Membership Terms and Conditions

Introduction

Introduction

This is an Agreement between you {1:Member Name}, and The Conditioning Club Ltd, a company registered in England And Wales (registration number 073862675), whose registered office is at Unit 27 Horcott Industrial Estate Fairford ("The Gym", "The Club", "our", "us" or "we"). A copy of this is accessible via the website www.theconditioningclub.com.

By completing the joining process at our website and becoming a member of The Club, you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them all.

You understand that if you terminate the agreement or stop the automatic membership payment arrangement in a manner not described in the agreement, you may be liable to The Conditioning Club for damages for breach of contract.

Starting your Membership

1. Our joining process is an online process. Full membership price can be found on our website (www.theconditioningclub.com), to be selected by you as part of the joining process. By completing the online joining process and becoming a member of The Conditioning Club, you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.

2. This Membership Agreement starts once you have accepted the terms during the online joining process. By accepting the terms, you are agreeing to pay any applicable Monthly Membership Amount. Subject in each case to any Promotional Rate that may be payable for a limited period only. These are shown at the start of the joining process and again before you confirm your payment instruction.

4. During the online joining process your membership will start immediately after payment is confirmed. You may need to allow a few minutes for the system to register your membership app for door entry.

5. When joining you agree to pay the pro-rata rate of the remaining month prior to the first full month of your membership start.

6. You agree to comply with the Gym Members Rules and you agree to use the gym facilities and equipment in the proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury you suffer through the incorrect use of our equipment or facilities.

7. You confirm that you are at least 16 years old.

8. You will be liable for any damage caused to our equipment or facilities through your negligent use.

9. You agree to tell us immediately of any changes to your personal details, including contact information; this should be done via email to info@theconditioningclub.com.

Member health agreement declaration

You warrant, declare and acknowledge that:

1. The information given by you in entering this agreement is correct and will be relied upon by us.

2. Our staff, agents and subcontractors are not medically trained, and should you have any concerns with your health and fitness you should seek independent medical advice before engaging in any physical activity on our premises.

3. To the best of your knowledge and belief, you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well-being or physical condition. Further, that you will advise us immediately should your health or vulnerability to injury change.

4. If you have deemed yourself to have any pre-existing medical issues, you have seeked advice from an independent medically trained professional prior to joining the club and are following the guidance set by them.

You are primarily responsible for your health and wellbeing, but we at The Conditioning Club are concerned that you enjoy our facilities safely. To that end we consider that we should expect the following of each other.

From us:

• Whilst we will respect your decision over your training regime, we reserve the right to ask you not to exercise beyond what we reasonably believe to be your personal ability.

• We shall endeavour to maintain a safe environment for you to enjoy your exercise.

• We shall endeavour to ensure that any staff are qualified to fitness industry standards.

• We shall always keep confidential any information that you give us regarding your health.

If you are a wheelchair or disabled user, we require you to have an induction to ensure your safe use of our facilities and equipment.

Using the gym

1. You are entitled to access and to use the gym defined by your Membership until termination or suspension of that Membership pursuant to this Agreement.

2. We will make reasonable endeavours to make available to you the rights and privileges of Membership of the gym. This includes access to the gym and gym equipment, changing areas, staff and independent self-employed trainers for general advice. We will make reasonable endeavours to communicate to you in advance if we are unable to make available to you the rights and privileges of Membership.

Changing your Membership

1. If you make regular Monthly Membership Amount payments you may Freeze your Membership at any time and for a maximum period of 6 months, you must send an email to info@theconditioningclub.com stating when you would like to freeze the membership and for what period of time. When your Membership is frozen, your access will be deactivated.

2. If you have a discounted Membership and you change to a new Membership product, you will waive the right to the discount (or any Promotional Rate) on the original Membership and pay the standard price on the new Membership.

3. If you have a discounted Membership and your Membership is terminated, you will waive the right to the discount and pay the advertised Membership Amount or Monthly Membership Amount if you later choose to re-join The gym.

4. We may, with reasonable notice and at our discretion, close our premises for reasonable periods of time to carry out maintenance, repairs, refurbishment, cleaning or for other reasons outside of our control, including at least 2 days a year for necessary maintenance or other work. We will endeavour to reopen facilities as soon as is reasonably possible in these circumstances. You agree that you will not be eligible for any refund for the temporary interruption in services during the period.

Managing your permissions and data

1. There are certain email and SMS communications which it is necessary for us to send to all members, in connection with their Membership. In order to do so we will process your personal data for the purposes of performing our contractual obligations to you under the terms of your Membership. You cannot opt out of these communications. You may opt out of email and SMS communications that we may otherwise send for promotional or marketing purposes, but if you do we cannot be held responsible for any loss incurred by you not receiving gym-related communications. All processing of your personal data will be in accordance with our Privacy and CCTV policy.

2. For the safety and security of you, our other members and our staff, and for associated purposes of crime prevention and detection, we operate 24-hour CCTV security at the gym. The images will be captured, processed and retained in accordance with our separate Privacy and CCTV policy. Access to such footage will also be governed by the provisions of that policy.

3. We will securely store personal data including membership information and recorded CCTV footage in accordance with our privacy policy.

4. You can contact us with any queries or concerns by emailing info@theconditioningclub.com from (or quoting) the email address that we hold for you.

Membership Types:

By signing up to these memberships, you accept each membership has a minimum 1 month commitment. After the 1 month you must give written confirmation for any cancellation you wish to do by giving 1 months notice via email to info@theconditioningclub.com.

1. Annual Membership - Full access membership to the gym during opening times via bluetooth reader door access. This is a minimum 12 month sign-up and if cancelled early you are not entitled to a repayment of any outstanding period of time on the membership.

2. Standard/Peak Membership - Full access membership to the gym during opening times via bluetooth reader door access

3. Off-Peak Membership - Access membership to the gym during the opening times of 10am - 4pm and 8pm-10pm of weekdays. Saturday and Sunday are 10am-10pm entry times via bluetooth reader door access. You will not be able to access the gym at times not stated here.

4. Buddy Membership - Full access membership to the gym during opening times via bluetooth reader door access. This membership includes an additional member to one paying member. Billing will come from the main members account.

5. Passes/Visits Membership - Full access membership to the gym during opening times via bluetooth reader door access. You are only able to access the gym for the pre determined number of visits as stated on the membership type name. (e.g 1 Visit Pass = 1 time visit).

Payment

1. If your Membership has an initial Membership Amount fee, you agree to pay us the full Membership Amount by credit or debit card. You will be notified of any applicable Membership Amount at the end of the online joining process, and this amount will be confirmed to you by email.

2. If your Membership has a recurring Monthly Membership Amount fee, you agree to maintain a Direct Debit instruction with your bank for the Monthly Membership Amount. Your first Monthly Membership Amount is due on the date shown during the online joining process (which will also be confirmed to you by email), and subsequent Monthly Membership payments will be due on the same day of each month until your Membership is cancelled.

3. If the terms on which you are accepted as a Member include an initial Promotional Rate, you agree to pay the discounted Promotional Rate as a recurring Monthly Membership Amount during the introductory period specified in the promotional or introductory offer and that thereafter we may debit for the higher standard Monthly Membership Amount specified in the promotional offer (or such higher rate as might apply) in respect of each successive month after the introductory period has lapsed and unless or until your Membership is cancelled.

4. We reserve the right, at our discretion, to change your Monthly Membership Amount fee. If this happens we'll notify you by email not less than 3 weeks before the change is made. You are able to cancel your membership within this period, and if we don't hear from you within the period the new Monthly Membership Amount fee will apply automatically.

5. You agree to pay us the Monthly Membership amount regardless of whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason no refunds will be due.

6. If any payment due from you is returned unpaid or not honoured, you will pay us on demand an Administration Fee of £15.

Ending your Membership

1. You have the right to cancel this Agreement within 14 days from the start of the Agreement without giving any reason, but you must let us know you wish to do so within the 14-day period. You may email us at info@theconditioningclub.com.

2. In case of dispute you must show that you cancelled the Agreement in accordance with the cancellation terms, but for these purposes it will be sufficient to show that you sent your communication concerning your exercise of the right to cancel before the cancellation period had expired.

3. If you have requested an immediate membership start date and you cancel your Membership within the 14-day period you will receive a refund of payment minus number of days into the month at pro-rata.

4. After the 14-day cancellation period you may terminate your Membership at any time by emailing info@theconditioningclub.com with a minimum of one full paying months written notice. This is dependent on minimum month sign up period to your chosen membership type (e.g 3 months on standard membership).

5. We will terminate this Agreement and your Membership with immediate effect if you do not pay any applicable Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due.

6. We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of the Gym Membership Rules. In this event you will no longer be able to access any of our facilities and we will not give any refund.

7. If we do not terminate your Membership if you breach any of the Gym Membership Rules, or if we give you extra time to pay if you do not pay your Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due, that will not prevent us from subsequently enforcing the terms of this Agreement.

8. We may assign the benefit of this Agreement and our rights to a third party provided we give you notice and your rights under this Agreement will not be prejudiced.

9. We consider the safety of our members and our staff to be paramount. We reserve the right to refuse any application for Membership or terminate an existing Membership where we consider that that Membership may pose a risk to the health and/or safety of other members or staff. If this happens, we will notify you of this and refund all unused Joining Fees, Administration Fees, Membership Amount or Monthly Membership Amount.

Additional services

1. Personal Training Sessions and "additional services" do not form part of this Agreement and are not provided by The Conditioning Club ltd.

2. Any "additional services" (including, for example, Personal Training Sessions) which you contract for or agree to pay for, do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any agreement for "additional services", you are entering into an agreement with those individuals and not with us.

3. We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing the "additional services" which are specifically excluded from the Membership Agreement and We do not accept any responsibility for the same save where precluded by law.

4. We may provide induction services or personal reviews of your training needs. Such services are provided without additional charge.

Limitation of Liability

You agree that, except for any legal responsibility that The Conditioning Club Ltd cannot exclude in law (such as for death or personal injury), The Club Owner is not legally responsible for any: (i) losses that (a) were not foreseeable to me and them when the contract was formed or (b) were not caused by any breach on the part of Club Owner or Licensor; (ii) business losses; or (iii) losses to non-consumers.

Access

You understand that only authorised members or guests may access the Club and you are not permitted to share the access app with anyone else. The access app has been issued to enable you to securely access the Club in accordance with the terms of your membership. If you breach this your membership will be terminated immediately and you forfeit any outstanding period remaining on your membership.

Other clauses

1. Only you, the person named in the online joining process, can benefit from this Agreement.

2. If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.

3. The Conditioning Club ltd, its parent companies, its agents, employees and subcontractors are not liable for any loss, damage or theft of any of your property that you bring onto any of our premises. If such loss, damage or theft is caused by the negligent acts or omissions of The Conditioning Club or its agents, employees or subcontractors, our liability to you will be limited to £500.

4. We may make reasonable changes to the Gym Membership Rules and the Membership Agreement at any time. It is your responsibility to check online at regular intervals for changes to these documents.

5. This Agreement is governed by the law of England and Wales.

6. You should print a copy of this Agreement for future reference.

Last updated: 7/12/2022