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Forward Marketing Direct (Local Community Wellness Clubs)
Terms and Conditions

Effective December 18th 2009

 

Thank you for enquiring about our local community wellness clubs.  Your decision to become a member, either regular or casual, will depend on your level of commitment and your schedule.  Before you decide to become a member, please read these Terms and Conditions carefully because they contain important information which apply to you and your membership, and will become a binding agreement between you and Forward Marketing Direct (local Community Wellness Clubs) “FMD (LCWC)” once you confirm your membership.  If you do not agree to all of these Terms and Conditions, “FMD (LCWC)” politely request you not to become a member.

 

Information and Weekly notes.

 

Irrespective of the method of payment (a single payment, weekly casual membership or monthly subscription); “FMD (LCWC)” will issue information and notes on a weekly basis only, these will be available directly from the website (access by a PIN number which will be issued weekly) or by prior arrangement a printed copy can be provided subject to a small administration charge of £1 per week.  Under no circumstances will “FMD (LCWC)” provide all weekly notes or other information as a single package.  This goes against the main principle of the club concept which is to provide all information in a structured and easily digestible manner.  The PIN number for accessing the weekly notes will be made available to all club members in attendance at the end of the presentation/education session.

 

 

“FMD (LCWC)” Publications and other Materials.

 

“FMD (LCWC)” Publications and any newsletters and other materials that you may receive from “FMD (LCWC)” are the exclusive property of “FMD (LCWC)” and are protected by copyright and other applicable laws.  The “FMD (LCWC)” materials are for your own personal use, and you cannot copy any portion of these materials without the written permission of “FMD (LCWC)” or distribute additional copies of “FMD (LCWC)” Materials to others. 

 

 

“FMD (LCWC)” '12 Week Challenges'

 

Previous members may be required to register for the next “FMD (LCWC)” challenge by reserving their place by completing the online form available from the home page of the website www.community-wellnessclubs.co.uk.  This will be dependent on demand at the time, (i.e. in the case that the membership is fully subscribed and the prize fund is in place) and is necessary to give ‘new’ members priority. If a previous member turns up and wishes to join the “FMD (LCWC)” challenge and has not pre-registered, it will be at the Club Leader’s discretion to admit them in to the challenge.  In all cases, the previous member will be required to pay a surcharge of £25 in addition to the challenge entrance fee current at the time. A decision made by the Club Leader regarding the above will be final in all cases.
To be eligible for one of the prizes in the “FMD (LCWC)” '12 week challenge', a member must attend at least six of the weekly weigh-in sessions and must stay throughout the presentation of the weekly subject.  This is the education which is provided to all members and is a very important part of the club concept.  There will be no exceptions to this rule.

 

 

Exclusion/Limitation Of Liability.

 

Notwithstanding any other provision of this Agreement, and to the maximum extent permitted by applicable law: (a) “FMD (LCWC)”  liability (if any) under this Agreement or otherwise is limited to the purchase price paid by you for the “FMD (LCWC)” membership, and in no event will “FMD (LCWC)” be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage, arising from, connected with, or relating to this Agreement, the subject matter of this Agreement, any “FMD (LCWC)” product or otherwise, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by “FMD (LCWC)” or any person for whom “FMD (LCWC)” is responsible, and even if “FMD (LCWC)” has been advised of the possibility of such potential loss or damage being incurred; and (b) in no event will “FMD (LCWC)” total aggregate liability to You or any other person under this Agreement or otherwise, under any contract, negligence, strict liability or other legal or equitable theory, regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by "S2S/FMD" or any person for whom “FMD (LCWC)” is responsible, and even if “FMD (LCWC)” has been advised of the possibility of such potential loss or damage being incurred, exceed the purchase price paid by You to “FMD (LCWC)” for the Materials.  In this paragraph, “FMD (LCWC)” includes “FMD (LCWC)” and its past, present and future directors, officers, employees, agents, representatives, subcontractors, service providers, successors, permitted assigns, and related persons.

 

Training Bookings & Payments.

 

Bookings made for training days/sessions, including payments made online, by post or in person are non-refundable and non-transferable.  Tickets issued by  “FMD (LCWC)”  will act as a receipt and proof of payment.  “FMD (LCWC)” reserve the right at their discretion to carry forward the booking to the next training day in exceptional circumstances, but only for the following training day (which will usually be the following month).

 

Governing Law and Disputes.

 

This Agreement and all related matters will be governed by and interpreted in accordance with the laws of the United Kingdom applicable therein without regard to conflict of laws rules.  All disputes relating to this Agreement shall be resolved before the Courts of the United Kingdom, and you hereby irrevocably submit to the jurisdiction of the courts of the United Kingdom and waive any objection that you may now or hereafter have based on inconvenient forum for such proceedings.  The United Nations Convention on the International Sale of Goods will not apply to this Agreement.

 

Other Rights.

 

The exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions.  Such limitations may apply to you.

 

Miscellaneous.

 

You represent that you are of legal age to enter into binding contracts under the laws of the jurisdiction where you reside.  If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of any such severance this Agreement would fail in its essential purpose.  This Agreement will enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, personal representatives, successors and assigns.  This Agreement sets forth the entire agreement and understanding of you and “FMD (LCWC)” with respect to the subject matter of this Agreement and supersedes any and all previous communications, representations, negotiations, discussions, agreements or understanding, whether oral or written, between you and “FMD (LCWC)” with respect to the subject matter of this Agreement.  All amounts are stated in GBP (U.K. pounds sterling) unless otherwise made clear.  Purchase prices are exclusive of shipping and handling charges and any applicable taxes, customs or duties.