Terms & Conditions
Overview
This website is operated by Dabbs Lifestyle | Fitness. Throughout the site, the terms “we”, “us” and “our” refer to Dabbs Lifestyle | Fitness. Dabbs Lifestyle | Fitness offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Online Store Terms
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications To The Service And Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products Or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
Errors, Inaccuracies And Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Dabbs Lifestyle | Fitness, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Dabbs Lifestyle | Fitness and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Governing Law
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 123 Weymouth Street, Marylebone, London, NW1.
Changes To Terms and Conditions
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Contact Information
Questions about the Terms and Conditions should be sent to us at info@dabbsfitness.com.
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
Disclaimer: You should always consult with your doctor before beginning any type of exercise or physical liability.
DECLARATIONS:
This Agreement is entered into between Marylebone Fitness Limited (trading as Dabbs Fitness) and the undersigned client. The provision of all training services offered by Marylebone Fitness ltd, including but not limited to all group training sessions and personal training sessions at the Dabbs Gym and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK:
By agreeing to this Agreement, enrolling online, and/or attending classes, events, activities, and other programs of Marylebone Fitness Limited (“Dabbs Fitness”), whether online or in the Dabbs Fitness gym or using Dabbs Fitness equipment, and/or by using the Services, you hereby acknowledge and agree on behalf of yourself, your heirs, personal representatives and/or assigns (collectively, “you” and/or “yourself”), that (a) there are certain inherent risks and dangers in the strenuous nature of the Dabbs Fitness training programs; (b) you have voluntarily chosen to participate in an intense physical exercise program; (c) you understand that Dabbs Fitness strongly recommends that you consult with a licensed physician prior to commencing any classes; (d) you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death; and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages the Dabbs Fitness Entities, its instructors, members and employees for any injury, harm or loss you may suffer, including death, as a result of participation in any Dabbs Fitness training sessions or activities. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), or other areas, changing rooms, stairs, bathrooms, or other general areas of the Dabbs Fitness Gym, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, and aerobic activities. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Dabbs Fitness or otherwise.
RELEASE:
You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Dabbs Fitness (and Dabbs Fitness affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Dabbs Fitness, whether active or passive, or any of Dabbs Fitness affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from the Dabbs Gym, including injuries resulting from Dabbs Fitness or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION:
By execution of this agreement, you hereby agree to indemnify and hold harmless Dabbs Fitness from any loss, liability, damage, or cost Dabbs Fitness may incur due to the provision of Training services by Dabbs Fitness to you.
You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Marylebone Fitness Limited, or their staff or trainer’s negligence, or for any defective product used while receiving personal training, or group training services. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
Please sign below.
If the client is under the age of 18, a parent or guardian must sign below on their behalf.
TERMS & CONDITIONS
Marylebone Fitness Ltd is a limited company, trading as Dabbs Fitness, and below referred to as “Dabbs Fitness”.
Please read carefully the following Terms of Use, which may be updated from time to time by Dabbs Fitness (these “Terms”). These Terms define yours and Dabbs Fitness’ rights and obligations. The most current version of these Terms can be accessed at any time at www.dabbsfitness.com (the “Site”). Changes to these Terms will be notified via posting on the Site (or other written notice to you).
ACCEPTANCE OF TERMS OF USE
By accessing, browsing, and/or using the Site and/or any
facility operated by Dabbs Fitness (“Gym”), you accept and agree to be bound to these Terms. In addition, when using particular Dabbs 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.
DABBS PAYG SESSIONS GENERAL TERMS
The Dabbs Fitness pay as you go sessions is a non contract payment that allows the user to access Dabbs Fitness sessions in the gym. The session is to be used by the holder only and cannot be shared.
We operate a 12 hour cancellation policy.
DABBS MEMBER CYCLE
Your Dabbs Member membership starts on the date that you sign up and submit payment via a valid Payment Method (as defined below).
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 Dabbs Fitness. We will automatically bill the monthly membership fee to your Payment Method each month until your Dabbs Member membership is cancelled or terminated.
SESSION PACKAGES
Dabbs Fitness packages holders receive the number of classes commensurate with the package purchased. Such classes may be redeemed until such time that the Package is exhausted whether through consumption or expiry.
Dabbs Fitness Session Package holders may transfer or gift classes to third parties. Dabbs Fitness makes no guarantee on the availability of classes as access to classes is on a space-available basis.
DABBS FITNESS PACKAGES EXPIRY
Your Dabbs Fitness Session Package starts on the date that you attend the first class. If unused they will expiry in 12 months.
BILLING
Recurring Billing.
By starting your Dabbs Member membership, you authorise us to charge you a monthly fee at the then current rate. Increases in the current rate will be notified with 1 month’s notice, after your initial 12 monthly billing cycle.
No 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.
This policy applies to all products sold on Dabbs Fitness website and app i.e. packages of sessions, personal training session and Dabbs Member membership.
Payment Methods.
You may edit your Payment Method information by logging into your Dabbs Fitness Gym 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 Method information, provided that you have not cancelled your account in accordance with these Terms (see, “Cancellation” below), you remain responsible for any uncollected amounts.
All memberships have a two month minimum term, so can’t be cancelled until after your first two payments. You may terminate your membership at any time from this point with at least 1 day prior notice ahead of a renewal date. For example, if your next renewal date is 30th September, you need to cancel by 29th 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 upon your return.
It’s the pass holder’s responsibility to terminate their own billing cycle by logging into their online account. Please see “no refunds” policy.
OTHER FEES
Dabbs Fitness sessions packages only give access to the class for which you signed up.
TERMINATION BY DABBS FITNESS
You agree that Dabbs Fitness, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Dabbs Fitness or use of the Site and/or gym and remove and discard all or any part of your account or any content uploaded by you, at any time.
Dabbs Fitness may also in its sole discretion and at any time discontinue providing access to the Site and/or Gym, 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 Gym may be effected without prior notice, and you agree that Dabbs Fitness will not be liable to you or any third party for any such termination, provided that, if Dabbs Fitness terminates your account other than due to breach by you of these Terms, Dabbs Fitness shall refund a pro-rata proportion of the fee paid for the time in which such termination takes effect.
Dabbs Fitness does not permit copyright infringing activities on the Site and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site and/or Gym may be referred to appropriate law enforcement bodies. These remedies are in addition to any other remedies that Dabbs Fitness may have at law.
ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS
The site is not intended for users suspended or removed from the site by Dabbs Fitness.
Applicable only to corporate accounts authorized by us:
If you are using or opening an account on the Site on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms.
You agree that the information you provide to Dabbs Fitness on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.
PRIVACY
Your privacy is important to Dabbs Fitness. The Dabbs Fitness Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Dabbs Fitness’ collection, use, and disclosure of your personal information.
PROHIBITED GYM CONDUCT
By using the Site, you promise to:
Respect our facility
Respect our procedures
Respect our teams
Respect our customers
Respect our product
PROHIBITED SITE CONDUCT
By using the Site, you promise not to:
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Harass, threaten, or defraud Site users;
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Make unsolicited offers, advertisements, proposals, or send junk mail to users;
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Impersonate another person or access another user’s account without that person’s permission;
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Share Dabbs Fitness-issued passwords with any third party or encourage any other user to do so;
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Permit third parties to use any classes booked under your Dabbs Membership;
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Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
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Upload material (e.g., virus) that is damaging to computer systems or data of Dabbs Fitness or users of the Site;
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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
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Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
PROHIBITED SITE USES
Those who choose to access the Site do so at their own initiative and are responsible for compliance with all applicable laws.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site.
You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You must be 18 years of age or older to use this Site or to purchase a Dabbs Membership and/or Dabbs Session Package, unless your legal guardians sign a waver on your behalf.
USER SUBMISSIONS
General.
The Site provides certain features which enable you and other users to submit, post, and share content with other users, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions”). User Submissions are displayed for informational purposes only and are not controlled by Dabbs Fitness.
Dabbs Fitness cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Dabbs Fitness, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
Right to Remove or Edit User Submissions.
Dabbs Fitness makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice.
License Grant by You to Dabbs Fitness.
You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Dabbs Fitness, you hereby grant Dabbs Fitness and its affiliates, sub-licensees, partners, designees, and assignees of the Site (collectively, the “Dabbs Fitness Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and dabbs Fitness’ (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
User Submissions Representations and Warranties.
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that:
(1) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Dabbs Fitness to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Dabbs Fitness and these Terms, and to grant the rights and license set forth above, and
(2) your User Submissions, Dabbs Fitness’ or any Dabbs Fitness Licensee’s use of such User Submissions pursuant to these Terms, and Dabbs Fitness’ or any of Dabbs Fitness Licensee’s exercise of the license rights set forth above, do not and will not:
(a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(b) cause injury to any other person;
(c) violate these Terms or any applicable law or regulation; or
(d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
Dabbs Fitness may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that Dabbs Fitness determines in its sole discretion to be violative of the standards of this Site. Dabbs Fitness takes no responsibility and assumes no liability for any User Submissions.
Inaccurate or Offensive User Submissions.
You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Dabbs Fitness does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You acknowledge and agree, to the fullest extent permitted by applicable law, that neither Dabbs Fitness (nor any member of the Dabbs Fitness group of companies (and any subsidiary of such entity)), has any liability to you in respect of any such user submissions.
Feedback. If you provide Dabbs Fitness with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), Dabbs Fitness shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Dabbs Fitness a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
ADDITIONAL TERMS
When using the Site and/or the Gym, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time (the “FAQs”). All such FAQs are hereby incorporated by reference into these Terms.
OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by the Marylebone Fitness Limited (Trading as Dabbs Fitness).
The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Dabbs Fitness (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of Dabbs Fitness or its subsidiaries or affiliated companies and/or third-party licensors.
All trademarks, service marks, and trade names used by us on the Site are proprietary to Dabbs Fitness or its affiliates and/or third-party licensors. Except as expressly authorized by Dabbs Fitness, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The Site may include links to other websites or services (“Linked Sites”) solely as a convenience to users. Dabbs Fitness does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Dabbs Fitness makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. You agree that Dabbs Fitness will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.
NOTICE
Notices will be sent to you at the email address that you provided to Dabbs Fitness during the registration process.
Notices may be sent to us at the email address: contact@dabbsfitness.com. Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received.
Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.
DISCLAIMERS; NO WARRANTIES
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 Dabbs Fitness 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 Dabbs Fitness, 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, Dabbs Fitness, 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.
Unless otherwise expressly stated by Dabbs Fitness, Dabbs Fitness, its suppliers and partners do not warrant or make any representations.
(1) That the site and any downloadable software, content, services, or applications made available in conjunction with or through the site will be uninterrupted or error-free, that defects will be corrected, or that the site and any downloadable software, content, services, or applications made available in conjunction with or through the site or the server that makes them available are free of viruses or other harmful components, or
(2) Regarding the use of the site and any downloadable software, content, services, or applications made available in conjunction with or through the site in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you download or otherwise obtain material or data through the use of the site at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
WAIVER
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same.
A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
LIMITATION OF LIABILITY AND DAMAGES
Nothing in these terms (including but not limited to the “disclaimers” above and limitations of liability below) is intended to exclude or limit any liability that we may have to you by operation of applicable law. This includes liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation. It is acknowledged however, that we accept no liability for the negligence of third parties.
Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Under no circumstances, including, but not limited to, negligence, will Dabbs Fitness or its affiliates, contractors, employees, agents, or third party partners, or suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages arising from or related to the use of the gym, including those that result from the use or the inability to use the facilities in the gym or the materials on the site, or any other interactions with Dabbs Fitness, even if Dabbs Fitness or a Dabbs Fitness authorized representative has been advised of the possibility of such damages.
Applicable law may not allow limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Dabbs Fitness’ liability will be limited to the fullest extent permitted by applicable law.
DISPUTE RESOLUTION
General.
Generally, if a dispute arises between Dabbs Fitness and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Dabbs Fitness agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law; Forum.
These Terms shall be governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Dabbs Fitness must be resolved by a court located in the United Kingdom, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the UK for the purpose of litigating all such claims or disputes.
MISCELLANEOUS
Severability.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Headings.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement.
This (including the documents referred to herein), is the entire agreement between you and Dabbs Fitness relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Dabbs Fitness as set forth in the Preamble to these Terms.
Disclosures.
The services hereunder are offered by Marylebone Fitness Limited (trading as Dabbs Fitness), a limited liability company incorporated and registered in England and Wales with company number 09768205, whose registered office is located at: 36 Weymouth Street, London W1G 6NJ.
