easyGym

easyGym Membership Agreement

 

These Terms and Conditions set out the whole agreement between you and
us for the supply of services and constitute an agreement between you and
us. Please ensure that you read and understand these Terms and Conditions
because you will be bound by them.

 

i. “Club” means a facility owned and operated by a corporate entity or an independent franchisee trading as easyGym.
ii. “Club Rules” means the rules and regulations governing the use of an easyGym Club.
iii. “Home Club” means the Club to which you applied for membership.
iv. “easyGym” “us” “we” and “our” means a corporate entity or an independent franchisee trading as easyGym.
v. “Member” “you” and “your” means the person whose name appears on a membership and/or the person paying for membership at any corporate-owned or franchise-owned site, whether that membership is paid for or complimentary.
vi. “PAR Questionnaire” means the Physical Activity Readiness Questionnaire or Health Waiver or Health Agreement Declaration completed or agreed to by you online.
vii. “PIN” means personal identification number, access management app, token or other mechanism for individual entry to the Club.

 

1. MEMBERSHIP OPTIONS

 

i. A monthly membership entitles you to full use of the facilities of your Home Club on a monthly basis subject to section 5 below.
ii. A Day Pass entitles you to full use of the facilities for one day only (ending at 23:59 on the date specified) at your Home Club subject to section 5 below.
iii. If available, an annual prepaid membership entitles you to full use of
the facilities of your Home Club for a 12-month period subject to section 5 below.
iv. If available, a prepaid membership of any other duration entitles you to
full use of the facilities of your Home Club for the period specified subject to section 5 below.

 

2. YOUR MEMBERSHIP

 

i. You must be a minimum of 16 years to join an easyGym Club. Members under 18 years of age must tell a member of staff and complete an induction with a member of the easyGym team before using the club for the first time.
ii. You must complete the PAR Questionnaire also known as the Member Health Declaration or studio waiver before you start using your membership and, by completing the PAR Questionnaire or Member Health Declaration, warrant to us that you have no known condition or are undergoing any treatment that would prevent you from being capable of physical exercise in all material respects.
iii. On entry into this Membership Agreement, and every time you enter a Club during your membership, you warrant and represent to easyGym that you have no medical conditions known to you that would mean that you are not capable of all forms of exercise and that such exercise will not be detrimental to your health. Your health and wellbeing are your sole responsibility. If in doubt, it is your sole responsibility to consult a medical practitioner and/or to cancel your membership.
iv. Your membership allows you to access your Home Club in accordance with the type of membership option that you have selected as set out above.
v. We may assign the benefit of your Membership Agreement or the ownership of your Home Club to another operator, firm or company at any time without giving you notice.
vi. Your membership applies to you personally: you cannot lend, assign or transfer it to another person.
vii. We reserve the right to make or change minor points or amendments in your Membership Agreement without notice to you.

 

3. PAYMENT OF FEES

 

By completing the online application form and agreeing to be bound by these Terms and Conditions, you agree to pay all easyGym membership and other fees on time and in full.
i. In addition to your daily, monthly, or annual membership fees, extra add on packages or other membership fees (which vary between Clubs), we may also charge you a Joining fee. We may also charge you a Joining fee. This Joining fee will be displayed on the website and is non-refundable.
ii. In addition to the Joining Fee and the Membership fees, we may also charge fees for \ classes, personal training, locker rental, beauty therapy, tanning and/or any other services the Club may provide from time to time. These fees may vary between Clubs.
iii. Paying by monthly Direct Debit: The Joining Fee and your first month’s membership fees will be taken immediately and are non-refundable under any circumstances, with the exception of the Direct Debit Money Back Guarantee. Your second and subsequent Direct Debit for monthly membership fees will be collected from you within seven working days of the monthly anniversary date of your membership application, unless you joined prior to your gym opening, in which case they will be collected within seven working days of the monthly anniversary of the gym opening date. Subsequent Direct Debits for monthly membership fees will be collected monthly thereafter, within five working days of your monthly anniversary date. Each payment made is not refundable under any circumstances.
iv. Paying monthly by card: The Joining Fee and your first month’s membership fees are due immediately and will be taken as soon as you complete your online membership and are non-refundable under any circumstances. Your second and subsequent payment will be collected from you on the monthly anniversary of the date of your membership application, unless you joined prior to your gym opening, in which case they will be collected one month after the gym opened.
Subsequent Direct Debits for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.
v. Prepaying daily by card: daily memberships for a specified day can be prepaid via credit or debit card on the website.
vi. Prepaying annually: If available, annual membership can be paid via credit card, debit card or direct debit. If you have chosen to prepay for annual membership via Direct Debit, the above applies except the collections will cover a 12-month period and subsequent Direct Debits will be collected on the annual anniversary of membership.
vii. Your membership fees are subject to periodic increases and we reserve the right to pass on any changes in the rate of VAT to you. Fees will normally be reviewed on an annual basis, but circumstances may dictate an earlier revision. You will normally be given one month’s notice of any fee change. Membership dues for prepaid annual memberships will be reviewed only on renewal.
viii. All payments made are non-refundable under any circumstances, except in relation to the Direct Debit Money back Guarantee.
ix. You have the right to cancel this Agreement within 14 days of the start of this Agreement. You may contact us to cancel the Agreement. The cancellation period will expire 14 days from the day you accept these terms. easyGym will deduct the charge of any joining fee that you paid and one-day pass for the number of days you visited the gym during the 14 days, limited to the total membership fee that you paid.
x. Access to the facility will be revoked if payment fails.

 

4. FACILITIES AND SERVICES

 

In order to gain access to our Clubs you must use the appropriate access method (biometrics, card, app, token, or PIN) required at your Home Club.
i. You must not share your access or permit its use by anybody else. You are responsible for keeping your access information secure and confidential at all times. Access is monitored and users may be asked to provide identification.
ii. Should we believe that your access information has been used by another individual or individuals, with or without your knowledge and/or consent, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have : (a) to apply a penalty charge to your membership fees, calculated as being equal to the daily membership charge at the time of use for each occasion on which your access information was used by anyone other than yourself; and/or (b) cancelling your membership with immediate effect with no refunds given.
iii. If we have reasonable grounds to believe that you knowingly provided your access information to another person, or allowed unauthorised entry following your entry to the gym, we may hold you responsible for the conduct of the individual(s) while on our gym premises, and you will be liable for any loss we suffer as a consequence of that conduct.
iv. You must not enter the club without using the access system at any time for any reason. Failure to comply will result in the immediate cancellation of your membership.v. Some of our gyms may have a biometric access system which requires you to scan a membership card along with your finger, which you need to enrol to your card on your first visit. The fingerprint is not an image, but a converted number based on matrix points. This matrix is stored on the card only and encrypted.
vi. If your Home Club requires a card or token to access the club, you must bring this with you every time you enter the facility. If you have lost your card or token, a member of the easyGym team can help you purchase a new one.
vii. You acknowledge that to provide the highest standards of facilities, each Club may need to close certain facilities or all facilities temporarily for decorating, cleaning, essential repairs or maintenance of equipment and special events, that this may disrupt the provision of services to you and you agree that such disruption shall not amount to a breach of this agreement by us. We will do our best to let you know of such closures in advance, unless the problem is urgent or an emergency. We will attempt to keep such closures 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.
viii. Opening hours are subject to change and we will normally provide one month’s written notice where reasonably practicable.

 

5. CLUB USAGE

 

You must familiarise yourself with the Club Rules before you use each Club.
The Club Rules are displayed in the reception of each Club and on easyGym.co.uk. We may cancel or suspend your membership without notice if you break one or more of these rules.
i. Members must secure their personal belongings on their person or place and secure them in the lockers provided whilst using our facilities.
Your property is brought into the club entirely at your own risk. easyGym takes no responsibility for lost or stolen items.
ii. You are responsible for ensuring that you correctly operate or use any facilities and/or equipment (including adjusting levels or settings) which we provide. If you are in any doubt about how to correctly operate any equipment, you must consult one of our representatives before use.
iii. You acknowledge that, from time to time, your Home Club may be unmanned. If there is an emergency while the Club is unmanned, you must utilise the emergency help button provided to call for assistance. You are solely responsible for your health and safety during all visits to the club, and are advised to exercise extra caution when the club is unmanned.
iv. Personal Trainers
a. Personal Trainers operate in our clubs on a self-employed basis.
Any service they provide to you constitutes a contract between the Personal Trainer and you, rather than easyGym. We accept no responsibility for breach of contract or negligence caused by a Personal Trainer.
b. We will not be liable or responsible for outstanding monies paid to a Personal Trainer. Personal Training is arranged between you and the Personal Trainer and not with us.
c. easyGym does not allow any personal training to be done in the club by anybody that is not part of the easyGym self- employed personal training team. Any members suspected of personal training will have their membership cancelled.

 

6. DATA COLLECTION

 

In the course of your membership, easyGym may collect certain personal information about you including personal details, financial details and information about your health. We will use this information for purposes including managing your membership and communicating with you.
i. You are able to opt out of such communications by contacting us in writing. However, we communicate primarily by email or app with our members. If you do not allow this communication, you may miss vital information regarding the facilities or your membership. It is your responsibility to ensure our emails are not directed to junk/spam, that we are on a whitelist, and that you have opted-in to communications from us regarding your membership so you receive this information. You have the duty to keep your personal information up to date and to inform us of any significant changes.
ii. We will limit access to the processing of and use of your personal information to our employees and management who may, from time to time, require its use for marketing or other services. In addition, from time to time, we may need to make your personal information available to third parties such as legal authorities, our group companies and professional advisors.
iii. Please contact camberwell@easygym.co.uk if you have any questions or concerns about how easyGym will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information. Our customer services team will then direct you to the correct contact person or franchisee.
iv. We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes.
v. As a member of easyGym, you acknowledge that you have read and understand the provisions of this section 6 and that you agree that easyGym may collect, use, process and disclose your personal information as described.

 

7. CANCELLATION

 

i. You may cancel your membership at any time after the payment of the first month’s fees and the joining fee. Please note that you must cancel at least 28 days before your next payment, to ensure that no further payments will be taken.
a. If you pay by Direct Debit, you need to cancel the Direct Debit direct with your bank, and they will inform us.
b. If you pay by debit card or credit card and wish to cancel, then please email camberwell@easygym.co.uk with your full name, date of birth, email address you used to sign up, and the gym you are a member of.
ii. We may cancel your membership without notice if:
a. You commit a material breach of this agreement including, but not limited to: a breach of the Club Rules, abuse or threatening behaviour or vandalism or other illegal activity.
b. You have breached any terms and conditions of this agreement; or
c. Membership fees or other charges remain unpaid 7 days after the due date and such a breach is not remedied by you within 7 days, after being notified by us.
d. Your Home Club permanently ceases operation. In these circumstances, we would consider providing a pro-rata refund for membership fees already paid in respect of any period after the closure date.

 

8. REFERRAL COMPETITIONS

 

If easyGym runs a referral competition, no alternative prize is available, and any prize is not transferable. There is no cash equivalent.
i. Competitions are open to all members aged 16 or above. For some competitions, winners under the age of 18 may be required to provide written consent of a parent or legal guardian to receive the prize.
ii. To qualify for the offer, each friend must enter your unique referral code into the referral code box at the time of joining. No amendments can be made after they have joined. There is no limit to how many times you can enter – each friend you refer is one entry.
iii. Closing date is midnight on the end date given for each competition. Both yourself, and the person you referred, must hold an active membership at the time the winner is drawn.
iv. Winners will be drawn at random from all entries and will be notified within 14 days. Winners agree to use of their name and a picture of them receiving the prize to be used in any promotional activity referring to the competition.

 

9. PROMOTIONS

 

i. If a free day pass promotion, or other promotion, is available, the promotional code entitles new members to a Day Pass at their chosen club without charge. Sign up required at easyGym.co.uk. Offer not available to existing members or re-joiners. easyGym reserves the right to withdraw this offer at any time either in full or by site.
ii. If a No Joining Fee offer is available, the joining fee will either be automatically removed from check-out at sign up, or the member will need to enter a code to discount the joining fee. Failure to do so may result in the joining fee being charged and no refunds will be made.
easyGym reserves the right to withdraw this offer at any time either in full or by site.

 

10 FORCE MAJEURE

 

For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of easyGym including, but not limited to, strikes, lock-outs or other industrial disputes (whether involving easyGym orany other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, pandemic, or default of suppliers or subcontractors.
i. easyGym shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force
Majeure Event. Membership billing may continue as normal during any closure related to a Force Majeure event.
ii. If the Force Majeure Event prevents easyGym from providing any of the services for more than 90 days, easyGym may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you.
iii. In circumstances where we are required to close or reduce facilities due to a Force Majeure Event, you agree to continue payment of the Monthly Membership dues, and no refunds for all, or part of, your membership fees will be due.

 

11. GENERAL

 

Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
i. This agreement is governed by the law of England and Wales .
ii. Where a provision of this agreement is deemed to be invalid or unenforceable by any English Court, the provision will be deleted butsuch deletion will not affect the validity and enforceability of the remaining provisions.
iii. We may assign or transfer the benefit of this agreement and/or our obligations under it, to any other legal entity at any time without notice to you.
iv. All and any Intellectual Property Rights in, arising out of, or in connection with the services provided or in relation to this agreement shall be owned by easyGym.
v. Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
vi. Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.