing, conducting, teaching or instructing material you may have learned through the Website and training courses and shall maintain public teacher liability insurance cover as appropriate for your business and professional qualifications.
12.1. The Enrolment Fee is subject to change in our sole discretion and without prior notification to you. Please review the checkout page to confirm the Fee before providing payment. The Membership Fee is subject to change in our sole discretion. We will provide you thirty days’ advance notice of any change to your monthly Membership Fee. If you do not agree to the new Membership Fee, please cancel your Membership.
12.2. Payments by Credit Cards and Debit Cards. We reserve the right to request additional evidence or proof of billing information or other information associated with the credit or debit card account used to make payments on the Website. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to process the payment information. If you believe your credit or debit card might have been used in a fraudulent manner on the Website, please Contact us.
13.1. Altering these T&Cs. We may alter these T&Cs from time to time and post the new version on the Website, following which the updated version of the T&Cs shall apply. You must check the T&Cs on the Website regularly. We will provide prominent advance notice of any material changes. If you do not agree to any of the changes made, please do not continue to use the Website or the service.
13.2. Entire agreement. These T&Cs, together with your enrolment application, are your whole agreement in relation to any service you obtain from ChiChi Fit via the Website. You acknowledge that you have not entered into these T&Cs in reliance upon any warranty or representation made by ChiChi Fit or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these T&Cs and/or the registration form.
13.3. Illegality and severance. If any provision or term of these T&Cs shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other T&Cs and shall be deemed to be deleted from them.
13.4. Governing law and jurisdiction. These T&Cs and your use of our Website are governed by English law and you submit to the exclusive jurisdiction of the English court.
13.5. Force majeure. ChiChi Fit will not be held liable for any failure to perform any obligation due to causes beyond its reasonable control.
13.6. No waiver. Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
13.7. Notices. All notices shall be given (i) to us via e-mail at email@example.com or (ii) to you at either the e-mail or postal address you provided upon or have updated since enrolment. Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.
T&Cs last updated on 28 September 2019