GYM 1971 LTD TERMS AND CONDITIONS

1. GENERAL TERMS

In these Terms & Conditions and the Gym Rules, “Gym 1971 or CrossFit 1971” means Gym 1971 Ltd and/or CrossFit 1971; “Member” means the member named on the Application Form; “the Gym” means the CrossFit 1971 gym at which the Member applied for membership. “Contract” means the contract between CrossFit 1971 and the Member subject to the Terms & Conditions and Gym Rules; “Gym Rules” means the terms set out in the CrossFit 1971 Gym Rules.

2. MEMBERSHIP APPLICATION

Membership is subject to the Terms & Conditions of this Contract as amended from time to time. Submission of an Application Form is an offer to Gym 1971 to become a Member of the Gym subject to these Terms & Conditions. Gym 1971 reserves the right to reject any application for Membership. Membership is available to individuals of 18 years of age and over, subject to status; individuals of 16-17 years of age may join with written parental / guardian consent.

3. MEMBERSHIP TYPES

a) Monthly Memberships for these package types, initial payment is pro-rata then the full membership payment is collected on the 1st of each month. Minimum contract terms apply, beyond the initial membership commitment Memberships will revert to the monthly membership option after the minimum term has been served. See Point 6 on how to cancel a Monthly Membership.

“Month to Month”– minimum term of one full calendar month from selected start date.
“6 Month Contract” – minimum term of six full calendar months from selected start date.
“12 Month Contract” – minimum term of twelve full calendar months from selected start date.

Student discounted Memberships are only available to Members aged 25 and under, and upon production of valid and current student identification.

CrossFit 1971 reserves the right to introduce, withdraw and vary categories of Membership.

5. MEMBERSHIP FEES

Membership is payable in advance, either annually or monthly as per the Membership type selected. Monthly fees will be debited on or around the 1st of each month. In the event that the Member falls into arrears in respect of any fees payable, all arrears must be settled before the Member can use the Gym.

Monthly Membership fees may be increased at the discretion of and at any time by Gym 1971, subject to one calendar month’s written notice.

Any discounted Membership options are offered on the basis that the Member can provide proof of eligibility; Members should be aware that the full fee for their Membership type may be applied until such proof is provided.

If any payment under this Contract remains outstanding beyond the due date, the Member’s signing up to the relevant Contract constitutes the Member’s unconditional and irrevocable authority to debit the nominated card for the total amount due without notice to the Member.

Gym 1971 reserves the right to levy an administration fee of 20% of the outstanding debt if required. This fee is to cover the cost of the 3rd party collection agency. Any lapses in Membership, including but not limited to non-payment of fees or failure to renew a Membership, may result in the Joining Fee being charged should the Member re apply for Membership.

Gym 1971 reserves the right to levy an administration fee of £10 per week that your membership fees are outstanding.

6. CANCELLING YOUR MEMBERSHIP

Members on a Monthly Membership contract may cancel their Membership after serving the minimum term, by giving 30 days in advance notice, effective from the 1st of the following month. This should be done by emailing southwimbledon@gym1971.com and clearly notifying them of notice to cancel.

Where the payment method is Direct Debit, the Member must advise their bank to cancel the Direct Debit instruction 7 days after the final payment has been made. Gym 1971 is not obliged to refund any fees where the Member has not cancelled the instruction and cannot provide proof of a valid cancellation request. All fees must be paid to date at the time of cancellation.

Should a Member be bound to a Contract, and is unable to use the gym for the remainder of the term, the Member may apply to transfer the Contract to another person. The Member is responsible for finding someone to sign into the Contract, who is not already a Member of Gym 1971. A Transfer Fee will apply as per the Gym’s current price schedule. Both the existing Member and the new Member must attend the Gym to complete the transfer application, which will not be deemed complete until a Membership has been completed by the new Member.

Should a Member be bound to a Contract, and is unable to use the Gym for the remainder of the term, the Member may apply to “buy-out” the Contract at a reduced rate. A buy-out will only be considered if a Member has a minimum of 3 full months remaining, and will only apply to future months (i.e. would not apply to any current debt, which must be paid in full). The buy-out will be calculated as 50% of the remaining future fees on the Contract, to be paid in a lump sum in advance to Gym 1971. Upon receipt of this payment, the Contract would be terminated at the end of the current month.

Gym 1971 will make every effort to help in exceptional circumstances such as redundancy. Please contact your Head Coach for more information.

7. PLACING YOUR MEMBERSHIP ON HOLD

Any Member may apply for their Membership to be placed on hold, subject to 30 days written notice effective from the 1st of the following month. The minimum hold period is one full calendar month, with a maximum of three full consecutive calendar months. These periods the Membership is held will not count towards a Member’s contractual term, and will extend any applicable minimum term by the number of hold months taken. Membership may not be on hold during the notice period of cancellation.

Members on a Monthly contract type will have their hold fee/s taken via Direct Debit and only one membership hold per annum will be granted.

Holding a Membership for reasons of illness, injury or pregnancy will be reviewed and leniency may be applied in relation to the fee and notice period; appropriate medical documentation must be attached to the request for this to be considered.

8. GYM FACILITIES

Full details of normal opening hours, together with a schedule of charges and fees, are available upon request at Gym 1971. Gym 1971 reserves the right to vary normal opening hours, or to temporarily close certain areas of the Gym from time to time without notice for the purpose of cleaning, decorating, repairs, or for special functions and holidays.

9. TERMINATION OF MEMBERSHIP BY GYM 1971

Gym 1971 may terminate a Membership without notice and with immediate effect if:
a) the Member breaks these Terms & Conditions or the GYM Rules, either repeatedly or one serious breach;
b) any fees remain unpaid after repeated requests for payment by Gym 1971;
c) Gym 1971 is of the opinion that the Member is not suitable for continued Membership;
d) the Member puts the health, safety or well-being of staff or Members at risk. All decisions made by Gym 1971 under this clause are final and binding. The Member is then prohibited from Membership at Gym 1971.

10. YOUR PERSONAL INFORMATION

Members are responsible for advising Gym 1971 of changes to their personal information. Where Gym 1971 is required to provide any written notification. Gym 1971 takes the responsibility for looking after Members’ personal information very seriously.

11. LIMITATION OF LIABILITY

Gym 1971 will not be held liable for any loss, damage or theft of property belonging to or brought onto the premises by a Member or Guest.

Gym 1971 will not be held liable for any death, personal injury or illness occurring on the premises or as a result of use of Gym 1971 facilities, unless such event is due to Gym 1971 being negligent.

12. CHANGES TO GYM 1971 TERMS & CONDITIONS

Gym 1971 may amend these Terms & Conditions, and will advertise when changes are made in the Gym and can be viewed on your WODIFY account. Any changes will be effective immediately.

14. THE TERMS OF YOUR CONTRACT

Via completing and signing up to a Contract via a WODBOARD Account, the Terms & Conditions, and the The Gym Rules make up the binding Contract of Membership with Gym 1971. Members are advised to read the Terms & Conditions and Gym Rules in full before signing up to the associated membership.

The failure of Gym 1971 to enforce any of their rights at any time for any period shall not be construed as a waiver of these rights. Any failure to identify or act upon a breach of the Terms & Conditions or Gym Rules shall not be deemed to be an affirmation by Gym 1971 that the behavior of the Member or Guest is acceptable.

Except where permitted by this Contract, neither Gym 1971 nor the Member may alter the terms of this Contract without the express agreement of the other.

1. Introduction

This Privacy Notice explains in detail the types of personal data we may collect about you when you interact with us. It also explains how we’ll store and handle that data and keep it safe.

This Privacy Policy applies to GYM 1971 LTD. We take our obligations in respect of the privacy of personal information very seriously and we will only process personal information as detailed in this policy unless we inform you otherwise.

We hope the following sections will answer any questions you have but if not, please do get in touch with us.

2. Explaining the legal bases we rely on.

The law on data protection sets out a number of different reasons for which a company may collect and process your personal data, including:

Consent

In specific situations, we can collect and process your data with your consent, for example when you register for e-mail newsletters via our website, www.gym1971.com

Contractual obligations

In certain circumstances, we need your personal data to comply with our contractual obligations to provide Capital Allowances advice.

Legal compliance

If the law requires us to, we may need to collect and process your data.

Legitimate interest

We may require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business, such as to educate and inform you of legislation briefings, updates and changes which may influence your own business undertakings. These legitimate interests will not and do not materially impact your rights, freedom or interests.

3. When do we collect your personal data? (this list is not exhaustive)

When you visit our website and register for newsletters, seminar updates or other information
When you enter into a contract with us
When you enter into correspondence with us specific to membership related matters, by e-mail, phone or post
When you engage with us on social media
When you attend industry events
When you attend events that Gym 1971 host or are involved in
When you are included within industry marketing directories and databases and / or publish your contact information on public websites / portals.

4. What sort of personal data do we collect?

Name
Address
Email and phone details
Title

5. How do we use your personal data?

The processing of your personal information may include:

Collecting and storing your personal data in electronic file
Notifying you of upcoming events
Retaining a record of our correspondence
Collating market or sector specific information
To send you communications required by law or which are necessary to inform you about our changes to the services we provide you. For example, updates to this Privacy Notice.
The data privacy law allows us to contact you as part of our legitimate interest in understanding our clients and contacts to provide the highest levels of service.
Remember, if you choose not to share your personal data with us, or refuse certain contact permissions, we might not be able to provide some services you’ve asked for.

Of course, you are free to opt out of receiving these requests from us at any time by updating your preferences to us directly at stratford@crossfit1971.com or unsubscribing on the links provided on our newsletters.

6. Why and how we process your personal data:

Compliance with legal obligations (regulatory and statutory obligations):
We must comply with regulatory authorities such as HMRC .

In providing our services, we will carry out some processing of personal data which is necessary for the purpose of our legitimate interests, which include:

Collecting and storing your personal data in electronic file
Notifying you of upcoming events
Retaining a record of our correspondence
To send you communications required by law or which are necessary to inform you about our changes to the services we provide you. For example, updates to this Privacy Notice.
Addressing any query or dispute that may arise
Protecting our reputation
Maintaining IT security systems for the purpose of being able to restore the system to a particular point in the event of a system failure or security breach
Determining staff training and system requirements
For our commercial viability and to pursue these legitimate interests, we may continue to process your personal information for as long as we consider reasonably appropriate for these purposes.

Consent
We may process your personal data on the basis that you have consented to us doing so for a specific purpose, for example, if you have provided your contact details in order that we may use these to provide you with details of our services you may have consented to our processing of the data for that purpose.

You may withdraw your consent to our processing of your personal data for a particular purpose at any stage. However, please note that we may continue to retain, or otherwise use your personal information thereafter where we have a legitimate interest or a legal or contractual obligation to do so. Our processing in that respect will be limited to what is necessary in furtherance of those interests or obligations. Withdrawal of consent will not have any effect on the lawfulness of any processing based on consent before its withdrawal.

7. Sensitive Personal Data (SPD).

Sensitive personal data is information which is intensely personal to you and is irrelevant to our dealings with you in respect of our services; we do not hold sensitive personal data. Examples of SPD include information which reveals your political, religious or philosophical beliefs, sexual orientation, race or ethnic origin, or information relating to your health.

Regardless of the basis for your dealings with us, we request that you do not provide us with any sensitive personal data unless absolutely necessary. However, to the extent that you do provide us with any sensitive personal data, such as data which you choose to share with us in conversation, we shall only use that personal data for the purposes of our relationship with you or for the provision of our services.

8. How we protect your personal data.

We know how much data security matters to all our clients. With this in mind we will treat your data with the utmost care and take all appropriate steps to protect it.

Access to your personal data is password-protected

9. How long will we keep your personal data?

Whenever we collect or process your personal data, we’ll only keep it for as long as is necessary for the purpose for which it was collected.

At the end of that retention period, your data will be deleted.

10. Any questions?

We hope this Privacy Notice has been helpful in setting out the way we handle your personal data and your rights to control it.

Email us on southwimbledon@crossfit1971.com

Tel: 020 3916 0207

Owners, volunteers, Directors, interns, employees, coaches, instructors, Agents, officials, independent contractors, representatives, successors and assigns are hereinafter referred to as “Gym 1971”

I, the above signed, hereby request the opportunity to participate in physical training at Gym 1971. I understand the aim of training at Gym 1971 is to develop capacity across the ten general physical skills of cardio-respiratory endurance, stamina, strength, flexibility, speed, power, co-ordination, accuracy, agility and balance. I agree that involvement in CrossFit 1971 training sessions is entirely voluntary on my part and for my own pleasure and benefit.

I understand CrossFit is a high intensity training programme and participation is such a training involves risk. By agreeing to these terms I hereby agree and warrant that my health is in adequate order to allow me to exercise using the CrossFit training methodologies and that it is my sole responsibility to undertake any necessary health or medical checks. I understand that not all sessions will take place inside the gym facility at Gym 1971 and some sessions may include use of the surrounding area and local parkland. I hereby assume responsibility for the aforementioned risk and for my own actions whilst training with Gym 1971.

It is possible that certain undesirable health changes may occur during my activity at Gym 1971 these include but are not limited to, dizziness, fainting, abnormal heart rhythms, vomiting, abnormal blood pressure and in very rare instances heart attacks. I understand these risks and assume liability for these issues should they arise.

Health changes include pregnancy. Should I become pregnant I must immediately inform my coach and understand that I must scale back my training, particularly throughout the first trimester.

I agree to allow Gym 1971, its agents, officers, principals, employees and volunteers the picture(s), film and/or likeness of me for advertising purposes. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform Gym 1971 of this in writing.

I hereby release and hold harmless Gym 1971 from any liability for damages, claims or demands which are related to or may arise from my participation in training as described above, except that nothing in this release shall exclude Gym 1971 from any liability which may arise from any negligence act or omission of Gym 1971.