These Terms and Conditions are the standard terms which apply:
- to provision to, and use by, Members and other users of any facilities and services provided by the Gym, namely HIT35 BOOTCAMP LTD a company registered in England and Wales (Company number 11836956).
- where the Member and any other user of the facilities or services of the Gym is a “consumer” as defined by the Consumer Rights Act 2015.
1. Definitions and Interpretation
- 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- — “Business”: means any business, trade, craft, or profession carried on by You or any user of the gym or any other person/organisation
- — “Consumer”: means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual Member or user of the Gym who receives or uses any facilities or services of the Gym for the Member’s or user’s personal use and for purposes wholly or mainly outside the purposes of any Business;
- — “Gym/We/Us/Our”: means HIT35 BOOTCAMP LTD and includes all employees and agents of the Gym and reference to the Gym shall include reference to any and all facilities and services provided by it;
- — “Member/You/Your”: means an individual who is who is a Consumer and whose application for membership of the Gym has been accepted by Us, and they will be a Member thereafter for as long as they remain a Member as provided by these Terms and Conditions;
- — “Membership”: means membership of the Gym;
- — “Membership Fees”: means the fee(s) due for Membership;
- — “Membership Plan”: means any minimum period of Membership at any of the different grades of Membership;
- — “Month”: means a Membership billing period (which is not necessarily a calendar month); and
- — “Regulations”: means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- 1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
- — 1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time; and
- — 1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions.
- 1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect on the interpretation of these Terms and Conditions.
- 1.4 Words signifying the singular number shall include the plural and vice versa.
- 2.1 In order for anyone to use the Gym they must have an active Membership or Our express permission.
- 2.2 You will become a Member of the Gym only if and when We accept Your application and You have paid the Membership Fee for the first month of Your Membership. Our decision whether or not to accept Your application is in Our absolute discretion.
- 2.3 Upon Our acceptance of Your application and Your payment of the initial Membership Fee there will be a contract between You and Us on these Terms and Conditions.
- 2.4 Your Membership will be in accordance with Your Membership Plan, and Your use of the Gym must always be in accordance with Your Membership Plan.
- 2.5 Details of available Membership Plans are contained within the attached Schedule.
- 2.6 You may choose any one of these Membership Plans in Your application to join the Gym. Please refer to the attached Schedule for details on Membership Plans.
- 2.7 You may upgrade Your Membership Plans at any time and We will increase Your Membership Fees accordingly.
- 2.8 If You choose a new Membership Plan, it will replace Your original Membership Plan. Alterations to your Membership plan must be submitted prior to your payment date.
- 2.9 Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause 2.9, and they will be in addition to the rights given to You by sub-Clause 2.10. You may for any reason cancel Your Membership up until expiry of 14 days after the date when We accept Your application for Membership but if We begin to provide You with any facilities or services before the end of that period, and You have expressly requested Us to begin them before that end of that period, You may not cancel those particular facilities or services provided in that period once We begin to provide them, and You must pay for an amount of the Membership fee as is proportionate to the period of time over which You were provided with the requested facilities or services. If You cancel as allowed by this Sub-clause 2.9, and You have already made any payments to Us under Clause 3, We will refund the payment(s) to You within 30 days of receiving Your cancellation less the amount due for the particular facilities or services requested which We have provided in that period. If You request that Your Membership be cancelled, You must confirm this in writing, via email to email@example.com. If You wish to cancel Your Membership in other circumstances, please refer to the following sub-Clauses for those other circumstances in which You may do so.
- 2.10 In addition to Your rights to cancel under the Regulations (as set out in sub-Clause 2.9 above) You may cancel Your Membership by giving at least 30 days prior written notice, via email to firstname.lastname@example.org.
- 2.11 You may suspend Your Membership if You are advised by a medical professional not to train due to illness or injury. If You wish to suspend Your Membership You should inform Us of the suspension prior to the billing date from which You wish the suspension to take effect. We may put Your Personal Training Membership on hold in the event that You are going on holiday, provided that We are notified as soon as possible, this is at Our absolute discretion.
- 2.12 We will require a medical certificate, doctor’s note or similar proof of illness or other reason for suspension under sub-Clause 2.11. Any illness or injury that does not completely prevent you from training will not qualify You for suspension of Your Membership.
- 2.13 Periods of suspension under sub-Clause 2.11 and shall not form part of the minimum period (1 month) of Your Membership.
- 2.14 Your Membership cannot be transferred to another person. You cannot transfer remaining credit sessions to another person.
3. Membership Fees and Payment
- 3.1 Membership Fees are payable on a Monthly basis.
- 3.2 Membership Fees may be paid via the card details provided by You and will be charged on the same date as the date of Your subscription.
- 3.3 The minimum number of Membership Fee payments required shall be determined by the Membership Plan.
- 3.4 Subject to suspension of Your Membership under sub-Clause 2.11, You must pay Membership Fees throughout Your Membership irrespective of Your non-use of the Gym.
- 3.5 If You fail to pay any Membership Fee on time due to insufficient funds, You must pay Us a late payment charge of £1.00 to cover charges faced by Us.
- 3.6 We may deny You access to the Gym whilst any Membership Fees payable by You or other sums are due and remain outstanding.
- 3.7 If Your Membership Fees are not paid for a period of more than 3 months, We may refer the matter to a third party debt collection company.
- 3.8 We may increase Membership Fees in accordance with inflation, or at our absolute discretion. When We do so, We will give you sufficient notice, so that you can cancel your Membership prior to the increase taking effect.
4. Gym Rules
- 4.1 We only make Membership available to a “Consumer” (as defined in Clause 1 above), and Your application to become a Member will be deemed to be Your confirmation that You are a “Consumer”. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your Membership forthwith by giving You a cancellation notice provided that We refund any Membership fees to You paid to Us for any period after the date of cancellation.
- 4.2 You must abide by these Terms and Conditions at all times when You use the Gym. If You do not, We will be entitled to suspend or terminate Your Membership. Further, We may suspend or terminate your Membership at any time if, in Our absolute discretion, it appears to Us that you are no longer a fit and proper person to be a Member of our Gym and its community, or if you place the health and safety of our Members, staff or guests at risk.
- 4.3 Any attempt to poach clients from Us, our affiliates, or associated businesses, will result in the immediate termination of Your Membership. In determining whether You have attempted to poach clients, our determination will be final.
- 4.4 You are responsible for Your own state of health, physical condition and wellbeing at all times. The required physical exertion may be strenuous and cause physical injury. You acknowledge that you are fully aware of the risks and hazards involved. You acknowledge that you have been advised to consult with a doctor prior to and regarding your participation in the classes, if you have any doubt about your ability to safely do so.
- 4.5 You may only use the equipment and facilities provided by the Gym in the correct manner and must not use them in any manner which constitutes a health and safety risk either to You or to others.
- 4.6 You should not attempt to use any equipment or facilities until a suitably qualified instructor has instructed You in the correct use of the same.
- 4.7 If You have any medical condition or are taking any medication which may affect Your ability to exercise or use any equipment or facilities provided by the Gym in any way, You must inform Us of it and act in accordance with any instructions provided by Us as a result.
- 4.8 You should not use the Gym when under the influence of alcohol or illegal drugs.
- 4.9 You should not use the Gym immediately following a heavy meal.
- 4.10 You should dress appropriately when using the Gym.
5. Equipment and Facilities
- 5.1 We have all equipment inspected, tested and maintained.
- 5.2 If You become aware of any damaged or defective equipment You should immediately cease using such equipment and inform a member of Our staff.
- 5.3 We may withdraw Equipment at any time and for any reason including, but not limited to, maintenance, repair and alteration.
6. Car Parking Facilities
- 6.1 Car parking facilities near the Gym are used at your own risk and discretion.
- 7.1 Some classes are restricted to those who have completed necessary prerequisite programs. You will be advised about this as appropriate.
- 7.2 You must book in advance to attend any class, workshop or similar event provided by Us. No priority is given and places are allocated on a first-come-first-served basis.
- 7.3 If a class requires the payment of an additional fee over and above the Membership Fee, You must pay it at the time of booking.
- 7.4 When You attend a class, please endeavour to arrive on time for the scheduled class. If You arrive late for a scheduled session, You will not receive this time back. We are not obliged to allow another Member to take up Your place if you are late to a class, but We may in Our discretion allow them to do so, and, if We do so, We will refund You any additional fee You have paid for that class.
- 7.5 Should You wish to cancel a Group Class booking or Personal Training session, You must do so at least 2 hours in advance of the booking time. Should You wish to cancel a Personal Training booking, You must do so at least 16 hours in advance of the booking time. Any class cancelled outside of these windows will be forfeited and subject to potential fees in Clause 7.6.
- 7.6 If You fail to attend a Class that you have booked in accordance with Your Membership, We reserve the right to charge a fee of £5.00. Exceptional circumstances will be taken into account but this is at Our absolute discretion.
8. Limit of Liability
- 8.1 Nothing in this clause is intended to extend our liability beyond that imposed by the statutes or common law of England and Wales.
- 8.2 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.
- 8.3 We only provide or sell all facilities and/or services to You as a Consumer for Your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that We provide or sell are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- 8.4 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or subcontractors); or for fraud or fraudulent misrepresentation.
- 8.5 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
- — 8.5.1 the Consumer Rights Act 2015;
- — 8.5.2 the Regulations;
- — 8.5.3 the Consumer Protection Act 1987; or
- — 8.5.4 any other consumer protection legislation as that legislation is amended from time to time.
- — For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
9. Changes to Terms and Conditions
- We may, from time to time, change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
10. How We Use Your Personal Information (Data Protection)
- 10.2 By agreeing to these Terms and Conditions, You agree to allow Us to take videos and photographs of You that may be used for promotional purposes.
- We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your application for Membership) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your application for Membership. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
12. Information – As required by the Regulations:
- 12.1 all of the information described in Clause 11; and
- 12.2 any other information which We give to You about any Membership, facilities, services or the Gym which You take into account when deciding to make an application for Membership or when making any other decision about the facilities or services
- will be part of the terms of Our contract with You as a Consumer.
13. No Waiver
- No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
- If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
15. Law and Jurisdiction
- 15.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
- 15.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- 15.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England & Wales.