FXD FITNESS LTD GYM MEMBERSHIP - terms and conditions of Service
MY TERMS
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which FXD Fitness will supply services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your membership confirmation to me. These terms tell you what FXD Fitness is, how it will provide services to you, how you and FXD Fitness may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact Joe Conkleton to discuss.
2. INFORMATION ABOUT ME AND HOW TO CONTACT ME
2.1 Who we are. We are FXD Fitness, a limited company established in England and Wales under a trading name, FXD Fitness. Our contact address is Goldfish Ecohub, Glaisdale Parkway, Bilborough, Nottingham, NG8 4GP.
2.2 How to contact me. You can contact us via email at info@fxdfitness.com or the postal address given at 2.1.
2.3 How we may contact you. If we have to contact you we will do so by telephoning the number, or by writing to you at the email address or postal address, you provided to us on the booking form.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1 How we will accept your booking. Our acceptance of your gym membership will take place when we confirm to you that we are able to provide you with the services (“Services”) meaning, the gym membership that you have requested. When you sign a copy of these Terms, a contract, on these terms, will come into existence between you and FXD Fitness.
3.2 If we cannot accept your membership. If we are unable to accept your membership for any reason, we will inform you in writing via email.
4. CANCELLATION AND YOUR RIGHTS TO MAKE CHANGES
4.1 If you wish to make a change to your membership please contact me. We will let you know if the change is possible.
5.1 Minor changes to the Services. We may change the Services to reflect changes in relevant laws and regulatory requirements if any and/or if there are changes to fitness industry standards or guidance that are relevant to the Services.
6.1 When we will provide the Services. We will supply the Services to you at the scheduled times and dates we agree between us until either you or FXD Fitness end the contract for the Services as described in Condition 7 or we end the contract by written notice to you as described in Condition 8.
6.2 What will happen if you do not provide required information to us. As we have informed you before your induction, we will need certain information from you, including your contact information as well as certain health information to ensure we provide the Services to you in a safe and effective way. We will ask you to provide this information at your induction through completion of a form including a health questionnaire. If you do not provide this information, or you provide us with incomplete or incorrect information, we will be unable to provide you with the Services. We will not be responsible for not providing the Services if this is caused by you failing to provide us with either the required information or false information.
6.3 Suspension of the Services if you do not pay. We reserve the right to suspend the provision of the Services if we have reasonable belief that you may not pay any outstanding amounts without a satisfactory explanation. As well as suspending the Services we also reserve the right to charge you interest on your overdue payments (see Condition 10.4).
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end the contract. You may contact us at any time to end your membership after the first 3 months of membership. If this is within 7 days of the last day of the month it may be too late for us to stop the next payment before it is requested from your bank account.
7.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (c) below the contract will end immediately from the point in which you notify me that you wish the contract to end. I will refund you in full for any Services which have not been provided to you which you have paid for in advance. The relevant reasons are:
(a) we have told you about an upcoming change to the Services or these terms which you do not agree to
(b) we have advised you of a change to the price or description of the Services and you wish to discontinue the Services;
(c) there is a risk the Services may be significantly delayed because of events outside my control
8. OUR RIGHT TO END THE CONTRACT
8.1 We may end the contract if you break it. We may end the contract at any time by writing to you if you do not make any payment to us that is due and you fail to make the payment within one week of the due date. We also reserve the right to suspend your membership if payment is not made on the first day of the calendar month.
8.2 You must pay for any months of gym use provided to you. If we end the contract in the situation set out in Condition 8.1 I will refund any money you have paid in advance for Services we have not provided however, we will be entitled to deduct or charge you the fee payable for any sessions which:
(a) we have already provided to you which you have not yet paid for; and
(b) you have scheduled but not yet paid for which fall within the cancellation period.
8.3 We may stop providing the Services. If we need to stop providing the Services for any reason, we will contact you to let you know at least two weeks in advance of us stopping the Services and will refund any sums you have paid in advance for sessions which will not be provided.
9. IF THERE IS A PROBLEM WITH THE SERVICES
9.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can contact us by writing to us at info@fxdfitness.com
9.2 Our guarantee in addition to your legal rights. We offer the following goodwill guarantee which is in addition to your legal rights as a consumer and does not affect them. In the unlikely event there is a material failing in the Services we provide, and it is not possible for us to remedy the failing within a reasonable time of 7 days or without significant inconvenience to you we will refund the price you have paid for the Services.
10.1 Where to find the price for the Services. The price of the Services will be the price we have confirmed to you at the start date of your membership, unless we have subsequently agreed another price in writing.
10.2 When you must pay and how you must pay. You must make a payment of the fee for the Services by paying for each month’s gym membership on the first day of each calendar month that you wish to be a member. If you are to join part way through a calendar month, a pro rata price will be provided for that first part month. You will make payments via direct debit.
10.3 We can charge interest if you pay late. If you do not make any payment to me by the due date in accordance with Condition 10.3, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. The debt will not be deemed fully settled until the total amount including interest is paid
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both FXD Fitness and yourself knew it might happen, for example, if you discussed it with us during the booking procedure.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are as described and supplied with reasonable skill and care.
11.3 We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 How we will use your personal information. We will use your personal information for administrative purposes (for example for retaining records so that we can contact you if we need to and for accounting for your payments in relation to booked sessions) and the health information you provide for the purpose of providing the Services to you safely and in accordance with industry standards. We will maintain your personal information in accordance with UK data protection legislation.
13.1 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.2 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.