MEMBERSHIP TERMS AND CONDITIONS
Definitions. In this Agreement, “Club Owner” or “we” means the Club Owner identified on the Agreement, a franchisee of Lift Brands UK Limited. “Club” means the Club identified on the Agreement. “Snap Fitness” means Lift Brands UK Limited. “You” and “member” means the person(s) whose name(s) and signature(s) and initials appear on the Agreement. You are responsible for updating address and contact information.
1. MEMBERS INDUCTION. To mitigate risk and ensure that you correctly operate or use any of our facilities, services, products or equipment, including the adjustments of levels or settings on any equipment, you are required to undertake an instructional consultation with a member of our staff before use. I understand that an introduction to the club facilities are a requirement prior to using the Club’s facilities.
2. MEMBERSHIP TYPE. The type of membership that applies to you is set out on the first page of this agreement. If your membership is month to month, you will pay the monthly fee set out on the first page of this agreement by direct debit each month. If your membership is pre-paid, you acknowledge that the fee paid by you is on or before the date of this agreement is not refundable in any circumstances (save in accordance with clause 5(2) below). If your membership is a 12-month membership, you will pay the monthly fee set out on the first page of this agreement by direct debit each month.
3. MEMBER’S RIGHT TO CANCEL. Regardless of your membership type,you may cancel your membership by giving us one month’s notice and filling out a cancellation form at your home club. The notice will be effective on the last day of the month which is at least 30 days from the date of your notice and, if your membership is month to month or 12-month membership, you will be required to pay all fees on a pro rata basis up to that date and any outstanding fees for other services already supplied to you, regardless of whether or not you use the club after the date of your notice. If collection or legal services are needed to collect any unpaid amount, you are responsible for all costs of collection, including solicitor’s fees of Club Owner and/or Lift Brands UK Limited.
4. OTHER WAYS THAT YOU CAN END YOUR MEMBERSHIP. You can also cancel your membership for the following reasons:
- IF WE DON’T KEEP OUR END OF THE DEAL: You can cancel your membership by written notice to us if we breach any of our obligations under this agreement and we have not remedied that breach within a reasonable time after you have given us a written request that we do so. In the case of cancellation for this reason, you will be responsible for the membership fees calculated on a pro-rata basis and any outstanding fees for other services already supplied to you. If your membership is pre-paid, you will be entitled to a refund on a pro-rata basis.
- YOU CAN CANCEL FOR MEDICAL REASONS: If your membership is a 12-month membership, you can end your membership by telling us in writing if you cannot exercise for the remainder of term due to an illness or a physical incapacity and you produce supporting documentation to our reasonable satisfaction. In that event, you will be responsible for the membership fees for the time you have been a member calculated on a pro rata basis and any outstanding fees for other services already supplied to you. ON OR AFTER EXPIRY OF THE MINIMUM TERM: If your membership is a 12-month membership, you do not need to do anything, as it will automatically end when the term expires. We will seek to remind you before the end of your membership in these circumstances in order that we can discuss renewal of your membership.
5. OUR RIGHT TO CANCEL. In addition to our other rights under this agreement, we can terminate your membership by written notice to you if you fail to act in accordance with any obligation under this agreement and if capable of remedy you do not remedy the failure within a reasonable time of us giving you written notice requiring you do so. However, we will not seek to end your membership in this way if you have failed to make a payment and we are also in breach of a material condition of this agreement. If we cancel this agreement under this paragraph you will be liable for the joining fee, membership fees for the time you were a member and any other fees payable for further ﬁtness services already supplied. On rare occasions we may cancel a membership by written notice to the member without the need to give a reason. If we cancel your membership in this way you will be liable for the membership fees for the time you were a member and any other fees for other ﬁtness services already provided. Club Owner may, at its option, terminate my membership if (1) I fail to make payments or any payments or fees are late, (2) the monthly EFT payments or membership fees are interrupted or discontinued for any reason and I or my co-signer do not provide an acceptable alternative, (3) I fail to follow any membership policies or club rules or violate any part of this agreement, or (4) my conduct is improper and harmful to the best interest of the Club or its members or (5) I fail to provide doctor’s approval for exercising if so requested. Termination is effective on the date a written notice to my last known address. I am liable for all ﬁnancial obligations until that date. Club Owner also reserves the right to terminate my membership for any reason not stated above and if not prohibited by law.
6. MEMBERSHIP FREEZE. If your membership is month to month or a 12-month membership,you have the right to freeze your membership for up to three months annually. You must provide written notice by the 28th of the month before the month for which the freeze is to take effect. You will incur a £3 processing charge for each frozen month. I understand that if I elect to freeze my membership I cannot cancel my membership during the “freeze” period. If the membership is a pre-paid or 12 month membership, that is extended by the number of “freeze” months.
7. PHYSICAL CONDITION AND NO MEDICAL ADVICE. I represent that I am in good physical condition and have no medical reason or impairment that might prevent me from my intended use of the Club facilities. I acknowledge that I have been informed that the Club offers a consultation which includes a brief interview regarding my medical history. However, I understand and acknowledge that Club Owner and Snap Fitness will not and cannot provide me any medical advice. If I have any health or medical concerns now or after I join the Club, I will discuss them with my doctor before using the Club facilities.
8. DAMAGED, LOST OR STOLEN PROPERTY. I understand that I am solely responsible for any damage which I may cause to the Club, its facilities, services, products or equipment, if such damage is caused by my wilful act and/or negligence. I understand that neither personnel at the Club nor Snap Fitness are responsible for any of my personal property that is damaged, lost or stolen while in or around the club or any other Snap Fitness location.
9. GUESTS. I may bring a guest with me during staffed hours for the first time free workout. I understand that all guests must sign the Guest Waiver before using the Club. I understand the club reserves the right to charge a £20 per visit fee for any unauthorised guests I allow into the Club. The Club also reserves the right to charge a fee to guests who are not local residents or who visit repeatedly without joining. I will not allow any non-member to use my membership access card, and I understand that if I do, the card may be deactivated and a fee will be charged to activate the card. I am liable for all damage, I, my family members or guests cause to the equipment or physical infrastructure of the Club and will reimburse the Club via the payment method used to pay my membership fees.
10. USE OF OTHER Snap Fitness CLUBS. I understand that my membership to the Club allows me to access all other Snap Fitness locations free of charge. My use of all Snap Fitness locations is subject to the terms of this Agreement and I have the same obligations to any Snap Fitness location as I have to the Club and all club personnel. I understand that if I use another Snap Fitness location more than my home club, my membership may be transferred to that location according to the then-current membership transfer policy. If my membership is transferred, I will be charged the current membership price of the Snap Fitness location I use most often and I may be required to enter into a new membership agreement.
11. LIMIT ON OUR LIABILITY TO YOU. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any: (i) losses that :(a) were not foreseeable to you and us when the contract was formed; (b) that were not caused by any breach on our part; (ii) business losses; or (iii) losses to non-consumers.
12. DISCLOSURE OF YOUR PHYSICAL CONDITION. Provision of a safe and effective exercise program is dependent upon accurate health and ﬁtness proﬁling. You agree to disclose to us all relevant personal health and ﬁtness information both prior to and during engagement in any exercise program, service or facility we provide to you, as a part of your membership. This is inclusive of any health risk assessment, initial and periodic ﬁtness assessment and relevant information or recommendations provided by your medical or allied health practitioner/s. You further warrant and represent that you will not use the Club or any of our facilities, services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.
13. JOINT AND FAMILY MEMBERSHIP INDEMNIFICATION. If “Joint” or “Family” is the membership plan checked on the ﬁrst page of this agreement, I agree that if the other joint or family members cancel their membership, I am liable to have an increase in membership dues to the then current price for an individual member.
14. MINIMUM AGE: All membership holders of Snap Fitness must be a minimum of 14 years of age. All minors under the age of 18 are restricted to access during staffed hours only, and must co-sign the membership agreement and acknowledgment of indemnity waiver.
Minors between 14-18 years of age must comply with the follow restrictions:
- Access during staffed hours only.
- All paperwork must be completed, including the membership agreement.
15. COOLING OFF PERIOD:
- The cooling off period starts if the member enters into the agreement before the centre opens (1) if the ﬁtness centre opens on the proposed opening day, on that day (2) if the ﬁtness centre opens on a new opening day and the ﬁtness centre has not opened when the centre notiﬁes the member of the new opening day, on that day or (3) if the ﬁtness centre opens on a new opening day and the ﬁtness centre has opened while the supplier notiﬁes the member of the new opening day-when the member receives notice that the ﬁtness centre has opened.
- The cooling off period ends 48 hours after the cooling off period starts.
- If you change your mind shortly after committing to a Snap Fitness membership, you may have an opportunity to cancel. You will need to let us know in writing within 30 days for it be effective. We will charge an administration fee of £50 or 10% (whichever is lesser) of fees paid. All refunds will be by credit or direct deposit into a nominated account – there are no cash refunds.
16. PERSONAL E-MAIL ADDRESS. I understand that by providing my e-mail address, I will receive occasional e-mails from Snap Fitness updating me on my membership beneﬁts. However, I will always have the option to opt-out from receiving these updates by replying and requesting to be unsubscribed.
Current as at 9th August 2016.