Terms and conditions
1.1 FYL: Fitness Yeovil Limited
1.2 Member or You: Member of Fitness Yeovil Limited
1.3 The Club: Fitness club operated by Fitness Yeovil Limited
2.1 By signing this Membership Application Form you agree to comply with these Terms and Conditions of Membership and the then current edition of the Club Rules as may be amended by Fitness Yeovil Limited at any 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 Fitness Yeovil Limited.
3.1 When you join the Club you are agreeing to remain a member for a minimum fixed commitment period from the start date to the end date of (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 calendar months’ notice in writing as set out below. If you choose to join the Club by paying your Commitment Period membership fee in advance, your Club membership will terminate automatically on expiry of the Commitment Period.
3.2 If you join the Club prior to the opening of the Club, your Commitment Period will commence upon the official opening date of the Club.
4. Membership Fees:
Fitness Yeovil Limited will set the level of membership fees and will review such fees periodically. Fitness Yeovil Limited reserves the right to change the level of fees at any time but guarantees 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 from your account, we will write to advise you of this. We may apply to your bank for payment by direct debit 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 membership fees are not paid Fitness Yeovil Limited may suspend your membership and deactivate your key access card so that you cannot access 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 direct debit instalments and in respect of payments made by direct/credit card. There will be no extra cost to you for these processing services supplied by such agent.
5.5 We may charge a reasonable fee of up to £50 for any of the following events: replacing lost membership cards or key security card and any other event which we consider fair and reasonable.
6. Active Referral Scheme:
6.1 Fitness Yeovil Limited may operate a referral scheme from time to time whereby you will receive a financial benefit for introducing new members to the Club. If the member you introduce joins on a Direct Debit membership, you will receive the benefit monthly against your account or your monthly Direct Debit fee, with the following conditions:
6.1.1 You will only receive this benefit if your membership, and that of the referred member, are both current.
6.1.2 You will only receive this benefit if the referred member is not on freeze or suspended.
6.1.3 The amount you benefit is fixed at the time of the referred member joining the Club. This will only change if the member you refer changes their type of membership, in which case the benefit you receive may be increased or reduced accordingly.
6.1.4 Fitness Yeovil Limited reserves the right to set a limit as to the number of members you can refer.
6.2 If the member you refer joins on an annual membership, you will receive the benefit due against your account or your monthly Direct Debit fee as one lump sum upon the referred member joining the Club and paying the annual membership fee.
7. Suspension of Membership:
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 30 days written notice must be given to Fitness Yeovil Limited and we shall have the right to request a doctor’s certificate to confirm your illness or injury. A reduced monthly fee will be charged during the period of suspension of membership. 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.
You may terminate this agreement in the following circumstances:
8.1 Notice: You may terminate your membership by giving Fitness Yeovil Limited at least 1 calendar month’s written notice which shall expire either on the Commitment Period end date or at the end of the immediately following calendar month. Cancelling your direct debit instruction for the payment of fees is not sufficient and does not constitute service of written notice;
8.2 Medical: you may terminate this agreement by giving Fitness Yeovil Limited at least 1 calendar month’s written notice 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 least 6 calendar months. We reserve the right to require reasonable evidence of your illness or injury – e.g. doctor’s certificate before we accept notice of termination in these circumstances;
8.3 Pre-Sale: in the event that this agreement was made during a specific pre-sales period and you became a founder member you may terminate this agreement by giving Fitness Yeovil Limited at least 1 calendar month’s written notice within 14 days of the official opening date of the Club;
8.4 Redundancy: In the event you are made redundant from your main employment you may cancel your membership on providing a redundancy letter with a written notice to the club manager who will evaluate your cancellation request. The membership will terminate 1 calendar month following the acceptance of cancellation.
9. Key access cards:
9.1 A key access card shall be issued to you upon joining the Club and will be used exclusively by you to gain entry to the Club. Key access cards are not transferable and if you allow your card to be used by another person this is a serious breach of these Membership Terms and Conditions and will entitle Fitness Yeovil Limited to terminate this agreement immediately and without notice.
9.2 If your key access card is lost or stolen you must notify the Club immediately and we reserve the right to charge an administration fee for the provision of a replacement key access card.
9.3 If you fail to pay your membership fees on the due dates for payment Fitness Yeovil Limited shall have the right to terminate this agreement by giving you written notice of its decision to terminate or at its discretion suspending your membership by deactivating your key access card until all overdue membership fees have been paid.
10. Maintenance of Club facilities:
The Club may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes.
11. Safety Notices:
11.1 The Club is under 24-hour recorded video surveillance and all key access card usage is logged. You may not bring in guests at any time without 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.
11.2 It is your responsibility to wipe down the equipment and re-rack the weights they use.
11.3 You are hereby required to use the safety features of the equipment. If you are unsure how to use a machine, you should obtain instructions from the staff or personal trainers.
11.4 You are responsible for understanding how to operate the panic alarms and agree to use them only in case of an emergency.
11.5 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.
11.6 Members must read all Health and Safety notices displayed in the Club and comply with their recommendations at all times. 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.
11.7 Persons under the age of 16 are not permitted in the Club.
12. Sale of Club:
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. Restriction of Liability;
13.1 The club will not accept liability for any loss, damage or theft of money, valuables or other personal property of members and guests. Property stored in lockers provided by the club is stored at the owners risk and no liability foe loss or damage thereto will be accepted by the club
13.2 Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.
13.3 The club accepts liability for damage, accident, death, personal injury or any other loss sustained by members or guests on the club premises to the extent caused by its negligence or the negligence of its employees and agents (during the course of their employment and agency, as appropriate) unless that failure is attributable to;
(a) Your own fault
(b) A third party unconnected with our provision of services under this agreement or
(c) Events which neither we nor the supplier could have foreseen or forestalled even if we had taken all reasonable care.
Notices from you to the Club or Fitness Yeovil Limited must be in writing and addressed to the general manager at the Club. Fitness Yeovil Limited 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 Fitness Yeovil Limited to you will be posted to you at your address in the membership records (or, where these terms permit, displayed on notice boards at the Club).
14. Refund Policy:
Unless in exceptional circumstances, (being down to the discretion the management), all fees paid are non-refundable. In certain circumstances such as ill health / redundancy, membership can be paused, at our discretion, but no refunds can be issued.
15. Data Protection Privacy
We use the information from the signup procedure to create a member profile on our system. This will include your name, date of birth, address, email and phone number. We also take and store a photo of you, for security purposes. We may send you promotional information via email, and payment-reminders via SMS text. You can opt-out of any marketing emails at any time by unsubscribing.
I confirm that all the above information is correct and wish to apply for membership of the Club under the standard terms and conditions which I have read and accept. I understand the following will apply to my membership of the Club:
1. My membership will continue automatically after the end of the Commitment Period unless notice is given as required under the standard terms and conditions. After the end of the Commitment Period I may terminate my membership by giving at least 1 calendar months’ notice in writing, so that my membership terminates at the end of the calendar month after notice was given; if notice given in March my membership will terminate at the end of April.
2. I may request suspension by reason of illness and/or injury for one continuous period of at least 1 month and a maximum of 3 months. I understand 30 days written notice must be given to the Club and the Club has the right to request a doctor’s certificate. I understand a reduced monthly fee will be charged by the Club during suspension. Any suspension during the Commitment Period will extend the length of the Commitment Period by the duration of the period of suspension.
4. I understand the risk of injury from fitness club activities and using any fitness club equipment is significant, including the potential for permanent paralysis and death, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that this is a FITNESS CLUB and I assume all risks associated with using exercise equipment and exercising alone without the aide and presence of club staff immediately present. I understand the Club is independently owned and operated by Fitness Yeovil Limited.
5. I acknowledge that Fitness Yeovil Limited recognise the importance of every new member undergoing induction training in the safe and proper use of the fitness equipment in the Club. I am aware that Fitness Yeovil Limited has offered me an induction for my safety and knowledge of any and all equipment within FYL.