Feel Fit Gym Limited – Terms and Conditions of Membership

1. DEFINITIONS
Company Address:  Feel Fit Gym, 21 Templar’s Square
Oxford, OX4 3XQ
Company Number:    01865 711333
Application Form:     Your membership form as appended to these Conditions.
Contract:                  Your membership agreement and these Terms & Conditions.
Membership Fees:    The charges payable for your category of membership as set out in your Application Form.
Initial Term:              The minimum duration of the Agreement.
Gym Etiquette:          The behaviour standards required in each of our clubs. These
                                are on display within gym areas.
Services:                  The Contract entitlement for usage of our facilities.
We/Us/Our:               Feel Fit Gym Limited.
Trading as:                Feel Fit Gym
Customer:                 You
Working Days:          Monday – Sunday (inclusive).
 
2. APPLICATION OF CONDITIONS
2.1            These Conditions shall prevail over any inconsistent terms or conditions contained, or referred to, in your Application Form or implied by law, trade custom, practice or course of dealing. This will not change your statutory rights.
2.2            Feel Fit Gym reserves the right to change minor points on the Contract. This will not change your statutory rights.
 
3. DURATION AND COMMENCEMENT
3.1            The Contract shall commence on the date of our acceptance of your Application Form and shall continue in force for the Initial Term after which it shall automatically continue on a monthly basis, until terminated in accordance with clauses 9 and 10.
3.2            Members must be aged 18 years plus or 16 years plus with a signed parental consent form.
 
4. OUR OBLIGATIONS
4.1            We shall use reasonable endeavours to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.
4.2            Time shall not be of the essence for our performance of the Services under the Contract.
 
5. GYM ETIQUETTE AND CONDUCT
5.1            You agree to be bound by and observe the Gym Etiquette within your club and acknowledge that we may amend this at any time and at our discretion.
5.2            You will not under any circumstances abuse the facilities, staff or equipment of any Club or Feel Fit Gym employees and you will pay for any damage to our property.
5.3            When a member brings a guest into the club, the member will be fully liable and responsible for the actions and behaviour of that guest.
 
6. REFURBISHMENT AND REPAIR
6.1            You acknowledge that it may be necessary for us to close parts of or whole clubs from time to time to carry out refurbishments or repairs and that this may disrupt our provision of the Services and agree that any such disruption shall not constitute a material breach of the Contract.
 
7. MEMBERSHIP FEES AND ADDITIONAL PURCHASES
7.1        Our fees and charges may be subject to VAT at the prevailing rate. If the VAT rate is increased at any time during your membership including the Initial Term we reserve the right to increase our rates in accordance to the new VAT rate.
7.2        Without prejudice to any other right or remedy that we may have, if you fail to pay us the Membership Fees on any due date, we may
            (i)          Take payment of such sum from your secondary Credit/Debit card as specified on your Application form.
            (ii)         Suspend all Services until payment has been made in full.
            (iii)         Charge interest on such sum from the due date for payment until the date of actual payment at the annual rate of 4% above the base-lending rate from time to time of Barclay’s Bank Plc.
            (iv)        Where such sum has been outstanding for more than 28 days, engage a collections agency to pursue you for the debt. You agree that you will be responsible for all costs of the agency seeking to recover payment from you.
            (v)         Raise a late payment charge if the debt remains unpaid after 7 days.
7.3        We may, without prejudice to any other rights that we may have, set off any liability that we have to you against any liability that you have to us.
7.4        You may at times purchase items within the club that you agree to the cost being added to your next direct debit deduction.
7.5        Should your Membership Fees not be paid due to insufficient monies in your account we will retake that direct debit within 21 Working Days of the first rejection.
7.7        You are unable to transfer your membership to another person, but may have the option to transfer to another Club.
7.8        If you upgrade your membership to a different membership category you will be liable for the increase in fees.
7.9        You are unable to downgrade your membership during the cancellation period.
7.10      Lockers that are not hired may be emptied every night and any contents found within will be stored for a period of 30 days (excluding any wet items) and will be deemed as lost property. After the 30 days the property will be disposed of if not claimed. Any claim to the property during the said 30 days may be subject to a penalty charge.
 
8. LIMITATION OF LIABILITY YOUR ATTENTION IS PARTICULARLY DRAWN TO
THIS CONDITION
8.1        This condition sets out our entire financial liability (including any Liability for the acts or omissions of employees, agents, consultants, and Subcontractors) to you in respect of
            (i)          Any breach of the Contract
            (ii)         Any use made of the Services
            (iii)         Any representation statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
8.2        All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8.3        We shall not be liable for any Services offered by any third parties including Personal Trainers not employed by us.
8.4        Nothing in these Conditions limits or excludes our liability:
            (i)          For death or personal injury resulting from negligence.
            (ii)         For any damage or liability you incur as a result of fraud or
                         fraudulent misrepresentation.
            (iii)         For any other liability which cannot be restricted by law.
8.5        Subject to the other provisions of this clause, we shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
8.6        Subject to the other provisions of this clause, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract, shall be limited to the charges that you have paid to us in the 12 month period preceding the date of the act or omission query giving rise to the claim.
8.7        Members must either secure their personal belongings on their person or secure those in a locker provided by Feel Fit Gym. Every occasion the club is used, Feel Fit Gym, its employees, agents and subcontractors will not be liable for any loss, damage or theft of any property brought onto any of our premises either secured or not secured in a locker. Our liability to compensate you for any loss, damage or theft of any property brought onto our premises will be limited to £50.00.
 
9. TERMINATION BY US
9.1        Without prejudice to any other rights or remedies which the parties may have, we may terminate the Contract immediately on giving notice to you if:
            (i)          You fail to pay any amount due under the Contract on the due date for payment and such sum remains in default not less than seven days after you being notified in writing to make such payment
            (ii)         You commit a material breach of the Contract, Gym Etiquette. And Conduct i.e. abusive or threatening behaviour, vandalism.
 
10. TERMINATION BY YOU
10.1      You may terminate your non contractual membership on one month’s notice at any time after the Initial term, but your notice shall only take effect on the first day following our receipt of your written printed notice at the reception. It is your own responsibility to ensure that your membership is cancelled.
10.2      If you wish to terminate either Contract you must give us notice in writing at the reception. We will not accept liability for mail lost in transit and therefore suggest a proof of receipt is obtained at time of posting.
10.3      On application to terminate your 12 Month Membership Contract for any reason you shall immediately pay to us all outstanding Membership Fees.
10.4      On application to terminate your Membership Contract (however arising), the following conditions 2, 7, 8, 9 and 12 shall survive and continue in full force and effect.
10.5      We are entitled to retain any Membership Fees where you have not followed the correct cancellation process.
 
11. DATA PROTECTION
11.1      We take the privacy of our members seriously. If you have any questions about how we use your personal information, please do not hesitate to contact us on the Company Number.
11.2      We will endeavour to use whatever method of communication deemed appropriate to notify you of club information in order to best serve your experience and assume that the information provided is correct and an acceptable method to provide you with this information.
11.3      We may use your personal information to provide and personalise the Services and to provide you with information about our similar products and Services that may be of interest to you. Please tick this box if you do not wish to receive such information: ☐
11.4      We may also provide your contact information to our business partners and third parties who may contact you about their products and Services. Please tick this box if you do not wish to receive such information: ☐
11.5      As part of our efforts to make further improvements to the service we provide our members, telephone calls to and from the member Services team may be recorded or monitored and used for training purposes. To protect the operation of our computer systems we monitor incoming and outgoing email.
 
12. GENERAL
12.1      We may sell, transfer, mortgage, charge or assign the benefit of the Contract at any time. You may not, without our prior consent sell transfer, mortgage charge, or assign the benefit of the Contract.
12.2      We shall have no liability to you under the Contract if we are prevented from, or delayed in performing, our obligations under the Contract or from carrying out our business by acts, events, omissions or accidents beyond our reasonable control.
12.3      We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services.
12.4      If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
12.5      Any notice or other communication to be given under the Contract must be delivered to the addresses set out on your Application Form or any such addresses as may be notified by a party to the other, in writing, from time to time, with the exception of any communications relating to termination which you must direct to our membership Services team at the Company Address or Company Number.
12.6      The Contract shall be governed by, and construed in accordance with, the laws of England and Wales, and any dispute arising out of or in connection with the Contract shall be subject to the exclusive jurisdiction of the English courts.
12.7      Any refunds can only be claimed up to one calendar month commencing the date on which the respective transaction took place.