Terms and Conditions

Please read these Terms and Conditions in conjunction with our Frequently Asked Questions (FAQ's) which can be found here: FAQ'S

 

These Terms will apply to any contract between the Owner and you for the hire of Equipment. Please read these Terms carefully and make sure that you understand them, before placing an Order. Please note that before placing an Order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Equipment for hire from the Site.
These Terms may be amended from time to time. Every time you wish to place an Order, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in October 2024.

 

1. DEFINITIONS
1.1 The following definitions shall apply in this Hire Agreement:
“Business” means a Hirer that is hiring Equipment for purposes relating to its trade, business, craft or profession.
“Commencement Date” means the date on which the Equipment is delivered to the Hirer.
“Consumer” means a Hirer that is hiring Equipment as an individual for purposes wholly or mainly outside of its trade, business, craft or profession.
"Confirmation" means the confirmation of the Order by Hire Fitness.
"Cooling Off Period" is the period commencing on the date on which the Hirer placed the Order and ending 14 days thereafter.
"Data Protection Legislation" means the UK Data Protection Legislation and any other European Union 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).
“Defective Equipment” means any equipment that does not meet the specification of the Equipment set out on the Website.
"Equipment" means the equipment which is provided to the Hirer under this Hire Agreement and delivered to the Hirer and detailed further in the Confirmation.
"Hire Agreement" means the agreement between Hire Fitness and the Hirer for the hire of the Equipment comprising the Order, the Confirmation and these terms and conditions.
“Hirer” means the party entering into this Hire Agreement and whose details are more particularly defined in the Order and “you” and “your” shall mean the same.
"Hire Fitness" means Hire Fitness Limited or one of its assigned Franchise In the header of this agreement.
“Hire Location” means the location to which the Hirer specifies on the Order Form for the Equipment to be delivered.
“Hire Period” is the date starting on the Commencement Date and ending on the earlier of the collection of the Equipment in accordance with clause 17 or the termination of this Hire Agreement.
“Insurance Waiver Fee” shall be the sum specified as the insurance waiver fee on the Website on the date on which the Hirer placed the Order.
“Minimum Hire Fee” means the amount calculated by reference to the rental per week set out on the Website on the date on which the Hirer placed the Order multiplied by four.
“Minimum Hire Period” shall be the minimum hire period specified by the Hirer when the Hirer placed the Order.
“Order” means the order for the hire of Equipment placed by the Hirer on the Website in accordance with clause 2.
“Permissible Adjustments” means day to day adjustment and care of the equipment in so far as such care includes activities such as: running belt alignment, pedal, handlebar and seat adjustments or other tasks set out and undertaken in accordance with the User Manual and any other instructions by Hire Fitness.
"Rental Fees" means the Minimum Hire Fee and the Subsequent Hire Fee.
“Rental Per Week” means the rental per week set out on the Website on the Date on which the Hirer placed the Order.
“Subsequent Hire Period” means the portion of the Hire Period following the Minimum Hire Period.
“Subsequent Hire Fee” means the amount calculated by reference to Rental Per Week multiplied by four.
“User Manual” means the user manual relating to each piece of Equipment available at the Website www.hirefitness.co.uk/manuals/ and as updated from time to time.
“Website” means Hire Fitness’s website at www.hirefitness.co.uk, which is governed by our website terms of use.

1.2 Unless expressly provided otherwise in this Hire Agreement a reference to legislation or a legislative provision:
1.3 is a reference to it as amended, extended or re-enacted from time to time ; and
1.4 shall include all subordinate legislation made from time to time under that legislation or legislative provision.
1.5 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.6 A reference to writing or written includes fax and email.
1.7 In the event of conflict between the provisions of this Hire Agreement and the provisions of any other agreement, the provisions of this Hire Agreement shall prevail.

2. ORDERING PROCESS AND REFERENCING
2.1 When placing an Order, You shall provide :
2.1.1 such information as the order form on the Website requires;
2.1.2 your card payment details;
2.1.3 the Hire Location;
2.1.4 date of Birth For identification purposes
2.1.5 your name, delivery and billing address, email address and telephone numbers
2.1.6 confirmation of whether you are entering into the Hire Agreement as a Consumer or a Business; and
2.1.7 confirmation that you are over 18 years of age if you are placing an Order as a Consumer or acting with the authority of the business if placing an Order as a Business.
2.2 Upon receipt of an Order Hire Fitness shall:
2.2.1 send you an email including its proposed contract (“e-contract”);
2.2.2 confirm if it can meet your order. All orders are subject to availability. Hire Fitness cannot guarantee that any product will be available at any given time;
2.2.3 notify you of the proposed Commencement Date; and
2.2.4 authorise but not charge your payment card.
2.3 E-contract and order confirmation
2.3.1 By returning the e-contract served in accordance with clause 2.2.1, you are entering into a binding contract with Hire Fitness;
2.3.2 You agree to Hire Fitness retaining your payment card details for the duration of this Hire Agreement for the purposes of charging the Rental Fees.
2.3.3 Hire Fitness may reject an Order for any reason.
2.3.4 If you would like to make any changes to your order after you have placed it, please contact us as soon as possible and we will let you know if it is possible to change your order.
2.3.5 Where payment for an order is unsuccessful, we will try to contact you using the contact details given in the Order. If we are unable to contact you, we will cancel your order and notify you by email.
2.4 You will need to save a copy of these terms and any emails from us for your records as we may not save a copy for you.
2.5 Cooling Off Period - This clause 2.5 only applies if you are a Consumer. If you bought online or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions as set out below.
2.5.1 Where you are a Consumer, you may terminate the Hire Agreement during the Cooling Off Period.
2.5.2 Hire Fitness may choose to delay the Commencement Date until the end of the Cooling Off Period.
2.5.3 Where Hire Fitness delivers the Equipment during the Cooling Off Period, the following provisions will apply:
2.5.3.1 You may terminate the Hire Agreement during the Colling Off Period;
2.5.3.2 Where the Hirer terminates under clause 2.5, you will be responsible for the reasonable costs we incur in collecting the Equipment;
2.5.3.3 You will be responsible for paying the Rental Per Week for each week or part thereof before you terminate the Hire Agreement; and
2.5.3.4 All Equipment must be returned to Hire Fitness in a unused condition .
2.6 Refunds
2.6.1 Hire Fitness will refund you as soon as possible and within 14 days where you exercise your rights under clause 2.5 (Cooling Off) or within 14 days of the Equipment being collected from the Hire Location.
2.6.2 Refunds will be by repayment to the card details provided in accordance with clause 2.
2.6.3 There will be no charge for a refund.

3 RENTAL FEES
3.1 During the Hire Period, you will be responsible for paying the Rental Fees to Hire Fitness.
3.2 You will be responsible for paying the Minimum Hire Fee for each four weekly rental period or part thereof during the Minimum Hire Period.
3.3 You will be responsible for paying the Subsequent Hire Fee for each four weekly rental period or part thereof during the Subsequent Hire Period.
3.4 The Subsequent Hire Period shall consist of one or more blocks of four weekly rental periods.
3.5 Both the Minimum Hire Fee and the Subsequent Hire Fee shall be payable in advance of each four weekly rental period to which it pertains.
3.6 The Rental Fees shall:
3.6.1 include VAT;
3.6.2 exclude delivery and collection charges; and
3.6.3 be paid by credit or debit card provided to Hire Fitness in the Order;
3.7 If we are unable to collect any payment owed to us by you, we may charge interest on the overdue amount at the rate of 4% above the base rate of Lloyds TSB Bank plc from time to time in force.
3.8 We may increase the rental per week by giving you four weeks’ written notice to take effect during the Subsequent Hire Period. We will not change the rental per week payable during the Minimum Hire Period.
3.9 If you make the Equipment available before the end of the agreed minimum hire period, you shall be responsible for the full amount of the rental fees.

4 DELIVERY, ACCEPTANCE AND HIRE PERIOD
4.1 We will do all that we reasonably can to deliver your order on the delivery date agreed with you. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not responsible for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
4.2 Once your order has been delivered to the Hire Location, the risk in the products passes to you and the goods are classed as having been ‘delivered’. This means that you are re-sponsible for the products and we are not liable to you if the products are stolen or dam-aged after they have been delivered to you. This does not affect your legal rights if the products are faulty or misdescribed.
4.3 This clause 4.3 shall apply where you are a Consumer. You shall check the Equipment for any defects or discrepancies at your earliest opportunity and shall notify Hire Fitness as soon as you become aware of any problems. In the period before such defects or dis-crepancies are remedied by Hire Fitness, you shall not use the Equipment but shall not be required to pay the Minimum Hire Fee.
4.4 Where the Hirer is a Business, the Hirer shall notify Hire Fitness in writing of any Defective Equipment within 24 hours of the delivery of the Equipment to the Hire Location.
4.5 Where Defective Equipment is reported to Hire Fitness and is found to be defective, Hire Fitness shall use reasonable endeavors to replace or repair the Defective Equipment within seven days. No Rental Fees shall be payable until either the default is remedied or substitute Equipment is delivered to the Hirer.
4.6 Unless you and we agree otherwise, all delivery of the Equipment shall take place during Monday to Friday between the hours of 10.00am to 4.00pm.

5 SUITABILITY AND USE
5.1 Where the Hirer is a Business, the provisions of this clause 5.1 shall apply.
5.1.1 Hire Fitness warrants that the Equipment will meet the specification set out on the Website when the Order was placed.
5.1.2 It is the Hirer’s responsibility to ensure that the Equipment meets the Hirer’s requirements; and
5.1.3 Except as set out in this clause 5, Hire Fitness gives no warranties and makes no representations in relation to the Equipment, and all warranties and conditions (including the conditions implied by sections 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
5.1.4 The Hirer shall use the Equipment for its internal business purposes.
5.2 This clause 5.2 shall apply where you are a Consumer.
5.2.1 We are under a legal duty to supply products that are in conformity with our contract with you. The Equipment must be as described, fit for purpose and of satisfactory quality.
5.2.2 We shall use reasonable care and skill to ensure that the Equipment meets your requirements, but it is your responsibility to communicate these clearly and thoroughly to Hire Fitness.
5.2.3 You must use the Equipment only for domestic and personal use and not for commercial, business or rehire purposes.
5.2.4 For more detailed information on your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
5.3 Substitute Equipment
5.3.1 Hire Fitness reserves the right to substitute the Equipment with alternative equipment of an equal or higher specification (which, for the purposes of interpreting this Hire Agreement, shall become the Equipment).
5.3.2 Descriptions of the Equipment are set out on the Website. Where the specification of the Equipment is given on the Website, all measurements, dimensions and other figures are as accurate as possible allowing for a reasonable variation.

6 SAFE OPERATION
6.1 You must operate the Equipment in accordance with the User Manual.
6.2 The user manuals are stored electronically on our website and can be downloaded at www.hirefitness.co.uk/manuals If you cannot locate the user manual please contact us sales@hirefitness.co.uk or Tele: 0800 612 6822 and we will supply a copy. Never use the equipment without consulting the user manual
6.3 You undertake not to permit any one under the age of 16 to use the Equipment.
6.4 You warrant on your own behalf and on behalf of all users of the Equipment (if applicable) that:
6.4.1 all users are below the maximum weight limit of the Equipment as specified in the User Manual;
6.4.2 all users shall seek and abide by any advice from appropriate medical professionals prior to using the Equipment;
6.4.3 all users shall use the Equipment in accordance with the User Manual;
6.4.4 all users shall use the Equipment in accordance with the intended use of the Equipment; and
6.4.5 the Equipment shall not be used outdoors.
6.5 You must undertake appropriate risk assessments as to the applicability and use of the Equipment prior to use.
6.6 You acknowledge that we are not qualified to advise you on any aspects of physical exercise or personal health. It is your responsibility to ensure that all users of the Equipment are capable of undertaking exercise on the Equipment.

7 OWNERSHIP
7.1 The Equipment shall remain the property of Hire Fitness.
7.2 You will not at any time, sell, assign, mortgage, charge or sublet the Equipment or any interest in the Equipment.
7.3 You will not remove any notices from the Equipment during the Hire Period.
7.4 If the Equipment is fixed to any land or building during the Hire Period, you will be responsible for any damage caused to such land or building by the affixing of the Equipment to, or removal of the Equipment from it and you will need to pay our costs if we incur any loss as a result of such damage.
7.5 This clause 7.5 is applicable to a Hirer that is also a Business. Subject to clause 7.4 and without prejudice to clause 7.4, if the Equipment or any part of it becomes in law a fixture, the Hirer must on Hire Fitness’s request make with Hire Fitness a joint election in such form as may be prescribed by law or required by the Hirer to the effect that the Equipment or the affected item shall be treated as belonging to Hire Fitness for the purpose of any claim for allowances in respect of the cost to Hire Fitness of purchasing the Equipment or the affected item.

8 INSURANCE
8.1 During the period commencing on delivery and ending at the end of the Hire Period, you need to insure and keep the Equipment insured under a fully comprehensive policy with a reputable insurer to the full replacement value of the Equipment set out in the Hire Agreement.
8.2 You will need to show us a copy of the insurance policy for the Equipment and proof of you payment of the premiums if we ask.
8.3 If you do not pay any insurance premium, we may, but do not have to, pay the insurance premium for you although you will need to reimburse us the cost of the insurance premium.
8.4 You must promptly tell us and the insurers of the Equipment about any loss of or damage to the Equipment. You authorize us to negotiate with the insurers of the Equipment to settle any insurance claim and to receive insurance monies in respect of the Equipment. If you receive any insurance monies in respect of the Equipment, you will inform us and hold the insurance monies on trust for us.
8.5 In the event of the Hirer receiving insurance monies as a result of a claim in respect of the Equipment, you agree that the insurance monies will be used as follows:
8.5.1 in replacing the Equipment with similar goods;
8.5.2 in compensating you for any loss or damage you may have suffered; and
8.5.3 in compensating Hire Fitness for any loss or damage which it may have suffered.

9 INDEMNITY
9.1 Where you are a Consumer, you will be responsible for paying Hire Fitness for its losses arising from the following:
9.1.1 your breach of clause 12; and
9.1.2 your breach of this Hire Agreement if that loss is not covered by insurance.
9.2 Where you are a Business, you shall indemnify and shall keep indemnified Hire Fitness against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Hire Fitness as a result of the following:
9.2.1 The Hirer’s breach of clause 12 (Modification); and
9.2.2 the Hirer’s breach of this Hire Agreement in so far as such loss is not covered by the Hirer’s insurance of the Equipment.

10 INSURANCE WAIVER OPTION
10.1 At the commencement of the Minimum Hire Period or any Subsequent Hire Period, you may elect to benefit from our insurance waiver in which case the following provisions shall apply:
10.1.1 you will pay us the Insurance Waiver Fee;
10.1.2 we may choose to insure the Equipment against loss due to accidental damage or fire damage to the Equipment and the theft of the Equipment; and
10.1.3 you accept that you will not enjoy the benefit of insurance over the Equipment to cover your losses except insofar as we insure the Equipment against loss or damage.

11 HIRE LOCATION
11.1 You must not remove the Equipment from the Hire Location except with our express written agreement.
11.2 If we agree for the Equipment to be moved to a new Hire Location, we may require you to pay any increased cost of collection fees from the new Hire Location.
11.3 Where a change of Hire Location is agreed, you will be responsible for moving the Equipment to the new location at your own cost and risk. With effect from the date of such move, the new location shall be deemed to be Hire Location for the purposes of this Hire Agreement.
11.4 You must allow us access to inspect the Equipment at the Hire Location at all reasonable times and with reasonable notice to inspect, maintain, replace, substitute or remove the Equipment.

12 MODIFICATION TO EQUIPMENT
12.1 Save in respect of a Permissible Adjustment, you must not alter, modify, adjust or deface the Equipment.
12.2 You must not remove, alter or interfere, or permit removal, alteration or interference with, any identification marks or serial numbers affixed to the Equipment, or to deface or add to the Equipment.

13 MAINTENANCE OF EQUIPMENT
13.1 You must:
13.1.1 keep the Equipment in a clean and good condition at your own expense;
13.1.2 keep the Equipment in a clean, dry place;
13.1.3 provide a safe 13 amp electrical supply, where applicable.
13.1.4 not subject the Equipment to any misuse or wear and tear over that consistent with normal and reasonable use; and
13.1.5 maintain any recommendations made by the manufacturer regarding the Equipment.
13.2 We may charge you a cleaning fee of £50 if you have not complied with your obligations under this clause 13 (Maintenance of Equipment).
13.3 You will allow us to inspect the Equipment every six months to undertake such repairs and checks on the Equipment as we in our opinion deem necessary for the purposes of maintaining the Equipment.

14 LOSS OF EQUIPMENT
14.1 Except in respect of reasonable wear and tear, you will be responsible for loss of, or damage to, or caused by, the Equipment during the Hire Period.
14.2 You must tell us immediately in writing if there is any material loss of, or damage to, the Equipment.
14.3 If the Equipment is lost or damaged by you, then Hire Fitness reserves the right to charge you the Replacement Cost of the Equipment as set out Hire Agreement
14.4 If the Equipment is stolen, you must immediately report the theft to the police and you must tell us immediately thereafter, including by providing us with crime reference numbers. In making any report of theft to the police, you must let the police know that the Equipment is owned by us.

15 REPLACEMENT EQUIPMENT
15.1 We will try to repair or replace Equipment that is inoperable within seven days of you telling us that the Equipment is inoperable. Where repair of the Equipment is not possible, we will try to replace inoperable Equipment with Equipment that is the same or of a similar or higher specification as the Equipment at no greater charge to you.
15.2 If the Equipment is inoperable because of something that you have done to the Equipment, we reserve the right to charge you with the costs of repairing the Equipment.
15.3 You must carry out all Permissible Adjustments.
15.4 You must not undertake any repairs to the Equipment except the Permissible Adjustments.
15.5 You may ask us to undertake the Permissible Adjustments on your behalf although we may charge you £50 for each visit.

16 TERMINATION
16.1 You can terminate this Hire Agreement in the following ways:
16.1.1 In accordance with clause 2.5 (Cooling Off Period) where you are a Consumer;
16.1.2 By giving us with no less than seven days’ written notice to expire at the end of the Minimum Hire Period; and
16.1.3 By giving us no less than seven days’ written notice to expire at the end of a Subsequent Hire Period.
16.2 We can terminate this Hire Agreement immediately in the following circumstances:
16.2.1 if you are in material breach of this Hire Agreement, examples of which might be damage to the Equipment worth more than the Minimum Hire Fee or failure to comply with your obligations to insure the Equipment under clause 8;
16.2.2 if any payment you owe us under this Hire Agreement is more than two weeks late.
16.3 Where you are a Consumer, we may terminate this Hire Agreement on seven days’ written notice not to expire before the end of the Minimum Hire Period.
16.4 Where you are a Business, we may terminate this Agreement on seven days’ written notice.
16.5 Without affecting any other rights a party might have, either party may terminate this Hire Agreement if:
16.5.1 the financial position of the other party deteriorates to such an extent that in the opinion of the terminating party the other party’s capability to adequately fulfil its obligations under this Hire Agreement has been placed in jeopardy; or
16.5.2 the other party commits a material breach of any term of this Hire Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of seven days after being notified to do so.

17 COLLECTION OF EQUIPMENT
17.1 We will give you no less than seven days’ notice of the time and date on which we intend to collect the Equipment.
17.2 You must make the Equipment available for collection at the time and on the date specified by Hire Fitness under clause 17.1.
17.3 You must not attempt to return or deliver the Equipment to us.
17.4 You must make the Equipment available for collection at a time and a date to be agreed between us and in any event within fourteen days of termination of this Hire Agreement.
17.5 If you do not make the Equipment available for collection, you will need to continue to pay the Rental Fees until the Equipment is collected.
17.6 If you do not make the Equipment available for an agreed collection, you will need to pay our reasonable costs of such attempted collection.
17.7 Unless you and we agree otherwise, all collection of the Equipment shall take place during Monday to Friday between the hours of 10.00am to 4.00pm.

18 CONDITIONS & WARRANTIES FOR CONSUMERS - This clause 18 shall apply where you are a Consumer.
18.1 Where you are considered to be a Consumer, we will ensure that the Equipment:
18.1.1 corresponds with its description on the Website;
18.1.2 is of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
18.1.3 is free from defects in design, materials and workmanship; and
18.1.4 is fit for any purpose you tell us about, expressly or by implication, and in this respect you rely on our skill and judgement; and

19 CONDITIONS & WARRANTIES FOR NON-CONSUMERS - This clause 19 shall apply where you are a Business.
19.1 Where the Hirer is not a Consumer, Hire Fitness excludes the following implied conditions that:
19.1.1 the Equipment will correspond with the description, in cases where the Equipment are let by reference to a description;
19.1.2 any condition of satisfactory quality of the Equipment;
19.1.3 any condition of fitness of the Equipment for any particular purpose;
19.1.4 where the Equipment is let by reference to a sample, any condition that the bulk will correspond with the sample in quality, provided that the Hirer will have a reasonable opportunity of comparing the bulk with the sample; and
19.1.5 the Equipment will be free from any defect.
19.2 Where the Hirer is not a Consumer, the Hirer expressly acknowledges that Hire Fitness is not the original manufacturer of the Equipment, and that the 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 Equipment or its fitness for any purpose are hereby expressly excluded to the fullest extent permitted by law.
19.3 Where the Hirer is not a Consumer, the Hirer acknowledges that Hire Fitness or its representatives are not qualified to advise the Hirer on any aspects of physical exercise or personal health.
19.4 Where the Hirer is not a Consumer, it is the Hirer's responsibility to ensure that all users of the Equipment are capable of undergoing a routine of exercises on the Equipment. The Hirer accepts the risk of injury from performing exercises on the Equipment.

20 LIABILITY – where the Hirer is a Consumer
20.1 We will not compensate you for all losses caused by us or the Equipment. We will be responsible for losses you suffer because of us breaking the terms of this Hire Agreement except where the loss is:
20.2 Unexpected. It was not obvious that it would happen and nothing the Hirer said to Hire Fitness before Hire Fitness accepted the Order meant Hire Fitness should have expected it (so, in the law, the loss was unforeseeable).
20.3 Caused by a delaying event outside our control.
20.4 Avoidable.
20.5 Subject to clause 20.6, the total amount either party shall pay to the other for breach of this Hire Agreement shall be the total Rental Fees payable in a year, although any Rental Fees already due under this Hire Agreement will not be taken into account in such calculation.
20.6 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

21 LIABILITY – where the Hirer is a Business.
21.1 Where the Hirer is a Business, nothing in this Hire Agreement limits any liability which cannot legally be limited including liability for:
21.1.1 Death or personal injury caused by Hire Fitness’s negligence;
21.1.2 fraud or fraudulent misrepresentation;
21.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
21.1.4 any liability that cannot legally be limited.
21.2 Where the Hirer is a Business and subject to clause 21.1, the Hirer shall not be liable under this Hire Agreement for any:
21.2.1 loss of profits;
21.2.2 loss of sales or business;
21.2.3 loss of agreements or contracts;
21.2.4 loss of anticipated savings;
21.2.5 loss of use or corruption of software, data or information;
21.2.6 loss of or damage to goodwill; and
21.2.7 indirect or consequential loss.
21.3 Neither party may benefit from the limitations and exclusions set out in this clause 21 in respect of any liability arising from its deliberate default.
21.4 Nothing in this clause 21 shall limit the Customer's payment obligations under this Hire Agreement.
21.5 Subject to clause 21.1 (exclusions), clause 21.2 (type of loss) and any liability for breach of its data protection liabilities, Hire Fitness’s total liability to a Hirer that is a Business shall not exceed the lesser of £10,000 and aggregate of Rental Fees paid or payable by the Hirer to Hire Fitness in a 12 month period.
21.6 Subject to the below, Hire Fitness’ liability under or in connection with these terms (re-gardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed 52 x the price per week specified in the Order.

22 CIRCUMSTANCES BEYOND OUR CONTROL
We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

23 GETTING IN TOUCH
You can contact us by sending an email to sales@hirefitness.co.uk or by calling us on 0800 9788555.

24 LAW AND JURISDICTION
24.1 If you are a Consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
24.2 If you are a Business, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.

25 SEVERANCE
If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.

26 VARIATION
If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.

27 ASSIGNMENT AND THIRD PARTY RIGHTS
27.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
27.2 No one other than us or you has any right to enforce any of these terms.

28 SURVIVAL
28.1 The following clauses shall continue in force following termination of this Hire Agreement:
28.1.1 Obligation to pay the Rental Fees; and
28.1.2 Indemnity.

29 YOUR INFORMATION
Any personal information that you provide to us will be dealt with in line with our Privacy Policy available on the Website, which explains what information we collect and hold about you, and how we collect, store, use and share such information.

30 COMPLAINTS
If you are unhappy with us or the products you ordered, please contact us via the Website.

31 WAIVER
If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.