ABOVE AVERAGE FITNESS LTD (TRADING AS CROSSFIT WREXHAM) – ADULT WAIVER

The participant understands that there is a risk of personal injury in the course of instruction and, with this knowledge, agrees to assume the risk of any injury and damage he/she may suffer as a result of participating in classes and/or attending the gym.

In addition, if you are attending the gym with your children, they (the participant) retain all responsibility, assuming the risk and legal liability for the safety of their child/children within the gym whilst they are attending classes and waiving and releasing all claims for injuries, damages or loss which your child might sustain as a result of being in the gym whilst you, (the participant) is participating in classes and/or attending them gym.

Specifically, the participant agrees to hold harmless Above Average Fitness Limited (trading as CrossFit Wrexham), our coaches and employees, and other participants attending the class and/or the gym from all losses, damages, injuries, causes of actions, claims, or complaints in the event that the participant is damaged or injured in any way during the participation, instruction and/or performance of any exercise or during any activity in the class or otherwise when attending the gym.

The participant further agrees to strictly obey coaches' instructions, and observe all safety rules relating to the classes, operation of the gym equipment and within the gym itself. The participant understands and acknowledges that all children must remain in the designated safe area during classes. Because of the physical demands of the training, the participant understands that he/she must be in good physical condition to participate in our classes and at the gym.

The participant understands that it is their continuing responsibility to inform the coach(es) at Above Average Fitness Limited (trading as CrossFit Wrexham) of any previous or current medical conditions, injuries or surgeries prior to attending a class or the gym - these may include but are not limited to:-

Abdominal disorders
Back pain/problems
High blood pressure
Nerve damage/trauma
Pain, stiffness, swelling, broken bones
Shoulder/neck problems
Auto-immune disorders (e.g. ME, MS)
Epilepsy
Arthritis (osteo or rheumatoid)
Heart conditions/disorders
Hip problems
Low blood pressure/fainting
Knee problems
Osteoporosis
Pregnant/recent pregnancies
Surgery (in last two years)
Varicose veins/Oedema
Sensory disorders affecting eyes/ears
Anxiety/Stress/Depression
Balance affecting disorder (e.g. vertigo)
Diabetes
Respiratory problems (e.g. Asthma)

I consent to the use of pictures, audio or visual recordings taken of me in connection with my membership for publication, promotion, social media, articles, advertisements and shows without compensation at this time or any other time. I understand that I may withdraw my consent immediately at any time by email to chrissy@crossfitwrexham.com

I have read and understood this waiver and release of liability, and I agree to its provisions. I confirm that I am not under the influence of any drugs, alcohol, or other intoxicants. I am not suffering from any illness or incapacity. I am over 18 years of age. (If not over 18 years of age, parent or guardian must sign.)

Service Terms & Conditions

CrossFit Wrexham Terms & Conditions 2023 Issued by: Above Average Fitness Ltd (trading as "CrossFit Wrexham"), CrossFit Wrexham, Unit F1, Bryn Business Centre, Bryn Ln, Wrexham LL13 9UT, United Kingdom

1. Introduction

1.1. Your membership policy covers those terms and conditions which govern your membership at CrossFit Wrexham so please make sure that you read them carefully and understand them. If you have any questions, please e-mail chrissy@crossfitwrexham.com

1.2. Your contract with Above Average Fitness Limited (trading as CrossFit Wrexham) starts from the date you complete the terms and conditions on WodBoard.

2. Types of Membership

2.1. We offer different types of memberships for individuals. The types of membership we offer are:

MONTHLY MEMBERSHIP: you commit to be a member and paying the monthly fee for at least 1 month, after this period your membership will automatically continue on a month by month basis, and if you wish to cancel you must do so in accordance with clause 7.3.

1 CLASS MEMBERSHIP PASS, 5 CLASS MEMBERSHIP PASS & 10 CLASS MEMBERSHIP PASS: you pay a fee upfront for a package of 1, 5 or 10 classes, which must be used within 14 days for 1 & 5 Class Passes, or 1 month for 10 Class Passes, which is non-refundable.

DISCOUNT MEMBERSHIP: you commit to being a member and paying the membership fee at a discounted rate upfront for 1 / 3 / 12 months, after this period your membership will automatically continue on a month by month basis at the full cost of your chosen membership, and if you wish to cancel you must do so in accordance with clause 7.5.

CROSSFIT KIDS/TEENS MEMBERSHIP: you pay a fee upfront for a term or half-term of classes, which is non-refundable.

We offer the following additional package to 'monthly' members:

PERSONAL TRAINING 10 SESSION PACKAGE: you pay a fee upfront for a package of 10 personal training sessions, which must be used within 6 months of the payment of the fee, which is non-refundable.

3. Membership Fees

3.1. The cost of your membership will depend on your chosen type of membership. Your monthly membership fees are set out on the Memberships page on WodBoard.

3.2. During your membership you must pay the fees whether you use the gym or not (unless you have frozen your membership).

3.3. When your membership ends and we have taken the final payment, you are responsible for cancelling the direct debit.

4. Payment Method

Unless you have chosen the '1 Class Pass', '5 Class Pass' or ‘10 Class Pass’ package or paid the discounted rate for 1, 3 or 12 months upfront as part of the 'Discount Membership' option, all monthly fees must be paid in advance every month by direct debit, unless otherwise agreed. Other payment methods may incur additional fees.

5. Failure to pay

In the event of a failure to pay an instalment by direct debit, or any other sum you owe to us, we will ask you to pay by cash, debit card or credit card and to give us your correct bank details. We may appoint a debt-collection agency to collect any payments you owe, and you may have to pay any costs associated with this, including court costs, or, we may choose to take the payment from your credit card or debit card using the credit card or debit card details you have given us.

6. Freezing membership

6.1. You may freeze your membership for between 1 and 12 calendar months for the following reasons only (for the avoidance of doubt, redundancy is not a valid reason to freeze the membership of the '1 Class Pass', ‘5 Class Pass’ or '10 Class Pass' or, during a 1 or 3 month, 'Discount Memberships'): Pregnancy; Illness or Injury. To freeze your membership due to injury please first book an appointment with your coach to discuss which training adaptations may still be available to you. We retain the right to ask for a doctor’s certificate to show you are unable to train (please note minimum freeze period is 1 month); Redundancy, and in all cases any request to freeze your membership must be made by email to chrissy@crossfitwrexham.com, if relevant attaching the doctor's certificate requested.

6.2. If we agree to freeze your membership, we will do so from the day of receiving the request to freeze. We cannot freeze it from an earlier date and will not refund monthly fees paid before the membership was frozen.

6.3. We will start your membership again, and start taking any direct debits, on the date you tell us you want your membership to start again.

6.4. We will not charge you membership fees while your membership is frozen. If you have chosen our '10 Class Plan’ we will extend the deadline for use of the classes by the number of full calendar months your membership has been frozen for. If we increase our prices during the period when your membership is frozen, you will have to pay any new prices that apply to your membership type when your membership starts again.

7. Cancelling your membership

Cancelling during the ‘cooling off period’

7.1. You may cancel your membership for any reason within 14 days of joining. If you choose to cancel within 14 days of joining (the "cooling off period") we will give you a full refund of any fees you have paid.

7.2. After the cooling off period, if you have paid any fees upfront and need to cancel your membership, we cannot refund any unused membership fees already paid. If you are unable to make use of your membership, we advise first looking at the membership freeze options. Memberships cannot be transferred.

Cancelling a ‘Monthly Membership’

7.3. All 'Monthly Memberships' are billed on the 1st day of the month. You can cancel a 'Monthly Membership' by giving no less than 30 days’ notice before the next billing date. When you cancel, your membership will run until the next billing date, and then not renew for the following month. If you give notice within 30 days of the next billing date, a membership payment will be taken on the next billing date, and your membership will run to the end of that month and then not renew.

7.4. To cancel your membership, please send an email to chrissy@crossfitwrexham.com

Cancelling a 'Discount Membership'

7.5. Our 'Discount Membership' cannot be cancelled during the initial 3 month commitment. After the initial 3 month commitment your membership terms will be as per our 'Monthly Membership'.

7.6. To cancel your membership, please send an email to chrissy@crossfitwrexham.com

Cancelling due to a change in monthly fee or a change to these terms and conditions

7.7. If you are not happy with any change in the monthly membership fee or any change to these terms and conditions that apply to you, you must tell us, via an email sent to chrissy@crossfitwrexham.com, that you are cancelling your membership because of the increased fee or change to these terms and conditions. You will still have to pay any increased fee until your membership ends; however, we will refund the difference between the old monthly fee and the increased monthly fee at the end of your membership.

8. Our rights to end the contract

8.1. We may cancel your membership by giving you one month's notice in writing. In these circumstances, we will refund any full months' fees that you have already paid.

8.2. We may end your membership at any time by writing to you if: you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; you use offensive or abusive language, or use violent or offensive behaviour or if your behaviour puts our other members or employees at risk of death, illness, injury or other damage or loss; and you fail to obey the reasonable instructions of one of our coaches or employees, and as a result of such failure, you put yourself and/or our other members or employees at risk of death, illness, injury or other damage or loss, and/or risk damaging the gym equipment or facilities.

9. Our rights to make changes

9.1. We may, at any time choose to withdraw any type of membership or a payment option for new and existing members.

9.2. At any time, we may change the membership fee by any amount we consider reasonable. We will tell you about any changes that will apply to your membership and will give you 30 days' notice before any change comes into effect.

9.3. We may make reasonable changes to these terms and conditions if the changes will benefit the majority of our members.

9.4. If you are not happy with any changes we make, you may cancel your membership in accordance with clauses 7.7.

9.5. These terms and conditions replace any previous version.

10. Events Beyond our Control

10.1. If, for any reason we are unable to provide all the services and facilities at the gym for more than 30 consecutive days, due to reasons or events beyond our control, you or we can cancel your membership immediately after giving notice in writing.

10.2. By law, we do not have to pay you compensation in these circumstances.

10.3. Reasons or events beyond our control include: natural disasters, government actions, war, national or regional emergencies, acts of terrorism, protests, riot, fire, explosion, flood, epidemic, strike or other labour disputes (whether or not they relate to our work force), power cuts, delays affecting suppliers, and eviction from the premises operating the Above Average Fitness Ltd facilities.

11. Your contact details

We will send all gym & training updates via email to the address you have given us on WodBoard. You must keep WodBoard up to date with any changes to your address or other contact details.

12. Our Responsibility for Loss or Damage Suffered by you

12.1. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example if you discussed it with us during discussions before you decided to join.

12.2. Our liability to pay you compensation for loss or damage (other than death or personal injury) is limited to a reasonable amount taking into account of factors such as whether the damage was due to our negligence.

12.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees; or for fraud or fraudulent misrepresentation.

12.4. You should consult your GP before you start any new exercise program or class you attend.

12.5. We may make changes to the services we provide, and we will give you notice of such changes. We will not be liable for any loss or damage caused by these changes unless the loss or damage is caused by our negligence.

12.6. We cannot accept liability for loss or damage to your property at the gym or any area used by you which is under our control unless that loss or damage was caused by our negligence.

13. Data protection

13.1. Above Average Fitness Limited take the protection of the data that we hold about you as a member seriously and will do everything possible to ensure that data is collected, stored, processed, maintained, cleansed and retained in accordance with current and future UK data protection legislation. We will record any personal information you give us in line with the current data protection laws.

13.2. We will keep any clinical information you give us confidential and secure and only pass it to, or receive it from, those involved with your programme. By joining one of our membership options, you are giving us permission to share relevant information that relates to your health goals between members of our staff.

13.3. We may pass your personal information to a debit collection agency in the event you fail to pay your monthly fee.

13.4. It is important that we hold the most up-to-date contact details for you. You are responsible for keeping all your personal contact details and choices for how you want to receive marketing materials up to date.

13.5. Please read the full Data Protection Policy carefully to see how Above Average Fitness Ltd will treat the personal information that you provide to us. We will take reasonable care to keep your information secure and to prevent any unauthorised access. The full policy can be found here.

14. Transferring the Contract

We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if this happens and we will ensure that the transfer does not affect your rights under the contract. If you are unhappy with the transfer you may contact us, via an email sent to chrissy@crossfitwrexham.com and end your membership within 14 days of us telling you about it and we will refund you any payments you have made in advance.

15. Alternative Dispute Resolution

Alternative dispute resolution is a process whereby an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you can submit your complaint to the European Commission Online Dispute Resolution platform.

16. Choice of law

Your membership with us is governed by the laws of England and Wales.