ACTIVHEALTH FITNESS CENTRE TERMS AND CONDITIONS
These terms and conditions shall apply between Active Health Personal Training and Life Coaching Limited (trading as ActivHealth), C/O Alliot Wingham Limited, a company registered in England and Wales under number 05145448 whose registered office is at Kintyre House, 70 High Street, Fareham, Hampshire PO16 7BB (“AH”
hereafter); and the Member (“You” or the “Member” “Members” hereafter).
1. BASIS OF AGREEMENT
1.1 These terms shall take effect as soon as the Member signs the Application Form overleaf (“Commencement Date”) and shall continue until terminated by either party in accordance with this Agreement.
1.2 These terms shall apply to the exclusion of any other terms that the Member seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. The Member acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of
AH which is not set out under these terms.
1.3 The Application Form overleaf shall form part of and is incorporated into these terms.
2. YOUR MEMBERSHIP
2.1 The Member shall choose between the categories of Membership detailed overleaf by selecting the appropriate membership and if applicable the Minimum Term on the Application Form. Memberships detailed below may be withdrawn or implemented as market forces dictate and do not constitute a firm
offer of availability.
2.2 Pay Monthly Membership – This Membership is a monthly agreement entitling the Member to use the AH Facilities within the Normal Hours of Business. This Membership shall become effective upon successful payment of any Health & Safety Fee, Membership Bond (Refundable Deposit), Pro-Rata Payment
and the successful completion of the AH health and safety induction.
2.3 Advance Pay Membership – This Membership is for a fixed advance sum for the Term indicated which entitles the Member to use the AH Facilities within the Normal Hours of Business for a fixed number of months This Membership shall become effective upon successful payment of any Health & Safety Fee,
Membership Bond (Refundable Deposit), Pro-Rata Payment and the successful completion of the AH health and safety induction.
2.4 Off Peak Membership – This Membership is a pay monthly agreement. Membership is strictly limited to use of the club between the hours of 0900 – 1200 and 1400 – 1700 Monday to Friday and at any time on weekends. This Membership shall become effective upon successful payment of any Health &
Safety Fee, Membership Bond (Refundable Deposit), Pro-Rata Payment and the successful completion of the AH health and safety induction.
2.5 Dual and Group Membership – These terms will apply to each Member and Dual Member jointly, with the exception of clause 4 where a Member may terminate on behalf of themselves and the Dual Member and clause 5 where only one Member must pay the Suspended Payment. This Membership shall
become effective upon successful payment of any Health & Safety Fee, Membership Bond (Refundable Deposit), Pro-Rata Payment and the successful completion of the AH health and safety induction.
2.6 Single Pay Membership – This Membership is for a fixed advance sum which entitles the Member to use the AH Facilities within the Normal Hours of Business for one month. This Membership shall become effective upon successful payment of any Health & Safety Fee, Membership Bond (Refundable Deposit),
Pro-Rata Payment and the successful completion of the AH health and safety induction.
2.7 Member Badges are issued to all Members on the Commencement Date. Member Badges may not be transferred, loaned or used by any other person. Lost Member Badges will be replaced at a cost of £5 each. If Member Badges are stolen they will be replaced free of charge on submission of a valid crime
number. All Member Badges and any other AH property must be returned to AH upon termination of the Membership. Member Badges may be suspended or cancelled without notice if a Member is in breach of this Agreement.
3.1 The Membership Fee shall be the sum specified on the Application Form or such sum notified to the Member on or before the Commencement Date.
3.2 AH reserves the right to increase Membership Fees. Members who do not wish to accept an increase in subscription may cancel their membership by completing a Cancellation Form. The Member giving notice must continue to pay subscriptions at the current rate immediately prior to any proposed increase
until the end of such notice period. AH will not refund any subscriptions that have been paid by a Member for any period after the expiry of the notice instead providing membership in lieu of refund (see para 3.7)
3.3 After the Commencement Date, all Pay Monthly Membership and Off Peak Membership Fees are collected between the first and tenth day of each month or such date as may be agreed by AH (“Payment Date”). Members are obliged to pay membership fees regardless of attendance except during an agreed
Suspension of Membership.
3.4 The accepted payment method for Pay Monthly and Off-Peak Membership is via Direct Debit or Standing Order payment only unless expressly agreed with AH.
3.5 Accepted payment for Advance Pay Members is via debit or credit cards, cheque or cash payment. A reasonable processing fee may be charged if applicable.
3.6 If the Member without prior notice fails to pay a Membership Fee within 30 days of the Payment Date, cancels a standing order or a cheque is returned unpaid, AH reserves the right to resort to any of the following:
3.6.1 Impose a £20 administration fee;
3.6.2 Cancel or suspend the Membership;
3.6.3 Suspend or Refuse Member entry to the AH Facilities;
3.6.4 Demand immediate payment of any overdue sums;
3.6.5 Pass the Member’s information on to a third party debt collection agency with notice to the Member of the same;
3.6.6 Claim statutory interest at 8% above the applicable Bank of England base rate in force when the Membership Fees are overdue in accordance with Section 69 of the County Courts Act 1984;
3.6.7 Serve legal proceedings without notice to recover any overdue sums, interests and costs;
3.7 It is the Member’s sole responsibility to cancel their standing order or Direct Debit with their bank after the Termination Date or to change their standing order during a period of Suspended Membership.
3.8 In the event that the Member fails to cancel the standing order or Direct Debit after their Membership has been successfully cancelled, AH shall grant Membership in respect of the payment received up to the date the standing order or Direct Debit is successfully cancelled.
3.9 AH will not reimburse any overpaid sums to the member unless the Member has been prevented from cancelling the standing order or Direct Debit owing to serious illness, death or injury or such situation as AH may deem as a reasonable intervening circumstance.
3.10 For the purposes of clause 3.6, prior notice means 5 working days before the Payment Date. The Customer must request a consultation with AH if payment is likely to be overdue.
3.11 Any refunds due to the Member will be paid to the Member via a payment method deemed appropriate by AH and AH will pay such sums within 30 days of the relevant date.
4. CANCELLING YOUR MEMBERSHIP
4.1 AH may terminate the Members’ Membership at any time if:
4.1.1 The Member fails to use the AH Facilities in accordance with section 8; or
4.1.2 Membership Fees are overdue; or
4.1.3 The Member refuses to attend the scheduled Induction or attempts to use the AH Facilities before an induction has taken place; or
4.1.4 The Member gives, loans, or allows a Member or non-member to use a Member Badge.
4.2 Either party may terminate this Agreement with immediate effect without notice in the event that a serious breach occurs by either party to this Agreement.
4.3 The Member may terminate their Membership by providing 30 days written notice to AH to cancel the Membership. AH will then provide a Cancellation Form confirming the Termination Date.
4.4 All Members must pay in full during the Membership Term and until the Termination Date and may not apportion, set-off or deduct any Membership Fees whatsoever.
4.5 Any refundable membership bond paid to A/H will be returned subject to receipt of 30 days written notice of termination of membership and confirmation that no other fee’s or costs are owed by the member to A/H and that all member obligations outlined in paragraph 8 have been complied with. AH will
return the membership bond in whichever manner it deems appropriate within 45 days of receipt of cancellation subject to the aforementioned.
5. SUSPENDED /FROZEN MEMBERSHIP
5.1 Any Membership may be suspended for a minimum period of 1 month if AH continue to hold a members “Membership Bond” (excluding for the purposes of defaulted payment) but this must be agreed by AH in writing via completion of a suspended membership form.
5.2 Members returning after suspending their Membership will not be required to pay a new Health & Safety Fee or Membership bond but will have to make a pro-rata payment for membership until the next recurring payment collection date.
6. YOUR HEALTH AND SAFETY
6.1 AH may withdraw all or part of a facility at any time, for any period or periods and without notice in connection with any cleaning, repair, alteration or maintenance work or for any reasons beyond the control of AH.
6.2 Members and guests are advised not to undertake strenuous physical activities if they have concerns about their physical condition without seeking medical advice in advance. All members must complete an Induction provided by AH before using the Facilities detailing: training alone procedure, summoning
assistance in the event of an emergency, emergency evacuation procedure, obtaining first aid assistance, location of lighting and air conditioning controls.
6.3 The main entrance to the AH Facilities must be used when entering or leaving. Alarmed fire exits which are clearly marked must only be used in an emergency. In the event of a fire, members and their guests must use the nearest available exit following the instructions provided in the Induction.
6.4 If you are unsure about using the gym equipment after receiving an induction, you must request assistance from AH Staff. You are not permitted to hire or utilise any non-AH personal trainer or fitness instructor at the AH Facilities.
6.5 In the event of an accident or illness at the AH Facilities, the Member must report it to a member of staff or the reception desk immediately and no later than 24 hours after the illness or accident has occurred.
6.6 In the interests of hygiene, only sealed plastic drinking containers are permitted to be used at the AH Facilities to the exclusion of crockery, glass or food.
6.7 Members and guests are requested to wipe down all gym equipment after use.
6.8 No pets are permitted on the AH Facilities with the exception of registered guide dogs.
7. NORMAL HOURS OF BUSINESS
7.1 The AH Facilities are open 5am – 11pm Monday to Friday and 8am – 8pm at weekends and public holidays in accordance with clause 7.2 below.
7.2 AH is entitled to close the AH Facilities for short periods owing to maintenance, servicing, cleaning, repair or other reasons beyond the control of AH. AH will endeavour to inform Members in advance when such closure is expected.
8. MEMBER OBLIGATIONS
8.1 You must use the AH Facilities in a respectful manner and You must not use the Facilities in any way that causes, or may cause, damage to the equipment, facilities, or which may cause annoyance, distraction or offence to other members. In no circumstances must any member use the AH Facilities in
connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
8.2 You may not use the AH Facilities while under the influence of alcohol, anticoagulants, antihistamines, beta-blockers, narcotics, tranquilizers or any medication or other substance which may affect your ability to exercise safely. Smoking is not permitted in any part of the AH Facilities.
8.3 All Members, guests and minors must adopt an appropriate form of dress in the AH Facilities. Training tops, shorts/leggings and suitable clean training shoes are required in the gym area. Any Members failing to respect this dress code will be informed to wear appropriate clothing.
8.4 Any Member who damages any gym equipment or Facilities may be charged for a reasonable repair fee unless such damage was caused accidentally or owing to wear and tear of the gym equipment or Facilities. Any damage must be reported promptly to AH and no later than 24 hours after such damage has
8.5 You must not use the AH Facilities for any marketing or sales purpose or display or affix any notice, sign or document on the Member notice board without the express permission of the AH manager.
8.6 Any Member who uses the AH Facilities in a manner contrary to this Section may be subject to disciplinary action which may result in immediate suspension of the Member’s Membership and compensatory payment if necessary.
8.7 Parking is only permitted in designated parking bays for the duration of your workout only. A valid parking permit must be displayed in your vehicle during this time. Vehicles incorrectly parked may be clamped and charged for their removal. This includes misuse of disabled and parent and child parking areas.
8.8 You warrant that any personal information or documents provided to AH are true, accurate and complete in all regards. Should any personal information change after the Commencement Date, you are obliged to inform AH promptly in writing.
9. GUESTS AND MINORS
9.1 Members are not permitted to bring guests in to the club without prior written consent from AH.
9.2 Minors aged between 12 and 16 are permitted to use the club on an ad hoc basis only with the express written consent of the AH management subject to proof of satisfactory insurance and on the understanding that they are accompanied by a responsible adult at all times. 17 year old minors are permitted
to use the AH facilities without an accompanying adult but must produce a letter of consent from their legal guardian.
9.3 AH may offer supervised activities for minors in the AH Facilities where Member supervision is not required.
9.4 Any Member who brings a guest remains responsible for their guest’s conduct whilst they are in the AH Facilities.
9.5 The Member may not leave the Facilities prior to their guest’s departure.
10. REFERRAL REWARD PROGRAMME
10.1 Any member referring a prospective Member to the AHFC will have the opportunity to receive a cash/prize reward subject to the following:
10.2 The Referral reward program has been advertised as running during the period that the member is claiming such cash/prize reward.
10.3 The referred prospective Member must provide the details of the existing Member who referred them to AH when they complete the membership application form within the time frame detailed on marketing material.
10.4 The referred prospective Member is not a previous Member of AH.
10.5 The referred prospective Member has paid all applicable fees due upon joining AH.
10.6 The prized membership has no monetary value and cannot be assigned to any other member.
11. DATA PROTECTION
AH’s website: www.activhealth.co.uk.
12. LIMITATION OF LIABILITY
12.1 AH shall compensate the Member for any loss or damage the Member may suffer in the event that AH fails to carry out its obligations under these terms or to a reasonable standard or breaches any duties imposed on AH by law unless the loss or damage is caused by:
A) The Member’s own error or omission; or
B) A third party unconnected with the services provided by AH under these terms; or
C) Events which AH or its suppliers could not have reasonably foreseen.
12.2 The Member acknowledges that they are solely responsible for the safe keeping of their own personal property and AH will not accept liability for any loss or damage to personal property of Members or their guests.
12.3 The Member shall be responsible for any costs, interest, charges or fees where the Member is in breach of this Agreement whether these are owed to AH or a third party.
12.4 AH’s maximum liability under this Agreement shall be limited to the total sums paid by the Member to AH.
13.1 If any part of this Agreement is judged to be invalid, illegal or unenforceable by a court of competent jurisdiction, the parties agree that such part of the agreement will be severed while the remaining terms of this Agreement shall survive and continue to be enforceable and legally binding on the parties.
14. FORCE MAJEURE
14.1 In the event of a force majeure, AH shall endeavour to inform the Member of the details of the intervening event and notify the Member of the appropriate measures to be taken.
14.2 If an instance of force majeure leads to the interruption of the Services or the closure of the AH Facilities for a period of more than 14 days AH will be released from its obligations under this Agreement for the period when the Services are interrupted. If in the case of force majeure the fulfilment of the
Service is totally prevented on a continuing basis, then AH shall be entitled to terminate the Membership.
14.3 Claims for damage shall be expressly excluded in the event of a force majeure, and this shall include but not be limited to instances of: Strikes and lock-outs, natural disasters, severe weather, geological changes, war, intervention by state or authority.
15. GOVERNING LAW AND JURISDICTION
15.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be construed in accordance with English law.
15.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that cannot be resolved by alternative dispute resolution.
15.3 GIFT AID
15.4 If I have ticked the box headed “Gift Aid”, I confirm that I am a UK income or Capital Gains taxpayer. I have read this statement and want Active health’s designated charity to reclaim tax on the donation detailed on the reverse, given on the dates shown. I understand that I must pay an
amount of Income Tax and/or Capital Gains Tax in the year at least equal to the amount of tax that all the charities I donate to, will reclaim on my gifts for that tax year. I understand that other taxes such as VAT and d Council Tax do not qualify. I understand the charity will reclaim 25p
of tax on every £1 that I have given