ACHIEVE FUNCTIONAL FITNESS LTD

MEMBERSHIP AGREEMENT, HEALTH DECLARATION, RELEASE AND WAIVER OF LIABILITY
IMPORTANT NOTICE

This document is an important legal agreement between you and Achieve Functional Fitness Ltd (“AFF”, “we”, “us”, or “our”). It affects your legal rights. Please read it carefully before signing or accepting membership.
Nothing in this agreement limits or excludes liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

You should consult your GP or another appropriately qualified medical professional before beginning any exercise programme, particularly if you have any medical condition, injury, illness, or concern regarding your ability to participate safely.

By signing this agreement, completing the online sign-up process, attending classes, using the facilities, or making payment to Achieve Functional Fitness Ltd, you confirm that you have read, understood, and agreed to be bound by the terms of this agreement.

1. HEALTH DECLARATION
By participating in any activity provided by Achieve Functional Fitness Ltd, you confirm and acknowledge that:
• You are responsible for monitoring your own physical condition and determining whether you are fit to participate in exercise and training activities.
• You will inform Achieve Functional Fitness Ltd of any medical condition, injury, illness, disability, pregnancy, limitation, or other circumstance that may affect your ability to participate safely.
• You understand that participation in exercise and fitness activities may involve strenuous physical exertion.
• You understand that exercise carries inherent risks, including but not limited to:
• sprains and strains;
• muscular injuries;
• fractures and dislocations;
• head injuries and concussion;
• falls and impact injuries;
• overuse injuries;
• rhabdomyolysis;
• abnormal blood pressure;
• fainting;
• cardiac events;
• permanent disability; and
• death.
• You understand that activities may include, without limitation:
• Olympic lifting;
• barbell lifting;
• kettlebell training;
• gymnastics movements;
• mobility work;
• cardiovascular conditioning;
• plyometrics;
• circuit training;
• partner exercises;
• use of resistance equipment; and
• high-intensity interval training.
• You understand that physical contact with equipment, flooring, other participants, and environmental hazards may occur during training.
• You understand that no exercise programme can guarantee specific results and that all outcomes vary between individuals.
• You understand that it is strongly recommended that you seek medical advice before beginning any exercise programme if you have any doubts regarding your physical condition.

2. ASSUMPTION OF RISK
You voluntarily participate in activities provided by Achieve Functional Fitness Ltd entirely at your own risk.
You acknowledge and accept all risks associated with participation in classes, personal training, open gym sessions, competitions, events, workshops, online coaching, remote programming, and use of the facilities and equipment, whether supervised or unsupervised.
You understand and accept that injuries or medical complications may arise from:
• physical exertion;
• use or misuse of equipment;
• equipment malfunction;
• slips, trips, and falls;
• contact with other participants;
• fatigue;
• improper lifting technique;
• failure to follow instructions;
• unsupervised training; or
• other foreseeable and unforeseeable risks associated with exercise.
You accept full responsibility for your participation and for any consequences arising from your participation.

3. RELEASE AND WAIVER OF LIABILITY
In consideration of being permitted to participate in activities provided by Achieve Functional Fitness Ltd, you agree, to the fullest extent permitted by law, to release and discharge Achieve Functional Fitness Ltd, its directors, officers, employees, coaches, contractors, agents, representatives, volunteers, landlords, and affiliates from claims, demands, causes of action, damages, losses, liabilities, costs, or expenses arising out of or connected with your participation in any activities, use of equipment, attendance at the premises, or use of services.
This includes, without limitation, claims arising from:
• use of gym facilities or equipment;
• participation in classes or programmes;
• personal training sessions;
• equipment malfunction or breakage;
• slips, trips, or falls;
• contact with other members or visitors; and
• negligent acts or omissions, except where liability cannot lawfully be excluded.
Nothing in this agreement excludes or limits liability for:
• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• any other liability that cannot lawfully be excluded under English law.

4. EMERGENCY MEDICAL CONSENT
In the event of illness, injury, accident, or medical emergency during participation in activities or while on the premises, you authorise Achieve Functional Fitness Ltd to obtain emergency medical treatment or assistance on your behalf where reasonably necessary.
You understand and agree that:
1. emergency services may be contacted without prior consultation with you;
2. you remain responsible for any medical or associated costs incurred; and
3. Achieve Functional Fitness Ltd does not guarantee the availability of medical personnel on site.

5. INFECTIOUS ILLNESS AND HEALTH SAFETY
You agree not to attend the gym, classes, sessions, or events if you:
1. are knowingly suffering from a contagious illness or infection;
2. have symptoms that may place staff or other members at risk; or
3. have been advised by a medical professional to avoid participation in exercise.
Achieve Functional Fitness Ltd reserves the right to refuse entry or participation where reasonably necessary to protect the health, safety, or wellbeing of staff, members, or visitors.
You agree to comply with all reasonable health and safety instructions, hygiene measures, and operational policies implemented by Achieve Functional Fitness Ltd.

6. MEMBERSHIP TERMS
Principal Terms
1. This agreement commences once you indicate acceptance during the sign-up process and your membership application is accepted by Achieve Functional Fitness Ltd.
2. Memberships are personal to you and may not be transferred, assigned, shared, or resold.
3. You are entitled to the rights and privileges associated with the membership type selected.
4. Memberships are subject to an initial minimum term of three (3) months unless otherwise stated in writing.
5. Following the minimum term, memberships continue on a rolling monthly basis until cancelled in accordance with this agreement.

7. FEES, PAYMENTS, AND DIRECT DEBITS
1. The first payment is taken by debit or credit card at the point of purchase.
2. Ongoing membership fees are collected by direct debit or other approved payment method.
3. Membership payments are normally collected on the first working day of each month.
4. You are responsible for ensuring that valid payment details are maintained at all times.
5. You agree to notify us promptly of any changes to your contact details, billing information, or payment method.
6. If payment is missed or declined, we reserve the right to:
7. retry collection;
8. suspend access to facilities or services; or
9. terminate your membership after providing reasonable notice.
10. You remain responsible for any unpaid membership fees incurred before cancellation or termination.
11. We may refer unpaid debts to a third-party debt recovery agency where appropriate.

8. MEMBERSHIP FREEZE POLICY
1. Monthly memberships may be frozen for a maximum of one (1) month within any twelve (12) month period unless otherwise agreed in writing.
2. Freeze requests must be submitted in writing.
3. Memberships automatically resume following the agreed freeze period.
4. Membership freezes are not available on fixed-term passes or promotional memberships unless expressly stated otherwise.

9. PRICE CHANGES
1. Achieve Functional Fitness Ltd reserves the right to increase membership or service prices.
2. At least one (1) calendar month’s notice will be provided before any increase takes effect.
3. During the notice period, you may exercise your cancellation rights in accordance with this agreement.

10. CANCELLATION AND TERMINATION
Member Cancellation
1. Following the initial minimum term, you may cancel your membership by providing written notice via email to getfit@achievefunctionalfitness.co.uk.
2. Cancellation requests must be received at least seven (7) days before the next billing date.
3. Following the expiry of any minimum term, a member may cancel their membership by giving not less than thirty (30) days’ written notice to Achieve Functional Fitness Ltd. The membership shall remain active throughout the notice period, and the member shall remain liable for payment of the membership fee during that period on a pro rata basis, calculated from the date notice is received until the expiry of the thirty (30) day notice period. Membership access shall continue until the end of the notice period, unless the membership is otherwise suspended or terminated in accordance with this agreement.
4. Membership remains active until the end of the applicable billing period.
5. Membership fees already paid are non-refundable except where required by law.
Termination by Achieve Functional Fitness Ltd

We reserve the right to suspend or terminate your membership immediately where:
1. you breach gym rules or this agreement;
2. your conduct endangers others;
3. you misuse equipment or facilities;
4. you behave aggressively, abusively, unlawfully, or inappropriately;
5. payments remain overdue; or
6. continued membership is reasonably considered unsafe or inappropriate.

11. CLASS PASSES
10-Class Pass Terms
1. Class passes commence on the date of purchase.
2. Unless otherwise stated, 10-class passes are valid for three (3) months from the date of activation.
3. Class passes are personal, non-transferable, and non-refundable.
4. Unused sessions expire automatically after the validity period.
5. Class passes cannot be exchanged for cash or transferred to another person.

12. PERSONAL TRAINING AND LATE CANCELLATIONS
1. Personal training or one-to-one sessions cancelled with less than twenty-four (24) hours’ notice are charged at the full session rate.
2. Where prepaid session blocks are used, late cancellations result in forfeiture of that session.
3. Achieve Functional Fitness Ltd reserves the right to reschedule sessions where necessary due to illness, emergencies, staffing issues, or circumstances beyond reasonable control.

13. GYM RULES AND CONDUCT
4. Members must comply with all gym rules, safety notices, and reasonable instructions given by staff.
5. Rules may be updated from time to time and will be communicated where reasonably appropriate.
6. Members must behave respectfully towards staff, coaches, visitors, and other members.
7. Aggressive, abusive, discriminatory, threatening, or otherwise inappropriate behaviour towards staff, coaches, members, visitors, or contractors may result in immediate suspension or termination of membership at our discretion.
14. CCTV AND UNSUPERVISED HOURS
Achieve Functional Fitness Ltd operates CCTV for the purposes of security, safety, crime prevention, and incident review. By entering the premises, you acknowledge that CCTV may be in operation in public areas of the gym, subject to applicable law and our privacy policy. During unsupervised gym hours, members use the facilities at their own risk and must follow all safety notices, rules, and instructions displayed on site. Members must immediately report any accident, injury, damage, or unsafe condition to us as soon as reasonably possible.

15. CHILDREN/MINORS WITHIN THE GYM SPACE

1. I recognise that the programs/classes and training require physical exertion that may be strenuous at times and may cause physical injury and as such, I am fully aware of the risks and hazards involved.
2. I understand that it is my responsibility to consult with a physician prior to and regarding the child's participation in the above programs/classes or use of equipment. I represent and warrant that they have no medical condition that would prevent their participation in the programs/classes. I agree to assume full responsibility for any risks, injuries or damage known or unknown which my child may incur as a result of participation. Such injuries may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness, including death.
3. I knowingly and voluntarily and expressly waive any claim I may have against Achieve Functional Fitness or any instructor, employee, officers, owners, personal trainer or volunteer of Achieve Functional Fitness for injury or damages that they may sustain as a result of participating in the programs, classes or by use of equipment. I, my heirs or representatives forever release waive, discharge and covenant not to sue Achieve Functional Fitness, its employees, officers, owners and sub-contractors for any injury or death caused by their negligence or other acts. I understand that misuse of equipment may result in injury.
4. The child I am responsible for, is voluntarily participating in an exercise class, cardio-training, strength-training or personal training program at Achieve Functional Fitness.
5. I understand that failure to follow Achieve’s rules and policies or misuse of equipment is a direct violation of the agreement and may result in revocation of their membership.
6. I have read the above waiver and release of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.

PRIVACY POLICY

1. INTRODUCTION
At Achieve Functional Fitness we are committed to protecting your privacy. We collect and process personal data about you in order to provide the services you use; operate our business; meet our contractual and legal obligations; protect the security of our systems and our customers; or fulfil our other legitimate interests. This Privacy Notice explains how we collect, use, share and protect your personal information. When we update this Privacy Notice we will post any changes on our website. In addition, when visiting our website, we will provide you with “just in time” notices at the moment of data collection. If you have any queries about this Privacy Notice, please contact us at Achieve Functional Fitness, Birmingham Moseley Rugby Club, Yardley Wood Road, Billesley Common, Moseley, B13 0HN or getfit@achievefunctionalfitness.co.uk

2. IDENTITY OF DATA CONTROLLER
Achieve Functional Fitness Ltd. is registered with the Information Commissioner’s Office (the ‘ICO’) as a data controller under registration reference ZB281207. The ICO is the United Kingdom’s independent Regulatory Authority in relation to data protection and information rights. The ICO provides a helpline and complaints service and can be contacted at: Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF or at www.ico.org.uk or by telephone on 0303 1231113

3. WHEN DO WE COLLECT INFORMATION?
We collect your personal information when you: • Complete an Online Membership Agreement • Register your interest in classes/membership or Personal Training • Ask us for more information about a product or service, or contact us with a question or complaint • Take part in a competition, prize draw or survey • Visit or browse our website via Cookies • Contact our team through telephone or email • Send an email to an @achievefunctionalfitness.co.uk email account • You have an accident in our gyms or there was an incident where you were a witness or personally affected • When you book classes and courses • When you use the Wodboard app • When our teams take photos of your attendance at the gym, part of an event or in a class (you have the option to opt out of these photos) We may also collect, match or acquire information about you from other organisations such as Google and Facebook

4. WHAT INFORMATION DO WE COLLECT?
The information we collect about you is required for the purpose of creating your Member Account and for you to enrol in our gyms. Such information allows you to be identified as a member of Achieve Functional Fitness and includes:
• Name, date of birth, gender, e-mail address, postal address, telephone number, health declaration and whether you require disabled access
• Credit or debit card information, information about your bank account number and sort code or other banking information.
• Your usage records and duration of visits
• Your preferences for particular products or services or interests when you tell us what they are – or when we assume what they are, depending on how you use our products and services • Your contact with us, such as a note or recording of a call you make to our contact centre, an email or other records of any contact you have with us
• Your membership information – such as dates of payment owed and received, the services you use and any other information related to your account

5. HOW DO WE USE THIS INFORMATION?
We will use your personal information to provide you with the services, products or information that you have requested, for health and safety, security and administration purposes, to improve your website experience, and marketing. We may need to share your information with our service providers, associated organisations and agents for these purposes.

We may use your information to:
• Process your membership application through Wodboard, our chosen membership software (or a similar platform should we change system)
• Bill you for using our services as part of your membership
• Keep you informed about our services including operational matters relating to your Membership
• Provide relevant services to you
• Confirm your attendance to exercise classes or lessons
• To allow you to monitor your gym usage in Wodboard
• Contact you with offers or promotions based on our analysis of how you use our services and what we think will be of interest to you (unless you choose not to receive our marketing messages)
• Respond to any questions or concerns you might have about our services
• Understand how you use our services, to help us develop relevant and updated services
• Carry out research and statistical analysis to monitor how customers use our services
• Prevent and detect fraud or other crimes
• Operate our facilities in a safe and secure way
• Covid-19 Track & Trace (when operating) - To prevent the spread of infection around the UK we will support the NHS Track & Trace system. If requested by the NHS to provide visitor information, due to an outbreak in the vicinity of one of our gyms, we will supply your name, mobile and time of arrival and departure for members who had recently visited the specific site. This is voluntary and you can request to have your data excluded. Please email us at getfit@achievefunctionalfitness.co.uk with your full name/DOB and we will not pass your details on. We will store your information for as long as you are a Member of Achieve Functional Fitness or following cancellation of your membership and to meet our legal requirements including health and safety, financial audit, anti-fraud, and money laundering regulations. We will store your information for no more than 6 years from the last activity on the account. An ‘activity’ can be classified as access into a gym, a payment made on the membership account, or a comment added to your membership record following contact with Achieve Functional Fitness. We may contact you about Achieve Functional Fitness services during these 6 years if you haven’t opted out of receiving marketing communications from us.

6. BASIS OF LAWFUL PROCESSING
Achieve Functional Fitness Ltd. relies on the following lawful bases for processing, storing and retaining your personal data: In relation to your membership of Achieve Functional Fitness:
1. your explicit and freely given consent for the specified purpose of membership and the use of Achieve Functional Fitness’s facilities.
2. the processing is necessary for the performance of your membership contract with Achieve Functional Fitness
3. the processing is necessary for a legal obligation that Achieve Functional Fitness is subject to
4. the processing is necessary for the legitimate purposes of Achieve Functional Fitness or by a third party In relation to your personal data relating to your health
5. your explicit and freely given consent for the specified purpose of membership and the use of Achieve Functional Fitness’s facilities.
6. processing is necessary for reasons of public interest in the area of public health including the cross-border threats posed by Covid 19
7. processing is necessary to protect your vital interests In relation to your retained data following termination of your membership
8. the processing is necessary for a legal obligation that Achieve Functional Fitness is subject to In relation to marketing information
9. the processing is necessary for the legitimate purposes of Achieve Functional Fitness or by a third party
7. OPT OUT
Achieve Functional Fitness will only send you information relating to your membership. We will not share your data with any third parties for marketing purposes, unless you consent. If you cancel your membership with Achieve Functional Fitness, we will only send you information that we think will be of interest to you. If you want to opt out of receiving marketing messages from us, please visit your profile section within the Wodboard app. You can choose to opt out of all marketing or select your marketing preferences. Alternatively, if you are no longer a member, and wish to remove your consent to receive marketing please contact by email to getfit@achievefunctionalfitness.co.uk

8. KEEPING YOUR PERSONAL INFORMATION SECURE
We ensure the organisations that provide us with services related to your membership have appropriate security measures and only process your information in the way we have authorised them to. These organisations will not be entitled to use your personal information for their own purposes. Communications over the internet (such as emails) are not secure unless they have been encrypted. Your communications may go through several countries before being delivered to us – as this is the nature of the internet. We cannot accept liability or responsibility for any unauthorised access to or loss of your personal information that is beyond our control.

8. WILL WE DISCLOSE THE INFORMATION WE COLLECT TO OUTSIDE PARTIES?

We may share information about you with:
• Service providers, agents and associated organisations to allow us to service your membership and communicate with you; for example, financial institutions to process payments.
• Law enforcement agencies, regulatory organisations, courts or other public authorities where we have a legal obligation to do so.
• Covid-19 Track & Trace (when operating) - To prevent the spread of infection around the UK we will support the NHS Track & Trace system. If requested by the NHS to provide visitor information, due to an outbreak in the vicinity of one of our gyms, we will supply your name, mobile and time of arrival and departure for members who had recently visited the specific site. This is voluntary and you can request to have your data excluded. • If you joined via a corporate partner, we may share your membership information with that corporate partner for the purposes of managing the relevant membership scheme. We will release information if it is reasonable for the purpose of protecting us against fraud, defending our rights or property, or to protect the interests of our customers. If we are reorganised or sold to another organisation, we may transfer any personal information we hold about you to that organisation. We will inform you if we do.

9. USE OF PERSONAL DATA FOR AUTOMATIC DECISION MAKING
We do not intend to use your personal data for automatic decision making.

10. THIRD PARTY TRACKING
We use tools such as Google Analytics for collecting personal data about our website visitor’s online activities over time and across different web sites for marketing purposes. This is so we can ensure our website gives you the best possible experience.

11. COLLECTION OF CHILDREN'S DATA
Achieve Functional Fitness does not collect or process the personal data of children under the age of 16 without parental consent.

12. YOUR PRIVACY RIGHTS
You have the following rights in relation to your data privacy: the right of access; the right of rectification; the right of erasure (the “right to be forgotten”); the right to restriction of processing; the right to be notified; the right to data portability; the right of objection; and the right to not be subject to automated profiling. Access. You have the right to ask for a copy of the information we hold about you and to have any inaccuracies in your information corrected. Please contact us through email to getfit@achievefunctionalfitness.co.uk, the contact us section of the website or writing to the address below. There is not normally a fee for this service.

Rectification. If you believe we are holding inaccurate information about you, or your personal details change, please update your profile on the Wodboard app. Debit, Credit and Bank account changes can be made in your members’ area on the Wodboard app. Erasure. You have the right to the erasure of the data we hold on to you, when it is no longer needed for the purposes of your Membership, or when you withdraw your consent for our processing (and we have no other lawful basis to hold your data).

Restriction. You have the right to ask us to place restrictions on processing your data in certain circumstances. Notification. You have the right to be notified of any rectification, erasure or restrictions in relation to your personal data.

Portability. You have a right to receive the data we hold on to you electronically in a format that allows it to be easily transferred to another data controller. Object. You have the right to object to data processing of your personal data for direct marketing or profiling purposes. Profiling. You have the right not to be subject to any decision based on automatic processing of your personal data. The address to be used to obtain a copy of your personal information is: Achieve Functional Fitness, Birmingham Moseley Rugby Club, Yardley Wood Road, Moseley, B13 0HN

13. CHANGES TO THIS PRIVACY NOTICE

We will update this privacy notice to reflect the way in which we process and protect your data. If we do so, we will post notice of the change on Wodboard, and you will have the opportunity to adjust your communications preferences via your Member Profile within the Wodboard app.

AGREEMENT, RELEASE AND WAIVER OF LIABILITY

Disclaimer: You should always consult with your doctor before beginning any type of exercise or physical liability.

This form is an important legal document. It explains the risks you are assuming by beginning an exercise program. It is critical you read and understand it completely. After you have done so, please print your name legibly and sign in the spaces provided it the bottom.

WAIVER, INFORMED CONSENT, AND COVENANT NOT TO SUE

I have volunteered to participate in a course or program containing physical exercise under the direction of Achieve Functional Fitness Ltd but may not be limited to weight or resistance training. In consideration of Achieve Functional Fitness Ltd agreement to instruct, assist, and train me, I do here release and discharge and hereby hold harmless Achieve Functional Fitness Ltd, and their respective agents, heirs, assigns, contractors and employees from any and all claims, demands, damages, rights or causes of action, present and future, arising out of or connected with my participation in this or any program including any injuries resulting from them. 

This waiver and release from liability includes, without limitation, injuries which may occur as a result of (1) my use of all amenities and equipment in the Achieve Functional Fitness Ltd and facilities or premises and my participation in any activity, class program, personal training or instruction (2) Equipment that may malfunction or break (3) their negligent instruction or supervision (4) any slipping and/ or falling dropping of equipment while on Achieve Functional Fitness Ltd premises.

ASSUMPTION OF RISK

- To my best knowledge I am in good physical condition and have no disease, physical limitation, health concern or injury that would be aggravated or would be the cause of any injury sustained, before, during or as a result of my participation in activities related either directly and/or indirectly to Achieve Functional Fitness Ltd
- I recognise that exercise might be difficult and strenuous and there could be dangers inherent in exercise for some individuals. I acknowledge that the possibility of certain unusual physical changes during exercise does exist. These changes include abnormal blood pressure; fainting; disorders in heartbeat; heart attack; and, in rare instances, death.
- I understand that as a result of my participation in an exercise or other program, I could suffer an injury or physical disorder that could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.
- I recognise that an examination by a physician should be obtained by all participants prior to involvement in any exercise or physical program. If I have chosen not to obtain a physician’s permission prior to beginning this exercise or physical program with Achieve Functional Fitness Ltd, I hereby agree that I am doing so at my own risk.
- In any event, I acknowledge and agree that I assume the risks associated with any and all activities and/ or exercises in which I participate.
- I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary.
- I acknowledge that I have thoroughly read this waiver and release and fully understand that it is a release of liability. By signing this document, I am waiving any right I or my successors might have to bring a legal action or assert a claim against Achieve Functional Fitness Ltd for your negligence or that of your employees, agents, or contractors.

LATE CANCELLATION OF SESSIONS

- I acknowledge and agree that one to one Personal Training Sessions cancelled with less than 24 hours notice are chargeable at the full cost of the session
- I acknowledge and agree that In instances where a pre-paid block of one to one sessions has been purchased, cancellation within 24 hours will result in the loss of that session.

IMPORTANT COVID-19 HEALTH DECLARATION

Before entering Achieve Functional Fitness at Birmingham Moseley Rugby Club I can confirm that:

- I do not have any COVID-19 symptoms
- I have not received a positive test in the last seven days
- I am not waiting on a Coronavirus test result
- No member of my household has COVID-19 symptoms or is waiting on a test result
To the best of my knowledge I have not been in close contact with anyone who is exhibiting Coronavirus symptoms or has tested positive.
- I also agree to maintain social distancing and to keep myself, fellow members and Achieve Functional Fitness staff safe by adhering to the safety advice and guidance given.
- I understand that on each subsequent visit to Achieve Functional Fitness based at Birmingham Moseley Rugby Club I am also making the above Health Declaration.
This agreement will become binding upon both parties once you signed this Waiver.