Company Name: South West Allegiance Ltd (Trading as Community Fitness All Or Nothing)

Company No: 12487780

LEGAL NOTICE:

Visitors to our gymnasium are required to accept the following terms and conditions in return for the information given about us, our business and the services we provide through our Website.

Terms & Conditions:

Those who purchase memberships or attend classes are required to accept the following terms and conditions:

Refunds, Cancellations and Notice Period

REFUNDS:

Refunds will only be given in the form of store credit to use on any of the services that we provide. This can only be done if the client produces a doctors note explaining that they can no longer attend due to a medical condition/injury. No cash refunds will be given.

CLIENTS RIGHT TO CANCEL:

After a 3 months minimum commitment is completed then all memberships run on a month to month commitment and are subject to the notice period below. Once payment for the month has been made, the client may terminate at any point with 30 days minimum notice and will make no further payments after that period.

RIGHT TO HOLD MEMBERSHIP:

The client may hold their account at any time for a maximum of 30 days for reasons only, work overseas, illness or injuries covered by a GPs sick note. They cannot use the facilities during this pre- arranged hold (made in writing) with a minimum of 7 days notice to start the hold, payments will still be taken during this 7 day period. A period of 30 days is a maximum hold before the automatic continuation of payments will be taken for membership. If a member is still unable to attend the gym then they can continue paying membership or if they wish to cancel then this will result in a final month payment and a 30 day notice issued.

NOTICE PERIOD & MEMBERSHIP CANCELLATIONS:

Clients are obligated to provide (in writing) a 30 days notice should they wish to terminate their membership. This must also be cancelled by the client via the the booking app. Written cancellations must be received before the agreed monthly date of payment: No further payments will be taken 30 days after the notice has delivered in writing. Cancellation of payments is done via the app and it the clients responsibility (see cancellation of payments below).

EXAMPLE NOTICE PERIOD:

Client Monthly Payment Date: 1st Month
Notice to terminate: received 10th August
Last payment due: 1st September
Last date of membership 9th September

YEAR UNLIMITED MEMBERSHIP (pre-paid)

Members agreeing to annual memberships fully understand the terms and rates agreed reflect that there is no recourse to any form of refund, cancellation, on hold or extension or any other change to the original agreed period regardless of situation howsoever that arises and there are no exceptions to this. There is no right to ongoing annual memberships. Unless offered in advance, any member(s) on an annual agreement will automatically be transferred to monthly membership plans at the current membership rates upon completion of their annual agreement.

CANCELLATION OF PAYMENTS:

Membership payments can only be made by regular bank transfer, direct debit as set up by the client. It is the CLIENTS RESPONSIBILITY to ensure their regular payments are cancelled correctly where a membership is terminated (see above example). Ongoing payments received by South West Allegiance LTD (Trading as Community Fitness All Or Nothing) post cancellation will supersede the cancellation and be deemed as the clients wish to continue with their membership regardless of whether they attend any classes or not.

CLIENTS DEFAULT:

Client shall be deemed in default of this agreement upon the failure to comply with any of the terms and conditions of the agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, South West Allegiance LTD shall have all rights and remedies available, including termination of this agreement and institution of an action for all applicable members. South West Allegiance LTD (Trading as Community Fitness All Or Nothing) delays or refrains from exercising any rights under this agreement, South West Allegiance LTD (Trading as Community Fitness All Or Nothing) does not waive, nor will South West Allegiance Ltd lose those rights. South West Allegiance LTD (Trading as Community Fitness All Or Nothing) accepts late or partial payments from the buyer, South West Allegiance LTD (Trading as Community Fitness All Or Nothing) does not waive the right to receive full and timely payments and other charges due under this agreement.

SUCCESSORS AND ASSIGNS:

Client agrees that all terms and conditions of this agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of client, and anyone claiming by or through client.
Enforceability: The parties agree that if any provision or portion of this agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this agreement, which shall otherwise remain in full force and effect. However, client specifically agrees all the terms and conditions are to be enforced and client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this agreement.
Legal fees: In the event either party finds it necessary to commerce litigation or other court action to enforce the terms and conditions of this agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual lawyer’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.

The following information has been produced to ensure that all members are assured of a comfortable and enjoyable experience on each and every one of their visits. Although the items in this list are detailed in their nature, it is anticipated that for the majority of members there will be little or no need ever to refer to them. They do however allow the management of the club to provide a service that we believe is second to none.

MEMBERSHIP FEES:

Membership fees shall be fixed by South West Allegiance LTD (Trading as Community Fitness All Or Nothing) and may be altered at any time. Members will be notified (by notices posted on gym notice boards, social media platforms and/or in writing by email communication) of any changes in the fees prior to the date of the alteration.
(Important Note – It is up to the client to ensure their personal information is kept up to date at all times with the club. This includes but is not limited to information relating to: full name, address, postal code, telephone numbers, email addresses and next of kin information as requested on the clubs current PAR-Q form).
a) On payment of membership fees, a member is entitled to use the gym facilities when open and to participate in any online live or anytime sessions with frequency of use relating to the membership type purchased.
b) The first membership subscription shall be due and payable on the signing of this agreement. Subsequent membership subscription shall be due and payable on the 1st of the month thereafter. All payments are payable by regular standing order, direct debit or credit card.
c) All membership applications must include completion of the current prescribed forms (not least completion of a PAR-Q and where appropriate completion of a Waiver liability form) by the gym and applicants may be subject to an interview at the discretion of the membership.
d) The gym reserves the right to reject an application for membership, or refuse admission, without ascribing any reason.
e) Membership fees are payable according to the membership type selected.
f) Clients must ensure their accounts do not fall into arrears. Late payments of membership fees are subject to an administration fee of £20 if not paid 5 working days after the payment is due. Upon receipt, membership payments are automatically backdated to their original due date. Access to the gym will be suspended pending receipt of all monies due.

OPEN GYM UNSTAFFED HOURS: (OUT OF HOURS POLICY)

ENTRANCE AND EXIT VIA THE SINGLE DOOR ONLY. YOU MUST USE THE KEY FOB PROVIDED BY STAFF MEMBERS AND YOU MUST BE AN UNLIMITED MEMBER OR OPEN GYM ONLY MEMBER. ENSURE YOU SHUT THE DOOR SO IT CLICKS BEHIND YOU TO DENY ACCESS FROM THE GENERAL PUBLIC OUT OF HOURS.

RULES ON TRAINING ALONE

YOU MUST TRAIN WITH THE LIGHTS ON IN THE AREA YOU ARE USING TO AVOID ANY TRIPS FALLS AND ACCIDENTS

YOU CAN ONLY TRAIN WITH OTHER MEMBERS WHO HAVE HAD A FULL INDUCTION AS WELL AS YOURSELF

SPOT PARTNERS WHERE NECESSARY, OR IF TRAINING ALONE YOU SHOULD NOT LIFT ABOVE 80% OF YOUR 1RM. ALWAYS HAVE A MOBILE PHONE WITH YOU

DO NOT ATTEMPT ANY LIFTS THAT YOU ARE NOT COMPETENT IN LIFTING

ANY EQUIPMENT DAMAGES MUST BE REPORTED TO A MEMBER OF STAFF ASAP AND WILL BE PAYED FOR BY THE INDIVIDUAL IF CAUSED DELIBERATELY OR UNDER UNDUE CARE AND ATTENTION.

CCTV IS IN USE FOR YOUR SAFETY AND PROTECTION, SO DO NOT TURN THEM OFF AS IT WILL RESULT IN LOSING THE USE OF UNMANNED OPEN GYM.

ACCESS IS 24 HOURS, YOU MUST SIGN THE LATEST WAIVER ON THE APP BEFORE TRAINING AND MUST NOT TRAIN WHILST DRINKING ALCOHOL OR WITHIN 12 HOURS OF CONSUMING ALCOHOL.

A £15 DEPOSIT MUST BE PAID FOR PRIOR TO USE OF THE OPEN GYM

ALL EQUIPMENT USED MUST BE WIPED DOWN AND PLACED BACK NEATLY

CHALK MARKS MUST BE CLEANED UP SO IT IS CLEAN FOR THE NEXT CLASS OR PERSON. REPEAT OFFENDERS WILL LOSE ACCESS

NOCCO’S AND COFFEE’S MUST BE PAID FOR PRIOR TO CONSUMPTION. NO I.O.U’s. LEAVE CASH ON THE TILL, A STRONG COMMUNITY IS BUILT ON TRUST.

ALL LIGHTS AND MUSIC SWITCHED OFF AND THE DOOR MUST BE PUSHED SHUT AND CHECKED BEFORE LEAVING. MUSIC/DROPPING WEIGHTS NOISE KEPT TO A MINIMUM CLOSER TO THE UNSOCIAL HOURS.

ACTIONS ON INJURY/EMERGENCY/FIRE

GIVE BASIC FIRST AID USING THE FIRST AID KIT LOCATED IN THE MAIN OFFICE LEFT OF THE DOOR FRAME, IF MORE SERIOUS CALL 999 FOR THE EMERGENCY SERVICES.

INFORM KARL OR MIKE (NUMBERS AT THE TOP OF PAGE 1)… IF THERE ARE ANY INCIDENTS STATING DATE, TIME, NAME AND INJURY.

IN CASE OF FIRE UTILISE THE FIRE EXTINGUISHERS LOCATED ON EACH FLOOR, MAKE ONE ATTEMPT TO PUT THE FIRE OUT THEN IF UNSUCCESSFUL EXIT VIA EITHER OF THE TWO MAIN DOORS AND STAND NEXT TO RUGBY CLUB ENTRANCE AND CALL 999.

REMEMBER THAT TRAINING ALONE WITHOUT THE GUIDANCE OF A COACH IS DONE SO AT YOUR OWN RISK!

“Use of the Community Fitness All Or Nothing facilities outside of the scheduled class open times are not monitored by Community Fitness All Or Nothing employees, and your use of the equipment and facilities is at your own risk. Community Fitness All Or Nothing will not be responsible or liable for any injury or damages incurred by you arising out of or related in any way with your use of the equipment and facilities. Use of open gym is at the sole discretion of Community Fitness All Or Nothing and any violation of the rules and regulations can result in cancellation of these privileges or gym memberships. All minors must be accompanied by a parent during open gym. You must be in possession of a key fob given to you by a member of staff to use this service and cannot accompany anyone else who holds a key fob.”

I agree to inspect before use all equipment offered for use at the Community Fitness All Or Nothing gym or any other venue associated with Community Fitness All Or Nothing, including without limitation, exercise and fitness equipment and apparatus or other equipment and to ask questions of the Community Fitness All Or Nothing employees before use.”

In case of emergency, I would like Community Fitness All Or Nothing to call my emergency contact located on my Wodboard profile which I will keep up to date.

READ THIS WAIVER AND LIABILITY FULLY AND CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. AGREEING TO THE TERMS HERE OF IS A CONDITION OF ACCESS TO COMMUNITY FITNESS ALL OR NOTHING GYM AND ANY FITNESS EVENT, VENUE OR OTHER FACILITY ASSOCIATED WITH COMMUNITY FITNESS ALL OR NOTHING.

GENERAL:

I, as a member, am aware that there are significant risks involved in all aspects of physical training. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of me, my training partner, or other people around me, and injury or death due to improper use or failure of equipment. I am aware that any of these above mentioned risks may result in serious injury or death to me and/or my partner(s).

SAFE PRACTICE:

You are not to attempt any movements or lifts without having been shown the correct method from one of our trainers and you have correctly warmed up the muscles and joints required to attempt these movements. If you agree and yet are not confident but attempt these movements anyway which results in injury to yourself or others then the responsibility comes down to yourself and not the gymnasium.

If you have bought your children to the gym to rest in the games area then they remain your responsibility of the parents and under no circumstances are to leave the games area and enter the gym floor to avoid accidents or injuries.

If you have any underlying illnesses or injuries then you are to seek advice from your GP to weather it is safe to undertake any high intensity fitness training prior to buying a membership.

PERSONAL CONDUCT:

You must not behave in an aggressive , abusive, anti-social or threatening manner to any staff or member, any one doing so can have their membership terminated immediately and Community Fitness All Or Nothing reserves the right to contact the Police if deemed necessary. Community Fitness All Or Nothing reserves the right to deny any member to train at anytime if their behaviour is determined to affect the business financially, physically or environmentally. Any membership can be terminated at anytime by the owner(s).

Only qualified trainers, personal trainers and physical education teachers/instructors are permitted to train members in the gym unless granted permission in writing from the directors/owners of the gym. Anyone else undertaking members personal training will be asked to leave the gym immediately and to not return.

Members are solely responsible for their own belongings whilst visiting Community Fitness All Or Nothing. The gym takes no responsibility for any loss, damage to personal property.

Vehicles shall only be parked along thed road between the unit and Node Cowork whilst training, be courteous to others using the facility.

Dogs are required to remain in/attached to the dog cages/reception desk and are not permitted to be tied to the frame, any weights or equipment and not to roam free. Any damages made by the dog will be at the coast of the owner.

RHABDOMYOLYSIS ("Rhabdo"):

Rhabdo can occur when physical activity is so intense that one's muscular cells begin to breakdown and enter the bloodstream. The symptoms include muscle pain, stiffness and extreme weakness, darkening of the urine, decreased urine output, altered mental status and swelling of the body part involved. I understand that any concerns on my part that I am experiencing any of the symptoms of Rhabdo require immediate presentation to a hospital for emergency treatment. I acknowledge and understand that all individuals engaged in demanding workouts are potentially exposing themselves to Rhabdo or other injuries/negative physical results. I acknowledge and understand that I am the only individual capable of determining if I am experiencing Rhabdo symptoms. I hereby agree and do willingly assume responsibility for any injury or death that may result from participating in this significantly demanding physical activity.

MEDICAL INFORMATION AND TREATMENT

Information received from South West Allegiance Ltd, trading name of Community Fitness All Or Nothing is not medical, nor nutritional, advice. It is not intended to diagnose, cure, or treat any current or future medical conditions. It is advised that you consult your physician before starting any type of wellness program which could include, but not be limited to exercise, changes in eating habits, and changes in lifestyle habits.

In connection with any injury that I may sustain or illness or other medical conditions that I may experience during my presence at the Community Fitness All Or Nothing gym or other venue associated with Community Fitness All Or Nothing, I authorise and consent to receive any emergency first aid, medication, medical and/or surgical treatment deemed necessary by the attending personnel or the Community Fitness All Or Nothing employees. I acknowledge that no one is under an obligation to provide such medical treatment or services, and Community Fitness All Or Nothing does not warrant or make any representation concerning the adequacy or continuation of such medical services, nor be deemed responsible or held liable for any claims arising out of the provision of such medical services or the failure to provide or to continue to provide such medical services.

AUDIO/VISUAL RELEASE.

I agree to give Community Fitness All Or Nothing the right to use, or publish all photographs, or videos, of me while engaged in activities at Community Fitness All Or Nothing, in conjunction with my name, in print and on the web. I hereby warrant that I am of full age and have the right to contract in my own name.

MINOR CHILD:

If I am executing this Waiver and Release of Liability on behalf of a minor child, I also give full permission for any person connected with Community Fitness All Or Nothing to administer first aid deemed necessary, and in case of serious illness or injury, I 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.

WAIVER, ASSUMPTION OF THE RISK, AND INDEMNIFICATION.

(a) WAIVER AND HOLD HARMLESS OF CLAIMS FOR PERSONAL INJURY OR DEATH: CROSSFIT ALL OR NOTHING SHALL NOT BE RESPONSIBLE FOR ANY PERSONAL INJURY TO OR DEATH OF MEMBER CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF Community Fitness All Or Nothing OR ANY OF ITS MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, CONTRACTORS OR OTHER PERSONS IN OR NEAR THE GYM OR ANY OTHER VENUE ASSOCIATED WITH CROSSFIT NOR SHALL CROSSFIT BE RESPONSIBLE FOR ANY PERSONAL INJURY OR DEATH TO MEMBER CAUSED BY ACTIONS OR INACTIONS OF ANY THIRD-PARTIES OR THE RESULT OF NATURAL CAUSES, SUCH AS STORM, WIND, ETC. MEMBER HEREBY HOLDS HARMLESS AND RELEASES Community Fitness All Or Nothing AND ANY OF ITS MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR OTHER PERSONS IN OR NEAR THE GYM FOR ANY OF THE CLAIMS OR DAMAGES DESCRIBED IN THIS PARAGRAPH (a).

(b) ASSUMPTION OF THE RISK: MEMBER ACKNOWLEDGES AND REPRESENTS TO CROSSFIT ALL OR NOTHING THAT MEMBER UNDERSTANDS THAT MEMBER HEREBY ASSUMES ALL RISKS ASSOCIATED WITH THE ACTIVITIES OR ANY OTHER EVENTS OCCURRING AT THE GYM, OR ANY OTHER VENUE ASSOCIATED WITH CROSSFIT ALL OR NOTHING, WHICH RISKS INCLUDE, BUT ARE NOT LIMITED TO SERIOUS PERSONAL INJURY TO OR DEATH OF MEMBER. MEMBER HEREBY AGREES TO ASSUME AND ACCEPT ALL SUCH RISKS, INCLUDING, BUT NOT LIMITED TO, ALL RISKS DESCRIBED IN PARAGRAPH (a) AND (b) HEREOF. MEMBER FURTHER ACKNOWLEDGES AND REPRESENTS THAT MEMBER IS AWARE THAT COMMUNITY FITNESS ALL OR NOTHING WILL NOT PROVIDE SECURITY FOR STORAGE OF ANY PERSONAL PROPERTY OR ITEMS, AND THAT MEMBER ASSUME ALL RISKS ASSOCIATED WITH SUCH STORAGE.

(c) INDEMNIFICATION OF CLAIMS FOR PROPERTY DAMAGE OR THEFT, AND PERSONAL INJURY OR DEATH: TO THE FULLEST EXTENT PERMITTED BY LAW, MEMBER AGREES TO DEFEND, (INCLUDING PAYING ASSOCIATED WITH ANY LITIGATION), INDEMNIFY, AND HOLD HARMLESS, CROSSFIT ALL OR NOTHING, AND ITS MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, CONTRACTORS, OR OTHER PERSONS IN OR NEAR THE GYM, OR ANY OTHER VENUE ASSOCIATED WITH COMMUNITY FITNESS ALL OR NOTHING, AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS OR LOSSES, AND FOR ANY DAMAGES WHICH MAY OTHERWISE BE ASSERTED, CLAIMED OR RECOVERED AGAINST OR FROM COMMUNITY FITNESS ALL OR NOTHING, ITS MEMBERS,

WAIVER OF A JURY TRIAL:

COMMUNITY FITNESS ALL OR NOTHING AND MEMBER HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS WAIVER AND RELEASE OF LIABILITY OR USE OF THE GYM (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).

COVENANT NOT TO SUE:

I, on behalf of myself and my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, agree never to institute any suit or action at law or otherwise against any of the Released Parties, or to initiate or assist in the prosecution of any claim for damages or cause of action which I or my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, may have by reason of injury to my person or property, or my death, arising from my use of the gym, whether caused by the negligence and/or other fault, either active or passive, of any of the Released Parties, or from any other cause. Should any such suit or action at law or otherwise be instituted against any of the Released Parties, I agree that such Released Parties shall be entitled to recover such suit or action, including any appeals therefrom.

MISCELLANEOUS:

This Waiver and Release of Liability may not be transferred or assigned to another person or entity by the Member, and the Member does not have the authority or right to allow any person or entity to enter or use the Community Fitness All Or Nothing gym.

This Waiver and Release of Liability may not be altered, amended, or modified

A waiver of any condition or term of this Waiver and Release of Liability by Community Fitness All Or Nothing hall not be deemed a continuing waiver of that term or condition nor shall it be deemed a waiver of any other condition or term of this Waiver and Release of Liability.

I have read and understood the foregoing Waiver and Release of Liability and I understand that by agreeing here it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent, grossly negligent, or intentional act or omission.

I UNDERSTAND THAT BY SIGNING THIS FORM I AM WAIVING VALUABLE LEGAL RIGHTS

DECLARATION OF HEALTH & FITNESS

I, the Client, am committed to participating within coaching sessions. I understand that certain elements of this program can be physically demanding, and that I may need to undergo strenuous physical activity. I realise that CFAON is responsible for providing the coaching I request. I am responsible for my own participation. I understand that all data collected will be used for the personal development purposes and kept by CFAON.

I, the Client, am physically fit and able to participate in classes and individual coaching sessions.

I, the Client, am fully aware of the cost for the membership I have chosen and what it entails.

I, the Client, will not attempt any movements or lift and weights without being shown the correct movements first by a member of staff. If I do not have any functional fitness experience or have been previously been inducted by another functional fitness gym then I will complete the CFAON induction package first.

If I bring any children into the gym to utilise in the games area then they remain my responsibility at all times and under no circumstances are they to leave the games area and enter the gym floor to avoid accidents or injuries. No children under 5 years old will be brought to the gymnasium.

If I have any underlying illnesses or injuries then I will seek advice from my GP to whether it is safe to undertake any high intensity functional training prior to buying a membership.