1.1 The gym: Colosseum Gym Cardiff.
1.2 The gym rules: The rules and regulations of the gym, as amended from time to time. A copy of the gym rules will be supplied to you with your application for membership and further copies will be made available on request.
1.3 Commitment Period: The minimum term you are committing to remain a member of the gym from the start date to the commitment end date (subject to extension if you membership is suspended).
2.1 By signing this membership application form the member agrees to comply with these Terms and Conditions of membership and the gyms rules.
2.2 You will only be permitted to use the gym facilities provided your membership is current and fully paid up to or you have made payment arrangements acceptable to the gym.
When you join the gym, you are agreeing to remain a member for the commitment period. If you choose to pay your membership fees monthly, your gym membership will continue automatically after the commitment period end date at the fee rate applicable to your membership type and category of membership at that date, but subject to termination in accordance with paragraph 7.2(b). If you choose to join the gym by paying your commitment period membership fee in advance, your gym membership will terminate automatically on expiry of the commitment period.
The gym will set the level of fees and review such fees periodically. The gym reserves the right to change the level of fees from time to time but guarantees that your fees will not increase during your commitment period. For any changes to the monthly fee, we will give you at least 30 days written notice. The following fees prevail:
4.1 Membership fee: The level of membership fees shall be determined according to the type and category of membership.
4.2 Joining fee: a joining fee may be payable as specified in your application form. Your joining fee goes to startup costs.
4.3 Guest user fee: a fee will be set by the gym from time to time in respect of guests and members who wish to visit the gym and use the facilities.
4.4 Other fees: All other fees and prices for the sale of other goods at the gym, locker rental, beverage sales and any other services will be set by the gym from time to time.
4.5 If you bank fails to make a due direct debit payment from your account, we will write to advice you of this. We may apply to your bank for payment by direct debit twice within the calendar month and we will reserve the right to refer any missed due payments to a debit collection agency. We may charge a fee of no more than £15 for failed direct debit payments and no more than £5 for letters sent to you in respect of unpaid amounts.
4.6 Should any membership fees not be paid with 30 days of the due date, the full membership fee for the remainder of the commitment period will automatically become due and payable in full.
4.7 Any unpaid and overdue membership fees referred to a debt collection agency will be subject to a surcharge of no more than £30 to cover the collection costs incurred. This surcharge, together with all the other legal fees incurred in the collection of the overdue membership fees, will be the responsibility of the member and will be legally recoverable from the member.
4.8 We may charge a reasonable fee of up to £35 for any of the following: replacing lost membership cards, removing and adding any associate members, changing membership category and transferring memberships.
5. Membership reward scheme:
The club may operate a referral reward scheme whereby you will receive a financial benefit for introducing new members to the gym.
5.1 If the member you introduce joins on a direct debit membership, you will receive the benefit monthly (in arrears and after the first direct debit payment has been made by the referred member) against your account or your monthly direct debit fee, with the following conditions:
a) you will only receive the benefit if your membership, and that of the referred member, are both current.
b) you will only receive his benefit if the referred members membership is not suspended.
c) the amount you benefit is fixed at the time of the referred member joining the gym. This will only change if the member you refer changes their type of membership, in which case the benefit you receive may be increased or reduced accordingly.
d) The gym may set a limit as to the number of members you are able to refer.
5.2 If the member you refer joins on an annual membership, you will receive the benefit due against your account or your monthly direct debit fee as one lump sum upon the referred member joining the gym.
6. Suspension of membership:
A member may, if he/she is unable to make use of the gym facilities by reason of illness or injury, suspend his/her membership for on continuous period of at least 1 month and a maximum of 3 months. 9 month exception for pregnancy. 30 days written notice must be given to the gym and the gym shall have the right to request a doctor’s certificate. A reduced monthly fee will be charged by the gym during the suspension of membership. Any suspension during the commitment period will extend the length of the commitment period by the length of the period your membership is put on hold. Notice to terminate membership cannot run concurrently with a suspension period.
7.1 Termination by the club
We may terminate this agreement in the following circumstances:
a) if you commit a serious or repeated breach of this agreement or the gyms rules of membership and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice.
b) if any of your membership fee remains unpaid 30 days after its due date for payment, or
c) if you provide us with details which you know will be false when applying for membership and the false declaration would have reasonably affected our decision to grant you membership.
If we terminate for any of these reasons, we reserve the right to retain a proportion of the money paid under this agreement, to cover any reasonable costs incurred.
7.2 Termination by you
You may terminate this agreement in the following circumstances:
a) You can give notice to terminate at any point during the commitment period, but this cannot end your membership before the end of the commitment period.
b) you may terminate your membership by giving the gym 1 full calendar months’ notice, so that your membership will terminate at the end of the following calendar month after the notice was given.
c) cancelling you direct debit instruction of the payment of fees in not sufficient.
d) you may terminate this agreement on 1 calendar months’ notice if you are unable to use the gym through serious illness or injury. E.g. a doctor certificates.
e) you may also terminate your agreement if we permanentely reduce the facilities or opening hours of the gym. We change location of the gym or we close the gym for refurbishment for a period of more than 30 days at a time.
f) if this agreement was made during specific pre-sales period and you become a founder member, you are allowed to terminate this agreement as specified in 8.2 paragraph (b) within 28 days of the official club opening date. We will use our reasonable endeavors to give you at least 45 days’ notice of the change (either in writing or by prominently displaying a sign in the gym) and if you wish to terminate your membership due to reason stated above, you can give us 30 days’ notice in writing to terminate.
8. Gym rules:
8.1 The gym may amend the gym rules from time to time in order to ensure the health and safety of members. Temporary amendments will be displayed in the gym. Permanent changes to the gym rules will only be made after at least 30 days’ notice to members, except in the case of emergency.
8.2 The gym reserves the rights to adjust the availability of certain facilities or close the gym on a temporary basis for the general purpose of cleaning, decorating, essential repairs, maintenance of equipment, special functions and holidays.
9. Restriction of liability:
9.1 Subject to paragraphs, 9.2 and 9.3, the club will not accept liability for any loss, damage or theft of money, valuables or other personal property of members and guests. Property stored in lockers or space provided by the gym is stored at the members risk and no liability to compensate you for any loss or damage there to will be accepted by the gym.
9.2 Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount have regard to such factors as whether the damage was due to a negligent act or omission by us.
9.3 The gym accepts liability for loss or damage, accident, death, personal injury or other loss sustained by members or guests pm the gym premises to the extent caused by its negligence of its employees and agents (during the course of their employment and agency, as appropriate) unless that failure is attributed to:
a) your own fault
b) a third party unconnected with our provision of services under this agreement or
c) events which neither we nor our supplier could have foreseen or forestalled even if we had taken all reasonable care.
9.4 No member under the age of 16 years is permitted to use the gym without a qualified coach or trainers supervision.
9.5 Under 16 group sessions may only run with a coach or trainer with the relevant children’s fitness qualifications.
9.6 You may not hold the gym accountable for any injuries caused to an under 16 year old unless it is due to a direct negligence of the instructing coach or trainer.
10. Health and safety:
Members must read all health and safety notices displayed in the club and comply with their recommendations.
11. Sale of gym:
In the event of the sale of disposal of the gym to another company or to any other person we may transfer your membership to the new owner and you will continue as a member of the club and continue to pay your membership fee provided no changes to these terms or the gym rules having a material adverse effect on your use of the gym are made by the new owner. Any such disposal will not affect your contractual or statutory rights.
Notices from you to the gym must be in writing and addressed to the general manager at the gym. The gym reserves the right to require evidence of posting or delivery where it has no record of receipt or the date of any notice appears inconsistent with the date of receipt. In these cases, the notice will be deemed not given unless such evidence Is produced. Any notice handed to the gym must be receipted. Notices from the gym to you will be posted to you at your address in the membership records (or, where these terms permit, displayed on notice boards at the gym).
I confirm that I have read the Terms and Conditions and apply for membership of the gym under the standard terms and conditions which I have had the opportunity to read and discuss with the gym. In particular I understand and have discussed the following with the club:
i) I may request suspension (freeze) by reason of illness and/or injury for one continuous period of at least 1 month and a maximum of 3 months. I understand 30 days written notice must be given to the gym and the gym has the right to request a doctors certificate. I understand a reduced monthly fee will be charged by the gym during suspension (freeze). Any suspension during the commitment period will extend the length of the commitment period.
ii) I acknowledge that my initial membership of the club I from the start date provided to the commitment period end date (subject to extension is suspended on freeze) and agree to pay in full due to the respect of this commitment period.