1. GENERAL TERMS AND CONDITIONS: In these Terms & Conditions,
"Midnight Runners" means London Midnight Runners Ltd, company number 09733429 and whose registered office is at 4 Rosenau Crescent, London, United Kingdom, SW11 4RZ; “MR Crew” means any individual considered a volunteer organiser of Midnight Runners events; "Community Member / Participant" means the individual named on the Membership Subscription Details, event registration page; "Membership" is the membership by a Member of the Club, which starts when Midnight Runners accepts the proposed Member's Application Form; “Crew” means the fitness community that is Midnight Runners; "Contract" means the contract between Midnight Runners and the Member subject to these Terms & Conditions; "Application Form" means the application form completed by the Member to join Midnight Runners; "Club Rules" means the terms set out in the Midnight Runners Club Rules.
2. HEALTH AND SAFETY.
Participants and members take full responsibility for any injury or health condition sustained whilst partaking in our events. Participants and members also take full responsibility for any injury or health condition sustained whilst partaking in our events arising from a previous medical condition. Midnight Runners staff are not medically trained and are therefore not qualified to assess whether the participant or member is in appropriate physical condition to attend our events. Midnight Runners advises all Participants and members to take medical advice prior to starting any exercise programme if they are in any doubt as to their ability to do so. 3. RISK. A risk assessment has been undertaken for all Midnight Runners events and has been deemed sufficiently safe. As such Midnight Runners takes no responsibility for participants or member actions during one of our events and provides no liability cover for those partaking. Members and participants take part in our events at their own risk.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, national, federal, state, and local governments and national, federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Midnight Runners (“the Club”) has put in place preventative measures to reduce the spread of COVID-19; however, the Club cannot guarantee that you will not become infected with COVID-19. Further, attending the Club could increase your risk of contracting COVID-19. By attending our events, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending the Club and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Club employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my attendance at the Club or participation in Club programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Club, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives or sponsors, whether a COVID-19 infection occurs before, during, or after participation in any Club program.
Only those aged 18 and over can participate in our events. Proof of ID maybe required.
During our events photos and videos maybe taken for use on Midnight Runners, and its affiliates’, sponsor(s’)/(‘s) and third party vendors’ channels. By attending our events you agree that these can be used by Midnight Runners, and its affiliates’, sponsor(s’)/(‘s) and third party vendors’.
6. LIMITATION OF LIABILITY
Nothing in these Terms & Conditions shall limit or exclude the Midnight Runners’ liability for: (i) death or personal injury caused by its negligence, or the negligence of its personnel or agents; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be limited or excluded by applicable law. Subject to that: (a) Midnight Runners and its affiliates, sponsor(s) and third party vendors shall have no liability to the Member or Guest, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Terms & Conditions; and (b) Midnight Runners’ and its affiliates’, sponsor(s’)/(‘s) and third party vendors’ total liability to the Member or participant, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions shall be limited to £50.
7. MEMBERSHIP APPLICATION
Membership is subject to these Terms & Conditions as amended from time to time. Submission of an Application Form is an offer to Midnight Runners to become a Member of the Club subject to these Terms & Conditions and the club rules. Midnight Runners reserves the right to reject any application for Membership. Membership is available to individuals of 18 years of age and over, subject to status. Upon being accepted to the Club’s Membership scheme, the Member consents to having their photograph taken by Midnight Runners or its affiliates, sponsor(s) and third party vendors to confirm their identity upon entry, and consents to having their photograph taken at any time whilst participating in a Midnight Runners event. Further, Member hereby grants to Midnight Runners and its affiliates, sponsor(s) and third party vendors the right to use any such photographs for press and/or promotional purposes.
8. MEMBERSHIP TYPES
Midnight Runners offers two Membership packages: - Quarterly Memberships - Annual Memberships For these package types, payment is collected on the 1st day of the membership period. These Memberships each have a minimum contract term, and Membership continues to roll on a quarterly or annual basis after the minimum term has expired. See Point 6, below, on how to cancel a Membership. • "Quarterly / by Season Paid in Full" – minimum term of three full calendar months. • "Annual Paid in Full" – minimum term of 12 full calendar months. Midnight Runners reserves the right to introduce, withdraw and vary categories of Membership.
9. CANCELLING YOUR MEMBERSHIP
Members on a Quarterly Membership contract may cancel their Membership after or with effect from the end of the minimum term, by giving one full calendar month's advance written notice, effective from the 1st of the following month. This should be done by email to firstname.lastname@example.org. Where the payment method is Direct Debit, the Member must advise their bank to cancel the Direct Debit instruction after the final payment has been made. Midnight Runners is not obliged to refund any fees where the Member has not cancelled the instruction and cannot provide proof of a valid cancellation request. All fees must be paid to date at the time of cancellation. No refunds are applicable for any portion of fees paid upfront, excluding in the following circumstances: redundancy, permanent illness and permanent injury preventing club usage Valid documentation will be requested as proof in such circumstances. Any Member with three or more months remaining of the minimum term may terminate their Membership at the end of the then current month by paying in full 50% of the total future fees due until the end of the minimum term.
10. TERMINATION OF MEMBERSHIP BY MIDNIGHT RUNNERS
Midnight Runners may terminate a Membership without notice and with immediate effect if: 1. The Member breaches these Terms & Conditions or the Club Rules, either repeatedly or because of one serious breach; 2. Any due fees remain unpaid after any request for payment by Midnight Runners; 3. Midnight Runners is of the opinion (acting in its discretion) that the Member is not suitable for continued Membership; 4. The Member puts the health, safety or well-being of staff or other Members or Guests at risk. All decisions made by Midnight Runners under this clause are final and binding. Midnight Runners is unlikely to accept a new application for Membership from someone whose Membership has been terminated in accordance with this clause.
11. YOUR PERSONAL INFORMATION
Members are responsible for advising Midnight Runners of changes to their personal information. Where Midnight Runners is required to provide any written notification, Midnight Runners will send the notice to the address on the Application Form or any updated address the Member has provided since joining. Any notice sent by Midnight Runners in accordance with this clause will be deemed received by the Member two days from the date of dispatch. Midnight Runners takes the responsibility for looking after Members' personal information very seriously, and will only contact Members with information about the Club and Midnight Runners services available.
12. CHANGES TO MIDNIGHT RUNNERS TERMS & CONDITIONS
Midnight Runners may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify Members by placing a notice on the Club Facebook page. Any changes will be effective immediately.
13. THE TERMS OF YOUR CONTRACT
The application on ‘myCrew’, these Terms & Conditions, the Club Rules make up a binding contract of Membership with Midnight Runners. Members are advised to read the Terms & Conditions and Club Rules in full before signing the Application Form. The failure of Midnight Runners to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or Club Rules shall not be deemed to be an affirmation by Midnight Runners that the behaviour of the Member or Guest is acceptable. Except where permitted by this Contract, neither Midnight Runners nor the Member may alter the terms of this Contract without the express agreement of the other.
14. GOVERNING LAW AND JURISDICTION
These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims).
All Members and Guests must comply by these Club Rules at all times. Refusal or continual non-compliance with these Rules may result in the Member or Guest being ejected from the event and termination of Membership if applicable. Midnight Runners reserves the right to make changes to the Club Rules from time to time, and any changes will be effective immediately. Copies of these Rules can be obtained from reception or from the Midnight Runners website at www.midnightrunners.co
Any Guests/members and/or particapants to Midnight Runners events are required to register on the Midnight Runners site within the ‘myCrew’ app prior to attending an event. If members and participants do not sign up on ‘myCrew’ prior to the event they will not be allowed to partake in the event. Guest visits are at Midnight Runners' absolute discretion, and availability may be restricted. Midnight Runners reserves the right to charge a Guest Fee for all non-Members wanting to participate in an event. All Guests are required to provide photographic identification, and failure to provide this may result in the Guest being denied entry to the event. All Guests agree to abide by these Club Rules, and failure to do so may result in the Guest being ejected from the event.
2. DRESS CODE
All Members and Guests are expected to wear suitable attire at all times while participating in events. Midnight Runners considers suitable attire to be: a t-shirt or vest; shorts or trousers suitable for training and running; and closed shoes suitable for running (with exceptions for certain class activities). The following is NOT acceptable: 1. Open shoes or bare feet, unless partaking in certain classes as above 2. No t-shirt / lack of suitable clothing 3. Jeans or other inappropriate trousers 4. Getting changed in public, except for removing layers. Inappropriate attire can be offensive or intimidating to other members, and as such will not be tolerated. Refusal to comply with the dress code may result in the Member or Guest being ejected from the event; continued refusal is a breach of the Rules and as such Midnight Runners may terminate the user’s Membership as stated in the Terms and Conditions. All members should use suitable measures to maintain basic standards of hygiene, such as using deodorant, showering if needed, and wearing clean fitness attire whilst training.
All Members and Guests must conduct themselves in a respectful manner whilst participating in Midnight Runners events. Anyone who acts in an intimidating, abusive, violent or disrespectful manner may be ejected from the event, and Members may have their Membership terminated with no refund of fees already paid. All Member and Guest must comply with any reasonable request from Midnight Runners staff in relation to health and safety, and to ensure smooth running of the Club. No Member or Guest may bring external personal trainers to an event or act as a personal trainer, paid or otherwise. Midnight Runners Crew Captains have been confirmed as holding the required certification and insurance, and as such are the only trainers permitted to lead events. Crew Captains are independent professionals, and not employees or agents of Midnight Runners.
Midnight Runners timetables, crew captains and classes are subject to change at any time. Midnight Runners will endeavour to provide notice when a class is unable to take place for any reason. Members must book in advance to ensure that a boot camp or class has space for them.
5. BAG DROP AND LOST PROPERTY
Since Midnight Runners do not operate a gym facility, we only offer bag drops for certain events and only for our Members; Midnight Runners takes no responsibility for loss, theft or damage for any items brought by our Members during our events and emphasise that our Members leave their belongings, when a bag drop is available, at their own risk.
6. GENERAL HEALTH AND SAFETY
If any Member has concerns in relation to health and safety, they must report the issue to Midnight Runners staff immediately.