Please read these Terms & Conditions carefully.
A reference to this "website" is to websites owned and/or operated by Group Fitness including but not limited to the information, text, images, links, graphics and video sequences displayed therein (the "Materials").
Current Group Fitness members and website users, by accessing this website and any web pages thereof, agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this website or any web pages thereof, Group Fitness members who do not agree must confirm via email there wish to cancel membership.
- Management reserve the right to change rules, terms and conditions of the club without prior notice.
- Management reserve the right to change fees and payments for the good and benefit of Group Fitness.
- Membership cards remain the property of Group Fitness and all members will be required to show cards on each and every visit.
- Student memberships will be verified at the club and full time student ID must be provided on attendance.
- Members will conduct themselves in a quiet, well mannered fashion at all times.
- Members who appear intoxicated will be refused entry.
- The management reserve the right to refuse entry at all times and to terminate memberships with immediate effect.
- Members expelled will forfeit all privileges of membership.
- Any complaints unresolved at the time of incident will be referred to and dealt with by the manager.
- Group Fitness shall be entitled to make alterations, carry out repairs or maintenance without prior notice, though the course, every consideration will be made to minimise inconvenience.
- Group Fitness shall not be responsible for the personal belongings of the members or visitors.
- The club reserves the right to amend the terms & conditions from time to time.
- Members can only suspend, amend or cancel their membership once written notification has been accepted.
- Members must be a named account holder of the Credit/Debit account to be debited and be the only person required to authorise debits.
1. No Warranty for the Website and/or the Materials
1.1 This website and the Materials are provided "as is", "as available". Group Fitness does not warrant the accuracy, adequacy or completeness of this website and/or the Materials and expressly disclaims liability for errors or omissions in the Materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, is given in conjunction with the Materials and/or this website.
1.2 Group Fitness does not warrant that any of the Materials or that this website will be provided uninterrupted or free from errors or that any identified faults will be corrected; further, no warranty is given that this website and the Materials are free from any computer virus or other malicious, destructive or corrupting code/programme.
2. Intellectual Property
2.1 The copyright on this website is owned by Group Fitness.
3. Contributions to Group Fitness
By submitting content, ideas, suggestions, documents, and/or proposals ("Contributions") to Group Fitness through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Group Fitness is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Group Fitness shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) your Contributions automatically become the property of Group Fitness without any obligation of Group Fitness to you; and (e) you are not entitled to any compensation or reimbursement of any kind from Group Fitness under any circumstances; (f) you should not submit any information and/or other materials which are or may be offensive, abusive, illegal or which may not be lawfully disseminated under law.
4. Restriction of Liability
4.1 Subject to paragraph 16, Group Fitness will not accept liability for any loss, damage to or theft of money, valuables or other personal property of members and guests. Property stored in lockers provided by Group Fitness is stored at the owner's risk and no liability for loss or damage thereto will be accepted by Group Fitness.
4.2 Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.
4.3 Group Fitness accepts liability for damage, accident, death, personal injury or other loss sustained by members or guests on Group Fitness premises to the extent caused by its negligence or the negligence of its employees and agents (during the course of their employment and agency, as appropriate) unless that failure is attributable to:
- Your own fault
- A third party unconnected with our provision of services under this agreement or
- Events which neither we nor our supplier could have foreseen or forestalled even if we had taken all reasonable care.
5. Member Rewards Scheme
Group Fitness may operate a referral scheme whereby you will receive a financial benefit for introducing new members to Group Fitness.
5.1 If the member you introduce joins on a Direct Debit membership, you will receive the benefit monthly (in arrears and after the first Direct Debit payment has been made by the referred member) against your account or your monthly Direct Debit fee, with the following conditions:
- You will only receive this benefit if your membership, and that of the referred member, are both current.
- You will only receive this benefit if the referred member 's membership is not suspended.
- The amount you benefit is fixed at the time of the referred member joining Group Fitness. This will only change if the member you refer changes their type of membership, in which case the benefit you receive may be increased or reduced accordingly.
- Group Fitness may set a limit as to the number of members you are able to refer.
5.2 If the member you refer joins on an annual membership, you will receive the benefit due against your account or your monthly Direct Debit fee as one lump sum upon the referred member joining Group Fitness.
6. Suspension of Membership
A Member may, if he/she is unable to make use of Group Fitness facilities by reason of illness or injury, suspend his/her membership for one continuous period of at least 1 month and a maximum of 3 months. 30 days written notice must be given to Group Fitness and Group Fitness shall have the right to request a doctor's certificate. A reduced monthly fee will be charged by Group Fitness during the suspension of membership.
Any suspension during the Commitment Period will extend the length of the Commitment Period by the length of the period your membership is put on hold. Notice to terminate membership cannot run concurrently with a suspension period.
7.1 Termination by Group Fitness
We may terminate this agreement in the following circumstances:
- If you commit a serious or repeated breach of this agreement or the Group Fitness’ rules of membership and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice;
- If any part of your membership fee remains unpaid 30 days after its due date for payment, or
- If you provide us with details which you know to be false when applying for membership and the false declaration would have reasonably affected our decision to grant you membership. If we terminate for any of these reasons, we reserve the right to retain a proportion of the money paid under this agreement, to cover any reasonable costs incurred.
7.2 Termination by you
You may terminate this agreement in the following circumstances:
- You can give notice to terminate at any point during the Commitment Period but this cannot end your membership before the end of the Commitment Period.
- You may terminate your membership by giving Group Fitness at least 1 full calendar month's notice, so that your membership will terminate at the end of the following calendar month after notice was given.
- Cancelling your direct debit instruction for the payment of fees is not sufficient.
- You may terminate this agreement on 1 calendar month’s notice if you are unable to use Group Fitness through serious illness or injury likely to preclude you from using Group Fitness for a period of least 6 calendar months. (We will request reasonable evidence of your illness or injury - e.g. a doctor’s certificate).
- You may also terminate this agreement if:
- We permanently reduce the facilities or opening hours of Group Fitness
- We change the location of Group Fitness; or
- We close Group Fitness for refurbishment for a period of more than 30 days at a time.
8. Membership Cards
8.1 Membership cards shall be issued to all members upon joining Group Fitness and are used to gain entry to Group Fitness. Membership cards are not transferable and any members allowing their card to be used by another person is in serious breach of these Membership Terms and Conditions and will entitle Group Fitness to terminate membership without notice in accordance with Clause 7 above.
8.2 If a membership card is lost, it should be reported to Group Fitness and Group Fitness reserves the right to charge an administration fee for the provision of a replacement membership card.
9. Club Rules
9.1 Group Fitness may amend the Club Rules from time to time in order to ensure the health and safety of members. Temporary amendments will be displayed in Group Fitness. Permanent changes to the Club Rules will only be made after at least 30 days notice to members, except in the case of emergency.
9.2 Group Fitness reserves the right to adjust the availability of certain facilities or close Group Fitness on a temporary basis for the general purpose of cleaning, decorating, essential repairs, maintenance of equipment, special functions and holidays.
We strongly recommend that you obtain your doctor's consent prior to exercise, and undertake an induction programme prior to using the facilities. To ensure maximum physical fitness to you and to increase your safety within the fitness club, we strongly recommend that you undertake the supervised induction whatever your physical condition.
11. Third Parties Rights
No person shall have any right pursuant to the Contracts (Right of Third Parties) Act 2001 to enforce any of the above terms and conditions. The reference to a person, in this clause includes any individual, company, corporation, firm, partnership, joint venture, association, organisation, trust, state or agency of a state (in each case, whether or not having separate legal personality).
You fully agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third-party beneficiaries to this agreement.
12. Membership Confirmation
You will receive confirmation online and by email of your membership upon submitting our Join now application form.
Please call us on 01773 711446 or email us at firstname.lastname@example.org if you have any problems.
13. Proof of ID
We require proof of ID to accept memberships. Your Full Name must match your proof of ID details. Student memberships will be verified at the club and full time student ID must be provided on attendance.
14. Credit/Debit Card Payment Details and Payments Guarantee
You warrant, declare and acknowledge that:
- The information given by you in entering this agreement is correct and will be relied upon by us.
- To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well being or physical condition. Further, that you will advise us immediately should your circumstances change.
- You have read this agreement, before accepting them on our join online page.
- This agreement will become binding upon both parties.
- All payments are made using a Direct Debit system, and we setup a monthly Direct Debit on your behalf to collect payments.
- If an error is made by Group Fitness or your Bank or Building Society you are guaranteed a full and immediate refund from your branch of the amount paid.
- Please note only British bank accounts are acceptable for Credit/Debit card payments.
15. Health & Safety
Members must read all Health and Safety notices displayed in Group Fitness and comply with their recommendations.
16. Sale of Group Fitness
In the event of the sale or disposal of Group Fitness to another company or to any other person we may transfer your membership to the new owner and you will continue as a member of Group Fitness and continue to pay your membership fees provided no changes to these terms or Group Fitness rules having a material adverse effect on your use of Group Fitness are made by the new owner. Any such disposal will not affect your contractual or statutory rights.
Notices from you to Group Fitness must be in writing and addressed to the general manager at Group Fitness. Group Fitness reserves the right to require evidence of posting or delivery where it has no record of receipt or the date of any notice appears inconsistent with the date of receipt. In these cases the notice will be deemed not given unless such evidence is produced. Any notice handed to Group Fitness must be receipted. Notices from Group Fitness to you will be posted to you at your address in the membership records (or, where these terms permit, displayed on notice boards at Group Fitness).
Last updated on the 29th of October 2013.