Definitions...
“Administration Fee” A one-off fee payable by you to commence your membership. It is not refundable other than in the event of breach or negligence by us.
“Club” The Exercise Hub Ltd
“Club Rules” or “Rules of Membership” The club rules relating to opening hours, use of facilities and your conduct within the “Club”.
“Commitment Period” The period you have committed to being a member of the “Club”.
“Direct Debit Payment”
The monthly membership fee paid by direct debit.
“General Manager” The term General Manager can also relate to a Manager, Club Manager or Owner.
“Health Commitment Statement” Your health is your responsibility. The management and staff of The Exercise Hub Ltd are passionate about empowering you to transform your life and help you take every opportunity to enjoy our facilities. Bearing this in mind, we have carefully considered what we can reasonably expect of each other and this is contained within the Health Commitment Statement that you would have read as part of your sign-up process;
“Member” You have agreed to become a member of The Exercise Hub Ltd and pay the relevant membership fees due.
“Member’s Details” The information recorded as part of the membership joining process used to complete your direct debit payment and your membership.
“Monthly Membership Fee” The amount you are required to pay each month for a standard annual membership.
“Notices” Notices from you to the “Club” must be in writing, preferably via email or, where available, via the members area of the website.
“Personal Trainer” An individual certified to have a degree of knowledge of general fitness involved in exercise prescription and instruction.
Predominantly, Personal Trainers motivate clients by setting goals and providing feedback and accountability to members.
Principle Terms
1. This agreement is made between you and The Exercise Hub Ltd.
2. This agreement commences once you have indicated your acceptance either at the Club premises or in the “Declaration” section of the 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, please cancel your membership via email or in person. We will email you to confirm your cancellation. If you exercise this right to cancel, we will reimburse you the Membership Fee payments received from you using the same means of payment you used for the initial transaction.
3. 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.
4. The Exercise Hub Ltd provides Direct Debit payment services to you and administers its agreement with you, in consideration for which you agree to pay all the fees and charges associated with your “Membership”, as set out below, to the “Club”.
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Membership
1. Anyone wishing to become a member of the “Club” must complete the membership sign up process, either at the premises or online via the website. The “Club” reserves the right to reject any application for membership without giving any reason for so doing. By ticking the ‘agree to Terms and Conditions’ box on the screen during the sign-up process the member agrees to comply with these Terms and Conditions of Membership and the Club Rules.
2. You will only be permitted to use the “Club” facilities provided your membership is current and fully paid up or you have made payment arrangements acceptable to the “Club”.
3. The minimum age to become a member is 16. If you are aged between 16 and 18 you must sign up in the “Club” with relevant ID and whilst accompanied by a parent or guardian.
4. Membership Categories: The “Club” may offer different categories of membership. On joining, your choice of category will determine the fees payable and any restrictions that may apply to your use of the “Club” facilities. You may choose to change to any other available membership category by giving 30 days’ notice to the “Club”.
5. The “Club” reserves the right to alter the operating and/or opening hours of the “Club”. Where possible, the “Club” will always attempt to give at least 30 days’ notice to all members.
6. If you have signed up online choosing a discounted membership (for example – Student) you must bring valid identification (for example – NUS card) on your first visit for verification purposes. Failure to do so will result in the “Club” having the right to change your membership category.
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Duration
1. When you join the “Club” you are agreeing to remain a member for a “Commitment Period”, the duration of which will depend on which membership type you have chosen. Your membership will automatically continue, on a rolling monthly basis, for the duration of the “Commitment Period”. Throughout this period a 30-day notice to terminate, starting from your next scheduled payment date, will apply. If notice is given on your actual date of payment the 30-day notice will serve from then.
2. The “Commitment Period” for ‘Annual Contract’ membership will end on the first anniversary of your date of joining.
3. If you choose to pay your membership fees monthly, via Direct Debit, your “Club” membership will be renewed automatically after the “Commitment Period” end date.
4. If you choose to join the “Club” by paying your membership fee in advance, your “Club Membership” will terminate automatically on expiry of the “Commitment Period”.
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Fees
1. The “Club” will set the level of membership fees and reserves the right to change them from time to time. The fees payable shall be determined according to the type and category of membership.
2. Membership fees are not refundable by the “Club” under any circumstances.
3. Where applicable and unless otherwise stated, pre-sale membership introductory offers will be valid for three months after the “Club” opening date. At the three-month point, pre-sale introductory prices will automatically increase to the current relevant membership fee.
4. If your bank fails to make a due Direct Debit payment from your account, we will write to advise you of this. We may apply to your bank for payment by Direct Debit twice within one calendar month and reserve the right to refer any missed or overdue payments to a debt collection agency. In such cases an administration charge will be applied.
5. Should any membership fees not be paid within 30 days of the due date, the full membership fee for the remainder of the commitment period will automatically become due and payable.
6. Any unpaid and overdue membership fees referred to a debt collection agency will be subject to an administration charge to cover the collection costs incurred. This surcharge, together with all other charges and legal fees incurred in the collection of the overdue membership fees, will be the responsibility of the member and will be legally recoverable from the member.
7. All club membership fees will be reviewed periodically, but we will give you at least 30 days’ notice.
8. We may charge a reasonable fee for any of the following: replacing lost membership cards/fobs, changing and/or updating membership category and transferring memberships.
Suspension of Membership (‘Freezing’)
A “Member” may, if he/she is unable to make use of the “Club” facilities and at the discretion of the “Club”, suspend their membership for one continuous period of at least 30 days and a maximum of six months, in any 12 month period. Written notice must be given to the “Club”, which reserves the right to request a doctor’s certificate. A reduced monthly fee may be charged by the Club during the suspension of membership. Any authorised suspension during the “Commitment Period” will extend the length of the “Commitment Period” by the number of weeks your membership is put on hold.
Termination of your membership by the “Club”
We may terminate this agreement in the following circumstances:
• You commit a serious or repeated breach of this agreement or the “Club” rules of membership and the breach, if capable of remedy, is not remedied within seven days of receipt of a default notice.
• Any part of your membership fee remains unpaid 30 days after its due date.
• You knowingly provide us with false information when applying for membership and doing so would have reasonably affected our decision to grant you membership.
• You engage in any illegal activity or activity which we deem to be unacceptable behavior.
If we terminate for any of these reasons, we reserve the right to retain a proportion of the money paid under this agreement, to cover any reasonable costs incurred.
Termination by you, the Member (ending your membership)
Please note that if you completed your membership agreement before joining the club, you have a period of 14 days from sign-up in which to cancel your membership. This right to cancel will cease once you visit the club or the 14-day period has elapsed, whichever is the earlier.
After your “Commitment Period” (or within the last 30 days of your “Commitment Period”) you may end your membership by giving us notice. If, however, you wish to cancel your membership during the commitment period, you can do so if any of the following criteria are met and your request is made in writing, accompanied by documentary evidence.
• Relocation: This agreement can be cancelled if your new permanent address is more than 15 miles away from the “Club” premises and upon receipt of a copy utility bill or bank statement showing the new address.
• Long term (lasting over three months) illness or injury: This agreement may be cancelled in the event of an illness, injury or medical condition which, following receipt of a written report or certificate from a doctor or other suitably qualified medical practitioner, prohibits exercise for three months or longer.
• Redundancy: This agreement can be cancelled upon appropriate proof of redundancy from your employer or other loss of livelihood.
• Pregnancy: Upon receipt of written proof being provided, this agreement can be cancelled if you become pregnant.
Please note - Any cancellation for the above reasons will not be accepted until the appropriate proof is provided and received by the “Club”, either in writing or via email.
• Breach: This agreement can be cancelled if we are in breach of contract, including if we fail to provide the facilities or services you may reasonably expect, and we have fallen well below that standard.
Assuming you have met the above criteria, we will email you to confirm if any further payments are due and until what date you will have access to the Club.
Remember - simply stopping paying your fees is not the same as giving notice. If you stop paying, but do not give us notice, under the terms of your contract you must continue to pay your fees. As mentioned above, we reserve the right to refer any missed payments to a debt collection agency. We, or our agents, may charge a fee for missed payments and/or letters sent to you in respect of unpaid membership fees.
When cancelling your membership, you must give us 30 days’ notice from your next scheduled payment date. Any payment due during that period will be your last and your membership will continue for the period you have paid for.
For example - if your membership payment usually comes out on 10th of the month and you give written notice on 5th July, your 10th July payment will be your last and you can use the “Club” until 9th August.
Membership Access
“Membership Access” ID will be issued to all members upon joining the “Club” and is required to gain entry to the gym. “Membership Access” is not transferable and anyone allowing their access to be used by another person is in serious breach of these “Membership Terms and Conditions”. Such an action will entitle the “Club” to terminate membership without notice in accordance with Clause 8 above and without return of any prepaid membership charges.
If your membership ID is lost it should be reported to the “Club” immediately and the “Club” reserves the right to charge an administration fee for the provision of a replacement.
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Club Rules
The “Club” may amend the “Club Rules” from time to time to ensure the health and safety of its members. Temporary amendments will be displayed in the “Club” premises and permanent changes will only be made after at least 30 days’ notice to members, except in the case of emergency.
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Opening Hours
1. The “Club” opening hours, as amended from time to time, are displayed at reception and are available on the website.
2. The “Club” reserves the right to adjust the availability of certain facilities or close on a temporary basis for the general purpose of cleaning, decorating, carrying out essential repairs, maintenance of equipment, special functions, staff training and holidays. Membership refunds will not be made in the event of any ad-hoc closures due to maintenance issues.
Restriction of Liability
The “Club” will not accept liability for any loss, damage to or theft of money, valuables or other personal property of members and guests. Nor will the “Club” accept liability arising from acts or omissions of third parties using the facilities, such as yoga classes or self-employed class instructors. Property is stored at the owner’s risk and no liability for loss or damage thereto will be accepted by the “Club”.
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Health & Safety
1. Members must read all Health and Safety notices displayed in the “Club” and comply with their recommendations.
2. The “Club” has a zero-tolerance policy on the use, sale or purchase of illegal drugs or non-prescription steroids on the premises and reserves the right to eject, terminate and ban any member or guest contravening this.
3. Members must sign a Health Commitment Statement prior to using the facility. This forms part of the sign-up process when joining online. Members who are unable to sign must provide a doctor’s note stating that they are well enough to exercise.
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Sale of Club
In the event of the sale or disposal of the “Club” to another company or any other individual, we may transfer your membership to the new owner. You may then continue as a member of the “Club” and pay your membership fees, provided no changes to these terms or the “Club” rules are introduced by the new owner, which have a material adverse effect on your use of the “Club”. Any such disposal will not affect your contractual or statutory rights.
Your Personal Data
Access to all personal data collected from you in connection with your membership is dealt with in accordance with The Exercise Hub Ltd privacy agreement, which can be downloaded from our website and the Data Protection Act 2018.
Changes and Amendments
The Exercise Hub Ltd may amend the terms and conditions of this membership at any time by reasonable notice, including and without limitation by posting revised terms on its website https://www.theexercisehub.co.uk.These amended terms and conditions shall be binding upon you.