Tri-Fit Gym Membership contract
1. The Agreement: I agree to comply with the full Terms & Conditions of membership as set out in this agreement & the current edition of the Club Rules. I can only use the Club facilities if my membership is current and fully paid up.
2. Membership Commitment: My initial membership Commitment Period runs from the commencement date, on a standard rolling contract, or 6 months from the commencement date if you have opted for the free first month. The commencement date is the date your Direct Debit payment becomes active. By becoming a member I agree to pay the full amount due for this Commitment Period.
3. Termination: I may terminate my agreement with a full refund within a cooling off period of 14 days from the start date given above provided I have not used the club facilities. After my Commitment Period, I must give 1 full calendar months’ notice if I wish to cancel my membership. Cancelling my direct debit instruction or recurring subscription with my bank does not constitute service of notice. Notice must be given in writing to the Club at the email address hello@trifitgym.co.uk. See section 8 and 13 of the full terms & conditions for more information.
4. Membership Suspension: If I am unable to use the Club facilities due to illness or injury, I can request my membership is suspended for a continuous period of between 1 & 3 months in accordance with section 8 of the full terms & conditions.
5. Defaulting payments & charges: If my bank fails to make a direct debit or recurring subscription payment from my account, I will be contacted by my Club. Missed payments may incur a late fee & result in the suspension of my membership & refusal of entry to the Club. The Club reserves the right to refer unpaid arrears to a debt collection agency.
6. Privacy Notice: By signing this declaration I agree & accept that the Club may gather, process, store &/or use the personal data I disclose for the purpose of providing me with the services defined in my membership agreement. As the person who controls the data collected in this form, Tri-Fit Gym Ltd may use the information in accordance with the privacy policy available on request by email from Tri-Fit Gym Ltd at hello@trifitgym.co.uk. Tri-Fit Gym Ltd is satisfied that arrangements are in place to ensure an adequate level of protection for my rights & freedoms in relation to the processing of my data.
TERMS & CONDITIONS
1. Definitions:
1.1 Tri-Fit, We, Us, or Club: Tri-Fit Gym Ltd trading as Tri-Fit
1.2 Member or You: A member of Tri-Fit
2. Membership:
2.1 By signing this Membership Agreement you agree to comply with these Terms and Conditions of Membership and the current edition of the Club Rules as may be amended by Tri-Fit Gym Ltd from time to time at its discretion throughout your period of membership.
2.2 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.
2.3 By signing this Agreement you agree that Tri-Fit Gym Ltd may use the information set out in this form in accordance with the privacy policy which is available upon request from hello@trifitgym.co.uk. The data collected from you may be transferred out of the European Economic Area (EEA) to be processed on behalf and under the instruction of Tri-Fit Gym Ltd by a third party data processor.
3. Duration:
3.1 When you join the Club you are agreeing to remain a member for a minimum fixed commitment period commencing on the start date and ending on the fee commitment end date set out on the membership agreement (subject to extension if placed on freeze/suspension) (the “Commitment Period”). If you choose to pay your membership fees monthly your Club membership will continue automatically after the Commitment Period end date at the fee rate applicable to your membership type at that date, and your membership may be terminated by giving 1 months’ calendar notice expiring at the end of your next calendar month.
4. Membership Fees:
4.1 Tri-Fit Gym Ltd will set the level of membership fees and will review such fees periodically. We reserve the right to change the level of fees from time-to-time but guarantee that the level of your membership fees will not increase during your Commitment Period. We will give you at least 30 days’ written notice of any changes to the levels of membership fees.
5. Default and Late Payment:
5.1 If your bank fails to make a due direct debit payment, or your fail to pay your reccurring subscription from your account, we will write to advise you of this. We may apply to your bank for payment twice within one calendar month and we reserve the right to refer any missed due payments to a debt collection agency. We may charge a fee of no more than £15 for failed direct debit payments and of no more than £5 for letters sent to you in respect of unpaid amounts.
5.2 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. During any period in which your membership fees are not paid, Tri-Fit Gym Ltd may request your full outstanding arrears by direct debit or recurring subscription, suspend your membership and refuse you access to the Club.
5.3 Any unpaid and overdue membership fees referred to a debt collection agency will be subject to a surcharge of no more than £30 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 your responsibility and will be legally recoverable from you.
5.4 We may appoint a payment processing agent to receive and collect your monthly or annual payments made by direct debit/credit or failed recurring card subscription. There will be no extra cost to you for these processing services supplied by such agent.
6. Active Referral Scheme:
6.1 Tri-Fit Gym Ltd may operate a referral scheme from time to time whereby you will receive a financial or other benefit. Awarding of such benefits is at the complete discretion of Tri-Fit Gym Ltd.
7. Suspension of Membership:
7.1 If you are unable to make use of the Club facilities by reason of illness or injury, you may suspend your membership for one continuous period of at least 1 month and a maximum of 3 months. To suspend your membership, we have the right to request a doctor’s certificate to confirm your illness or injury.
7.2 A reduced monthly fee will be charged during the period of suspension of membership.
7.3 Any suspension during the Commitment Period will extend the length of the Commitment Period by the length of the period of suspension. Notice to terminate membership cannot run concurrently with a suspension period.
8. Cancellation:
8.1 Notice: Once your commitment period has expired you may terminate your membership with 1 full month’s calendar written notice. Notice must be sent to hello@trifitgym.co.uk, and you may only cancel within your commitment period under the circumstances listed in clauses 8.3-8.7 and by giving Tri-Fit at least 1 calendar month’s written notice.
8.2. The notice shall expire either on the Commitment Period end date or at the end of the following calendar month following your request. If you provide the one calendar months’ notice one month before the end of your commitment period, your membership will be terminated at the end of your commitment period. Cancelling your direct debit instruction or recurring subscription for the payment of fees is not sufficient and does not constitute service of written notice. In addition, verbally informing a member of staff nor SMS messages are not an accepted means to cancel a membership.
8.3 Cooling Off period: a 14 day Cooling Off period is calculated as follows: your membership start date is counted as Day 1 of the Cooling Off period. You may terminate your membership within the first 14 days of this agreement by giving notice to the manager of the Club in writing. If you cancel your direct debit instruction or recurring subscription for the payment of fees this does not constitute service of notice. If you terminate this agreement during the Cooling Off period, you will be entitled to the full refund of the initial payment made. You will only be entitled to terminate your agreement if you have not used the facilities since joining the Club.
8.4 Medical: you may terminate this agreement by giving Tri-Fit Gym Ltd at least 1 calendar months’ notice in writing to the Club Manager if you are unable to use the Club through serious illness or injury likely to preclude you from using the Club for a period of at least 6 calendar months. We reserve the right to require reasonable evidence of your illness or injury – e.g., doctor’s certificate. If you terminate your agreement after the Cooling Off period you will be entitled to the following: If paid in full membership – refund on pro-rata basis less any equipment purchased as part of your joining package; If payment is by direct debit or recurring subscription – you will need to pay the fee for one month’s membership in advance only and the cost of any equipment purchased as part of your joining package will be retained by the Club.
8.5 Relocation: You may request to cancel your membership if you move outside of a 5-mile radius of the location of the Club within the Commitment Period and you decide that it is not practical for you to attend the Club. Proof of your new address must be provided with your cancellation request. Documents which are acceptable as proof of your new address include: utility bills (gas, water, electric), council tax bill, formal tenancy agreement, house purchase agreement, all of which must be current (dated within the last 2 months) to be provided at the same time as the written notice of termination. If you terminate your agreement after the Cooling Off period you will be entitled to the following: if paid in full membership – refund on pro-rata basis less joining fee and the cost of any equipment purchased as part of your joining package upon returning the equipment to the Club in a resalable condition; if payment is by direct debit or recurring card subscription – you will need to pay the fee for one month’s membership in advance only and including cost of any equipment purchased as part of your joining package are retained by the club. The 5-mile radius is calculated as reasonable in the London area.
8.6 Redundancy: You may submit a cancellation request in the event you are made redundant from your main employment. Your request must include the provision of a redundancy letter if approved, your membership will terminate 1 calendar month after acceptance of cancellation. If you terminate your agreement after the Cooling Off period you will be entitled to the following: If paid in full membership – refund on pro-rata basis less joining fee and the cost of any equipment purchased as part of your joining package upon returning the equipment to the club in a resalable condition; if payment is by direct debit or recurring card subscription – you will need to pay the fee for one month’s membership in advance only and the joining fee and including cost of any equipment purchased as part of your joining package are retained by the Club.
9.Goods
9.1 If you change your mind about any goods purchased from us, you may return the item within 7 days with proof of purchase, and we will give you a full refund provided that the goods are unused and undamaged.
9.3 For the avoidance of doubt, we do not offer refunds on purchases of any kind of Goods or Services sold.
10. Safety Notices:
10.1 The Club is under 24-hour recorded video surveillance. You may not bring in guests at any time without prior written consent of the Club. Furthermore, if this policy is violated, at the sole discretion of the Club, you may be charged a guest fee and/or your membership suspended or terminated with the full membership fee for the remainder of the Commitment Period declared due and payable and a penalty of £125.
10.2 If the Club consents to you bringing guests, they must pay a guest fee.
10.3 It is your responsibility to wipe down the equipment and re-rack any weights used.
10.4 You are hereby required to use the safety features of the equipment. If you are unsure how to use a machine, you should not use it until you have obtained instructions from the staff or personal trainers.
10.5 You are responsible for familiarising yourself with the safety and security systems in the Club.
10.6 Abusive language, threatening or violent behaviour, abuse of equipment, use of alcoholic or illegal substances, and smoking at the Club may result in suspension or termination of your membership with the full membership fee for the remainder of the Commitment Period declared due and payable.
10.7 Photography is permitted within the Club, but members are asked to respect the privacy of others and avoid capturing and/or publishing images which also feature other members unless they have indicated their consent for this to occur.
10.8 From time-to-time we may gather photography and video footage from you class for marketing and social media purposes. We will make you aware this is happening, but if for any reason you do not wish to be in shot, you should let the photographer or instructor know and we will make sure you do not feature.
10.9 Members must read all Health and Safety notices displayed in the Club and comply with their recommendations at all times. In particular you must observe all instructions regarding the safe and proper use of each item of fitness equipment in the Club, recognising that at times the Club will be unsupervised and that at such times you should not use any item of fitness equipment with which you are not familiar or in respect of which you have not previously received induction training from a qualified member of staff at the Club.
10.10 For safety and security reasons, you may not be a member of Tri-Fit Gym Ltd Clubs unless you are at least 16 years-old unless accompanied by an adult.
10.11 In order to prevent the interference with certain technology in the Club (CCTV, security systems) you may be required to refrain from using certain technology and from downloading certain apps as this may potentially affect the safety and security of the Club.
10.12 We will take a photo of you upon joining the Club. This is done for safety and security purposes and in order to monitor tailgating. The photo will be stored on the Club’s database.
11. Maintenance of Club facilities:
11.1 The Club may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes. We reserve the right to add an annual facility maintenance charge of up to but no greater than the equivalent of 1 month’s membership fees. If a facility maintenance charge is implemented in the future, you will be given a minimum of a 60-day notice of the amount owed and due date. You hereby authorise the designated billing company to collect this amount along with your regular Club membership fees.
12. Sale of Club:
12.1 In the event of the sale or disposal of the Club to another company or to any other person we may transfer your membership to the new owner. In such circumstances you will continue as a member of the Club and continue to pay your membership fees provided no changes to these terms or the Club rules having a material adverse effect on your use of the Club are made by the new owner. Any such disposal will not affect your contractual or statutory rights.
13. Notices:
13.1 Notices from you to the Club or Tri-Fit Gym Ltd must be in writing and addressed to the Club Manager at your Home Club. You can send your notice by email. If you have not received a response from Club within 7 days of your email, please contact the Club to confirm that the email has been received. Tri-Fit Gym Ltd reserves the right to require evidence of posting or delivery where it has no record of receipt, or the date of any notice appears inconsistent with the date of receipt. In these cases, the notice will be deemed not given unless such evidence is produced. Any notice handed to personnel at the Club must be receipted. Notices from Tri-Fit Gym Ltd to you will be posted to you at your address provided by you in the membership agreement.