PLEASE NOTE THESE TERMS AND CONDITIONS ARE IN ADDITION TO THE WAIVER YOU HAVE ALREADY SIGNED. PLEASE READ CAREFULLY
1. Introduction
1.1. Your membership policy includes these terms and conditions which govern your membership at Gymnasium so please make sure that you read them carefully and understand them. If you have any questions, please email our nominated email address, currently support@gymnasium.fit
1.2. Your contract is with Gymnasium Group Limited (trading as Gymnasium) and starts from the date you digitally sign these terms and conditions.
2. Types of Membership
2.1. We offer different types of memberships for individuals. All memberships are limited to 1 class attendance per day and no-shows (regardless of the reason) count as a class attendance for that day.
Monthly memberships with an attendance limit are set on a calendar month basis and applied pro-rata if you start mid-month. If any sessions or classes are unused in that calendar month they cannot be carried over to subsequent calendar months.
New memberships are granted at our discretion and are subject to availability and capacity.
Membership types:
We like to keep things simple so we only run three types of membership, the access you are permitted under these types of membership is set out during the purchasing process and also within the memberships section of your profile within our member management system/App.
INTRODUCTORY MEMBERSHIP
We offer two types of Introductory Membership whereby you either pay a fee upfront to cover set period of time or a multiple monthly commitment. This period of time is set out during purchase process and also within the memberships section of your profile within our member management system/App.
Introductory memberships are only available to those who have not previously been a member of Gymnasium and can only be purchased once. Introductory memberships are non-refundable unless otherwise stated in these terms and conditions. When your introductory membership period ends it will automatically renew onto a monthly membership at the full Monthly Membership price as set out during purchase process and within the memberships section of your profile within our member management software/App. We will notify you when your introductory membership is due to end. You are able to cancel the membership renewal as set out below under clause 7.1 of these terms and conditions.
MONTHLY MEMBERSHIP
Under a Monthly Membership you commit to being 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 7.1 of these terms and conditions. Monthly memberships with an attendance limit are on a calendar month basis and applied pro-rata if started mid-month.
CLASS PACKS
We also offer class packs whereby you pay a fee upfront for a package of classes. The expiry of the class packs is specific to the pack you have selected during the purchase process. Both the price and expiry are set out during purchase process and within the memberships section of your profile within our member management software/App. This fee is non-refundable unless otherwise stated in these terms and conditions.
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 section of your profile within our member management software/App.
3.2. During your membership you must pay the fees whether you use the gym or not (unless you have paused your membership, which is permitted in certain circumstances set out below).
3.3. When your membership ends and we have taken the final payment, you are responsible for cancelling the direct debit.
4. Payment Method
All monthly fees must be paid in advance on the 1st of every month. Certain payment methods may incur additional fees and we will let you know if your chosen payment method will incur such additional fees and what these will be.
5. Failure to pay
5.1. In the event of a failure to pay any monthly fee, 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 and you grant us permission to do so.
5.2. Whilst you owe us any payment, you will not be able to access or use our facilities including the gym. Once your payments are up to date your access will be reopened.
6. Pausing membership
6.1. You may pause your membership for between 1 and 12 calendar months for the following reasons only:
• Pregnancy; or
• Illness or injury; or
• Redundancy.
You may also pause your membership if you have accrued a loyalty pause through a continuous period of membership. Where you are entitled to a loyalty pause the details on the length of the pause and when it may be exercised will be set out annually via email.
6.2. We may require proof, which is satisfactory to us, of any of these reasons that you are relying on to pause your membership.
6.3. To pause your membership due to injury please first book an appointment with a coach to discuss which training adaptations may still be available to you. If you wish to continue with a pause then this needs to be requested in accordance with clause 6.4 of these terms and conditions. The minimum period you can pause your membership for injury or illness is 4 weeks up to a maximum of 6 weeks. We require a doctor’s certificate to show you are fit to return to the gym at the end of your pause. If you are unable to provide this the pause will be treated as a cancellation and your membership will end.
6.4. Any request to pause your membership must be made by email to our nominated email address, currently support@gymnasium.fit, if relevant attaching the doctor's certificate requested.
6.5. If we agree to pause your membership we will do so from the day of receiving the request to pause. We cannot pause it from an earlier date and will not refund monthly fees paid before the membership was paused.
6.6. We will resume your membership again, and start taking payment of your monthly fee, on the date your pause expires or, if earlier, on the date you notify us you want your membership to resume (subject to a doctor's certificate, if required under clause 6.3 of these terms and conditions).
6.7. We will not charge you membership fees while your membership is paused. If you have chosen a Class Pack, we will extend the deadline for use of the classes by the number of full calendar months your membership has been paused. If we increase our prices during the period when your membership is paused you will have to pay any new prices that apply to your membership type when your membership starts again.
6.8. If you pause a membership for over 6 weeks we move you onto a long-term pause. This releases your current membership and it may not be possible to hold the same membership for you beyond this period. You may need to return onto a different membership until a place is available for you. Any difference in fees would be credited to your account or payable for the alternative membership.
6.9. You will not be allowed to use our facilities, including the gym while your membership is paused. Pausing your membership is not the same as ending your membership.
7. Cancelling a MONTHLY MEMBERSHIP and Cooling Off Periods
7.1. All 'Monthly Memberships are billed on the 1st day of the month. You can cancel your 'Monthly Membership' by giving no less than 7 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 7 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.
7.2. To cancel your membership, please send an email to our nominated email address, currently support@gymnasium.fit. Notification of cancellation cannot be done via any other method (e.g. cannot be done by notifying a coach in person or over WhatsApp) as it will not count.
7.3. Cancelling due to a change in monthly fee or a change to these terms and conditions - If you are not happy with any change in the monthly membership fee or any changes to these terms and conditions that apply to you, you must tell us, via an email sent to our nominated email address, currently support@gymnasium.fit, that you are cancelling your membership because of the increased fee or change to these terms and conditions.
7.4 Unless you have signed up to your membership with us in person on site, when your membership first starts you have a 14 day cooling off period. This means you are entitled to cancel your membership with us for any reason within 14 days of the start of your membership (the "cooling off period"). If you choose to cancel within the cooling off period we will give you a refund of the unused membership fees you have paid. The cooling off period applies to the start of a continuous membership. It does not apply to membership changes or automatic renewals of the same membership. If there is a break in membership due to cancellation then the 14 day cooling off period would re-apply.
7.5 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 options for pausing your membership in clause 6 or contacting us via our nominated email address, currently support@gymnasium.fit. Memberships cannot be transferred.
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, abusive, derogatory or discriminatory language, or use violent, offensive or intimidating behaviour or conduct or if your behaviour or conduct puts, in our reasonable opinion, our other members, suppliers, coaches or employees at risk of death, illness, injury or other damage or loss; or
• 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, membership access level 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.
9.4. If you are not happy with any changes we make, you may cancel your membership in accordance with clauses 7.3 of these terms and conditions.
9.5. These terms and conditions replace any previous version.
10. No-show and late cancellation
Many of our classes have waiting lists so it is important to update your booking within the member management system/App if you cannot attend a class.
If you are unable to attend a class you must cancel your class booking at least 1 hour before the start time of the class. Cancellations within 1 hour of the start of a class or after 10pm if the class starts on or between 05:30 and 08:00 will incur a £5 charge.
Failure to attend a booked class (no-show) will incur a £10 charge. Such additional charges will be collected with the next monthly payment or invoiced separately (where no future monthly payments are due) and you will be notified at the time when a no-show or late cancellation is registered.
11. Events Beyond our Control
11.1. 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.
11.2. By law, we do not have to pay you compensation in these circumstances.
11.3. 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 or pandemic, strike or other labour disputes (whether or not they relate to our workforce), power cuts, delays affecting suppliers, and eviction from the premises operating the Gymnasium Group facilities.
12. Your contact details
We will send all club updates via email to the address you have given us on the Profile Page on our membership management software/App. You must keep the contact information on the Profile Page on our membership management software/App up to date with any changes to your address or other contact details.
13. Our Responsibility for Loss or Damage Suffered by you
13.1. 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.
13.2. 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.
13.3. 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.
13.4. You should consult your doctor before you start any new exercise program or class you attend.
13.5. 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.
13.6. 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.
14. Data protection
14.1. Gymnasium Group 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.
14.2. 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.
14.3. We may pass your personal information to a debit collection agency in the event you fail to pay your monthly fee.
14.4. We do pass your personal information to our third party suppliers this includes some of our coaches who are not employed by us and our marketing agency. Where we do so we will take steps to ensure your personal data is handled by such third parties in accordance with the law.
14.5. It is important that we hold the most up-to-date contact details for you so that we can contact you regarding your contract with us. You are responsible for keeping all your personal contact details and choices for how you want to receive marketing materials up to date.
14.6. Please read the full Data Protection Policy carefully to see how Gymnasium Group 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 "http://gymnasium.fit/privacy-policy/".
15. 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 our nominated email address, currently support@gymnasium.fit 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.
16. Choice of law and jurisdiction
These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.