1. This agreement commences either:
2. Your membership starts immediately.
3. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
4. You cannot transfer this agreement to anyone else.
FEES AND CHARGES
5. The Total first payment amount is due from you to us, is due immediately and is payable on the 1st Direct
6. The Direct Debit Payment Amount is due from you to us. You are obligated to make the Minimum Number of Direct Debit Payments stated with the first one being paid on the 1st Direct Debit Payment Date, the second on the Second DD payment date and then every month thereafter. For the avoidance of doubt, you are obligated to make every Direct Debit Payment regardless of non attendance, whatever the reason for non attendance may be.
7. If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £25.
8. You agree to advise us immediately of any change to the Members Details provided.
9. If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third party company for collection. The reasonable costs incurred in employing the third party company will be borne by you including costs in tracing you should you have changed your address without telling us.
10. In order to extend your membership after completing the minimum number of Direct Debit payments, we will automatically continue collecting the Direct Debit Payment Amount every month. Your membership will be extended by one month each payment. Each payment made is not refundable under any circumstances. This Renewal Direct Debit Payment Amount may only be amended if we advise you in writing giving 30 days notice.
Please note - If your membership included the benefit of a Free Period then we will stop making collections during that Free Period and recommence making collections when this free period has finished.
11. You agree to comply with the Rules of Membership which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided we give you advance notice of the change.
12. If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.
13. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced.
14. This agreement is governed by English Law.
15. We may terminate this agreement with immediate effect on notice to you if you are in breach of the Clubs Rules. 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.
ONE MONTHS NOTICE CANCELLATION POLICY
16. Should you wish to cancel your membership after your initial 12 payments, we require 1 months notice in writing to;
Harlands Services Ltd
2nd Floor, Rockwood House
9-17 Perrymount Road
FAIR CANCELLATION POLICY
17. We operate a fair cancelation policy within a 12 month contract as follows. This means that we will cancel your agreement and refund any money owing paid in cash up front. However, we do require 1 months notice in order administer this. The period of refund only relates to the date from when the letter is administered.
17.1 Doctors note stating that exercise will be detrimental to health if continued.
17.2 Moving permanently out of the area after joining the facility (minimum of 15 miles from the Club). Proof of relocation required either utility bill / council tax / solicitor letter.
17.3 Made redundant after joining the facility - proof of redundancy letter needed.
FREEZING YOUR MEMBERSHIP
18. Temporary Illness or Injury: This agreement may be frozen in the event of serious temporary illness, injury or medical condition upon appropriate proof from a doctor or other suitably qualified medical practitioner.
19. Pregnancy: This agreement can be frozen if you become pregnant for a maximum of 6 months pre-birth and a maximum of 6 months post - birth upon the appropriate proof being given.
Please note - ANY Freeze will not be effected until the appropriate proof is provided and received.
20. All promotions and discounts we offer relate to joining on our minimum 12 month contracts, either by paying cash up front, or via direct debit, unless otherwise stipulated.
SOCIAL MEDIA COMPETITIONS
21. Our social media competitions comply with The British Code of Advertising, Sale Promotion and Direct Marketing. Unless otherwise stipulated, the following rules apply:
This is an Agreement between you (the Member), and Competition Line UK Ltd T/A Lifestyle Fitness a company registered in England And Wales (registration number 1635867), whose registered office is at 91 Eastmount Road, Darlington, DL1 1LA (“Lifestyle Fitness”, “us” or “we”). By completing the joining process at our website and becoming a Member of Lifestyle Fitness you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.
Administration Fee: our fees raised for changing membership terms or arising out of any breach of the terms as set out on our website.
Gym Membership Rules: the rules governing your conduct as set out on our website at www.Lifestylefitness.co.uk
Joining Fee: the amount notified to you as part of the website joining process as a one-off fee payable for membership.
Massage Therapy: services provided directly to you which do not form part of this Membership Agreement and are subject to a separate agreement between you and the therapist.
Member Area: the online portal for Gym members at www.Lifestylefitness.co.uk
Membership: your contractual relationship with us, which can be on various different terms, some of which are only available at certain gyms, as follows:
Annual Membership: a membership that is paid upfront and had a fixed term of 12 months.
Membership: a membership for one specified gym.
Student Membership: Membership available to Students only, with a fixed duration, and subject to the separate student terms and conditions at each site
Monthly Membership Amount: the amount you agree to pay each month for your Membership. Only applies to certain types of Membership.
Membership Amount: the amount you agree to pay upfront for your fixed term Membership. Only applies to certain types of membership.
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 Lifestyle Fitness and are subject to a separate agreement between you and the individual.
Sports Therapy: Services provided directly to you which do not form part of this membership and are subject to a separate agreement between you and the therapist.
Starting your Membership
1. Our joining process is an online process. Full membership prices and options can be found on our website (www.Lifestylefitness.co.uk), to be selected by you as part of the joining process. By completing the online joining process and becoming a Member of Lifestyle Fitness, 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, Administration Fee, Membership Amount and Monthly Membership Amount. These are shown at the start of the joining process and again before you confirm your payment instruction.
3. You may choose during the online joining process to start your Membership either immediately or one month from the date that you accept the terms. We may inform you during the online joining process that a waiting list is in operation in which case your Membership starts when we inform you by email.
4. You agree to comply with the Gym 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.
5. You confirm that you are at least 16 years old.
6. You will be liable for any damage caused to our equipment or facilities through your negligent use.
7. You agree to tell us immediately of any changes to your personal details, including contact information; this should be done at firstname.lastname@example.org or directly at Club.
8. You are entitled to access and to use the gym or gyms defined by your Membership until termination or suspension of that Membership pursuant to this Agreement.
9. We will make reasonable endeavours to make available to you the rights and privileges of Membership of the gym you joined and have paid for. This includes access to the gym and gym equipment, changing areas, staff and independent self-employed trainers for general advice. 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.
10. Members with an Off-Peak Membership will be able to enter the gym during specified times only, as set-out in the Definition of Off-Peak Membership above.
Changing your Membership
11. Some Membership types can be changed. Fees may apply. 12. If you make regular Monthly Membership Amount payments you may Freeze your Membership at any time and for any period, using the online Member Area. When your Membership is frozen, your PIN number will be deactivated and you will pay a reduced Monthly Membership Amount.
12. If you have a discounted Membership and you change to a new Membership product, you will waive the right to the discount on the original Membership and pay the standard price on the new Membership.
13. 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 Lifestyle Fitness
14. 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.
Data Protection / GDPR
15 There are certain email and SMS communications which it is necessary for us to send to all members, in connection with their Membership. In order to do so we will process your personal data for the purposes of performing our contractual obligations to you under the terms of your Membership. You cannot opt out of these communications. You may opt out of email and SMS communications that we may otherwise send for promotional or marketing purposes, but if you do we cannot be held responsible for any loss incurred by you not receiving gym-related communications. All processing of your personal data will be in accordance with our Privacy, CCTV & Data protection policy, available at www.lifestylefitness.co.uk
16. For the safety and security of you, our other members and our staff, and for associated purposes of crime prevention and detection, we operate 24-hour CCTV security at all our gyms. The images will be captured, processed and retained in accordance with our separate Privacy, CCTV & Data Protection Policy available at www.lifestylefitness.co.uk . Access to such footage will also be governed by the provisions of that policy.
18. You can contact us with any queries or concerns by emailing email@example.com
19. You agree that to be eligible for a Student Membership you must be in full or part-time education and will provide proof of this status
20. You will be notified of any applicable Membership Amount at the end of the online joining process, and this amount will be confirmed to you by email.
21. If your Membership has a recurring Monthly Membership Amount fee, you agree to maintain a Direct Debit instruction with your bank for the Monthly Membership Amount. Your first Monthly Membership Amount is due on the date shown at the end of the online joining process (which will also be confirmed to you by email), and subsequent Monthly Membership payments will be due on the same day of each month until your Membership is cancelled in accordance with the Terms and Conditions.
22. 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 Lifestyle Fitness are under no obligation to offer a refund for loss of service.
23. If any payment due from you is returned unpaid or not honoured you will pay us on demand an Administration Fee
24. 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 firstname.lastname@example.org or contact Harlands Services on 01444 449171, or you may use the cancellation form provided with the Terms and conditions on joining.
25. 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.
26. 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.
27. 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 if you do not pay your Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due, that will not prevent us from subsequently enforcing the terms of this Agreement.
28. If you have a Membership that gives you access to a single specified gym, and that gym closes indefinitely, you will receive a pro-rata refund of your Membership Amount or most recently paid Monthly Membership Amount, as applicable.
29. 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.
30. Personal Training Sessions and “additional services” do not form part of this Agreement and are not provided by Lifestyle Fitness.
31. Any “additional services” (including, for example, Personal Training Sessions, Sports Therapy, Massage Therapy etc) which you contract for or agree to pay for, 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.
32. 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.
33. We may provide induction services or personal reviews of your training needs if required. Such services are provided without additional charge.
Member satisfaction surveys
34. From time to time we may choose to invite some of our members to participate in a survey of satisfaction. This invitation will usually be by e-mail.
35. At our discretion member satisfaction survey participation may be associated with a prize draw offering cash prizes of varying amounts to participants. Members that respond to such an invitation by completing the satisfaction survey by the advertised closing date will be entered into the draw.
36. Eligible participants will only be entered once into a particular draw. A winner will be chosen at random from all entrants to that draw within 90 days of the closing date. Winners will be contacted after the prize is drawn to arrange receipt of the prize.
37. Only you, the person named in the online joining process, can benefit from this Agreement.
38. If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.
39. Lifestyle Fitness, its parent companies, its agents, 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 Lifestyle Fitness or its agents, employees or subcontractors, our liability to you will be limited to £500.
40. 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.
41. This Agreement is governed by the law of England and Wales.
42. You should print a copy of this Agreement for future reference.
Your health is your responsibility. The management and staff of this organisation are dedicated to helping you take every opportunity to enjoy the facilities that we offer. With this in mind, we have carefully considered what we can reasonably expect of each other.
Our commitment to you
1. We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.
2. We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to use and enjoy.
3. We will take all reasonable steps to make sure that our staff are qualified to the fitness industry standards as set out by the Register of Exercise Professionals.
4. If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.
Your commitment to us
1. You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical professional and follow that advice.
2. You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.
3. You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not qualified doctors, but there will be a person available who has had first-aid training.
4. If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.
This statement is for guidance only. It is not a legally binding agreement between you and us and does not create any obligations which you or we must meet.