ViBe Health and Fitness Centre Terms & Conditions
ViBe Health and Fitness Centre Limited terms & conditions of our services and Personal Training Centre:
“THE Club” refers to ViBe Health and Fitness Centre Ltd
“THE Member” refers to you the Member
1. THE BASICS
- Your agreement is with us, ViBe Health and Fitness Centre Ltd. These terms and conditions are designed to ensure your experience with The Club is safe and enjoyable.
- The terms and conditions apply to all our members and any guests they bring with them to our Centre.
- The terms and conditions form part of your agreement with us. Your agreement consists of the following documents, which together form a legally binding agreement between us, so please make sure that you read them carefully and understand them:
- Your filled-in and signed application form.
- An acceptance of our terms and conditions.
- Agreement to the membership package you have signed up to.
- You and your guests must keep to the rules and regulations of The Club at all times. We reserve the right to make reasonable changes to these rules and regulations at any time, but we will advise you of these changes 30 days prior to making them.
- In these terms and conditions, ‘annually’ refers to the 12 month calendar, and starts from the 1st day of every month regardless of the date you join in that calendar month. ‘Monthly’ means every full calendar month. A full calendar month starts on the first day of the month and ends at the end of the last day of the same month. For example, if we receive your notice to cancel your programme on 30 June, your cancellation will become effective on the 31st July. If we receive your cancellation on 1 June, your cancellation will still only become effective on 31 July.
- We reserve the right to make reasonable changes to these terms and conditions.
- Your agreement is governed by the laws of England and Wales.
- Membership is only available to persons aged 14 or over, unless The Club deems your application an exception. All members will be entitled to use The Clubs facilities within the prescribed hours of opening.
- The Club will only accept 300 active members at any given time.
- When you join and during your agreement, you agree to continue being a member for at least 6 or 12 full calendar months, unless pre agreed with The Club.
- There are 2 types of membership available, annual or monthly; both memberships have a minimum of 6 or 12 calendar month commitment period. Your payment method will dictate the cost of your membership.
- Annual Membership – All members who pay a one off fee at the beginning of the membership term either by standing order, cash or cheque will be entitled to a pre agreed discounted rate, no more than £900. Annual memberships are subject to the same usage rights and conditions as monthly members.
- Monthly Membership – All members opting to pay by direct debit on a monthly basis will need to pay the pre agreed per month cost for a minimum of 6 or 12 calendar months, no more than £85/month. Monthly members will be entitled to the same benefits as an annual member and are subject to the same usage rights and conditions. The money will be debited from your account on either the 7th or the 20th of each calendar month.
- In addition to the 12 month membership cost, members are also required to book a minimum of 1 personal training session per calendar month, totalling 12 personal training sessions during the 12 month period. These will be charged at an extra cost to the membership package, as pre agreed with The Club, and are dependent on the trainer selected. Our standard costs are as follows:
- Personal Trainer – £50/hour
- Senior Trainer – £60/hour
- Head Trainer – £70/hour
- Director – price available on application
- The Club also offers a range of other services including Sports Massage, Fitness Breaks and Nordic Walking. Additional services all levy an extra charge dependent of the service you select. Please ask our membership manager for details including prices and services.
- Your membership will form either an individual, joint and corporate membership. Please ask our membership manager for more details.
- Individual membership – The agreement is with you only and is non transferable.
- Joint membership – you and another person who is 16 or over join together and receive a discount on each member’s monthly membership fee. The two monthly programme fees must be paid by one direct debit. If one of you cancels, the other member’s membership will automatically become an individual membership. That person will no longer be entitled to the discounted monthly fee under this programme. If this happens we will give both members written notice.
- Corporate membership – Available for 3 adults or more from the same organisation. Each corporate member will be allowed to use The Club’s services/facilities at the pre agreed rate. Our standard cancellation notice and commitment periods set out in these terms and conditions still apply. You must provide proof of your eligibility for this type of programme at the start of your programme and then each year as follows.
3. HOURS OF BUSINESS
The Clubs opening hours are:
- Monday – Friday: 6.30m – 9pm
- Saturday: 7am – 1pm
- Sunday: Closed
4. STARTING YOUR AGREEMENT
Your agreement starts from the start date set out on your agreement form. When you start, you will need to make the payments set out in section 5. The amount you pay will depend on your membership and payment option. You cannot use the Personal Training Centre until your agreement form has been signed, the payments set out in this section 2 have been paid, and your direct debit has been set up (if you are paying by direct debit). If paying by direct debit, you will need to pay for your 1st month’s membership by cheque, cash or standing order.
5. PAYMENT OPTIONS
- Unless you have chosen our annual membership (discounted one off payment option) you must pay your monthly membership fee every month by direct debit. You must sign a direct debit form when your programme starts and we will take your payment on either the 7th or 20th day of each month.
- During your agreement, you must pay your membership fees whether you use The Clubs facilities and services or not (unless you have frozen your agreement in line with section 7).
- All our agreements are yearly agreements i.e. for a 12 month period. However, the membership fee you pay will depend on whether you have selected to pay monthly or annually, as highlighted in section 2.
- Our payment options are set out below.
- Monthly Membership – With this payment option, you commit to being a member and paying the monthly membership fee, for at least 12 full calendar months. In return for this, you get to use of all The Clubs facilities each and every month including access to our classes for the 12 full calendar months. At the end of the 12 month commitment period, you can choose to be a member for a further 12 calendar months, cancel your membership in line with section 8, or choose another payment option. If you do not make a choice, your agreement will automatically cancel. Our membership manager will contact you near the end of your 12 calendar month commitment period to let you know that your 12 full calendar month commitment period is coming to an end and to confirm the new agreement.
- Annual Membership – You commit to being a member for 12 full calendar months and to pay your membership fee upfront when you join or renew in one lump sum. In return you will get the pre agreed discount on your membership fee (see section 2) for committing to pay your fees upfront. You can get details of all our discounts from our membership manager. We will contact you near the end of the 12 month commitment period to let you know that your commitment is coming to an end. If you want to commit for a further 12 full calendar months, you must renew your 12 full calendar month commitment before the 15th day of the month your existing commitment period ends.
- If you commit to being a member for a further 12 full calendar months either as an annual member or monthly member we reserve the right to change the monthly or annual fee as this may have changed. We will tell you this before you commit again.
- From time to time we may need to change our monthly membership fees by any amount we think is reasonable. We will endeavour to only change the fee once a calendar year, although we cannot guarantee this. We will tell you about any change that will apply to you, and will give you at least 10 working days notice before the change comes into effect, in line with the Direct Debit Guarantee.
- If you are not happy with any change in the membership fee that applies to you, you can cancel your agreement with us. However, you must tell us that you are cancelling your agreement because of the increased fee. In this situation you will continue to pay your existing membership fee until your membership is terminated at the end of the month.
- Any refunds that need to be issued will pre agreed with you in writing.
6. CHANGING YOUR MEMBERSHIP, PAYMENT OPTIONS OR PAYMENT DETAILS
- If you want to change your membership, payment option or payment details, you must tell The Club about the change before the 7th day of the month. If we agree to the change, it will come into force from the first day of the following month. If you want to change your payment details and you do not ask us before the 7th day of the month, you will need to pay the next month’s membership fee direct to your membership manager (either by cash or cheque) to give us time to set up the new payment details.
- When you tell us about a change to your bank account details, we may ask you to sign a new direct debit form.
- We will send all letters and information to the address and other contact details you gave on your agreement form, unless you tell us about a change of address or other contact details. You must keep us up to date with any changes to your address or other contact details.
- Any changes must be provided to us in writing by either coming into The Club with a letter, sending an email to email@example.com or visiting our website www.vibefitness.co.uk & filling out an enquiry form.
7. FREEZING YOUR AGREEMENT
- After the first 3 full calendar months of your programme, you may freeze your agreement for between 1 month and 6 months for the following reasons only:
- Serious illness
- Serious injury
- If you want to freeze your agreement you must tell us in writing either
by filling in a form at The Club or sending an email firstname.lastname@example.org. We must receive this notice by the 7th day of the calendar month. We will decide whether or not to freeze your agreement, and we may ask you to provide proof of your pregnancy, illness, injury or redundancy. If we agree to freeze your agreement we will do so from the first day of the following calendar month. We can not freeze it from an earlier date and will not refund monthly fees paid before the agreement was frozen.
- When you ask us to freeze your agreement you will need to tell us when you plan to return to The Club (but your agreement can start again before this date if you let us know). We will automatically start your agreement again, and start taking any direct debits, on the date you tell us you want your programme to start again.
- We will not charge you membership fees while your agreement is frozen.
8. CANCELLING YOUR AGREEMENT WITHIN THE COOLOING-OFF PERIOD
- After you have joined The Club, you can cancel your agreement within 10 days of joining. This is called the ‘cooling-off period’. If you choose to cancel within these 10 days, we will give you a full refund if paying annually or the monthly membership fee you have paid.
- Cooling-off period – The cooling-off period only applies if you are a new member; put simply a member who has never previously been registered as a member with The Club.
- If you want to cancel your agreement within the cooling-off period, you need to put it in writing to our membership manager at The Club either in person or by email – email@example.com
- If you cancel your agreement during the cooling-off period, we will send a refund, by cheque, to the address you gave us on your agreement.
9. CANCELLING AFTER COOLING-OFF PERIOD
- If you have a joint membership, we will change your membership to an individual membership. In these circumstances, we will tell you the new membership fee and when you will start paying them. Your membership term will remain unchanged and will still run for the 2 calendar months from your original start date.
- We may end your agreement by giving you 1 full calendar months notice in writing. In these circumstances, we will refund that full calendar months fee that you have paid, and any fees you have paid for future months. In this event fees owed to you are calculated by dividing the numbers of months left (following the notice period) by the fee paid.
- We may suspend your membership (we will not charge your monthly membership fees while your programme is suspended) or cancel your agreement without giving you notice, if you:
- Repeatedly or seriously break the conditions of your agreement;
- You or your guests use offensive or abusive language, or use violent or offensive behaviour, at The Clubs premises, or if your behaviour puts our other members, guests or employees at risk.
- If we end your agreement under section 9.2a and 9.2b, we will not allow you to use The Clubs facilities or services in the future.
- If we end your agreement under section 9.2a or 9.2b we will not refund your fees for the commitment period you signed up for.
- In the event of death or serious illness and if we receive official notice (for example, from the bank) we will immediately end your agreement and refund any fees you have paid for the remaining commitment period to the relevant people.
- We will end your agreement, or not give you access to The Clubs premises, if, before your first direct debit payment is due, you do not pay us the initial payment you owe in line with section 4.
- When your agreement ends and we have taken the final payment from you, you are responsible for cancelling your direct debit. If you do this before your agreement has ended, we may not be able to collect any remaining payments you owe and we will contact you about it.
- If we permanently close The Club, we will, where possible, give you at least one full calendar months notice in writing. We will send this to the address you have given us. We will also place a notice at The Clubs premises. We will try to offer you an alternative. If this is not possible, or you refuse our offer, we will end your agreement at the end of the months notice and refund any fees you have already paid for your remaining membership commitment period.
- If you have told us about a health and safety issue and the Environmental Health Office or Health and Safety Executive confirms the problem, we will put the matter right within seven days of the Environmental Health Office or Health and Safety Executive telling us to take action. If we don’t put the matter right within seven days, you will be entitled to a refund of any membership fees you have paid for that calendar month.
10. PAYMENT FAILURE
- If you do not pay your membership fee, you will not be entitled to use The Clubs facilities or services either because:
- The account details you gave us for the direct debit are wrong;
- There is not enough money available in your bank account; or
- You have cancelled your direct debit without giving us the notice we need as set out in section 9.
- If the account details you gave us for the direct debit were wrong. We will ask you to make the payment by cash, debit card or credit card and for you to give us your correct bank details. You will not be able to use The Clubs facilities or services while you owe us payments and you will still have to pay all membership fees for the commitment period you signed up for. We may appoint a debt-collection agency to collect any payments you owe, and you may have to pay any associated costs, including court costs. We may choose to take the payment from your credit card using the credit card details you have given us.
- If there is not enough money available in your account. In these circumstances, we will ask you to make the payment by cash. If, after the second month we have contacted you, you still owe us the payment, we will stop your access to The Clubs facilities or services, but you will still have to pay the membership fees until the end of the commitment period. We may appoint a debt-collection agency to collect any payments you owe, and you may have to pay any associated costs, including court costs. We may choose to take the payment from your credit card.
- If you have cancelled your direct debit without giving us notice. We will ask you to make the payment by cash or cheque. If you are not within any commitment period, we will cancel your agreement from the end of that calendar month. You will have to pay the membership fees due until then. If you are within a commitment period, we will stop your access to The Clubs facilities and services from the end of the calendar month (or from the end of the next calendar month if part way through a calendar month) and you will still have to pay all membership fees until the end of the commitment period. We may appoint a debt-collection agency to collect any payments you owe, and you may have to pay any associated costs, including court costs. We may choose to take the payment from your credit or debit card using the credit or debit card details you have given us.
11. RESTARTING YOUR PROGRAMME
- You may restart your agreement by paying a new annual or monthly fee following the starting process set out in section 8. Your agreement will once again be for at least a 12 full calendar month commitment period. You will need to sign a new agreement form and set up a new direct debit with us.
- You cannot restart your agreement until you have paid any outstanding amounts you owe us (if any).
- We reserve the right to refuse to let you start your agreement again.
- You can invite guests to The Clubs premises to train with one of our Personal Trainers, as part of your allocated allowance, as set out in your membership package. But they will not be able to use the other facilities.
- It is your responsibility to ensure your guests keep to these terms and conditions (where these apply)
- We can refuse to let a guest into The Clubs premises and we may ask a guest for ID before they can enter The Clubs premises.
- Your guest does not need to be with you to visit The Clubs premises as long as they have pre agreed the visit with our membership manager. They must present their valid pass upon entry.
- When we carry out fitness assessments we may identify possible problems with you taking part in exercise and recommend that you get medical advice. We are not responsible if you ignore our recommendations and continue to exercise at The Clubs premises without supervision.
- By law, we do not have to pay you compensation for any service, facility or equipment not being available for health and safety reasons or if it is for the benefit of our members.
- By law, we do not have to pay you compensation for loss or damage you may suffer unless we have failed to carry out our duties under these terms and conditions to a reasonable standard or we break any duties we have by law.
- We will not pay you compensation if we have failed to carry out our duties due to incidents that are:
- Your own fault;
- The fault of someone else who is not directly connected with providing our services under these terms and conditions; or
- Events which we could not have known about beforehand, even if we had taken all reasonable care
- We can make changes to the type of facilities we provide, and we will give you 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.
- You must make sure that you can do the exercise provided by our Personal Trainer or any class you attend.
- You should consult your doctor before you start any exercise programme or class if you are not sure whether it is suitable.
- We cannot accept liability for loss or damage to you or your guests’ property at The Clubs premises or the car park unless that loss or damage was caused by our negligence.
- Our liability to pay you compensation for loss or damage (other than for death or personal injury) is limited to a reasonable amount, taking account of factors such as whether the damage was due to our negligence.
- In these terms and conditions, we are not excluding our liability for death, personal injury or fraud.
14. DATA PROTECTION
- We will keep to the Data Protection Act 1998.
- We will only do what you ask us to do, or what you have given us permission to do, with any personal or sensitive information we hold about you, and we have appropriate security measures in place to prevent your information being lost, destroyed or damaged.
- We may pass your personal information to other companies for them to use in line with these terms and conditions and with your agreement. These other companies must use your personal information fairly and legally in line with the Data Protection Act.
- You are entitled to see the information we hold about you and you can ask us to make any necessary changes to make sure that it is accurate and kept up to date. If you want to do this, please contact The Club direct.
- By law we can charge a fee of £10 to meet the costs of giving you, when you ask, details of the personal information we hold about you.
- If you are a corporate member where the business you work for or with pays or contributes to your monthly programme fees, you agree that we can give provide details of your use of our facilities and services.
- You are responsible for keeping all your personal details and marketing preferences up to date.
15. COMMENTS AND COMPLAINTS
- If you (or your guest or other person) have a comment or suggestion please speak to our membership manager, either in person at The Clubs premises or by firstname.lastname@example.org
- If you (or a guest or other person) have a complaint about The Clubs facilities and services, these terms and conditions or the conditions of use you should make your complaint to our membership manager either in person at The Club or by email email@example.com . We will keep a record of the complaint and we will respond to it.
16. EVENTS BEYOND OUR REASONABLE CONTROL
- If we cannot provide all the services and facilities at The Clubs premises for 30 days or more in a row, or services and facilities are significantly reduced for 30 days or more in a row, for reasons or events beyond our reasonable control, you or we can cancel your agreement immediately after giving notice in writing. By law, we do not have to pay you compensation in these circumstances.
- ‘Reasons or events beyond our reasonable control’ could include, for example, natural disasters, a government’s actions, war or national or regional emergency, acts of terrorism, protests, riot, fire, explosion, flood, an epidemic, strikes or other labour disputes (whether or not they relate to our workforce), delays affecting suppliers or not being able to get suitable materials on time or at all.
17. CHANGES TO THESE TERMS AND CONDITIONS
- We may make reasonable changes to these terms and conditions if the changes are for the benefit of the majority of our members at that Club. Examples of such changes are as follows.
- Where we need to make changes to the terms and conditions to introduce new services or facilities.
- Where we need to update our payment terms or membership options.
- Where we need to add or remove sections of the terms and conditions to keep to health and safety guidance.
- When we make changes that may affect you, we will give you notice of the changes we plan to make. If you are not happy with the changes, you can cancel your agreement. These terms and conditions replace any previous versions
18. HEALTH AND SAFETY
- As your safety is our main priority, you are not allowed to bring crockery, glass or food into the fitness area, changing rooms or studio.
- No pets, other than guide dogs, are allowed at The Clubs facilities.
- To protect all our members and guests’ safety, any person visiting or using The Clubs facilities must pay particular attention to all notices and signs relating to health and safety. If you do not understand a notice or sign, please ask our membership Manager.
- Fire exits are clearly marked throughout The Clubs premises and you must not interfere with them. If the fire alarm goes off, you must leave the premises through the nearest safe exit and make your way to the assembly point outside.
- You are not allowed to smoke in any part of our Health and Fitness Centre.
- While you are at The Clubs premises you must behave appropriately, respectfully and politely at all times. We can prevent you from entering The Clubs premises, or ask you to leave, if we think that your behaviour or appearance is not suitable.
- You must dress appropriately depending on the place and time of day. For example, correct footwear in the gym
- You must follow the rules and regulations set out by The Club.
- All exercise carries risk, and by taking part in exercise you accept this risk. To try to reduce the risk of health problems arising from exercise, you should make sure that you have been shown by one of the trainers how to use the fitness facilities.
- A fitness assessment before any exercise can commence is mandatory and will also determine if you have one of our health assessments before exercising.
- If you are not sure whether you should exercise, get medical advice first.
- The Clubs Centre opening times can be obtained from the premises or online. From time to time we may make reasonable changes to our opening times, and will display any changes at reception.
- You are entitled to use all the facilities and services at our The Clubs premises as part of your membership package. If you are a guest, you will only be entitled to use the facilities with a Personal Trainer as part of a Personal Training Session.
- At times at The Clubs premises we may have to withdraw all or some of its facilities to carry out cleaning, repairs, alterations or improvements, for staff training and meetings, for maintenance or security work, or for reasons that are beyond The Clubs control. We will tell you about this at reception.
- Facilities are available on a ‘first come, first served’ basis and we are not responsible if any equipment, facility or service is not available because another member is using it or the maximum number of people allowed has been reached.
- You must keep to the rules and regulations that apply at The Club. From time to time we may make reasonable changes to the rules and regulations, but we will tell you about these changes.
- If you are not sure how to use any of our facilities, ask a member of the team at the centre.
- Members should book all personal training sessions with our membership manager either in person or on the phone – 01920 465 747.
- Personal Training sessions will have to be paid for in advance, unless otherwise agreed with the membership manager.
- We do not pay refunds on block bookings (in other words, when you have paid beforehand for a number of sessions or courses).
- Personal Training Sessions cancelled less than 24 hours in advance will levy a full charge.
21. CAR PARKING
- Parking is available at The Clubs premises. You must park your car in the marked parking spaces only. We do not guarantee that parking is always available at our premises.
- We are not liable for any loss or damage to your car while it is parked at The Clubs premises unless the loss or damage is caused by our negligence.
- You can only park your car in the car park while you are using The Clubs facilities and services.
22. FITNESS FACILITIES
- The following guidelines apply to make sure you use The Clubs facilities and services safely.
- Before you start using The Club facilities and services you must complete a full fitness assessment with a trainer.
- If you have any concerns about your physical condition, you must not do any physical activities without first getting medical advice and approval to exercise and must advise your trainer prior to exercising with them.
- We may refuse to give you access to the fitness facilities if we think that using the facilities could put your health at risk.
- You must tell the membership manager or Personal Trainer if there are any circumstances affecting your health that may be made worse by continuing to use the fitness facilities. You should keep this information up to date throughout your membership.
- When undertaking the fitness assessment your answers must be honest, accurate and up to date. We cannot accept any liability for incorrect advice we may give as a result of answers that are false, inaccurate or out of date.
- You should not use any item of equipment unless you are sure that you know
how to use it safely. If you are not sure, ask for advice from one of the trainers
- We may refuse to let you take an exercise class if you arrive after the class has started or if the numbers are exceeded – booking is recommended.
- If your fitness assessment shows there is an increased risk of illness or injury while exercising, we will advise you to get approval from your doctor before you continue to exercise. We do not accept any liability if you fail to follow our advice.
23. LOCKERS AND LOST PROPERTY
- We are not liable for any loss or damage to personal belongings at The Clubs premises unless the loss or damage is caused by our negligence.
- We recommend that you do not bring valuable items to The Clubs premises
- For security reasons, you must store personal belongings in the lockers provided.
- We will keep any lost property for one month.