TERMS + CONDITIONS.
By accessing, browsing, and/or using the Site and/or any facility being used for THE HARD YARD’s services, you accept and agree to be bound to these Terms.
THE HARD YARD GENERAL TERMS
1. THE HARD YARD provides tough prison style workouts which can be booked via the Site - www.thehardyard.co.uk
2. You must be 18 years of age or older to purchase THE HARD YARD classes and to attend THE HARD YARD workouts.
3. You agree that the information you provide to THE HARD YARD when signing up to a class 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 for THE HARD YARD, you will be asked to create a password.
4. 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.
5. When you attend THE HARD YARD workouts we may take photographs for use in promotional and marketing materials. By accepting these terms and conditions you consent to your photograph being taken and used at THE HARD YARD’s discretion via all promotional and marketing channels.
6. Refunds. Our fees are nonrefundable.
7. Rescheduling. You can reschedule a class up to 24 hours in advance free of charge.
8. Price Changes. We reserve the right to adjust pricing at any time.
9. Payment Methods. We accept the following payment methods: Visa, MasterCard, American Express, Diners Club, Discover, JCB. Payments are taken through our payment gateway provider, Stripe.
OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by the THE HARD YARD Limited. 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 THE HARD YARD (“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 THE HARD YARD 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 THE HARD YARD or its affiliates and/or third-party licensors. Except as expressly authorized by THE HARD YARD, 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.
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 THE HARD YARD 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 THE HARD YARD, 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, THE HARD YARD, 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 THE HARD YARD, THE HARD YARD, 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.
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 THE HARD YARD 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 CLUB AND/OR THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE FACILITIES IN THE CLUB OR THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH THE HARD YARD, EVEN IF THE HARD YARD OR A THE HARD YARD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE HARD YARD’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
General. Generally, if a dispute arises between THE HARD YARD and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and THE HARD YARD 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 THE HARD YARD 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.
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 THE HARD YARD 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 THE HARD YARD as set forth in the Preamble to these Terms.
Disclosures. The services hereunder are offered by THE HARD YARD Limited, a limited liability company incorporated and registered in England and Wales with company number 10484939 whose registered office is located at: 71-75 Shelton Street, Covent Garden, London, Greater London WC2H 9JQ, United Kingdom