Terms of Subscription

“Welcome to April Laugh’s legal terms of subscription! Although we provide our services with your health and safety in mind, everyone has their own limitations, and it is therefore critical that you consult your physician or other licensed healthcare provider before subscribing to our fitness programme especially if you are prone to injuries or have any other unique or special medical conditions. Please read the following important legal terms before you subscribe to our fitness programme.” 

1. GENERAL INFORMATION 

1. 1 This contract sets out your and our legal rights and responsibilities in relation to the fitness programme as well as certain key information required by law. In the UK, the Consumer Rights Act 2015 gives you certain legal rights in relation to the supply of services and nothing in this contract affects your legal rights under this legislation.  

1. 2 By subscribing to our fitness programme, you agree to be legally bound by this contract and the following rules: 

1. 2.1 Our Fitness Programme Rules which set out your minimum nutritional and workout obligations during the programme. A copy of these rules are available to view from our website; 

1. 2.2 Our User Accountability Policy which sets out your minimum accountability obligations during the programme. A copy of this policy is available to view from our website; and any changes we may make to these terms in the future.  

1. 2. 3 We may update these terms from time to time to maximise the effectiveness of our programme. If we are changing the terms of this contract, we will write to you to let you know and provide you with reasonable advance notice. You can end this contract immediately if you are unhappy with a change we are making to the contract. Please see section 13.3 for more information about this.  

1. 3 These terms were last updated on 8 May 2023. Historic versions can be obtained by contacting us. 
2. 4 If you have any questions about this contract or any order you have placed, please contact us using the contact information in section  

2. ABOUT APRIL LAUGH 

2.1 The fitness programme is provided by April Laugh.  April Laugh is an international provider of online fitness and wellness programmes. April Laugh is the trading name of April Laugh Limited. We are a company registered in England and Wales under company number 10660144. Our registered office is at 128 City Road, London, United Kingdom, EC1V 2NX. Our website is www.aprillaugh.co.uk. You may contact us via email at workout@aprillaugh.co.uk or alternatively via WhatsApp at +44 7908 826118. Basic call rates apply.  

3.  IMPORTANT MEDICAL INFORMATION  

3.1 Our fitness programme is not suitable for pregnant ladies. If you are a nursing mother, you should use our meal plan specifically designed for nursing mothers. Please request a copy from our team.  

3.2 Our fitness programme is not a substitute for, nor does it constitute medical advice or other professional healthcare advice. We are not functioning in any clinical or licensed medical or psychological capacity, we are only providing information and educational self-help resources. You must consult a physician or licensed healthcare provider if you have concerns about your health. 

3.3 Although we provide our services with your health and safety in mind, everyone has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider before and during your subscription especially if you are prone to injuries or have any other unique or special medical conditions.  

3.4 We provide a meal plan as part of the fitness programme. The meal plan and other related information are designed to help participants eat healthily to reach their fitness goals. While any nutritional information we may provide is designed to safely align with our exercise regimens, you must consult your physician before beginning any meal plan or altering any dietary regimen, especially if you have any unique or special medical needs or conditions, such as food allergies or dietary restrictions.  

4. PRE-CONTRACT INFORMATION  

4.1 The law in the UK states that we must give you certain key information before a legally binding contract between you and us is made. We provide you with a copy of this key information during the online order process. The key information we give you forms part of this contract and can only be changed if you agree to it. If you disagree with the change, you may end your subscription immediately under section 13.3. 

5. OUR PRIVACY POLICY 

5.1 Your privacy is important to us so any personal information you supply will be handled in accordance with our Privacy Policy available to view from our website. 

6. ELIGIBILITY FOR FITNESS PROGRAMME  

6.1 By subscribing to our fitness programme, you confirm that:

       6.1.1 you are at least 18 years old or have reached the legal age of maturity in your country, 

        6.1.2 you have the legal capacity to enter into this contract; and 

        6.1.3 you have reviewed your medical eligibility as set out in section 3. 

7. FITNESS PROGRAMME DURATION 

7.1 You join our fitness programme by placing an order via our website. During the order you will be prompted to select your preferred programme length: a one-month plan, a three-month plan, a six-month plan or a 12-month plan. Your subscription starts when your order is accepted in section 7.2 and it ends when your selected fitness programme is complete (unless you extend it or either one of us ends it early under section 13). 

7.2 We will email you to confirm successful subscription to our fitness programme (Confirmation Email). Thereafter, we will provide you with login details and instructions on how to access the programme. At this point, a legally binding contract will be in place between you and us so you should retain this contract for your records. The fitness programme will commence on the date advertised during the order process. 

7.3 In exceptional circumstances, we may contact you to say that we do not accept your order for a new subscription or a subscription extension. If your order is rejected, we shall refund any fees paid by you in advance for services not supplied in accordance with section 15.  

7.4 You cannot pause your subscription once it has commenced. You should end your subscription if you do not wish to continue with the fitness programme, please see section 13 below for more information about your right of termination. 

8. COOLING-OFF PERIOD 

8.1 You have the right to cancel this contract within 14 days without giving any reason. However, where the fitness programme has commenced during the cooling-off period, you will be required to pay for the programme started in the event that you cancel during the cooling-off period.  

8.2 The cooling-off period expires 14 days after our Confirmation Email in section 7.2. To exercise your right of cancellation, you must send us your written cancellation request via email to workout@aprillaugh.co.uk within the cooling-off period.  

8.3 When you subscribe to the fitness programme, you will be given the option to tick a box to request immediate start of the programme. By ticking the box, you acknowledge that you will be required to pay for the fitness programme commenced if you choose to cancel during the cooling-off period. If you cancel the subscription during the cooling-off period, we will reimburse all fees received from you minus the number of days you spent on the programme. We will make the reimbursement within 14 days after your cancellation request using the same payment method used by you.  

8.4 Your right of cancellation in this section 8 does not affect your termination rights in section 13. 

9. ABOUT OUR FITNESS PROGRAMME 

9.1 When you subscribe to our fitness programme, you are securing a place on the programme. Since you are paying for a place on our programme, our subscription fee is payable for the duration of the programme, irrespective of your participation. This means that you are responsible for our subscription fee in section 11 whether you participate in the programme activities or not. We shall not issue refunds or credit notes for any missed workouts or accountability groups. 

9.2 The fitness programme comprises of the following components: 

(a) a one-off meal plan (available to download from our website), 

(b) an online workout programme; and 

(c) an online accountability group (subject to compliance with User Accountability Policy). 

9.3 Fitness Programme Rules

9.3.1 We want your experience at April Laugh to be safe and productive, so you must comply with our Fitness Programme Rules. The Fitness Programme Rules set out your minimum nutritional and exercise obligations during the programme. Failure to follow the Fitness Programme Rules will not only affect your fitness goal but it may also affect your health & safety. We shall be entitled to end your subscription immediately (without refund) if you fail to follow any aspect of the Fitness Programme Rules.  

9.3.2 We provide you with a copy of the rules during the order process and a further copy is available to view from our website. The Fitness Programme Rules are incorporated into and form part of this contract. You should read them carefully to ensure you are able to comply. We may update the rules from time to time to maximise the effectiveness of our programme. 

9.4  Meal plan

We provide a meal plan as part of the fitness programme. The meal plan and other related information are designed to help participants eat healthily to reach their fitness goals. While any nutritional information we may provide is designed to safely align with our exercise regimens, you must consult your physician before beginning any nutrition plan or altering any dietary regimen, especially if you have any unique or special medical needs or conditions, such as food allergies or dietary restrictions. 

9.5  Online workout plan  

9.5.1 Our workout plan comprises of three 1-hour workout sessions daily Monday to Friday and one morning session on Saturdays.  The workouts are delivered online via Zoom and comprise of a range of cardio and strength training programs.  The workout sessions are made up of numerous online participants, they are not one-to-one sessions or face-to-face sessions.  

9.5.2 Our online workout sessions are recorded and the recordings made available on-demand to our membership via our app. Please refer to section 10 for more information about the recordings.

9.6 Accountability group

9.6.1 We hold participants accountable during the fitness programme. participants are added to an online accountability group managed by a fitness coach. The purpose of the group is to guide, encourage and motivate participants to reach their fitness goals. You must report daily your nutritional and workout progress to the group as set out in the User Accountability Policy. 

9.6.2 Failure to follow the User Accountability Policy may lead to your suspension or eviction from the accountability group. If you are suspended or evicted from the accountability group, you will continue to have access to the meal plan and the online workout plan.  

9.6.3 We provide you with a copy of the User Accountability Policy during the order process and a further copy is available to view from our website. The User Accountability Policy is incorporated into and forms part of this contract. You should read the policy carefully to ensure you are able to comply. We may update the User Accountability Policy from time to time to maximise the effectiveness of our programme. 

9.7 Professional standards

We deliver the fitness programme using the reasonable skill and care required by law (“Professional Standards”). Although we use Professional Standards, we cannot guarantee that you will meet your fitness goal by the end of the programme because fitness involves several factors, most of which are beyond our control as programme providers, (such as your medical history and mental health).  

9.8 April Laugh Resources

Access to April Laugh resources (including but not limited to the meal plan and the workout plan) is restricted to programme members only. You should never share any April Laugh resources with a third party. We shall be entitled to end your subscription immediately (without refund) plus recover compensation from you if you abuse our fitness programme in any way. Please refer to section 16 for more information about our intellectual property rights. 

9.9 Complaints

If at any point you become unhappy or concerned about the service we have provided, you should inform us immediately as set in section 17.  

10 . RECORDINGS 

10.1 Our online workouts are recorded and the recordings made available to participants on-demand via our app. All recordings are removed from the app and deleted at the end of the month it was recorded. If for instance, a workout was recorded in April, it will be deleted and removed from the app on the last day of April. We do not use the recording outside of this scenario unless we have your express prior consent.  

10.2 During the workout, the camera will generally focus on the fitness instructor leading the session, occasionally, it may focus on individual participants to the extent they make sounds or speak during the session. You can minimise being recorded by keeping your microphone on mute throughout the session.  

10.3 By attending the workouts, you provide your consent to being recorded and the recording stored on our app for the duration of the month. You must not attend our workouts unless you consent to this. In addition, you should not present yourself at the workout in a state you do not wish to be recorded in.

11. SUBSCRIPTION FEE AND PAYMENT 

11.1 Subscription fee. You must pay us the subscription fee for your fitness programme. The subscription fee applicable to your programme is the one advertised during the order process (“Subscription Fee”). If you join the fitness programme part way through the programme, you may be entitled to a pro-rata discount to reflect your late enrolment to the programme.

11.2 Payment. The Subscription Fee is payable in advance when you subscribe to the programme. We offer the option of payment in instalments, but regardless of whether you choose to withdraw from the program, the instalment payments must be completed in full.

The Subscription Fee must be cleared in full before you are granted access to the fitness programme. We collect our payment in pounds sterling (£). We collect your Subscription Fee via an online payment system when you place your order.  We shall credit the payment method selected by you. A payment confirmation email shall be issued to the email address provided by you. 

11.3 Late payment interest. If your payment is late, we may charge you interest on any balance outstanding at the rate of four per cent above the Bank of England’s base rate.  

11.4 If your subscription ends, it will not affect our right to receive any money owed to us before the subscription ended.

11.5 Nothing in this section 11 affects your legal rights to cancel the contract during the cooling-off in section 8. 

12. LIMITATION ON OUR LIABILITY 

12.1 Except in the case of legal responsibility that cannot be excluded in law (such as for death or personal injury) or those arising under data protection law, we shall never be legally responsible to you for any of the following losses: (a) losses that were not foreseeable to you and us when the contract was formed; (b) losses that were not caused by any breach on our part; (c) business losses; and (d) losses to non-consumers.

13. YOUR RIGHTS TO END THE SUBSCRIPTION 

13.1 You have the right to end your subscription under certain circumstances. Your right to end your subscription will depend on the length of your subscription, how we are performing and the timing of your termination. You may end your subscription under the circumstances set out in sections 13.2 to 13.4 below.

13.2  Cancellation during the Cooling-off Period  

The law states that for most products bought online you have a legal right to change your mind within 14 days of the order.  If you cancel your subscription after we have started the fitness programme, we shall refund the Subscription Fee paid by you pro-rata to reflect the number of programme days outstanding at the point of your termination request. More information about your right of cancellation during the cool-off period is in section 8. Please refer to section 15 for information about how we process refunds. If you wish to end your subscription in these circumstances, please email us at workout@aprillaugh.co.uk to request a subscription termination stating the cooling-off period as the basis of your request. 

13.3 Fault-based termination 

13.3.1 You may end your subscription for a reason set out in paragraphs (a) to (d) below. If you end your subscription for a reason set out below, your subscription will end immediately, and we will refund any Subscription Fee paid in advance for services not supplied. The reasons are: 

(a) We fail to meet the Professional Standard in section 9.7 in delivery of the fitness programme;  

(b) We have implemented a change to these terms that you do not agree to (as set out in section 1.2.3), 

(c) The subscription was misdescribed and you do not wish to proceed, or 

(d) The fitness programme is interrupted beyond two consecutive weeks due to events outside our control as set out in section 19.2. 

13.3.1. If you wish to end your subscription in these circumstances, please email us at workout@aprillaugh.co.uk to request a fault-based termination. In your request you must explain the circumstances that have led to your request. It is your responsibility to support your request and we may ask you to supply additional information to support your request. Occasionally, we may reject your request if we consider you have failed to reasonably support your request. If your fault-based termination is rejected, you may still be entitled to end your subscription on a non-fault basis as set out in section 13.4. 

13.3.2 If your termination request is successful, we shall refund the Subscription Fee paid by you pro-rata to reflect the number of programme days outstanding at the point of your termination request. Please refer to section 15 for more information about how we process refunds. 

13.3.3 If you are unhappy about the outcome of your termination request, you may file a complaint under our complaints procedure in section 17. 

13.4 Non-fault-based termination  

13.4.1 Even if we are not at fault and you do not have a right to change your mind during the cooling-off period in section 13.2, you can still end your subscription early by providing four weeks’ advance written notice of your intention to end your subscription. If you wish to end your subscription in these circumstances, please email us at workout@aprillaugh.co.uk requesting a non-fault-based termination.  

13.4.2 Since non-fault-based termination is subject to a minimum four weeks’ advance notice period, this means that when you request a non-fault-based termination, your subscription will not end immediately. Instead, your subscription will continue to run for four additional weeks after the date of your termination request.  

For example, if you tell us you want to end your subscription on 3rd February, the minimum 4 weeks notice period will run from 4th February until 5th March. So, you will continue to be enrolled on the fitness programme for four weeks until 5 March and your subscription will formally end on 6 March.  

13. 4. 3 We shall refund any Subscription Fee paid by you pro-rata to reflect the number of programme days outstanding at the point of your termination request. Please refer to section 15 for more information about how we process refunds. 

14. OUR RIGHTS TO END THE SUBSCRIPTION 

14.1 We can end your subscription with immediate effect at any time if: 

14.1.1 you fail to pay any sum due under this contract by the payment date and the sum remains outstanding despite two reminders; 

14.1.2 in our reasonable opinion, we do not consider the fitness programme is suitable for or in your best interests; or 

14.1.3 you commit a serious or repeated breach or non-observance of any of the provisions of this contract including any aspect of the Fitness Programme Rules. 

14.2 We shall write to you via email if we decide to bring your subscription to an end under section 14.1. 

14. 3 If your subscription is brought to an end under section 14.1, (except for sub-section 14.1.2) we shall be entitled to recover compensation from you for breach of contract in addition to any outstanding Subscription Fee such as our administrative or legal fees of terminating your contract.  

14.4 At termination, you must immediately pay us all outstanding sums relating to services supplied (not already paid) plus any compensation claimed by us under section 14.3. Our invoice shall be payable by you immediately upon receipt.

14. 5 Our rights in this section do not affect any other rights that we might have at law to terminate your subscription or to accept any breach of this contract on your part as having brought your subscription to an end.  

REFUNDS 

15.1 You will not normally be entitled to a refund from us unless: 

     (a) Your subscription is rejected or brought to an end; and

      (b) there is an overpayment calculated by deducting the total value of the Subscription Fee paid by you from the total value of the fitness programme supplied by us to you before the end of the subscription.  

15.2  If there is an overpayment, we shall refund the monies 14 days after the rejection or termination date using the payment method used by you.  

16. INTELLECTUAL PROPERTY RIGHTS 

16.1  During the fitness programme, we may share with you resources such as workshops, information, publications and materials owned by us or our licensors. When you use this content, you will not own it. Instead, we give you permission to use it for the purposes of the fitness programme. You should not distribute, sell, publish or sublicense the content to any third party or use it for any commercial purpose whatsoever. April Laugh and our licensors shall continue to own all intellectual property rights in or arising out of such content.  

17. COMPLAINTS PROCEDURE 

17.1 We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service we have provided, you should inform us immediately so we can do our best to resolve the problem. Please email us at workout@aprillaugh.co.uk to raise a concern or complaint. We respond to all complaints within 14 days excluding weekends and bank holidays. 

18. CONFIDENTIALITY 

18.1  During the programme, you may have access to other participants’ confidential and sensitive information (including but not limited to) personal photos, contact information and weight information shared via the accountability group. You agree you will respect other participants’ confidentiality by (during and after the programme): 

     (c) refraining from disclosing such confidential information to a third party; or 

      (d) using or copying any aspect of the confidential information without their prior written consent.  If your device makes an automatic copy of content shared, you must delete such content immediately.  

18.2 April Laugh and/or other participants may pursue legal action against you if you misuse any of the confidential information shared during the programme. 

19.  EVENTS BEYOND OUR CONTROL 

19.1  We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control. If the fitness programme is affected by events beyond our reasonable control, we will keep you updated with regards to timescales for resolution. Once the fitness programme resumes, we will extend the programme to reflect the delay (at no additional charge) so you receive the full benefit of the programme.  

19.2   You may end your subscription immediately if we inform you a programme interruption is likely to exceed two consecutive weeks or if an interruption exceeds two consecutive weeks. Please see section 13.3.1 for more information. 

20. THIRD-PARTY RIGHTS 

20.1  No one other than a party to this contract has any right to enforce any term of this contract. 

21. DISPUTES 

21.1   The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. 

21.2.   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 another part of the UK.