Premier Gym & FitnessMembership Terms & Conditions
- These terms
- Information about us and how to contact us
- Our contract with you
- Physical condition
- Car parking
- Our rights to make changes
- Providing the services
- Your rights to end the contract
- Our rights to end the contract
- If there is a problem with the services
- Price and payment
- Our responsibility for loss or damage suffered by you
- How we may use your personal information
- Other important terms
- THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply services and facilities at Premier Gym & Fitness (“The Gym”) to you.
1.2. These terms tell you who we are, how we will provide services to you, how you and we may change or end the membership you have with The Gym, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, or require any changes, please contact us to discuss.
2.INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are? We are Premier Gym & Fitness a company registered in England and Wales.
2.2. How to contact us. You can contact us by telephoning 01626 362 667 or by writing to us at Premier Gym & Fitness, Olympus Industrial Park, Newton Abbot, Devon. TQ12 2SN
2.3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
3.1. A contract (30 days’ notice period) will come into force between you and us once you have signed this membership contract (“the Contract”) and paid to Us the Membership Fees.
4.1. Use of the services and facilities is available to you only whilst you are a Member under this Contract.
4.2. Applicants for membership must be at least 16 years old. Application is by completion of an official application form and direct debit mandate, submitted to us together with payment for either a full year’s service or the first month’s/pro rata fee.
4.3. Upon joining a membership card will be issued.
4.4. You must present your membership card for entry to Premier Gym & Fitness and at any time you are in the facility upon request. Your membership card remains our property and on termination it must be returned to us. A fee will be charged for issuing a replacement for lost or stolen cards.
4.5. You must not loan your membership card to or permit its use by anybody else.
4.6. Joint and/or family members must live at the same address. Joint or family membership fees must be paid when due in one single payment. Where the membership contract is signed by a joint or family member their obligations shall be joint and several. Any notice or communication given or sent by one person from a joint or family membership shall be deemed to have been given or sent by all other members of such joint membership.
4.7. All changes to a member’s personal details must be communicated to us in writing. Failure to communicate such details may result in missed communication and membership being terminated.
4.8. Each period of membership lasts for one month from the initial date this Contract starts. We may refuse renewal.
- PHYSICAL CONDITION
5.1. In applying for membership, the member warrants and represents that they are capable of all forms of exercise they will undertake with us and that such exercise will not be detrimental to their health.
5.2. If you have any doubts about your fitness or capability to undertake physical exercise you should take independent medical advice before undertaking any exercise.
5.3. You should not use any of the facilities whilst knowingly suffering from any infection or contagious illness that could affect others within the club.
6.1. A limited number of lockers are provided for members’ use on a on a first come, first served, basis. Members are advised not to leave money or valuables in lockers. Lockers are emptied each night for security reasons. Any items left in lockers will be stored for a reasonable period of time appropriate to their value but will then be deemed abandoned and disposed of.
6.2. We will not be responsible for loss or damage to the property of members or their guests, whether in a locker or otherwise, unless this has been caused by our negligence or other breach of duty.
- CAR PARKING
7.1. Premier Gym & Fitness has a free of charge car park. Car parking spaces are provided on a first come, first served basis.
7.2. Your membership allows you to use the car park free of charge during your visit to Premier Gym & Fitness, subject to spaces being available.
7.3. No liability is accepted for loss or damage to cars (or property within them or attached to them) when parked at the car park and such cars and property shall be left solely at the owner’s risk save where loss has been caused by our negligence or other breach of duty.
7.4. Premier Gym & Fitness cannot guarantee parking availability for members.
- OUR RIGHTS TO MAKE CHANGES
Minor changes to the services. We may change the services to reflect changes in relevant laws and regulatory requirements or in ways which do not substantially affect the service we offer to you (for example we may make reasonable changes to the hours the gym is open, the equipment in it or any classes we offer).
8.1. More significant changes to the services and these terms. If we decide that it is necessary to make substantial changes to the services, we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
- PROVIDING THE SERVICES
9.1. You are permitted to use the facilities at Premier Gym & Fitness from the date of this contract until the expiry of the contract term.
9.2. We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of a delay exceeding 30 days you may contact us to end the contract and receive a refund for any services you have paid for but not received.
9.3. Reasons we may suspend the services. We may have to suspend the services to:
- Deal with technical problems or make minor technical changes;
- Update the services to reflect changes in relevant laws and regulatory requirements;
- Make changes to the services as requested by you or notified by us to you.
9.4. Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend all the services for longer than one month, we will adjust the price so that you do not pay for services while they are suspended.
9.5. We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to, we will suspend your membership. We will contact you to tell you we are suspending supply of the products. We will not allow use of the services until payment has been received for the monies owed.
- YOUR RIGHTS TO END THE CONTRACT
10.1. Cancelling your contract during the cooling off period. After you have joined you may cancel your membership for any reason within 10 days of joining. This is called the cooling off period. If you choose to cancel within these 10 days, we will give you a full refund of any fees paid.
10.2. What happens if you have good reason for ending the contract. After the cooling off period, you may cancel your contract within the contract period for the following reasons only:
- Serious illness
- Serious injury
- If you move house more than 30 miles away from Premier Gym & Fitness
- Your works relocates more than 30 miles away from Premier Gym & Fitness
- If we close for more than one month
10.3. Cancelling your contract. 30 days’ notice is required. You may cancel your contract by sending your notice in writing or by email to the Manager. The contract will not end until a full calendar month after the first day of the following month in which you contact us.
- OUR RIGHTS TO END THE CONTRACT
11.1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
- You do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to cancel your contract for you as detailed in Clause 10.2, this will result in payment being pursued for the outstanding period of your contract.
- Failure to comply with reasonable requests by Management, which may endanger individuals or inhibit the enjoyment of other participants.
- IF THERE IS A PROBLEM WITH THE SERVICES
12.1. How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us by telephoning 01626 362 667 or by writing to us at Premier Gym & Fitness, Olympus Business Park, Newton Abbot, Devon. TQ12 2SN
12.2. Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
12.3. Our guarantee in addition to your legal rights.
We offer the following goodwill guarantee which is in addition to your legal rights (as described in clause 12.1) and does not affect them. In the unlikely event there is any defect with the services:
- If remedying the defect is impossible or cannot be done within a reasonable time or without significant inconvenience to you, we will make an appropriate refund to you reflecting the extent that the services have been affected by the defect.
- In all other circumstances we will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as we reasonably can.
- PRICE AND PAYMENT
13.1. Where to find the price for membership: The price of membership will be the price set out in our price list in force at the date of your contract unless we have agreed another price in writing. We take all reasonable care to ensure that the prices of services advised to you are correct.
13.2. Members may pay their membership fees on a monthly basis. Fees paid monthly shall be payable in advance by direct debit from the member’s designated bank account on the 1st day of each month.
13.3. Membership fees will be reviewed annually. Members will be given at least 28 days’ notice in writing of any changes.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
14.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarized at clause 12.1.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1. How we will use your personal information. We will use the personal information you provide to us to:
- Provide the services; and
- Process your payment for such services.
15.2. We will only give your personal information to third parties where the law either requires or allows us to do so.
- OTHER IMPORTANT TERMS
16.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
16.2. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 12.3 in respect of our guarantee. Neither of us will need the consent of any person acquiring rights under our guarantee to end the contract or make any changes to these terms. This contract is personal to you and cannot be assigned or transferred.
16.3. Written Notices: Written notices that are required to be given by either party shall be sent using post or email to the address given in part of this contract (or such other address as a party may notify to the other) and any such notice shall be deemed served 2 days after posting.
16.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, which will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
16.6. Which laws apply to this contract and where you may bring legal proceedings: These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.