Membership Terms & Conditions
Fitness4Less is the trading name of Fitness4Less Group Limited, Company Registration No. 8027420
Registered Address 1-2 Windsor Close, West Cross Centre, Brentford, Middlesex, TW8 9DZ. Your membership agreement is with Fitness4Less Group Ltd.
Paying For Your Membership
- Prices quoted on our website and elsewhere are in UK Pounds Sterling and are inclusive of VAT at the standard rate of 20%.
- No matter what type of membership you choose, your initial payment covers all joining costs and administration fees. It also issues you with a membership ID number, and includes the registration of your scanned biometric fingerprint record, allowing you easy access to the gym. Memberships (other than one-day and weekend memberships) also include a 30-minute group induction and 30 minutes personal training with a highly trained in-house gym instructor/personal trainer of your choice.
- There are several membership options and two basic ways to pay:
1. Prepaid memberships (One day or weekend pass, One-month membership, Three months’ membership, Annual Off Peak membership or Annual Peak membership)
These memberships must all be paid for in advance, as part of your online membership application, by debit or credit card or in cash at the club. They are best suited to those who wish to use the gym for a fixed period or who do not have a bank account that supports direct debits. If you decide to leave before the end of the fixed contract, no refund is due and your membership cannot be transferred to another person. Please note we do not accept cheques in payment for any type of membership, as the cheque guarantee card scheme closed on 30th June 2011 and cheques are no longer a secure payment option.
2. Rolling monthly membership
On applying for membership, you are required to make an initial payment, which includes your first month’s membership subscription, plus a one-off joining fee, covering our administrative costs, your biometric fingerprint registration, a group induction and a 30-minute induction with a Personal Trainer.
For this type of membership, as part of your online application, you must register your bank details to set up a direct debit instruction, so that our BACS collection agency (which administers our members’ direct debit payments) can collect your monthly subscriptions to fund your membership after the first month has elapsed.
Please note - Not all bank accounts support Direct Debits (for example, non-UK accounts and some saving accounts). Fitness4Less is not responsible for any refunds should your account fail to support a direct debit instruction. Please check that your account is of a type that enables you to pay by direct debit before you submit your joining application.
Fitness4Less collects members’ direct debit payments on four dates each month - the 1st, 8th 16th or 26th, and your collection date will be set on or near whichever of these dates falls approximately four weeks from your join date.
These dates will vary when the designated collection date falls on a weekend or a Bank Holiday. Fitness4Less does not guarantee that the collection dates will always fall on the same date each month. Fitness4Less is not responsible for any fees incurred if collection dates vary - it is the member’s responsibility to ensure that the required funds are available in his/her account in advance of the collection date or risk the payment defaulting. If a subscription payment is not met, the membership will be terminated with immediate effect and the member will be unable to access the club from that date.
The system is highly automated, enabling us to charge extremely low fees, and therefore once you have joined, it is not possible to change your collection date.
After we have received your membership application, you will receive an email advising you of the date of your next and future monthly payments. Please allow some deviation/leeway for weekends and bank holidays. Sometimes these emails are stopped from reaching your Inbox by anti-virus software or Spam filters you may have installed on your PC or mobile device. Fitness4Less cannot be held responsible for the non-receipt of these emails.
Fitness4Less reserves the right to change its fees at any time and undertakes to advise members of this via email, giving 7 working days’ notice.
- 1. Prepaid memberships (One day or weekend pass, One-month membership, Three months’ membership, Annual Off Peak membership or Annual Peak membership)
Managing Your Membership
In order to offer our members exceptionally good value for money, we operate a highly automated system and employ minimal administrative staff. Members are therefore required to manage their own accounts, including:
- Joining on line and filling in correctly all the required details, such as name, address, valid and current email address and correct date of birth (these last two are required when booking classes).
- Completing the required Medical Questionnaire.
- Choosing the right club from the drop-down list on the membership application form. Please note, all our clubs operate independently and some are franchises, so each of our clubs has its own database and our IT system does not permit members to use more than one of our clubs, unless they are paying for separate memberships at each of them. Furthermore, joining fees may vary, according to the location of the club. If you accidentally choose the wrong club, you will have to apply for a refund and start the joining process again from scratch.
- Choosing the correct type of membership required - for example, One-Month pre-paid, Monthly membership payable by Direct Debit etc.
- For pre-paid memberships (One Day, One Month, Three Month, Off Peak Annual and Peak Annual), paying in advance and in full via Sage Pay, PayPal or cash at your chosen club.
- In the case of rolling monthly memberships, paying the joining fee/first month’s subscription by debit or credit card via Sage Pay, PayPal or in cash at the club, and setting up a direct debit mandate to fund your monthly subscriptions for the second and subsequent months.
- Ensuring there are sufficient funds in your bank account to enable us to make a monthly collection of your subscription payment on the due date (which may vary slightly because of weekends and Bank Holidays).
- Making sure your Direct Debit mandate is transferred to your new bank in a timely manner when you change your banking provider and making sure that you do not close your old account prematurely.
- Following the correct cancellation procedure, as outlined below, if you wish to leave the club.
- Communicating with the club via email or face-to face at Reception. We do not have the staff or resources to deal with customers’ queries by telephone. Many questions are answered on our website in the F.A.Q.s section and elsewhere, and most can be answered by an automated email. When alerting us to specific queries and problems via email, members should quote their name, membership ID number (if known), and direct their mail to the specific club to which their query relates, using the drop down menu on the Contact Us tab to locate the right club.
Changing Your Bank Details
If you are changing banks and wish to continue to pay for your membership by direct debit, you need to contact your new bank and instruct them to switch all your direct debits and standing orders to your new account. From 16th September 2013, most banks guarantee to do this within seven working days. You can find out about the switching service on line on sites such as www.simplerworld.co.uk
However, if we are unable to collect your monthly subscription payment by direct debit because you have not allowed sufficient time for the switch to be made before your due payment date, your membership will expire automatically and you will have to re-join from scratch, paying another joining fee and setting up a direct debit mandate on your new bank account.
Cancelling Your Membership
1. Prepaid memberships
You can leave the gym at any time without giving notice and without any financial penalty, other than that no refunds are given on unused portions of your membership, and your membership cannot be transferred to another person.
2. Rolling monthly memberships
To cancel your membership at any time simply contact your bank and cancel your direct debit instruction. Please be advised that your membership will be terminated WITH IMMEDIATE EFFECT and your access to the gym will be prohibited from the day you cancel your direct debit. To get the most out of your last month at the gym, it is advisable to cancel your direct debit about 7 working days before the date when your next subscription is due to be collected. Please do not leave it any later than this, or your bank will not have time to prevent the collection of your next month’s subscription.
Please note that if we are unable to collect your monthly subscription for any reason - for example, if there are insufficient funds in your bank account or if you change your bank details without advising us - your membership will expire WITH IMMEDIATE EFFECT, just as if you had cancelled your direct debit instruction. If this happens and you wish to continue using the gym, you must start from scratch and re-join, paying another joining fee and setting up a new direct debit instruction, making sure that you cancel the original instruction with your bank first.
It is the member’s own responsibility to cancel his or her own membership when they wish to leave the gym. We cannot accept requests to cancel your Monthly membership by email, post or verbal communication; you must follow the procedure outlined above, contact your bank and cancel the direct debit instruction you set up to fund your monthly subscriptions. We do not offer refunds where the member has failed to follow the correct cancellation procedure, resulting in the membership remaining live and further subscription payments being collected.
Members’ access to our clubs is via Biometric Recognition, which enables our IT system to establish whether the person registering his/her fingerprint on our turnstile entry system is a paid-up member, and therefore qualified to gain admission to the gym. The system obviates the need to carry a membership card or use a PIN number, thereby counteracting fraud and making entry to the gym quick and easy.
A very low-resolution collagen record of the member’s fingerprint is converted from analogue to digital form and is stored within the turnstile. It is not possible for any third party to access the stored information, and it would be of no use to them if they were able to retrieve it.
This type of biometric recognition system is widely deployed by a large number of commercial enterprises and workplaces, and bears no relation to the fingerprint and DNA recording systems used by the Police and other Government agencies.
Fingerprint registration is an integral part of our membership system, and if potential gym members object to the system we use to allow access to the gym, they are of course, perfectly at liberty not to join one of our clubs.
Any fingerprint data registered is deleted automatically when a member terminates his/her membership with Fitness4Less.
No personal/financial information relating to the club member is stored on the club turnstiles or anywhere on site. Members’ direct debits are administered off site by a third party, and all information is dealt with in accordance with the Data Protection Act.
General Terms & Conditions
- You must include a current and valid email address on your application. All membership queries are dealt with by email. You will also need your email address and correct date of birth in order to book classes via our website. Please advise us if your email address or home address changes, and if your surname changes through marriage.
- All members must be 18 years old or over. Over 16s may join with parental consent, given in writing.
- We reserve the right to refuse your application for membership, or terminate if you breach our terms and conditions.
- Opening hours and access, and the free classes we provide as part of our membership offer, are subject to change.
- Specialist classes, such as pole dancing and Pilates, are subject to an additional charge. These are marked on the timetable as Studio Rental.
- We will not refund bank charges, administration fees or joining fees where a member has used the club facilities.
- Under the Distance Selling Regulations, providing they have not used our facilities, members have the right to apply to cancel their membership within seven working days of their join date (the cooling off period). In this case, the joining fee/initial payment can be refunded to the account from which it was originally paid.
- If you make a payment or set up a direct debit instruction, using someone else’s bank account or credit/debit card, please ensure that you have their permission to do so.
- If you are applying for a refund and your original payment was made using a credit/debit card in someone else’s name, please advise us, or we will not be able to trace your original payment.
- We will only refund payments made due to a legitimate mistake - for example multiple membership applications/joining fee payments - within a period of three months of the payment being made.
- Abuse of membership - for example, not paying subscriptions when due, deliberate damage to or misuse of equipment, physical or verbal abuse of Fitness4Less or Personal Training staff, and conduct that is commercially detrimental to Fitness4Less, will result in the immediate termination of membership. No refunds will be given, and any outstanding fees, repair costs and legal fees will be charged to the offending member.
- During your membership, you must pay your membership subscriptions, whether or not you choose to use the gym.
- Memberships cannot be transferred to another person.
- Memberships are non-refundable.
- We are not legally obliged to compensate you for any service, facility or item of equipment that is unavailable for reasons of health and safety, or any class that is cancelled for reasons beyond our control.
- We will not compensate you for loss, damage or personal injury where no negligence on our part can be proven.
- We reserve the right to cancel or suspend your membership if at any time:
- You seriously or repeatedly break these terms and conditions of use, or your membership agreement.
- You or your guests use rude or abusive language or violent behaviour at any of our clubs, or if your behaviour puts other club members or our staff at risk of harm or affects their interests in any way.
- If we terminate or cancel your membership for any of the reasons listed here, we will not refund any joining fee, starter payment, monthly subscription or prepaid membership fee (in the case of one month, three month or annual memberships) that you have made.
- By law, we do not have to pay you compensation for loss or damage you may suffer, unless we fail to carry out our duties under these terms and conditions to a reasonable standard, or if we do not adhere to any duties we are required to perform by law.
- We will not compensate you if we have failed to carry out our duties due to:
- A fault of your own.
- A third party not connected with providing our services under these terms and conditions.
- Events that we could not have anticipated in advance, even if we had taken all reasonable care.
- Members are expected to wear appropriate clothing for working out on the gym floor, especially the correct footwear (trainers or sports shoes). Items such as jeans and flip-flops or clothing that could catch in the gym equipment are not acceptable items of apparel, as they could pose a health and safety risk. Club Managers have the discretionary power to ask members wearing inappropriate clothing or footwear to leave the gym.
Annual Club Enhancement Fee
Fitness4Less has a policy of continuing to renew and improve club facilities and services and to offer a wide range of equipment. To support us in doing this, each club charges all members, who have a Monthly membership payable by direct debit, an annual club enhancement fee of £5. This one-off annual fee is collected with the normal monthly direct debit payment; the collection is applied for once per annum. Members are informed in advance of the month during which this additional fee will be collected via email, the club newsletter and on club notices. The club enhancement fee is included within the annual and off peak annual membership price.
Booking & Cancelling Classes
Fitness4Less aims to make a wide variety of fitness classes available to all members on a fair basis and these can be booked and cancelled online via the Members’ portal. Most classes on the timetable are free – i.e. the cost is included in the membership subscription. Classes marked "Studio Rental" on the timetable are provided by outside agencies and are subject to a small charge.
A penalty may be imposed for members failing to cancel classes they have booked but decide not to/are unable to attend.
Members who fail to turn up to classes, which they have booked but failed to cancel when they decide they are unable to or do not wish to attend, will have their on-line booking privilege withdrawn automatically.
They will receive an email advising them that they cannot book classes on line until they have paid a small fine of £2.50, payable by credit/debit card though the link in this email or through the Members’ area on our web site. The fine CANNOT be paid in cash at the club.
Once the fine has been paid, the online booking facility will be automatically reinstated, and the member will receive a short email to confirm this.
Members who have booked classes are requested to turn up 5 minutes before the class starts, to enable the class instructor to take a register and allow members on the waiting list to attend, in the event of people who have booked failing to turn up.
People arriving late for classes may be turned away and prevented from attending the class. This is partly because the class may have been filled by people on the waiting list. Furthermore, for personal safety reasons, to minimize the risk of injury and to comply with the terms of the instructors' insurance, it is essential that participants take part in the essential warm-up and stretching session, which starts every class.
Website General Terms & Conditions
Fitness4Less invites you to visit its website. Access to and use of the site is subject to the terms and conditions outlined herein and all applicable laws. Fitness4Less reserves the right to modify these terms and conditions from time to time by updating this notice. This is an offer made by Fitness4Less to you, under which you are invited to browse, peruse and interact with our website for your own personal edification, guidance, information and communication with Fitness4Less.
This offer is expressly conditional on your acceptance of these terms and conditions. This Agreement represents the entire agreement between you and Fitness4Less concerning access to the Fitness4Less website and takes precedence over all such existing communications and/or agreements.
You acknowledge that, whilst every effort is made to ensure that all information contained in the Fitness4Less website is accurate and up-to-date, Fitness4Less makes no warranty as to its accuracy, and you accept that any and all use of information contained on the Fitness4Less website is at your own risk.
Fitness4Less shall not be liable for any direct or consequential loss arising from your access to and/or use of or inability to access and/or use the Fitness4Less website or any erroneous or omitted information contained on the Fitness4Less website.
You accept that the entire content of the Fitness4Less website is protected by copyright and that Fitness4Less is either the proprietor or licensee of all copyright in the material contained therein.
Fitness4Less reserves all its rights as copyright proprietor of the Fitness4Less website and prohibits without limitation downloading, distribution, exhibition, copying, adaptation, reposting, modification of and dealing in any copyright material contained therein, save as expressly provided herein without the express written authorisation of Fitness4Less.
You are advised that all communications made via the Fitness4Less website and/or email, including but not limited to competition entries, is strictly on a non-confidential basis and you hereby grant to Fitness4Less an exclusive perpetual license to use the content of any such communication for any purposes whatsoever.
You acknowledge that Fitness4Less reserves all its rights as proprietor of all its trademarks and logos.
You are advised that any and all images of people and/or places and/or events exhibited on the website are lawfully used by Fitness4Less and that any misuse of these images by you is prohibited. You are further reminded that any such misuse of images may be a violation of copyright law, trade mark law, rights of privacy, publicity and personality, laws of defamation and/or obscenity, communications regulations and other legal provisions.
Fitness4Less reminds you that they police and enforce their rights vigorously to the maximum extent available under the law.
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