B! Health & Fitness

TERMS & CONDITIONS

THESE ARE OUR

TERMS & CONDITIONS

Definitions:
B! Health and Fitness Ltd :”we”, “us” or “our”;
Customer = “you”;

  1. 1. MEMBERSHIP
    1. Your membership commencement date is the day when your membership application is successfully completed.
    2. You will be entitled to all the rights and privileges extended to you for the type of membership chosen.
    3. You may have to pay an activation fee when you apply for membership.
    4. If you are 16-17 (inclusive) your parent or guardian must sign this agreement on your behalf. By signing this agreement your parent or guardian agrees to be responsible for your behaviour and actions at all times and to pay us any amounts that are due on your behalf. When you reach 18 your junior membership will end. You will automatically and immediately become a full adult member on the same monthly or annual basis as your junior membership.
    5. If you did not sign up on our premises, you have 14 full days after signup to cancel this contract for any reason. To exercise this right, you must inform us of this by post, email or telephone using the details provided. Alternatively, you can notify us in writing or by email to bmemberships@gmail.com. If you exercise this right to cancel, we will reimburse you all activation and membership fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service before requesting to cancel, then the activation fee will become non-refundable and you will be required to pay a fee for the number of days between signing up and your cancellation notice. You will be billed at our casual rate for services used.
  2. 1A. MONTHLY MEMBERSHIP
    1. Your monthly membership will run for the initial period which, dependent on your agreed membership period, will be 6 or 12 calendar months / payments (“Minimum Period”).
    2. You may be required to pay an initial membership fee which will be a pro rata membership payment for the period between completing your membership application and the first Direct Debit being taken. If so, the initial membership fee will be added to your first months direct debit.
    3. Approximately one week after you make your membership application, we will collect the first monthly payment by Direct Debit through GoCardless. Membership payments will then be collected monthly in advance around the anniversary of your membership commencement date or the next available working day if a weekend. Monthly fees are payable even if you do not use the club.
    4. The Minimum Period commences on the day that the first Direct Debit is taken. Dependent on your agreed membership period this will be followed by either 5 or 11 monthly payments.
    5. Once the Minimum Period has expired your membership will continue indefinitely on a rolling monthly basis until cancelled by you (“Automatic Renewal”). Direct Debit payments will continue to be collected by us as agreed at the time of setting up the Direct Debit Instruction.
    6. We may change the amount of your rolling monthly membership payments. If we do we will write to you at the email address you have given us 30 days before the changes take place.
    7. If you want to cancel your membership at the end of the Minimum Period, you must give us one calendar months’ notice which must be received before the first day of the final month of the Minimum Period. If you wish to cancel your membership at any time after the Minimum Period, you must give a full calendar month of notice.
    8. Notice should be in writing by e-mail to bmemberships@gmail.com. If you give us notice but we do not receive it before the first day of the final month of the Minimum Period, we will treat your notice as if we received it on the first day of the following monthly period and your membership will not end until the last day of that monthly period.
      TERMS & CONDITIONS
    9. Your cancellation notice is not effective until we have received it and it is your responsibility to obtain proof of delivery/receipt.
    10. If you cancel your membership or breach this contract during the Minimum Period, other than in the circumstances set out above, we shall be immediately entitled to a termination payment (“Termination Payment”).
    11. The Termination Payment will be the total of:
      1. Any arrears; and
      2. The monthly payments that would otherwise have fallen due before the end of the Minimum Period.
    12. Should membership fee arrears remain outstanding, we will pass the debt to Lackfords Debt Recovery & High Court Enforcement Agency. This will incur an additional administration fee equal to 15% of the outstanding balance plus VAT.
  3. 1B. ANNUAL MEMBERSHIP
    1. Your membership fee is payable on commencement of your membership and thereafter annually in advance. Each annual payment entitles you to a year’s membership and a bonus month which will be credited to the end of your membership.
    2. If you do not wish to renew your annual membership after 12 months your membership will cease at the end of the 13th month.
  4. 2. TERMINATION
    1. Annual membership and, during the Minimum Period of a monthly membership, your membership may only be cancelled early at our absolute discretion.
    2. Activation fees are non-refundable and non-transferrable. If you cancel and wish to re-join at a later date, you will be required to pay the fee again.
    3. You may transfer your membership to another of our gyms if you move home but this may mean you have to pay higher membership fees.
    4. Memberships and/or Direct Debit Payments may only be frozen at our absolute discretion. In the event of a freeze being approved, the initial term would be extended by the same period.
    5. We may cancel your membership at any time with one month’s written notice. Annual members will be entitled to a refund for the unexpired period of their membership. Monthly members will not be entitled to any refund.
    6. We may cancel your entire membership with immediate effect in the following circumstances:
      1. If you are abusive to other members or our staff, use rude or abusive language or behave or threaten to behave in a violent or aggressive way whilst on the premises.
      2. If you or your guest breach this membership agreement or the gym rules and you do not or cannot put it right within seven days of us writing to you about it.
      3. If, with your knowledge or permission, another person uses your membership card to access the facilities.
    7. If you miss one payment, we may suspend your membership which will prevent you from entering and using the facilities until your payment is made.
    8. If you miss two payments, you will be deemed to have breached your contract and your membership may be cancelled with immediate effect and we shall be immediately entitled to a Termination Payment.
  5. 3. USING OTHER GYMS
    1. As a member, you may be able to use our other gyms. Please ask your home gym for details, as certain restrictions apply.
    2. If your membership allows you to use our other gyms, at least 50% (half) of your visits each month (over a three-month period) must be to your home gym. If you use our other site more than your home gym,
      TERMS & CONDITIONS
    3. we have the right to transfer you to the gym you use the most. This may mean you have to pay higher membership fees.
  6. 4. MEMBER CONDUCT/HEALTH AND SAFETY
    1. You must comply with our Gym Rules, which form part of this agreement. These are displayed in the club. We may change the rules at any time. We will post notice of any changes at the club.
    2. We will not accept liability for any loss, damage or theft of any property you bring onto our grounds or premises while it is not in a locked locker. The most we will pay you for any loss, damage or theft to property while it is in a locked locker is £500 (for any one incident) if the loss, damage or theft is caused by our (or our employees’, agents’ or subcontractors’) negligence.
    3. We do not accept liability for the injury or death of any member, child or guest that may happen on the premises or within the grounds which is not caused by our negligence.. If you suffer an accident or injury on our premises, you must report it and the circumstances under which it happened, to a member of staff immediately.
    4. Nothing in this agreement limits any liability which cannot legally be limited, including but not limited to liability for:
      1. death or personal injury caused by negligence;
      2. fraud or fraudulent misrepresentation; and
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
    5. Some Personal trainers at our clubs may be self-employed. Any service they provide is charged at their determined rate and remains a contract between them and you. We cannot accept any responsibility if a personal trainer breaks the contract or is negligent.
    6. You are only permitted to leave your belongings in a locker whilst you are using the gym facilities. If you leave your belongings in a locker overnight, we have the right to remove any locking device and your belongings.
    7. Lockers remain our property.
    8. We do not guarantee that car parking is available at the gym site and you are only entitled to park on site whilst using the gym facilities. You park in the car park at your own risk. We do not accept liability for any loss or damage to your car, or personal belongings in it, while you are parked in our car park.
  7. 5. BOOKINGS AND ATTENDANCE
    1. You may have to pay additional charges to use certain other facilities/activities at the club. You can get details of these at our reception or by visiting our website. We can change these prices at any time.
    2. All members may book up to 7 days in advance. Where a payment is required all bookings must be paid for at the time of making the booking.
    3. Personal training and certain fitness classes are additional services between you and us and are non-refundable.
    4. Pre-booked personal training sessions and fitness classes may be switched by giving 6 hours’ notice of the start time. Further details regarding personal training will be made available before these services commence by way of the personal training agreement.
    5. Failure to switch your booking within the above time periods and non-attendance will result in the full cost of the booking being charged. This fee will be at the standard price applicable for that personal training session or fitness class. At the discretion of the Manager or his nominee exceptions may be made in special circumstances.
    6. All class bookings are subject to availability and may be cancelled if the minimum numbers are not achieved. We will endeavour to notify all attendees by telephone or text should this happen. All members booked onto that class will be automatically rolled forward to the following week.
    7. Club’s may open/close earlier during public holiday periods. Facilities may also close for occasional special events. Notices will be displayed in the club in advance notifying customers of any changes. No refunds will be available for these periods.
    8. We may change the clubs opening times or withdraw any of the facilities at any time if we need them for events, tournaments, exhibitions or other special activities.
    9. We may need to close a facility or part of it for repair/refurbishment on the grounds of health and safety, or improving customer service. Fitness classes may also have to be cancelled due to unforeseen instructor unavailability. In the above circumstances, we will use our best endeavours to give as much notice as is reasonably practicable either via email or by displaying notices in the club.
    10. Your membership does not give you priority over other users or guarantee the availability of facilities.
    11. Our management reserve the right to change the activity timetable and inclusion of PREMIUM classes. New timetables will be communicated in Club and made viewable on the member App.
    12. Promotions do not apply to existing members.