Terms and Conditions | Perpetua Fitness

Terms and Conditions:

Last Updated: 12/05/23

The Services are operated by CrossFit Ireland LTD (“us“, “we“, “our” or “Perpetua Fitness“). By accessing, browsing, and/or using the Site and/or any facility operated by Perpetua Fitness (a “Club”), you accept and agree to be bound to these Terms. In addition, when using particular Perpetua Fitness services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time. You agree that you are at least 16 years old and that if you are between 16 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services. We reserve the right, from time to time, with or without notice, to change these Terms at our sole discretion, and the latest version will appear on our website (perpetua.ie) with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms.

The Use of Perpetua Services:

In order to use the services provided in Perpetua you will need to create a Perpetua Fitness account with us and purchase a pricing option, including but not limited to membership contracts and studio credit bundles.
You must be at least 16 years old in order to attend any of our classes or use of facilities. Anyone between the age of 16-18 will need parental consent.

Your Use of Our Services:

You agree to comply with our Class rules which you can see online or displayed in all our locations. The access rules relate to our opening hours, use of our facilities and your conduct.
You should not exercise beyond your own abilities. If you know or are concerned that you may have a medical condition which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical professional and follow that advice.
You should make yourself aware of any rules and instructions, including warning notices, and follow them. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.
Whilst using the facilities or equipment, you should let us know immediately if you feel unwell. Our staff members are not qualified doctors, but we have first aid available within the facility. If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.
By attending classes, events and activities, and using the studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are a certain inherent risks and dangers in the strenuous nature of exercise. You acknowledge that you have voluntarily chosen to participate in intense physical exercise. You hereby agree to assume full responsibility for all injuries or damage, which are sustained or aggravated by you in relation the use of equipment and/or studio facilities, and release, indemnify, and hold harmless Perpetua Fitness.
We will not be liable to you in respect of any of the following:
i.
Your personal property that is lost, stolen or damaged before, during or after class. Please ensure you keep all valuables in the lockers provided.
ii.
Personal injury (including without limitation, serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending our classes.

Studio Credits:

To book a Class, your account must include at least one Credit. One Credit entitles you to attend one Class.
You can purchase Credits via our Website, or the app. Multiple credits can be purchased as bundles at discounted rates.
Perpetua Fitness credit holders receive the number of classes commensurate with the package purchased. Such classes may be redeemed at any studio operated by Perpetua until such time that the credits are exhausted whether through consumption or expiry.
Credit holders may not transfer credits to third parties, including to other Perpetua credit holders. In addition to this, you should not allow anyone else to book into class using your credits / name. Perpetua makes no guarantee on the availability of classes as access to classes is on a space-available basis.
Subject to any statutory right of cancellation, payments for credits are non-refundable nor transferable to other members unless otherwise stated in these Conditions.
Your credit activates on the date that you attend the first class (excluding promotional credits which activate on date of purchase).
Class packs all have strict expiry dates and are as follows:
*3 for 33 Introductory Offer = 10 days
*Kickstarter Pack 6 Credits = 1 month
1 Credit = 1 month
3 Credit = 30 days
5 Credits = 45 days
10 Credits = 3 months
15 Credits = 6 months
20 Credits = 9 months
Both the 3 for 33 and Kickstarter Pack are introductory offers and can only be redeemed once per person.

Studio Memberships:

Your Studio Membership (Studio8, Studio12, Studio16) starts on the date that you sign up and submit payment via a valid payment method. Each membership starts with a minimum 3-month contract during which it cannot be paused or cancelled, afterwards it will automatically roll monthly. For example, if you purchase your membership on the 5th of April, your membership will automatically renew on 5th May. Once your new membership cycle starts, you will have access to the eligible classes for the new studio membership cycle. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use Perpetua Fitness. We will automatically bill the monthly fee to your Payment Method each cycle until your membership is cancelled or terminated. A studio membership is subject to your membership being cancelled (by you) or terminated (by us). Credits cannot be extended or transferred across months.

In order to cancel a studio membership, you must provide a minimum of 30 days' written notice. If your next scheduled payment is due in less than 30 days when the notice is given, that payment will still be processed, and your cancellation will activate as of the following month.

Refunds:

Unless expressly stated to the contrary herein, or as provided by applicable law, payments are nonrefundable and there are no refunds or credits for partially used periods.
By law, you have the right to a ‘Cooldown Period’ of 7 days after the date of purchase of a contract. However, once the contract has been utilised, i.e. a class booked, you forfeit the right to enforce a ‘Cooldown Period’ termination.

Payment Methods:

You may edit your Payment Method information by logging into your desktop Perpetua account and updating accordingly. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment information, provided that you have not cancelled your account in accordance with these Terms (see, “Cancellation”), you remain responsible for any uncollected amounts.
Memberships that have a 3-month minimum term can't be cancelled until after your first 3 payments. You may terminate your membership at any time after this point with at least 30 days prior notice before your next renewal date. For example, if your next renewal date is 30th September, you need to cancel before 1st September in order to avoid being charged for the next cycle. Note that if you do terminate your membership, you will be subject to current membership rates and the initial contract period again upon your return.

Other Fees:

If you have an unlimited membership and you book into a class and either Late Cancel or No Show, you are subject to a €5 fee for every instance. This will be charged at the start of the following week. It is your responsibility to check in at Front of House to avoid this fee being charged.

General Policies:

Studio Credits and/or Credit Bundles only give access to the class for which you signed up (at the specified time and location). Please note that we operate a strict closed-door policy. For health and safety reasons, once the session has begun and the coach has closed the door, we are unable to allow entry or return credits to anyone that has arrived late. As this is in the best interest of both your experience and our team, we ask that this is respected by all guests.
To ensure that all guests have the opportunity to attend classes, we have an 12 hours cancellation window. This means that provided you cancel your booking with at least 12 hours' notice, you get to keep your class credit and use it another day. If you cancel within 12 hours of the class start time, it is considered a late cancel and results in the loss of that class credit.
If it is your first time at a studio or to a concept, we kindly ask that you get here at least 5 minutes before class starts to get the mandatory induction. Unfortunately, new guests arriving within 5 minutes of class start time will not be admitted and the credit will not be returned.
For health and safety reasons, we enforce a strict closed-door policy. Once the session has begun and the coach has closed the door, we are unable to allow entry or return credits to anyone that has arrived late. As this is in the best interest of both your experience and our team, we ask that this is respected by all guests.
If you would like to book into a class but it is full, you will be given the opportunity to join the ‘Waitlist’. Please note that by joining a waitlist you are committing to a spot should a space become available.
Please note, both wraps and gloves are mandatory when taking part in Rumble. Gloves are provided and wraps can be bought at Front of House for €10.

Privacy:

Your privacy is important to us. The Perpetua Fitness Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Perpetua’s collection, use, and disclosure of your personal information.

Prohibited Site Conduct:

By using the Site, you promise to:
Respect our facility.
Respect our procedures.
Respect our teams.
Respect our customers.
Respect our product.
By using the Site, you promise not to:
i.
Harass, threaten, or defraud Site users;
ii.
Make unsolicited offers, advertisements, proposals, or send junk mail to users;
iii.
Impersonate another person or access another user’s account without that person’s permission;
iv.
Share issued passwords with any third party or encourage any other user to do so;
v.
Permit third parties to use any classes booked under your credits, including other credit holders;
vi.
Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
vii.
Upload material (e.g., virus) that is damaging to computer systems or data of Perpetua Fitness or users of the Site;
viii.
Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
ix.
Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content.

Disclaimers:

You agree that attendance at or use of any such classes, activities, or other services is solely at your own risk. In no event shall Crossfit Ireland LTD be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with a user’s attendance or participation in a class, service or appointment made through the site, or the performance or non-performance in connection with the services.
Unless otherwise expressly stated by Perpetua, the site and any downloadable software, content, services, or applications made available in conjunction with or through the site are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Perpetua, its suppliers and partners disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

Termination by CrossFit Ireland LTD:

You agree that Perpetua Fitness, in its sole discretion and for any or no reason, may terminate any account (or any part hereof) you may have with Perpetua or use of the Site and/or Club and remove and discard all or any part of your account or any content uploaded by you, at any time.
Perpetua may also in its sole discretion and at any time discontinue providing access to the Site and/or Club, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof and/or Club may be affected without prior notice, and you agree that Perpetua will not be liable to you or any third party for any such termination.