Introduction

This is an Agreement between you (the Member), and Chelford Gym, a gym located at Unit 2, 16 Townfield Place, Chelford, SK11 9GG (“The Gym”, “us” or “we”).  

By completing the joining process and becoming a Member of Chelford Gym, you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.

Definitions

• Membership: your contractual relationship with us, which can be on various different terms, some of which are only available, as follows:

• Annual Membership: a membership that is paid upfront and had a fixed term of 12 months.

• Solo Membership: a membership for one person at the gym. 

• Monthly Membership Amount: the amount you agree to pay each month for your Membership. Only applies to certain types of Membership.

• Membership Amount: the amount you agree to pay upfront for your fixed term Membership. Only applies to certain types of membership.

• Personal Training Sessions: sessions booked by you directly with an employed trainer forms part of this agreement and are provided by Chelford Gym.

• Sports Therapy: Services provided directly to you which do not form part of this membership and are subject to a separate agreement between you and the therapist.

Starting your Membership

1. By completing the joining process and becoming a Member of Chelford Gym, you are accepting all the terms and conditions in this Membership Agreement (insofar as they are applicable). You should only join if you have read them and accept them.

2. This Membership Agreement starts once you have accepted the terms during the joining process. By accepting the terms, you are agreeing to pay any applicable Membership Amount and Monthly Membership Amount. These are shown at the start of the joining process and again before you confirm your payment instruction.

3. You agree to comply with the Gym Membership Rules and you agree to use the gym facilities and equipment in the proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury you suffer through the incorrect use of our equipment or facilities.

6. You confirm that you are at least 16 years old.

7. You will be liable for any damage caused to our equipment or facilities through your negligent use.

8. You agree to tell us immediately of any changes to your personal details, including contact information; this should be done by contacting members of staff.

Member health agreement declaration

You warrant, declare and acknowledge that:

1. The information given by you in entering this agreement is correct and will be relied upon by us.

2. Our staff, agents and subcontractors are not medically trained, and should you have any concerns with your health and fitness you should seek independent medical advice before engaging in any physical activity on our premises.

3. 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, well-being or physical condition. Further, that you will advise us immediately should your health or vulnerability to injury change.

You are primarily responsible for your health and wellbeing, but we at Chelford Gym are concerned that you enjoy our facilities safely. To that end we consider that we should expect the following of each other.

From us:

• Whilst we will respect your decision over your training regime, we reserve the right to ask you not to exercise beyond what we reasonably believe to be your personal ability.

• We shall endeavour to maintain a safe environment for you to enjoy your exercise.

• We shall endeavour to ensure that our fitness trainers and staff are qualified to fitness industry standards.

• We shall always keep confidential any information that you give us regarding your health.

If you are a wheelchair or disabled user, we require you to have an induction to ensure your safe use of our facilities and equipment.

Using the gym

1. You are entitled to access and to use the gym defined by your Membership until termination or suspension of that Membership pursuant to this Agreement. 

2. We will make reasonable endeavours to make available to you the rights and privileges of Membership of the gym or gyms you joined and have paid for. This includes access to the gym and gym equipment, changing areas, staff and independent self-employed trainers for general advice. We will make reasonable endeavours to communicate to you in advance if we are unable to make available to you the rights and privileges of Membership.

Changing your Membership

1. Some Membership types can be changed. Fees may apply.

2. If you have a discounted Membership and your Membership is terminated, you will waive the right to the discount and pay the advertised Membership Amount or Monthly Membership Amount if you later choose to re-join Chelford Gym. 

3. We may, with reasonable notice and at our discretion, close our premises for reasonable periods of time to carry out maintenance, repairs, refurbishment, cleaning or for other reasons outside of our control, including at least 2 days a year for necessary maintenance or other work. We will endeavour to reopen facilities as soon as is reasonably possible in these circumstances. You agree that you will not be eligible for any refund for the temporary interruption in services during the period.

Payment

1. If your Membership has an initial Membership Amount fee, you agree to pay us the full Membership Amount by credit or debit card. You will be notified of any applicable Membership Amount at the end of the joining process, and this amount will be confirmed to you by email. 

2. If your Membership has a recurring Monthly Membership Amount fee, you agree to maintain a Standing Order instruction with your bank for the Monthly Membership Amount. Your first Monthly Membership Amount is due on the date shown at the end of the joining process (which will also be confirmed to you by email), and subsequent Monthly Membership payments will be due on the 1st of each month until your Membership is cancelled.

3. We reserve the right, at our discretion, to change your Monthly Membership Amount fee. If this happens we’ll notify you by email not less than 3 weeks before the change is made. You are able to cancel your membership within this period, and if we don’t hear from you within the period the new Monthly Membership Amount fee will apply automatically.  

4. You agree to pay us the Monthly Membership Amount regardless of whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason no refunds will be due.

Ending your Membership

1. You have the right to cancel this Agreement within 14 days from the start of the Agreement without giving any reason, but you must let us know you wish to do so within the 14-day period.

2. In case of dispute you must show that you cancelled the Agreement in accordance with the cancellation terms, but for these purposes it will be sufficient to show that you sent your communication concerning your exercise of the right to cancel before the cancellation period had expired.  

3. If you have requested an immediate membership start date and you cancel your Membership within the 14-day period, proportionate charges will be due. 4. After the 14-day cancellation period you may terminate your Membership at any time by contacting us and then cancelling your standing order with your bank. No refunds will be given for unused billing periods; if you would like to, you can continue using Chelford Gym until the end of your billing period.

5. We will terminate this Agreement and your Membership with immediate effect if you do not pay any applicable Joining Fee, Membership Amount or Monthly Membership Amount when it falls due.

6. We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of the Gym Membership Rules. In this event you will no longer be able to access any of our facilities and we will not give any refund.

7. If we do not terminate your Membership if you breach any of the Gym Membership Rules, or if we give you extra time to pay if you do not pay your Joining Fee, Membership Amount or Monthly Membership Amount when it falls due, that will not prevent us from subsequently enforcing the terms of this Agreement.

8. We consider the safety of our members and our staff to be paramount. We reserve the right to refuse any application for Membership or terminate an existing Membership where we consider that that Membership may pose a risk to the health and/or safety of other members or staff. If this happens, we will notify you of this and refund all unused Joining Fees, Membership Amount or Monthly Membership Amount.

Additional services

1. Personal Training Sessions and “additional services” do not form part of this Agreement and are not provided by Chelford Gym.  

2. Any “additional services” (including, for example, Personal Training Sessions, Sports Therapy and Massage Therapy) which you contract for or agree to pay for, do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any agreement for “additional services”, you are entering into an agreement with those individuals and not with us. 

3. We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing the “additional services” which are specifically excluded from the Membership Agreement and We do not accept any responsibility for the same save where precluded by law.

4. We may provide induction services or personal reviews of your training needs. Such services are provided without additional charge. 

Other clauses

1. Only you, the person named in the joining process, can benefit from this Agreement.

2. If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.

3. Chelford Gym, its agents, employees and subcontractors are not liable for any loss, damage or theft of any of your property that you bring onto any of our premises. If such loss, damage or theft is caused by the negligent acts or omissions of Chelford or its agents, employees or subcontractors, our liability to you will be limited to £100.

4. We may make reasonable changes to the Gym Membership Rules and the Membership Agreement at any time. It is your responsibility to check online at regular intervals for changes to these documents.

5. This Agreement is governed by the law of England and Wales.

6. You should print a copy of this Agreement for future reference.