1. Definitions:

1.1 The Club: Gym Geek online ltd. based within Unit 1b 15 Cambridge road (hereafter referred to as Gym Geek)
1.2 The Club Rules: The rules and regulations of the Club, as amended from time to time. A copy of the Club rules will be supplied to you on joining and further copies will be made available on request.
1.3 Commitment Period: The minimum term you are committing to remain a member of the Club from your start date for a period of at least 28 days and we require at least 28 days notice to terminate or adjust your payment. 

1.4 Associate member 

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2.Membership:

2.1 By signing this Membership Application Form the member agrees to comply with these Terms and Conditions of Membership and the Club Rules.
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 We may make any changes to the Agreement as we deem necessary from time to time to take into account operational, legal, safety or commercial matters (including the terms on which its third party providers provide us with services)

2.4 Changes made pursuant to the above shall be notified to you by posting the changes to our website and shall be deemed to be incorporated into this Agreement and be legally binding on the parties with effect from the date such posting is made. We will  to give 30 days’ notice of any such changes, but the parties agree that any failure to give such notice shall not act to prevent such changes having full contractual effect and that it is your responsibility to check the terms and conditions of this Agreement via the website.

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3. Duration:

When you join the Club you are agreeing to remain a member for 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 and category of membership at that date, but subject to termination in accordance with paragraph 6.2(b). 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.

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4. Fees:

The Club will set the level of fees and will review such fees periodically. The Club reserves the right to change the level of fees from time to time, but guarantees that your fees will not increase during the Commitment Period. For any changes to the monthly fee, we will give you at least 30 days written notice. The following fees prevail:

 

4.1 Membership fee; The level of membership fees shall be determined according to the type and category of membership.
4.2 Joining fee; A joining fee, if applicable, is payable as specified in your application form. Your joining fee goes to start up costs.
4.3 Guest user fee; A fee will be set by the Club from time to time in respect of guests of members who wish to visit the Club and use the facilities.
4.4 Other Fees; All other fees depending on club services/products will be set by the club from time to time.
4.5 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.
4.6 You will pay your membership fees and/or any fees within a valid invoice(s) within 14 days from (a) the date of issue of the invoice or request for payment or (b) the agreed date for payment of your Direct Debit (the "Due Date"). Should any fees remain unpaid within 30 days of the Due Date, the full membership fees for the remainder of the Commitment Period will automatically become due and payable in full.
4.7 Any unpaid and overdue membership fees referred to a Debt collection agency will be subject to a surcharge of no more than £75 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 the responsibility of the member and will be legally recoverable from the member.
4.8 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. Suspension or Freeze of Membership:

A Member may, if he/she is unable to make use of the Club facilities by reason of illness or injury, suspend his/her membership for one continuous period of at least 1 month and a maximum of 3 months. 28 days written notice must be given to the Club and the Club shall have the right to request a doctor’s certificate. A reduced monthly fee will be charged by the Club during the suspension of membership. Any suspension during the Commitment Period will extend the length of the Commitment Period by the length of the period your membership is put on hold. Notice to terminate membership cannot run concurrently with a suspension period.

5.1 We may suspend your membership or access to our facilities in the following circumstances:
(a) if, in our reasonable opinion, you are is in breach of the Agreement or the rules;
(b) we are required to do so by operation of law or a governmental authority requirement; or
(c) to protect the facilities, equipment, staff, yourself or other members.
We will endeavour to provide you with 24 hours advance notice of any suspension, unless we have reasonable grounds not to do so.

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6. Termination:

6.1 Termination by the Club
We may terminate this agreement in the following circumstances:
(a) if you commit a serious or repeated breach of this agreement or the Club’s rules of membership and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice;
(b) If any part of your membership fee remains unpaid 28 days after its due date for payment, or
(c) If you provide us with details which you know to be false when applying for membership and the false declaration would have reasonably affected our decision to grant you membership.
If we terminate for any of these reasons, we reserve the right to retain a proportion of the money paid under this agreement, to cover any reasonable costs incurred.

6.2 Termination by you
You may terminate this agreement in the following circumstances:
(a) You can give notice to terminate at any point during the Commitment Period but this cannot end your membership before the end of the Commitment Period.
(b) You may terminate your membership by giving the Club at least 28days notice, so that your membership will terminate at the end of the following calendar month after notice was given.
(c) Cancelling your direct debit instruction for the payment of fees is not sufficient.
(d) You may terminate this agreement on 1 calendar month’s 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 will request reasonable evidence of your illness or injury – e.g. doctor’s certificate).
(e) You may also terminate this agreement if:
a. We permanently significantly reduce the facilities or opening hours of the Club;
b. We change the location of the Club; or
c. We close the Club for refurbishment for a period of more than 30 days at a time.
(f) you are moving home to a location which is more than 10 miles from Gym Geek, Weymouth. (We will request reasonable evidence of your move.)
 

We will use our reasonable endeavours to give you at least 45 days notice of the change (either in writing or by prominently displaying a sign in the Club) and, if you wish to terminate your membership due to reasons stated above, you can give us 1 calendar months notice in writing to terminate.

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6.3 Commitment Period: The minimum term you are committing to remain a member of the Club from your start date for a period of at least 1 months (subject to extension if your membership is suspended).
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Without prejudice to our other rights, we may suspend your membership or access to our facilities in the following circumstances:
(a) if, in our reasonable opinion, you are is in breach of the Agreement or the rules;
(b) we are required to do so by operation of law or a governmental authority requirement; or
(c) to protect the facilities, equipment, staff, yourself or other members.
We will endeavour to provide you with 24 hours advance notice of any suspension, unless we have reasonable grounds not to do so.

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6.4 Where you are a consumer, not a business or professional, as per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of completing your membership application form. However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you select to commence your membership immediately, or you ask us to start your membership early, you agree that if you subsequently cancel your membership within the 14 day period, you will be refunded any monies paid, less an amount for the membership you have already used commencing from the first day after joining. 

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8. Club Rules:

8.1 Gym Geek and their club rules apply to all of the Gym Geek members.  Gym Geek may amend the Club Rules from time to time in order to ensure the health and safety of members. Temporary amendments will be displayed in the Gym Geek. Permanent changes to the Gym Geek Rules will only be made after at least 30 days notice to members, except in the case of emergency.
8.2 Gym Geek reserves the right to adjust the availability of certain facilities or close Gym Geek on a temporary basis for the general purpose of cleaning, decorating, essential repairs, maintenance of equipment, special functions and holidays.

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9. Restriction of Liability:

9.1 Subject to paragraphs 10.2 and 10.3, the Club will not accept liability for any loss, damage to 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 owner’s risk and no liability for loss or damage thereto will be accepted by the Club.

9.2 Subject to the express terms of the Agreement, we shall not have any liability in contract or tort (including negligence) arising out of or in connection with the Agreement (including any collateral contract) for any indirect, special, incidental or consequential loss or damage or for any of the following, in each case direct or indirect:
loss of profits;
business interruption;
loss of business opportunities;
loss of revenue;
loss of anticipated savings;
wasted expenditure;
loss of goodwill;
loss of reputation; 
economic loss; or 
any loss or corruption or destruction of data.

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9.3 Our liability in contract, tort or otherwise (including negligence) howsoever arising out of or in connection with the Agreement (including any collateral contract) shall, in respect of any one incident or any connected incidents, not exceed the total Fees payable by you in the preceding 2 months before  the incident (or first incident in the series of connected incidents) giving rise to the liability occurs or £700, whichever is the lower. Notwithstanding the previous provisions of this clause, our total aggregate liability in contract, tort or otherwise (including negligence) howsoever arising out of or in connection with the
Agreement shall not exceed £700. 

9.4 The Club accepts liability for damage, accident, death, personal injury or 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 our supplier could have foreseen or forestalled even if we had taken all reasonable care.

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10. Health & Safety:

Members must read all Health and Safety notices displayed in within Club GG and comply with their recommendations.

10.1 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, wellbeing or physical condition. Further, that you will advise us immediately should your circumstances change.

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11. General

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control.
We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced.

11.1 You agree that we may use and reference you and the services we provide you in  any and all case studies (whether written, video or otherwise), press releases and through general references, including but not limited to the inclusion of your logo, name or brand images on our website or materials. 
Notwithstanding the provisions of any confidentiality, we may refer to you by company or trading name and to the existence of the Agreement in any marketing or promotional materials we use (including our website).

11.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).

11.2 This agreement will also commences and apply once you have indicated your acceptance in the declaration section of the website when signing up or booking.

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