Terms & Conditions
1.1 The Gym: TUFF V2.
1.2 The Gym Rules: The rules and regulations of the gym, as amended from time to time. A copy of the gym rules will be supplied to you on joining and further copies will be made available on request.
1.3 Commitment Period: The minimum term you are committing to remain a member of the gym from the Start Date to the commitment period end date (subject to extension if your membership is suspended).
2.1 By signing this Membership Application Form the member agrees to comply with these Terms and Conditions of Membership and the Gym Rules.
2.2 You will only be permitted to use the gym facilities provided your membership is current and fully paid up or you have made payment arrangements acceptable to the gym.
When you join the Gym you are agreeing to remain a member for the Commitment Period. If you choose to pay your membership fees monthly, your gym membership will continue automatically after the Commitment Period end date at the fee rate applicable to your membership type and category of membership at that date, but subject to termination in accordance with paragraph 7.2(b). If you choose to join the gym by paying your Commitment period membership fee in advance, your gym membership will terminate automatically on expiry of the Commitment Period.
The Gym will set the level of fees and will review such fees periodically. The Gym reserves the right to change the level of fees from time to time, but guarantees that your fees will not increase during your Commitment Period. For any changes to the monthly fee, we will give you at least 30 days written notice. The following fees prevail:
4.1 Membership fee; The level of membership fees shall be determined according to the type and category of membership.
4.2 Joining fee; A joining fee is payable as specified in your application form. Your joining fee goes to start up costs.
4.5 If your bank fails to make a due direct debit payment from your account, we will contact you to advise you of this. We may apply to your bank for payment by direct debit twice within one calendar month and we reserve the right to refer any missed due payments to a debt collection agency. We may charge a fee of no more than £15 for failed direct debit payments and of no more than £5 for letters sent to you in respect of unpaid amounts.
4.6 Should any membership fees not be paid within 30 days of the due date, the full membership fee for the remainder of the commitment period will automatically become due and payable in full.
4.7 Any unpaid and overdue membership fees referred to a Debt collection agency will be subject to a surcharge of no more than £50 to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred in the collection of the overdue membership fees will be the responsibility of the member and will be legally recoverable from the member.
4.8 We may appoint a payment processing agent to receive and collect your monthly or annual direct debit instalments and in respect of payments made by direct/credit card. There will be no extra cost to you for these processing services supplied by such agent.
4.9 We may charge a reasonable fee of up to £35 for transferring membership.
- Suspension of Membership:
A Member may, if he/she is unable to make use of the Gym 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 the Gym and the Gym shall have the right to request a doctor’s certificate. A reduced monthly fee will be charged by the Gym 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 the Gym
We may terminate this agreement in the following circumstances:
(a) if you commit a serious or repeated breach of this agreement or the Gym’s rules of membership and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice;
(b) If any part of your membership fee remains unpaid 30 days after its due date for payment, or
(c) 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:
(a) 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.
(b) You may terminate your membership by giving the Gym 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.
(c) Cancelling your direct debit instruction for the payment of fees is not sufficient.
(d) You may terminate this agreement on 1 calendar month’s notice if you are unable to use the Gym through serious illness or injury likely to preclude you from using the Gym for a period of least 6 calendar months. (We will request reasonable evidence of your illness or injury – e.g. doctor’s certificate).
(e) You may also terminate this agreement if:
a. We permanently reduce the facilities or opening hours of the Gym;
b. We change the location of the Gym; or
c. We close the Gym for refurbishment for a period of more than 30 days at a time.
(f) In the event that this agreement was made during a specific pre-sales period and you became a founder member, you are allowed to terminate this agreement as specified in 8.2 paragraph (b) within 28 days of the official Gym opening date.
We will use our reasonable endeavours to give you at least 45 days notice of the change (either in writing or by prominently displaying a sign in the Gym) and, if you wish to terminate your membership due to reasons stated above, you can give us 30 days notice in writing to terminate.
- Member App:
8.1 Members will be required to download our member app to access the gym via QR code. Membership QR codes are not transferable and any member allowing their QR code to be used by another person shall be in serious breach of these Membership Terms and Conditions and will entitle the Gym to terminate membership without notice and in accordance with Clause 7 above.
- Gym Rules:
9.1 The Gym may amend the Gym Rules from time to time in order to ensure the health and safety of members. Temporary amendments will be displayed in the Gym. Permanent changes to the Gym Rules will only be made after at least 30 days notice to members, except in the case of emergency.
9.2 The Gym reserves the right to adjust the availability of certain facilities or close the Gym on a temporary basis for the general purpose of cleaning, decorating, essential repairs, maintenance of equipment, special functions and holidays.
- Restriction of Liability:
10.1 Subject to paragraphs 10.2 and 10.3, the Gym 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 the Gym is stored at the owner’s risk and no liability for loss or damage thereto will be accepted by the Gym.
10.2 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.
10.3 The Gym accepts liability for damage, accident, death, personal injury or other loss sustained by members or guests on the Gym 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:
(a) Your own fault;
(b) A third party unconnected with our provision of services under this agreement; or
(c) Events which neither we nor our supplier could have foreseen or forestalled even if we had taken all reasonable care.
- Health & Safety:
Members must read all Health and Safety notices displayed in the Gym and comply with their recommendations.
- Sale of Gym:
In the event of the sale or disposal of the Gym 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 the Gym and continue to pay your membership fees provided no changes to these terms or the Gym rules having a material adverse effect on your use of the Gym are made by the new owner. Any such disposal will not affect your contractual or statutory rights.
Notices from you to the gym must be in writing and addressed to the general manager at the Gym. The Gym 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 the Gym must be receipted. Notices from the gym to you will be posted to you at your address in the membership records (or, where these terms permit, displayed on notice boards at the Gym).