MEMBERSHIP TERMS & CONDITIONS
This agreement is an agreement between you, us and Harlands Services Ltd (“Harlands”). This agreement commences once you have indicated your acceptance in the Declaration section of this web sign up process.
- You cannot transfer this agreement to anyone else
- This is an Agreement between you (the Member), and The Gym Club Bridgnorth
- By completing the joining process on our website or in club and becoming a Member of The Gym Club Bridgnorth, you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.
- Gym Club Rules: the rules governing your conduct as set out on our website at: https://www.thegymclub.com/club-rules/
Starting your Membership
1. Our joining process is an online process this can be done from home or in club reception. Full membership prices and options can be found on our website (https://www.thegymclub.com/prices/), to be selected by you as part of the joining process. By completing the online joining process and becoming a Member of The Gym Club Bridgnorth, you are accepting all the terms and conditions in this Membership Agreement (insofar as they are applicable). You should only join if you have read them and accept them.
2. This Membership Agreement starts once you have accepted the terms during the online joining process. By accepting the terms, you are agreeing to pay any applicable Joining Fee, Membership Amount and Monthly Membership Amount.
3. You agree to comply with the Gym Club Bridgnorth Membership Rules, and you agree to use the gym facilities and equipment in the proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury you suffer through the incorrect use of our equipment or facilities.
4. You confirm that you are at least 16 years old.
5. You will be liable for any damage caused to our equipment or facilities through your negligent use.
6.You agree to tell us immediately of any changes to your personal details, including contact information; this should be done in the online Member Area, or you can do this in person at reception.
Member health agreement declaration
You warrant, declare and acknowledge that:
The information given by you in entering this agreement is correct and will be relied upon by us.
Our staff, agents and subcontractors are not medically trained, and should you have any concerns with your health and fitness you should seek independent medical advice before engaging in any physical activity on our premises. All health information given at time of joining is correct.
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 health or vulnerability to injury change.
You are primarily responsible for your health and wellbeing, but we at The Gym Club Bridgnorth are concerned that you enjoy our facilities safely. To that end we consider that we should expect the following of each other.
• Whilst we will respect your decision over your training regime, we reserve the right to ask you not to exercise beyond what we reasonably believe to be your personal ability.
• We shall endeavour to maintain a safe environment for you to enjoy your exercise.
• We shall endeavour to ensure that our fitness trainers and staff are qualified to fitness industry standards.
• We shall always keep confidential any information that you give us regarding your health.
If you are a wheelchair or disabled user, we require you to have an induction to ensure your safe use of our facilities and equipment.
Using the gym
You are entitled to access and to use the gym defined by your Membership until termination or suspension of that Membership pursuant to this Agreement.
We will make reasonable endeavours to communicate to you in advance if we are unable to make available to you the rights and privileges of Membership.
DIRECT DEBIT FEES AND CHARGES
- The first month’s membership fees are collected from you by us either by Debit / Credit card at time of purchase
- If you are looking to upgrade your membership there may be an admin fee charged at the point at which you upgrade.
- Your second payment for monthly membership fees only will be collected one month after you joined. Subsequent Direct Debits for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.
- Missed payment: pay Harlands on demand an administration fee of £25. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your membership, upon having given you written notice of our intention to do so. We may present an option to reduce the administration fee if the outstanding amount is paid online within 7 days of becoming due. and (ii) any and all further reasonable costs incurred by Harlands in recovering the due fees and charges from you, including costs in tracing you if you have changed your address without telling us. Harlands’ right to recover these fees and costs shall be in addition to and without limitation of our rights or those of Harlands which may exist notwithstanding the terms of our Agreement.
- If you fail to pay any amount due under this agreement for a period of more than thirty days, then we or Harlands may pass the debt to a third party company for collection. In addition to any costs and charges Harlands may be entitled to, the reasonable and direct costs incurred in employing the third party company will be borne by you, including costs in tracing you if you have changed your address without telling us.
- You agree to advise us immediately of any change to the Members Details provided.
- Your membership can be on ‘freeze’ for a maximum of 3 months after which your membership will automatically be un-frozen and will revert to your monthly rate. Freeze will start from your payment date. Please be aware this must be actioned at least 7 working days prior to your payment date. (This can only be extended with written permission from The Gym Clun Bridgnorth management due to ill health or injury.)
DIRECT DEBIT PRICES
- From time to time we may need to increase the price of membership. We will give you at least 1 full months’ notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice, then the price of your membership will be increased in accordance with our notice.
MONTHLY DIRECT DEBIT MEMBERSHIPS
- You may terminate your membership at any point by cancelling your membership by ringing Harlands directly on 01444 449166, emailing email@example.com or by enquiring at the front desk in reception, no less than 7 ‘working’ days before your next direct debit is due.
- We only accept written cancellation requests.
- In the above circumstances your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.
- I f you cancel your direct debit without cancelling your membership, access may be revoked.
MONEY BACK GUARANTEE
- As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of completing your membership application form. However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you select to commence your membership immediately, or you ask us to start your membership early, you agree that if you subsequently cancel your membership within the 14 day period, you will be refunded any monies paid, less an amount for the membership you have already used commencing from the first day after joining.
- If you have used the service before requesting to cancel then we will reduce your membership fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested.
- The Joining Fee / Initial Payment is due and payable immediately on execution of the agreement and is not refundable other than in the event of breach or negligence by us or on the valid exercise of your statutory cancellation rights.
- You agree to maintain a Direct Debit instruction with your bank (or recurring international Credit Card payment for overseas members) for the Monthly Membership Amount. Your first Monthly Membership Amount is due on the date you sign up for a membership and subsequent Monthly Membership payments will be due on the same day of each month until your Membership is cancelled.
- Your obligations to Harlands include payment of the Direct Debit Payment Amount. You are obligated to make the “Minimum No. of Direct Debit Payments” stated with the first one being paid on the 1st Payment Date and then every month thereafter. You are obligated to make every Direct Debit Payment regardless of non attendance, except where the Agreement is cancelled in accordance with the cancellation terms or under your statutory cancellation rights.
- Once you have completed the Minimum No. of Direct Debit Payments we will automatically continue collecting the Direct Debit Payment Amount every month. Your membership will be extended by one month for each payment (“Renewal Period”).
- You may prevent the Automatic Renewal at any time by giving notice to Harlands directly, in writing to firstname.lastname@example.org, or asking for a cancellation form in club reception (you should give us no less than 7 ‘working’ days notice). When the final minimum period payment has been taken you should also cancel your Direct Debit mandate directly with your bank.
- We reserve the right, at our discretion, to change your Monthly Membership Amount fee. If this happens we’ll notify you by email not less than 1 month before the change is made. You are able to cancel your membership within this period, and if we don’t hear from you within the period the new Monthly Membership Amount fee will apply automatically.
- You agree to pay us the Monthly Membership Amount regardless of whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason no refunds will be due.
- You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen, subject to your timely payment of the fees and charges set out below and the successful processing of your direct debit instruction.
- If any payment due from you is returned unpaid or not honoured, you will pay Harlands on demand an Administration Fee of £25.
CHANGING YOUR MEMBERSHIP
- When your Membership is frozen, your PIN number will be deactivated.
- If you wish to unfreeze your membership before your direct debit date, you will need to make a payment for the following month to reactivate your PIN.
- If you have a discounted Membership and your Membership is terminated, you will waive the right to the discount and pay the advertised Membership Amount or Monthly Membership Amount if you later choose to re-join The Gym Club Bridgnorth.
PIN ABUSE POLICY
- Your PIN can only be used by you: Your PIN is issued solely for your use, as your membership is personal to you and only covers your use of a gym. You are responsible for keeping your PIN confidential at all times.
- Use of PIN numbers is monitored: In the interests of the safety and security of all our members, use of PIN numbers and access is monitored and individuals using PIN may be asked to provide proof of identification.
- What we will do if we think your PIN has been misused:
Should we believe that your PIN has been used by another individual or individuals we may (at our discretion) decide to conduct an investigation. If we do so we will: (a) inform you, via email, that we believe your PIN has been used by another individual or individuals and we may ask you to provide us with reasonable assistance to investigate the matter; and will change your PIN.
If your PIN is misused again, we will change your PIN and ask you to change the password on your member account.
If your PIN is misused for a third time and we believe that you are providing your number to another individual your membership will be terminated.
- Our Right to make additional charges and/or cancel your membership: If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your PIN number was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have : (a) to apply a penalty charge to your membership fees (and increase your direct debit payment(s) accordingly). The penalty charge will be calculated as being equal to the daily membership charge (that applied at the time of use) for each occasion on which your PIN number was used by that individual/those individuals; and/or (b) in the event of serious misuse of your PIN number, for example, your PIN number has been used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your membership with immediate effect, and no refunds will be given.
- Your responsibility for another’s conduct: If we have reasonable grounds for believing that you knowingly provided your PIN to another individual or individuals, or allowed unauthorised entry following your entry to the gym (Known as tailgating) in addition to our rights referred to in paragraph 4 above, we may hold you responsible for the conduct of the individual(s) while on our gym premises, and liable for any loss we suffer as a consequence of that conduct.
ENDING YOUR MEMBERSHIP
- You have the right to cancel this Agreement within 14 days from the start of the Agreement without giving any reason, but you must let us know you wish to do so within the 14-day period. You may email us at email@example.com using the email that you used during the joining process and the unique personal identification number (PIN) or membership number (that you were sent), or you may use the cancellation form in person within the gym. We only accept written cancellation requests.
- In case of dispute you must show that you cancelled the Agreement in accordance with the cancellation terms, but for these purposes it will be sufficient to show that you sent your communication concerning your exercise of the right to cancel before the cancellation period had expired.
- If you cancel your Membership within the 14-day period, proportionate charges will be due. We will refund to you any Joining Fee, Membership Amount and Monthly Membership Amount you have paid us, but the refunded amount will be reduced by an amount in proportion to the number of days between the start of your Membership and the date you communicated to us that you wanted to cancel. Refunds will be made no later than 14 days after the day on which we were informed about your decision to cancel and will be made using the same means of payment you used for the initial transaction.
- After the 14-day cancellation period you may terminate your Membership at any time by cancelling your membership directly with Harlands, emailing into firstname.lastname@example.org or by requesting a cancellation form at gym reception. No refunds will be given for unused billing periods.
- If you cancel your direct debit with your bank and do not contact either Harlands or the Gym Club to terminate your membership, access my be revoked.
- We will terminate this Agreement and your Membership with immediate effect if you do not pay any applicable Membership Amount or Monthly Membership Amount when it falls due.
- We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of the Gym Membership Rules. In this event you will no longer be able to access any of our facilities and we will not give any refund.
- If we do not terminate your Membership if you breach any of the Gym Membership Rules, or if we give you extra time to pay Monthly Membership Amount when it falls due, that will not prevent us from subsequently enforcing the terms of this Agreement.
- We may assign the benefit of this Agreement and our rights to a third party provided we give you notice and your rights under this Agreement will not be prejudiced.
- We consider the safety of our members and our staff to be paramount. We reserve the right to refuse any application for Membership or terminate an existing Membership where we consider that that Membership may pose a risk to the health and/or safety of other members or staff. If this happens, we will notify you of this and refund all unused Monthly Membership Amount.
- Breach: This agreement can be cancelled if we are in breach of contract including if we do not provide facilities or services you may reasonably expect and we have fallen well below that standard.
GENERAL TERMS & CONDITIONS
- You agree to comply with the Rules of Membership which are displayed in club reception and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided that we give you advance notice of the change.
- There may be occasions where we have to close all, or part of, the gym of which you are a member. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency. We will use all commercially reasonable endeavours to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.
- There may be occasions where we have to cancel or change a class. We will do our best to let you know of such changes in advance of them taking place, unless the problem is urgent or an emergency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control.
- We will not be liable or responsible for outstanding monies paid to a Personal Trainer. Personal Training is arranged directly with the PT and not with The Gym Club Bridgnorth.
- As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
- This agreement is governed by English Law.
- We may terminate this agreement with immediate effect on notifying you if you are in breach of the Clubs Rules.
- 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, wellbeing or physical condition. Further, that you will advise us immediately should your circumstances change.
- Personal Training Sessions: sessions booked by you directly with an independent self-employed trainer which do not form part of this agreement and are not provided by The Gym Club Bridgnorth and are subject to a separate agreement between you and the individual.
- We may, with reasonable notice and at our discretion, close our premises for reasonable periods of time to carry out maintenance, repairs, refurbishment, cleaning or for other reasons outside of our control, including at least 2 days a year for necessary maintenance or other work. We will endeavour to reopen facilities as soon as is reasonably possible in these circumstances. You agree that you will not be eligible for any refund for the temporary interruption in services during the period.
INFORMATION ABOUT US
- If you have any questions or if you have any complaints, please contact us. You can contact us by e-mailing us at email@example.com
- If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing you can send this to us by e-mail to The Gym Club Bridgnorth at firstname.lastname@example.org We will confirm receipt of this by contacting you by email.
YOUR PERSONAL INFORMATION
MANAGING YOUR PERMISSIONS AND DATA
- Membr will securely store personal data including membership information which is available at: https://membr.com/privacy-policy/
- Personal Training Sessions do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any agreement for “additional services”, you are entering into an agreement with those individuals and not with us.
- We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing the “additional services” which are specifically excluded from the Membership Agreement and We do not accept any responsibility for the same save where precluded by law.
- We may provide induction services or personal reviews of your training needs. Such services are provided without additional charge.
- Only you, the person named in the online joining process, can benefit from this Agreement.
- If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.
- The Gym Club Bridgnorth, employees and subcontractors are not liable for any loss, damage or theft of any of your property that you bring onto any of our premises. If such loss, damage or theft is caused by the negligent acts or omissions of The Gym Club Bridgnorth or its agents, employees or subcontractors, our liability to you will be limited to £500.
- We may make reasonable changes to the Gym Membership Rules and the Membership Agreement at any time. It is your responsibility to check online at regular intervals for changes to these documents.
- This Agreement is governed by the law of England and Wales.
- You should print a copy of this Agreement for future reference.
- We will do our best to resolve any disputes over this agreement. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant UK law will apply.
- If any part of this agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply
- We may terminate this agreement with immediate effect on notice to you if you are in breach of the Clubs Rules (i.e. Stealing or other criminal activities within the facility). In this event you will not be liable to pay any further Direct Debit Payments, provided such breach is not deemed by us to have occurred primarily in order to qualify you for a refund. Initial 14 days cancellation form (For use to cancel this agreement within the first 14 days from sign up without giving a reason
- The Gym Club Bridgnorth will keep all personal data in a relevant filing system according to the General Data Protection Regulation 2018.