Introduction

This is an Agreement between you (the Member), and Isca Fitness Ltd (Trading as CrossFit Isca), a company registered in England And Wales (registration number 14341158),

By completing the joining process at our website or on the app and becoming a Member of CrossFit Isca, you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.

Definitions

• Gym Membership Rules: the rules governing your conduct as set out on this document below.

• Joining Fee: the amount notified to you as part of the website joining process as a one-off fee payable for membership.

• Member Area: the online portal for Gym members

• Membership: your contractual relationship with us, which can be on various different terms such as:

• Unlimited Classes and 24/7 Open Gym Membership: A membership allowing you to participate in unlimited daily workout classes and access to use the open gym 24/7. (Subject to availability)

• 3 Classes per week and 24/7 Open Gym Membership: A membership allowing you to participate in 13 daily workout classes per month and access to use the open gym 24/7. (Subject to availability)

•2 Classes per week and 24/7 Open Gym Membership: A membership allowing you to participate in 8 daily workout classes per month and access to use the open gym 24/7. (Subject to availability)

•24/7 Open Gym Membership: A membership allowing you to participate in 0 daily workout classes and access to use the open gym 24/7. (Subject to availability)

• Monthly Membership Amount: the amount you agree to pay each month for your Membership. Only applies to certain types of Membership.

• Membership Amount: the amount you agree to pay upfront for your fixed term Membership. Only applies to certain types of membership.

• Personal Training Sessions: sessions booked by you directly with an independent self-employed trainer which do not form part of this agreement and are not provided by CrossFit Isca and are subject to a separate agreement between you and the individual.

Starting your Membership

1. By completing the online joining process and becoming a Member of CrossFit Isca, you are accepting all the terms and conditions in this Membership Agreement (insofar as they are applicable). You should only join if you have read them and accept them.

2. This Membership Agreement starts once you have accepted the terms during the online joining process. By accepting the terms, you are agreeing to pay any applicable Joining Fee, Administration Fee, Membership Amount and Monthly Membership Amount., subject in each case to any Promotional Rate that may be payable for a limited period only. These are shown at the start of the joining process and again before you confirm your payment instruction.

3. This Membership Agreement starts once you have accepted the terms during the online joining process. By accepting the terms, you are agreeing to pay any applicable Joining Fee, Administration Fee, Membership Amount and Monthly Membership Amount. These are shown at the start of the joining process and again before you confirm your payment instruction.

4. You may choose during the online joining process to start your Membership either immediately or one month from the date that you accept the terms. We may inform you during the online joining process that a waiting list is in operation in which case your Membership starts when we inform you by email.

5. You agree to comply with CrossFit Isca Membership Rules and you agree to use CrossFit Isca’s facilities and equipment in the proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury you suffer through the incorrect use of our equipment or facilities.

6. You confirm that you are at least 16 years old.

7. You will be liable for any damage caused to our equipment or facilities through your negligent use.

8. You agree to tell us immediately of any changes to your personal details, including contact information; this should be done in the online Member Area.

Member health agreement declaration

You warrant, declare and acknowledge that:

1. The information given by you in entering this agreement is correct and will be relied upon by us.

2. Our staff, agents and subcontractors are not medically trained, and should you have any concerns with your health and fitness you should seek independent medical advice before engaging in any physical activity on our premises.

3. To the best of your knowledge and belief, you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well-being or physical condition. Further, that you will advise us immediately should your health or vulnerability to injury change.

You are primarily responsible for your health and wellbeing, but we at CrossFit Isca are concerned that you enjoy our facilities safely. To that end we consider that we should expect the following of each other.

From us:

• Whilst we will respect your decision over your training regime, we reserve the right to ask you not to exercise beyond what we reasonably believe to be your personal ability.

• We shall endeavour to maintain a safe environment for you to enjoy your exercise.

• We shall endeavour to ensure that our fitness trainers and staff are qualified to fitness industry standards.

• We shall always keep confidential any information that you give us regarding your health.

If you are a wheelchair or disabled user, we require you to have an induction to ensure your safe use of our facilities and equipment.

Using CrossFit Isca

1. You are entitled to access and to use CrossFit Isca as defined by your Membership until termination or suspension of that Membership pursuant to this Agreement.

Changing your Membership

1. Some Membership types can be changed. Fees may apply. Details can be found online in the Member Area.

2. If you make regular Monthly Membership Amount payments you may Freeze your Membership at any time but will not be refunded any fees you have already paid.

3. If you have a discounted Membership and you change to a new Membership product, you will waive the right to the discount (or any Promotional Rate) on the original Membership and pay the standard price on the new Membership.

4. If you have a discounted Membership and your Membership is terminated, you will waive the right to the discount and pay the advertised Membership Amount or Monthly Membership Amount if you later choose to re-join CrossFit Isca.

5. We may, with reasonable notice and at our discretion, close our premises for reasonable periods of time to carry out maintenance, repairs, refurbishment, cleaning or for other reasons outside of our control, including at least 2 days a year for necessary maintenance or other work. We will endeavour to reopen facilities as soon as is reasonably possible in these circumstances. You agree that you will not be eligible for any refund for the temporary interruption in services during the period.

Managing your permissions and data

1. There are certain email and SMS communications which it is necessary for us to send to all members, in connection with their Membership. In order to do so we will process your personal data for the purposes of performing our contractual obligations to you under the terms of your Membership. You cannot opt out of these communications. You may opt out of email and SMS communications that we may otherwise send for promotional or marketing purposes, but if you do we cannot be held responsible for any loss incurred by you not receiving gym-related communications. All processing of your personal data will be in accordance with our Privacy, CCTV & Cookie policy

2. For the safety and security of you, our other members and our staff, and for associated purposes of crime prevention and detection, we operate 24-hour CCTV security. The images will be captured, processed and retained in accordance with our separate Privacy, CCTV & Cookie policy. Access to such footage will also be governed by the provisions of that policy.

3. We will securely store personal data including membership information and recorded CCTV footage in accordance with our privacy policy.

4. You can contact us with any queries or concerns by emailing hello@crossfitisca.co.uk from (or quoting) the email address that we hold for you.

Payment

1. If your Membership has an initial Membership Amount fee, you agree to pay us the full Membership Amount by credit or debit card. You will be notified of any applicable Membership Amount at the end of the online joining process, and this amount will be confirmed to you by email.

2. If your Membership has a recurring Monthly Membership Amount fee, you agree to maintain a Direct Debit instruction with your bank (or recurring international Credit Card payment for overseas members) for the Monthly Membership Amount. Your first Monthly Membership Amount is due on the date shown at the end of the online joining process (which will also be confirmed to you by email), and subsequent Monthly Membership payments will be due on the same day of each month until your Membership is cancelled.

3. If the terms on which you are accepted as a Member include an initial Promotional Rate, you agree to pay the discounted Promotional Rate as a recurring Monthly Membership Amount during the introductory period specified in the promotional or introductory offer and that thereafter we may debit for the higher standard Monthly Membership Amount specified in the promotional offer (or such higher rate as might apply) in respect of each successive month after the introductory period has lapsed and unless or until your Membership is cancelled.

4. We reserve the right, at our discretion, to change your Monthly Membership Amount fee. If this happens we’ll notify you by email not less than 2 weeks before the change is made. You are able to cancel your membership within this period, and if we don’t hear from you within the period the new Monthly Membership Amount fee will apply automatically.

5. You agree to pay us the Monthly Membership Amount regardless of whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason no refunds will be due.

6. We reserve the right, at our discretion to charge a £5 late cancellation fee for late cancellation of classes. More information on membership area.

Ending your Membership

1. You may terminate your Membership at any time before 7 days of your renewal date. You may email us at hello@crossfitisca.co.uk , contact us through the Member Area or speak to one of the CrossFit Isca staff.

2. We have the right to terminate this Agreement and your Membership with immediate effect if you do not pay any applicable Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due.

3. We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of CrossFit ISCA's Membership Rules. In this event you will no longer be able to access to CrossFit ISCA's and we will not give any refund.

4. If we do not terminate your Membership if you breach any of CrossFit Isca’s Membership Rules, or if we give you extra time to pay if you do not pay your Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due, that will not prevent us from subsequently enforcing the terms of this Agreement.

5. We may assign the benefit of this Agreement and our rights to a third party provided we give you notice and your rights under this Agreement will not be prejudiced.

Additional services

1. Personal Training Sessions and “additional services” do not form part of this Agreement and are not provided by CrossFit Isca.

2. Any “additional services” (including, for example, Personal Training Sessions, Sports Therapy and Massage Therapy) which you contract for or agree to pay for, do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any agreement for “additional services”, you are entering into an agreement with those individuals and not with us.

3. We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing the “additional services” which are specifically excluded from the Membership Agreement and We do not accept any responsibility for the same save where precluded by law.

4. We may provide induction services or personal reviews of your training needs. Such services are provided without additional charge.

Other clauses

1. Only you, the person named in the online joining process, can benefit from this Agreement.

2. If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.

3. Isca Fitness Limited, its parent companies, its agents, employees and subcontractors are not liable for any loss, damage or theft of any of your property that you bring onto any of our premises. If such loss, damage or theft is caused by the negligent acts or omissions of Isca Fitness Limited or its agents, employees or subcontractors, our liability to you will be limited to £500.

4. We may make reasonable changes to the Gym Membership Rules and the Membership Agreement at any time. It is your responsibility to check online at regular intervals for changes to these documents.

5. This Agreement is governed by the law of England and Wales.

6. You should print a copy of this Agreement for future reference.

Membership Rules

CrossFit Isca maintains and enforces Membership Rules to make sure that using our gym is as safe and enjoyable an experience as we can make it for all of our Members.

We may amend these rules from time to time.

We're sorry for being direct, but we reserve the right to terminate your Membership immediately if you do not abide by these Membership Rules. We hope that you understand.

As a Member of CrossFit Isca you agree that you will:

Clean equipment with the sanitiser spray and paper towels provided when you have finished using it.
Replace equipment back onto the racks after you have finished with it and after you have cleaned it.
Follow staff members’ instructions and directions
Use the cleaning products, including hand sanitiser as provided.
If you are unwell, symptomatic or have tested positive for coronavirus, do not attend. You must follow government regulation on isolating for a minimum period of time, and only return after this minimum period if you are feeling well again.
Keep your member log in details a secret and not share them with, or allow it to become known by anyone else.
Not make or receive phone calls on the gym floor.
Not take photographs or videos on the premises or post remarks or imagery to the internet that could identify another Member.
Not drop or throw weights down on the floor anywhere in the gym.
Use a locker to store your belongings when you are exercising. Use of a padlock is strongly advised.
Wear suitable clothing and footwear when exercising (denim, bare feet, flip-flops or boots are amongst the range of clothing choices that are unsuitable). Any member not wearing suitable attire may be asked to leave CrossFit Isca at the discretion of the local management team.
Use the gym facilities and equipment in a proper manner and not in a way that might cause harm to yourself or others (just ask a member of staff if you are unsure).
Not engage in any exercise activity that may be potentially harmful to you or others (this includes contact sports such as martial arts and boxing unless this is with one of our Personal Trainers)
Not use, block or interfere with fire, emergency or disabled access doors or alarms (except in a genuine emergency).
Do not tamper with fire extinguishers.
Not behave in an aggressive, abusive, intimidating, anti-social or threatening manner or in a way that might cause distress to staff or Members.
Not conduct any Personal Training business with other Members.
Come and go quietly so as not to disturb our neighbours.
Use any parking facilities provided in accordance with the rules that the parking provider posts and may change from time to time (if you get a parking ticket we are not liable)
Not park your bicycle in an unsafe or in an inappropriate location.
Put your litter in the bins provided.
Not use CrossFit Isca whilst under the influence of alcohol, narcotics, tranquilizers or make use of any other medical substance which may affect your ability to exercise safely on our premises. CrossFit Isca Reserves the right to remove you from the premises if it reasonably believes you are unfit to use the facilities.
Not engage in any type of criminal behaviour whilst on our premises.
Not sleep in our premises.
Not cause damage to the premises, our or another Member's property.
Not force entry to locked doors.
Book Classes prior to arriving at CrossFit Isca
To cancel class bookings with good prior notice (we reserve the right to a £5 late cancellation charge - details given on membership app)

Release of Liability, Waiver of Claims, Assumption of Risk, Indemnity Agreement, and Jurisdiction Agreement

By agreeing to the terms and conditions of this document you accept that you will waive certain legal rights, including the right to sue.

To: Isca Fitness LTD, owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (hereinafter referred to as Recover Fit Ltd).

DEFINITIONS:

In this agreement:

1. The term “ATHLETIC ACTIVITY” OR ATHLETIC ACTIVITIES” includes but is not limited to personal training, fitness classes, team or individual competitions, fitness classes, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, Olympic lifting, powerlifting, strongman training or competitions, gymnastics, strength condition, metabolic conditions, plyometrics, mixed martial art training, full contact sparring, mixed martial art competition, body-weight condition, bouldering, rope climbing, macro climbing, stretching, outdoor running on trails or sidewalks, sports, and programs, clinics, seminars and services provided to the athlete by Isca Fitness LTD.

2. The term “INJURY” shall refer to all forms of physical, mental and emotional injury in any way related to athletic activity and transportation activities including but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolisis, heart failure, concussion, frostbite, hypothermia, heat illness, dehydration, trauma, anxiety and fears.

DISCLAIMER:

Isca Fitness Ltd and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (hereafter referred to as Isca Fitness Ltd) are not responsible for any death, injury, loss or damage of any kind suffered by any person while using Isca Fitness Ltd facilities, participating in or watching Isca Fitness Ltd activities, caused in any manner whatsoever including, but not limited to, the negligence of Isca Fitness Ltd. I am aware that athletic activities have inherent dangers and risks including but not limited to the potential for serious personal injury or death caused by any Isca Fitness Ltd athletic activities or any condition of the facilities or equipment of Isca Fitness Ltd, some of which include:

1. Transient light-headed-ness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolisis, and so forth:

2. All manner of injury resulting from slipping or falling, either roped or unroped, while jumping, skipping running, walking, lifting, climbing, and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment.

3. Abrasion, entanglement, lacerations, bruising, dislocation, and other injuries resulting from activities on or near stand, racks, weight bars, pull-up bars, walls ropes, cargo nets, medicine balls, plyo boxes or any other equipment.

4. Injuries resulting from falling athletes or objects such as weights, dumbbells, bars, medicine balls, ropes and so forth or by any objects dropped by other persons conducting athletic activities or assisting others.

5. Failure of the equipment, racks, stands, bars, attachments, anchors, ropes, harnesses; and I do hereby further acknowledge and agree:

A. That the athletic activities I am participating in requires a moderate to high degree of effort, are designed to be high intensity and are intended to maximally challenge my cardiovascular endurance, stamina, strength, flexibility, speed, power, coordination, agility, balance and accuracy;

B. That i will honestly represent my level of fitness, health, nutrition, use of medication, medical history and current physical, mental and medical condition to Isca Fitness Ltd;

C. That although Isca Fitness Ltd takes steps to reduce the risks and increase the safety of all athletic activities, it is not possible for Isca Fitness Ltd to make these athletic activities completely safe;

D. That I am personally responsible for my preparation prior to athletic activities, my concentration and attention during these athletic activities, and for my past activity rest and recovery;

E. That I will learn and obey the rules and regulations of Isca Fitness Ltd and that I will follow the instructions and directions of Isca Fitness Ltd during athletic activities.

F. That I will inform Isca Fitness Ltd immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during and immediately after athletic activities.

G. That I may stop participating at any time and that I may be directed to stop by Isca Fitness Ltd should I display noticeable signs of distress.

H. That I or my child in my absence consent to receive first aid and medical treatment by Isca Fitness Ltd in the event of an accident, injury or illness during athletic activity.

I. That Isca Fitness video, audiotape or photograph you for instructional and promotional purposes without payment of any kind to you and without further notice to you or permission from you.

Release of Liability, Waiver of Claims, Assumption of Risk, Indemnity Agreement and Jurisdiction Agreement Release of Liability, waiver of claims and indemnity agreement.

In consideration of Isca Fitness Ltd, allowing me to participate in Isca Fitness Ltd Athletic activities, and for other food and valuable consideration, the receipt and sufficiency of which is acknowledged, I herby agree as follows:

1. To waive any and all claims that I have or may have in the future against Isca Fitness Ltd and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representative, successors and assigns (all of whom are hereinafter referred to as the “releasees”) and to release the releasees from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in climbing and transportation activity, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of the releasees, and including the failure on the part of the releasees to safeguard or protect me from the risks, dangers and hazards of athletic activities.

2. To hold harmless and indemnify the releasees from any and all liability for any property damage or personal injury to any third party resulting from my participation in Athletic Activities.

3. To hold harmless and indemnify the releasees from any and all liability for any costs they may incur for medical costs, emergency transportation and litigation resulting from any participation in athletic activities.

4. That this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.

5. This Agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of Great Britain and Northern Ireland and no other jurisdiction; and

6. Any litigation involving the parties to this Agreement shall be brought solely within Great Britain and Northern Ireland and shall be within the exclusive jurisdiction of the Courts of Great Britain and Northern Ireland. In entering into this Agreement i am not relying on any oral or written representations or statements made by Isca Fitness Ltd with respect to the safety of athletic activities other than what is set forth in this Agreement.

I confirm that I am over the full age of eighteen (18) years or am under the age of eighteen (18) years and my parent/guardian have read and understood this agreement prior to signing it and i am aware that by signing this agreement i am waiving certain legal rights which i or my heirs, next of kin, executors, administrators, assigns and representatives may have against Isca Fitness Ltd.