Unit One Gym

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GENERAL TERMS & CONDITIONS

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Constitution

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Unit One Gym ("the Gym"), a social and fitness facility situated at Unit 1, Gordan Mills, Netherfield Road, Guiseley, LS20 ("the Premises") is owned by Boxxfit Ltd Limited ("the Company").

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Acceptance as a Member

1. The Gym has absolute discretion upon whether to accept the application for membership of an applicant as a Member of Unit One Gym. If an application for membership is accepted by the Gym, membership shall commence upon the agreed start date. Upon acceptance, the Member shall be issued with a Membership Account personal to him/her and shall be entitled to all the rights and privileges for which his/her application for membership has been accepted. Entry to the Gym is gained on presentation of a valid membership key (via Unit One Gym app or by providing full name) at the Front Desk. Acceptance by the Gym of an application for membership of Unit One Gym shall constitute a binding contractual arrangement between the Gym, the Manager, and the Applicant upon the Terms and Conditions of membership.

Limitation of Liability

1. In consideration of Unit One Gym accepting an application for membership of the Gym, and for the applicant becoming and being a Member of the Gym, the Member agrees that: None of the Gym, the Company, or their directors, employees, or agents shall be liable for any loss, damage, or theft of personal property belonging to the Member or guest of the Member occurring upon the Gym's premises. None of the Gym, the Company, or their directors, employees, or agents shall be responsible for any death or injury occurring upon the Gym's premises or as a result of the use of facilities, food, beverage, supplements, and/or equipment provided by the Gym, except to the extent that such death or personal injury arises from any negligent act or negligent omission of the Gym, the Company, or any agent or employee of the Gym or the Company.

Physical Condition of Member

1. The Member warrants and represents that he/she is in good physical condition and that he/she can engage in fitness programs and active or passive exercise, and that such programs and exercise would not be detrimental to his/her health, safety, comfort, or physical condition. If his/her physical condition changes, this must be relayed to the Gym's manager.

Assignment

1. Membership of Unit One Gym is personal to the Member and cannot be assigned, transferred, or otherwise disposed of. The Member shall not loan his/her membership key or permit it to be used by anyone but the Member.

Membership

1. Every candidate for Membership shall be at least 16 years of age. Individual Membership is available subject to acceptance by Unit One Gym and subject to the Member abiding by the terms and conditions of Membership and the Gym Rules. Group Members shall be subject to the rules governing individual Members; and each Member is jointly and severally liable for the full contract value and any costs incurred because of obtaining payment. Corporate Membership where applicable shall be available to five or more bona fide employees from the same company. The Gym will request reasonable evidence of employment prior to acceptance as Corporate Members.

Membership Subscriptions

1. At the time of joining, Members must either complete the Unit One Gym Direct Debit agreement and/or provide credit or debit card details. Irrespective of actual usage of the facilities or any change in the Members' personal circumstances, ongoing membership subscriptions shall, when due, be payable by each Member and shall be debited from the nominated payment method. In the event of a membership expiring, additional joining fees and the current subscription fees will become payable if the previous Member wishes to rejoin. Membership subscription prices may be increased by the Gym at anytime. The Gym shall give the Member no less than thirty days' notice prior to any such increases. In turn, Members have the right to cancel the contract, at no charge, within the 30 days notice. If any part of the first twelve monthly membership subscription remains unpaid thirty days after the due date for payment, all monies owing to Unit One Gym in accordance with the contractual agreement will become due immediately.

Freezing of Membership

1. Where a Member is unable to use any of the Gym's facilities, due to pregnancy or a medical condition or long-term travel, the Member can apply in writing to the Manager to have their membership frozen. The maximum amount of time a membership can be frozen within a 12 month period is 3 calendar months and all applications must be supported by a doctor's letter, which must specify the required length of time they wish for their membership to be frozen. The minimum freezing term is one month. Please note that for monthly paying members, freezing will become effective from the date of the next direct debit payment. Once the membership has been frozen for the maximum amount of time, then the Gym will resume the membership subscription and unfreeze the membership. A freeze period does not affect the minimum number of direct debit payments you are due to make and any payments remaining at the time of the freeze will remain due and recommence on a monthly basis once the freeze period has completed. Short-term memberships cannot be frozen under any circumstances.

Founding Members

1. Founder Members must remain current and continuous to benefit from the discretionary founder rate and are only able to 'freeze' for pregnancy or a medical condition supported by a doctor's letter. If the Founder Membership lapses or is cancelled and the Member wishes to rejoin, they will incur a re-joining fee and the then-applicable subscription rates will apply. For the avoidance of doubt, Founder Members are "Members" for the purposes of these Terms and Conditions.

Termination and Cancellation of Membership

1. Unit One Gym may reprimand, suspend, or expel any member without assigning any reason for doing so if, in their opinion, the conduct of the member is or has been likely to be injurious to the character or interests of the Gym. No appeal whatsoever shall lie from the Proprietor's decision nor shall any member or guest have any claim or remedy whatsoever against Unit One Gym or any director or employee in respect of any such matter. A Member paying by monthly subscriptions is not entitled to cancel their membership during the initial period of the membership contract. The only exceptions to this are for relocation more than 15 miles from the facility on receipt of a bank statement or utility bill; long term (over 3 month) injury or illness in the written opinion of a doctor or suitably qualified medical professional; Redundancy on receipt of appropriate written proof from an employer or Pregnancy on receipt of written proof. After the initial period, a Member may cancel membership by giving one calendar month's notice in writing to the Gym. The management reserves the right to collect any sums outstanding by Direct Debit or by charging the nominated debit or credit card. Memberships that have been paid in advance are not eligible for any refund. Upon cancellation of membership, any monies owed to the Gym relating to subscriptions or Unit One Gym accounts will be handled by an appointed external debt recovery provider.

Member's Group Exercise and Classes

1. Members must allow enough time to sign in before each class. The Gym reserves the right to decline class participation to members who turn up after the specified start time of a class and members should not leave early unless the instructor is given prior notice. If members are suffering from a pre-existing injury or problem that affects full participation, she/he is responsible for informing the instructor at the beginning of the class. Group exercise classes are subject to change without prior notice. The Gym reserves the right to cancel, change or modify class schedules, programs, and instructors at any time. Members must pre-book group exercise classes in advance to ensure availability. Cancellations must be made at least 2 hours prior to the scheduled class time to avoid a late cancellation fee or no-show fee. Fees may vary and will be communicated through the Gym's app or at the Front Desk. The Gym reserves the right to introduce a booking system for certain classes and to charge a fee for the reservation of a place in a class.

Rules and Regulations

1. The Gym may from time to time make or amend rules and regulations relating to the use of the Gym facilities. Any such rules and regulations shall be displayed prominently on the Gym's premises and shall form part of these Terms and Conditions. The Member shall comply with all rules and regulations displayed at the Gym and any reasonable directions given by the Gym's employees. The Gym may from time to time amend the hours of operation of the Gym or close the Gym for maintenance, refurbishment, or for private functions. The Gym shall use reasonable endeavors to give the Member as much notice as possible of such changes.

Data Protection

1. The Gym will comply with its obligations under applicable data protection laws and will process any personal information the Member provides in accordance with the Gym's Privacy Policy. The Gym may take photographs or videos of the Gym facilities (including members participating in exercise classes) for marketing and promotional purposes. By accepting these Terms and Conditions, the Member consents to the Gym's use of such images, provided that the Gym has taken reasonable steps to ensure the Member's privacy and dignity are respected.

 

Notices

1. All written communications to the Gym should be addressed to the Manager at the Gym's address. • All communications from the Gym to the Member shall be sent to the Member's email address or postal address provided in the application form or to any updated address provided to the Gym by the Member.

General

1. The Gym may assign the benefit of these Terms and Conditions and its rights to a third party provided that such assignment does not adversely affect the Member's rights under these Terms and Conditions. These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which the Gym is located and the parties hereby submit to the exclusive jurisdiction of the courts of that jurisdiction. The Gym's failure to enforce any of its rights at any time for any period shall not be construed as a waiver of such rights. If any part of these Terms and Conditions is held to be unenforceable, the validity of the remaining parts shall not be affected.

By agreeing to these Terms and Conditions, the Member acknowledges that they have read and understood the terms outlined above and agree to be bound by them.