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Terms and Conditions of Membership

GYM WAIVER

You understand that exercise and physical activity including the use of equipment is potentially hazardous. You understand that participating in physical activity may result in injury and possibly even death and that you choose voluntarily to take part in these activities. This includes the use of any resistance, or cardio equipment and you are fully aware of the risks involved.

You understand that Gym X Ltd maintain the highest possible standards of health and safety and before you enter the gym you will be asked to complete an online health declaration form to establish your current state of health before starting exercise. You understand that, depending on the answers you provide to the questions on the health declaration, you may need to seek medical advice before beginning any form of exercise and will not be granted access to GymX until a medical certificate is obtained. In addition to gym access being denied, if a medical certificate is required, you understand that your membership status will be temporary inactive.

You will assume responsibility for any minors under the age of 18 who accompany you whilst visiting GymX. You are responsible for advising GymX if your medical circumstances change during your membership term.

TERMS OF MEMBERSHIP

GYM MEMBERSHIP

Gym membership involves a commitment from you to pay your monthly subscription fees in advance by direct debit. Members agree that monthly membership fees will be paid each month in advance of GymX providing services pursuant to this agreement for the month of receipt of such membership fees. By using the Gym and/or paying membership fees you accept the above membership conditions as well as the full terms and conditions of GymX and will adhere to them accordingly. You are over 18 years of age. Agreement MUST be consented by Parent or Guardian if under 18yrs of age.

 

GROUP TRAINING MEMBERSHIP

Group training membership involves a commitment from you to pay your monthly subscription fees in advance by direct debit. Members agree that monthly membership fees will be paid each month in advance of GymX providing services pursuant to this agreement for the month of receipt of such membership fees. By using the gym and/or paying membership fees you accept the above membership conditions as well as the full terms and conditions of GymX and will adhere to them accordingly.  You are over 18 years of age. Agreement MUST be consented by Parent or Guardian if under 18yrs of age.

 

PERSONAL TRAINING MEMBERSHIP

Personal training membership involves a commitment from you to pay your monthly subscription fees in advance by direct debit. Members agree that monthly membership fees will be paid each month in advance of GymX providing services pursuant to this agreement for the month of receipt of such membership fees. By using the gym and/or paying membership fees you accept the above membership conditions as well as the full terms and conditions of GymX and will adhere to them accordingly.  You are over 18 years of age. Agreement MUST be consented by Parent or Guardian if under 18yrs of age.

GENERAL

GymX is the trading name of Gym X Ltd, a company incorporated in England and Wales with registered number 12103970. 

In these terms and conditions (‘you’ and ‘your’) means you the member, (‘we’ ‘us’ and ‘our’) means GymX.

All memberships are subject to: (1) these Terms and Conditions of Membership; (2) the General Terms and Conditions of Use of GymX facility; and (3) the rules and regulations issued by GymX from time to time. By agreeing to become a member of GymX, you accept and agree to comply with all terms, conditions, rules and regulations. These terms and conditions take precedence over any previous terms and conditions or any oral representations made.

MEMBERSHIP

We offer different types of gym membership (fees vary between membership types):

2.1 Gym Membership

2.2 Group Training Membership

 

2.3 Personal Training Membership

 

All memberships are sold on either a full access or restricted access basis.

2.1 GYM MEMBERSHIP

2.1.1 If you have a Gym Membership you will be committed to a minimum of 1 month after expiry of your minimum term.

2.1.2 Your membership fee must be paid in monthly instalments for a minimum of 1 month plus 28 days’ notice after expiry of your minimum term and the commitment period begins on your membership start date.

2.1.3 Monthly instalments are paid by direct debit, in advance of us providing the services for the month to which the payment relates.

 

2.1.4 If you cancel your direct debit during the minimum term, all unpaid monthly instalments that are due or to fall due during the minimum term shall become immediately due and payable by you.

2.1.5 If you want to cancel your Gym Membership on expiry of the minimum term (on the expiry of the 1 month period) you must give us one full month’s advance paid notice (Please see the terms regarding giving notice in clause 2.4 below).

 

2.1.6 If you want to cancel your Gym Membership after the expiry of the minimum term you must give us 28 days’ advance paid notice (Please see the terms regarding giving notice in clause 2.4 below) 

 

2.1.7 It is important for you to note that you cannot cancel or downgrade your Gym Membership to another form of membership during the minimum term, other than in the exceptional circumstances set out in these terms and conditions below.

2.2 GROUP TRAINING MEMBERSHIP

2.2.1 If you have a Group Training Membership you will be committed to a minimum 1-month term plus 28 days’ notice after expiry of your minimum term.

2.2.2 If you have a Group Training Membership you can terminate this at any time, upon 28 days’ advance paid notice. (Please see the terms regarding giving notice in clause 2.4 below).

2.2.3 Your membership fee must be paid monthly, by direct debit, in advance of us providing the services for the month to which the payment relates.

2.2.4 It is important for you to note that you cannot cancel or downgrade your Group Training Membership to another form of membership during the minimum 28 days paid notice period, other than in the exceptional circumstances set out in these terms and conditions below.

2.3 PERSONAL TRAINING MEMBERSHIP

 

2.3.1 If you have an Personal Training Membership you will be committed to and you must pay us in advance and in full, for the agreed 1 month minimum membership period.

 

2.3.2 It is important for you to note that you cannot cancel or downgrade your Personal Training Membership to another form of membership during the minimum 1 month period, other than in the exceptional circumstances set out in these terms and conditions below.

2.3.3 The following provisions do not apply to the 1-month minimum membership:

2.3.3.1     Clause 3.6 (Freezing Membership) and;

 

2.3.4 You cannot cancel a 1-month minimum membership; it will expire automatically without notice.

2.4 NOTICES

2.4.1 All memberships are calculated in whole calendar months. This means that if we ask you to give notice of one calendar month, and you give notice in that month, we will treat it as if we received it on the first day of the following month and the notice period will start from that day. (For example: notice to terminate a gym membership given on 14th June will be treated as starting on 1 July, and the membership will terminate on 31 July).

 

2.4.2 If we ask you to give 28 days’ paid notice, the 28 days’ notice period will start on the day the valid termination request is received. For example: if the termination notice is received 01 April, your membership will terminate on 29 April.

 

2.4.3 If you want to give us notice, such notice must be given by sending an email to the following email address: liam@gymx.training. It is your responsibility to ensure that all postal addresses and email addresses are correct.

2.4.4 Cancellation of your direct debit instruction is not accepted as a request to terminate your membership.

 

CHANGES

3.1 TERMS AND CONDITIONS

3.1.1 Subject to clause 3.1.2 we will give you at least 14 days’ notice, or less if it is not reasonably practicable to give 28 days’ notice, in respect of any change to your membership conditions.

3.1.2 We will give you at least 14 days’ notice, of any proposed price increase of your membership.

 

3.1.3 In the event that a material change or a price increase is made to your membership terms and conditions, you shall be entitled to terminate your membership by providing one full calendar months’ notice to us as outlined in 2.4.1, within fourteen days of receiving the notice of the material change or the price increase.

3.2 CANCELLING OR CHANGING YOUR MEMBERSHIP

3.2.1 Subject to the provisions of this clause you cannot cancel or downgrade your membership during its minimum term. The minimum term for each membership is set out above.

3.2.2 You may only cancel or change your membership to another type during its minimum term if the following exceptional circumstances apply:

(i) You suffer a long-term illness or injury;

(ii) You become pregnant;

(iii) You lose your livelihood or have a change in your principal place of work or home

If any of the above exceptional circumstances apply, we shall be entitled to request reasonable evidence to provide sufficient proof of the exceptional circumstance. The decision as to whether the membership can be cancelled shall remain in our absolute discretion.  If we agree to cancel your membership in exceptional circumstances the notice period shall be 1 paid calendar month for all types of memberships.

3.2.3 Any change to your membership must be made by you by 20th of the month by sending an email to liam@gymx.training. Changes to your membership requested after 20th of the month may not be valid until a later month.

3.2.4 Any cancellation of your membership must be made by you by sending an email to liam@gymx.training. Cancellation of your membership requested after the required notice period may not be valid until a later month. For all cancellations we require a cancellation reason and requested date to stop the membership.

3.3 CHANGING YOUR DETAILS

It is your obligation to ensure that your contact details are up to date. Please ensure any changes to your postal or email address or telephone number are notified to us. We cannot be responsible for any communications that you do not receive because you did not update your contact details with us.

 

3.4 PAYING YOUR MEMBERSHIP FEE

3.4.1 If you do not pay your membership fee we will contact you to let you know.

 

3.4.2 We may refer any missed payments to a debt collection agency.

3.4.3 If you do not pay your membership fees for more than 28 days, we may at our discretion charge you an administration fee of £20. We may also charge you an administration fee of £10 for each missed payment.

3.4.4 If you do not pay for your membership we will prevent you from using the gym.

3.4.5 If you want to change your direct debit mandate from one bank to another you can change this by sending an email to liam@gymx.training. Failure to do so will result in the payment being requested from your existing bank account – should there be insufficient funds to cover the payment you may incur bank charges.

3.5 PRICING

3.5.1 We reserve the right to increase prices of the membership at any point during the term of the membership. We will give you at least 14 days’ notice of any price changes.

3.5.2 We reserve the right to pass on in full any changes in the prevailing rate of Value Added Tax (V.A.T.).

3.5.3 When a standard price increase is made, you are entitled to terminate the remainder of the membership by providing one month’s notice to us, within fourteen days of receiving notice of the increase.

3.5.4 Prices vary from membership to membership. More information can be found at www.gymx.training

3.6 FREEZING MEMBERSHIP

3.6.1 You may request to freeze your membership via an email to liam@gymx.training by the 20th of the month prior to your freeze start date. Membership may be frozen at our absolute discretion for a minimum of 1 month and a maximum of 12 months, such period to be agreed at the time of freezing the membership.

 

3.6.2 Full membership fees will be re-instated and will commence from the agreed commitment to return date received from you.

3.6.3 You must fully re-instate your membership subscription from frozen to active membership before terminating your membership, giving the required notice period as set out in clause 2.4.1.

 

3.6.4 You will not have access to use the facility during periods of freeze.

 

USING THE GYM

4.1. MEMBERS’ ACCESS

4.1.1 You will receive access via our booking app to gain access to Gym X.

4.1.2 We reserve the right to refuse entry to the gym without prior booking of your sessions.

 

4.2. GUESTS

4.2.1 Subject to availability you may introduce one guest on any day to the gym up to four time per calendar month. Guests must register, complete a PARQ electronic form and must be accompanied by you.

 

4.2.2 You must ensure that your guests are fully aware of and adhere to the applicable, terms, conditions, rules and regulations.

 

4.3. ADVANCE BOOKINGS

4.3.1. You may book available slots in the calendar up to 14 days in advance online via our booking app.

 

4.4. SMOKING

Smoking and the use of vapours is prohibited in all areas of GymX premises.

4.5. PERSONAL BELONGINGS

We do not accept liability for loss, theft or damage to any personal belongings.

GENERAL USE

5.1 Prior to using the facilities at GymX you must complete a General Health Questionnaire. If there are some answers that indicate you have a medical condition, we may require a doctor’s note.

5.2 You must advise staff of any disability, including but not limited to blindness, deafness, heart condition and epilepsy, prior to using the facilities. This will help us in seeking to avoid accidents, injuries or misadventures to you and others.

 

5.3 While using the facilities you accept responsibility for your state of health and physical condition. You should not take part in any physical activity that you may not be fit for. If you suffer any unusual symptoms when using the gym facilities, you must immediately stop the activity and tell a member of staff.

5.4 You must not use the facilities if you have an infectious disease or condition.

5.5 If you or any guest or child that is with you suffers an accident or injury on GymX premises, it must be reported immediately to a staff member on duty.

5.6 You must behave appropriately, respectfully and dress appropriately whilst on GymX premises.

5.7 No pets are permitted on GymX premises with the exception of registered working assistance dogs.

5.8 No illegal gaming and betting is allowed on the premises.

 

GYM ACTIVITIES

6.1 You must wear appropriate clothing and footwear at all times.

6.2 For your health and safety you must warm-up before taking part in any classes. If you arrive after the warm-up you may be excluded from participating for safety reasons.

6.3 Drinks may only be taken into the gym in a plastic re-sealable container

 

6.4. In the interest of safety, no person under the age of 14 years will be admitted to the gym on their own (except during designated, supervised sessions).

6.5 All equipment has been designed and tested to be safe with the correct use. You must ensure for your own safety that you receive full instructions before using such equipment.

6.6 You must only attend a class on which you have pre-booked in advance or on the day.

 

6.7 Sessions are given in 45-60 minute time slots. The actual period of a session will normally be approximately 45-55 minutes. A few minutes at the beginning and end of each session is required to set/clear up, ask you any questions about your condition and any issues or problems that have occurred.

 

CAR PARKING

7.1 You are only entitled to use the car park whilst you are using the facilities.

 

7.2 Cars must be parked correctly in the car park, giving due attention and priority to disabled users.

7.3 Cars are parked at the owners own risk. We do not accept liability for any loss or damage to vehicles or personal belongings.

7.4 Car parking is not guaranteed at the premises. However there is allocated parking for the gym.

PHOTOGRAPHY AND VIDEOS

8.1 You must not take photographs or videos of any children under the age of 18.

8.2 You must not take photographs or videos of any other members without their express consent. You must get this consent before photographing or videoing any other member.

 

8.3 We may ask you to stop taking photographs or videos and delete them as appropriate.

 

8.4 Subject to the provisions set out above you are permitted to take photographs or videos of yourself for your own personal use only.

8.5 If required, you agree to grant us a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in any material used for or at any sessions and to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence such material, including but not limited to any images or videos taken at any of the Sessions.

SOCIAL MEDIA

9.1 We operate a safe environment for our staff and guests. As part of that safe environment we ask all guests to use social media in an appropriate manner, having regard to other individual’s privacy.

9.2 Any use of social media identifying our staff or our guests or revealing their personal details will be taken as a serious breach of these terms and conditions and may result in your membership being terminated.

 

TERMINATION/SUSPENSION

10.1 We reserve the right to terminate membership for any of the following:

10.1.1 Breach of rules and regulations;

10.1.2 Serious breach of these General Terms and Conditions of Use;

10.1.3 Conduct which, in our reasonable opinion, is damaging to the character or interest of GymX, or is offensive to other members or staff, hazardous to the health and safety of other members or staff or of significant impediment to the enjoyment of other members.

10.2 We retain absolute discretion to reject any application or renewal of membership without giving any reason for doing so.

10.3 Membership of the gym may be suspended by us if there are any irregularities regarding payments. We reserve the right to appoint a third party to recover outstanding membership fees. Access to the gym may at our discretion be denied until these issues have been resolved. If we think it is appropriate, acting reasonably and at its own discretion, the membership will be terminated.

 

LIABILITY

11.1 We do not accept liability for any loss or damage to your property that may happen whilst on GymX premises, unless such loss or damage is caused by our negligence.

11.2 Nothing in these General Terms and Conditions of Use, or the rules and regulations of GymX, is intended to limit or exclude GymX’s liability for death or personal injury caused by its negligence, or any liability for fraud.

11.3 Nothing in these General Terms and Conditions of Use, or the rules and regulations of GymX, is intended to limit or exclude any rights that members have as consumers.

11.4 We are not responsible for any harm that you suffer as a consequence of using GymX and our facilities, unless such harm is caused by our negligence.

DATA PROTECTION

12.1 We agree to comply with all relevant Data Protection Legislation which for the purpose of this Agreement shall mean the UK Data Protection Legislation and any other European Union legislation including the General Data Protection Regulation 2018 relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications)

12.2 We hold any information that you provide to us in accordance with our privacy policy on our website.

GOVERNING LAW

These terms and conditions and any disputes shall be governed by English Law and the parties submit to the courts of England and Wales.

PAYMENT TERMS AND CONDITIONS

Privacy Information

Gym X Ltd process personal information collected for the purposes of, dealing with your requests, providing reservation services, tailoring our services to your requirements and preferences, conducting market research surveys and providing you with information about products and services we offer. We will not sell this information.

Direct Debit Guarantee                                                                                        

This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits.  If there are any changes to the amount, date or frequency of your Direct Debit, Gym X Ltd will notify you 10 working days in advance of your account being debited or as otherwise agreed. If you request GymX to collect a payment, confirmation of the amount and date will be given to you at the time of the request. If an error is made in the payment of your Direct Debit, by GymX, or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society.  If you receive a refund you are not entitled to, you must pay it back when GymX asks you to. You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us.

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