I/We agree to participate in a physical fitness regime provided by Revolutionize Fitness which may include, but not necessarily be reserved to, Functional training.

I have been fully informed by Revolutionize Fitness that the fitness regime to be provided of which I agree to participate, is of a nature that is extremely strenuous and may push me to the limits of my physical abilities. I understand that the regime is not without degrees of risk which may include, but are not reserved to the following:

•Injury to the musculoskeletal and/or cardio respiratory system which can result in serious injury or death.

•Injury or death due to negligence on the part of myself, my training partner, or other people around me.

•Injury or death due to improper use or failure of equipment.

•Injury or death due to a medical condition, whether known or unknown to me.

I willingly accept full responsibility for any and all risks that I am exposing myself to as a result of my participation in the Revolutionize Fitness training regime, and accept full responsibility for any death that may result from participation in any activity or physical exercise regime.

I hereby certify that I know of no medical problems that could increase my risk of illness and injury as a result of participation in a fitness regime designed by Revolutionize Fitness. Revolutionize Fitness informed me that there exists the possibility of adverse physical change during an exercise regime and I fully understand the same. Revolutionize Fitness informed me that these changes could include abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death. With my full understanding of the above information I agree to assume all risk associated with my participation in Revolutionize Fitness training regime.

Release of Liability

In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the activities made available by Revolutionize Fitness, I hereby waive, release and discharge Revolutionize Fitness and its employees and volunteers of any kind related to, arising from, or in any way connected with my participation in the fitness regime.

This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the reminder of the agreement shall remain in full legal force and effect.

If I am signing on behalf of a minor child, I also give full permission for any person connected with Revolutionize Fitness to administer first aid deemed necessary, and in case of serious illness or injury give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.

I recognise that there is risk involved in the types of activities offered by Revolutionize Fitness. Therefore, I accept financial responsibility for any injury that I may cause either to myself or to any other participants due to my negligence. I further agree to indemnify and hold harmless Revolutionize Fitness their employees and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Revolutionize Fitness.

I agree to allow Revolutionize Fitness, its employees and volunteers to use picture(s), film and/or likenesses of me for advertising purposes. In the event I choose not to allow use of such media I must inform Revolutionize Fitness of this in writing.

I have fully read and understand the foregoing assumptions of risk and release of liability, and I understand that by signing below it obligates me to indemnify the parties named for any liability for injury.

Membership Agreement

By signing up to a membership you agree to the terms set out in this document.

1. DEFINITIONS

Company Address: NW10 CrossFit, The Coach House, Cumbria, CA15 6RA.

Contact Us Telephone: 07729 528515

Membership Agreement: Your Membership Agreement as appended to these Conditions.

Contract: Your Membership Agreement and these Terms and Conditions. Membership Fees: The charges payable for your category of membership as set out in your

Contract Term: The minimum duration of the agreement.

Gym Etiquette: The behaviour standards required in our box (gym). These are on display within gym areas.

Services: The Contract entitlement for usage of our facilities.

We/us/our: Trading as NW10 CrossFit

Customer: You

Working Days: Monday to Sunday inclusive

2. APPLICATION OF CONDITIONS AND OUR OBLIGATIONS

2.1 These Conditions, which should be read before signing up to any of the memberships that we provide. This will not change your statutory rights.

2.2 NW10 CrossFit reserves the right to change minor points on the Contract. This will not change your statutory rights.

2.3 We shall use reasonable endeavours to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.

2.4 Time shall not be of the essence for our performance of the Services under the Contract.

3. COMMENCEMENT, CONTRACT TERM AND CONTINUOUS MEMBERSHIP

3.1 The Contract shall commence on the date of purchase and shall continue until cancelled.

3.2 If you choose to pay monthly by Direct Debit rather than pay in full, you will be asked to renew your membership in accordance with clauses 10 and 11.

3.3 You may elect to change your membership after the Contract Term or at any time during the Month to Month membership option by using the upgrade option in your membership area.

3.4 Members must be aged 16 years plus.

4. MEMBERSHIP FEES AND ADDITIONAL PURCHASES

4.1 Without prejudice to any other right or remedy that we may have, if you fail to pay us the Membership Fees on any due date, we may

(i) Suspend all Services until payment has been made in full.
(ii) Where such sum has been outstanding for more than 28 days, engage a collections

agency to pursue you for the debt. You agree that you will be responsible for all costs of the agency seeking to recover payment from you.

(iii) Raise a late payment charge if the debt remains unpaid after 14 days.

4.2 We may, without prejudice to any other rights that we may have, set off any liability that we have to you against any liability that you have to us.

4.3 Should your Membership Fees not be paid due to insufficient monies in your account we will ask you to rectify this and will try to retake that Direct Debit within 21 Working Days of the first rejection.

4.4 You are unable to transfer your membership to another person.

4.5 If you upgrade your membership to a different membership category you may be liable for the increase in fees.

4.6 You are unable to downgrade your membership during that month.

5. PRICE RISE

5.1 Your membership price is liable to go up when NW10 CrossFit deem necessary. We will give you a minimum of 4 weeks notice before the new price would come into affect.

6. REFURBISHMENT AND REPAIR

6.1 You acknowledge that it may be necessary for us to close parts of or whole box (gym) from time to time to carry out refurbishments or repairs and that this may disrupt our provision of the Services and agree that any such disruption shall not constitute a material breach of the Contract. If the box (gym) is closed for a continuous period of 30 days or more you shall be entitled to a refund of any Membership Fees paid that relate to the period of closure.

6.2 NW10 CrossFit will endeavour to ensure that no material changes are made to your agreement. However, in the event material changes are made you will be notified.

7. BOX (GYM) ETIQUETTE AND CONDUCT

7.1 You agree to be bound by and observe the Box (Gym) Etiquette within your Box (Gym) and acknowledge that we may amend this at any time and at our discretion.

7.2 You will not under any circumstances abuse the facility or equipment at the Box (Gym) or The NW10 CrossFit employees or any other member and you will pay for any damage to our property.

7.3 When a member brings a guest/family member into the Box (Gym), the member will be fully liable and responsible for the actions and behaviour of that guest/family member.

8. LIMITATION OF LIABILITY

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION

8.1 This condition sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and Subcontractors) to you in respect of

(i) Any breach of the Contract.

(ii) Any use made of the Services.
(iii) Any representation statement or tortuous act or omission (including negligence)arising under or in connection with the Contract.

8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

8.3 We shall not be liable for any Services offered by any third parties including Personal Trainers who are self­ employed.

8.4 Nothing in these Conditions limits or excludes our liability:

(i) For death or personal injury resulting from negligence.
(ii) For any damage or liability you incur as a result of fraud or fraudulent

misrepresentation.

8.5 Subject to the other provisions of this clause, we shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

8.6 Subject to the other provisions of this clause, our total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract, shall be limited to the charges that you have paid to us in the 12 month period preceding the date of the act or omission query giving rise to the claim.

8.7 Members must either secure their personal belongings on their person or secure those in a locker provided by NW10 CrossFit if lockers are provided. Every occasion the Box (Gym) is used, NW10 CrossFit , its employees, agents and subcontractors will not be liable for any loss, damage or theft of any property brought onto any of our premises either secured or not secured in a locker.

8.8 The above limitations do not exclude the right of the member to recover any appropriate loss under the law having regard to the Unfair Contract terms Act 1977 and/or the Unfair Contract terms in Consumer Contracts Regulations 1999 or other relevant consumer legislation or at common law.

9. TERMINATION BY US

9.1 Without prejudice to any other rights or remedies which the parties may have, we may terminate the Contract immediately on giving notice to you:

(i) If you fail to pay any amount due under the Contract on the due date for payment and such sum remains in default not less than 28 days after you being notified in writing to make such payment.

(ii) If you commit a material breach of the Contract, Gym Etiquette and Conduct as referred to in Clause 7.

(iii) For any other reason that we consider in our absolute discretion warrants termination of the Contract which may be immediate in which case any payment made for the month shall be refunded but not otherwise.

10. TERMINATION BY YOU

10.A DURING THE CONTRACT TERM

10.1 Your right to cancel will cease once you use the Box (Gym), or the period of 7 working days has elapsed, whichever is earlier.

10.2 You may cancel your Contract , by giving 30 days notice.

(i) You have lost your job due to redundancy, Contract termination or are suffering from severe financial hardship.

(ii) You have sustained an injury, long term illness or become pregnant.
(iii) You’re moving away and the Box (Gym) is not within a reasonable distance from
your new home or workplace, as a general rule we use 10 miles as a guide for reasonable distance.

10.B AFTER THE CONTRACT TERM

10.3 You may cancel your Contract by giving 30 days notice at any time and any payments due in that time will be charged (see 10.4) during which time you shall be able to continue to use the Services.

10.4 If you wish to cancel the Contract you must give us notice by:

(i) Calling us on the Contact Us Telephone Number; or
(ii) Sending written notice of your cancellation request to the Company Address for the attention of the Owner. Notice will have been deemed to be given from the date your request to cancel has been received, if accepted. Acceptance is deemed once you have received confirmation of cancellation of your membership from us.

10.5 Cancellation of your Contract will only be valid provided the cancellation request satisfies the conditions of 10.1, 10.2 or 10.3 above. We will not accept liability for mail lost in transit and therefore suggest a proof of receipt is obtained at time of posting e.g. by sending the letter via recorded delivery.

10.6 Cancelling your Direct Debit does not constitute cancellation of your Contract.

10.7 On application to cancel your Contract in accordance with 10.1­10.5 you shall immediately pay to us all outstanding Membership Fees due up to your leave date, including any notice period payable.

10.8 On application to cancel your Contract, however arising, the following conditions 2, 8, 9, 10 and 12 shall survive and continue in full force and effect.

10.9 We are entitled to retain any Membership Fees where you have not followed the correct cancellation process.

11. TEMPORARY SUSPENSION OF MEMBERSHIP

11.1 We do not freeze or suspend membership. You do have the option to cancel and rejoin if you are away for a prolonger period of time.

12. DATA PROTECTION

12.1 We take the privacy of our members seriously. If you have any questions about how we use your personal information, please do not hesitate to contact our Owners at the Company Address.

12.2 We will endeavour to use whatever method of communication deemed appropriate to notify you of Box (Gym) information in order to best serve your experience and assume that the information provided by you is correct and an acceptable method to provide you with this information.

11.3 We may use your personal information to provide and personalise the Services and to provide you with information about our similar products and Services that may be of interest to you.

11.4 We may also provide your contact information to our business partners and third parties who may contact you about their products and Services.

12. GENERAL

12.1 We may sell, transfer, mortgage, charge or assign the benefit of the Contract at any time. You may not, without our prior consent sell transfer, mortgage charge, or assign the benefit of the Contract.

12.2 We shall have no liability to you under the Contract if we are prevented from, or delayed in performing, our obligations under the Contract or from carrying out our business by acts, events, omissions or accidents beyond our reasonable control.

12.3 We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services.

12.4 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part­ provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.

12.5 Any notice or other communication to be given under the Contract must be delivered to the Box (Gym) address set out on our website or any such addresses as may be notified by a party to the other, in writing, from time to time.

12.6 The Contract shall be governed by, and construed in accordance with, the laws of England and Wales, and any dispute arising out of or in connection with the Contract shall be subject to the exclusive jurisdiction of the English courts.