1. The Agreement: I agree to comply with the full Terms & Conditions of membership as set out in this agreement & the current edition of the Club Rules. I can only use the Club facilities if my membership is current & fully paid up.
2. Membership Commitment:
My initial membership Commitment Period runs from the commencement date, which is the date the agreement is electronically signed & ends 12, 6, or 3 calendar months after the commencement date (e.g. the commencement date is 01/01/20 the end date would be 02/01/21 for a 12 month commitment period).
The length of the commitment period (12, 6, or 3 months) will be confirmed by the membership type you have you have selected during your online signing up process.
A copy of the terms and conditions confirming the length of the commitment period, and all terms and conditions will be will be emailed to you. The email address used to send you the terms and conditions will be the email address you have used in the signing up process.
I agree in signing this agreement that I take responsibility for having entered a valid email address.
I agree to pay the full amount due for Commitment Period for the membership I have requested.
3. Termination: I may terminate my agreement with a full refund within a cooling off period of 14 days from the start date given above provided I have not used the club facilities. After my Commitment Period, I must give 1 full calendar month's notice if I wish to cancel my membership. Cancelling my direct debit instruction or recurring subscription with my bank does not constitute service of notice. Notice must be given in writing to the Club at the email address hello@trifitgym.co.uk. See section 8 and 13 of the full terms & conditions for more information.
4. Membership Suspension: If I am unable to use the Club facilities due to illness or injury, I can request my membership is suspended for a continuous period of between 1 & 3 months in accordance with section 8 of the full terms & conditions.
5. Defaulting payments & charges: If my bank fails to make a direct debit or recurring subscription payment from my account, I will be contacted by my Club. Missed payments may incur a late fee & result in the suspension of my membership & refusal of entry to the Club. The Club reserves the right to refer unpaid arrears to a debt collection agency.
6. Privacy Notice: By signing this declaration I agree & accept that the Club may gather, process, store and/or use the personal data I disclose for the purpose of providing me with the services defined in my membership agreement. As the person who controls the data collected in this form, TriFit Gym Ltd may use the information in accordance with the privacy policy available on request by email from TriFit Gym Ltd at hello@trifitgym.co.uk. TriFit Gym Ltd is satisfied that arrangements are in place to ensure an adequate level of protection for my rights & freedoms in relation to the processing of my data.
TERMS & CONDITIONS
1. Definitions:
1.1 TriFit, We, Us, or Club: TriFit Gym Ltd trading as Tri-Fit
1.2 Member or You: A member of Tri-Fit
2. Membership:
2.1 By signing this Membership Agreement you agree to comply with these Terms and Conditions of Membership and the then current edition of the Club Rules as may be amended by TriFit Gym Ltd from time to time at its discretion throughout your period of membership.
2.2 You will only be permitted to use the Club facilities provided your membership is current and fully paid up or you have made payment arrangements acceptable to the Club.
2.3 By signing this Agreement you agree that TriFit Gym Ltd may use the information set out in this form in accordance with the privacy policy which is available upon request from hello@trifitgym.co.uk. The data collected from you may be transferred out of the European Economic Area (EEA) to be processed on behalf and under the instruction of TriFit Gym Ltd by a third-party data processor.
3. Duration:
3.1 When you join the Club you are agreeing to remain a member for a minimum fixed commitment period commencing on the start date and ending on the fee commitment end date set out on the membership agreement (subject to extension if placed on freeze/suspension) (the "Commitment Period"). If you choose to pay your membership fees monthly your Club membership will continue automatically after the Commitment Period end date at the fee rate applicable to your membership type at that date, and your membership may be terminated by giving 1 month's calendar notice expiring at the end of your next calendar month. For example, if you provided a notice of termination on the 10th of January, your termination will be effective from the 1st March, and you will still be charged your monthly fee in the month of February. If you choose to join the Club by paying your Commitment Period membership fee in advance, your Club membership will terminate automatically on expiry of the Commitment Period.
3.2 If you join the Club prior to the opening of the Club, your Commitment Period will commence upon the official opening date of the Club.
4. Membership Fees:
TriFit Gym Ltd will set the level of membership fees and will review such fees periodically. We reserve the right to change the level of fees from time to time, but guarantee that the level of your membership fees will not increase during your Commitment Period. We will give you at least 30 days written notice of any changes to the levels of membership fees.
5. Default and Late Payment:
5.1 If your bank fails to make a due direct debit payment, or you fail to pay your recurring subscription from your account, we will write to advise you of this. We may apply to your bank for payment twice within one calendar month and we reserve the right to refer any missed due payments to a debt collection agency. We may charge a fee of no more than £15 for failed direct debit payments and of no more than £5 for letters sent to you in respect of unpaid amounts.
5.2 Should any membership fees not be paid within 30 days of the due date, the full membership fee for the remainder of the Commitment Period will automatically become due and payable. During any period in which your membership fees are not paid, TriFit Gym Ltd may request your full outstanding arrears by direct debit or recurring subscription, suspend your membership and refuse you access to the Club.
5.3 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 other charges and legal fees incurred in the collection of the overdue membership fees will be your responsibility and will be legally recoverable from you.
5.4 We may appoint a payment processing agent to receive and collect your monthly or annual payments made by direct debit/credit or failed recurring card subscription. There will be no extra cost to you for these processing services supplied by such agent.
6. Active Referral Scheme:
6.1 TriFit Gym Ltd may operate a referral scheme from time to time whereby you will receive a financial benefit for introducing new members to the Club. If the member you introduce joins on a direct debit membership or recurring subscription, you will receive the benefit monthly (in arrears and after the payment has been made by the referred member) against your account or your monthly direct debit fee, with the following conditions:
6.1.2 You will only receive this benefit if the referred member is not on freeze or suspended.
6.1.3 The amount you benefit is fixed at the time of the referred member joining the Club. 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.
6.1.4 TriFit Gym Ltd reserves the right to set a limit as to the number of members you are able to refer.
6.2 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 Club and paying the annual membership fee.
6.3 TriFit Gym Ltd reserves the right to review and amend the referral conditions from time to time. You will be notified of any changes to these terms and conditions and any changes will not be effective retrospectively.
7. Suspension of Membership:
If you are unable to make use of the Club facilities by reason of illness or injury, you may suspend your membership for one continuous period of at least 1 month and a maximum of 3 months. To suspend your membership we shall have the right to request a doctor's certificate to confirm your illness or injury. A reduced monthly fee will be charged during the period of suspension of membership. Any suspension during the Commitment Period will extend the length of the Commitment Period by the length of the period of suspension. Notice to terminate membership cannot run concurrently with a suspension period.
8. Cancellation:
8.1 Notice: Once your commitment period has expired you may terminate your membership with 1 full month's calendar notice. You may only cancel within your commitment period under the circumstances listed in clauses 8.3, 8.5-8.6 and by giving TriFit at least 1 calendar month's written notice.
The notice shall expire either on the Commitment Period end date or at the end of the following calendar month following your request. If you provide the one calendar month's notice one month before the end of your commitment period, your membership will be terminated at the end of your commitment period. Cancelling your direct debit instruction or recurring subscription for the payment of fees is not sufficient and does not constitute service of written notice. In addition, SMS messages are not an accepted means to cancel a membership.
8.2 Cooling Off period: a 14 day Cooling Off period is calculated as follows: your membership start date is counted as Day 1 of the Cooling Off period. You may terminate your membership within the first 14 days of this agreement by giving notice to the manager of the Club in writing. If you cancel your direct debit instruction or recurring subscription for the payment of fees this does not constitute service of notice. If you terminate this agreement during the Cooling Off period you will be entitled to the full refund of the initial payment made (not including any payment made for the TRI-all promotional offer or £1 3-day or 14-day trial period). You will only be entitled to terminate your agreement if you have not used the facilities since joining the Club.
8.2.1 If you register for our 7-day TRI-all promotion, this will allow you to use the gym and classes in accordance with that offer from the commencement of the 7-day trial. The date of the commencement of your trial will also be your membership start date for the purposes of your Cooling Off period. This promotion will allow you to use the gym and classes during that 7-day trial period only, and you will still be allowed to cancel within the first 14 days of the start date (i.e. the remaining 7 days of your Cooling Off period). However, you will not be entitled to terminate your agreement if, within the 14 day Cooling Off period, you have used the facilities of the Club (i.e. between days 8 to 14 of the Cooling Off period.
8.2.2 If you are provided with a 3-Day Trial Pass as a promotional offer, the Trial Period will constitute part of your 14 Day Cooling Off period during which you will be allowed to use the gym facilities, while still giving notice during your Cooling Off period.
8.2.3 If you joined the club during the pre-sale period when a £1 14-day trial was offered, you will be allowed to cancel your membership during the 14 day Cooling Off period even if you have used the gym facilities during that period.
8.3 Medical: you may terminate this agreement by giving TriFit Gym Ltd at least 1 calendar month's notice in writing to the Club Manager if you are unable to use the Club through serious illness or injury likely to preclude you from using the Club for a period of at least 6 calendar months. We reserve the right to require reasonable evidence of your illness or injury - e.g. doctor's certificate. If you terminate your agreement after the Cooling Off period you will be entitled to the following: if paid in full membership - refund on pro-rata basis less any equipment purchased as part of your joining package; if payment is by direct debit or recurring subscription - you will need to pay the fee for one month's membership in advance only and the cost of any equipment purchased as part of your joining package will be retained by the Club.
8.4 Pre-Sale: in the event that this agreement was made during a specific Pre-Sale period and you became a founder member you may terminate this agreement by giving TriFit Gym Ltd at least 1 calendar month's written notice (via letter or email) to your TriFit Club manager up to 14 days of the opening date of the Club. If you terminate this agreement during the Pre-Sale period you will be entitled to the full refund of the initial payment made (including cost of any equipment purchased as part of your joining package upon returning the equipment to the club in a resalable condition).
8.5 Relocation: You may request to cancel your membership if you move outside of a 5-mile radius of the location of the Club within the Commitment Period and you decide that it is not practical for you to attend the Club. Proof of your new address must be provided with your cancellation request. Documents which are acceptable as proof of your new address include: utility bills (gas, water, electric), council tax bill, formal tenancy agreement, house purchase agreement, all of which must be current (dated within the last 2 months) to be provided at the same time as the written notice of termination. If you terminate your agreement after the Cooling Off period you will be entitled to the following: if paid in full membership - refund on pro-rata basis less joining fee; if payment is by direct debit or recurring card subscription - you will need to pay the fee for one month's membership in advance only. The 5-mile radius is calculated as reasonable in the London area.
8.6 Redundancy: You may submit a cancellation request in the event you are made redundant from your main employment. Your request must include the provision of a redundancy letter; if approved, your membership will terminate 1 calendar month after acceptance of cancellation. If you terminate your agreement after the Cooling Off period you will be entitled to the following: if paid in full membership - refund on pro-rata basis less joining fee; if payment is by direct debit or recurring card subscription - you will need to pay the fee for one month's membership in advance only.
9.Goods
9.1 If you change your mind about any goods purchased from us, you may return the item within 7 days with proof of purchase, and we will give you a full refund provided that the goods are unused and undamaged.
9.2 An exception to condition 9.1 is the Myzone heartrate monitor which can be used in the try-before-you buy scheme. This allows you to use the belt for 1 month, at the end of which you can return the belt if you do not wish to keep it. The monitor must be undamaged for you to be eligible for a refund. This does not affect your statutory rights as a consumer.
9.3 For the avoidance of doubt, we do not offer refunds on purchases of any other kind of Goods or Services sold.
10. Safety Notices:
10.1 The Club is under 24-hour recorded video surveillance. You may not bring in guests at any time without prior written consent of the Club. Furthermore, if this policy is violated, at the sole discretion of the Club, you may be charged a guest fee and/or your membership suspended or terminated with the full membership fee for the remainder of the Commitment Period declared due and payable and a penalty of £125.
10.2 If the Club consents to you bringing guests, they must pay a guest fee, be the Minimum Age for the club and show photo ID with proof of age upon arrival. (This does not apply to 16 and 17-year olds).
10.3 It is your responsibility to wipe down the equipment and re-rack any weights used.
10.4 You are hereby required to use the safety features of the equipment. If you are unsure how to use a machine, you should not use it until you have obtained instructions from the staff or personal trainers.
10.5 You are responsible for familiarising yourself with the safety and security systems in your Home Club.
10.6 Abusive language, threatening or violent behaviour, abuse of equipment, use of alcoholic or illegal substances, and smoking at the Club may result in suspension or termination of your membership with the full membership fee for the remainder of the Commitment Period declared due and payable.
10.7 Photography is permitted within the Club, but members are asked to respect the privacy of others, and avoid capturing and/or publishing images which also feature other members unless they have indicated their consent for this to occur.
10.8 From time to time we may gather photography and video footage from your class for marketing and social media purposes. We will make you aware this is happening, but if for any reason you do not wish to be in shot, you should let the photographer or instructor know and we will make sure you do not feature.
10.9 Members must read all Health and Safety notices displayed in the Club and comply with their recommendations at all times. In particular you must observe all instructions regarding the safe and proper use of each item of fitness equipment in the Club, recognising that at times the Club will be unsupervised and that at such times you should not use any item of fitness equipment with which you are not familiar or in respect of which you have not previously received induction training from a qualified member of staff at the Club.
10.10 For safety and security reasons, you may not be a member of TriFit Gym Ltd clubs unless you are at least 18-years old.
10.11 In order to prevent the interference with certain technology in the Club (CCTV, security systems) you may be required to refrain from using certain technology and from downloading certain apps as this may potentially affect the safety and security of the Club.
10.12 We will take a photo of you upon joining the Club. This is done for safety and security purposes and in order to monitor tailgating. The photo will be stored on the Club's database.
11. Maintenance of Club facilities:
The Club may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes. We reserve the right to add an annual facility maintenance charge of up to but no greater than the equivalent of 1 month's membership fees. If a facility maintenance charge is implemented in the future, you will be given a minimum of a 60-day notice of the amount owed and due date. You hereby authorise the designated billing company to collect this amount along with your regular Club membership fees.
12. Sale of Club:
In the event of the sale or disposal of the Club to another company or to any other person we may transfer your membership to the new owner. In such circumstances you will continue as a member of the Club and continue to pay your membership fees provided no changes to these terms or the Club rules having a material adverse effect on your use of the Club are made by the new owner. Any such disposal will not affect your contractual or statutory rights.
13. Notices:
Notices from you to the Club or TriFit Gym Ltd must be in writing and addressed to the Club Manager at your Home Club. You can send your notice by email. If you have not received a response from the Club within 7 days of your email please contact the Club to confirm that the email has been received. TriFit Gym Ltd 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 personnel at the Club must be receipted. Notices from TriFit Gym Ltd to you will be posted to you at your address provided by you in the membership agreement.