1. PRINCIPAL TERMS
1.1 This agreement will become binding on you and us when we contact you to confirm your membership application has been accepted, at which point a contract will come into existence between you and us.
1.2 You will be entitled to all the rights and privileges set for the Type of Membership chosen.
1.3 You cannot transfer this agreement to anyone else
2. APPLYING FOR MEMBERSHIP
2.1 You must be 16 years of age or over to apply for a Membership. We may ask for photo ID to confirm your identity and your age.
2.2 Upon being accepted as a member, we will need to take your photograph for your membership card to confirm your identity each time you enter the Gym. It is at our discretion whether we allow a member to join without having a copy of their photograph on our records, since this is how we identify our members.
2.3 We may reject any application for Membership at our discretion and acting reasonably. Where we reject your application, we will inform you in writing of our reasons for doing so.
2.4 In order to provide you with certain services, we may ask you to complete a physical activity readiness questionnaire (PARQ). If you do not wish to complete this form or provide us with this information, then you may not be able to enjoy the full benefits of membership with us. More information about this is provided on the PARQ, or you can or contact the fitness factory team for further information.
3. MEMBERSHIP TYPES
3.1 We offer various Membership types, offering a range of price versus flexibility, so that our members have the following choices:
3.1.1 Monthly Memberships. Under this Membership, you commit to being a member for the minimum contract term. After the minimum contract term ends (one full calendar month of full price payment), your Membership will continue to roll on a month-by-month basis until you choose to cancel your Membership in line with Section 7 (Cancelling Your Membership) of these Terms & Conditions.
3.1.2 Paid in Full Memberships / Discounted Monthly Commitment Memberships. Under this Membership, you commit to being a member for the full term specified. Your Membership will automatically roll onto another Membership for the same term unless you request to change the term or to switch to a monthly Membership.
3.1.3 • Under this payment option, during your (12-month) commitment period you will not be able to downgrade to a lower level of membership, and you will not be able to cancel your membership during this period except for the reasons set out in normal Ts & Cs in Section 7 below. You must pay your Membership fee in full before you can begin to use the Gym facilities.
3.1.4 Student, Blue Light & Oap Discounted Membership
Discount is available to those who can present a valid ID verifying their student status, service profession (blue light card) or proof of age and discount is based on the cost of standard monthly memberships. All discounted memberships are subject to Fitness Factory’s membership rules and terms and conditions. Discount cannot be used in conjunction with any other offer and does not apply to any classes or other services that they may offer for sale from time to time. Fitness Factory reserves the right to terminate this discount without notice.
3.1.5 Rolling monthly memberships can be cancelled at any time providing one month’s notice is given to management.
4. MEMBERSHIP FEES
4.1 Your Membership fee will depend on the type of Membership you have chosen. If you have any queries relating to the fees you are paying, please speak to a Gym manager or contact us.
4.2 During your Membership, you must pay your Membership fee in the amounts and on the dates set out in your Membership Agreement, unless you have frozen your Membership in line with Section 8 (Freezing Your Membership) below.
4.3 If you have a monthly Membership, it is your responsibility to ensure that your monthly payment is made to us. If we have not received your monthly payment, we reserve the right to refuse you access to the Gym until you have made your payment.
4.4 Payment of your Membership fees must be made in advance every month, on or around the 1st of the month, or as set out in your Membership Agreement. Under these Terms & Conditions, monthly means every calendar month. A full calendar month starts on the first day of the month and ends on the last day of the month.
4.5 If you have a Paid in Full Membership or a Discounted Monthly Commitment Membership and you wish to change your Membership, you must notify us in writing (letter or email are acceptable) no later than the 20th day of the last month in which your Membership is due to expire. If you fail to notify us, we will assume you wish to continue on the same term.
5. MEMBERSHIP CARD
5.1 You will receive a Membership card or other means of access upon joining the Gym.
5.2 You must present your Membership card for security and verification on each visit to the Gym.
5.3 You may not loan your Membership card or allow another person to use it. If you forget your Membership card, we may ask you for ID to allow us to identify you.
5.4 If you do not have your Membership card you will be admitted to the Gym at our discretion.
5.5 All members must have their photograph taken for identification purposes; this will be stored on Fitness Factory Leicester database. This information will solely be used by Fitness Factory Leicester and will not be released to any third parties.
5.6 If you lose your membership card we will charge a fee to replace it.
6. FAILING TO PAY YOUR MEMBERSHIP FEES
6.1 If you fail to pay your Membership fee for whatever reason, you will not be permitted entry to the Gym until you have settled the outstanding payments. You can settle this by paying in cash or by debit/credit card.
6.2 If you choose to end your Membership, or it ends for any other reason, you are responsible for cancelling any auto payment you have set up.
6.3 If you cancel your auto payment without telling us you wish to cancel your Membership, or you continue to use the Gym after cancelling, we will contact you in relation to any outstanding payments that may be due. 7. CANCELLING YOUR MEMBERSHIP
7.1 You must give us your cancellation in writing (by letter or email), and in person to prevent fraudulent cancellation if you choose to cancel.
7.2 If you choose to cancel, you must do the following:-
7.2.1 If you are a member on a monthly Membership: provide one full calendar month’s advance written notice, effective from the 1st of the following month. If we receive notice by the first day of the month, your membership will end on the first day of the following month. If we receive notice after the first day of the month, your membership will end of the first day of the second month following the notice. For example, a Member who wishes to cancel on 1st June, must complete the request by 30th April. A cancellation request completed on 21st May would only be eligible for cancellation as at 1st July.
7.2.2 We may request to see evidence in such circumstances. Otherwise, if you wish to cancel at the end of the term, you are required to give one months written notice as described in the monthly membership above.
7.2.3 If you are a member on a paid in full Membership or a discounted monthly commitment: if you wish to end your Membership early, we will only issue a refund where applicable for the remainder of your membership term, or allow a cancellation in the membership commitment period, in the following circumstances: ▪ Pregnancy, ▪ Redundancy, ▪ Serious illness, ▪ Serious injury, ▪ Closure of the Gym for longer than 4 weeks, or ▪ Relocation of the Gym out with a five mile radius of its original location.
7.2.4 otherwise you must give us one full calendar month’s written notice to cancel your membership at the end of your membership commitment period. We must receive this notice at any time on or before the first day of the last full calendar month of your commitment period. However, you can cancel your membership straight away if you pay for the remaining full calendar months of your commitment period.
7.2.5 You must also sign and date the cancellation document which will be made available on request by a member of the team at reception. This is to prevent fraudulent cancellation by email.
7.2.6 If you have any questions on cancelling your Membership, please ask a Gym manager or contact us via email@example.com.
8. FREEZING YOUR MEMBERSHIP
8.1 Any member may apply for their Membership to be frozen (or unfrozen) for any reason by emailing a request via firstname.lastname@example.org, or speaking to a Gym Manager.
8.2 When you “freeze” your Membership, you will be charged a freeze fee of 50% per month of your standard membership fee and you will not be permitted access to the Gym. You can opt to unfreeze your Membership at any time, following which your Membership fee will return to the unfrozen rate and you will be permitted full access to the Gym. In order to unfreeze a Membership, a pro rata fee for the remainder of the then current month will be payable. The freeze fee of £10 is not payable towards this pro rata fee.
8.3 The minimum freeze period is one full calendar month commencing on the 1st day of the month and the maximum freeze period is six full consecutive calendar months, unless your reason for freezing your Membership is one of the following: • Pregnancy, • Serious illness, • Serious injury, or • Redundancy In the above cases, the freeze period can be extended to a period to be agreed with us. We may ask to see supporting evidence before agreeing to this. To request a freeze, you must contact us by the 20th day of the month prior to the requested freeze start date. For example, a member who wishes to freeze commencing 1st June, must provide a written request by 20th May. A freeze request completed on 21st May would only be eligible for a freeze start date as of 1st July.
8.4 Unless you fall within the categories above where we have agreed separate terms for your frozen period, the following will apply:- • A fee of 50% of the member contract cost per month applies throughout the period of frozen Membership; • Freeze periods will not count towards a member’s contractual term, and will extend any applicable minimum term by the number of frozen months taken; and • Membership may not be frozen during the notice period of cancellation.
8.5 If you are on a monthly Membership, your freeze fee(s) will be taken via autopay. If you are on a paid in full Membership you must settle your freeze fee(s) in advance of the 20th day of the month prior to the requested freeze month. We reserve the right to freeze memberships during a period of enforced closure with a 50% monthly administration and facility cost fee.
9. TERMINATION OF MEMBERSHIP
9.1 We may cancel your Membership by giving you one months’ notice in writing. For example, if we contact you to tell you that we are terminating your Membership on 1 May, the last day that you will be able to use the Gym will be 31 May, as your Membership will officially end on 1 June. In these circumstances, we will refund any Membership fees that you have paid in advance for your remaining membership term.
9.2 We may terminate your Membership without notice if:
9.2.1 You breach these Terms & Conditions or the Gym Rules, either on a serious or repeated basis;
9.2.2 Membership fees remain unpaid after 2 months’ following a request by us for payment;
9.2.3 Or you put or have put the health, safety or well-being of our staff, members or anyone else on the Gym premises.
9.3 All decisions made by us under this clause are final. We are unlikely to accept a new application for Membership from someone who has had their Membership terminated.
9.4 If we decide to close the Gym or are forced to close by the Government for any reason, we will give as much notice as possible via all broadcast channels. We reserve the right to freeze memberships during a period of enforced closure with a 50% monthly administration and facility cost fee.
10. CHANGES TO MEMBERSHIP
10.1 We may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions. If the change affects your Membership, we will notify you by contacting you using the contact details provided and general notifications on social media. Any changes will always be reflected on the website.
10.2 If the change is for the benefit of the majority of our members, it will be notified and the change will take effect immediately.
10.3 We may make changes to our Membership terms, fees or amend our Membership types.
10.4 We will aim to inform you in writing of any change in your Membership fees at least one calendar month before the change is to come into effect.
11. DAY PASSES TERMS & CONDITIONS
11.1 Your membership will be activated on the date you specified, running till midnight of the specified date.
11.2 You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
11.3 You cannot transfer this daily membership to anyone else nor transfer to another date.
11.4 Day passes are non-refundable.
11.5 Day passes are subject to a fair use policy. 1 pass per person, multiple passes may be cancelled without warning.
11.6 Free passes have no resale value, and cannot be exchanged for cash or any other product or service.
12. GYM FACILITIES
12.1 Full details of our normal opening hours are available upon request at the Gym and on our website.
12.2 We may vary our normal opening hours, temporarily remove access to certain equipment, or temporarily close certain areas of the Gym from time to time and without notice for various purposes including: cleaning, decorating, repairs, refurbishment, or for special functions and holidays.
12.3 Where the Gym is unavailable for access for more than seven or more days in any one month period, we will offer a proportionate refund to all Members, this does not apply to any forced closure of Fitness Factory Leicester by any external body.
13. HEALTH AND SAFETY
13.1 We recommend that all Gym users complete and sign a PARQ before using any Gym facilities. This is to help ensure that our employees and personal trainers are made aware of any pre-existing medical conditions before making any recommendations to you about your training.
13.2 We advise all Gym users to take medical advice prior to starting any exercise programme. The employees and personal trainers working at the Gym are not healthcare professionals and medical advice should always be sought if you have any concerns about your training.
13.3 You must abide by these Terms & Conditions and the Gym Rules at all times to help ensure your safety and the safety of others when at the Gym. If you have any concerns in relation to health and safety in the Gym, you should report these to a member of staff.
13.4 We recommend wearing suitable clothing and footwear whilst training within the gym.
13.5 You must exercise care, common sense and self preservation at all times.
13.6 Report any problems with the equipment or other members behaviour to a member of staff immediately.
13.7 Be aware of the other members around you and how your actions will affect them.
13.8 Make sure you have nothing on your person or in your pockets that may fall out whilst you are training or sliding on the pole. We encourage you not to distract people while they are sliding down the pole.
13.9 Stand well back from the pole whilst in use and never stand directly under someone who is sliding down.
14. PERSONAL TRAINING
14.1 The Personal Trainers (“PT”) that operate within Gym are self-employed, independent freelance trainers and are not employed by us. If you choose to use a PT, you are entering into an agreement with the PT alone and not with us.
15. PERSONAL INFORMATION
15.1 We take responsibility for looking after our Members’ personal information very seriously.
15.2 Any personal information, including any health information you give us will be processed in line with current data protection laws.
15.4 You are responsible for advising us of any changes to your personal information to ensure our records are kept up to date.
16. LIMITATION OF LIABILITY
16.1 We limit our liability for the following:
16.1.1 We are not responsible if you exercise at our Gym against medical advice or without seeking medical advice. You should consult a medical professional before starting any exercise programme.
16.1.2 We are not liable to pay you compensation for any loss or damage suffered as a result of:- 1. any loss or damage that is your fault, the fault of another Guest, or the fault someone who is not an employee of Fitness Factory Leicester; 2. an event which could not have been reasonably foreseen by us; 3. any loss of damage to your property on our premises; and 4. any of our equipment or services not being available to use where this is due to health and safety reasons or if this is for the benefit of our Members, unless we have failed to carry out our duties under these Terms & Conditions to a reasonable standard or we have breached our legal duties.
16.1.3 Subject to paragraph 4 below, our total liability to you for any one event or series of related events arising under or in connection with these Terms & Conditions shall not exceed the sum of 150% of the total amount paid by you for your membership in the 12 months preceding the incident. 4. Nothing in these Terms & Conditions shall limit or exclude our liability where we are at fault for: 1. death or personal injury caused by its negligence, or the negligence of its personnel or agents; 2. fraud or fraudulent misrepresentation; or 3. any other liability which cannot be limited or excluded by applicable law.
17. GENERAL TERMS
17.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end your Membership within one month of us telling you about it and we will refund you in accordance with Section 7 (Cancelling Your Membership) above. For example, if we tell you that we are transferring your Membership to another organisation on 1 May, you have until 1 June to tell us that you are not happy with the transfer and that you wish to end your Membership. Otherwise, your Membership will be transferred automatically.
17.2 The legal agreement based on these Terms and Conditions is between you and us. No other person shall have any rights to enforce any of its terms.
17.3 Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections and paragraphs will remain in full force and effect.
17.4 If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide you with access to the Gym, we can still require you to make the payment at a later date.
17.5 These Terms and Conditions are governed by British law and you can bring legal proceedings in respect of your Membership in the British courts.
18.1 CLUBRIGHT will be assuming the role of “Processor” with regard to the personal data that Fitness Factory Leicester LTD processes of European data subjects