Please read the following key information and terms and conditions before you complete an application form to become a member and attend any class or event. You need to make sure you understand what it contains, your responsibilities and obligations or what you are not willing to agree to.

KEY   INFORMATION

We are a   company called Diet and Dance Limited trading as “Diet and Dance Club”,   incorporated in England and Wales, number 13254407, our registered address is   Suite 2A1 Northside House, Mount Pleasant, Cockfosters, London EN4 9EB.

We operate   a club that provides dance classes and organised events for its members.  These classes and events will be focussed on  providing you with the opportunity to learn and practice dance routines and understand more about nutrition and the role it plays in a healthy lifestyle.   These events will usually take places at venues we choose.

The   membership is subject to a monthly fee, with no minimum term. Membership is   open to adults over 18 and children aged between 13 to 17 with consent from   their parent or legal guardian. Adult members are responsible for child   members.

Cancellation   can take place at any time with at least one month’s notice.

Classes and   events are subject to additional fees.

We also   enable one-to-one sessions with a dance instructor or nutritionist but our   role is limited to booking and taking payment; otherwise you will have a direct   agreement with them for services and these may be subject to a separate set   of terms and conditions.

As a participant in physical activity and in receipt of any generic nutrition   information you understand that there are risks involved and agree to both to   assess your own ability to undertake such activity and follow such nutrition   information, seek your own medical advice as to whether you should   participate and the onus is upon you to notify us of any physical or mental   conditions, illnesses or other limitations that could affect your ability to   participate or increase the risk of injury to you.

If you have   complaint or any other concern then you are encouraged to use the contact   form on our website or write to us by post or email.

Who we are

We are a company registered in England and Wales under company number 13254407. Our registered office is at: Suite 2A1 Northside House, Mount Pleasant, London, England EN4 9EB.

We trade under the name “Diet and Dance Club”.

Defined terms

In these terms and conditions, the following terms have specific meanings:

• “classes and events” – the various classes and events that we organise for members;
• “member” means you or any child member and any guest for whom you are responsible;
• “membership” – the membership to which you sign up to by completing the application form; it can be either an adult or child membership;
• “we”, “us” or “our” means Diet and Dance Limited trading as “Diet and Dance Club” including any dance instructor, nutritionist, officer, employee or contractor for Diet and Dance Limited;
• “you” or “your” means the person who is a member and any child member attached to your membership and guest or guests;
• “dance instructor” means the dance instructor we provide for the relevant class or event; and
• “nutritionist” mean the nutritionist consultant that we provide for the relevant class or event.
• “rules of membership” means the rules and regulations that govern your membership which include both these terms and conditions and any rules on our website.
• “website” means our website at www.dietanddance.com

Contact us

If you do not understand any of these terms and conditions and want to talk to us about it, please speak with us and contact us by:

• email info@dietanddance.com(which shall be answered between Monday to Friday: 9am to 5pm); and
• telephone 07383 840054 (available between Monday to Friday 9am to 5pm).

1 Your membership

1.1 There are two types of membership:

• adult membership for those 18 years of age and above; and
• child membership for those between 13 and 17 years of age.

1.2 The application form may also include a number of compulsory questionnaires and declarations and they must also be completed and submitted along with the application form. We may also require a photograph either when you make application or after your membership has begun that may be kept with membership and/or used on any membership card.

1.3 An application for a child membership must be completed and signed by a parent or legal guardian. The parent or legal guardian shall be liable to us under these terms and conditions.

1.4 To ensure that the maximum number of members can participate in the class or event in the respective venue particularly during Covid related requirements then where:

• the parent or guardian is a member then their memberships will be linked to the child member;
• the parent or legal guardian is not a member then an adult member must be linked with the child membership and will be responsible for the child member during classes and events.

1.5 The membership begins when we have received and accepted your application form, the additional questionnaires and declarations and any membership fee or fees. You will be notified of when you are a member and may be given a membership number and membership card.

1.6 We reserve the right to refuse any application for membership within our absolute discretion.

1.7 Your membership is personal to you and can not be assigned or transferred to any other person.

1.8 By signing your application form for membership and completing the questionnaires and declarations:

• you are responsible for complying with these terms and conditions and bound by them and any documents referred to in them;
• where you have consented to a linked child membership, then you are responsible for ensuring the child complies with these terms and conditions when attending any class or event;
• any extra terms which we may add to, or replace some of these terms and conditions where we have notified you of them in advance; and
• any specific terms which apply to certain classes and events and where we have notified you of them.

The above documents form part of the agreement between you and us.

We reserve the right to notify you by email and/or by inclusion on our website.

2 Duration and cancelling your membership

2.1 The duration of the membership is one month and shall automatically renew on a month by month basis unless it is cancelled or terminated by either you or us.

2.2 Child memberships shall automatically terminate upon the child turning 18. In order to continue membership a new application will need to be made.

2.3 You can cancel your membership at any time by telling us you wish to cancel by giving us at least one month’s notice and which must fall on or before the monthly payment is due. Where you are a parent or legal guardian and have a child membership linked to your adult membership it will automatically terminate at the same time unless another adult member has given their consent to have their membership linked to the child membership.

2.4 Cancellation of your membership/s will not affect ourright to receive any money which you owe to us under these terms and conditions.

2.5 Without notice, we reserve the right to terminate or suspend your membership, or refuse to reserve a place in any class or event if we reasonably believe you have not complied with any term or condition or failed to make any payment that is properly due for membership, a class or event.

2.6 With reasonable notice, we reserve the right to at any time during the membership or prior to any renewal of a membership to:

• increase the fees or charge additional fees for the membership or any renewal of the membership;
• create new types of membership and change the type of your membership;
• limit what classes or events to which any child membership is entitled;
• change what classes and events you will be able to access via your membership: or
• terminate your membership for any reason.

2.7 Where we terminate your membership then we reserve the right to recover any payment that is properly due for membership, a class or event and you shall make such payment on demand.

3 Guests

3.1 We welcome adult members bringing guests whether they are adults or children provided the children are between the ages of 13 and 17. The maximum number of guests that any adult member can bring to any class or event is 2. Children must always be accompanied by an adult member.

3.2 Any guest may only attend up to two classes or events as a guest before we require them to become an adult member or a linked child member.

3.3 If you are looking to bring guests then you must:

• notify us and book in advance any place for the guest/s as if they were a member as attendance numbers for class or event are limited;
• sign in the guest which will also include a contact email and telephone number;
• complete any questionnaires or declarations that we reasonably require;
• stay with the guest at all times;
• make sure the guest is aware of all requirements as set out here in these terms and conditions and the rules regarding the classes and events; and
• ensure that they comply with any other requirements we may reasonably ask prior to the guest’s participation in the class or event (which may include becoming a member themselves).

3.4 Unless we agree to waive such fee (whether individually or as part of any campaign or promotion), guests (including children) must pay the applicable fee for the class or event prior to participation in the class or event.

4 Classes and Events

4.1 As a member and on payment of fees plus any other reasonable requirements, you will be able to book and attend the following:

• scheduled classes that will be led by a nutritionist and dance instructor; and
• organised events.

4.2 The nutritionist for the relevant class or event only provides generic information about nutrition and dieting. Such information is not specific to you. It is not medical advice and not to be treated as such. We do not provide medical advice in any of our classes or events on any condition, injury, illness or physical ailment that you have.

4.3 The dance instructor may or may not follow a dance syllabus taking into account the levels in each class; if so, such syllabus may be specifically developed for us or include elements from other dance styles. We will not be providing any grading or certification in relation to any syllabus we follow or any qualifications but we reserve the right to do so at some future point and we will notify you accordingly.

4.4 We will:

• ensure that the relevant nutritionist or dance instructor has the appropriate qualifications
• in any venue or location where the class or event is held, ensure it is suitable for the delivery of the class or event; and
• where applicable for the dance classes, follow any particular syllabus that may lead to achievements of specific levels for that syllabus.

4.5 Classes and events are limited to numbers and availability of venue and the relevant instructor and/or nutritionist. Some classes and events may not need both a dance instructor and nutritionist or either. Whether one or both are needed will be within our discretion.

4.6 We do not guarantee that there will be a minimum number of classes or events during your membership or in any calendar year, nor that the same or any specific dance instructor or nutritionist will always be available. We reserve the right to change the dance instructor or nutritionist at any time.

4.7 Classes or events must be booked in advance before attendance. You can book a place by email or telephone and when possible, on-line on our website. Any payment for the class or event must be in advance of the class or event to ensure your place is guaranteed for you. We will notify you either by email or otherwise that your place is confirmed. If you have been given a membership card, then you must bring this card for each class or event.

4.8 We reserve the right to turn you away from any class or event if it has not been booked in advance.

4.9 Child members must be accompanied by an adult member at all classes and events. A child member cannot be accompanied by any parent or legal guardian who is not a member. This is to ensure that the maximum number of members can participate in the class or event in the respective venue. This is particularly relevant whilst regulations are in force for Covid.

4.10 Once booked you can cancel a booking for a class or event by giving no less than 24 hours notice and you will be entitled to a refund of any fee paid for the class or event less processing or administrative fee we may incur. If you give us less than 24 hours you will not be entitled to any refund.

4.11 There shall be no refund for any period of the membership or any class or event that is provided free of charge.

4.12 We reserve the right to amend, suspend, delay or cancel any class or event:

• where the dance instructor or nutritionist is unavailable
• there are inadequate numbers of members if there is a minimum number of members required
• the venue or location is unavailable for any reason; or
• any other event that is beyond our reasonable control.

4.13 In the event that we amend, suspend, delay or cancel any class or event then we will either re-book you on an alternative or replacement class or event, provide you with a credit against any future class or event or refund you the fee paid for the class or event.

4.14 We also reserve the right to impose specific limitations on each class or event that could include but not limited to:

• maintain social distancing
• requirement to register and provide contact numbers
• check your body temperature in a non-intrusive manner
• require you make a declaration concerning your health and fitness
• requirement to wear masks or any other suitable clothing
• limit the numbers of attendees, visitors or guests at the venue; or
• any other requirement that may be necessary for to protect the health and safety of any persons at the class or event.

4.15 In the event of any failures by you of these terms and conditions and rules, in our absolute discretion we may do any or more of the following:

• refuse you entry to a class or event unless you have completed a questionnaire or any other additional requirement
• ask you to leave a class or event
• cancel any future class or event that you have booked; or
• suspend or cancel your membership including any linked child membership.

4.16 Where we exercise such rights,  we are not liable to you for losses or expenses you incur as a result and it is limited to the refund of any fee paid for the class or event.

4.17 Some of the classes and events may require you bring certain equipment. It is your responsibility to ensure that you have the appropriate equipment to participate in the class or event. We may have some equipment to loan to you and if we do, you agree to ensure that you will take suitable care of it and return it to us at the end of the class or event. If you damage such loaned equipment you will reimburse our costs of replacing the item upon demand.

5 One-to-one with the nutritionist or dance instructor

5.1 You are able to engage the nutritionist or dance instructor for private one-to-one sessions. We act as agents for the nutritionist or dance instructor and will:

• provide a platform to request a booking via our website
• process any payment including refunds either directly or via any third-party providers such as Zettle or Paypal.

5.2 Any one-to-one session is not confirmed until the applicable dance instructor or nutritionist confirms in writing that it has been confirmed.

5.3 There will be a direct contract as between you and the nutritionist or dance instructor and you may be required to enter into a further and separate agreement with them with its own terms and conditions.

5.4 Our obligation to you for any one-to-one sessions will be limited to the booking and processing any payment. We are not responsible or liable for any act or omission of the nutritionist or dance instructor in relation to those one to one sessions, and the services they provide to you.

6 Fees and payment

6.1 There is a monthly fee for becoming and remaining a member. Fees are paid advance and relate to the calendar month period following payment. Payment will be taken on the 1st of each calendar month (or such other date that we notify to you) and where the commencement of any application begins part-way through a month then the monthly payment will either be reduced pro rata or waived within our discretion. Where there is a period of free membership then payment will only begin after this period.

6.2 Classes and events will incur a fee that must be paid prior to participation in the applicable class or event. These may be paid immediately prior to the class. The fees for the various classes and events are available on our website.

6.3 These fees are kept under review and we reserve the right to change the fees from time to time. We will notify you of any changes and new prices will be available on our website.

6.4 We accept cash or any credit or debit cards via third party providers and via our website when that function is available.

6.5 The price is in pounds sterling (£)(GBP) and includes VAT at the applicable rate.

6.6 You promise to repay on demand any costs, losses or expenses we incur:

• from any negligent act or omission that you do that directly results in injury to any other member or any employee or agent of us, including the nutritionist, damage to our property or the property of any other member or visitors, and damage to any venue in which the class or event takes place; or
• from taking you to any medical facilities and any other medical costs that arise from any injury that you sustain during the class or event.

7 Your promises and obligations to us

7.1 You confirm that information that you have provided to us is accurate and complete to the best of your knowledge; further you agree to inform us if and when any information subsequently needs to be amended for any reason and as soon as possible.

7.2 You confirm that you are in good health and know of no medical reason why you can not take part in the classes and events. Also, you confirm that you have discussed with your doctor your ability and suitability of undertaking any class or event or undertaking any nutrition programme.

7.3 If you think you are suffering from any sort of medical condition you should seek the advice of your own doctor and should not delay seeking this advice because of any information you receive via the class or event.

7.4 You confirm that you have informed us and will keep us informed of any specific illness, condition, injury, disability that you believe would impact on your ability to participate in any class or event.

7.5 You confirm that you have made yourself familiar with all the rules contained in these terms and conditions and any additional rules that we notify to you for the classes and events and recognise that you are solely responsible for your own conduct before, during and after these classes and events.

7.6 We want everyone to enjoy being a member and be part of a supportive community. The following rules below are designed to encourage and build that community. You will:

• always be courteous and respectful of all other members, the nutritionists, dance instructors and any other person involved with us;
• refrain from using discriminative language or expressing views or opinions that could be classed as hateful, hurtful to any particular gender, age, creed, race, religion, or nationality
• refrain from sharing any information that is incorrect or incomplete or could potentially be harmful or contrary to public health
• not cause harm to or attempt to cause harm to, whether physical or mental (such as teasing or mocking or bullying), any other member, dance instructor, nutritionist or other person
• not use the class or event to sell any personal services or products to other members that relate to health, nutrition, fitness, exercise or dance without our consent which will we not unreasonably withhold
• accept and acknowledge that the dance routines and any nutrition information provided is confidential and consequently refrain from taking any photos, films or recording in any other way any of the dance routines that we teach or provide or of any information provided by the nutritionist and refrain from uploading or detailing it on any private or public personal website or podcast or social media profile without our consent, such consent not to be unreasonably withheld.

7.7 Further, you:

• confirm that you will comply with these terms and conditions and our requirements regarding your attendance and participation in any class or event
• you give us consent to you use any photo we take that includes you during the class for use on social media and other marketing or advertising purposes
• you give us specific permission to arrange any transport to a medical facility in the case of an injury
• you give us consent to notify any person you identify as an emergency contact in any circumstance where you are unable to give consent to such notification but we reasonably believe it is necessary to do so
• are responsible for any communication between members and accept that we are not responsible for any advice or recommendation that any other member may give you; and
• it is your sole responsibility to safeguard your own personal items during any class or event and we have no obligation or accept any responsibility for those personal items.

7.8 In the event of any failures by you of these terms and conditions and rules, in our absolute discretion we may do any of the following:

• refuse you entry to a class or event
• ask you to leave a class or event
• cancel any future class or event that you have booked
• suspend or cancel your membership including any linked child membership.

7.9 Where we exercise such rights,  we are not liable to you for losses or expenses you incur as a result and it is limited to the refund of any fee paid for the class or event.

8 Disclaimers and limitations

8.1 You recognise and accept that there are risks in undertaking any form of physical activity or group activity which could result in injury, illness and even death; We will do what we can to ensure you and the environment are as safe as can be but you accept that there are limitations and you have an active role and responsibility in keeping yourself and your fellow members safe.

8.2 YOU ACCEPT LIABILITY FOR ANY INJURY, death or damage to property directly arising from failing to:

• seek medical advice before undertaking any exercise or diet
• disclose to us any physical or mental condition that directly affects your ability to participate in any class or event or
• follow the instructions or rules and regulations that increase risk of injury or illness to yourself, your guest/s or any child member.

8.3 We do not guarantee or warrant that you will achieve any health, fitness or weight objectives by becoming a member or undertaking any class or event.

8.4 we are not liable to you for:

• any liability arising from attending any private one to one sessions with a dance instructor or nutritionists booked via us,
• any other matter that is reasonably beyond our control.

This does not affect your statutory rights or any liability that it is unlawful for us to exclude or limit.

9 Limits of our responsibility to you

9.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

• losses that were not foreseeable to you and uswhen the membership was formed, or that were not caused by any breach on our part
• business losses and
• losses to non-consumers.

10 Intellectual property rights and feedback

10.1 All information, graphics, trademarks, data, dance routines, any intellectual property whether registered or not, and other know-how are our property whether directly owned by us or properly licensed to us. By being a member or participation in the class or event, you accept and acknowledge that you are not acquiring any rights or licences for you to use in any way, sublicence, sell or transfer to any other party.

10.2 You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, or use in any way we deem fit, any feedback, ideas, suggestions that you provide about classes, events or website. Where applicable you agree to waive any moral rights that you may have to the extent permitted by law.

11 Complaints and Disputes

11.1 If you are unhappy or dissatisfied with the class or event or any other matter, then please contact us using the details provided either in these terms and conditions or on our website.

11.2 If you and wecannot resolve a complaint using our internal complaint handling procedure, we will:

• let you know that we cannot settle the complaint, and
• give you certain information required by law about our alternative dispute resolution provider.

11.3 Where we agree to your complaint or dispute then we may do one or more of the following:

• cancel your membership
• refund any fees you have paid in advance for any classes or events that you will not be able to attend if your membership is cancelled; or
• for any classes or events you attended and subject of the complaint, we will either provide you with a free place at future class or event of like value or refund the fees you paid for that class or event.

11.4 Nothing in these terms and conditions affects yourstatutory rights or other rights you may have in law.

11.5 If you want to take court proceedings, the courts of the part of the United Kingdom in which youlive will have non-exclusive jurisdiction in relation to these terms and conditions.

11.6 The laws of England and Wales will apply to these terms and conditions.

12 Changes to these terms and conditions

12.1 If we have to change to these terms and conditions, then we have the right to do so and notify you accordingly. If you do not accept such change then you can cancel your membership in accordance with these terms and conditions within 7 days of being notified of the change. If you do not notify us, then you are deemed to accept such change when you continue to use your membership and attend classes and events.

13 Your privacy and personal information

13.1 Your privacy and personal information are important to us. Any personal information that you provide to uswill be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

13.2 Our Privacy Policy is available on our website or you can request a copy by contacting us.

14 Third party rights

No one other than a party to these terms and conditions has any right to enforce any term of these terms and conditions.

Version 1.0

Date: 17 May 2021