Terms & Conditions

Terms and Conditions

Terms and Conditions

1. THE CENTRE 


1.1 The Centre is managed by the 24/7 Fitness Group. Registered address: 24/7 Fitness, Foley Grove, Kidderminster DY11 7PT.

2. ACCEPTANCE OF MEMBERSHIP

2.1 The decision to accept the application of a potential member shall be at the sole discretion of the Centre. The Centre reserves the right to verify, or require proof of all information given in order to obtain membership and any fraudulent or wrongful information given in order to obtain such membership could result in the cancellation of all membership rights and lead to the payment of all monies due to the Centre. If the membership application is accepted by the Centre, membership of the Centre by the applicant shall commence as stated on the agreement. Upon acceptance of the member by the Centre, a PIN number shall be issued by the Centre. The PIN number entitles the holder to all the rights and privileges exercisable by the category of membership of the holder.

2.2 The acceptance of an application for membership of the Centre shall constitute a legally binding agreement between the member and the Centre. The member hereby agrees also to be bound by the Club Rules, a copy of which can be provided by asking at Reception.

2.3 PIN numbers are issued to all current members and must be used at the Reception gate to gain membership rights every time a visit is made to the Centre. Clubs using the finger scan system will need to register their finger scan using the pin number provided. The scan measures points on a finger print and translates this to an algorithm. PIN numbers may only be used by the registered member and any fraudulent use of the PIN number by the member will result in cancellation of the membership with no refund being made by the Centre.

3. LIMITATION OF LIABILITY

3.1 The member acknowledges that the Centre's obligations and liabilities in respect of the Centre are defined in this agreement and/ or within the Regulations Applicable to All Users.

3.2 The member is responsible for the consequences of any use of any of the facilities of the Centre. The Centre will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract, or otherwise.

4. PHYSICAL HEALTH OF MEMBER

4.1 The member warrants and also represents that he/she is in good health and is not knowingly incapable of engaging in either active or passive exercise. The member further warrants that such exercise would not be detrimental to their health, safety, comfort, well-being or physical condition, the member acknowledges and has read and agrees with the Health Agreement displayed at Reception. The member acknowledges that they understand that they are responsible for their own well-being and safety during the unmanned hours and in the event of an emergency they will use the emergency help phone numbers to contact the out of hours manned call centre.

4.2 An induction is available free as part of the membership for all new members, the member has the choice to opt out of the induction at their own risk. In the event the member does not organise and attend an induction with the club, this will be deemed to be their confirmation that they have opted out of having an induction and are fully confident about using the equipment safely and as the manufacturer designed the equipment for. In the event that a member opts out of an induction they agree that they have done so following reading and agreeing to the following Induction Waiver:

Induction Waiver: It is formally noted that you have opted out of induction training and will undertake to consult staff on an ongoing basis in manned hours in relation to the safe use of our facilities and equipment and that you accept responsibility for your own wellbeing during unmanned hours. This Club recognises the importance of every new member undergoing our induction training. This is carefully designed to ensure that the individual is made aware of the facilities and equipment on offer and in particular is given advice in the safe use of our facilities and equipment. We strongly recommend each new member to undergo our induction training. It is hereby noted that notwithstanding our clear advice, you are a confident and experienced gym user and have made an informed decision not to undertake induction training. In these circumstances the Club will allow you to use the facilities, provided that you seek advice from a member of staff if you are in any way unfamiliar with a particular piece of equipment or type of exercise.

5. MEMBERSHIP

5.1 The are three categories of membership, basic, standard and premium.

Basic: entitles the member to full use of the specific Home Club that they joined only and not multi site usage. Members in this category enter into a contract with a minimum term of 12 months.

Standard: entitles the member to full use of the specific Home Club that they joined only and not multi site usage. Members in this category enter into a rolling contract with a minimum term of 1 month.

Premium: entitles the member to full use of the specific Home Club that they joined and multi-site usage of all other 24/7 Fitness clubs in the UK. Members in this category enter into a rolling contract with a minimum term of 1 month.

All categories of membership shall be subject to these Terms and Conditions of Membership which are in force at the time.

Promotional Rates: from time to time the site may offer a promotional rate, the promotional rate will run as per the promotion terms and conditions at the time of the promotional offer was made.

5.2 Other categories of membership shall be stipulated by the Centre from time to time.

6. MEMBERSHIP CHARGES, PAYMENT OPTIONS & TERMINATION OF MEMBERSHIP

6.1 All members are liable to pay all annual or monthly membership fees irrespective of actual usage of the Centre facilities.

6.2 Members may elect to pay their membership fees in monthly instalments (Direct Debit) or in full, or by a Subscription payment. The options available for each Membership Plan will vary from time to time at the sole discretion of the Centre.

6.3 The Centre reserves the right to increase Membership fees on a yearly basis. If paying by Direct Debit, the contract is for a minimum of either 1 or 12 months (the period). Following the first period, Debit Finance Collections Plc will continue to take monthly Direct Debit instalments unless the necessary notice to terminate is provided.

6.4 If the member is on a Month to Month membership, the member can cancel their direct debit (in the name of Debit Finance Collections) directly with the bank and this will automatically cancel their membership as at the end of the month in which they have cancelled their direct debit.
Notice to terminate on a Month to Month may also be given in writing or email direct to Debit Finance Collections PLC or via the Member Changes Form on the 24/7 Fitness website that is sent directly to Debit Finance Collections PLC. Such notice must be received at least 10 days prior to the next Direct Debit due date to be effective for that month end. Receipt after 10 days in advance of the next Direct Debit will result in the membership being terminated at the end of the following month.

6.5 If the member is on a 12 Month Membership, the contract is for a minimum 12 direct debit payments (the period). Following the first period, Debit Finance Collections PLC will continue to take monthly Direct Debit instalments unless notice is given in writing or email direct to Debit Finance Collections PLC or via the Member Changes Form on the 24/7 Fitness website that is sent directly to Debit Finance Collections PLC. Such notice must be received at least 10 days prior to the next Direct Debit due date to be effective for that month end. Receipt after 10 days in advance of the next Direct Debit will result in the membership being terminated at the end of the following month.

6.5.1 Completion of the Member Changes web form on the website www.247fitness.co is the recommended method of giving your notice. Please note in the event of any dispute proof of the member giving their notice must be provided, we therefore strongly recommend the use of recorded delivery letters if you do not have access to the web form on the website.

6.6 24/7 Fitness do not process or accept termination requests sent by post or email to the club. 24/7 Fitness do not accept verbal termination requests. All such requests have to be communicated as above to Debit Finance Collections, the member is responsible for doing this.

6.7 Causes for termination. The following reasons may be acceptable to 24/7 Fitness subject to formal agreement. Bankruptcy, imprisonment or death. Proof of all 3 would be required.

6.8 Paid in Full memberships are priced at a discounted rate. No early termination option is available on Paid in Full memberships, no refunds are available for any member on a Paid in Full membership that no longer wishes to use the membership.

For the avoidance of any doubt, in the unlikely event of exceptional circumstances where a Paid in Full membership has been brought to an end prior to the end date and a refund is deemed as appropriate by the Club any refund would be calculated as follows: The discounted Paid in Full price less the sum of the non-discounted month to month membership rate multiplied by the number of the months that the membership has run for plus a £20 administration joining fee, the refund would be equal to any balance remaining after this calculation. In event that the sum of the standard month to month rate multiplied by the number of months the membership has run plus the £20 administration joining fee exceeds the discounted Paid in Full upfront membership price paid, no refund would be applicable in these circumstances.

7. MEMBERSHIP SUBSCRIPTIONS

From time to time and at its sole discretion, 24/7 Fitness may offer a subscription option "auto-renewals" for any of its membership plans. These terms apply where a subscription plan is agreed to at point of sale. 

When the subscription contract is formed 

When you click "Agree and Continue" to submit your order online with PayPal you are making an offer to take out a subscription which if accepted by us, will result in a binding contract. A legally binding contract is formed on the date we send you confirmation of your membership with your unique PIN and payment has been taken. You will receive this confirmation by email within 72 hours if you supplied an email address. We will not be responsible if you fail to receive the written confirmation because you have supplied us with an incorrect email address. We reserve the right not to accept or process your subscription for any reason. All memberships are subject to validation checks and authorisation by your payment card issuer. If we do not accept your membership and your credit/debit card has already been debited, we will notify you and refund your card in full. 

Right to refuse orders 

We reserve the right not to fulfil and to cancel membership orders: 

1. In the event of obvious inaccuracies in prices, except that we may fulfil your order at the correct price; 

2. If we are unable to obtain payment authorisation from the issuer of your payment card. 

Delivery 

We will deliver the membership details to the email address you supply to us when you place your order. You agree that we will not be responsible for failure to deliver the membership information if you have supplied us with an incorrect email address. 

Delay in delivery and non-delivery 

We will not be liable to you for any delay in delivery or non-delivery of membership information in the following circumstances: 

1. where the issuer of your payment card refuses to authorise payment to us; 

2. where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees; 

3. where the email address supplied to us by you is incorrect. 

Cancellations and Refunds 

1. Where a minimum term (e.g. 12 months) is advertised cancellations are not permitted until the end of this initial period and we will not issue you with a refund. 

2. For all other subscriptions or after the minimum term of your subscription, you may cancel your membership subscription by cancelling your recurring payment with PayPal, our payment processor, giving at least 10 days notice.  

Price Information 

Prices displayed on the joining sections of the website will prevail at all times in relation to orders placed online. If you make ongoing subscription payments we reserve the right to increase our prices at any time after the first period of your subscription has elapsed and will notify you by email with 10 days notice of any such price increase. 

 Although we try to ensure that all prices are accurate, errors may occur. If we discover an error in the price of your order, we will inform you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid. 

Card Payment 

If you are under 18 or are not using your own credit/debit card to pay for the subscription, you must ask the permission of the credit/debit card holder before entering the payment details. By clicking "Submit" you are confirming that you have obtained the express prior permission of the credit/debit card holder. 

8. EXPULSION OF MEMBERS OR TERMINATION OF MEMBERSHIP BY THE CENTRE

8.1 The Centre may expel members or may terminate the membership of any member:
8.1.1 without notice and with immediate effect if the member's conduct, whether or not such conduct is the subject of a complaint by another member or group of members, and is such that in the reasonable opinion of the Centre, it may be injurious to the character, name or interests of the Centre or is such that it renders the member unfit to associate with other members of the Centre or is such that it is not appropriate for the member to continue their membership or the member's behaviour is in the reasonable opinion of the Centre to be inappropriate and / or unacceptable.

8.2 By notice in writing if any part of the annual membership fee or monthly membership charge which is due and payable remains unpaid thirty days after the due date for payment. Lapses in membership payment will incur an Administration charge.

8.3 A member whose membership is terminated by the Centre, shall forfeit all privileges of membership with immediate effect without an entitlement to any claim for any refund of their annual or monthly membership fee.

9. CENTRE FACILITIES

9.1 The Centre reserves the right to make reasonable alterations to the type of facilities provided without notice and the Centre shall not be liable for any inconvenience caused by building works and for the provision of essential maintenance services that occur for 14 days or less, due to matters beyond our control or improvement works. On occasions when necessary maintenance is required, the Centre, or parts thereof, may be closed. No refunds would be given as a result of closure.

9.2 The Centre reserves the right to change or remove any of the facilities at the Centre. In such an event notice will be given.

10. HOURS OF OPENING

10.1 Information in relation to the Centre's normal hours of operation and the manned hours of the facilities are available from the Centre upon request. Such hours may be lengthened or shortened at the absolute discretion of the Centre with or without any prior notice being given to members. The Centre shall endeavour to give members reasonable notice of change to such hours.

10.2 On occasions when necessary maintenance is required, the Centre, or parts thereof, may be closed. Any refund given as a result of closure will only be made at the sole discretion of the CEO. 

12. INTERNET AND WIFI ACCESS ACCEPTABLE USE POLICY 

This Policy is a guide to the acceptable use of 24/7 Fitness wired and wireless network facilities and services. Any individual connected to the Wired or Wireless Network in order to use it directly or to connect to any other network(s), must comply with this policy, the stated purposes and Acceptable Use policies of any other network(s) or host(s) used, and all applicable laws, rules, and regulations. 

24/7 Fitness makes no representation or warranties concerning the availability or security of the wired or wireless network and all use is provided on an as-is basis. 

By using the wired or wireless network you agree to defend, indemnify and hold harmless 24/7 Fitness for any losses or damages that may result from your use of the wired or wireless network. 

24/7 Fitness takes no responsibility and assumes no liability for any content uploaded, shared, transmitted, or downloaded by you or any third party, or for anything you may encounter or any data that may be lost or compromised while connected to the Wired or Wireless Network. 

24/7 Fitness reserves the right to disconnect any user at any time and for any reason. 

The Wired and Wireless Network is provided as a courtesy to allow our members and guests access to the internet. Users will not be given access to the 24/7 Fitness internal network or permission to install any software on our computers. 

Inappropriate use of the Wired or Wireless Network is not permitted. 

This policy does not enumerate all possible inappropriate uses but rather presents some guidelines (listed below) that 24/7 Fitness may at any time use to make a determination that a particular use is inappropriate: 

  • Users must respect the privacy and intellectual property rights of others. 
  • Users must respect the integrity of our network and any other public or private computing and network systems. 
  • Use of the Wired or Wireless Network for malicious, fraudulent, or misrepresentative purposes is prohibited. 
  • The Wired or Wireless Network may not be used in a manner that precludes or hampers other users access to the Wireless Network or other any other networks. 
  • Nothing may be installed or used that modifies, disrupts, or interferes in any way with service for any user, host, or network.

12. FIRE EVACUATIONS

If you discover a fire, operate the nearest fire alarm. If you hear the fire alarm: 

  • Leave the building by the nearest exit. 
  • Do not use the lift. 
  • Do not stop or return to collect personal belongings. 
  • Go to the assembly point (usually the car park) and remain there. 
  • Return to the building only when authorised to do so by the Club Manager.

13. THIRD PARTY RIGHTS

A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them. 

14. USE OF PERSONAL INFORMATION

We use the personal and transactional information (e.g. name, address, email address, phone number) ("Personal Information") you supply to us in order to fulfil your order. The lawful basis for this data processing while your membership is active is Contract. The lawful basis for the processing if your membership is cancelled or lapses is Legitimate Business Interest. 

15. UNAUTHORISED ACCESS TO PERSONAL INFORMATION

Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular credit/debit card details) you transmit when you place an order. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use.