Loving Fitness - Terms & Conditions - Hire Orders

Last updated: May 5th 2022

This page (together with our Privacy and Cookie Policy) provides you with all the necessary information about the legal terms and conditions that you are agreeing to when hiring any of our Fitness Equipment from our website [www.lovingfitness.co.uk].

Fitness Equipment covers any RunFit treadmill, CycleFit exercise bike, StrideFit cross trainer or RowFit rowing machine.

The Terms & Conditions set out on this page will apply to any contract between us (Loving Fitness) and you (the hirer) for the hire of Fitness Equipment.

Please read these Terms & Conditions carefully and make sure that you understand them, before placing an order from our website. Please note that before placing an order you will be asked to agree to these Terms & Conditions.

If you refuse to accept these Terms & Conditions, you will not be able to order any Fitness Equipment for hire from the our website.

You should print a copy of these Terms or save them to your computer for future reference.

These Terms & Conditions are amended from time to time as set out in clause 28. Every time you wish to place an order, please check these Terms & Conditions to ensure you understand the terms which will apply at that time. The date that they were last updated can be found at the top of the page.

Loving Fitness is a company registered in England and Wales under company number 13035567 and with its registered office at 64 Fink Hill, Horsforth, Leeds, England, LS18 4DH and VAT number is GB 376622573.

“Loving Fitness Limited” is an independently owned company trading under the name “Loving Fitness”.

1. Definitions

The following definitions shall apply to the Contract:

- Loving Fitness Limited shall be referred to as “Loving Fitness” , “our” , “we” or “us” in these Terms & Conditions for hiring.

- “Hirer” means an individual, company, sole trader, partnership, body of persons, organisation, LLP or other corporate entity.

- “Business Day” means a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

- “Contract” means the contract between Loving Fitness (the owner) and the Hirer for the rental of the Fitness Equipment comprising the order form, confirmation and these terms and conditions.

- “Confirmation” means the confirmation of the Hirer’s order to which these terms and conditions are attached.

- “Cooling Off Period” is the 14-day period from the date the contract is signed and which shall only apply to Hirer’s who are not businesses.

- “Data Protection Legislation” means the UK Data Protection Legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).

- “Fitness Equipment” refers to the fitness equipment which is provided to the Hirer under the contract and delivered to the hirer and detailed further in the confirmation.

- “Rental Fee” means the amount payable by the Hirer to the owner for the hire of the Fitness Equipment for periods of one (1) calendar month, unless otherwise specified in the Contract.

- “Rental” is the provision of the Equipment by Loving Fitness to the Hirer for the Hirer’s use for an agreed period and at an agreed cost and subject to the terms of the Contract.

2. Rental Period

2.1 Unless otherwise agreed by Loving Fitness or as stated in the Contract, the Contract shall commence on the date the Contract is signed and shall terminate on the day of collection of the Fitness Equipment.

2.2 The Rental will be charged in calendar months including Saturdays, Sundays and national public holidays in England.

2.3 The Fitness Equipment is being hired upon the terms and conditions set out in this document including the terms specified in the Confirmation.

2.4 If more than one item of Fitness Equipment is let to the Hirer under the Contract the Rental Fee for each item bears the same relationship to the Rental Fee shown in the order Confirmation as its cash price bears to the total cash price of the Equipment. Loving Fitness shall not be obliged to make the Fitness Equipment available until the Cooling Off Period has expired without being exercised.

2.5 If a Business, the Hirer warrants that it will ensure that all users of the Equipment shall abide by all instructions for use and that users shall be properly supervised at all times. Accordingly, the Hirer shall indemnify and keep indemnified Loving Fitness against all claims, losses, expense, fines and charges incurred or suffered by Loving Fitness for any failure to comply with this clause 2.5.

3. Rental Charges

3.1 The Rental Fee shall be payable in advance for periods of 1 calendar months or such shorter period as Loving Fitness may agree.

3.2 If the Hirer does not make the Fitness Equipment available for collection on termination of the Contract, the Hirer shall be responsible for the Rental Fee until the Fitness Equipment is collected by Loving Fitness. Should the Hirer make the Fitness Equipment available to Loving Fitness before the end of the agreed rental period, Loving Fitness shall be entitled to charge the Hirer the full amount on early cancellation.

3.3 Loving Fitness shall be entitled to vary the amount of the Rental Fee at any time after the expiry of the minimum rental period and by giving the Hirer not less than 1 calendar months notice, in writing.

3.4 The Rental Fee is inclusive of Value Added Tax.

3.5 On termination, the final Rental Fee is calculated to include any complete and incomplete Months hired.

4. Payment

4.1 On placing an order, the Hirer will be asked to provide card payment details related to the Hirer of the Fitness Equipment. The payment card will be authorised (but not charged) at the point of order. The payment card details will be stored securely by our trusted payment provider, Stripe. If the Fitness Equipment is in stock, payment will be taken in respect of the Advance Rental Fee. The Hirer’s payment card details will be held within the system on Stripe for the duration of the hire in order to collect the subsequent Rental Fees. The Hirer irrevocably authorises Loving Fitness to deduct, from its payment card, the subsequent Rental fees on the relevant payment dates outlined in the Contract. If the Hirer’s payment card does not have sufficient credit to make a payment, Loving Fitness shall be entitled to terminate the Contract and recover any costs incurred as a result of the missed payment, from the Hirer.

4.2 Following the Advance Rental Fee, the subsequent Rental Fee shall be paid by the Hirer to Loving Fitness as detailed in the Confirmation in advance for the period of one calendar month at a time.

4.3 Failure to pay may, at the discretion Loving Fitness, result in the termination of the Contract.

4.4 During the Contract, Loving Fitness reserves the right to charge an administration fee of up to £40.00 in respect of each late payment.

4.5 Due to VAT rounding there may be a small discrepancy in the Rental Fee due by plus or minus £0.01.

4.6 All payments must include the appropriate amount of any VAT on it and be made without previous demand and to no one but Loving Fitness without the prior written consent from Loving Fitness. We do not accept cheques as a form of payment.

5. References

5.1 Prior to accepting any order, Loving Fitness may at its discretion request references, proof of identity and proof of residence.

6. Acceptance

6.1 It is the Hirer’s responsibility to satisfy itself that the Equipment supplied by Loving Fitness corresponds to its order and Confirmation and is in working order. Any part of the Fitness Equipment found to be faulty, or not in accordance with the Hirer’s order/Confirmation, must be notified by the Hirer to the Owner within one Business Day of receipt of the Equipment. Failure to do so will render the Hirer responsible for the payment of the Rental Fee up to the time of notification.

6.2 Notwithstanding the above, Loving Fitness shall not be liable in any way by reason of, or as a result of, any defects in the Equipment however caused, except that Loving Fitness does not exclude or restrict its liability for death or personal injury resulting from the Loving Fitness’s negligence including that of its employees in the course of their employment by it.

6.3 No one, other than Loving Fitness employees, have any authority to make, on behalf of Loving Fitness, any representation concerning the Fitness Equipment or hiring under the Contract.

7. Suitability

7.1 It is the Hirer’s responsibility to ensure that the Fitness Equipment is, compatible with existing installations, and is suitable for all of the Hirer’s requirements. The Hirer shall be responsible for ensuring it has appropriate electrical supply, if necessary. Loving Fitness shall have no liability to the Hirer (or to any third party) in this regard.

8. Substitution

8.1 Loving Fitness reserves the right to substitute the Fitness Equipment with alternative equipment of an equal or higher specification (which, for the purposes of interpreting the Contract, shall become the Fitness Equipment). On termination of the Contract, the Hirer may not substitute any Fitness Equipment delivered by Loving Fitness.

9. Responsibilities of Hirer

9.1 The Hirer acknowledges that by signing the Contract it has been instructed and understands how to safely operate the Fitness Equipment. The Hirer undertakes to ensure no one else uses the Fitness Equipment who is not properly instructed and shall not allow the Fitness Equipment to be used in any way other than in accordance with the instructions of Loving Fitness and any applicable manual.

9.2 The Hirer shall use the Equipment properly and ensure that it will be safe and without risk to health.

9.3 In respect of death or personal injury caused by Loving Fitness’s negligence, the Hirer shall at all times and in all respects indemnify the Loving Fitness against and from any and every expense, liability, loss, claim or proceeding whatsoever in respect of any personal injury or loss whatsoever (including but without prejudice to the generality of the foregoing, injury to the Hirer (if the same is possible) and injury to any servant, employee or agent of the Hirer) and in respect of damage to any property whatsoever (including the Fitness Equipment) or injury to any person arising out of or in connection with or consequent upon the hire, delivery, use, misuse, non-use, repossession, collection, return or non-return of the Fitness Equipment or any part thereof.

9.4 Loving Fitness shall not be liable for any indirect or consequential liability, howsoever caused by the late delivery, late collection, non-delivery, unsuitability, breakdown or failure of the Fitness Equipment.

9.5 The Hirer will ensure that the Fitness Equipment is not used by anyone under the age of 16 years old.

9.6 The Hirer shall not at any time, sell, assign, mortgage, charge or sublet the Fitness Equipment or any interest in them or the benefit of the Contract.

9.7 The Hirer warrants and undertakes on behalf of itself and on behalf of all users of the Fitness Equipment (if applicable) that:

- 9.7.1 all users are below the maximum weight limit of the Fitness Equipment as specified in the user manual;

- 9.7.2 the Hirer will thoroughly read the user manual prior to use and if the Hirer cannot find the appropriate manual they should not use the Fitness Equipment and contact Loving Fitness and one will be supplied;

- 9.7.3 the Hirer and all users shall seek advice from its GP or other medical professional prior to embarking on any new exercise regime which may include the use of the Fitness Equipment;

- 9.7.4 the Hirer has declared to all users of the Fitness Equipment the intended use of the Fitness Equipment.

9.8 The Hirer shall undertake appropriate risk assessments as to the applicability and use of the Fitness Equipment prior to use.

10. Insurance

10.1, Subject to clause 11, the Hirer shall indemnify and shall keep indemnified Loving Fitness against any loss or damage to the Fitness Equipment and against any loss, damage or injury caused by the Fitness Equipment (except for any caused by the Loving Fitness’s own negligence) in so far as it is not covered by insurance of the Fitness Equipment. This obligation shall survive termination of the Contract.

10.2 The Hirer shall indemnify Loving Fitness in respect of any claims made against Loving Fitness and all damages, costs and expenses suffered or incurred by us as a result of any third party claim arising out of the state, condition or use of the Fitness Equipment or in any way arising out of the Fitness Equipment being let under the Contract. This obligation shall survive termination of the Contract.

10.3 Subject to clause 11, the Hirer must insure and keep the Fitness Equipment insured under a fully comprehensive policy at the Hirer’s expense to their full replacement value with a reputable insurer chosen by the Hirer with Loving Fitness’s interest noted on the policy. Insurance must include cover against the risk of loss or damage by fire, theft, accident and other risks, including third party risks, as are normally insured against in the case of equipment of the type to which the Contract relates.

10.4 The Hirer will produce to Loving Fitness on demand evidence of the insurance cover and of the payments of premiums under the insurance policy (if applicable).

10.5 The Hirer must notify its Insurers and Loving Fitness promptly of any loss of or damage to the Fitness Equipment and hold any insurance monies in trust for Loving Fitness.

10.6 The Hirer irrevocably authorises Loving Fitness to negotiate with its insurers to settle any insurance claim and to receive the insurance monies and shall provide any authorisations and consents to the insurers as may be necessary to give full effect to this clause 10.

10.7 The Owner shall apply the insurance monies as follows:

- 10.7.1. in making good any damage;

- 10.7.2. in replacing the Fitness Equipment with goods of a similar type to which the terms of the Contract will apply;

- 10.7.3. in compensating Loving Fitness for any loss or damage which it may suffer or incur.

10.8 The Hirer agrees to pay any shortfall to Loving Fitness on demand.

10.9 Any loss of or damage to the Fitness Equipment shall not affect the continuance of the Contract.

10.10 If the Hirer fails to pay any insurance premium Loving Fitness may, but shall not be obliged to, pay the same and the Hirer will reimburse Loving Fitness on demand.

10.11 The Hirer shall comply at all times with the terms and conditions of any insurance policy effected pursuant to this clause 10.

11. Conditions & Warranties

11.1 The Hirer is entitled to the benefit of all conditions, warranties or other terms express or implied, relating to the Fitness Equipment given by the suppliers or manufacturers of them to us (so far as Loving Fitness are entitled to transfer it), but Loving Fitness does not let the Fitness Equipment subject to any condition, warranty or other term express or implied save those implied by section 7 of the Supply of Equipment and Services Act 1982 (relating to our right to transfer possession of the Fitness Equipment and your right to quiet possession of them), so that, without prejudice to the generality of the above, there is excluded:

- 11.1.1 in cases where the Fitness Equipment are let by reference to a description, any condition that the Fitness Equipment will correspond with the description; or

- 11.1.2 any condition of satisfactory quality of the Fitness Equipment; or

- 11.1.3 any condition of fitness of the Fitness Equipment for any particular purpose; or

- 11.1.4 where the Equipment is let by reference to a sample, any condition that the bulk will correspond with the sample in quality, that the Hirer will have a reasonable opportunity of comparing the bulk with the sample and that the Fitness Equipment will be free from any defect.

12. Fitness Equipment Location

12.1 The Fitness Equipment, during the Rental, should remain in the Hirer’s sole possession at the delivery address and should only be relocated with the prior written consent of Loving Fitness. If the Fitness Equipment is moved from the original delivery address, the Owner shall be entitled to levy additional collection charges on the Hirer.

12.2 The Hirer shall allow the Owner access to the Fitness Equipment at all reasonable times and with reasonable notice to inspect, maintain, replace, substitute or remove the Fitness Equipment under the terms stipulated herein.

13. Modification to Fitness Equipment

13.1 The Fitness Equipment shall not be altered, modified, adjusted, defaced or repaired by the Hirer. Doing so will render the Hirer liable for the full replacement cost of the Fitness Equipment.

14. Care of Fitness Equipment

14.1 The Hirer shall at its own expense keep the Fitness Equipment in a clean and good condition and not subject it to any misuse or wear and tear over that consistent with normal and reasonable use, maintaining where applicable the manufacturers’ recommendations. The Hirer undertakes not to remove, alter or interfere, or permit removal, alteration or interference with, any identification marks or serial numbers affixed to the Fitness Equipment, or to deface or add to the Fitness Equipment. The Hirer shall not allow the Fitness Equipment to become, in our opinion, in jeopardy.

14.2 The Hirer shall pay all costs incurred by Loving Fitness in rectifying any damage or cleaning of the Fitness Equipment. The Rental Fees will continue until such rectification is complete.

14.3 The Fitness Equipment must be kept in a clean, dry not damp place, in good condition. A charge of up to £50 may be made for cleaning the Fitness Equipment if when collected by Loving Fitness, it is in an unsatisfactory condition (as determined by Loving Fitness).

14.4 The Hirer shall be responsible for loss of, or damage to, or caused by, the Fitness Equipment and shall replace or repair the Fitness Equipment at the direction of Loving Fitness.

14.5 The Hirer must immediately give notice in writing to Loving Fitness of any material loss of, or damage to, the Fitness Equipment. In the case of theft, the Hirer must immediately report the theft to the relevant police force and notify Loving Fitness immediately thereafter providing the relevant crime reference numbers. In making any report of theft to the police, the Hirer must confirm that the Fitness Equipment is owned by Loving Fitness.

15. Maintenance

15.1 In the event of Fitness Equipment failure, Loving Fitness will use reasonable endeavours to repair or replace the Fitness Equipment with the same or similar/higher specification equipment, within five working days at no charge to the Hirer. Should the Fitness Equipment failure prove to be due to misuse or the fault of the Hirer, Loving Fitness reserves the right to pass on the repair costs and engineering charges to the Hirer. Under no circumstances shall the Hirer attempt any repairs or changes to the Fitness Equipment.

15.2 The Hirer is responsible for day-to-day adjustments and care of the Fitness Equipment (for example: running belt alignment, pedal, handle bar and seat adjustments) in accordance with Loving Fitness’s instructions. Loving Fitness will impose a charge of up to £80.00 for visits to the Fitness Equipment for matters of this nature.

15.3 The Hirer shall not pledge Loving Fitness’s credit nor permit any lien to be created on the Fitness Equipment.

15.4 For long-term rentals, the Hirer shall make the Fitness Equipment available to Loving Fitness for the purposes of maintaining the Fitness Equipment.

16. Default

16.1 Loving Fitness may, upon any breach by the Hirer of any of the provisions of the Contract, after due notice, terminate the Contract and upon that happening, the Contract and the hiring constituted by it shall determine and the Hirer shall no longer be in possession of the Fitness Equipment with the consent of Loving Fitness and, subject to the Loving Fitness’s right to take possession of the Fitness Equipment and to recover from the Hirer its recoverable losses and to any of the Hirer’s pre-existing liabilities to Loving Fitness, neither party shall have rights against the other.

17. Termination by the Hirer

17.1 The Rental will terminate within seven days of Loving Fitness receiving written notification by emailing or calling and getting a response with a cancellation number. The Hirer acknowledges that cancellations will only be accepted on issuance of a cancellation number, without this number the cancellation is not agreed. If the Hirer does not contact Loving Fitness in writing seven days prior to the end of minimum rental period, the Contract shall continue until seven days after Loving Fitness receives written notice of termination from the Hirer.

17.2 The Hirer may terminate the Contract before the end of the agreed rental period in the same manner as noted in clause 18.1 above, but if such termination is after the Cooling Off Period, the Hirer is required to pay for the remainder of the agreed rental period in full. The Cooling Off Period shall not apply to Business hirers.

18. Termination by Loving Fitness

18.1 Loving Fitness may terminate the Rental if the Hirer is in breach of the Contract, or is in default of any payment due, or in Loving Fitness’s sole opinion may become in breach or default during the period of Rental.

18.2 Loving Fitness shall be entitled at any time and for any reason without explanation to terminate this Contract by giving the Hirer 7 days’ notice in writing (which may be by email to the address specified in the order).

19. Return of Fitness Equipment

19.1 Given the size and weight of the Fitness Equipment, Loving Fitness shall collect the Equipment at the Hirer’s expense on the expiry or termination of the Fitness Equipment or as otherwise provided for in this Contract. The Hirer must not in any circumstance attempt to return or deliver the Fitness Equipment to Loving Fitness. The Hirer must make the Fitness Equipment available for collection in a condition consistent with its obligations under the Contract at the location within the United Kingdom and at the time and on the date specified by Loving Fitness. Any costs incurred by Loving Fitness as a result of the Hirer’s failure or delay in making the Fitness Equipment available for collection shall be charged to the Hirer.

20. Liability

20.1 The Hirer expressly acknowledges that Loving Fitness is not the original manufacturer of the Fitness Equipment, and that the Fitness Equipment has been selected by the Hirer as suitable for its purpose. The Hirer accordingly agrees and acknowledges that all conditions, warranties or representations whether express or implied or statutory or otherwise in respect of the Fitness Equipment or its fitness for any purpose are hereby expressly excluded to the fullest extent permitted by law.

20.2 The Hirer acknowledges that Loving Fitness or its representatives are not qualified to advise the Hirer on any aspects of physical exercise or personal health. The Hirer should consult their Doctor before undertaking in any strenuous exercise.

20.3 It is the Hirer's responsibility to ensure that all users of the Fitness Equipment are capable of undergoing a routine of exercises on the Fitness Equipment. The Hirer accepts the risk of injury from performing exercises on the Fitness Equipment and is advised to consult a doctor prior to beginning any fitness program or exercise on the Fitness Equipment supplied.

20.4 The Hirer shall be responsible for any and all expenses incurred by Loving Fitness in recovering possession or repossessing the Fitness Equipment under the terms of the Contract and shall pay such sums immediately on demand.

21. Ownership

21.1 The Equipment is and shall remain the sole property of Loving Fitness and the Hirer shall not sell offer for sale, assign, mortgage, pledge, lend or otherwise deal with or part with possession of the Fitness Equipment.

21.2 To the extent the Fitness Equipment may be affixed to any land or building, during the hire period, the Hirer shall be responsible for any damage caused to such land or building by the affixing of the Fitness Equipment to, or removal of the Fitness Equipment from, it (whether Loving Fitness or the Hirer affix or remove them) and the Hirer shall indemnify Loving Fitness against any claim made in respect of such damage.

21.3 Without prejudice to the above, if the Equipment or any item of them becomes in law a fixture, the Hirer must on the Loving Fitness’s request make with Loving Fitness a joint election in such form as may be prescribed by law or required by the Hirer to the effect that the Fitness Equipment or the affected item shall be treated as belonging to Loving Fitness for the purpose of any claim for allowances in respect of the cost to the Loving Fitness of purchasing the Fitness Equipment or the affected item.

22. Hirer Insolvency

22.1 The Hirer shall not suffer the implementation against the Hirer of any procedure for the taking control of goods, nor present or suffer to be presented any application for an interim order or petition for a bankruptcy order within the meaning of the Insolvency Act 1986 against the Hirer, nor enter into or attempt to enter into a composition with its creditors, nor call or suffer to be called a meeting (whether formal or informal) of the Hirer’s creditors or any of them.

23. Notice

23.1 Any notice served under this Agreement is sufficiently served if sent by prepaid letter post or email provided that in the case of email, receipt has been acknowledged by the Loving Fitness, to the address specified in the Confirmation and proof of dispatch shall be conclusive evidence of receipt by the addressee in due course of transmission.

24. Law and Jurisdiction

24.1 Any dispute between Loving Fitness and the Hirer arising from the Contract shall be subject to English Law and the parties submit to the exclusive jurisdiction of the English Courts.

25. Delivery & Collection

25.1 All times or dates quoted for delivery & collection of the Fitness Equipment are given in good faith but without any responsibility on the part of Loving Fitness. Delivery or collection will take place during Monday to Friday between the hours of 9.00am to 5.00pm unless otherwise agreed. Time of delivery shall not be of the essence of the Contract.

25.2 The Owner will arrange collection of the Fitness Equipment from the location detailed on the Contract during Monday – Friday, between the hours of 9.00am to 5.00pm within ten days after the termination/expiry date.

25.3 Loving Fitness cannot be held liable for any damage made while delivering, collecting and installing the Fitness Equipment in the Hirer's home or place of business however it so may be caused.

25.4 If the Hirer cancels the delivery or collection with less than 24 hours’ notice to the Loving Fitness or is not in at the agreed delivery or collection time a charge of £50.00 will be made for re-delivery or collection of the Fitness Equipment.

25.5 Loving Fitness may charge extra fees for deliveries and collections outside standard hours of Monday – Friday, between the hours of 9.00am to 5.00pm.

26. Validity of Conditions

26.1 Should any term in the Contract be held to be invalid such invalidation shall not affect the validity of the remaining terms.

27. Data Protection & Disclosure of Your Information & Data

27.1 To help the Loving Fitness decide whether to enter into this Contract or any future agreement with the Hirer, Loving Fitness may make the use of the information provided to it by the Hirer, information received from enquiries made about the Hirer and information gained from the Hirer’s performance of this and any other agreement which the Hirer has with Loving Fitness. Enquiries made by Loving Fitness may include searching the Hirer’s record at one or more credit reference agencies (“the Credit Reference Agencies”) who will keep details of the search. These details will be disclosed to other organisations who make searches. Information held about the Hirer by the Credit Reference Agencies may be linked to records relating to one or more of the Hirer’s partners. This is called “association”. For the purposes of this Contract and the application, the Hirer may be treated as financially linked and assessed with reference to any associated records. Such information may also be disclosed to other lenders, the supplier, the insurer, and any other person or company, which Loving Fitness may select from time to time for the purposes of considering any future applications for finance and financial related services that may be made by the Hirer or any member of the Hirer’s household, fraud prevention, tracing debtors and recovering debt, carrying out statistical analysis and administering the Hirer’s account. The Hirer has a legal right to these details and can receive a copy of the information held about the Hirer on payment of a fee.

27.2 If this is a joint application or if Loving Fitness is informed by the Hirer of a financial association with another person, the Hirer warrants and undertakes to Loving Fitness that he has the authority:

- 27.2.1. to disclose information about the joint applicant and any such other person; and

- 27.2.2. to authorise Loving Fitness to search, link or record information about the joint applicant or such other person, at one or more of the Credit Reference Agencies.

27.3 An “association” will be created at the Credit Reference Agencies between the joint applicants and/or between the Hirer and any person with whom the Hirer has stated there is a financial relationship. This links together all the financial records, and unless a disassociation is successfully filed at the Credit Reference Agencies, all the financial records will be taken into account in any future applications by the joint applicants, whether such applications are made together, or separately.

27.4 The information which Loving Fitness holds about the Hirer may be used for the purpose of carrying out market research. Loving Fitness may also provide the Hirer with information about our other products and services. For these purposes, we may contact the Hirer by post, telephone, or other means. If the Hirer does not wish to be contacted for this purpose he/she should write to Loving Fitness by email or post.

27.5 Both the Hirer and Loving Fitness will comply with all applicable requirements of the Data Protection Legislation at all times. This clause is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.

27.6 Without prejudice to the generality of clause 27.5, the Hirer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to Loving Fitness for the duration and purposes of the Contract.

27.7 Loving Fitness may give information about the Hirer and its payment record under the Contract to credit reference agencies, debt collecting agents and any proposed assignee, transferee or chargee of the Contract or of Loving Fitness’s interest in the Contract, their insurers or advisers.

27.8 Loving Fitness may use a credit scoring or other automated decision-making system.

27.9 Loving Fitness may monitor and record telephone calls for the purpose of security and training.

28. Limitation of Liability – Provisions applicable to Businesses.

28.1 Nothing in the Contract limits any liability which cannot legally be limited including liability for:

- 28.1.1 death or personal injury caused by negligence;

- 28.1.2 fraud or fraudulent misrepresentation;

- 28.1.3 breach of the terms implied by section 7 of the Supply of Goods and Services Act;

- 28.1.4 any matter in respect of which it would be unlawful for the parties to exclude or restrict liability.

28.2 Subject to clause 28.1, Loving Fitness’s total liability to the Hirer shall not exceed £10,000 or the aggregate of Rental Fees paid by the Hirer to Loving Fitness in the 12 months preceding a claim, whichever is the lower.

Subject to clause 28.1, the Hirer shall not be liable under the Contract for any:

- 28.3.1 loss of profits;

- 28.3.2 loss of sales or business;

- 28.3.3 loss of agreements or contracts;

- 28.3.4 loss of anticipated savings;

- 28.3.5 loss of use or corruption of software, data or information;

- 28.3.6 loss of or damage to goodwill; and

- 28.3.7 indirect or consequential loss.