1. DEFINITIONS
Company Address: 78 Alie street, London, E1 8PZ
Company Phone Number: 07813774639
Company Email Address: contact@movementlabs.co.uk
Contract: Your membership agreement with us as set out in these Terms.
Membership Fees: Charges payable for your category of membership
Initial Term: The minimum duration of the Contract, which is 12 months from the agreed start date of your membership
Services: Either entitlement for usage of our facilities. which will include a programme of classes/sessions which we may vary at our discretion and without notice (All classes/sessions will be presented in a timetable and posted on our website) or nutritional coaching
We/Us/Our: City CrossFit Limited.
Trading as: CrossFit Aldgate
Customer: You
Working Days: Monday – Sunday (inclusive).
2. APPLICATION OF TERMS
2.1 These Terms are the only terms relating to your membership of City CrossFit. No other terms shall apply other than those which are implied as a matter of law in order to preserve your statutory rights.
2.2 City CrossFit reserves the right to change minor points on the Terms. These will be notified to you on our website and will not affect your statutory rights.
3. DURATION AND COMMENCEMENT
3.1 Your Contract with us shall commence on the date of signing this agreement and shall continue in force for the Initial Term after which it shall automatically continue, until terminated in accordance with clauses 9 and 10.
4. OUR OBLIGATIONS AND YOUR RESPONSIBILITIES FOR YOUR HEALTH
4.1 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. If we are obliged to close any of our facilities we will use reasonable endeavours to provide our Services at our remaining facility or facilities.
4.2 Time shall not be of the essence for our performance of the Services under the Contract.
4.3 Fitness training requires physical exertion which may be strenuous and could cause physical injury. We cannot be responsible for any harm you may suffer as a result of attending our gym or participating in any activities on our premises if you have or develop any medical, physical or other condition which means you should not attend or participate as mentioned.
IT IS YOUR SOLE RESPONSIBILITY to ensure you are fully aware of the risks and hazards involved in attending or participating as mentioned. We are entitled to rely on your representation that you are able to receive and participate in any course of instruction we offer.
YOU ARE STRONGLY ADVISED to consult with a physician prior to and regarding any participation in the Classes to satisfy yourself that you have no medical, physical or other condition which would affect your full participation in the programme.
5. GYM ETIQUETTE AND CONDUCT
5.1 You agree to be bound by and observe the Gym Etiquette within your club and acknowledge that we may amend this at any time and at our discretion.
5.2 You will not under any circumstances damage the facilities or equipment and will pay for any damage to our property. You will not under any circumstances verbally or physically abuse any of our staff or any other members of our clubs. We reserve the right to exclude from our premises any person behaving in any of these antisocial manners.
6. REFURBISHMENT AND REPAIR
6.1 You acknowledge that it may be necessary for us to close parts of or whole clubs 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. We will always try to give as much notice as we can of any such works and keep inconvenience to a minimum.
7. MEMBERSHIP FEES AND ADDITIONAL PURCHASES (Not applicable to foundations course payments or other one off payments)
7.1 Our fees and charges may be subject to VAT at the prevailing rate. If the VAT rate is amended at any time during your membership including the Initial Term we reserve the right to amend our rates in accordance to the new VAT rate.
7.1.1 We may decide to increase our Membership Fees, but your fees will not increase until your next payment is due depending on whether you pay monthly, quarterly or annually.
7.2 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) Refuse you entry to our clubs and suspend all Services to you until payment has been made in full.
(ii) Raise a late payment charge of £50 if the debt remains unpaid after 14 days.
Should your Membership Fees not be paid due to insufficient monies in your account we will retake that direct debit within 21 Working Days of the first rejection
7.3 You may at times purchase items and services within the club
7.4 You can upgrade your membership at any point to a higher membership category by paying the difference in fees for your payment term. Downgrades in membership are permitted at the end of your initial term.
7.5 Memberships will be automatically renewed unless termination procedures in para 10 below have been followed.
7.6 Lockers will be available to hire at a cost which will be advised to you on request. Any lockers that are not hired may be emptied every night and any contents found within will be stored for a period of 30 days (excluding any wet or soiled items which may be disposed of immediately) and will be deemed as lost property. After the 30 days the property will be disposed of if not claimed.
7.7 You may pause your membership for a total of 28 days in each full calendar year, which will be pro-rated in your first year of joining and will extend your initial term by the amount of days held, by providing at least 1 weeks written notice to us.
Please note: this is a subscription service, not a pay as you go service. Although your membership fee is tied to your session allowance, we will not be able to roll these forward, or refund you, for any sessions within your allowance that you do not use.
8. LIMITATION OF LIABILITY
8.1 These Terms set out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants, and subcontractors) to you in respect of
(i) any breach of the Terms
(ii) any use made of the Services
(iii any representation statement or tortious act or omission (including negligence) arising under or in connection with the Terms or your membership.
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 Terms.
8.3 We shall not be liable for any services offered by any third parties in our premises including Personal Trainers not employed by us.
8.4 Nothing in these Terms limits or excludes our liability:
(i) for death or personal injury resulting from our negligence.
(ii) for any damage or liability you incur as a result of fraud or fraudulent misrepresentation by us.
(iii) for any other liability which cannot be restricted by law.
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 you may incur as a result of your membership or by entering in to these Terms.
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 Terms, 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 giving rise to the claim.
8.7 Members are solely responsible for any personal property they bring to training sessions. We will not be liable for any loss, damage or theft of any property brought onto any of our premises.
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 if:
(i) 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 seven days after you being notified to make such payment
(ii) You commit a material breach of the Contract, Gym Etiquette and Conduct i.e. abusive or threatening behaviour or vandalism as set out in paragraph 5.
10. TERMINATION BY YOU
10.1 You may terminate your membership by giving at least one months written notice, which cannot end before the end of your Initial Term. Your notice shall only take effect on the first day following our receipt of your written notice
10.2 If you wish to terminate your Contract you must give us notice in writing or email. We will not accept liability for mail lost in transit and therefore suggest a proof of receipt is obtained at time of posting.
10.3 On application to terminate your Contract (however arising), paragraphs 2, 7, 8, 9 and 12 of these Terms shall survive and continue in full force and effect.
10.4 We are entitled to retain any Membership Fees where you have not followed the correct termination process.
11. DATA PROTECTION
11.1 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 us on the Company Number.
11.2 We will endeavour to use whatever method of communication deemed appropriate to notify you of club information in order to best serve your experience and assume that the information provided is correct and an acceptable method to provide you with this information.
11.3. CrossFit Aldgate may photograph or film you while attending their premises and use any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including,but not limited to, the internet. By entering in to these Terms you give your consent to this use unless you notify us in writing that you do not give such consent.
12. GENERAL
12.1 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.
12.2 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.
12.3 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.
12.4 Any notice or other communication to be given under the Contract must be delivered to the address(es) set out on your Application Form or any such addresses as may be notified by a party to the other, in writing, from time to time, with the exception of any communications relating to termination which you must direct to our membership Services team at the Company Address or Company Email Address.
12.5 This 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.
