MEMBERSHIP AGREEMENT, RELEASE AND WAIVER OF LIABILITY
Disclaimer: You should always consult with your doctor before beginning any type of exercise or physical exercise.
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, upon receiving this document, and providing payment to Achieve Functional Fitness, you have agreed to these terms and conditions.
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 reading and receiving 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 PERSONAL TRAINING/ONE TO ONE 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 (when required by law/during high infection)
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 read this waiver
MEMBERSHIP TERMS & CONDITIONS
1. This agreement commences once you have indicated your acceptance in the web sign up process.
2. This agreement will become binding on you and us when we contact you to confirm your membership application has been accepted, at which point a contract will come into existence between you and us. Full membership requires an initial 3-month period, after which you may cancel if you wish.
3. You will be entitled to all the rights and privileges set for the Type of Membership chosen.
4. You cannot transfer this agreement to anyone else
DIRECT DEBIT FEES AND CHARGES
1. The first month's membership fees are collected from you by us by Debit / Credit card at time of purchase.
2. Your payments will be deducted on the 1st working day of each month.
3. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your membership, upon having given you written notice of our intention to do so.
4. You agree to advise us immediately of any change to the Members Details provided.
5. Your membership can be on freeze for a maximum of 1 month (within a 12-month period) after which your membership will automatically be un-frozen and will revert to your monthly rate. Freeze only applies to monthly memberships.
MEMBERSHIP/PASS/CLASS AND PERSONAL TRAINING PRICES
1. From time to time, we may need to increase the price of membership. We will give you at least 1 full months' notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules.
TERMINATION OF MONTHLY MEMBERSHIP
1. You may terminate your membership at any point by emailing firstname.lastname@example.org.
2. In the above circumstances your membership will remain in force until the day before your termination date, at which point it will automatically terminate.
10 CLASS PASS TERMS & CONDITIONS
1. This 10-class pass membership commences once your payment for the pass has been processed.
2. Your class pass will be activated on the date you purchased it, running for 3 months in total.
3. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
4. You cannot transfer this class pass to anyone else nor transfer to another date.
5. Class passes are non-refundable.
GENERAL TERMS & CONDITIONS
1. Members must be 16 or older.
2. You agree to comply with the Rules of Membership which are displayed prominently in the Gym/on Wodboard and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided that we give you advance notice of the change.
3. If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.
4. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced.
5. There may be occasions where we must close all, or part of, the gym of which you are a member. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency. We will use all commercially reasonable endeavours to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.
6. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control.
7. We will not be liable or responsible for outstanding monies paid to a Personal Trainer not employed by Achieve Functional Fitness.
8. As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
9. This agreement is governed by English Law.
10. We may terminate this agreement with immediate effect on notifying you if you are in breach of the Gym’s Rules.
11. 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, wellbeing or physical condition. Further, that you will advise us immediately should your circumstances change.
INFORMATION ABOUT US
1. We are a company registered in England and Wales. Our company registration number is 12760948
2. If you have any questions or if you have any complaints or if any clause in these terms requires you to give us notice in writing, you can send this to us by e-mail at email@example.com
YOUR PERSONAL INFORMATION
1. Please see the privacy notice below.
1. Achieve Functional Fitness Ltd reserves the right to end any promotion without warning at any time.
2. Any prizes offered by Achieve Functional Fitness must be claimed within 21 Days of announcement of the winners. Achieve Functional Fitness has 45 days to issue any prize
3. All Gym challenges are subject to fair play which is managed by the Gym. Any recorded reps or times must be verified and signed off by a Achieve Functional Fitness team member.
4. Achieve Functional Fitness reserve the right to redeem any prize in the form of a voucher or pre purchased credit.
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 firstname.lastname@example.org
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
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
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
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 email@example.com 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.
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
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 firstname.lastname@example.org
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.
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.
USE OF PERSONAL DATA FOR AUTOMATIC DECISION MAKING
We do not intend to use your personal data for automatic decision making.
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.
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.
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 email@example.com, 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
GOVERNMENT TRACK AND 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.
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 our website, and you will have the opportunity to adjust your communications preferences via your Member Profile within the Wodboard app.