REFORM LIMITED (“Reform”)
TERMS & CONDITIONS (2021.1)
Important: Please read these terms and conditions carefully before using this website. If you do not agree to the terms and conditions set out below, you may not form a User Account or purchase Services from us. We reserve the right to change these terms and conditions at any time, and changes to our terms and conditions will be effective after the change is published on the Website.
1. ABOUT THESE CONDITIONS
- This Website and the Services displayed on it are provided by Reform Limited (collectively referred to in these Conditions as "we", "us" and "our"). Further information about us is set out at Condition 20. When we refer to "you" and "your" we mean the user of this Website, purchaser of Goods or user of our Services.
- These are the Conditions which apply to your use of this Website and the purchase of Services from us. If you do not agree to these Conditions, you must not use this Website.
- You should read these Conditions carefully before using this Website or purchasing Services from us.
- We reserve the right to change these Conditions at any time.
- Any changes to the Conditions will be effective after the change is published on this Website. You should check these Conditions before each order as they may have changed since your last visit.
- If you have any questions about the Conditions, the Services or this Website, please contact us using the contact details in the “Contact” section of this Website.
2. DEFINITIONS
When the following words with capital letters are used in these Conditions, this is what they mean:
- “User Account” the online platform through which Member and Client details are saved, credits can be bought and classes can be booked and cancelled
- “Class” any instructor led Class or Classes provided by us or on our behalf at the Studio and any Les Mills Virtual Classes provided by us, as part of the Services
- “Client” a user of this Website and/or our Services
- “Conditions” the terms and conditions as set out in this document and as amended from time to time
- “Credit” is equivalent to 1 class with an expiry date of 2 weeks from the first class taken
- “Credit Packs” is equivalent to a pack of Credits sold at Reform in packs of 6, 12, 18 or 24 each with their own expiry date
- “Facilities” means all facilities which are within Reform Cycling and Strength Studio’s premises (including but not restricted to fitness equipment, electronic equipment, furniture, shower facilities, and all fixtures and furniture, and its parking bays at Western Heights on Karuna Road in Westlands)
- “Joining Date“ the date on which a Client first pays for a Credit or Member first makes payment to us for their membership;
- “Member” any person who has purchased a Membership
- “Membership” a 30 day monthly subscription consisting of a cap of 30 Credits to take Classes at the Studio
- “Services” services available to you via this Website, including the Classes
- “Studio” is Reform Cycling and Strength Studio at Level 5 Western Heights on Karuna Road in Westlands
- “User Account” means your account with Reform which you formed via our website when you joined as a new client
- “Website” https://reform.co.ke
3. USERS OF OUR FACILITIES AND CLASSES
- If you are 14 years of age and under 18, please be aware of the following Conditions:
- You must talk to a staff member, register a User Account with Reform and have a parent/guardian sign a consent form.
- You must take the Reform Discovery Ride before you take any Reform cycling Classes
- You must be 14 years of age to attend any Classes at Reform.
- Reform does not allow unaccompanied minors in a Studio at anytime.
- All Clients must have an online account with Reform before they attend any of our Classes or use any of our Facilities.
- You must always be accompanied by a parent/guardian in all Classes. For Reform cycling Classes only, you must also meet the height requirement of 4 foot 11 inches.
- You agree to comply with our class rules in force from time to time which you can see online or displayed in all of our studios. The class rules relate to our opening hours, use of our facilities and your conduct.
- Instructors and Classes are subject to change at any time and you will be informed of this change via email and/or SMS.
- We reserve the right to refuse you access to the Studios and suspend or terminate your use of the Services and your User Account if we reasonably consider that your conduct is damaging to our reputation, is in breach of these Conditions or such refusal would otherwise be in the interests of other users of the Studios or participants in our Classes.
- At any time and without notice, we may withdraw all or part of our Facilities for any period of time without notice in connection with cleaning, repair, alteration or maintenance work, or for reasons beyond our control.
4. PERFORMANCE METRICS
Performance metrics may be included in our Classes and used in combination with a results service through which you receive the performance metrics relating to each Class you attend via email and to your online account (“Results Service”). In circumstances where the Results Service are not available or do not run or malfunction in relation to a Class and you continue to participate in a Class, you shall not be entitled to any compensation, including without limitation, a replacement Class or refund of a Credit.
5. PERSONAL BELONGINGS AND SAFETY
- We have provided secure lockers facilities at Reform for you to lock away your personal belongings if you are in Class or using our Facilities. You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present at the Studio. You assume all risk of loss for any of your personal belongings.
- You agree to remove your belongings from the Studio after participating in Class and agree not to store any belongings in our locker facilities.
- You agree that Reform and its employees shall not be liable for any loss, damage or theft of any property brought to the Studio.
- If you accidentally leave your personal belongings at the Studio, immediately write to us.
- If you leave any personal belongings at the Studio and do not collect these belongings within three months, we reserve the right to discard such items without further notice.
6. HEALTH CONDITION
- You agree to sign the Covid-19 Waiver and Liability form and keep your information on this form update.
- By participating in our Classes, and using Reform’s Studio, Facilities, equipment, and website, you agree that there are certain inherent risks and dangers involved in participating in the Classes. If you observe any hazard during participation, you will bring it to the attention of Reform
- You agree to follow our instructors guidance at all times while participating in our Classes.
- Our instructors reserve the right you to stop participating in Classes if they deem your health would be endangered by continuing to participate.
- We reserve the right to refuse access to our Classes if, in our absolute discretion, we consider that the health of the individual concerns may be endangered by use of our facilities.
- You should not undertake participate in our Classes without first seeking medical advice if you any you have a history of medical conditions, are pregnant or any of the conditions above apply.
- Some of our Classes are intensive in nature and not suited to all fitness levels. You agree to familiarize yourself with what the Class entails before signing up and participating in a Class. You should refer to our Website for a description of the Classes or contact us by email if you have any queries whether our Class is suitable for your fitness level
- You agree to wear the correct apparel (including footwear) and hydrate adequately while participating in any Class.
- Our employees or instructors are not medically trained and therefore not qualified to assess whether you are in appropriate physical condition and / or whether you can engage in any exercise without detriment to your health, safety, comfort or physical condition.
- You are not aware of any heart or vascular problems that could be made worse when participating in physical activity
- You have never felt chest pains while exercising
- You are not aware of any joint or bone problems that could be made worse by a change in physical activity
- You do not have asthma
- You are not pregnant or breastfeeding
- By agreeing to these Terms and Conditions you confirm that you have no health problems and on each occasion that you participate in our Classes you are in appropriate physical condition and you know of no medical or other condition why you are not capable of engaging in Classes or exercises provided by us, and that such Classes or exercises would not be detrimental to your health, safety or physical condition.
- You confirm that all the statements below are true:
7. WAIVER AND RELEASE
- By participating in Classes, events, activities and other programmes organized by Reform and using the Studio Facilities, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and / or assignees, that there are certain inherent risks and dangers in taking the Classes and exercise equipment and in association with the Classes. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You acknowledge that the specific tasks vary from one activity to another, but range from:
- Minor injuries such as scratches, bruises and sprains
- Major injuries such as an eye injury or loss of sight, joint or back injuries, heart attacks, and concussions
- Catastrophic injuries including paralysis and death
- Continual or long-term exposure to amplified music carries risk of hearing damage
- You acknowledge that before participating in a Class you have familiarized yourself with the nature of the Class to determine whether your physical condition is appropriate for participating in our Classes.
- In consideration of being allowed to participate in and access the Classes, you hereby:
- assume full responsibility for any and all injuries or damage which are sustained or aggravated by you as a result of your participation in the Classes and/or use of the Facilities
- waive, release and forever discharge Reform, its officers, agents, employees, instructors, ambassadors, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in the Classes and/or use of the Facilities
- represent you have no medical or physical condition which would prevent you from attending any of Reform’s Classes and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so.
- You acknowledge and agree to release, indemnify and hold harmless Reform, its employees, instructors, directors, affiliates, successors, and assignees from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes and use of the Studio and Facilities.
- You waive any and all claims against Reform, its employees, instructors, officers, directors, affiliates, successors and assignees for any personal injury, property loss or other damages connected to or arising out of any of the associated risks.
8. CREDITS
- At Reform we sell Credits. 1 Reform Credit is equivalent to 1 Reform instructor led class and 1 Les Mills Virtual Credit is equivalent to 1 Les Mills Virtual Class.
- Either a single Credit or packs of Credits can be purchased by cash or credit card (Visa or Mastercard) at our front desk, or remotely via MPESA.
- All Credits or Credit Packs are activated from your first visit and have an expiry date by which date you must have taken your Classes or your Credits will expire. Please take note of this expiry date when you make your purchase.
- To book a Class, you must have at least one credit in your User Account, unless otherwise specified at the time of booking. One Credit entitles you to attend one Class.
- Credits cannot be extended beyond the expiry dates agreed at the time of purchase, unless we in our discretion agree to do so in exceptional circumstances.
- For promotional sales, we may offer Credit Packs that have a shorter expiry than the standard expiry dates of our Credit Packs. This will be made clear at the point of purchase and in the confirmation email. We will not be able to extend these Credits beyond the expiry date in any circumstances. No other discounts are available on promotional Credit Packs. Promotional offers are subject to our discretion and may be withdrawn at any time and without notice.
- Credit Packs can only be shared with an immediate direct family member (husband / sibling / child / parent).
- Credits cannot transferred to another person at our discretion. You should contact one of our Studios either in person, by telephone or by email to discuss this with us.
- We reserve the right to revoke your Credits and suspend your User Account if you allow others to use your User Account to book and attend our Classes.
- Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in these Conditions.
9. BOOKING A CLASS
- You can check availability and book Classes in advance online via our Website. When you book a Class, one Credit will be deducted from your User Account unless otherwise stated on the website.
- We make every effort to ensure that there are a suitable number of Classes available at different times of the day. However, Classes are subject to availability and we do not guarantee that spaces will be available in any given Class, even if you have sufficient Credits in your User Account.
- If the Class you wish to attend is fully booked, you may choose an alternative Class with remaining spaces. Alternatively, you may join a waitlist for the fully booked Class.
- If you join the waitlist and a space becomes available, a Credit will automatically be deducted from your User Account and you will be automatically added to the Class up to 2 hours before the start. You will be notified by e-mail and/or text message if you are automatically added to a Class.
- If we cancel a Class, your Credit will be refunded unless otherwise stated. We will notify you of this via email or telephone call.
10. CLASS CANCELLATION
- You can cancel a Class 12 hours before the start time of a Class and the Credits attributable to that Class will automatically be refunded to your User Account.
- If you cancel the Class less than 12 hours before the start time of the Class, then the Credits attributable to the Class will not be refunded.
- A Class can be cancelled by you either via your User Account on the Website, in person, or by telephone.
11. MEMBERSHIP
- A Reform 1 month membership is a 30 days membership which entitles you to take an instructor led Class or Les Mills Virtual Class, and up to a cap (i.e. maximum) of 30 Classes per month. No extensions will be granted and you cannot transfer any classes remaining in your membership to the next month.
- Your membership commences from the date you take your first Class at the Studio.
- A monthly membership cannot be shared with another person.
- A monthly membership can be frozen by contacting the Studio in person or by email a maximum of two times in 12 months.
- The Membership Fee is set out on the Website and is subject to change from time to time.
12. PRICE
Price details are available on our Website and shall be such prices as determined by us from time to time.
13. USE OF OUR WEBSITE
- Use of our site includes accessing, browsing or registering to use our Website. By using the Website, you are confirming that you accept these Conditions and that you agree to comply with them.
- We may update this Website from time to time and may change the content at any time. Any of the content on our Website may be out of date at any given time and we are under no obligation to update it. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
- We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
- By accessing this Website, you agree that you will access its contents solely for your own use. You may print out a single hard copy of any part of the content of this Website for your use in accordance with these Conditions. You must not modify the copies of any materials on this Website in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Website in breach of these Conditions of use your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- You may not (except to the extent required in order to use this Website in accordance with these Conditions) copy, store in any medium (including in any other Website), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of this Website or systematically extract material from this Website or any document available through it, create any derivative works from it or in any other way exploit commercially all or any part of this Website or any document available through it without our prior written consent.
- This Website should only be accessed using a computer linked to a secure network environment.
- We cannot guarantee that this Website will operate in accordance with your expectations or will be error free. If you are aware of any error on this Website please contact us by email and we will endeavour to correct it.
- It is our policy to virus check documents and files before they are posted on this Website. However, we cannot guarantee that documents or files downloaded from this Website will be free from viruses. Accordingly, for your own protection, you must use virus-checking software when using this Website. We exclude to the fullest extent permitted by law, all liability (save in respect of death or personal injury caused by negligence and for fraud) in connection with:
- any damage or loss caused by errors, computer viruses, other malicious code or harmful components originating or contracted from the Website or from any third-party Websites linked to this Website and;
- any interruptions in your access to the Website.
- You must not misuse our Website by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorized access to our Website. You must not attack our site via a denial-of–service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately and you will indemnify us for any breach, which means that you will be responsible for any loss or damage we suffer as a result of you not complying with this Condition.
- If you decide to access any third-party Websites linked to this Website, you do this entirely at your own risk and we will not be liable for any loss or damage that may arise from your use of them. We provide these links purely for convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for, or have any control over, the content or use of such Websites. You may be subject to the terms of use applicable to such third-party sites.
14. YOUR USERNAME AND PASSWORD
- Certain areas of our Website are restricted and may only be accessed if you are registered with us and have been issued with or have chosen a username and password.
- You must not allow any other person to use your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. If you believe or suspect that someone else knows your login details you must contact us as soon as possible.
- We reserve the right to disable any user identification code or password used to access to this Website at any time if in our reasonable opinion you have failed to comply with these Conditions.
- You shall not obtain or attempt to obtain unauthorised access to an area of this Website which is only accessible with a username and password other than that which has been identified as being available to you through the logins and passwords notified to you and you will not attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.
- We shall not be liable for any losses you suffer as a result of unauthorised access to your User Account until such time as you have informed us of unauthorised use or possible unauthorised use of your login details or of a breach of security.
15. INTELLECTUAL PROPERTY
- We are the owner or the licensee of all intellectual property rights in this Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The design and layout of this Website are protected by copyright, database right, design rights and other similar laws and may not be copied or imitated in whole or in part.
- The trade marks, logos and trade names displayed on the Website ("Marks") are the property of Reform Limited or other third parties. You are not permitted to download, copy, modify or use the Marks without our prior written consent or the consent of such third party who may own the Marks. (See also the section below on Trade Marks.)
- We and our suppliers own the intellectual property rights in the software that runs this Website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without our prior written consent.
16. PERMISSION TO REPRODUCE IMAGES AND RECORDINGS
- You hereby grant permission to Reform to photograph and / or film while you are at the Studio and use your images and other reproductions of your physical likeness in its advertisements, marketing materials, websites, and social media pages. This permission extends to any still photographs and/or motion picture or video in connection with your use of Services and Facilities. If you do not wish your photograph used for such purpose please inform us in writing.
17. ENTIRE AGREEMENT
- These Conditions constitute the entire agreement between you and us in relation to your use of our Website.
18. VARIATION
- We reserve the right to vary or amend these Conditions from time to time. Any changes shall take effect upon their posting being on the Website.
19. SEVERANCE
- If any of these Conditions are or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (a) the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or (b) the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.
20. RIGHTS OF THIRD PARTIES
- A person who is not a party to these Conditions may not enforce any of them under the Contract.
21. WAIVER
- No waiver of any of these Conditions shall be valid unless provided in writing by us.
22. GOVERNING LAW AND JURISDICTION
- Any dispute arising between you and us in relation to these Conditions shall be governed by laws of Kenya.
- We both agree to submit to the non-exclusive jurisdiction of the Kenyan
- Reform Ltd reserve the right to withdraw, vary or amend any promotion, discount or competition at any time.
23. INFORMATION ABOUT US
- Reform Limited is a company registered in Kenya under company number CPR/2015/178079 whose registered office is Level 5 Western Heights on Karuna Road in Westlands, Nairobi, Kenya. Its VAT number is P051530837A.
I am over 18 years of age and have read Reform’s Terms and Conditions. I consent to these Terms and Conditions before forming a User Account and participating in a Class.