Terms & Conditions
VISION TERMS AND CONDITIONS
Vision Health and Fitness Club Limited
BACKGROUND:
These Terms and Conditions are the standard terms which apply:
A. to provision to, and use by, members and other users of any facilities, services and equipment provided by Vision Health and Fitness Club Limited a company registered in England and Wales under number 08362823 whose registered office is at 2 Sands Industrial Estate, Swalwell, Newcastle upon Tyne, NE16 3DJ. VAT Registration Number: 253473405
B. where the member and any other user of the facilities or services of the gym is a
“consumer” as defined by the Consumer Rights Act 2015.
C. together with the Health Commitment Statement, membership plan and the Code of Conduct to form the Agreement between you and us.
1. DEFINITIONS AND INTERPRETATIONS
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“business” means any business, trade, craft, or profession carried on by you;
“class” means a group fitness session scheduled for a pre-arranged time at the gym;
“consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual member of the gym who receives or uses any facilities or services of the gym for the member’s personal use and for purposes wholly or mainly outside the purposes of any business;
“Data Protection Legislation” means the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and the Data Protection Act 2018 as amended or replaced from time to time;
“Code of Conduct” The gym’s Code of Conduct as provided on it’s website at www.vhf.co.uk/gym-code-of-conduct/;
“joining fee” means the fee payable for joining the gym separate from the membership fees;
“junior member” means any individual between the ages of 14-15 years whose application for membership of the gym (either directly or indirectly via a parent or guardian) has been accepted in writing by us, and he/she will remain a junior member until reaching the age of 16 years old.
“the gym” means all facilities, services (including but not limited to our classes) and equipment provided by us to you, currently at our premises at 2 Sands Industrial Estate, Swalwell, Newcastle upon Tyne, NE16 3DJ, or Unit 13, Crowhall Road, Nelson Industrial Estate, Cramlington, NE23 1WH and any future sites that we may open and operate as gyms for our members from time to time;
“member/you/your” means an individual, aged 16 years or older who is a consumer and whose application for membership of the gym has been accepted in writing by us, and he/she will be a member thereafter for as long as he/she remains a member as provided by these Terms and Conditions;
“membership” means membership of the gym;
“membership fees” means the fee(s) due for membership (including but not limited to any junior membership fees);
“membership plan” means any minimum period of membership at any of the different grades of membership;
“month” means a membership billing period (which is not necessarily a calendar month);
“principal member” means a member who is a responsible adult and aged 18 years or over who is a parent or guardian of a junior member and who is a member of our gym;
“Regulations” means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Consumer Rights Act 2015;
“we/us/our” means Vision Health and Fitness Club Limited whose registered office and contact address is 2 Sands Industrial Estate, Swalwell, Newcastle upon Tyne, NE16 3DJ;
2. INTERPRETATION
2.1 Unless the context otherwise requires, each reference in these Terms and Conditions
to:
2.1.1 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented from time to time; and
2.1.2 a paragraph or sub-paragraph is a reference to a paragraph of these Terms and Conditions.
2.2 The headings used in these Terms and Conditions are for convenience only and will have no effect on the interpretation of these Terms and Conditions.
2.3 Words signifying the singular number shall include the plural and vice versa.
2.4 References to any gender shall include the other gender.
2.5 Where there is any conflict or inconsistency between the provisions of these Terms and Conditions and the provisions contained in the documents listed in paragraph 23 of these Terms and Conditions, the provisions of these Terms and Conditions shall prevail.
3. THESE TERMS
3.1 What these terms cover. These are the terms and conditions on which we offer the use and availability of our gym to you.
3.2 Why you should read them. Please read these terms and conditions carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
4. HOW TO CONTACT US
4.1 How to contact us. You can contact us by telephoning us at our Gateshead gym on 0191 4476919 or at our Cramlington gym on 01670 432232, depending on the gym that you
have signed up to, or by writing to us at [email protected] or Vision Health and Fitness Club Limited, 2 Sands Industrial Estate, Swalwell, Newcastle upon Tyne, NE16 3DJ.
4.2 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when becoming a member.
5. PROVIDING OUR SERVICES
5.1 We will begin and end the services provided at our gym on the date set out in your membership plan.
6. GENERAL TERMS APPLYING TO ALL MEMBERS
6.1 This agreement commences once you have indicated your acceptance in the declaration section of the sign-up process.
6.2 Your membership starts immediately irrespective of the date of your first visit.
6.3 You will be entitled to the full rights and privileges exercisable for the type of membership chosen.
6.4 Your membership will be in accordance with your membership plan, and your use of the gym must always be in accordance with your membership plan.
6.5 You cannot transfer this membership to anyone else without our prior written permission. Any transfer is subject to the payment of a reasonable administration charge.
6.6 You must be at least 16 (18 for Direct Debit memberships) years old to become a gym member.
6.7 You agree to comply with the gym’s Code of Conduct, which are available online at www.vhf.co.uk/gym-code-of-conduct/ and are also displayed throughout the gym. We may make reasonable changes to the gym’s Code of Conduct at any time at our sole discretion, provided we give you reasonable notice of any changes. Under the gym’s Code of Conduct, we reserve the right to immediately suspend your gym membership should you fail to comply with our Code of Conduct. We operate a 3-strike system to discourage our members from using our gym in a way that may impact the use and enjoyment of other members using our gym and/or may present a risk to their health and safety. Where a member breaches of our Code of Conduct, the following sanctions will apply:
6.8.1 1 day suspension from using our gym (1st offence)
6.8.2 3 day suspension from using our gym (2nd offence);
6.8.3 termination of gym membership in accordance with paragraph 11.2 (third offence).
6.9 Notwithstanding paragraph 6.8, in the event that a member repeatedly and persistently breaches our Code of Conduct we reserve the right to cancel your membership with us in accordance with paragraph 11.2.1.
6.10 You confirm that you are in good physical condition and the information contained in Par-Q is true and accurate. Furthermore, you confirm that you are capable of engaging in active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well-being or physical condition. You also agree to advise us immediately should your circumstances change prior to continuing to use our gym.
6.11 There may be occasions where we have to suspend our services to you. This may involve closing all, or part of, the gym for reasons such as maintenance, upgrades and, emergencies. 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 do our best to ensure that any planned closures are outside of peak visiting hours and are kept to a minimum. If we have to suspend the services for a continuous period of more than 3 continuous days you shall be entitled to an extension to your membership for any lost time that you were prevented from using the gym.
7. FEES AND CHARGES
7.1 Membership fees may vary from club to club and will be charged at the rate according to your membership plan. Membership fees will include any fees associated with linked junior members which the principal member acknowledges and accepts will be paid for by the principal member for registering a child onto a junior membership plan.
7.2 Any joining fee payable is due immediately on execution of these Terms and Conditions and is payable either by debit / credit card or cash at the time of purchase. This fee is not refundable other than in the event of breach or negligence by us or on the valid exercise of your statutory cancellation rights, as set out in paragraph 7.5 below.
7.3 Subject to the applicable membership provisions contained in this paragraph 7, the membership fee is due immediately on execution of this agreement and is payable either by debit/credit card, direct debit mandate or cash at the time of purchase.
7.4 Cash payments for the membership and joining fees are only accepted on-site for transactions completed in the gym and not for transactions completed remotely.
7.5 As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you did not sign up on our premises, you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of completing your membership application form. To exercise this right, you must inform us of this by post, email or telephone using the details above. If you exercise this right to cancel, we will reimburse you all Joining and Membership Fee payments received from you using the same means of payment you used for the initial transaction. However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, If you have used the service before requesting to cancel then we will reduce your membership fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested.
8. MEMBERSHIP PLANS
8.1 Upfront 365 Membership only.
8.1.1 Upfront 365 Membership is a fixed term 12-month membership plan payable in advance in full by card (in-club or online) or bank transfer.
8.1.2 The price of our Upfront 365 Membership (which includes VAT) will be the price set out in our price list in force at the time of joining. No joining fee is payable for this plan.
8.1.3 Your membership period and access to the gym will commence on the date detailed in your Upfront 365 Membership plan.
8.1.4 At the end of the 12-month fixed term, your Upfront 365 Membership will come to an end.
8.1.5 Where you want to cancel your Upfront 365 Membership you must notify us in accordance with paragraph 24 of your intention to cancel your membership on at least 28 days’ notice.
8.1.6 Subject to paragraphs 8.1.7 and 8.1.8, where you have notified us of your intention to cancel your Upfront 365 Membership you shall be entitled to a refund which will be calculated on a pro-rata basis taking account of the annual membership fees charged in your membership plan and the period over which you have enjoyed the benefit of using our gym.
8.1.7 Where you cancel your membership but do not provide at least 28 days’ notice as required by paragraph 8.1.5, any refund payable to you will be calculated on the basis that the cancellation date includes this 28-day notice period.
8.1.8 Upfront 365 Cancellation Fees Where you cancel your Upfront 365 Membership in accordance with paragraph 8.1.5, we shall charge, and you shall agree to pay the following cancellation fees:
(a) £25 administration fee; and
(b) £10 for each and every month that your Upfront 365 Membership continued, this being the difference between i) the amount paid by you under the Upfront 365 Membership and ii) the equivalent annual amount payable for the same period under a Freedom Membership.
8.1.9 You will be entitled to continue to use our gym facilities until the date on which your membership ends or expires.
8.1.10 Charges and cancellation provisions relating to the Upfront 365 Membership plan contained in paragraphs 7.5 and 11 will apply.
8.2 Single Session Membership only. You may join a Class or use the gym on the day of your Single Session membership if space is available and upon payment of the required fee. The price of a Single Session Membership (which includes VAT) will be the price set out in our price list in force at the time of joining. Once you have left the gym’s premises after your visit your Single Session Membership will expire. Should you choose to not use your Single Session Membership you will not be entitled to a refund.
8.3 Single Month Membership only. You may use the gym for a fixed term one month plan payable in advance by cash or card (in-club or online). The price of a Single Month Membership (which includes VAT) will be the price set out in our price list in force at the time of joining. No joining fee is payable for this plan. Your membership period and access to the gym will commence on the date detailed in your membership plan and will lapse after a period of one calendar month unless cancelled in accordance with paragraph 7.5 or paragraph 11.
8.4 Freedom Membership only.
8.4.1 Freedom Membership is a flexible rolling monthly membership plan payable in advance for the first month by card (in-club or online) and then on a direct debit scheme payable monthly in advance which will be deducted from your bank account one calendar month after the date when your membership started.
8.4.2 The price of a Freedom Membership (which includes VAT) will be the price set out in our price list in force at the time of joining. No joining fee is payable for this plan.
8.4.3 Your membership period and access to the gym will commence on the date detailed in your membership plan.
8.4.4 Your membership will continue to run and direct debits will remain in place on a rolling basis until your membership is cancelled by you in accordance with paragraph 8.4.5 or cancelled in accordance with paragraph 11.
8.4.5 Where you want to stop your Freedom Membership this may be done by contacting us. We require 14 days’ notice to process your cancellation and such notice will be deemed to be effective on the 14th day after you have notified us of your wish to terminate your membership. You will be entitled to continue to use our gym facilities until the end of the membership period that you have paid for.
8.4.6 Charges and cancellation provisions relating to the Freedom Membership plan contained in paragraphs 7.5 and 11 will apply.
8.5 Classic Membership only.
8.5.1 Classic Membership is an initial fixed term 12-month then rolling membership plan payable in advance for the first month by card (in-club or online) and then on a direct debit scheme payable by 11 consecutive monthly instalments. The first direct debit instalment will be deducted from your bank account one calendar month after the date when your Classic Membership started.
8.5.2 The price of our Classic Membership (which includes VAT) will be the price set out in our price list in force at the time of joining. No joining fee is payable for this plan.
8.5.3 Your membership period and access to the gym will commence on the date detailed in your Classic Membership plan.
8.5.4 At the end of the 12-month fixed term, your Classic Membership will continue to run on a rolling basis and monthly direct debits will remain in place until your membership is cancelled by you in accordance with paragraph 8.5.5 or paragraph 11.
8.5.5 Where you want to cancel your Classic Membership you must:
(a) notify us in accordance with paragraph 24 of your intention to cancel your Classic Membership at least 14 days before the next monthly instalment of your direct debit is due; and
(b) cancel your direct debit instruction with your bank no less than 14 days before the next monthly instalment is due to be collected.
8.5.6 Where you cancel your membership but do not provide at least 14 days’ notice as required by paragraph 8.5.5, such cancellation fees payable under paragraph 8.5.7 (b) will be calculated on the basis that they include the next months’ direct debit due.
8.5.7 Classic Membership Cancellation Fees Where you cancel your Classic Membership in accordance with paragraph 8.5.5, we shall charge, and you shall agree to pay the following cancellation fees:
(a) £25 administration fee; and
(b) £10 for each and every month that your Classic Membership continued, this being the difference between i) the amount paid by you under the Classic Membership and ii) the amount payable under a Freedom Membership.
8.5.8 You will be entitled to continue to use our gym facilities until the end of the membership period that you have paid for.
8.5.9 Charges and cancellation provisions relating to the Classic Membership plan contained in paragraphs 7.5 and 11 will apply.
9. JUNIOR MEMBERS
9.1 Junior memberships are available for 14 and 15 year-olds.
9.2 To become a junior member, a parent or guardian must be a member of our gym (“the principal member”). A parent or guardian of the proposed junior member must provide consent before a child will be accepted by us as a junior member of our gym and must contact us either in person, by telephone or use our website or app to apply for junior membership. Junior members must provide appropriate documents as proof of identity (only government issued photographic ID will be accepted).
9.3 Junior memberships are linked to the principal member for billing purposes. Junior memberships are flexible rolling monthly membership plans which are payable in advance for the first month by card (in-club or online) and then payable monthly in advance via direct debit which will be deducted from the principal member’s nominated bank account one calendar month after the date when the junior membership started.
9.4 The price of a junior membership (which includes VAT) will be the price set out in our price list in force at the time of joining. No joining fee is payable for this plan.
9.5 A junior membership period and access to the gym will commence on the date detailed in the junior membership plan.
9.6 A junior membership will continue to run and direct debits will remain in place on a rolling basis until:
9.6.1 the junior member becomes 16 years’ old; or
9.6.2 the junior membership (or the principal membership) is cancelled in accordance with paragraph 9.7; or
9.6.3 the junior membership (or the principal membership) is cancelled in accordance with paragraph 11.
9.7 Where you want to stop your junior membership this may be done by contacting us. We require 14 days’ notice to process your cancellation and such notice will be deemed to be effective on the 14th day after you have notified us of your wish to terminate your junior membership. You will be entitled to continue to use our gym facilities until the end of the junior membership period that you have paid for.
9.8 Charges and cancellation provisions relating to the junior membership plan contained in paragraphs 7.5 and 11 will apply.
9.9 Once the junior member turns 16 years old, their junior membership will automatically transfer to a Freedom Membership plan. Junior members wishing to consider other membership plans should contact us using the details set out at paragraph 24.
9.10 Junior members are required to follow our General Terms for members set out in paragraph 6, including our Code of Conduct and Health Commitment Statement.
9.11 Junior members will only be permitted to use our gym where they attend with the principal member who will take responsibility for ensuring that the junior member complies with our General Terms and Conditions.
9.12 ALL juniors’ members must attend a junior gym induction before using our gym which will take up to one hour to complete. Access to our gym is strictly prohibited without attending our induction first. Inductions can be booked in person, by telephone or by using our website or app upon confirmation of junior membership.
9.13 The principal member (who must be a responsible adult (18+)) can supervise a maximum of two junior members at any one time. The junior member will only be granted access to our gym if accompanied by the principal member and will remain with that responsible adult at all times, including where a junior member books a class, workshop or other event available to junior members.
9.14 We ask ALL our junior members to respect our facilities and other gym users by cleaning and returning equipment back to where it is stored.
10. CLASS BOOKINGS
10.1 You must book in advance to attend any available class, workshop or other event provided by us. No priority is given, and places are allocated on a first come, first served basis.
10.2 Classes must be booked using either our class booking system on our “Membr” app (available to download in Google Play Store and ITunes Store) or in person at the gym.
10.3 Members will be marked as attending a class automatically by our access control system unless they have been present at the gym for more than 60 minutes in which case members must notify reception of their attendance so that they may be marked in.
10.4 If a class requires the payment of an additional fee over and above the membership fee, members must pay this at the time of booking.
10.5 If a class requires specialist clothing, footwear, or other items, which you must provide, details about the class will be provided at the time of booking. If you do not comply with the requirements for specialist equipment, footwear or other items, we may not allow you to participate in the class and any additional fees paid will not be refunded.
10.6 When you attend classes, you must arrive at least 10 minutes before the scheduled time of the class. If you arrive later than this time, you risk losing your place in the class to another member even if you have booked it. It is at the sole discretion of the instructor taking a class whether they will permit late admittance to their class and paragraph 10.7 will apply.
10.7 If a class involves a warm-up session, and you arrive after the commencement of the warm-up session, we reserve the right to refuse entry into the class on the grounds of health and safety.
10.8 Class Cancellations: Members are required to cancel their classes up to one hour before classes are due to commence, using our Membr app. Cancellations made within one hour of a booked class cannot be processed using our Membr app and must be carried out by phone or in person. We reserve the right to cancel any class upon reasonable notice or where such notice cannot be given due to circumstances beyond our control, to cancel any class without providing any advance notice to you.
10.9 Failure to Attend: Members who fail to attend three (3) classes in any 30-day period without notifying us in advance that they wish to cancel their booking will be prevented from booking any further classes for a period of 7 days.
11. CANCELLATION OF MEMBERSHIP
11.1 You may cancel your membership on 1 month’s prior written notice if we tell you that we are increasing our membership fees as detailed in paragraph 12.1 of these Terms and Conditions.
11.2 We may cancel your membership without notice and with immediate effect in the event that you:
11.2.1 commit a serious breach of our Codes of Conduct displayed within the gym and/or available online; or
11.2.2 engage in violence, excessive use of bad language, threatening or drunken behaviour, inappropriate sexual activities or be under the influence of illegal drugs in a way that disturbs gym staff or the enjoyment of the gym by other members; or
11.2.3 repeatedly commit minor breaches of our Code of Conduct; or
11.2.4 in the event of a breach capable of remedy, do not remedy the breach within 7 days of receipt of a written default notice from us; or
11.2.5 act in a manner that is, in our reasonable opinion, unacceptable (for example engaging in stealing or other criminal activities at the gym, misuse of the gym and/or its equipment, or behaving in an anti-social manner); or
11.2.6 commit a breach of paragraph 6.10 above; or
11.2.7 withhold consent as required in paragraph 15.2 below.
11.3 We may cancel your membership (or that of any junior members with linked accounts) if any part of the monthly membership subscription remains unpaid 30 days after the date due for payment. We may engage a collections agency to pursue you for the debt and you accept that you will be responsible for all costs of any agency seeking to recover payment from you. A late payment charge may be raised if the debt remains unpaid after 30 days.
11.4 We may deny you access to the gym whilst any membership fees payable by you or other sums are due and remain outstanding.
11.5 In the event of cancellation of your membership in accordance with paragraph 11.2 above you will be liable to pay reasonable compensation to the gym in respect of any monies which at the time of such cancellation are owing to the gym in accordance with these Terms and Conditions, alternatively, if money has been paid in advance under these Terms and Conditions, to retain a proportion of the money so paid, to cover any reasonable costs or losses incurred in dealing with cancelling your Agreement.
11.6 Except in relation to Single Session Memberships and Single Month Memberships, you may cancel your membership on 30 days written notice, accompanied by reasonable evidence if you:
11.6.1 are unable to use the gym through serious illness or injury likely to preclude you from using the gym for a period of at least two calendar months;
11.6.2 are made redundant or loses their job and is unable to find alternative employment for a period of at least two calendar months; or
11.6.3 permanently relocates to a new address which is outside the locality of the gym, being a distance in excess 15 miles from the gym or in the event that such current address is already in excess of 15 miles from the gym then the new address will increase this distance in excess of 10 miles.
11.7 Cancellation under paragraph 11.6 for Upfront 365 memberships that have been paid in advance will entitle you to a refund subject to an administration fee of £25 and paragraph 8.1.8 shall not apply. This will be calculated proportionately to the full membership fees payable for such period, taking account of the monthly subscription rate charged in your membership plan and the period over which you have had the benefit of using our gym;
11.8 Cancellation under paragraph 11.6 for Classic memberships that are being paid by direct debit requires you to cancel your direct debit instructions with your bank no less than 30 days after you have provided us with your notice to cancel your membership and provided the necessary supporting evidence and paragraph 8.5.7 shall not apply.
12. PRICES
12.1 From time to time we may need to increase the price of a membership. We will give you at least 30 days prior written notice of any price increase and will make it very clear when the price increase will take effect from and how much your membership will cost after the increase. This notice will be given by posting a written notice on the gym’s notice board and on our website. If you are unhappy with any price increase you may exercise your right to cancel your membership in accordance with this paragraph 12.1 If you do not cancel your membership by the date given to you in the notice then the price of your membership will be increased in accordance with our notice.
12.2 Price drops are valid exclusively at the gym highlighted. The price given is the lowest price available and may apply to off-peak or standard monthly memberships – please see the individual club page for more details.
13. PROMOTION TERMS
13.1 We reserve the right to end any promotion at any time without warning.
13.2 Any promotional rates will expire at the end of the promotional period provided in the promotional material. Members wishing to renew a membership plan or extend an existing plan on a rolling basis will do so on standard rates applicable at the time.
13.3 Members may not apply more than one promotional offer, discount code or other offer when purchasing a membership plan.
14. ACCESS CONTROL
14.1 For all membership plans other than junior membership plans, we will provide you with a unique QR access code via our app when you become a member which will provide you with access to the gym. You may not enter the gym or use any of its facilities without using this QR access code, and it is prohibited for members to allow others to gain entry to the gym without using their own QR access code, whether such other individuals are members, non-members or others.
14.2 Junior members will gain access only when authorised by a member of staff and when accompanied by a principal member. Access to the gym will be granted to junior members only from Monday to Friday 6am-10pm, and weekends 8am-8pm.
14.3 Access All Areas members will be supplied with a personal RFID fob and shall comply with any additional provisions issued separately by the gym.
15. PRIVACY
15.1 Any personal data we collect from you will only be used by us in accordance with Data Protection Legislation in force. We will hold your personal data and in the case of your biometric data, “special category data” as defined under the EU General Data Protection Regulations 2018 (“GDPR”). The processing and storage of this data is detailed in our privacy policy which can be accessed on our website at www.vhf.co.uk/privacy-policy/.
15.2 Under the GDPR we are required to obtain your explicit consent to process special category data. If you do not consent to us processing your data for this purpose then we will not be able to grant you access to the gym and your membership will be cancelled. All monies paid to us will be fully refunded within 14 days of cancellation using the same means of payment you used for the initial transaction.
16. EQUIPMENT AND FACILITIES
16.1 All gym equipment is inspected and tested on a regular basis and in any event no less than once a month. We further have maintenance carried out as required to ensure all equipment is available for use.
16.2 If you become aware of any damaged or defective equipment you must immediately cease using such equipment and inform a member of our staff.
16.3 We may be required to withdraw equipment at any time and for any reason including, but not limited to, maintenance, repair, and/or modification.
16.4 Equipment and facilities are made available subject to a first-come, first served, basis.
16.5 In the event that you misuse, abuse or fail to exercise reasonable care when using the gym and our equipment which results in the gym and our equipment, or any part of our gym and equipment becoming broken or damaged in any way, we reserve the right to charge you for any costs that we incur in restoring, repairing, replacing, reinstating or otherwise making good any damage caused. For the avoidance of doubt, any misuse or abuse of our gym and/or its equipment may lead to a cancellation of your membership without notice in accordance with paragraph 11.2.5.
17. CAR PARKING FACILITIES
17.1 Where we provide car park facilities for members this is to be used only when you are using the gym and subject to the availability of spaces.
17.2 Extended parking beyond your use of the gym is strictly prohibited. Our car parking facilities are owned and/or managed by third-parties who secure the site overnight. Any parking which extends beyond the gyms’ opening hours will be held overnight until such car parking facility re-opens (including any extended closures due to weekends and bank holidays). We accept no liability for any loss, damage, unavailability, access or restrictions to vehicles howsoever caused which may result from your use of any car parking facilities provided by us.
18. CHANGING FACILITIES
18.1 Separate changing rooms and showers are provided for men and women. We ask that you respect the changing areas and leave them clean and tidy after use.
18.2 Lockers are provided free of charge for members use. They are available on a first come, first served basis. Your membership does not guarantee the use of a locker.
18.3 You must bring your own padlocks to secure your locker, should you wish to use this facility. When available, padlocks are available for purchase from reception.
18.4 Lockers must only be used while you are using the gym. You are not permitted to store or leave items in lockers over-night. We reserve the right to remove padlocks from any lockers that remain locked at the end of the day and any items remaining in the locker will be placed into the lost and found property box. We will not be liable for any loss or damage to your padlock, or the items left in the gym lockers.
18.5 We accept no liability for any loss or damage, which may result from your use of the changing facilities or lockers except if it is due to our or our staff’s negligence.
18.6 Changing rooms are checked at the end of every day and any personal items found left in them will be placed into a lost and found property box for 28 days at reception. After this time, if the items are left unclaimed, they will be either donated to a local charity or disposed of.
19. CCTV
19.1 We operate CCTV throughout the gym to help us ensure a safe environment for all our members and for the purposes of crime detection and prevention. Full details on our use of CCTV can be found in our CCTV Policy, which is available to view at: www.vhf.co.uk/cctv-policy/.
20. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
20.1 Subject to paragraph 20.4, we will not be liable for any personal injury, damage or loss to personal property.
20.2 We only provide our gym equipment and facilities to you as a consumer for your personal and private use/purposes. We make no warranty or representation that our equipment and facilities, are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale).
20.3 We will not be liable to you for any reason any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
20.4 Nothing in these Terms and Conditions is intended to or will exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
20.5 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under:
20.5.1 the Consumer Rights Act 2015;
20.5.2 the Regulations;
20.5.3 the Consumer Protection Act 1987; or
20.5.4 any other consumer protection legislation as that legislation is amended from time to time.
20.6 If your use of, access to or availability of our gym is affected by an event outside our control, then we will contact members as soon as possible to let them know and will take steps to minimise the effect of this on you.
21. CHANGES TO TERMS AND CONDITIONS
We may, from time to time, change these Terms and Conditions at our discretion without giving you notice, although we will use our reasonable endeavours to inform you in advance or as soon as is reasonably possible thereafter of any such changes by posting a written notice on our website and on the gym’s notice board.
22. REGULATIONS
We are required by the Regulations to ensure that certain information is given or made available to you as a consumer before we make our agreement with you (i.e. before we accept your application for membership) except where that information is already apparent from the context of the transaction. We will ensure that the information will be made available to you before we accept your application for membership. All information provided will form part of the terms of our agreement with you as a consumer.
23. INFORMATION
Subject to paragraph 22, all of the information contained in our Terms and Conditions, Health Commitment Statement, Membership Plan (including Junior Membership Plan where applicable), Code of Conduct and payment/fee information provided to you on-line during our sign-up process will form our agreement with you as a member.
24. NOTICES
Any notices to cancel or renew your membership must be given in one of the following ways:
(a) In person, at one of our gyms; or
(b) By email, sent from the email address you registered with us, to the gym which your membership is with, namely:
E: [email protected] or
(c) By Phone to the gym which your membership is with:
T: for Gateshead gym 0191 447 6919
T: for Cramlington gym 01670 434232
We can only process cancellation requests from our members and not cancellations made by a third party on behalf of the member.
25. COMPLAINTS
We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about our facilities, services or any other complaint about the gym or any of our staff, please raise the matter with Mark Clauzel who can be contacted by email at: [email protected].
26. NO WAIVER
Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this agreement that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide access to the gym, we can still require you to make the payment at a later date.
27. SEVERANCE
If a court finds part of this agreement illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
28. ASSIGNMENT
We may transfer the benefit of this agreement and our rights under it to a third party. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this agreement.
29. LAW AND JURISDICTION
We will do our best to resolve any disputes over this agreement. If you wish to take legal action against us, you must do so under English Law.