Feel Electric Limited – General Terms and Conditions
1.1 These general terms and conditions (“General Terms”) set out the agreement between Feel Electric Limited, trading as Feel Electric (“we”, “us” or “our”), and any person receiving one or more of the Services delivered by us to the customer (“you”, “your”, “user”).
1.3 While all of these terms are important, you should pay particular attention to:
1.3.1 the conditions relevant to you while training at any Feel Electric Studio as set out in Clause 4;
1.3.2 our liability to you and your liability to us as set out in Clauses 9 and 10; and
1.3.3 how we may make changes to the Services and/or the Agreement as set out in Clauses 11 and 12.
2.1 The following words and phrases have the meanings as shown below:
has the meaning given in Clause 1.2;
means the payment funding source (Credit or Debit Card / Direct Debit / PayPal) you used to sign up for an EMS membership subscription to Feel Electric Limited or any other services from us, that may require a single or reoccurring payment using one or more of the provided payment methods.
PAR-Q Health Questionnaire
means you are responsible for advising and keeping us up to date via the member portal any of the following, but not limited to medical conditions that may affect your eligibility to participate in EMS sessions: active medical implants; epilepsy; pregnant; severe circulatory disorders; arterial circulatory disorders; strong bleeding tendencies (haemophilia); bleeding; abdominal wall hernia; inguinal hernia; tuberculosis; tumour diseases; arteriosclerosis in advanced stage; severe neurological disorders; diabetes mellitus; febrile diseases; acute bacterial or viral infections; or liver diseases, and as updated from time to time;
means the Data Protection Act 1998, Directive 95/46/EC of the European Parliament and any laws or regulations implementing it, until such date as the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) or equivalent legislation shall apply and all other applicable laws (including judgments of any relevant court of law) and regulations relating to the processing of personal data, data privacy and data security, in each case as amended, extended or re-enacted from time to time and all orders, regulations, statutes, instruments or other subordinate legislation made thereunder in any jurisdiction from time to time;
has the meaning given in Clause 14.1;
EMS Trial Session
means a complimentary free trial Personal trainer led and machine based fitness training session using Feel Electric equipment and garments with up to two (2) Users taking part in such free trial training sessions at any one time, which is conducted by one of our Feel Electric Trainers; 1-2-1 is defined as a one customer to one personal trainer taking part in a single EMS session. 2-2-1 is defined as two customers to one personal trainer taking part in a single EMS session.
means a credit which is redeemable against a booked appointment to take part in an EMS Training Session.
Device, equipment and accessories
Is defined as Equipment, means the electric muscle stimulation training device itself, the vest, straps and any other accessories and equipment connected or associated with the electric muscle stimulation training session, is supplied to you on a loan basis for your use during an EMS Trial Session or EMS Training Session delivered at a Feel Electric Studio;
means a machine based fitness training session using the Feel Electric Training Equipment with up to four (4) Users partaking in such training at any one time, which is conducted by one of our Feel Electric Trainers;
means patents, copyright and related rights, trademarks, company names and domain names, rights in designs, video, photography and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
has the meaning in the Feel Electric Trial and Consultation Terms and Conditions;
has the meaning in the Feel Electric Membership Terms and Conditions; is defined as a registered member whether subscribed to a EMS package or not.
has the meaning in the Feel Electric Membership Terms and Conditions; is defined as a member who has one or more paid for subscriptions with reoccurring billing or a single one off EMS credit associated with their account.
Is defined as the Feel Electric studio you 1; is local to your registered address associated with your membership account. 2; the studio you attend most frequently whether local to your registered address or not.
Is the operating hours (open and closing) for your home studio; displayed on the EMS studio for your respective home studio. Operating hours can change subject to demand.
has the meaning given in Clause 1.2, and are the terms associated with your Feel Electric subscription confirmed at the time of purchase by email and on the subscription confirmation. Relevant to the Services you have signed up to receive from us and such confirmation email is defined within such terms;
means the services provided by us to you at a Feel Electric Studio, as more particularly described in Clause 3.1 and the relevant Service Terms;
Feel Electric Studio
means any one of the Feel Electric fitness studios displayed on our Website from time to time;
Feel Electric Studio
means the Feel Electric Studio house rules available on our Website, and as updated from time to time;
Feel Electric Trainer
means the fitness personal trainer / instructor delivering an EMS Trial Session or EMS Training Session;
includes an EMS Training t-shirt, shorts and socks and any other training equipment provided to you for the use within a Feel Electric Studio; You have the right to buy your own training garments for use with all future EMS Training Sessions following your Trial Session.
Is defined as a customer, with an active or not subscription that has registered for an account at https://feel-electric.com/. has the meaning in the Feel Electric Trial and Consultation Terms and Conditions;
We and our
has the meaning given in Clause 1.1;
means our website located at: https://www.Feel Electric.co.uk/;
You and your
has the meaning given in Clause 1.1; and
has the meaning given in Clause 13.1.
Illness or Infection
As defined in 4.6, You must not attend a Feel Electric Studio if you are suffering from any infection or contagious illness.
As defined in 4.10 and 4.11, means that you did not arrive for a pre-booked EMS Trial or Training Session.
3. THE SERVICES
3.1 These General Terms apply to your receipt of any one or more of the Services performed by us. In addition to these General Terms, such Services will be governed by the relevant terms and conditions that apply as set out below:
3.1.1 an Introduction to Feel Electric with one of our Feel Electric Trainers in accordance with the Feel Electric Trial and Consultation Terms and Conditions; and
3.1.2 a Membership, in accordance with the Feel Electric Membership Terms and Conditions.
3.2 You acknowledge that time shall not be of the essence for our performance of the Services under the Agreement, and we shall perform the Services within a reasonable time.
4. TRAINING CONDITIONS
4.1 You must abide by the Feel Electric Studio Rules, any instructions, advice and/or guidance from any Feel Electric Trainers, employees or other staff of a Feel Electric Studio, while attending a Feel Electric Studio and/or receiving the Services.
Contraindications & Illness
4.2 By entering into the Agreement you agree and acknowledge to complete our PAR-Q Health questionnaire before completing any EMS Session and that you are not, or do not have or suffer from, any health related topics listed (Contraindications), or if you do, you have sought independent medical advice as to the suitability of the Services for use by you prior to entering into the Agreement.
4.3 If you are, have or suffer from any Contraindications, you must provide us with written evidence from a doctor or medical professional that you are fit to receive the Services, before we can allow you to participate in any EMS Training at a Feel Electric site.
4.4 Subject to Clause 4.3, you must not use the EMS Training Device if you, are, have or suffer from any health related topics as defined in the PAR-Q.
4.5 Subject to Clause 4.3, if you have any health related topics listing in the PAR-Q, you must consult with one of our Feel Electric Trainers before you can participate in any EMS Training Session at Feel Electric. If we do not think it is safe for you to use the EMS
Training Device, we may exercise our rights to terminate the Agreement, and if applicable your Membership, and refund any amounts charged by us to your Payment Method (as applicable).
4.6 You must not attend a Feel Electric Studio if you are suffering from any infection or contagious illness.
4.7 By entering into the Agreement you agree and acknowledge that you are over the age of sixteen (16), or if you are under the age of sixteen (16), you have obtained consent from your parent or guardian before entering into the Agreement.
4.8 If you are under the age of sixteen (16), we will assess you during your Introduction to Feel Electric. If we do not think it is safe for you to use the EMS Training Device, we may exercise our rights to terminate the Agreement, and if applicable your Membership, and refund all amounts charged by us to your Credit or Debit Card (as applicable) for Services that you have not yet received from us. You agree that we may retain such amounts charged by us for Services that you have received from us.
EMS Trial Session & EMS Training Sessions
4.9 Before participating in an EMS Training Session you must have received an Introduction to Feel Electric pursuant to Clause 3.1.1.
4.10 EMS Trial Session:
4.10.1 You must arrive at the Feel Electric Studio at least ten (10) minutes before the start of the EMS Trial Session you booked,
4.10.2 Otherwise we may cancel your appointment for an EMS Trial Session, and if we do and unless we inform you otherwise in writing or re-book an alternative EMS Trial Session for you (at a time agreed between you and us), you will lose your right to re-book an alternative EMS Trial Session.
4.10.3 No show for a pre-booked appointment will result in a loss of booking credit.
4.11 EMS Training Session
4.10.1 You must arrive at the Feel Electric Studio at least ten (10) minutes before the start of the EMS Training Session you booked,
4.10.2 Otherwise we may cancel your appointment for an EMS Training Session, and if we do and unless we inform you otherwise in writing or re-book an alternative EMS Training Session for you (at a time agreed between you and us), you will lose your right to re-book an alternative EMS Training Session.
4.10.3 No show for a pre-booked appointment will result in a loss of booking credit.
4.11.1 be unable to reuse your Feel Electric Credit to book an alternative the EMS Training Session, and the Feel Electric Credit you used to book the EMS Training Session will expire; or
4.11.2 be entitled to re-book the next available EMS Training Session (only if we notify you of your right to do so in writing).
4.12 You must wear the Feel Electric Training Equipment during an EMS Trial Session or EMS Training Session.
4.13 You must not operate the EMS Training Device yourself, including changing any features or settings of the EMS Training Device, or changing the training levels or intensity. Only a Feel Electric Trainer may operate the EMS Training Device on your behalf.
4.14 You must inform us immediately, stop using the EMS Training Device, and seek independent medical advice if:
4.14.1 you feel any pain or discomfort while using the EMS Training Device; or
4.14.2 you develop any health related topics (Contraindications) at any time during the term of the Agreement (as described in the relevant Service Terms).
4.15 You must not use the Feel Electric Training Equipment under the influence of alcohol nor under the influence of any other drugs.
4.16 You must book EMS Training Sessions via our Website.
4.17 If we need to cancel an EMS Trial Session or EMS Training Session, we will notify you, and you will be entitled to re-book an EMS Training Session during the term of the Agreement (as described in the relevant Service Terms).
4.18 You must not abuse the training facilities at any Feel Electric Studio, the Feel Electric Trainers, staff or any other Member or User of Feel Electric.
4.19 You must not use any EMS Training Device more than once within any consecutive period of one hundred and twenty (120) hours during the Membership Period.
5. USE OF OUR PROPERTY
5.1 You acknowledge that the Feel Electric Training Equipment shall remain our property at all times.
5.2 Your use of the Feel Electric Training Equipment is limited to use during your Introduction to Feel Electric, Trial or an EMS Training Session (as applicable) and must be returned to us at the end of your session (as applicable). The Agreement does not grant you any right of ownership of the Feel Electric Equipment.
5.3 We may undertake routine checks of changing rooms and lockers before, during and after the Feel Electric Studio Opening Hours and we will remove any property found within the lockers and store it for a maximum period of one hundred and twenty (120) hours. If you do not claim property left in one of our lockers within said time, we may dispose of such property.
6. YOUR SAFETY
6.1 Our Feel Electric Trainers and staff are not medically trained or qualified and we strongly recommend that you take independent medical advice before entering into the Agreement and/or receiving the Services.
7. RESERVATION OF RIGHTS
7.1 You acknowledge that all Intellectual Property Rights, title to and interests in the Services belong to either us or our suppliers and third party providers. These rights are protected by laws and treaties around the world and all such rights are reserved.
7.2 You acknowledge that you have no rights in, or to, the Services other than the limited right to use the Services, in accordance with the Agreement.
8. MAINTENANCE, REFURBISHMENTS AND/OR REPAIRS
8.1 You acknowledge that we may need to carry out maintenance, refurbishments and/or repairs of a Feel Electric Studio or the EMS Training Devices from time to time, and if we do, we may need to close a Feel Electric Studio, which may disrupt your receipt of the Services.
8.2 If we close a Feel Electric Studio pursuant to Clause 8.1 you are entitled to use an alternative Feel Electric Studio, and you agree that this will not be considered a material breach by us of the Agreement.
8.3 Alternatively, we will pause your membership halting the processing of any payments due to for Services not taken.
9. OUR LIABILITY
9.1 We will be liable to you for any loss: (i) causing death or personal injury arising from our negligence; (ii) caused by our fraud or fraudulent misrepresentation; or (iii) which cannot be restricted by law.
9.2 Subject to clause 9.1:
9.2.1 if you use the Services for personal use, we will not be liable to you for any loss or damage that was not foreseeable to you and us at the time you entered into the Agreement with us or that does not flow directly and naturally from our breach; and
9.2.2 if you use the Services for commercial or business use, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), and whether foreseeable or not, arising under or in connection with the Services, that does not flow directly and naturally from our breach.
9.3 Subject to clause 9.1 and 9.2, our liability to you will be limited to a maximum of £50.00 or the amount payable by you under the Agreement (whichever is lower) per claim for:
9.3.1 any breach of any implied statutory duty owed to you by us, including that we must provide the Services to you with reasonable care and skill and in accordance with the information provided by us about the Service;
9.3.2 loss of, or damage to, your property because of our negligence, wilful conduct or failure to provide reasonable care and skill, provided that you have taken steps to protect your property by using one of our lockers (note that we will not be liable where you have not used one of our lockers); or
9.3.3 any other loss that flows directly and naturally from our breach.
9.4 Subject to Clause 9.1, by attending a Feel Electric Studio and receiving the Services, you acknowledge and accept that we will not be liable for any theft or unauthorised use by a third party of any data you submit to us, provided that we have taken reasonable precautions to keep such data secure.
10. YOUR LIABILITY
10.1 In addition to any liability as set out in the terms and conditions applicable to any of the Services, you will be liable to us (whether caused by your negligence or wilful conduct) for any damage caused by you to:
10.2 the Feel Electric Training Equipment before, during or after an EMS Trial Session or EMS Training Session (as applicable); or
10.3 our training facilities at the Studio.
10.4 You are responsible for your own safety while using the training facilities and you must ensure that you operate any training equipment correctly, and if you are unsure of how to do so, you must ask a Feel Electric Trainer or member of our staff before using the training equipment.
11. CHANGES TO THE SERVICES
11.1 Subject to Clause 11.3, we may make improvements and/or changes to the Services at any time and we will notify you of these changes in accordance with Clause 12.2.
11.2 Between receipt of the notice pursuant to Clause 11.1, and the proposed date of an improvement and/or change, if you notify us in writing using our ticket system that you do not accept the improvement and/or change, we may decide (in our sole discretion) to either: (i) continue the Agreement (including your Membership, if applicable) without implementing the improvement and/or change, and the Services you receive will remain unchanged; or (ii) terminate the Agreement (including your Membership, if applicable).
11.3 By continuing to receive the Services from the date an improvement or change takes effect, you are accepting such improvements or changes.
11.4 We are under no obligation to notify you of any improvements and/or changes to the Services that result in minor adjustments or corrections to the Services.
12. CHANGES TO THE AGREEMENT
12.1 We may make changes to the Agreement, including introducing new terms, which are the result of: (i) a change in the law or our business; (ii) necessary for the provision of the Services; or (iii) any improvements to the Services.
12.2 Subject to Clause 12.5, if we make any changes (including any changes to our policies), we will: (i) give forty eight (48) hours prior written notice to you by email; and (ii) make available a copy of the new terms and conditions on our Website, which will take effect from the date we publish such terms on our Website.
12.3 Between receipt of the notice pursuant to Clause 12.2, and the proposed date of a change, if you notify us in writing that you do not accept the change, we may decide (in our sole discretion) to either: (i) continue the Agreement (including your Membership, if applicable) without implementing the change, and the terms of your Agreement will remain unchanged; or (ii) terminate the Agreement (including your Membership, if applicable).
12.4 By continuing to receive the Services from the date a change takes effect, you are accepting such changes.
12.5 We are under no obligation to notify you of any changes to the Agreement that result in minor adjustments or corrections to the Agreement.
13. HOW WE USE YOUR INFORMATION
13.2 You acknowledge and agree that we may use your Information to provide you with information about our Services or services similar to the Services.
13.3 We reserve the right to take photographs or video of our training facilities at any Feel Electric Studio for press and promotional purposes, in which you may or may not be included, provided that we provide notice in advance to you that photography and videography will be taking place.
13.4 If you contact us via telephone, you acknowledge that we may record telephone calls for training and/or monitoring purposes.
14. DISPUTES, COMPLAINTS AND HOW TO CONTACT US
14.1 The laws of England govern the Agreement. In the event of a dispute in connection with the Agreement (“Dispute”), you agree that the courts of England will deal exclusively with such Dispute.
14.2 If you have a complaint or query about anything in connection with the Agreement, you may contact us at support (@) Feel-Electric.com. We have procedures in place to make sure that we handle your complaint fairly and quickly.
15. OTHER IMPORTANT TERMS
15.1 You must provide us with an valid email, postal address and mobile phone number and keep these up to date using our website member portal during the term of the Agreement (as described in the relevant Service Terms).
15.2 You must send all written notices to the email address in 14.2 and mentioned in the confirmation email relevant to the Services you have signed up to receive.
15.3 We may transfer our rights or obligations under the Agreement or arrange for any other person to carry out our rights or obligations under the Agreement, and will provide you with notice in writing (which includes email) if this happens. You may not transfer any of your rights or obligations under the Agreement.
15.4 Subject to Clause 14.1, if any court considers any clause of the Agreement is illegal, invalid, or unenforceable, such clause will not apply to you or us (as applicable), and will not affect the validity or enforceability of the remainder of the terms of the Agreement.
15.5 If you or we fail to enforce any of our rights under the Agreement, it will not mean that you or we (as applicable) have waived our ability to enforce such rights.
15.6 Only you and we may enforce the terms of the Agreement, and the Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the terms of the Agreement.
15.7 The language of the Agreement is English and all notices and information given under the Agreement will be in English.