TERMS AND CONDITIONS OF SALE
Last updated: 6th June, 2024.
1 THESE TERMS -
1.1
What these terms cover. These are the terms and conditions on which we provide you with the pass codes (together the
“Passes” and individually your
“Pass”) purchased by you which are valid to be redeemed at our partner gyms (
“Partner Venues”) for entrance to their facilities.
1.2
What these terms do not cover. These terms and conditions only govern your purchase of the Passes from Hussle. We are not responsible, nor will we accept any responsibility, for what happens when you are at our Partner Venues.
1.3
Why you should read them. Please read these terms carefully before you submit your order for a Pass to us. These terms tell you who we are, how we will provide Passes to you, how you and we may change or end a Pass or access to a certain Partner Venue, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
2
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1
Who we are. We are Archway Fitness Ltd, trading as “Hussle”, a company registered in England and Wales. Our company registration number is 14042412 and our registered office is at 20-22 Wenlock Road, London, N1 7GU. Our registered VAT number is 410 8813 19.
2.2
What we do. Hussle connects you with our Partner Venues by allowing you to purchase a variety of Passes for them. When you redeem your Pass you will be entering into a separate agreement with the relevant Partner Venue and will be bound by separate terms and conditions or club rules governing the use of the particular venue and its facilities. Please take note of these additional rules as we are not responsible for your use of our Partner Venue’s facilities.
2.2.1 As the contract for the use of the specific facilities is between you and our Partner Venues, this will mean that we have no contractual liability to you in respect of your use of the Pass at the Partner Venue. However, we may still be liable to you if we have been negligent, we have misrepresented important information regarding the Pass or have been in breach of any other relevant law. This is why it is especially important you read our Partner Venue’s additional rules when you attend their facilities.
2.3
How to contact us. You can contact us by writing to us at
info@Hussle.com.
2.4
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when setting up your account.
2.5 When we use the words "writing" or "written" in these terms, this includes emails.
3
ACCOUNT
3.1
Your Hussle account. To purchase Passes you will need to set up a Hussle account as all Passes are purchased and managed via your account.
3.2
What we need from you to set up your account. To create your account you will need to register on our website or app with your email or details from third party websites. You will also need to provide us with the required personal information such as your name and address, your emergency contact details and appropriate details for your preferred payment method. Additionally, we require that you complete and sign a healthcare questionnaire on your first Pass purchase and before you can redeem any Passes at a Partner Venue.
4
OUR CONTRACT WITH YOU
4.1
How we will accept your Pass request. Our acceptance of your Pass request will take place when you receive your Pass Code via email, SMS or any other medium that is used. Your pass code will be available to use on the date stated.
4.2
If we cannot accept your Pass request. If we are unable to accept your Pass request, we will inform you of this in writing and will not charge you for the Pass. This might be because of unexpected issues with our Partner Venues which we could not reasonably plan for.
4.3 At the moment, we only sell Passes via our website and app to UK Partner Venues.
5
MINIMUM AGE TO PURCHASE A PASS
5.1 You must be aged 16 years or above to purchase a Pass. However, some of our Partner Venues allow parents and other legal guardians to purchase passes to be used at Partner Venues for children under 16 in their care. As it is entirely under the discretion of the Partner Venue you are advised to check with the Partner Venue that you intend to visit if you would like to purchase a Pass for children under 16 years of age. Some Partner Venues will have minimum age requirements for customers to purchase a Pass and this will be made clear on the Partner Venue’s Hussle page and/or at the time of booking.
6
ACCESSING THE PARTNER VENUE
6.1 We recommend to each of our Partner Venues that they request you provide them with proof of identity on arrival at the gym in order to ensure you are the purchaser of the Pass. Acceptable forms of identification typically include passport, driving licence, ID card etc. However, please read the “about this gym” section regarding your selected Partner Venue on our website and/or app carefully as some Partner Venues will insist on photographic ID only. Where this is the case we include a note to this effect on the venue description.
6.2 Code sharing is strictly prohibited and you may not transfer your Pass to someone else. Your Pass will only grant you access to a Partner Venue. You cannot transfer your Pass to anyone else nor can you purchase a Pass for someone else. If you cannot provide ID which matches the details of the purchaser of the Pass then you may not be allowed to access the Partner Venue. If we have reason to believe you are sharing your pass, then we reserve the right to permanently suspend you from using or purchasing our Passes.
6.3 We make every effort to ensure the accuracy of the venues listed and use a variety of processes to audit this, however we do rely on gyms to let us know if they are closing temporarily or permanently, changing ownership, or changing any of their available facilities, to maintain the accuracy of the information on our website and app. If you identify a venue listed which has permanently closed, please contact us on info@hussle.com and you may be entitled to a refund or an alternative pass. We recommend either contacting the venue ahead of time or asking the staff on arrival, before they redeem your pass, whether any of the facilities you want to use are out of order.
OUR PASSES
7
ONE DAY PASS
7.1 A “One Day Pass” is valid for one single entrance to the Partner Venue it was purchased for. It can generally be used within a period of 30 days, however, this may change on a promotional basis and this will be made clear to you at checkout.
7.2
Period in which you must use your Day Pass. If a One Day Pass is not used within 30 days from the date of purchase (the
“Validity Period”), the Pass will be invalid, and you will no longer be able to use it. The One Day Pass will be automatically removed from your ‘My passes” section once the Validity Period has expired.
7.3
Refunding a Day Pass. You may request to refund an unused One Day Pass at any point during its Validity Period. Refunds for One Day Passes are in the form of bonus credit, which can be used to purchase any of our Passes. Once used, a One Day Pass may not be refunded.
7.4 A One Day Pass purchased with bonus credits can also be refunded on the same terms as stated in the clause above.
7.5 A One Day Pass purchased with a ‘First Pass Free’ promotion (where no money is transferred) can be cancelled but no funds will be transferred back into your account.
8
MONTHLY PASSES
8.1 “Monthly Passes” entitle you, and only you, to make an uncapped number of entries to a range of Partner Venues based on the price option you choose for your Monthly Pass. The Partner Venues you can access with your chosen Pass shall be listed on your Hussle Account. This list will be updated from time to time.
8.2 You will be billed a “Monthly Renewal Payment”, the price of which will be made clear to you on purchasing this Monthly Pass. You will be charged this Monthly Renewal Payment on a recurring basis on the same date each month unless you make changes to your pass. Please note that we are unable to change the renewal date unless customers agree to pause and restart their pass.
8.3 A maximum of 50% of each Monthly Renewal Payment can be paid for by your bonus credit in your Hussle account.
8.4
Minimum term for your Monthly Pass. A minimum term may apply to your Monthly Pass if you use a multiple month discount e.g. 33% discount with a minimum 3-month term. This information will be included in the terms and conditions of the relevant offer and will be reflected in your Hussle account. If a minimum term applies you may not pause or cancel your Monthly Pass until you are within the final month of the minimum term. At the end of the minimum term and/or any promotional offer, the monthly pass will continue at the full price amount unless and until cancelled by you.
8.5
Payment methods for your Monthly Pass. By purchasing a Monthly Pass, you authorise Hussle to charge you a monthly membership fee. You may edit your payment method information at any time by logging into your account or by contacting Customer Service. . We may use a third-party payment processor to collect the monthly fee. Payments will be processed in accordance with the Payment Processor's terms and conditions, and privacy policies, in addition to these Terms. We are not responsible for errors by the Payment Processor. If an applicable payment is not successfully settled, for any reason, you remain responsible for any uncollected amounts.
8.6
Pausing your Monthly Pass. Provided you are not within a minimum period (clause 8.4), you may pause your Monthly Pass for a temporary period. While your Monthly Pass is paused you will not have access to any of the Partner Venues and the collection of payment will resume when you wish to resume the use of your Monthly Pass. Pausing your Monthly pass will pause any additional benefits you may have associated with your Pass.
8.7
Resuming your paused Pass. When you pause your Monthly Pass you have the option to pause for a temporary period of time. Your Monthly Pass will automatically resume on the date or period specified or you can resume earlier by logging into your account and choosing to resume straight away. Resuming your Monthly pass will automatically resume any additional benefits you have chosen to activate alongside your Monthly Pass.
8.8
Resuming your Pass within 6 months of pausing. If you have not used your Pass since your last Monthly Renewal Payment, and provided you are not within a minimum period, you may pause with immediate effect . Provided you resume your Monthly Pass within a period of six months, you will not be charged for your following Monthly Renewal Payment. as the payment taken for your last renewal will be added as credit to your account and applied towards the next billing period. If you resume your Pass after this 6 Month Period you will be charged the following Monthly Renewal Payment as normal.
8.9 In the event that you received credit for your last renewal, it must be used within a period of six months of pausing your Monthly Pass, otherwise it will expire.
8.10
Cancelling your Monthly Pass
8.10.1
Cancelling within 14 days of purchase. You may cancel your Monthly Pass within 14 days of purchase without giving any reason. To exercise your right to cancel, you should inform us through your Hussle account or by contacting our Customer Service team at info@hussle.com, or by returning the
Model Cancellation Form.
8.10.2 We will refund you for the cost of the Monthly Pass subject to an administration fee if the Pass has been used within this initial 14 day period. This fee will be calculated by multiplying the price of a Day Pass for the Partner Venue by the number of visits made to the Partner Venue prior to cancellation.
8.10.3 For instance, if you attended a Partner Venue once before cancelling your Monthly Pass and the Partner Venue’s Day Pass is £10, an administration fee of £10 will be taken from your refund.
8.10.4
Cancelling after 14 days of purchase. So long as a minimum period does not currently apply to your membership, you should cancel at least 3 business days in advance of your renewal date in order to avoid being charged for the next month. So, if your Monthly Renewal Payment is due on the 30th of the month, the last day you may cancel it is the 28th. To exercise your right to cancel, you should inform us through your Hussle account or by contacting our Customer Service team at info@hussle.com, or by returning the
Model Cancellation Form.
8.10.5 Cancelling your Monthly Pass will cancel any additional benefits you may have associated with this Pass.
9
CORPORATE MONTHLY PASSES
9.1 A Hussle corporate membership is a monthly pass valid for an uncapped number of entries to all listed gyms at a discounted rate purchase price (a
“Corporate Monthly Pass”). All of these Corporate Monthly Passes are valid only for the individual who has purchased them.
9.2
Eligibility for a Corporate Monthly Pass. You must work for one of our partner employers to be able to purchase and continue to make use of a Corporate Monthly Pass. If you are no longer employed by a partner employer you should contact us. Periodically we will contact your provided work email address to confirm that you still work for the relevant partner employer. If we do not receive this confirmation within 30 working days we will assume you no longer work for our partner employer.
9.3 If you have left our partner employer we will cancel your Corporate Monthly Pass. You will not be able to use your Pass after the next Monthly Renewal Payment date, but you can continue to purchase other Passes via our website and app. Once we have cancelled your Corporate Monthly Pass you will not make any more payments.
9.4
Corporate Membership Billing. All Corporate Monthly Passes will be billed via a Monthly Renewal Payment which you will be charged on the same date every month unless you make changes to your pass. The Monthly Renewal Payment price will be clearly stated to you when you purchase a Corporate Monthly Pass.
9.5
Minimum Term. Some Corporate Monthly Passes are subject to a minimum term of 3 months. Within this minimum term you will be unable to cancel your pass, other than within the first 14 days of purchase (see clause 9.7 below). You may cancel your Corporate Monthly Pass within the last month of your minimum term by emailing info@hussle.co.uk. You will still be able to use your Corporate Monthly Pass until the end of your minimum term. If you are subject to a minimum term, this will be made clear to you upon purchasing a Corporate Monthly Pass.
9.6
Automatic Renewal. Once your minimum term has expired your Corporate Monthly Pass will automatically renew at the discounted rate.
9.7
Cancellation within 14 days of purchase of a Corporate Monthly Pass. You may cancel your Corporate Monthly Pass within 14 days of purchase without giving any reason. To exercise your right to cancel, you should inform us through your Hussle account or by contacting our Customer Service team at info@hussle.com, or by returning the
Model Cancellation Form.
9.8 We will refund you for the cost of the Corporate Monthly Pass subject to an administration fee if the Pass has been used within this initial 14 day period. This fee will be calculated by multiplying the price of a Day Pass for the Partner Venue by the number of visits made to the Partner Venue prior to cancellation. Cancelling your Corporate Monthly Pass will cancel any additional benefits you may have associated with this Pass.
9.9 For instance, if you attended a Partner Venue once before cancelling your Corporate Monthly Pass and the Partner Venue’s Day Pass is £10, an administration fee of £10 will be taken from your refund.
9.10
Accessing other Partner Venues with your Corporate Monthly Pass. A Corporate Monthly Pass entitles you to access all listed gyms on the purchased Pass. The Partner Venues you can access will be communicated to you via an updated list on your Hussle account. The list may change from time to time as Hussle adds or removes venues or the prices of the venues change. We recommend checking the list from time to time.
9.11
Terminating your Corporate Monthly Pass. Provided a minimum term does not apply (see clause 9.5), to exercise your right to cancel, you should inform us through your Hussle account or by contacting our Customer Service team at info@hussle.com, or by returning the
Model Cancellation Form.
9.12
Where to find the price for the product. The price of the Pass (which includes VAT) will be clearly stated to you when you make your payment. We will pass on changes in the rate of VAT.
9.13
When you must pay and how you must pay. We accept payment by card and Corporate Monthly Passes can be paid for by Direct Debit. You must pay for the Pass before we send it to you.
9.14 We reserve the right to change the price of the Passes at any point.
9.15 We do our best to make sure that the information about the Passes and Partner Venues is accurate. However, due to factors out of our control, Partner Venues may change their prices meaning that they move into a different Monthly Pass package via Hussle. We will update the Partner Venues available in each package but it is your responsibility to check which Partner Venues you have access to. We cannot guarantee the availability of any Partner Venues.
10
REFUNDS AND CANCELLATIONS
10.1 If you are trying to obtain a refund and your circumstances are not covered by the terms noted above, please email us at info@hussle.com. If you are contacting us via email please provide your Hussle account details and details of the Pass you wish to cancel.
10.2
When your refund will be made. We will make any refunds due to you as soon as possible and in any event no later than 14 days of your telling us you have changed your mind.
10.3
Day Passes. In addition to the refunds set out above, in the unlikely event that a Partner Venue becomes unavailable before your Day Pass has been fully redeemed, you will be refunded. Refunds are in the form of bonus credit, which can be used to purchase any of our Passes.
10.4
If a Partner Venue refuses to redeem your Pass for a reason that is not your fault. Please contact us at info@hussle.com describing your circumstances as you may be entitled to a refund.
11
OUR RIGHTS TO MAKE CHANGES TO THE PASSES
11.1 We may make minor changes to the Passes to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. We do not anticipate that this will affect your use of the Passes but we will inform you if they do.
11.2 Partner Venue in-house pricing and available facilities can change; therefore, we reserve the right to update the price of the Passes at any point to reflect this.
12
OUR RIGHTS TO END THE CONTRACT
12.1
We may end the contract if you break it. We may end our contract with you at any time by writing to you if:
12.1.1 You do not make any payment, such as a Monthly Renewal Payment, to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; or
12.1.2 You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide you with your Pass.
12.2
We may withdraw the Pass. We may write to you to let you know that we are going to stop providing a particular Pass type.
12.3
We reserve the right to permanently suspend you from using or purchasing our Passes. If we, or one of our Partner Venues, acting in good faith deem at our mutual or sole discretion that your behaviour is threatening, abusive, or antisocial in any way we may permanently suspend you from all Partner Venues and use of Hussle’s services.
12.4 We operate a policy that if you are banned from one of our Partner Venues you are banned from all of them. Please thoroughly review any applicable terms and conditions and club rules of our Partner Venues when attending their premises as if you breach their terms, the Partner Venue may ban you and subsequently you may be subject to a ban from all of Hussle’s Partner Venues.
12.5 We will always respect our Partners’ right to refuse entry to any guest who does not comply with their terms and conditions.
13
LEAVING FEEDBACK
13.1 We are keen to encourage you to provide feedback on Venue Providers. You will receive bonus credit with the value that we might change from time to time but will be made clear to you on the Feedback section in your account. Bonus credit will be valid on your account for 30 days from receipt.
13.2 For your feedback to be “Approved Feedback” it must be, in our sole opinion, useful, original and inoffensive. It must also be submitted within a month of the visit to the venue. If it does not meet this standard, or for any other reason we do not think that it should be made available on the website or app, we may reject this feedback and this will not be counted towards your bonus credit.
13.3 Hussle does not review every piece of feedback and only carries out spot checks to ensure broad compliance with clause 13.2. If you identify feedback which you believe to be misleading, unoriginal, offensive or inaccurate please contact info@hussle.com and we will review it on the basis of clause 13.2.
13.4 If your feedback has been rejected you will be notified by email and you will have an opportunity to amend your feedback to meet our criteria.
13.5 There is a limit of one review per day. In avoidance of doubt, if multiple feedback is left for sessions attended on the same day (no matter if it is the same or different venues) then only one feedback will be counted towards your bonus credit. The other feedback(s) will be rejected.
13.6 We will process your feedback reasonably quickly but we will have to notify our Partner Venues of your feedback and give them a chance to respond before uploading it to the website or app.
13.7 Your opportunities to leave feedback are dictated by your Pass and you will be notified via your Hussle account when you are able to leave feedback. Customers using a Monthly Pass will be able to leave feedback after every 5th visit. Hussle reserves the right withdraw or change the offer at any time.
13.8 You will only be able to receive bonus credit for your feedback if you purchase your Pass via Hussle.com and not benefits.hussle.com.
13.9 When you leave feedback on the Hussle site or via other sites (not limited to but including Zendesk rated tickets, Trustpilot, Google, Facebook, Instagram), you are consenting us to use your feedback, in part or in full, for marketing purposes.
14
OTHER VOUCHERS, DISCOUNTS AND PROMOTIONS
14.1 From time to time, we make vouchers and discounts available through affiliate websites or email promotions. Unless explicitly stated, these promotions will only be valid for passes purchased via www.hussle.com or the Hussle app (and not valid for passes purchased via benefits.hussle.com). Where applicable, the expiry date and validity period of a voucher or discount will be stated in any communications from us. We cannot guarantee the validity of voucher codes or discounts on websites not endorsed by ourselves. Vouchers and discounts will vary in their validity of use towards different passes. Vouchers may not be valid for every Partner Venue on the website.
14.2 From time to time, we may offer a free trial to any Hussle pass. We reserve the right to cap the amount of redemptions allowed within this free trial. Certain gyms may be excluded from these types of promotions.
14.3 Vouchers and discounts cannot be used in conjunction with one another, unless explicitly stated – where a second voucher is applied to an account, the original voucher will be overwritten and its discount will be lost. Vouchers are non-transferrable and have no cash value. Placing a voucher for sale is strictly prohibited and will ensue in the voucher being made void.
14.4 To redeem a voucher, you must present the code at checkout. Where the voucher, discount or promotion takes the form of bonus credit (including bonus credit received in return for leaving feedback), unless otherwise stated, once added to an account the bonus credit will be valid for 30 days.
14.5 Hussle reserves the right to reject a voucher with reasonable cause, and to withdraw any offer at any time without warning.
14.6 Your pass may include access to third party apps or online services. You must follow the procedures, policies and usage rules made available to you by the third party provider. We recommend that you review the rules and/or terms from each third party provider before your first time using their services.
15
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 We are responsible to you for foreseeable loss and damage directly caused by us. If we fail to comply with these terms we are responsible for loss or damage you suffer that is a foreseeable result of our breaking our contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us before purchasing your Pass.
15.2 We are not liable for any injuries, damages or losses suffered by your attendance at one of our Partner Venues. We are only providing you with access to the Partner Venues via a Pass and accept no responsibility for anything that takes place on their premises.
15.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Passes.
15.4 We are not liable for business losses. We only supply the Passes for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16
YOUR PERSONAL INFORMATION
16.1 All personal data, including special category data as defined by the UK Information Commissioner's Office, howsoever received, is handled, stored, protected and used as set out in our
Privacy Policy, which forms a part of these terms.
16.2 We are not liable for personal information shared with us in your communications unless it has been specifically requested.
17
OTHER IMPORTANT TERMS
17.1
Late Payment. If you do not make any payment to us by the due date we are entitled to charge interest to you on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
17.2 While you have outstanding payments due to us, your Pass will be suspended and you will not be able to use any of the features on your account.
17.3
We are not responsible for delays outside our control. If our ability to guarantee the use of a Pass is impacted by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay to your use of your purchased Pass, you may contact us and may be entitled to receive a refund for any Passes you have paid for but not redeemed.
17.4
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights in respect of the Passes.
17.5
You may not transfer your rights in your Pass to anyone else.
17.6
Nobody else has any rights under this contract. The contract for the Pass is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
17.7
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.8
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking of any contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide you with a valid Pass, we can still require you to make the payment at a later date.
17.9
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
18
CUSTOMER COMPLAINTS PROCEDURE
We are committed to providing great services to our customers. However, if you are not satisfied with any aspect of our service, we want to hear from you. This procedure outlines how you can submit a complaint and how we will handle it.
If you have a complaint, please email our Customer Service team at info@hussle.com within 48 hours. Please provide as much detail as possible, including: passcode number, venue name and the date of the visit (where applicable), description of the issue, any supporting documents or evidence (e.g., receipts, photos). Please do not submit any personal information unless we specifically ask for it.
Upon receiving your complaint, we will acknowledge receipt of your complaint within 3 working days. We will investigate your complaint thoroughly and fairly. This may involve: viewing your account and transaction history, contacting you for further information or clarification, liaising with relevant departments or third parties.
We aim to resolve complaints within 14 working days. If we are unable to do so, we will inform you of the reason for the delay and provide an expected timeframe for resolution. Once the investigation is complete, we will communicate our findings to you.
If you are not satisfied with the resolution offered, you can request a review by a senior manager. Please contact us again, providing your passcode number and the reasons for your dissatisfaction. We will acknowledge your escalation request within 3 working days, conduct a further review and respond within 7 working days.
If you remain dissatisfied after the review, you may seek external resolution.