A. INTERPRETATION
In these Terms and Conditions “Notice” to Live Fit Gym Ltd means notice in writing including email to the above email address. Notice by Live Fit Gym means notice in writing sent to the email address provided by you from time to time.
MEMBERSHIP TERMS AND CONDITIONS
BINDING AGREEMENT
1. These Terms and Conditions constitute a legally binding agreement between you and us, so please make sure that you read this carefully. If you have any queries, please speak to a member of our team. This agreement commences when you sign it. If you did
not sign up on the gym’s premises you have 14 days’ (cooling off period) after you sign, to cancel. To exercise this right you must provide us with Notice that you wish to do so. If you exercise this right to cancel we will reimburse you all joining 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 we will reduce your membership fee refund by a pro rata amount equal to the number of days between the date of signature and the date you serve Notice to cancel.
2. You will be entitled to all the rights and privileges exercisable for the type of membership chosen, subject to your timely payment of the fees and charges set out below and the successful processing of your card instruction.
FEES AND CHARGES
3. The joining fee/initial payment is due immediately after signature and is non-refundable other than as mentioned in paragraph 1.
4. You must make the minimum number of card payments referred to in your chosen membership agreement with the first one being paid on the 1st card payment date and then every month thereafter. You must make every card payment regardless of attendance, save where the agreement is cancelled in accordance with the cancellation terms set out in paragraph 1 and/or paragraphs 11 to 15 below.
5. If you fail to pay any monies due under this agreement or if any card payment is returned unpaid, or if any other form of payment is not honoured for any reason, you shall pay Live Fit Gym on demand an initial administration fee of £25. Until all arrears are paid and payments have been received by Live Fit Gym, your membership will be suspended and you will not be entitled to access any of the gym’s facilities. No future memberships or subscriptions can be added whilst your membership is suspended.
6. You agree to advise us promptly of any changes in the personal details you have previously provided.
7. If you fail to pay any amount due to us within 30 days of the due date for payment the debt may be passed to a third party for collection. You will then be liable to pay us all costs and charges we incur in pursuing the payment of the debt owed to us on a full indemnity basis.
8. We reserve the right to levy one-time charges to your account in the event of late cancellations or no-shows for classes and appointments.
AUTOMATIC RENEWAL
9. Once you have completed the minimum number of card payments we will automatically continue collecting the direct debit payment every month. Your membership will be extended by one month for each payment (‘Renewal Period’). This renewal card payment may be amended by us from time to time upon giving you not less than 30 days’ Notice. Please note if your membership included the benefit of a free period then we will stop making collections during that free period and recommence making collections on the renewal date.
10. You may cancel the automatic renewal process at any time upon giving us not less than 30 days’ Notice. When the final payment has been made it is your responsibility to cancel your card payments directly with your bank.
11. Once you have completed the minimum number of card payments you can cancel your automatic renewal payments upon giving us not less than 30 days’ Notice. After the final payment has been made it is your responsibility to cancel your card payments directly with your bank.
CANCELLATION
12. Relocation: This agreement can be cancelled by you at any time upon giving us 30 days’ Notice if you move to a new permanent address which is more than 20 miles away from the gym. Proof of your new address must be provided to us by way of a copy utility bill or bank statement showing the new address, or some other reasonable means of proof that is accepted by us.
13. Long term (over 3 months) illness or injury: This agreement may be cancelled in the event of an illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prevents you from exercising for 3 months
or longer.
14. Redundancy: The agreement can be suspended or cancelled by you upon providing us with not less than 24 hours’ Notice
if you are made redundant or you lose your livelihood as long as you provide us with adequate written proof of your redundancy or said loss.
15. Pregnancy: This agreement can be cancelled by you upon giving not less than 30 days’ Notice if you become pregnant as long as you provide us with adequate and reasonable proof of your pregnancy.
Please note - ANY cancellation for the above reasons will not be effected until the appropriate proof is provided and received (in writing or via email) by Live Fit Gym and 30 days’ Notice must be given.
16. Breach: This agreement can be cancelled by you with immediate effect if we are in breach of these Terms and Conditions and we fail to rectify that breach within 14 days of receiving Notice requiring us to do so.
PAUSING YOUR AGREEMENT
17. Temporary illness or injury: This agreement may be paused if you suffer a temporary illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prevents you from exercising for a period of time which is anticipated to be less than 3 months. The pause will not be effected until the appropriate proof is provided to us. Pausing under this paragraph shall not affect the minimum number of card payments you are due to make and any payments remaining at the time of pausing does not affect the minimum number of card payments you are due to make. Any further payments remaining due at the date the pause comes into effect will remain due and will recommence on a monthly basis once the pause is lifted. Pausing under this paragraph 16 requires a minimum of 2 weeks’ Notice.
GENERAL TERMS
18. You agree to comply with the rules of membership which are displayed prominently throughout the gym and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Terms and Conditions from time to time in which case we will give you reasonable advanced Notice of the changes.
19. We may assign the benefit of this agreement and our rights under it to a third party upon giving you reasonable Notice. Your rights under this agreement will not be prejudiced by the assignment. You may transfer your membership to another person provided that such person pays a Joining Fee and agrees to accept responsibility for the payment of the balance of any remaining minimum number of direct debit payments payable by you under these Terms and Conditions. Notwithstanding the assignment of your membership to a third party, you shall remain responsible for ensuring that the balance of any remaining minimum number of card payments is made to us if the assignee fails to do so.
20. We may terminate this agreement with immediate effect on serving you with Notice if you are in breach of any of these Terms and Conditions or any other rules relating to the use of the gym from time to time.
21. We reserve the right to close for maintenance or public holidays from time to time upon giving you reasonable Notice.
22. Events beyond our reasonable control: If we cannot provide our services and facilities for 30 consecutive days or more, for reasons or events beyond our reasonable control, we will provide you with the option to pause your membership immediately upon giving you reasonable Notice. We will take steps to minimise the effect of the delay. Provided we do this we cannot be held responsible for any inconvenience, loss or damage you may suffer as a consequence. “Reasons or events beyond our reasonable control” may include,
but are not limited to, natural disasters, government actions, war, national or regional emergency, acts of terrorism, protests, riot, fire, explosion, flood, strikes, labour disputes, epidemics and pandemics.
HOW WE MAY USE YOUR PERSONAL INFORMATION
23. We will use the personal information you have provided to us to provide you with the agreed services, process your payment for such services, and if you agree to this when requested, to inform you about similar services or products that we provide, although you may serve us with Notice at any time withdrawing your agreement to this.
LEGAL MATTERS AND JURISDICTION
24. These Terms and Conditions are governed by the laws of England and we each agree to submit to the exclusive jurisdiction of the English courts in dealing with any matters or disputes which arise in connection with them.
25. If a court finds that a part of these Terms and Conditions is unlawful or unenforceable the remainder will continue in force and effect.
26. No other person shall have any right to enforce any of the contents of these Terms and Conditions, save for any person to whom you assign your rights in accordance with paragraph 18.
27. We reserve the right to amend these Terms and Conditions from time to time upon giving you reasonable Notice.