Membership management is administered on behalf of Fit Club (Northwood) Ltd Trading As “FIT CLUB” (of 55 The Broadway, Joel Street, Northwood HA6 1NZ), by Harlands Services Ltd.
HELPLINE – 01444 449 166 / firstname.lastname@example.org/
2nd Floor Rockwood House, 9-17 Perrymount Road, Haywards Heath, RH16 3TW.
Reg. in England No. 2982925 VAT Reg. No. GB 799711370
- This agreement is an agreement between you and Fit Club (Northwood) Ltd Trading as FIT CLUB and is administered by Harlands Services Ltd (“Harlands”). This agreement commences once you have indicated your acceptance in the Declaration section of this web sign up process. If you did not sign up on the club’s premises you have 14 full days after signup to cancel this agreement for any reason. To exercise this right you must inform Harlands or the club of this by post or email using the details above.
If you exercise this right to cancel we will reimburse you all joining and membership fee payments received from you using the same means of payment you used for the initial transaction.
If you joined on our trade premises you have no legal entitlement to a cooling-off period.
- Your membership starts immediately (or when your club opens in the case of a pre-sale membership).
- You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen, subject to your timely payment of the fees and charges set out below and the successful processing of your direct debit instruction.
- FIT CLUB provides direct debit payment services to you and administers our agreement with you, in consideration for which you agree to pay all the fees and charges associated with your Membership and set out below, to FIT CLUB.
- To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well being or physical condition. Further, you agree to advise us immediately should your circumstances change.
FEES AND CHARGES
- The Joining Fee / Initial Payment is due and payable immediately on execution of the agreement and is not refundable other than in the event of breach or negligence by us or on the valid exercise of your statutory cancellation rights, as set out in the Principle Terms above.
- Your obligations to FIT CLUB include payment of the Direct Debit Payment Amount. You are obligated to make the “Minimum Number of Direct Debit Payments” stated with the first one being paid on the 1stDirect Debit Payment Date and then every month thereafter. You are obligated to make every Direct Debit Payment regardless of non attendance, except where the Agreement is cancelled in accordance with the cancellation terms below or under your statutory cancellation rights, as set out in the Principle Terms above.
- 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 Harlands (or FIT CLUB) on demand (i) an initial administration fee of £25; and (ii) any and all further reasonable costs incurred by Harlands (or FIT CLUB) in recovering the due fees and charges from you, including costs in tracing you if you have changed your address without telling us. Harlands’ (and FIT CLUB) right to recover these fees and costs shall be in addition to and without limitation of our rights or those of Harlands (or FIT CLUB) which may exist notwithstanding the terms of our Agreement.
- You agree to advise us (FIT CLUB) promptly of any change to the Members Details provided.
- If you fail to pay any amount due under this agreement for a period of more than thirty days, then we (FIT CLUB) or Harlands may pass the debt to a third party company for collection.In addition to any costs and charges Harlands (and FIT CLUB) may be entitled to under clause 7, the reasonable and direct costs incurred in employing the third party company will be borne by you, including costs in tracing you if you have changed your address without telling us.
- Once you have completed the Minimum No. of Direct Debit Payments we will automatically continue collecting the Direct Debit Payment Amount every month. Your membership will be extended by one month for each payment (“Renewal Period”). This renewal Direct Debit payment amount may only be amended if we advise you in writing giving not less than 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 on the renewal date.
- You may prevent the Automatic Renewal at any time by giving notice to our Helpline (you should give us not less than 30 days notice). When the final minimum period payment has been taken you should also cancel your Direct Debit mandate directly with your bank.
- Once you have completed the Minimum Number of Direct Debit payments you can cancel your Automatic Renewal payments by contacting our Helpline (you should give us not less than 30 days notice). After the final payment has been taken you should also cancel your Direct Debit mandate directly with your bank.
- All cancellation notice periods (30 Days notice) start from your next regular billing date.
- Relocation:This agreement can be cancelled in the event that your new permanent address is more than 15 miles away from the facility upon receipt of a copy utility bill or bank statement showing the new address.
- Long term (over 3 month) illness or injury: This agreement may be cancelled in the event of an illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for 3 months or longer upon appropriate proof being provided.
- Redundancy:This agreement can be cancelled upon appropriate proof of redundancy from your employer or other loss of livelihood.
- Pregnancy:This agreement can be cancelled if you become pregnant upon the appropriate written proof being given.
Please note – ANY Cancellation for the above reasons will not be effected until the appropriate proof is provided and received (in writing or via email) by Harlands or the Club.
- Breach: This agreement can be cancelled if we are in breach of contract including if we do not provide facilities or services you may reasonably expect and we have fallen well below that standard.
- Temporary Illness or Injury: This agreement may be frozen, for a fee of £5 per month, in the event of a temporary illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for a period of time. Please note – ANY Freeze will not be effected until the appropriate proof is provided and received (in writing or via email) by Harlands or the Club. Please note – A freeze period does not affect the Minimum No. of Direct Debit Payments you are due to make and any payments remaining at the time of the freeze will remain due and recommence on a monthly basis once the freeze period has completed. If you do not have a medical reason but still want to freeze your membership you are required to pay £5.00 for every month you freeze. This will be actioned in your home club. You must give 7 working days’ notice before your payment date in order to freeze for any of the reasons above and you can freeze your membership for up to 3 months in a calendar year.
E-mail Address and Personal Details.
- You may not take photos or videos anywhere in the Club. The Club uses monitored and unmonitored video surveillance (CCTV) and access card usage is logged, which both may be retained by the Club for future use.
Sale of Club
- In the event of the sale or disposal of the Club to another company or to another person we may transfer your membership to the new owner. In such circumstances you will continue as a member of the club and continue to pay your membership fees provided no changes to these terms or the Club rules having a material adverse effect on your use of the club are made by the new owner. Any such disposal will not affect your contractual or statutory rights.
- You agree to comply with the Rules of Membership, which are displayed prominently in the Club and are available on the club’s website, and relate to opening hours, use of facilities and your conduct. We (FIT CLUB) may make reasonable changes to these Rules at any time provided we (FIT CLUB) give you reasonable advance notice of the change. 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. You will be liable for any damage caused to our equipment or facilities through your negligent use.
- There may be occasions where we have to close all, or part of, the gym of which you are a member. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency. We will use all commercially reasonable endeavours to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.
- We will not be liable or responsible for outstanding monies paid to a Personal Trainer (“PT”). Personal Training is arranged directly with the PT and not with FIT CLUB.
- You cannot transfer this agreement on to anyone else.
- During any period in which membership fees are not paid, FIT CLUB may suspend your membership and deactivate your access card so that you may not access the Club.
- You may not allow anyone other than you to use your membership access card. The Club reserves the right to charge a £25.00 per visit fee for any unauthorized guest you allow into the Club. In addition, your access card may be immediately deactivated or your membership terminated and a fee will be charged to activate the card or rejoin the Club. You are also responsible for any losses, damages or liability the Club suffers because of an unauthorized guest you allow into the Club.
- Members agree not to conduct any kind of commercial or business activity in the Club and shall not act as a personal trainer for anyone within the Club.
- If we (FIT CLUB) 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.
- We (FIT CLUB) will do our best to resolve any disputes over this agreement. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant UK law will apply.
- If any part of this agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply
- We (FIT CLUB) may terminate this agreement with immediate effect on notice to you if you are in breach of the Clubs Rules (i.e. Stealing or other criminal activities within the facility). 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.
Premium Membership Terms
35. Booking your child in to a class for free under a Premium Membership is subject to a Fair use policy. Child may be booked in to an applicable class one time per calendar week. Any additional classes must be paid for at the relevant rate. Additional terms and conditions;
- only one child applies for free under each membership
- child must be pre-registered
- child can be switched every quarter
- dependant must be age appropriate for a qualifying class
- Classes are subject to availability
- Spaces are limited
- No Cash Value applies to this offer
- No refunds or deductions are applicable for any class cancellations or over bookings
36. All classes are subject to availability
37. Class timetables are subject to change
38. No cash value applies to cancellations
39. Monthly Body Analyser is subject to availability
40. All benefits of membership have no cash value and no refunds will be applicable due to unavailability or offer not being taken out during the relevant time frame.