B! Health & Fitness

TERMS & CONDITIONS

THESE ARE OUR

TERMS & CONDITIONS

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

 

1. MEMBERSHIP
1.1. Your membership commencement date is the day when your
membership application is successfully completed.
1.2. You will be entitled to all the rights and privileges extended to you for the
type of membership chosen.
1.3. You may have to pay an activation fee when you apply for membership.
1.4. 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 in writing by post or email using
[email protected]. 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.
1.5. Must be 18 for all gym memberships. Minimum age for gym use is 16. If
under 18, contact [email protected] for further
information for our student gym use.
1.6. Parent Plus Membership
1.6.1. The parent, must be the legal parent or guardian of the dependent.
1.6.2. In the case of this membership, a dependent must be between 14
and 16 years of age.
1.6.3. The parent must be present in the club for the duration of their
training and this can only be during our staffed hours.
1.6.4. The parent accepts full responsibility for the dependant while on
club premises.
2. MONTHLY MEMBERSHIP
2.1. Your monthly membership will run for the initial period which, depending
on your agreed membership period, will be 6 or 12 calendar months /
payments (“Minimum Period”).
2.2. 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 month’s direct debit.
2.3. After a successful 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.
2.4. The Minimum Period commences on the day that the first Direct Debit is
taken. Depending on your agreed membership period this will be followed
by either 5 or 11 monthly payments.
2.5. 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.
2.6. 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.
2.7. 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.
2.8. Notice should be in writing by email to
[email protected] 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.
2.9. Your cancellation notice is not effective until we have received it and it is
your responsibility to obtain proof of delivery/receipt.
2.10. 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”).
2.11. The Termination Payment will be the total of:
2.11.1. Any arrears.
2.11.2. The monthly payments that would otherwise have fallen due before
the end of the Minimum Period.
2.12. We require payment to terms. Payment must be made on time, in full, and
without any deduction, set off or counterclaim. In the event that an
account is outstanding, we will refer the matter to our debt collection
agents, Daniels Silverman Limited, which will incur costs. Any costs
incurred to collect the debt will be added to the debt and payable by you.
You agree that you will be legally liable to pay us that surcharge, and that
payment of the same can be enforced against you in court.
3. ANNUAL MEMBERSHIP
3.1. 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.
3.2. 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. TERMINATION
4.1. Annual membership and, during the Minimum Period of a monthly
membership, your membership may only be cancelled early at our
absolute discretion.
4.2. Activation fees are non-refundable and non-transferrable. If you cancel
and wish to rejoin at a later date, you will be required to pay the fee again.
4.3. 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.
4.4. 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.
4.5. We may cancel your membership at any time with one month’s written
notice.
4.6. Annual members will be entitled to a refund for the unexpired period of
their membership. Monthly members will not be entitled to any refund.
4.7. We may cancel your entire membership with immediate effect in the
following circumstances:
4.7.1. 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.
4.7.2. 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.
4.7.3. If, with your knowledge or permission, another person uses your
membership card to access the facilities.
4.7.4. 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.
4.7.5. 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. USING OTHER GYMS
5.1. As a fully paid up and active Silver, Gold or Platinum member (6 or 12
month contract), you have access to all B! Health & Fitness gyms.
6. MEMBER CONDUCT/HEALTH AND SAFETY
6.1. You must comply with our Gym Rules, which form part of this agreement.
These can be found on a separate document, and are displayed in the
club. We may change the rules at any time. We will post notice of any
changes at the club.
6.2. 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.
6.3. 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.
6.4. Nothing in this agreement limits any liability which cannot legally be
limited, including but not limited to liability for:
6.4.1. Death or personal injury caused by negligence.
6.4.2. Fraud or fraudulent misrepresentation.
6.4.3. Breach of the terms implied by section 2 of the Supply of Goods
and Services Act 1982.
6.5. 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.
6.6. 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.
6.7. Lockers remain our property.
6.8. 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. BOOKINGS AND ATTENDANCE
7.1. 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.
7.2. 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.
7.3. Personal training and certain fitness classes are additional services
between you and us and are non-refundable.
7.4. Pre-booked sessions may be switched by giving notice of the start time.
For personal training sessions the notice period is 6 hours’ and 3 hours’
notice is required for fitness classes. Further details regarding personal
training will be made available before these services commence by way
of the personal training agreement.
7.5. Failure to switch your booking within the above time periods and nonattendance
may 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 and may be added to the following month’s
membership. At the discretion of the Manager or his nominee, exceptions
may be made in special circumstances.
7.6. All class bookings are subject to availability and may be cancelled if the
minimum numbers are not achieved. We will endeavor 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.
7.7. 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.
7.8. Staffed hours can be subject to change. In the event of staff illness or
extreme circumstances our staffed hours may need to be changed
without notice but this will always be communicated via the club app.
7.9. 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.
7.10. 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 endeavors
to give as much notice as is reasonably practicable either via email or by
displaying notices in the club.
7.11. Your membership does not give you priority over other users or
guarantee the availability of facilities.
7.12. Our management reserves 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.
7.13. Promotions do not apply to existing members.