Pack Performance – Rules of Membership (Incl. PAYG Clients)

1. Your Times of Use:
All members, session credit holders, & pay-as-you-go clients:

Mandatory booking is required for all gym sessions or personal training sessions.

Open Days:
Monday – Sunday: Pre-determined sessions or personal training sessions as stated on the Pack Performance website/booking app.

Closed Days:
Public & Bank Holidays in Scotland ([https://www.mygov.scot/scotland-bank-holidays](https://www.mygov.scot/scotland-bank-holidays)) unless stated otherwise.

The gym may close for up to 4 weeks annually but never more than 2 weeks continuously if staff coverage for annual leave cannot be arranged. These closures have been calculated within the membership fees.

These times are subject to variation for operational reasons.

2. Use of the Facilities:
- Access is dependent on maintaining payments of your monthly direct debit. If any payment is not received on the due date, your membership will (except in exceptional circumstances and at our sole discretion) be automatically suspended until payments are up to date.
- You will be provided with a personal, non-transferable membership that must be shown at the start of each session. Unauthorised use of your membership may result in suspension or cancellation.
- Property stored in lockers is at your own risk. Pack Performance cannot accept liability for any loss or damage to items stored.
- On joining, members are offered an induction. We strongly recommend attending. If unsure how to use any equipment, please ask a team member.
- Notify us of any injuries or medical conditions that may impact your training.
- Suitable gym clothing and clean shoes must be worn at all times.
- Treat equipment with respect. Do not drop weights, and replace them after use.
- You must not use the gym or participate in sessions under the influence of alcohol, drugs, or medication that may affect your safety.

3. Bookable Activities:
- Bookings are only accepted if membership fees are up to date.
- Bookings can be made up to 1 hour in advance.
- Cancellation of a booking must be made at least 4 hours before the scheduled time; late cancellations or no-shows may result in a charge.
- Injured, ill, or beginner participants should consult the instructor before the session.
- Entrance to a session may be denied if you arrive after the warm-up is complete.
- Sessions and instructors are subject to change.
- Persistent failure to attend booked sessions may result in restrictions on future bookings.

4. General:
- Members must keep personal details up to date via the members' area in the booking system.
- Familiarise yourself with signs, notices, and emergency exits.
- Failure to adhere to these rules may result in membership termination.

Principal Terms:
- This agreement commences upon your acceptance in the Declaration section of this sign-up process.
- You have 7 full days after signup to cancel. To exercise this right, inform Pack Performance via email at **thedogs@packperformance.co.uk**. If services have been used before cancellation, your refund will be reduced pro-rata.
- Your membership starts immediately and entitles you to the rights and privileges of the chosen membership type.

Fees and Charges:
- The Payment Amount is due as stated, with the first payment made on the initial payment date and recurring monthly thereafter unless paid in full upfront for yearly memberships.
- Installment Payments for yearly memberships include an additional finance charge, which represents a charge for credit and is exempt from VAT under UK VAT legislation.
- All membership fees are inclusive of applicable taxes.
- Pack Performance reserves the right to adjust membership fees and other charges at any time due to operational costs, inflation, or business needs. Members will be given at least 30 days’ notice before any price increase takes effect. If a member does not agree to the revised pricing, they may cancel their membership in line with our cancellation policy before the new fees take effect. Continued use of gym services after the notice period constitutes acceptance of the new pricing.
- If any payment remains overdue for more than 30 days, the debt may be passed to a third-party collection agency, and reasonable costs incurred will be charged to you.

Cancellation:
You can cancel any Pack Performance product with 30 days notice. Cancellation requests must be made via email at **thedogs@packperformance.co.uk**.

Freezing:
Memberships may be temporarily frozen for personal circumstances. Contact Pack Performance for details.

Pricing and Taxation:
- Pack Performance offers both monthly and yearly membership options. Yearly memberships may be paid in full at the start of the term.
- All membership fees and service charges include applicable taxes as required by law.
- Should there be changes to tax rates or regulations affecting pricing, fees may be adjusted. Members will be notified at least 30 days in advance.

General Terms:
- Members agree to comply with these Rules of Membership. Changes to these Rules may be made with reasonable advance notice.
- Failure to enforce any term does not constitute a waiver.
- The benefit of this agreement may be assigned to a third party, with notice, without prejudice to your rights.
- Disputes are subject to UK law and must be resolved in UK courts.
- Breach of the Code of Conduct (e.g., theft or criminal activity) may result in immediate termination of this agreement.

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

DECLARATIONS:
This Agreement is entered into between Pack Performance Ltd ("Pack Performance") and the undersigned (“Client”). The provision of coaching, personal training, and related services by Pack Performance to the Client, and the Client’s use of any premises, facilities, or equipment, are contingent upon the acceptance of this Agreement.

ASSUMPTION OF RISK:
You acknowledge and agree that participation in any physical activity or exercise, including personal training, coaching, or use of facilities provided by Pack Performance, is undertaken entirely at your own risk. This includes all risks associated with:
- Use of any premises, facilities, or equipment (whether provided by Pack Performance or otherwise).
- Participation in activities, sessions, programs, or events such as weightlifting, running, aerobic activities, yoga, or any other exercise or recreational activity.
- Incidental use of areas such as parking lots, stairways, changing rooms, or other general premises.

You assume all risks of injury, illness, damage, or loss, including theft or damage to personal property, whether arising from the negligence of Pack Performance, its employees, agents, or otherwise. This includes injuries arising from:
- Equipment malfunction or misuse.
- Improper maintenance of equipment or facilities.
- Negligent supervision or instruction, including during personal training.
- Slips, trips, or falls on premises or during travel to and from sessions.

RELEASE OF LIABILITY:
In consideration of your participation in activities provided by Pack Performance, you agree to release, waive, and discharge Pack Performance, its affiliates, employees, agents, and successors from any and all claims, demands, or causes of action, known or unknown, arising from negligence or any other reason. This includes, but is not limited to:
1. Use of faulty or improperly maintained equipment or facilities.
2. Negligent supervision, training, or advice.
3. Injuries sustained while traveling to or from the premises.

This release does not waive or exclude liability for gross negligence, fraudulent acts, or intentional misconduct as prohibited by UK law.

INDEMNIFICATION:
You agree to indemnify and hold harmless Pack Performance from any loss, liability, damage, or cost arising from your participation in activities or use of facilities provided by Pack Performance. This includes legal costs incurred in defending against claims brought by you or on your behalf.

ACKNOWLEDGMENTS:
You expressly agree that this Agreement is intended to be as broad and inclusive as permitted by UK law. If any portion of this Agreement is deemed invalid, the remaining provisions shall remain enforceable.

You acknowledge and agree that:
1. Pack Performance offers fitness-related services and does not manufacture or sell fitness equipment. Any use of equipment is incidental to the services provided.
2. You are voluntarily waiving the right to bring legal action against Pack Performance for negligence or injury, except as restricted by UK law.
3. No oral representations or promises outside this written Agreement have been made.

DISCLAIMER AND WAIVER OF LIABILITY – NOT MEDICAL ADVICE
The information provided by Pack Performance is for informational purposes only and does not constitute medical advice. Pack Performance is not qualified to diagnose, treat, cure, or prevent any medical condition or disease.

- All individuals are strongly advised to seek professional medical advice before beginning any exercise, weight loss, or nutrition program.
- Participation is at your own risk, and Pack Performance accepts no responsibility for injury, illness, or damages resulting from the use of its services or recommendations.