INTRODUCTION
To help you get the best out of your gym membership and to understand our responsibilities to you and your responsibilities to us, please read these terms and conditions. Please remember that if you sign up to any of our online facilities or groups, extra terms and conditions may apply.
The language we use should make these terms and conditions as clear as possible. If you have any questions, a member of our team at the gym will be happy to help you.
These terms and conditions apply at all times and take priority over anything a member of our team has told you. These terms and conditions replace any previous versions.
To help make these terms and conditions easy to read, we have split them into two parts.
Part A –terms and conditions of membership | All members must keep to the same terms and conditions, including adult and child members whose memberships are linked to other members and child members whose application form has been signed on their behalf by an adult. |
Part B –rules and regulations for using facilities | These terms and conditions apply to all our members and their guests. They are necessary to make sure we can offer an enjoyable and safe environment for you, your guests and our other members to share during every visit to the gym. |
PART A – TERMS AND CONDITIONS OF MEMBERSHIP
Definitions that apply to part A
| • | You | The lead member |
| • | Linked member | anyone who is linked to your membership |
| • | Your entire membership | your membership and the membership of your linked members |
| • | We and us | The Gym – Brian Goddard Limited |
| • | The Gym | The Gym – Brian Goddard Limited |
1. Responsibilities of lead members and linked members
| a. | Every person who signs the membership application will be jointly and individually responsible under this agreement. |
| b. | This means that: |
| • | if one of those people tells us to do anything in relation to the membership (including ending it) we will take that as authority from all of them; |
| • | each of those people will be responsible for paying all the appropriate membership fees for themselves, for any other people who have signed the form and for all linked members (whether adults or children); and |
| • | each of those people will be responsible for paying any extra charges and fees which they, any other people who have signed the form, a linked member or a guest has to pay for using facilities and services not covered by the membership category. |
| c. | The responsibility in A1b for the fees and charges of any linked member continues until: |
| • | the linked member’s link with the lead member changes in any of the ways set out in A8 ‘Changing your membership’; or |
| • | the linked member ends their membership by following the procedure in A14 ‘Ending your membership’. |
| d. | The rules in A1a to c also apply to anyone who makes an application online. |
| e. | All of these terms and conditions of membership apply to you and all linked members unless we tell you otherwise. |
| f. | You and all linked members must keep to the rules and regulations for using facilities set out in Part B. |
2. Notice
| a | We calculate your membership in whole calendar months. This means that the following applies |
| • | Anywhere in these terms and conditions where we ask you to give notice of one calendar month or more, if you give notice during a month, we will treat it as if we received it on the first day of the following month and the notice period will run from that day. For example, if you need to give us one month’s notice to end your membership and we receive your notice on 23 May, your notice will start from 1 June, it will run out on 30 June, your membership will end on 30 June and you will pay one more direct debit (on 1 June) after giving notice. The only exception to this is if you give us notice at the beginning of a month. This means that if we receive notice from you up to and including the fourth day of a month, we will treat it as if we received it on the first day of that month and the notice period will run from that day. |
| • | Anywhere in these terms and conditions where you can give notice to end your membership from the end of the month, when you give notice we will end your membership at the end of the month during which we receive your notice as long as you have met all other requirements associated with it. For example, if we receive your notice on 23 May (with any supporting evidence we have asked for), your membership will end on 31 May and you will not have to pay any more direct debits after 31 May. |
| • | There are no exceptions to this rule. For example, if you give us notice on 1 June, your membership will end on 30 June and you will not have to pay any more direct debits after 30 June. |
| b. | If you want to give notice, it must be in writing (addressed to the Membership Department at the gym). We will accept notice by email (the email address is on our website and social media page). If you need to give us evidence of certain things, you can provide them as attachments to an email. |
| c. | Your notice is not effective until we have received it. We strongly advise that when you give notice you get proof that we have received it. For example: |
| • | if you send us notice by post, send it by recorded delivery (we will have to sign the delivery notice when we receive it); |
| • | if you hand your notice in at the gym, ask for a receipt; or |
| • | if you send us your notice by email, ask for a delivery receipt. |
| d. | We will confirm we have received your notice within 10 days of receiving it. If you do not receive this confirmation within 10 days, you must immediately let The Gym know so they can check whether we have received it. |
| f. | If we need to give notice to you: |
| • | it will be effective if we send it to the address or email address we have in the records we hold about you; and |
| • | if we give notice during a month, our notice period will run from the first day of the following month. |
3. Membership categories
| a. | You are entitled to use the facilities available under your category of membership. The Gym will give you information about the range of facilities available to you and when you can use them. Each category of membership may have certain restrictions which only apply to that category of membership. We will tell you about these restrictions when you join or when you change your category of membership, whichever applies. You can also get details from our website. |
| b. | Not all membership categories may be available at all times. We may choose to stop providing certain categories. If this is the case and you are a new member or an existing member, you will not be able to take advantage of these categories unless they become available. |
| c. | So that your children or grandchildren can enter the gym (whether or not they use the facilities), you need to link them to your adult membership. We will also need a letter of permission, or signature, from the person who has parental responsibility for your child or grandchild before they can use the gyms facilities. The child’s membership fees will be based on their age and, if relevant, will increase from the month following each birthday. When a child turns 18, they will become an independent adult member and will need to sign a new agreement in their own right. If you continue to pay the young person’s membership, you should also sign the young person’s agreement. We have the right to limit the number of children linked to an adult’s membership. |
| d. | If you have children linked to your membership, they have the same access rights as you do. For example, if you have off-peak membership, your children can use the gym at off-peak times only. |
| e. | If you have a disability which means you need someone to help you use the facilities at the gym, you can link your assistant to your membership or sign them in as a guest. You will not have to pay a fee. However, the assistant can only use the facilities to help you. |
4. Membership types and length of membership
4.1 Standard Annual Membership and Standard Monthly Membership
| a. | Your membership will begin on the day when you make your membership application. |
| b. | Your membership will run for the initial period, which is at least 12 full calendar months (see A4.1c) and will continue then indefinitely until you give us at least three full calendar months’ notice in writing in line with A2 ‘Notice’, unless: |
| • | you end your membership at the end of the initial period (see A4.1e); |
| • | you switch to Flexible membership at the end of the initial period (see A4.1f); |
| • | you switch to Flexible membership during the initial period (see A4.1g); |
| • | you end your membership early (see A15 ‘Ending your membership early’); or |
| • | you end your membership early (see A15 ‘Ending your membership early’); or |
| c. | The ‘initial period’ is the full 12-calendar month period from the 1st of the month after the date you made your membership application, together with the part of a month as mentioned in A5d ‘Starting your membership’ |
| d. | This means that for Standard Annual membership and Standard Monthly membership your minimum commitment is to pay for the first 12 full calendar months of your membership with us (together with the part of a month as mentioned in A5d ‘Starting your membership’). This applies even if you have Standard Monthly membership and cancel your direct debit before then. |
| e. | If you want to end your membership from the end of the initial period, you can give us one calendar month’s notice (see A2 ‘Notice’) as long as we receive your notice any time up to and including the first day of the final calendar month of your initial period. If you give us notice but we do not receive it by the first day of the final calendar month, your membership will not end at the end of your initial period. Instead, we will treat your notice as if we received it on the first day of the following month and your membership will not end until three months after that date. We will contact you in writing at an appropriate time towards the end of your initial period to remind you of this. There is more information on ending your membership in A14. |
| f. | If you want to switch to Flexible membership from the end of the initial period, you can give us one calendar month’s notice (see A2 ‘Notice’) as long as we receive your notice at any time up to and including the first day of the final calendar month of your initial period. If you give us notice but we do not receive it by the first day of the final calendar month, your membership will not switch at the end of your initial period. Instead, we will treat your notice as if we received it on the first day of the following month and your membership will not switch until three months after that date. We will contact you in writing at an appropriate time towards the end of your initial period to remind you of this. Before we can switch you to Flexible membership you and any linked members who have signed your membership application will need to sign a new membership application. |
| g. | If you want to switch to Flexible membership at any other time, you can give us three calendar months’ notice (see A2 ‘Notice’). Before we can switch you to Flexible membership, you and any linked members who have signed your membership application will need to sign a new membership application. If you are still in the initial period of your membership, you will have to pay a charge which is the same as three months of your new Flexible membership fee. If you are still in the initial period of your membership, your initial period will end. |
| h. | If you switch to Flexible membership at any time, from the date of the switch your notice period will change to one month and your membership fees will change to the current fees for Flexible membership (as advertised for new members at the gym). |
4.2 Flexible membership
| a. | Flexible membership will begin on the day when you make your membership application. |
| b. | Unless you end your membership early (see A15 ‘Ending your membership early’) or we cancel it (see A16 ‘Cancelling your membership’), it will run for the initial period, which is at least three months (see A4.2c) and will continue then indefinitely until you give at least one full calendar month’s notice in writing in line with A2 ‘Notice’. |
| c. | The ‘initial period’ is the full three-month period from the 1st of the month after the date you made your membership application, together with the part of a month, as mentioned in A5d ‘Starting your membership’. |
| d. | This means that your minimum commitment is to pay for the first three full calendar months of your membership with us (together with the part of a month as mentioned in A5d ‘Starting your membership’). |
| e. | If you want to end your membership at the end of the initial period you can give us one calendar month’s notice at any time up to the first day of the third month of your membership. |
| f. | There is more information on ending your membership in A14. |
| g. | You can switch to Standard Annual or Standard Monthly membership at any time as long as that membership type is available at the gym. |
| h. | If you want to switch to Standard Annual or Standard Monthly membership, you must give us one month’s notice (see A2 ‘Notice’). Before we can switch you to Standard Annual or Standard Monthly membership you and any linked members who have signed your membership application will need to sign a new membership application. |
| i. | If you switch to Standard Annual or Standard Monthly membership, the following will apply from the date of the switch. |
| • | Your notice period will change to three months. |
| • | A new initial period may apply, which will run from the date when you joined your club as Flexible member, but will be calculated as if you had joined as a Standard Annual or Standard Monthly member (see A4.1c). For example, if you joined as a Flexible member eight months ago, your initial period will be the same as for a Standard Monthly member (12 months), but will last for only four months from the date when you became a Standard Monthly member. |
| • | Your membership fees will change to the current fees for Standard Annual or Standard Monthly membership (as advertised for new members at the gym). |
5. Starting your membership
| a. | You will need to pay an administration fee when you join. You can get details of these charges from the gym. |
| b. | You may have to pay a joining fee when you apply for membership. |
| c. | If you ask us to reduce your membership fee because you meet a special condition, for example because you work for a particular employer, you will need to prove that you meet the condition before we will reduce your fee and, from time to time, we may ask you for up-to-date proof that you still qualify for the reduced fee. |
| d. | You will need to pay an amount to cover your membership fee from the day that you join until the 1st of the following month. If you join after the 20th of the month, you will need to pay for the rest of the current month, plus the whole of the next month. |
| e. | When you and anyone linked to your membership join, you will each need to have your photograph taken. This is to allow us to check your identity when you enter the gym. |
| f. | You can change your mind about joining. To do this you will need to give notice in writing. You can do this at any time up to 14 days after making your membership application and your entire membership will end. If you or any of your linked members enters the gym to use the facilities during the 14-day cancellation period we will charge a proportion of the monthly fee to cover this period and we will refund the balance of any fees you have already paid. |
6. Membership fees
| a. | For Standard Annual membership your membership fee is due every year and covers the year to come. You must pay for your membership by making one payment each year. |
| b. | For Standard Monthly membership your membership fees are due on the 1st of each month and cover that month. You must pay for your membership by making monthly payments by direct debit, unless we agree otherwise. |
| c. | For Flexible membership your membership fees are due on the 1st of each month and cover that month. You must pay for your Flexible Membership by making monthly payments by direct debit, unless we agree otherwise. |
| d. | Where you pay by direct debit we will ask your bank for your monthly payment around the first working day of each month. |
7. Membership cards
| a. | As soon as possible after you make your membership application, we will send or give you and any linked members (except for children) a membership card or token that must be used each time you or they enter the gym. We may refuse entry without a membership card or token. |
| b. | If you lose your card we will provide a replacement card we will charge you an administration fee of £5. |
| c. | Your membership is personal to you and you cannot transfer it to another person. You must not lend your membership card or token to another person. To protect all of our members, we may ask to see another form of identification (besides your membership card) before we allow you into the gym. |
| d. | If another person uses your membership card or token, we have the right to end your membership. Please read clause A16 ‘Cancelling your membership’. |
| e. | If the gym has the facility, you can use your membership card or token as a charge card for certain things you buy and for certain services you use at the gym. You can only do this if you pay for your membership by direct debit. |
8. Changing your membership categories and linked members
| a. | We realise that your needs can change over time, so you can apply to change your membership category by contacting the gym. You can only change your membership category after the end of your initial period. |
| b. | You may need to provide proof that you qualify for the new membership category you are applying for. |
| c. | When you change categories, your membership fees will change to the current fees advertised for that category for new members at the gym. You will have to pay any difference in the joining fee and membership fees between your new category and your old category. If you pay your membership fee in one payment each year and your initial period has ended, we will refund any over payment relating to the period after you change your membership category. We will not refund any joining fees you have already paid. |
| d. | If you want to link another adult member to your membership, we will need their signature to make the change. |
| e. | If you are linked to another member, either you or the other member can ask to remove that link. If the linked member also wants to end their membership, they will need to give the period of notice that applies to their membership type and the initial period will still apply as explained in A4‘Membership types and length of membership’. |
| f. | If we remove someone from a linked membership, the member who is left will become an individual member. If we remove the link between two members, each member will become an individual member. |
| g. | If we add someone to your membership as an adult linked member and you are still within your initial period, both you and your new linked member will start a new membership and a new initial period will apply to both of you, starting on the 1st of the month after the date we add the linked member |
| h. | Except where a linked member (who can be an adult or a child) ends his or her membership, any changes to your monthly payments caused by adding or removing a linked member will apply from the 1st of the month after the change takes place, as long as we receive notice of the change by the 20th of the month. Changes to your monthly payments when a linked member (adult or child) has ended his or her membership will apply at the end of the linked member’s notice period. |
9. Other charges
| a. | There may be an extra charge for a number of facilities and services. We will display the current charges on a noticeboard in the gym or on social media or you can get a list of the current charges from the gyms reception. |
| b. | For the purposes of working out the charges, we treat bank holidays as peak time. If you have an off peak membership, you will be able to use your club during off-peak times only (please ask you’re the gym for details of these times). |
| c. | Charges may vary from time to time. For details of all charges and fees, please contact the membership team at the gym. |
| d. | If you or a linked member uses these extra facilities and services or has to pay a guest fee but does not pay for them at the time, we will take the charges using your credit card (or, if this is not available, by direct debit). |
| 10. | Using other clubs |
| e. | As a member, you may be able to use other Club activities hosted at the gym. Please ask for details, as certain restrictions apply. |
11. Guests
| a. | You and any other linked adult member can introduce guests to the gym. You or the linked member introducing the guest must: |
| • | sign in any guests at reception; |
| • | stay with the guests at all times; and |
| • | make sure the guests are aware of, and keep to, our rules and regulations set out in ‘Part B –rules and regulations for using facilities’. |
| b. | Guests must pay the appropriate fee to use the facilities at the gym. |
| c. | Social guests (guests who are only entitled to use the café bar and not the sports facilities) will be able to visit the café bar only and there will be no fee for this. Social guests are not allowed to use the gym at peak times (please ask reception for details of these times) Before visiting the gym, social guests must download a pass from the members lounge section of our website / social media app |
| d. | You can get details of the guest fees which apply at the gym on our website or from the gym. |
| e. | There may be restrictions relating to guests and social, and extra charges may apply. Guests are only entitled to use the facilities that you (or the linked member who introduces them) can use under your membership. If you, your linked member or your guest breaks any of the rules relating to guests set out in these terms and conditions, or any other rules we have told you about, you (or your guest) must pay the full guest fee and we may withdraw the right for you or any linked member to invite guests to the gym for up to three months. |
| f. | You and any other linked adult member may sign in up to three guests at any one time. |
| g. | You can sign in the same adult guest up to six times a year, but no more than twice in any month. The restrictions in A11f and A11g do not apply to someone you sign in as your assistant to help you use the facilities under A3f. |
12. Transferring to another club N/A
13. Suspending your membership
| a. | At any time (other than after you have given us notice to end your membership) you can suspend your membership for a single period of between two and nine calendar months within any twelve month period. |
| b. | f you want to suspend your membership you will need to fill in a membership suspension form. You must put on the form the start date for the suspension and the number of months you want it to last. |
| c. | If your membership has linked members: |
| • | you can suspend the entire membership for yourself and all linked adult members and children, but you and all adult linked members will have to sign the membership suspension form; |
| • | you can suspend the membership of individual linked children due to a medical condition, but they will not have to sign the membership suspension form; and |
| • | if you suspend your and all your adult linked members’ membership, the membership of any linked children will also be suspended. |
| d. | The suspension will take effect from the first day of the month following the date we receive your membership suspension form signed by everyone who needs to sign it. You must make sure that the gym has received the signed membership suspension form. As the suspension will not take effect until we have received the form, we strongly advise that you get proof that we have received it. For example: |
| • | if you send the form by post, send it by recorded delivery (we will have to sign the delivery notice when we receive it); or |
| • | if you hand your form in at the gym, ask for a receipt. |
| e. | We will confirm, in writing, that we have received this form and the date when the suspension will begin. If you do not receive this confirmation within 10 days, you must immediately let us know. |
| f. | You will not be able to enter the gym while your membership is suspended. If we find that you are using the facilities while your membership is suspended, your membership will immediately restart and you must pay any appropriate membership fees that are due for the period while your membership was suspended. |
| g. | Throughout the time any adult membership is suspended, we will charge you 25% of the relevant monthly fee for each month the membership is suspended. There will be no monthly fee for a child membership throughout the time it is suspended. |
| h. | You can suspend your membership if you are suffering from a medical condition which means you are unable to use the gyms facilities (this does not include pregnancy, but does include a medical condition that arises during pregnancy). You must give us suitable evidence. The suspension will take effect from the first day of the month following the date we receive your membership suspension form signed by everyone who needs to sign it and your suitable evidence. Throughout the time your membership is suspended due to a medical condition there will be no monthly charge. |
| i. | If you suspend your membership and the suspension starts during your initial period, we will extend the initial period by the total period that your membership was suspended. If you give us notice to end your membership or the membership of a linked member while it is suspended, the suspension will end at the same time as the notice period starts, unless you are ending your membership early in line with A15.1 ‘Ending your membership early’. If you are ending your membership in line with A15.1, the suspension will continue to the end of your membership. |
| j. | Your membership will automatically restart at the end of the suspension. If the suspension form does not say how long the suspension is to last, your membership will automatically restart after nine months. |
| k. | Suspending your membership is not the same as ending your membership. |
14. Ending your membership
| a. | If your membership has no linked members, only you can give notice to end it. |
| b. | If your membership has linked members, the following rules apply for ending membership. |
| • | If you give notice to end the membership, we will treat it as applying to you and to all linked members unless you tell us otherwise. |
| • | If a linked member who has signed the membership application form gives notice to end the membership, we will treat it as applying to you and to all linked members unless the person giving notice tells us otherwise. |
| • | If your membership is ended, it automatically ends the membership of all linked members. |
| • | Individual adult linked members can end their own membership by giving us notice. |
| • | You can end the membership of individual linked children by giving us notice. |
| c. | The notice periods and the restrictions on giving notice in the initial period are set out in A4 ‘Membership types’. |
| d. | You must continue to pay your membership fees until your membership ends. |
| e. | Your membership will end at the end of your notice period. |
| f. | You must not enter the gym once your membership has ended. Linked members must not enter the gym once their membership has ended. |
15. Ending your membership early
15.1 Medical condition, loss of employment, insolvency, employment relocation, house move or other changes in personal circumstances
| a. | At any time you can end your membership if: |
| • | you are suffering from a medical condition which means you are unable to use the gyms facilities (this does not include pregnancy, but does include a medical condition that arises during pregnancy); |
| • | you lose your employment or are declared insolvent; |
| • | you are being relocated in your employment to a location which is more than 20 miles from The Gym; |
| • | you are moving home to a location which is more than 20 miles from The Gym; or |
| • | we are satisfied that there has been a change in your personal circumstances, other than those listed above, which means that it is no longer reasonable for you to use the gyms facilities or to continue being a member. |
| b. | To end your membership for one of the reasons listed above, you must give us notice in writing in line with A2b ‘Notice’. Your membership will end on the last day of the month in which we receive your notice or your suitable evidence, whichever we receive later (see A2a ‘Notice’, second bullet). |
| c. | You must give us suitable evidence, but you do not need to provide this at the same time that you give us notice. |
15.2 Increase in membership fees
| a. | At any time, you can end your membership if we give you notice under A18 (‘Changing your membership fees and this agreement’) of an increase in your membership fee of more than either 1% above the rate of inflation or 3%, whichever is higher. The rate of inflation means the Retail Prices Index All Items 12-month percentage change published by the Office for National Statistics for the July before the date on which we give you notice. |
| b. | You must give us notice in writing in line with A2 ‘Notice’. The period of notice is one calendar month for Flexible membership or three calendar months for Standard Annual and Standard Monthly membership. |
15.3 Significant changes at the gym
| a. | At any time, you can end your membership if we give you notice under A19a that we intend to: |
| • | change the location of the gym; or |
| • | close the gym permanently. |
| b. | At any time, you can end your membership if we give you notice under A19c that we intend to permanently withdraw the whole of the gym equipment from the gym.. |
| c. | At any time, you can end your membership if it includes access to gym facilities and we give you notice under A19d that we intend to permanently withdraw all of the gym equipment from the gym. |
| d. | In each of these cases, you must give us notice in writing in line with A2 ‘Notice’. |
| • | The period of notice is one calendar month for Flexible membership or three calendar months for Standard Annual and Standard Monthly membership. The only exception to this is if the period of notice we have given you is less than the period of notice you must give us, in which case you can end your membership by giving us written notice which ends on the date the changes apply from. We will refund any part of your membership fee you have already paid for any period after that date. |
16. Cancelling your membership
| a. | We will not tolerate our staff or other members being verbally abused or intimidated or being physically threatened. If we find this to be the case, we have the right to report you to the police, to ban you immediately and permanently from the gym and to cancel your entire membership. |
| b. | We may also cancel your entire membership in the following circumstances. |
| • | If you or a linked member breaks or repeatedly breaks this membership agreement or the gym rules and you do not or cannot put it right within seven days of us writing to you about it. |
| • | If, with your knowledge or permission, another person uses your membership card to get into the gym.. |
| • | If, with a linked member’s knowledge or permission, another person uses that linked member’s membership card or token to get into the gym. |
| • | If you, your linked member or your (or a linked member’s) guest uses rude or abusive language or behaves or threatens to behave in a violent or aggressive way at the gym |
| • | If, for a period of longer than 12 calendar months, neither you nor any linked member uses any gym facilities. |
| c. | If we receive any complaint about your behavior or that of a linked member at the gym or if you or a linked member persistently behave inappropriately, or if we believe that your continued membership (or that of a linked member) is not in the interests of other members of the gym, we have the right to suspend your entire membership. You have the right to appeal against our decision (unless your behavior is covered by A16a or A16b). You can get details of our appeal procedures from reception.. If we are not able to sort out the issue following your appeal, or if you do not appeal in line with our appeal procedures we have the right to cancel your entire membership. |
| d. | If we cancel your membership for any of the reasons in clauses A16a to A16c, we have the right to keep a proportion of the money you have paid under this agreement to cover any reasonable costs we have had to pay. We will also not accept any future applications you make for membership to the gym and you will not be allowed to enter the gym as a guest or for any other reason. |
17. If you do not pay your membership fee when it is due
| a. | If you do not pay your membership fee when it is due, we will write to you to let you know. If you are paying by direct debit, we will try to take this payment from your account again later in the month. If that is unsuccessful, but your direct debit instruction is still in force, we will try to take payment again in the following month for the payment you have missed and the amount due for the current month. |
| b. | We may refer any missed payments, including any future payments that are due as part of your contract (for example, payments you owe for the rest of an initial period or notice period), to a debt collection agency. |
| c. | If you fall behind with your membership payments for more than 30 days, we will charge you an administration fee of £75. We will also charge an administration fee of £10 each missed payment. |
| d. | If you do not pay for your membership, we may prevent you and any linked members (adults or children) from entering the gym. This does not mean we will end your membership. |
| e. | Cancelling your direct debit does not mean you have given us notice to end your membership. You must give us written notice in line with A2 ‘Notice’. |
18. Changing your membership fees and this agreement
| a. | We may increase membership fees automatically each year by up to either 1% above the rate of inflation according to the Retail Prices Index or 3%, whichever is higher. If we do this, the new fees will come into force on 1 January each year. |
| b. | If we plan to increase the membership fees by more than the higher of these amounts, we will make every reasonable effort to give you at least one month’s notice. We will give you notice of the change by writing to you (as described in A2e and f ‘Notice’) and by displaying a sign on the noticeboard in the gym. |
| c. | As well as the increase described in A18a above, we have the right to increase membership fees at any time to take account of any increase in the rate of VAT. We will make every reasonable effort to give you one month’s notice of the increase (either in writing or by displaying a sign on the noticeboard in the gym). |
| d. | We may make reasonable changes to this agreement, to these terms and conditions in Part A and to the rules and regulations in Part B or displayed in the gym, at any time, as long as we give you notice before we make the changes. |
| e. | We may transfer our rights or obligations (or both) under this agreement, or subcontract our obligations under it, to another organisation without giving you notice and you will continue as a member. If the other organisation fails to provide the same (or equivalent) facilities and services we provided, you may end your membership by giving them notice in writing. Your membership will end on the last day of the month in which they receive your notice. |
19. Making changes to the gym or its facilities, services and activities
| a. | If we decide to change the location of the gym or to close it permanently the following will apply. |
| • | We will make every reasonable effort to give you at least three months’ notice of the change or closure (either in writing or by displaying a sign on the noticeboard in the gym). |
| • | You can end your membership by giving us notice in writing in line with A2 ‘Notice’. You must give us one calendar month’s notice for Flexible membership or three calendar months’ notice for Standard Annual and Standard Monthly membership’. |
| • | If we cannot give you three months’ notice of the change or closure but you want to end your membership, you can give us written notice which ends on the date when the changes start to apply. We will refund any part of your membership fee you have already paid for a period after that date. |
| b. | We have the right to increase, reduce or withdraw certain facilities, services or activities in the gym either permanently or temporarily (for example, to carry out cleaning, repairs, maintenance or security work). |
| c. | If we decide to permanently withdraw the whole of the gym, we will make every reasonable effort to give you one month’s notice in writing. |
| d. | If we decide to reduce or permanently withdraw all of the equipment in the gym, we will make every reasonable effort to: |
| • | display a notice of the proposed change on the gyms noticeboard one month before the changes come into force. |
| e. | If we decide to make any other change to the facilities, services and activities available at the gym, we will give you notice by displaying the notice on the gyms noticeboard if this is reasonably possible. |
| f. | If the gym is closed for more than seven days in a row and we do not provide another facility (this may be a facility with fewer services or a temporary facility) at the gym or somewhere up to 10 miles from the gym, we will refund a percentage of your membership fees which relate to the period that your club is closed, but not including the first seven days. This does not apply if we have to close the facility due to reasons outside our control. It does not apply to facilities which we close during certain seasons, such as outdoor gym facilities. |
| g. | If we have to close facilities or the gym for reasons outside our control, we will try our best to provide other facilities or consider whether we should pay you any compensation. |
| h. | We will display details of the opening and closing times for the gym at reception. Opening times may vary during the Christmas period and on other bank holidays. We will let you know about these temporary changes on the gyms noticeboard. We will try to give you at least one month’s notice if we reduce the opening hours of the gym. |
Complaints
| a. | We are committed to making sure our members are satisfied with the service we provide, but we are realistic enough to know that things don’t go according to plan all the time. If you or your guests have a complaint, we want to know about it as soon as possible so that we may fully investigate it and sort the matter out. |
| b. | If you have a complaint, you should first tell a member of staff at the gym. If you are not satisfied with their response, you should contact the manager of the gym. If you are still not satisfied, you should contact the owner. |
Liability
| a. | We do not accept liability for damage or loss to your property or a guest’s property that may happen on the premises or within the grounds of the gym, other than the liability which arises from our negligence or our failure to take reasonable care. |
| b. | We do not accept liability for the injury or death of any member, child or guest that may happen on the premises or within the grounds of the gym, other than the liability which arises from our negligence or our failure to take reasonable care. |
| c. | Nothing in these terms and conditions is meant to limit any rights you might have as a consumer. |
Data protection
| a. | We will deal with all information we hold about you in line with our privacy policy which you can get from our website. If you want to know what information we hold about you, or you want us to correct any information we hold about you, the appropriate procedures are set out in our privacy policy. |
Children
| a. | We welcome children to the gym but they must behave reasonably. They must not put themselves or other people in danger or prevent other members from enjoying the gym or its facilities. If your child is behaving unreasonably, we have the right to speak to you or the child about this. |
| b. | If your child continues to behave unreasonably, whether on one visit to the gym or over a number of visits to the gym, we will try to sort out the issue by meeting with you. If we cannot sort out the issue during the meeting, we have the right to suspend the child from coming to the gym. |
| c. | If we suspend your child from coming to the gym and you want to appeal against this, you must appeal in writing to the owner of the gym. |
PART B – RULES AND REGULATIONS FOR USING THE GYM, FACILITIES AND ACTIVITIES
Definitions that apply to part B
| • | You | the lead member |
| • | Linked member | anyone who is linked to your membership |
| • | Your entire membership | your membership and the membership of your linked members |
| • | We and us | The Gym – Brian Goddard Limited |
| • | The Gym | The Gym – Brian Goddard Limited |
General health and safety
| a. | As your safety is our main priority, we do not allow crockery or glasses outside the gyms café area unless we have organised this. |
| b. | We do not allow pets (except for registered working assistance dogs and our own family dogs) in the gym. |
| c. | To protect the safety of all members and guests, you must pay particular attention to all signs relating to health and safety in the gym. If you do not understand a notice or sign please ask one of our team members at the gym. |
| d. | Fire exits are clearly marked throughout the gym. If there is a fire or if you hear the fire alarm, you should make your way out of the gym through the nearest possible exit to the advertised assembly point in the car park. |
| e. | If you suffer an accident or injury on our premises, you must report it and the circumstances under which it happened to the senior manager on duty immediately. |
| f. | For legal and health reasons, you must not smoke while using any of the gyms facilities. |
| g. | While you are at the gym, we expect you to behave appropriately, respectfully and politely, and dress appropriately at all times. We can prevent you from entering the gym or ask you to leave if we think that your behavior or appearance is not suitable. |
| h. | You should not use the gym if you have an infectious illness or condition. |
| i. | For your safety, when using the facilities, you must wear appropriate footwear. |
Your children’s health and safety
| a. | Children under the age of 14 are not allowed in the gym training rooms. Children aged over 14 are allowed in the gym however must be supervised at all times by a member over the age of 18. |
| b. | Restricted areas apply and will be signed clearly in the gym. |
Car park
| a. | You are only entitled to use the gyms car park while you are using the gyms facilities. |
| b. | We do not guarantee that car parking is available at the gym. |
| c. | You park in the car park at your own risk. We do not accept liability for any loss or damage to your car, or personal belongings in it, while you are parked in our car park. |
Lockers
| a. | You bring all personal belongings to the gym at your own risk. We do not accept legal responsibility for any loss or damage to these items. |
| b. | If you lose a key or padlock to any locker you have hired, you will have to pay a fee to cover the cost of a new key or padlock as appropriate. |
| c. | If you leave your belongings in a locker overnight but you have not paid for a yearly locker, we have the right to remove your belongings. You can claim the belongings we have removed from the gym reception for up to two weeks after we remove them. After this time, we will not be responsible for the belongings. |
| d. | If you find lost property, you must hand it into the gym reception immediately. The gyms noticeboard will show the times when you can pick up lost property from reception. We will hold items for three weeks only before giving them to charity. |
Gym and fitness facilities
| a. | Our aim is to make you feel better, and we try to make this as much fun as possible. We know that everyone has different aims, levels of skill, tolerance and fitness. Every moment you spend with one of our coaches is designed to focus on your needs. |
| b. | Before you start using the gym or fitness equipment, we will ask you to have a supervised gym induction session with one of our fitness coaches. |
| c. | If you have concerns about your physical condition, you must not do strenuous physical activities without first getting medical advice. |
| d. | To make sure you get the most from every activity that you do at the gym in the safest possible way, you should always make sure that you warm up properly and take time to cool down after your activity. |
| e. | You should not take part in any physical activity that you may not be fit for. You are responsible for monitoring your own condition during physical activity. |
| f. | You should tell the general manager, a coach or a member of the gyms team when you join about anything that is relevant to your physical condition. You should continue to keep this information up to date throughout your membership. |
| g. | You are responsible for monitoring your own physical condition. If you suffer any unusual symptoms, you must immediately stop the activity and tell a coach or any other member of staff at the gym. |
Bookings
| a. | The current booking terms and conditions are available on our website app or you can ask for a copy at reception. These rules are part of your terms and conditions of use and include rules on how and when you can book, and information we need from you to allow you to book. |
| b. | We may change our booking terms and conditions from time to time and we will tell you about any changes. Or, you can ask us for a copy of the terms and conditions at any time to check whether we have made any changes. |
Photographs and videos
| a. | You may take photographs and video recordings in the gym for your own personal use provided that you keep to these rules and any extra rules displayed at the gym. |
| b. | You must not take photographs or videos of any children under 18 other than your own. |
| c. | Anyone who appears in your photographs or videos must be aware that you are filming them and you must get their permission first. |
| d. | You must not take photographs or video recordings in a changing area or toilet. |
| e. | If another member is unhappy that you are filming them and makes a complaint to us, we may ask you to show us any images which you have taken in the gym and to delete them if appropriate. |
| f. | If a member of our team asks you to stop filming or taking photographs you must do so. |
Other rules
| • | Only food and drink bought in the gym can be eaten in the café area |