Mark
Slater Training Gym Membership Terms and Conditions
Gym Membership
Terms and Conditions
1.
Introduction
1.1
Your agreement is with us, Mark Slater Training
1.2
These terms and conditions form part of your agreement with
us, and replace any previous terms and conditions. Your membership agreement
with us is made up of:- your completed and signed membership agreement form;
- 1.2.1
these terms and conditions or, if you join on-line, the membership
agreement terms described in section 1.8 below; and
- 1.2.2
the terms of Sports Centre use described in sections 1.4 and 1.5 below.
1.3
These documents together form a legal, binding agreement
between you and us, so please make sure that you read them carefully and
understand them. If you have any questions, please ask a member of our team.
1.4
You, and all of your guests, must comply with and agree to
the rules and regulations that apply at the Sports Centre you and your guests
are using.
1.5
All our memberships are monthly memberships. In these
terms and conditions, monthly means every calendar month. A full calendar month
starts on the first day of the calendar month and finishes at the end of the
last day of that calendar month. When we refer to month in these terms and
conditions, we mean a full calendar month.
1.6
For members joining on-line:
- 1.6.1
Your membership agreement terms are accessible through a link sent out
in the receipt email that you will receive within 3 business days after
joining. If you do not receive the receipt email within the 3 days, please
contact your home club. A ‘business day’ means Mondays to Fridays excluding
Saturdays and Sundays and bank and public holidays in England & Wales or,
if you live in Scotland, in Scotland.
- 1.6.2
References in these terms and conditions to “membership agreement
terms” means the membership agreement terms that are accessible through a link
sent out in the receipt email.
2. Starting
your agreement
2.1
Your agreement commences on the start date set out on your
membership agreement form.
2.2
When your membership starts, you will need to make the
payments set out on the membership agreement. You cannot use your Membership
until you have signed your membership agreement form, made the payments set out
on the form, and set up your direct debit.
2.3
You may need to pay an activation fee, details of which
will be set out on your membership agreement form.
2.4
If you join part way through a month or year, we
will work out any proportional monthly fees that may apply and set out on your
membership agreement form any initial fees (including, but not limited to, any
activation fee) that you have to pay and the payment method.
3. Type of
membership
3.1
We offer various types of membership to persons aged 16 or
over.
3.2
The Sports Centre facilities available to you, the amount
you pay and the times when you can use the Sports Centre will be made clear
when you join. The membership type you
have selected will be shown on your membership agreement form.
3.7
Each of the memberships will fall into one of the
following categories:
- 3.7.1
An individual membership – the agreement is with you only.
- 3.7.2
A joint membership – you and one other person join together (you
must both be aged 18 or over). You must use one bank account for payment and
live at the same address.
- 3.7.4 A
Discounted membership – student
3.8
Please see section 6 below for the different payment
options available to you.
3.9
We are not responsible for or will not refund any
subscriptions if you later change to a discounted rate that you were
previously
eligible for.
4.
Further benefits and upgrades
4.1
We offer some extra benefits that you can add to
your membership at an additional cost.
4.2
If you choose an extra benefit, we will add any
charges for it to your monthly membership fee and you must pay your membership
fee and additional charges under your payment option.
5.
Your membership fees
5.1
The cost of your membership will depend on the type of
membership and the membership commitment period you have chosen (see section 6
below).
5.2
We will set out all amounts that you need to pay for your
membership on your membership agreement form.
5.3
If you are unsure about the fees and any additional
charges that you are paying, please speak to your home club.
5.4
During your membership, you must pay your membership fees
whether or not you actually make use of any club or our facilities and services
unless you have frozen your agreement in line with section 9.
5.5
When your membership ends for any reason, and we have
taken the final payment from you, you are responsible for cancelling your
direct debit. You should not cancel your direct debit before your membership
has ended, as if you do so we may be unable to collect any remaining payments
you owe. In such event, we will contact you about this.
6.
Payment options
6.1
For each of the payment options set out below, all
the monthly fees and any additional charges could change in line with section
14.
6.2
As stated above, all our agreements are monthly
agreements. The monthly membership fee you pay will depend on the type of
membership you choose, the payment option you select and the minimum number of
complete months you commit to be a member for.
6.3
The types of payment option on offer are as follows:
- 6.3.1.
Standard monthly
- 6.3.1.
(a) With this payment option, you commit to being a member and
paying the monthly membership fee for at least one full calendar month; and
7.
Payment methods
7.2
You must sign a direct debit mandate form at or
prior to the start of your membership and we will take your payment on or
around the first working day of each month.
7.3
We may, entirely at our discretion, accept other
payment methods to start, restart, transfer or upgrade your membership.
7.4
If you have a joint membership, you must pay both
monthly membership fees by a single direct debit.
7.6
When you or your bank tell us about a change to your
bank account details, we may ask you to sign a new direct debit mandate form.
8. Failing to pay
8.1
This section is about what will happen if you do not pay
your monthly membership fee or any other fees or charges you have agreed to pay
because:
- 8.1.1
The account details you gave us for the direct debit are wrong; or
- 8.1.2
There is not enough money available in your bank account; or
- 8.1.3
You have cancelled your direct debit without giving us the correct
notice period (see section 11 of these Terms and Conditions)
8.2
If the account details you gave us for the direct
debit are wrong:
- 8.2.1
We will ask you to pay by debit card or credit card and to give us
your correct bank details. You will also be asked to complete a new direct
debit mandate form.
- 8.2.2
While you owe us payments you will not be allowed to enter or use
the Sports Centre. Once your payments are up to date you will be allowed to enter
and use the facilities. You will still have to pay all monthly membership fees
for the duration of the commitment period you signed up to.
8.3 .
If there is not enough money available in your account:
- 8.3.1 . We
will ask you to pay by debit card or credit card. If, after the second month we
have contacted you, you still owe us the payment, we will cancel your
membership from the end of that month or, if you have a discounted monthly
membership, at the end of your commitment period. Where a direct debit payment
has failed or been refused, we may attempt to obtain payment through the same
direct debit. You are responsible for any charges imposed by your bank in
connection with any failed payments or attempts.
- 8.3.2
While you owe us payments you will not be allowed to use the facility.
Once your payments are up to date you will be allowed to enter and use the
facilities. You will still have to pay all monthly membership fees for the
duration of the commitment period you signed up to.
- 8.3.3 .
If you are not in a commitment period with us, we will take the first
month you fall into arrears as deemed notice to cancel your membership.
8.4
If you have cancelled your direct debit without giving us
notice:
- 8.4.1 . We
will ask you to pay by debit card or credit card. If you are not within any
commitment period you agreed to, we will cancel your membership from the end of
the following month and your account will remain in debt until the outstanding
payment is made.
- 8.4.2
While you owe us payments you will not be allowed to enter or use any of
the facilities. You will still have pay all monthly membership fees for the
duration of the commitment period you signed up to.
8.5
We may appoint a debt collection agency to collect any
payments you owe us, and you may have to pay any costs associated with this,
including legal and court costs and interest. Or we may choose to take the
payments owed from your credit card or debit card using the credit card or
debit card details you have given us and you hereby authorise us to do so.
9. Freezing your
membership
9.1
You may temporarily freeze your membership for between one complete
calendar month and 3 complete calendar months for the following reasons only.
We may require you to produce proof which is satisfactory to us of any of these
reasons that you are relying on to freeze your membership, in accordance with
section 18 of these Terms and Conditions.
- 9.1.1
Pregnancy
- 9.1.2
Serious illness
- 9.1.3
Serious injury
- 9.1.4
Redundancy
9.2
As long as you obtain our prior written agreement, you may extend
the period of any membership freeze. Freezing your membership is not the same
as cancelling your membership – freezing is a temporary suspension,
cancellation is terminating your membership. To cancel your membership you must
follow the procedure described in section 11 below.
9.3
If you want to freeze your membership, you can request us to do
so in writing or by completing a form at your home club. As long as we receive
your request on or before the 15th day of the month, we can apply this from the
first of the following month.
9.4
If we receive your request in accordance with section 10.3 and
agree to freeze your membership, we will do so with effect from the first day
of the following month. We cannot freeze it from an earlier date and will not
refund any monthly fees paid before your membership was frozen.
9.5
When you request us to freeze your membership, you will need to
tell us when you plan to resume your membership and return to your home club,
although your membership can start again before this date if you let your home
club know. We will automatically start your membership again, and start taking
any direct debits, on the date you tell us you want your membership to resume.
9.6
We will not charge you membership fees while your membership is
frozen. If we increase our prices during
the period when your membership is frozen, you will have to pay any new prices
that apply to your membership type when your membership resumes.
10.
Your right to cancel your membership
10.1
Cancelling your membership during the cooling-off period
- 10.1.1
If you have purchased your membership online, you have a legal right to
change your mind within 14 days of joining and receive a refund. The 14-day
cancellation period commences the day of your membership start date which is
stated on your agreement. This is called the ‘cooling-off period’. If you
choose to cancel within the cooling off period, we will give you a full refund
of the activation fee and any other fees you have paid.
- 10.1.2 If
you want to cancel your membership within the cooling-off period, you must send
your notice in writing to your home club’s manager or fill in a form at your
home club.
- 10.1.3 If
you have purchased your membership in person at a club, rather than by joining
online, you may be entitled to cancel and obtain a refund subject to the
provisions of clause 12 below.
- 10.2
Cancelling your membership after the cooling-off period
10.2.1
To cancel your membership after the cooling-off period has
expired, you must send your notice in writing. If we receive your notice on the
first day of the month, your membership will end on the last day of the same
month. If we receive your notice after the first day of the month, your
membership will end on the last day of the following month. This means we will
take one more direct debit payment before cancelling your membership.
For example, if we
receive your notice on 10 May, cancellation will take effect from 30 June. If
you are within your commitment period, we will cancel your membership from the
1st day of the month after the commitment period has finished, as long as it is
at least one full calendar month in advance
- 10.2.2 If
you cancel your membership in writing (by post or e-mail), when we receive your
written notice we will send you an acknowledgement letter or email to confirm
the date that your membership will end. If you do not receive this
acknowledgement, you must assume that we have not received your cancellation
notice and you must contact us and send a further cancellation notice to us.
10.3
After the cooling-off period you may cancel your membership within your
membership commitment period for the reasons set out in 10.3.1 to 10.3.9 only.
We may require you to produce proof, satisfactory to us and in accordance with
section 18 below, if you cancel for any of the following reasons:
- 10.3.1
Pregnancy
- 10.3.2
Serious illness
- 10.3.3
Serious injury
- 10.3.4
If you move house
- 10.3.5
Redundancy
- 10.3.6
Your office re locates
10.5
As well as the above, you may cancel your specific type of membership in
the following ways:
- 10.5.1
Standard monthly - if you have chosen, or changed to, our standard monthly
payment option, you can cancel your membership by giving us one full calendar month’s
notice in writing.
- 10.5.4
A joint membership - if you have chosen or changed to a joint
membership, we will automatically change your membership to an individual membership
if the other joint member gives the correct notice to cancel. We will inform
you of the new monthly membership fees applicable and when you will start
paying them. If you both want to cancel, you should follow the process in sections
10.5.1.
10.6
If you have joined on-line, to cancel your membership you
can either complete the request to cancel form, a link to which can be found in
your receipt email, or you can cancel in any of the ways mentioned in this
section 11.
11. 14-Day Money Back
Guarantee and Refunds
11.1 In some
circumstances we offer a 14-day money back guarantee to new, first-time members
who wish to cancel their membership.
To be eligible to
claim under the money back guarantee, you must be a new, first-time member.
Where you are
eligible to claim under the 14-day money back guarantee, you must give us
written notice of cancellation by email or by completing the appropriate form within
14 days from the date on which your membership starts – this may differ from your
joining date, for example you may join the gym on the 1st day of a month but
decide not to start your membership until the 14th day of that month. In that
instance, the 14-day period commences from and including the 14th day.
We will process
your cancellation request immediately and refund any payments made on your then
current membership in accordance with 11.2 below.
This money back
guarantee is separate and distinct from your right to cancel where you have
joined online, by email or telephone – see section 11 ‘Your Right to Cancel
Your Membership’ – but we will only refund any payments made once.
11.2 We will issue
any refunds due to you by bank transfer or by the same method you made payment
to us.
12.
Our right to cancel or freeze your membership
12.1
We may cancel your membership at any time by giving you one
month’s notice in writing. In these circumstances, we will refund you the fee
that you have paid for that month, and any fees you have paid for future
months.
12.2
We may freeze your membership at any time (we will not
charge you monthly membership fees while your membership is frozen) or cancel
your membership without giving you notice, if:
- 12.2.1
We, in our professional opinion, consider that you are not medically or
physically able to use our facilities safely, or;
- 12.2.2
You seriously or repeatedly break the conditions of your membership; or
- 12.2.3
You allow another person to use your membership (unless you have
notified us in writing in advance that your membership card has been lost or
stolen); or
- 12.2.4
If you and/or any of your guests use offensive, abusive or
discriminatory language or use or threaten violent, offensive or intimidating
behaviour or conduct, or if your behaviour or conduct does or, in our
reasonable opinion may, put our employees and/or other members and/or guests at
risk; or
- 12.2.5
You and/or any guest(s) do or attempt to provide, offer, engage
in, advertise or promote, whether or not for payment or other reward, at the Sports
Centre or other facilities any activities or services which do or may compete
in any way with any activities or services provided, offered, engaged in,
advertised or promoted by us or our authorised personnel, including but not
limited to personal training or other training, coaching or instruction to any
individual or group.
12.3
If we cancel your membership under section 13.1 or 13.2 we
will not allow you to join any Membership with Mark Slater Training ever again.
12.4
If we permanently close the Sports Centre, we will, where
possible, give you at least one full calendar month’s notice in writing. We
will send this to the address you have given us. We will also put a notice on
The Sports Centre information board.
12.5
If we receive official notice (for example, from the
executors of your Will or from your bank) that you have died, we will
immediately cancel your membership and refund any fees you have paid for the
remaining membership commitment period.
13.
Our right to change your membership, these terms and conditions or the terms of
club use
13.1
We may, at any time, withdraw and/or substitute a type of
membership or a payment option for new members or members who want to change,
restart or renew their membership or payment option.
13.2
From time to time we may change our monthly membership
fees. We will try not to change the fee more frequently than once in a calendar
year, and to ensure that any change is reasonable, but we cannot guarantee
this. We will tell you about any change that will apply to you, and will give
you at least one full calendar month’s notice before the change comes into
effect. Please see your payment options for details of how fee changes will
affect you.
13.3
We may, without notice to you, make reasonable changes to these
terms and conditions if the changes are for the benefit of the majority of our
members.
13.4
When we make changes that may affect you, we will give you notice
of the changes we plan to make by displaying the changes in your home club for
one full calendar month. If you are not happy with the changes, you can cancel
as explained in section 11 of these terms and conditions.
14.
Restarting your membership after cancellation
14.1
Where you have cancelled your membership, you may restart your
membership again at any time. To do so, you will need to sign a new membership
agreement form and set up a new direct debit with us.
14.2
You will not be able to restart your membership until you have paid
all amounts you owe us for your previous membership (if any), and we can refuse
to let you restart your membership again until you have done so.
14.3
If your membership was cancelled by us due to reasons in section
13, you will not be able to restart your membership with us.
15.
Events beyond our reasonable control
15.1
If we cannot provide all the services and facilities at the Sports Centre
for 30 consecutive days or more, or services and facilities are significantly
reduced for 30 consecutive days or more, for reasons or events beyond our
reasonable control, you or we can cancel your agreement immediately by written
notice. By law, we do not have to pay you compensation in these circumstances.
However, we will try, where reasonably possible, to let you use another of our
clubs.
15.2
Reasons or events beyond our reasonable control could include, for
example, but are not limited to natural disasters, government actions, war,
national or regional emergency, acts of terrorism, protests, riot, fire,
explosion, flood, an epidemic and strikes or other labour disputes (not
relating to our workforce).
16.
Transferring your agreement
16.1
We may need to transfer (assign) all or part of your agreement to
another company. We can do this as long as your rights under the agreement are
not adversely affected or materially reduced.
17.
Proof
17.1
We may need you to provide proof, which is satisfactory to
us, of:
- 17.1.
Your eligibility for a specific type of membership, either before
your membership starts or at any time during your membership; or
- 17.1.2
Your entitlement to cancel or freeze your membership; or
- 17.1.3
Any email you sent to confirm cancellation or the date you posted your
cancellation notice, or both.
17.2
If you cannot provide satisfactory proof, for example you
cannot prove the date of postage of your cancellation notice, we will not be
able to cancel your membership and your membership may continue unless and
until you do provide us with a proper and effective cancellation notice.
17.3
If you cannot provide satisfactory proof of your eligibility for a
particular discounted membership, we will automatically upgrade you to the full
rate and inform you in writing in line with the direct debit guarantee.
17.4
We will require a photograph to be taken as proof of identity and
to be held against your membership record to validate entry.
17.5
We will request photographic evidence at your time of joining, to
validate your identity.
19. Your
contact details
19.1
We will send all letters, emails, communications and information
to the address and other contact details you have given us on your membership
agreement form. You must keep us up to date with any changes to your address or
other details by filling in an administration form at the Sports Centre.
19.2
If at any point we find that you have provided us with an
incorrect name, address or other details which are not your own, we may cancel
your membership and prevent you from joining or attending in the future.
20.
Guests
20.1
If you are aged 18 or over, you can invite guests to your home club.
Each guest will have to pay a fee to be entitled to enter that club and to use
the facilities. You can get details of these fees at your home club. Your
guests must sign in at the club’s reception and fill in an exercise
questionnaire at the start of each visit. Your guests may not be able to use
the facilities without written confirmation from their doctor if any concerns
about health, fitness or exercise are identified or arise from the
questionnaire.
20.2
If a member wishes to use a club outside of their access group then a
member guest fee is payable at a 50% discount off the club’s current guest fee
rate. Your membership card must be shown to receive this discounted guest fee
(excludes Connections members)
20.3
You must ensure that your guests comply at all times with these
terms and conditions (where these apply) and with the club’s terms of use. Any
failure to do so, may result in the withdrawal of access rights for you and/or
any of your guests and, for any serious breaches or transgressions, in
cancellation of your membership.
20.4
We can refuse admission of any guest into any of our clubs, and we
may require a guest to produce a form of identification which is acceptable to
us before they can enter a club. We are at liberty to refuse entry at our
discretion and without giving any reasons.
20.5
Your guest does not need to be with you to visit the club (unless
we say otherwise) as long as they have a current and valid guest invitation
card.
20.6
We may restrict:
- 20.6.1
your maximum number of guests at any one visit to 2; and
- 20.6.2
any guest to a maximum of 12 visits per year; and
- 20.6.3 the
use of individual guest passes more than 3 times in one month.
21.
Mobile phones/photography policy
21.1
No cameras, mobile phones, tablets or other electronic or photographic devices
are permitted or to be used poolside or in changing rooms at any time.
21.2
No photography is permitted at the Sports Centre at any time except with
the prior approval in writing of the Sports Centre Manager.
22.
Queries
22.1
If you have any queries about these terms and conditions, payments
or specific details at the gym, please speak to a member of staff at the Sports
Centre.
23.
Liability
23.1
When we carry out any health assessments and exercise
questionnaires we may identify possible problems with you taking part in
exercise and recommend that you seek and obtain medical advice. We are not
responsible if you ignore our recommendations and continue to exercise at any
of our clubs.
23.2
Mark Slater Training cannot guarantee that all the facilities at any
club are available at all times due to maintenance issues and facility or
equipment breakdowns or malfunctions. By law, we do not have to pay you
compensation for any service, facility or equipment not being available
(including, by way of example only and without limitation, for reasons of
health and safety, or if the unavailability is for the benefit of our members
generally) unless this was due to or caused by our negligence.
23.3
By law, we do not have to pay you compensation for loss or damage
you may suffer unless such loss or damage is caused by our negligence or
failure to comply with applicable law.
23.4
We will not pay you compensation if we have failed to carry
out our duties due to:
- 23.4.1
Your own fault;
- 23.4.2
The fault of someone else who is outside of our control or who is not
connected with providing our services under these terms and conditions; or
- 23.4.3
Events outside of our control or which we could not have known about
prior to their occurrence even if we had taken all reasonable care.
23.5
We can make changes to the type of facilities we provide,
and we will give you notice (where possible we will provide reasonable advance
notice) of any such changes. We will not be liable for any loss or damage
caused by these changes unless the loss or damage is caused by our negligence.
23.6
You must make sure that you can do the exercise provided by any
exercise programme you follow or any class you go to.
23.7
You should consult your doctor before you start any exercise,
exercise programme or class you attend and/or if you are not sure whether it is
suitable and/or if you have a pre-existing illness or medical condition.
23.8
We cannot accept liability for theft or for loss or damage to you
or your guest’s property in the Sports Centre or the car park unless that theft
or loss or damage was caused by our negligence. It is your responsibility to
ensure that your valuables are kept secure. Wherever possible, you should avoid
bringing in valuables or large amounts of cash into the club.
23.9
Subject only to section 23.10, in no event shall our total
liability to you for any one event or series of related events exceed the sum
of 150% of the total amount paid by you for your membership and/or the services
giving rise to the liability in the 12 months preceding the first incident out
of which the liability arose.
23.10
Nothing in these terms and conditions excludes or limits our
liability for:
- 23.10.1
Death or personal injury caused by our negligence or that of our staff; or
- 23.10.2
Fraud or fraudulent misrepresentation; or
- 23.10.3
Any other liability which we cannot by law exclude or limit.
24.
Data protection
24.1
Your membership with us is governed by the laws of England and
Wales.
24.2
We will keep any clinical information you give us confidential
and secure and only pass it to, or receive it from, those involved with your
programme or treatment. By joining one of our membership options, you are
giving us permission to share relevant clinical information that relates to
your health goals between members of our staff.
24.3
It is important that we hold the most up-to-date contact details for
you. You are responsible for keeping all your personal contact details and
choices for how you want to receive marketing materials up to date.
25. Choice
of law
25.1
Your membership with us is governed by the laws of England and Wales or,
if you live in Scotland, by the laws of Scotland. You agree that all disputes
relating to your membership and or our agreement with you which we are unable
to resolve between us will be subject to the non-exclusive jurisdiction of the
English and Welsh courts or, if you live in Scotland, the Scottish courts.
These terms &
conditions were last updated in August 2020.