TERMS & CONDITIONS
MEMBERSHIP TERMS & CONDITIONS
This agreement commences once you have indicated your acceptance in the Declaration section of the sign-up process.
This agreement will become binding on you and us when we confirm your membership application has been accepted, at which point a contract will come into existence between you and us.
You will be entitled to all the rights and privileges set for the Type of Membership chosen.
You cannot transfer this agreement to anyone else
DIRECT DEBIT FEES AND CHARGES
The sign-up fee (if one is payable) and first month's membership fees are collected from you by us either by Debit / Credit card at time of purchase, or by Direct Debit approximately 5 working days from your membership application date. Joining fees are applied to cover the initial administration costs associated with setting up a new membership and direct debit agreement and entitle the member to an induction session, bookable online through the contact us page.
If you are looking to upgrade your membership there could be an admin fee charged at the point at which you upgrade.
Your second Direct Debit for monthly membership fees only will be collected one month after you joined. Subsequent Direct Debits for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.
If any Direct Debit is returned unpaid or if any other form of payment is not honoured for whatever reason, we reserve the right to, at our sole election, either suspend or terminate your membership.
You agree to advise us immediately of any change to the Members Details provided.
DIRECT DEBIT CHARGES
We may need to increase the price of membership. We will give you a minimum of one months’ notice of any planned price increase. We will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions. If you do not terminate your membership by the date given to you in the notice, then the cost of your membership will be increased in accordance with our notice.
MONTHLY DIRECT DEBIT MEMBERSHIPS
You may terminate your membership at any point by cancelling your direct debit with your bank, allowing 3 to 4 working days for the bank to action this. Please call the Gym for options available to you or for any further information.
In the above circumstances your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.
MONEY BACK GUARANTEE
As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of completing your membership application form. However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you select to commence your membership immediately, or you ask us to start your membership early, you agree that if you subsequently cancel your membership within the 14 day period, you will be refunded any monies paid, less an amount for the membership you have already used commencing from the first day after joining.
FOB / QR ABUSE POLICY
Your Access Device can only be used by you:
Your Access Device is issued solely for your use, as your membership is personal to you and only covers your use of the Gym. You are responsible for keeping your Access Device secure and confidential at all times. The Access Device remains our property at all times.
Use of Access Devices is monitored:
In the interests of the safety and security of all our members, Access Device use and access is monitored and individuals using Access Devices may be asked to provide proof of identification.
What we will do if we think your Access Device has been misused:
Should we believe that your Access Device has been used by another individual or individuals we may (in our discretion) decide to conduct an investigation. If we do so we will: (1) inform you, via email, that we believe your Access Device has been used by another individual and ask you to provide us with reasonable assistance to investigate the matter; and (2) following our investigation we will contact you, via email, to inform you of our findings and our proposed course of action, which may include one or more of the steps set out below.
Our right to make additional charges and/or cancel your membership:
If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your Access Device was used, with or without your knowledge / consent, by another individual, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to legal rights that we may have : (1) apply a penalty charge to your membership fees. The penalty charge will be equal to the daily membership charge for each occasion on which your Access Device was used by others or (2) in the event of serious misuse of your Access Device, for example, your Access Device has been used repeatedly or by more than one individual, to notify you, via email, that we are cancelling your membership with immediate effect, and that no refunds will be given.
Your responsibility for others conduct:
If we have reasonable grounds for believing that you knowingly provided your Access Device to another individual, or allowed unauthorised entry following your entry to the gym (known as tailgating), we may hold you responsible for the conduct of the individual while on our premises, and liable for any loss we suffer as a consequence of that conduct.
The Access Device or any other relevant security hardware device with built-in authentication equipment, issued or otherwise provided to you by us to enable you to securely access the relevant gym in accordance with the terms of your membership. Only one device can be active to one person at a time, if you lose or misplace the device you need to contact the Gym to deactivate the device immediately. You will be charged for the cost of a new Access Device.
WEEKLY MEMBERSHIP TERMS & CONDITIONS
This weekly membership commences once you have indicated your acceptance in the sign-up process.
Your membership will be activated on the date you specified, running till midnight of the specified end date.
You will be entitled to all the rights and privileges exercisable for the type of membership chosen.
You cannot transfer this weekly membership to anyone else nor transfer to another date.
Week passes are non-refundable.
GENERAL TERMS & CONDITIONS
Members must be 16+ years old.
You agree to comply with the Rules of Membership which are displayed in the gym / website and to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided that we give you advance notice of the change.
If we take no action or let you off any breach of this agreement or allow you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.
There may be occasions where we have to close all, or parts of, the gym. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent. We will use all reasonable endeavours to ensure that such closures are outside of popular visiting hours and are kept to a minimum. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control.
We will not be liable or responsible for outstanding monies paid to a Personal Trainer. Personal Training is arranged directly with the PT and not with Hawkers Hill Gym.
As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
This agreement is governed by English Law.
We may terminate this agreement with immediate effect on notifying you if you are in breach of the Gyms Rules.
To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, wellbeing or physical condition. Further, that you will advise us immediately should your circumstances change.
INFORMATION ABOUT US
If you have any questions or if you have any complaints, please contact us. You can contact us by visiting the website and going to the contact page, alternatively you can look on the office door to find contact numbers.