Terms and Conditions
PERSONAL HEALTH STATEMENT
Your health is your responsibility. The management & staff of this organisation are dedicated to helping you take every opportunity to enjoy the facilities that we offer. With this in mind, we have carefully considered what we can reasonably expect of each other.
OUR COMMITMENT TO YOU
- We will respect your personal decisions and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.
- We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to use and enjoy.
- We will take all reasonable steps to make sure that our staff are qualified to the fitness industry standards as set out by the Register of Exercise Professionals.
- If you tell us that you have a disability that puts you at a substantial disadvantage in accessing our equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.
YOUR COMMITMENT TO US
- You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical professional and follow that advice.
- You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.
- You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not qualified doctors, but there will be a person available who has had first aid training.
- If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.
- This statement is for guidance only. It is not a legally binding agreement between you and us and does not create any obligations which you or we must meet.
- The Club: Underground Gym located at Portslade, Newhaven and Tunbridge Wells.
- 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 with your application for membership and further copies will be made available on request.
- Commitment Period: The minimum term you are committing to remain a member of the Club from when you commence is 30 days (subject to extension if your membership is suspended).
- By signing up to be a member via our online signup the member agrees to comply with these Terms and Conditions of Membership and the Club Rules.
- 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.
- Confirmation of agreement: By using the gym on or after joining the gym you have accepted the terms and conditions and parameters of the agreement, a copy of which is sent to you upon joining up.
In the case of memberships paid either annually in advance or monthly by direct debit, Members shall be entitled to renew their membership on the expiry of the initial membership period with the same payment options as in the initial membership period. Note that continuance of monthly payments to the Club at the end of the initial membership period shall be deemed to constitute renewal of the Member’s membership for a further membership period at the prevailing rate in accordance with the Terms and Conditions set out in this contract.
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 your Commitment Period. For any changes to the monthly or annual fee, we will give you at least 30 days written notice.
The following fees prevail:
- Membership fee; The level of membership fees shall be determined according to the type and category of membership.
- Joining fee; A joining fee may be payable as specified in your application form. Your joining fee goes to startup costs.
- Other Fees; All other fees and prices for the sale of goods at the Club that include additional services and products such as, Physio, Sunbeds, Protein, Nutrition, Food and Beverage and any other services will be set by the Club and paid in addition to membership subscriptions at an additional cost.
- 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.
- 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 in full.
- 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 the responsibility of the member and will be legally recoverable from the member.
- The Club is entitled, and you agree to by signing up to these terms and conditions that we can collect an annual enhancement fee of £19 to further enhance the Club facilities.
- Member Rewards Scheme:
The Club may operate a referral scheme whereby you will receive a financial benefit or prize for introducing new members to the Club.
- If the member you introduce joins on a Direct Debit membership, you will receive the benefit monthly (in arrears and after the first Direct Debit payment has been made by the referred member) against your account or your monthly Direct Debit fee, with the following conditions:
- You will only receive this benefit if your membership, and that of the referred member, are both current.
- You will only receive this benefit if the referred member ‘s membership is not suspended.
- 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.
- 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.
- Freezing of membership:
A Member may, if he/she is unable to make use of the Club facilities by reason of illness or injury, Freeze his/her membership for one continuous period of at least 1 month and a maximum of 3 months. 30 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 Freeze of membership. Any Freeze 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 Freeze period.
- Termination by the Club
We may terminate this agreement in the following
- 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;
- If any part of your membership fee remains unpaid 30 days after its due date for payment, or
- 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.
- Termination by you
You may terminate this agreement in the following circumstances:
- You can give notice in writing to terminate at any point during the Commitment Period, but this cannot end your membership before the end of the Commitment Period.
- You may terminate your membership by giving the Club at least 1 full calendar months’ notice in writing, so that your membership will terminate at the end of the following calendar month after notice was given.
- Cancelling your direct debit instruction for the payment of fees is not sufficient.
- You may terminate this agreement in writing on 1 calendar months’ 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. a doctor’s certificate).
- You may also terminate this agreement if:
- We permanently reduce the facilities or opening hours of the Club
- We change the location of the Club; or
- We close the Club for refurbishment for a period of more than 30 days at a time
- To Terminate your membership please email the club directly or visit visit www.underground-gym.com/cancellation-injury/
- A member requires confirmation in writing of cancellation from the Club Manager and they should contact the Club Manager if this is not received with in 7 days of the member giving notice to cancel. The member should provide details of the address for delivery of this written notice if this address is different from that held by the Club Manager.
- Access Control:
Upon joining you will be issued with a virtual membership QR code that you download via the Underground Gym app to get access to the facilities. You QR code is not transferable and any member allowing their code to be used by another person is in serious breach of these Membership Terms and Conditions and will entitle the Club to terminate membership without notice in accordance with Clause 7 above.
- Club Rules:
- The Club 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 Club. Permanent changes to the Club Rules will only be made after at least 30 days notice to members, except in the case of emergency.
- The Club reserves the right to adjust the availability of certain facilities or close the Club on a temporary basis for the general purpose of cleaning, decorating, essential repairs, maintenance of equipment, special functions and holidays.
- Restriction of Liability:
- 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.
- 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.
- 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:
- Your own fault
- A third party unconnected with our provision of services under this agreement or
- Events which neither we nor our supplier could have foreseen or forestalled even if we had taken all reasonable care.
- Health & Safety:
Members must read all Health and Safety notices displayed in the Club and comply with their recommendations.
- 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 and 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.
Notices from you to the Club must be in writing and addressed to the general manager at the Club. The Club reserves the right to require evidence of emailing, 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 the Club must be receipted. Notices from the Club to you will be emailed or posted to you at your address in the membership records (or, where these terms permit, displayed on notice boards at the Club).
All members must have an induction on how to use the equipment safely. Please contact your Club to arrange your induction.
- Club Enhancements:
The Club is entitled and you agree to by signing up to these terms and conditions that we can collect an annual enhancement fee of £19 to further enhance the Club facilities.
- Membership Subscription:
If you pay monthly we will collect your membership subscription via a third party operator on behalf of Underground Gym which is collected via Direct Debit until further written Notice.
We always ask that 30 days’ notice is given for cancellations or any other changes to your membership and request that all contact is made via email or in writing.
- Email Updates:
To Comply with GDPR laws, We may use your contact information for internal marketing, newsletters and with any updates regarding personal memberships , exclusive members offers, Seminars, events and more. If you do not want to be included in such communication, please contact Underground Gym.
Please ensure that upon your first visit to the club you register your car at reception on the car park tablet. Failure to do so will result in a ticket. You only need to register your car once; this will then be held on our system until you terminate your membership. Please make sure you only park in Underground Gym spaces. We cannot help with parking fines received if you park in another business spaces.
Application Declaration – By signing up to membership you agree that you have read and understood the terms set out above.
I confirm the above information is correct and apply for membership of the Club under the standard terms and conditions which I have had an opportunity to read and discuss with the Club.