Membership Terms and Conditions
The following information has been produced to ensure that all members are assured of a comfortable and enjoyable experience on each and every one of their visits. Although the items in this list are detailed in their nature, it is anticipated that for the majority of members there will be little or no need ever to refer to them. They do however allow the management of the centre to provide a service that we believe is second to none.
1. Release of Liability1.1. Client’s acknowledgement and assumption of risk and full release from liability of CrossFit Tamworth: client acknowledges that the training / nutritional service programs purchased hereunder includes participation in strenuous physical activities, including, but not limited to, running, weight training, stationary bicycling, gymnastic movements, various aerobic conditioning machinery and various nutritional programs offered by CrossFit Tamworth (the “physical activities”).1.2. Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, or injury, however caused, occurring during or after client’s participation in the physical activities.1.3. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a client, slip and fall by client, or an unknown health problem of client.1.4. Client agrees to assume all risk and responsibility arising from participation in the physical activities. Client affirms that client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities.1.5. Client acknowledges participation will be physically and mentally challenging, and client agrees that it is the responsibility of client to seek competent medical advice regarding any concerns or questions concerning the ability of client to take part in CrossFit Tamworth’s physical activities.1.6. By signing this agreement, client affirms that he or she is capable of participating in the physical activities. Client agrees to assume all risk and responsibilities for exceeding his or her physical limits.1.7. Client, on behalf of client, his or her heirs, assigns and next of kin, waives any claims against and releases CrossFit Tamworth (as well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability, claims and / or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in CrossFit Tamworth activities, including, but not limited to the personal training / nutritional programs and the physical activities.1.8. Members are particularly advised not to undertake strenuous physical activities for which they might be medically unfit. Members who have any reservations as to their physical condition are advised to have a medical check-up before embarking on any exercise. The exercise programed and facilities provided are designed with safety in mind, these are however used entirely at the members’ own risk. All members must undergo a health check and basic supervised instruction session before using the gym.1.9. Appropriate clothing must be worn at all times. Access to the gym and booking classes can be carried out using your personal login to our online scheduling software.1.10. Members perspiring excessively are advised to take the appropriate steps to prevent it affecting other members and wipe equipment after use.2. Gym membership agreement services2.1. The service being requested is for coaching designed to progress you toward elite fitness.2.2. The agreement is for coaching services over a specific period of time during which the student is eligible to partake in any and all activities in accordance with their membership package.2.3. This is not an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.3. Client’s right to cancel3.1. The client may not terminate or cancel the agreement except as follows:3.1.1. if by reason of death or disability, client is unable to receive all CrossFit Tamworth services for which client has contracted, client and client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability); and4. Client’s right to hold4.1. The client may, for periods of two weeks or longer, “put on hold” the agreement. The request to place the agreement on hold must be submitted 2 weeks prior to the hold dates (no retroactive holds) and must include an end date (or return date) with the following exceptions:4.1.1. Client is injured or sick, or client is pregnant and/or has had a baby. In both cases the return date will be mutually determined based on the recovery and recuperation of the client.5. Client’s default5.1. Client shall be deemed in default of this agreement upon the failure to comply with any of the terms and conditions of the agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, CrossFit Tamworth shall have all rights and remedies available, including termination of this agreement and institution of an action for all applicable damages.5.2. If CrossFit Tamworth delays or refrains from exercising any rights under this agreement, CrossFit Tamworth does not waive, nor will CrossFit Tamworth lose those rights. If CrossFit Tamworth accepts late or partial payments from the buyer, CrossFit Tamworth does not waive the right to receive full and timely payments and other charges due under this agreement.Successors and assigns:5.3. Client agrees that all terms and conditions of this agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of client, and anyone claiming by or through client.6. Enforceability6.1. The parties agree that if any provision or portion of this agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this agreement, which shall otherwise remain in full force and effect. However, client specifically agrees all the terms and conditions are to be enforced and client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this agreement.7. Legal fees7.1. In the event either party finds it necessary to commerce litigation or other court action to enforce the terms and conditions of this agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual lawyer’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.8. Membership fees8.1. Membership fees shall be fixed by CrossFit Tamworth and may be altered at any time. Members will be notified (by notices posted on center notice boards or in writing) of any changes in the fees prior to the date of the alteration.8.2. On payment of membership fees, a member is entitled to use the center facilities with frequency of use relating to the membership type.8.3. The first membership subscription shall be due and payable on the signing of this agreement. Subsequent membership subscription shall be due and payable on the 1st of each month, or if the 1st day of the month is a Saturday, Sunday or public holiday, the next working day (or if required on a different day).8.4. All membership applications must be on the forms prescribed by the center and applicants may be subject to an interview at the discretion of the center.8.5. The center reserves the right to reject an application for membership, or refuse admission, without ascribing any reason.8.6. Membership fees are payable according to the membership type selected.9. Joining fee9.1. Joining fees are non refundable.9.2. In the event of a membership subscription lapsing for any time an additional joining fee may be charged at the discretion of the management.9.3. Upgrade of the membership can only be considered under the discretion of the management9.4. From time to time joining fees may be waivered as special offers.8. Standing orders & Auto debit8.1. Monthly standing orders and auto debits are a full binding contract between CrossFit Tamworth and the member and will automatically continue until CrossFit Tamworth is notified otherwise.8.2. Proof of partners residing at the same address is required at time of registration or renewal. Partner is defined as people cohabiting together as partners in life, or a parent and offspring (over 16 years of age) living at the same address.9. Use of the Facilities9.1. A member is entitled to use the center’s facilities providing always that the center may at any time withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration, maintenance or security work, other work or for reasons beyond the control of the center or CrossFit Tamworth10. Smoking10.1. Please note that CrossFit Tamworth has been designated a non-smoking environment. The whole site is a no smoking site.11. Social Activities11.1. The center reserves the right at any time, and without notice, to set aside facilities for exhibitions or other social activities.12. Safety and hygiene12.1. In the interest of safety and hygiene, no glasses are allowed in the center.12.2. No pets will be allowed in the center, with the exception of guide dogs.13. Fire Emergency plan13.1. In the event of a fire, members are asked to make their way in an orderly fashion to the nearest available exit.13.2. Emergency lighting torches are provided to aid escape in the dark. Members are to be shown where to find them and how to use them.13.3. Members are requested not to fight the fire but leave the premises and call the fire brigade.14. Medical Emergency plan14.1. In the event of a medical emergency the first aider on duty will assess the medical need and provide treatment and call for help.14.2. Members with relevant training are encouraged to help and call for the ambulance service.15. Lost property15.1. All lost property found on the premises should be handed into the center reception. Items will be stored for one month and then donated to local charities.16. Liability16.1. The center’s liability for loss or damage to members’ property is strictly limited to any damage or loss suffered as a result of negligence of the center, its staff or agents. Without exception the center will not accept liability for money, valuables or other personal property of members.16.2. The center reserves the right, at its absolute discretion, to refuse to store any such personal property of members. Property stored in lockers provided by the center of its agents is stored at the owner’s risk and the center thereto will accept no liability for the loss or damage.16.3. The center cannot accept any liability for any accident to any member or guest that may occur on the premises other than the liability which may arise from negligence of the center, its staff or agents.16.4. Any member who suffers an accident on the center premises must report the accident, and the circumstances under which it occurred, to a staff member immediately following the accident.16.5. Neither CrossFit Tamworth, its health & fitness specialist instructors or other employees, servants or agents (including every independent contractor from time to time employed by CrossFit Tamworth) shall in any circumstances whatsoever be under any liability whatsoever to the applicant for any loss, damage or injury (including death) whether accidental or otherwise of whatsoever kind arising during or resulting from participating in the exercise programmed.17. Termination of Membership17.1. If you are on a 12; (or 6) Month Contract; you may not cancel your membership within your initial 12; (or 6) month commitment period respectively. After your initial 12 (or 6) month commitment period you may give us written notice of your wish to cancel at any time, requests received before 5th of a calendar month will be processed at the end of that given month, those received after the 5th of the month will be processed at the end of the following month. CrossFit Tamworth is not liable to refund any monies should the receipt of cancellation not be received in accordance with this clause.17.2. If you are on a month by month contract, you may give us written notice of your wish to cancel at any time, requests received before or on the 17th of a calendar month will be processed at the end of that given month, those received after the 17th of the month will be processed at the end of the following month.17.3. CrossFit Tamworth is not liable to refund any monies should the receipt of cancellation not be received in accordance with this clause.17.4. The center reserves the right to refuse admission and/or to expel or suspend any member forthwith if any member shall, in the opinion of the center, cause nuisance or annoyance to the other center members or guests; and for any breach of the center’s rules or misuse of center facilities, or for any other reason which the center may deem appropriate.18. Suspension of membership18.1. Suspension for medical reasons will require support in writing from your doctor and will only apply from the date of receipt of the letter. A letter from your doctor will be required on your return to fitness.18.2. Suspension for any other reason must be requested in writing two weeks in advance.18.3. Suspension of a twelve-month contract will result in the initial commitment period being extended for the length of the suspension.18.4. Suspension of a six-month contract will result in the initial commitment period being extended for the length of the suspension.18.5. All suspensions are at the discretion of the management.19. General19.1. Members must at all times observe the membership rules and Gym Rules, and comply with any reasonable directions which the manager may give to ensure the smooth operation of the center, the facilities and the convenience of members.19.2. No credit shall be granted by the center to any member. Any and all costs incurred by the members during their visit to the center must be paid prior to leaving the center.19.3. Any dispute or difference which may arise with regard to the interpretation of these rules shall be determined by the manager whose decision shall be final.19.4. CrossFit Tamworth reserves the right to amend these rules and all tariff charges at any time and without notice to the individual members although notification of the change will be displayed on the center notice boards. If any provision in these rules is declared illegal or otherwise unenforceable, the remaining provisions shall remain in full force and effect.20. Data Protection Act20.1. CrossFit Tamworth abides by the principles of the Data Protection Act 1998 and will keep the information provided by you on computer for the purpose of administrating the membership. In addition CrossFit Tamworth will use the records to notify you of leisure activities organized by CrossFit Tamworth. By signing and returning the membership form you will be deemed to be giving your explicit consent to the processing of data contained on it, including anything which may be considered to be sensitive personal data.21. Governing Law and Jurisdiction of the Courts21.1. This agreement shall be governed by and construed with English Law and the parties agree to submit any disputes to the exclusive jurisdiction of the English Courts.Terms and Conditions of Sale22. Pricing22.1. We may change the advertised price of a product at any time. The price you pay will be the price in force at the time of your order. We will validate the price on your order as part of our acceptance of your order. We try to ensure prices displayed on our website are correct at all times. However, should a pricing error arise we will inform you of the correct price before we take payment and you may choose to either proceed with or cancel the order. All prices include VAT at 20%.22.2. The information, services and products provided on and throughout this site are subject to change without notice. In the event of a genuine website error or inaccuracy we reserve the right to withdraw an offer immediately. We also reserve the right to cancel all confirmed orders that are subject to genuine website error or inaccuracy. All products offered are subject to availability.23. Payment23.1. Payment is taken when the order is placed. Please note that orders must be paid for in full before they are dispatched. Credit / debit card orders can only be delivered to the cardholders address.24. Delivery24.1. All delivery charges are automatically calculated in line with the dimensions and weight(s) of your purchase(s), these will all be clearly shown during the checkout process, prior to any payment being requested. For deliveries to the Channel Islands, IOM, IOW and Scottish Islands, we may need to contact you after you have placed the order to discuss an amended delivery charge. If at any time we have to amend a delivery charge, you will be free to cancel the order at no cost. We use the Royal Mail where possible for shipping, and endeavor to deliver to you within 10 days of placing your order.25. Warranty25.1. All products are warranted to arrive in good working condition. No other warranties are offered or implied.26. Cancellations and Returns26.1. If you wish to cancel an order you must let us know in writing. You may cancel your order for a full refund prior to your order being shipped. If you cancel your order after it has been shipped, you are responsible for any and all freight charges incurred by CrossFit. Tamworth any unpaid freight charges will be deducted from your refund. We advise you to check the status of your order before you cancel.26.2. Under Distance Selling Regulations you have the right to cancel your order for a full refund up to 7 days after receiving the goods. However, the goods must be in an unused condition and all packaging must be intact. In this instance you will be liable for all delivery charges incurred by CrossFit. TamworthIf a product is either received faulty or it develops a fault, please in the first instance contact us at firstname.lastname@example.org and have your proof of purchase ready.26.3. If products arrive in a damaged condition you must make a note on the carrier’s delivery note where possible and inform us within 7 working days of the delivery. CrossFit Tamworth will, at its option, repair the product, replace the product or issue a refund. You will not be charged for the cost of returning a defective product.Website Legal NoticeVisitors to our Website are required to accept the following terms and conditions in return for the information given about us, our business and the services we provide through our Web site.27. Conditions of website Use27.1. We use our reasonable efforts to include accurate and up to date information on our web pages. Information is for guidance only and is not intended to form any part of a contract and can be subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.27.2. The information on these web pages has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation.27.3. You agree that the material downloaded or otherwise accessed through the use of our web pages is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage.27.4. We do not accept any liability in connection with any third party web sites which may be linked or accessible through our own Web site and we do not endorse or approve the contents of any such site.27.5. In relation to a dispute arising out of this Web site you the user and we, CrossFit Tamworth agree to submit exclusively to the jurisdiction of the courts of England and Wales.27.6. Except where expressly stated to the contrary the text and graphics in the information contained in this Web site is the copyright of CrossFit Tamworth. You may download or print out individual selections of these web pages only if explicitly used for your own personal information and not to be publicly reproduced. Permanent copying or storage of whole or part of this Web site or the information contained in it or reproduction or incorporation of any part of it in any other work or publication whether on paper or electronic media or any other form is expressly prohibited.27.7. The entire contents of these web pages remain our property and are copyright with all rights reserved.28. Terms And Conditions V1.1 01/01/2018