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.
1. Gym rules
1.1 Members are responsible for their own state of health, physical condition and wellbeing at all times.
1.2 Members may only use the equipment and facilities provided by the Gym in the correct manner and must not use the equipment and facilities in any manner which constitutes a health and safety risk either to themselves or to others.
1.3 Members should not attempt to use any equipment or facilities until they have been instructed in the correct use of the same by a suitably qualified instructor.
1.4 If a Member has any medical condition or is taking any medication which may affect their ability to exercise or use any equipment or facilities provided by the Gym in any way, they must inform the Gym of the same and act in accordance with any instructions provided as a result.
1.5 Members should not use the Gym when under the influence of alcohol or illegal drugs.
1.6 Members should not use the Gym immediately following a heavy meal.
1.7 Members should dress appropriately when using the Gym. Dirty outside clothing should not be worn and should be stored in the storage areas provided.
1.8 Member’s animals are allowed in the Gym only with the consent of a member of staff. If a Member requires the use of a guide dog, the Member should inform the Gym of the same when applying for Membership.
1.9 No smoking is permitted inside the Gym or anywhere else on the Gym’s property (including outside areas).
1.10. Members perspiring excessively are advised to take the appropriate steps to prevent it affecting other members and wipe equipment after use.
2. Gym membership agreement services
2.1. The service being requested is for teaching and coaching designed to develop your fitness and understanding.
2.2. The agreement is for coaching services over a specific period of time during which you are eligible to partake in any and all activities in accordance with the membership package.
2.3. This can include an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.
2.4. Access to the gym and booking classes can be carried out using your personal login to the gym management software both on desktop and through the app.
3. Member’s right to cancel
3.1. A member may cancel their membership by giving at least 28 days’ written notice. If a member is within a commitment period, a membership will not be cancelled within the respective commitment period. Notice to cancel a membership should be done by emailing support@neoncrossfit.com
3.2. If a member gives 28 days’ written notice that they wish to cancel and they are not within a commitment period, or the end of the commitment period is within 28 days from the date of notice, then the cancellation will be effective from the 28 days from the date that notice is given. If a member is within a commitment period and the 28 days’ notice falls within the commitment period, then their membership will be cancelled once the commitment period ends.
3.3. All pre-existing payments due in the commitment period shall be paid in full.
3.4. For illustration purposes, if a member not in a commitment period gives notice of cancellation on the 1st April and their next payment is due on the 10th April, then their membership cancellation will take effect from the 29th April, and their next payment on the 10th will be prorated for 20 days.
3.5. CrossFit Neon & Whistler Fitness Ltd are not liable to refund any monies should the receipt of cancellation not be received in accordance with this clause.
3.6 Single session drop ins and Classes Packages may not be cancelled.
4. Pausing Memberships
4.1. A member may put their membership on pause for a minimum of 14 day but for no more than a total of 56 days within a 12 month period. The request to place a membership on pause must be made in writing to support@neoncrossfit.com and must be made a minimum of 14 days in advance of the intention to pause the membership unless due to injury, sickness or pregnancy. There can be no retrospective holds. A return date is always needed.
4.2. Pausing for reasons of illness, injury or pregnancy will be reviewed and considered in relation to the fee and notice period; valid medical documentation must be attached to the request for this to be considered.
4.3. The member can request to pause their membership for less than 14 days, however a fee of £1 per day will be applied to keep their membership active during the hold period. For example a request to pause a membership for 5 days would result in a £5 fee being applied.
5. Client’s default
5.1. 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, CrossFit Neon shall have all rights and remedies available, including termination of this agreement and institution of an action for all applicable damages.
5.2. If CrossFit Neon delays or refrains from exercising any rights under this agreement, CrossFit Neon does not waive, nor will CrossFit Neon lose those rights. If CrossFit Neon accepts late or partial payments from the buyer, CrossFit Neon does not waive the right to receive full and timely payments and other charges due under this agreement.
5.3. 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.
6. Enforceability
6.1. 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.
7. Legal fees
7.1. In the event either party finds it necessary to commence 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.
8. Membership fees
8.1. Membership fees shall be fixed by CrossFit Neon and may be altered at any time. Members will be notified (via email or notification in the CrossFit Neon app) of any changes in the fees prior to the date of the alteration.
8.2. On payment of membership fees, a member is entitled to use CrossFit Neon facilities with frequency of use relating to the membership type.
8.3. The first membership subscription shall be due and payable on the signing of this agreement. Subsequent membership subscription payments shall be due and payable on or around the same date each month depending on what day of the week the date falls on.
8.4. All membership applications, questionnaires and waivers must be completed via WODBoard prior to any physical activity starting.
8.5. CrossFit Neon reserves the right to reject an application for membership, or refuse admission, without giving any reason.
8.6. Membership fees are payable according to the membership type selected.
8.7. Membership upgrades can take place immediately. Membership downgrades require 28 days’ notice as per section 3.1.
9. Direct Debit and Recurring Card Payments
9.1. Monthly Direct Debits and Recurring Card Payments are a full binding contract between CrossFit Neon and the member and will automatically continue until CrossFit Neon is notified otherwise.
10. Use of the Facilities
10.1. A member is entitled to use CrossFit Neon’s facilities providing always that CrossFit Neon may at any time withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration, maintenance or security work, other work or for reasons beyond the control of CrossFit Neon.
11. Lost property
11.1. All lost property found on the premises should be handed into CrossFit Neon’s front desk or to a member of staff. Items will be stored for at least one month before possibly being donated to local charities.
11.2. The Member agrees that CrossFit Neon is not responsible for any loss or theft of personal property.
12. Suspension of membership
12.1. Suspension for medical reasons will require support in writing from your doctor and will only apply from the date of receipt of the letter. A letter from your doctor will be required on your return to fitness.
12.2. Suspension during a minimum commitment period will result in the initial commitment period being extended for the length of the suspension.
12.3. CrossFit Neon reserves the right to refuse admission and/or to expel or suspend any member forthwith if any member shall, in the opinion of the owners, cause nuisance or annoyance to the other gym members or guests; and for any breach of CrossFit Neon’s rules or misuse of gym facilities, or for any other reason which CrossFit Neon may deem appropriate.
12.4. All suspensions are at the discretion of the management.
13. General
13.1. Members must at all times observe the membership rules and Gym Rules, and comply with any reasonable directions which the director/manager/coach/trainer may give to ensure the smooth operation of CrossFit Neon, the facilities and the convenience of members.
13.2. Any dispute or difference which may arise with regard to the interpretation of these rules shall be determined by the director, whose decision shall be final.
13.3. CrossFit Neon reserves the right to amend these rules and all tariff charges at any time and without notice to the individual members although notification of the change will be displayed on CrossFit Neon by notices posted on notice boards and through email/newsletters. If any provision in these rules is declared illegal or otherwise unenforceable, the remaining provisions shall remain in full force and effect.
13.4 CrossFit Neon will from time to time take pictures and videos of the classes for marketing and advertising purposes. Clients agree to allow CrossFit Neon, its agents, officers, principals, employees and volunteers to use the picture/video for said purpose. In the event a client chooses not to allow the use of the same for said purpose, the client must inform CrossFit Neon of this in writing.
14. Class / Booking Cancellations and Fines
14.1. Members must cancel from class at least 2 hours before the class starts; or if the class starts at 8am or earlier then the class needs to be cancelled before 10pm the night before. Failure to do so will constitute a ‘Late Cancellation’ and the class credit will be forfeited.
14.2. Failure to attend a class for which you are booked will result in a ‘No Show’ and the class credit will be forfeited.
14.3 If a mistake has been made then a member should email support@neoncrossfit.com
15. Governing Law and Jurisdiction of the Courts
15.1. This agreement shall be governed by and construed with UK Law and the parties agree to submit any disputes to the exclusive jurisdiction of the Courts of the United Kingdom.
