Terms & Conditions

TERMS & CONDITIONS

Last updated: March 08, 2017

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with http://rushefitness.ie website (the “Service”) operated by Rushe Fitness LTD (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

PURCHASES

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

SUBSCRIPTION SERVICES

If you wish to purchase a subscription service.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Your subscription will remain active until such a time as you cancel your subscription.

Any payments made after payment dates will not be refunded.

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

ACCOUNTS

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

INTELLECTUAL PROPERTY

The Service and its original content, features and functionality are and will remain the exclusive property of Rushe Fitness LTD and its licensors. The Service is protected by copyright, trademark, and other laws of both the Ireland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Rushe Fitness LTD .

LINKS TO OTHER WEB SITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by Rushe Fitness LTD .

Rushe Fitness LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Rushe Fitness LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

TERMINATION

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

LIMITATION OF LIABILITY

In no event shall Rushe Fitness LTD , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

WAIVER

Waiver

We state: Rushe Fitness LTD (all coaches sub-contracted by Rushe Fitness LTD) are not a licensed dietician or nutritional specialist. All information you obtain will be directly from Rushe Fitness LTD’s own experiences. It is of best interest for anyone looking to start a fitness program to consult a physician before doing so; it would be wise to have blood work done, and a health check-up performed by a licensed physician.

Before submitting this application, please read and understand the following:

You(customer) totally understand that you(customer) may injure yourself as a result of participation in a fitness program, and hereby release Rushe Fitness LTD, www.rushefitness.ie, Emmet Rushe from any liability now or in the future for any injury, including, but not limited to heart attacks, death, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illness, soreness or injury however caused , occurring during or after my participation in the fitness program offered.

By submitting this application, you state that in consideration of your participation in Rushe Fitness’ (www.rushefitness.ie) fitness program, you for yourself, your personal representatives, administrators, heirs and assigns, hereby holds harmless, Rushe Fitness LTD, www.rushefitness.ie, Emmet Rushe from any claims arising from your participation in the fitness program.

By submitting this application, you affirm that you have read, have been honest with Rushe Fitness LTD, www.rushefitness.ie, Emmet Rushe and also fully understand the above information. You have been given the opportunity to present questions in all related matters.

emmet@rushefitness.ie

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Rushe Fitness LTD its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

TERMS AND CONDITIONS

You agree that you are voluntarily agreeing to join Rushe Fitness Limited. In doing so, you confirm that you are voluntarily engaging in a mixed modality training training program with Rushe Fitness, and your participation involves a risk of injury.Furthermore, you agree you have filled in our exercise readiness questionnaire, and disclosed any relevant information that may affect your training with Rushe Fitness Ltd. If you have not filled out the form, please contact a member of staff.

RUSHE FITNESS CONTRACT AGREEMENT

Between the undersigned (“the client”) and Rushe Fitness Limited for gym membership. Contract start date is the date of submission of this form. Contract is in force for minimum 1 month period from start date, with automatic monthly renewals thereafter.

CANCELLATIONS

A 7 day no penalty grace period applies from the date of submission of this contract whereby you may cancel the contract for any reason with no penalty. Thereafter the client will be charged monthly per ‘agreement to pay recurring fees’ below.

After the initial sign up, a 30-day notice period of any cancellation is required and must be submitted to Rushe Fitness Ltd via email to emmet@rushefitness.ie Verbal communication will not be accepted.The contract may be cancelled by Rushe Fitness Ltd without notice or reason.
If a cancellation is done inside the 30 day period, the account will be cancelled, but the next billing cycle will be charged as per the membership agreement.

ADMINISTRATION FEE

Any requests to change contracts to a package of lower monetary value shall be subject to an administration fee of €30 (deducted from card).

FREEZING OF AUTO PAY

To freeze an auto pay, a completed requested must be submitted in writing at least 14 days in advance of the billing date to emmet@rushefitness.ie in order for the request to be effective the following period.

At the sole discretion of Rushe Fitness Ltd, each client may request 2 account freezes per calendar year. To freeze an auto-pay, a completed requested must be submitted in writing at least 14 days in advance of the billing date to emmet@rushefitness.ie in order for the request to be effective the following period. A minimum period of 1 week (7 days) and maximum of 1 months (30 days) apply.

Missed Sessions
Any training sessions within the monthly allowance per the membership package not completed must be made up within that month. The member can avail of any other class time, within their package to make u the missed session.

An active membership is one where a monthly membership fee is still being paid. Missed sessions may not be carried over instead of paying for a week.
Payments may not be stopped to “catch up” missed sessions.

AGREEMENT TO PAY RECURRING FEES

The client agrees to pay Rushe Fitness Ltd recurring fees as follows: Rushe Fitness membership per the package subscribed to via client authorized automatic credit or debit card. Payment in monthly increments by any means other than the client’s credit or debit card is not permitted.

Please read and agree to the below terms:

(a) I agree to purchase a 1 month membership to Rushe Fitness Limited and accept the automatic renewal that will occur after the initial sign up unless I decide to give notification of cancellation.

(b) I agree to a monthly charge on my credit / debit card each month for the contract period and any renewals thereafter.

(c) I hereby certify that I am the named holder of the debit / credit card

(d) I understand that I will be notified if my credit /debit card payment fails to authorize for any reason, and that late fees may apply if I do not provide a valid credit / debit card within 10 calendar days of the original rejection date.

(e) I understand that my service will be deactivated if my account becomes more than 30 calendar days late.

I agree that I have read the terms and conditions of this contract and will abide by them