GENERAL TERMS & CONDITIONS

These terms form part of your membership agreement with TP Fitness Gym & Personal Training LTD (TP Fitness Gym). Your membership agreement with us is made when your membership application is completed by you and signed by us and consists of that form and these terms. These documents form a legal agreement between us, so please make sure you carefully read these terms & conditions and the membership application form.

1)Admin fee, pro rata payment, monthly direct debit payments and annual membership

When you join you will need to pay us the payments set out in this section. The amount you pay depends on the type of your membership you have chosen, as detailed in the membership application form.

All memberships shall pay an initial admin fee, the sum specified in your membership agreement, which shall become payable immediately upon us signing the membership application form. During your membership you must pay your membership fees whether you use the facilities and services or not. You must pay part of the membership payment for the month you join on the day you join, this is called the ‘pro rata payment’ and is worked out by subtracting the number of days left in the month (including the day on which you join) by the total number of days in the month, then multiplying this figure by the monthly subscription payment. We take your monthly membership payments by direct debit on the date set out in the membership application form, you will pay in advance for the following month. Each month, our deadline for setting up new direct debits with the bank is the 24th day of the month. If you join after the 25th day of the month, you will need to pay the next month’s membership payment, as well as the initial admin fee. We reserve the right to increase membership fees at any time, subject to us giving you ten working days notice. If you are unhappy with the changed, you may cancel your membership in accordance with section 4 of these terms. Annual memberships run for one calendar year from the date commenced. If you have taken out an annual, 6 month, 3 month membership then you will be required to pay the Membership Fee in a single lump sum in advance. PLEASE NOTE THAT MEMBERSHIP FEES ARE NOT REFUNDABLE IN FULL OR IN PART IF YOUR ANNUAL MEMBERSHIP IS CANCELLED EXCEPT DUE TO A MATERIAL CHANGE IN CIRCUMSTANCES IN ACCORDANCE WITH SECTION 4 OF THESE TERMS.

2) Membership categories

You must be at least 14 years of age to be a member. Members who are aged 14-17 will need a parent or guardian to sign the membership application form and health commitment form. Once 16 you will roll onto a mainstream membership of your choice which will be discussed when signing up.

3) If your payments fail

This section is about what will happen if you have not paid your monthly membership payment for any reason, which may include one or more of the reasons set out below (please note this is not an exhaustive list):

- the direct debit details you gave us were wrong

- there are not enough funds in your bank account

- you have cancelled your direct debit without giving us the notice we need as set out in section 4 of these terms. Whilst you continue to owe us monthly direct debit payment, you will not be allowed to enter TP Fitness Gym.

And we may cancel your membership. We have the right to start procedures to collect any outstanding monthly direct debit payments at any time.

IF THE DIRECT DEBIT DETAILS YOU GAVE US WERE WRONG OR YOU HAVE CANCELLED YOUR DIRECT DEBIT WITHOUT GIVING US THE NOTICE WE NEED AS SET OUT IN SECTION 4, we will ask you to make the payment by cash, cheque, debit or credit card and for you to give us your correct details.

IF THERE ARE NOT ENOUGH FUNDS IN YOUR ACCOUNT we may try again to withdraw the monthly membership payment by direct debit, but if we still cannot collect payment by direct debit we will ask you to make the payment by cash, cheque, debit or credit card and for you to give us your correct details. If any of these circumstances we cannot collect payment we may cancel your membership straight away.

4) Cancelling and freezing your membership

All cancellations should be made by completion of the online form or in person at TP Fitness Gym.

https://www.tpfitnessgym.co.uk/gym-membership-cancellation-form

If you wish to terminate your membership please give us 30 days notice. Contracts can only be terminated when 30 days notice has been provided after the minimum period has passed. The 30 days notice period begins on the receipt of the cancellation request. The next direct debit within this 30-day period is payable. Unless agreed in writing, membership will not be cancelled. It is your responsibility to make sure your online notice has been received by TP Fitness Gym.

We will consider a request to freeze a membership if you are pregnant or suffering from an illness or injury that means you may be temporarily unable to use the facility. You are required to submit appropriate evidence in support of your request. Memberships can be frozen for a maximum of 3 months in any 12 month period. A £5 per month fee applies to active Direct Debit memberships on a monthly payment & pre paid memberships are chargeable £5 per month in advance of the frozen period. Extensions on the frozen period will be at the discretion of the management. Annual pre paid memberships cannot be frozen within 3 weeks of the renewal date. We will extend the end date of your paid in full membership or change your direct debit collections to reflect the agreed period of suspension.

5) Expulsion of membership or termination of membership by us

We may expel you from TP Fitness Gym and/or end your membership without notice if, at any time:

- you break the conditions of your membership agreement

- you do not comply with the rules and regulations of TP Fitness Gym

- your conduct is such that in our opinion, it may be detrimental to the character, name or interest of TP Fitness, or is such that it makes you unfit to associate with other members of the gym

- any part of your monthly membership payment which is due and payable remains unpaid thirty days after the due date for payment.

In the event that we terminate your membership, we will not refund the admin fee or payments received. We may end your membership for any reason by giving you one full calendar month’s written notice to cancel it. In these circumstances, you will not have to pay any monthly membership payments for the period after your membership ends.

6) Limitation of liability

By law we do not have to pay you compensation for any service, facility or equipment not being available because of health and safety reasons or where it is for the benefit of your membership.

We will not pay you compensation if we have failed to carry out our duties due to a fault of your own: someone else not connected with providing our services under these terms; or events which we could not have known about beforehand even if we had taken all reasonable care. We have the right to make changes, unless this loss or damage is caused by something we have done or failed to do or cannot be avoided by law. You bring all personal belongings to the gym at your own risk. We accept no liability for loss or damage to property of members which is not caused by our employees. Nothing in these terms and conditions will exclude or limit our liability for fraud or death or personal injury caused by our negligence. If we are found to have any liability to you for loss or damage to property our liability to compensate you is limited to a reasonable amount, taking account of factors such as whether the damage was due to something we did or failed to do.

7) Booking and cancelling a fitness class

We operate a system which allows you to book a place on our classes up to six days in advance. All classes can be booked from 7am Mon-Fri and 8am Sat-Sun, regardless of the start time. Bookings can only be made by the person who wishes to attend the class, as only one place can be allocated at a time. Please note you cannot reserve back to back bookings of the same discipline in advance. Please note you must be aged 14 or over to attend one of our classes.

If you want to cancel a class booking, you can do this on our Clubright app or by contacting TP Fitness any time up to 30 minutes before the class starts. This gives us the opportunity to offer your place to someone else. If you do not cancel your class and fail to attend, or attempt to cancel withing the 30 minutes notice period you will accrue a “default” on your account. Three or more “defaults” on your account in a calendar month will result in you losing your advance booking rights. You will be placed on a “suspension list” for 7 days and will only be able to attend a class during this period if there are spaces available on the day.

Please try to allow yourself plenty of time to check in so that classes can start on time. The warm up is an important part of the class and entry can be refused once the class has started. This is important during busy periods.

Please ensure that your name is ticked off the register, otherwise it will appear that you have not attended the class and could result in you accruing a “default” on your account. The recording of your visit is your responsibility and not the instructor.

8) Physical health of member

It is your responsibility to make sure that you are capable of doing the exercises provided by any programme you follow or any class you attend. You should consult your doctor before you begin any programme or class if you are not sure whether or not it is suitable. If you have any concerns about your physical condition, you must seek medical advice before using our facilities. Before using our facilities, you must first complete a Health Commitment Statement and have a supervised gym induction session with a qualified member of our fitness team. We may refuse you access to our facilities if we consider the use of such facilities could put your health at risk.

9) Events beyond out reasonable control

If we are not able to provide all the services and facilities at your gym for 60 days in a row or longer for ‘reasons or events outside of our reasonable control’ either you or us will be entitled to cancel your membership immediately after giving notice in writing. By law we do not have to pay you compensation in these circumstances and during this period. Reasons or events outside of our reasonable control could include, but are not limited to, natural disasters, a government’s actions, war or national emergency; acts of terrorism, protest, riot, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not they relate to our workforce), restraints or delays affecting carriers or not being able to get supplies of suitable materials on time or not at all.

10) Coronavirus (Covid – 19) and track and trace

In order to prevent the spread of the coronavirus and reduce the potential risk of exposure to our staff and members, we asking everyone to complete and submit a health questionnaire prior to entering TP Fitness Gym. This is available on our Clubright app along with a staff member at reception. The focus will always remain on maximising members safety and service level, adhering stringently to social distancing and reducing the risk of TP Fitness environment for members and staff. We will monitor our strategy effectiveness daily.

Any member/staff member who demonstrates symptoms of Covid – 19 will be instructed to inform the gym and return/remain home and self – isolate for 7 days. Those who share a house with a symptomatic individual or are instructed they must do so by the test and trace will be required to self – isolate for 14 days. The isolation guidance applied to staff and members will ALWAYS be in line with the UK Government.

We will not hesitate to return to a prior, or modify a, step should that be deemed necessary and will always follow the latest advice to ensure we operate at the highest levels of Health and Safety in the forefront of the fight against Covid – 19 and other risk factors to general public.

Track and trace will be used to report a suspected or confirmed case of Covid – 19 for participation in the local contact tracking and tracing programme. We ask for all members / staff to update their contact details on the Clubright app or in TP Fitness Gym

11) Change to terms

We may change these Terms & Conditions at any time. When we do make changes that affect you, we will give you reasonable notice of the change that we plan to make. If you are not happy with the changes, you may cancel your membership according to the terms in Section 4.

Privacy and data protection policy

TP Fitness Gym will process your personal data lawfully and fairly. We will ensure that when you trust us with your personal data we will only process it for the reason it was collected for and to keep you up to date on other products or services we provide that are likely to be of interest to you where applicable. We will do our very best to ensure accuracy of your personal data and we will endeavour to keep your personal data secure from loss, destruction or damage by having strong processes in place to prevent this. We will also provide simple ways for you to query or amend the personal data we hold about you.

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