1. Definitions:
1.1 The Club: Fitness 4 Women.
1.2 The Club Rules: The rules and regulations of the
Club, as amended
from time to time. A copy of the Club rules will be supplied
to you with your
application for membership and further copies will be made
available on
request.
1.3 Gym Access:
A QR Code shall be
issued to all members upon joining the Club to be
used to gain entry to the Club. The QR Code is not
transferable and any
members allowing their QR Code to be used by another person
is in serious
breach of these Membership Terms and Conditions and will
entitle the Club
to terminate membership without notice in accordance with
Clause 7 above.
Club Rules:
1.4 Commitment Period: The minimum term you are
committing to remain a
member of the Club from the Start Date of to the commitment
(12-month period end date – or after your one calendar months’ notice period is
complete - subject to extension if your membership is suspended).
2. Membership:
2.1 By signing this Membership
Application Form the member agrees to
comply with these Terms and Conditions of Membership and the
Club
Rules.
2.2 You will only be
permitted to use the Club facilities provided your
membership is current and fully paid up or you have made
payment
arrangements acceptable to the Club.
3. Duration:
When you join the
Club you are agreeing to remain a member for the
Commitment Period. If
you choose to pay your membership fees monthly,
your Club membership will continue automatically after the
Commitment
Period end date at the fee rate applicable to your
membership type and
category of membership at that date, but subject to
termination in
accordance with paragraph 7.2(b). If you choose to join the
Club by paying
your Commitment period membership fee in advance, your Club
Membership will terminate automatically on expiry of the
Commitment
Period.
4. Fees:
The Club will set the level of fees and will review such
fees periodically.
The Club reserves the right to change the level of fees from
time to time,
but guarantees that your fees will not increase during your
Commitment
Period. For any changes to the monthly fee, we will give you
at least 30
days written notice. The following fees prevail:
4.1 Membership fee;
The level of membership fees shall be determined
according by weather you opt to take out a 12-month
commitment or the calendar month by month option.
4.2 Joining fee; A
joining fee may be payable as specified in your application form. Your joining
fee goes towards your start-up costs.
4.3
Guest user & fee; Each member will be given ONE FREE guest passes to use
each month. The free guest passes can
only be used by different people – once a guest has used a free pass, they
cannot be given another free guest pass (from any member) within 12 months of
the first free guest visit, other members cannot use their free guest passes
with someone who has already been in as a free guest with another member.
A guest fee of £10 in respect of guests of members who wish to visit the Club and use the facilities and has already used a free pass offer with the aforementioned 12-month period.
4.4 Other Fees;
All other fees and prices for the sale of goods at the Club,
locker rental, solarium, cafe/restaurant and any other services
will be set by
the Club from time to time.
4.5 Bank Payment Failures: if your bank fails to make
a due direct debit payment from your account, we will write to advise you of
this. We may apply to your bank for
payment by direct debit twice within one calendar month and
we reserve
the right to refer any missed due payments to a debt
collection agency. We
may charge a fee of no more than £15 for failed direct debit
payments and
of no more than £5 for letters sent to you in respect of
unpaid amounts.
4.6 Should any
membership fees not be paid within 30 days of the due
date, the full membership fee for the remainder of the
commitment period
will automatically become due and payable in full.
4.7 Any unpaid and
overdue membership fees referred to a debt collection
agency will be subject to a surcharge of no more than £30 to
cover the
collection costs incurred. This surcharge, together with all
other charges
and legal fees incurred in the collection of the overdue
membership fees,
will be the responsibility of the member and will be legally
recoverable from
the member.
4.8 We may
charge a reasonable fee of up to £35 for any of the following:
Locker keys, removing or adding Associate members,
changing membership category and transferring memberships.
5. You can only use guest passes when present in the
gym and the member 's membership is not suspended or reduced accordingly.
6. Suspension of
Membership:
A Member may, if she is unable to make use of the Club facilities by
reason of illness or injury, suspend her membership for
one continuous
period of at least 1 month and a maximum of 3 months. A
calendar month written
notice must be given to the Club and the Club shall have the
right to request
a doctor's certificate. A reduced monthly fee will be
charged by the Club
during the suspension of membership. Any suspension during
the
Commitment Period will extend the length of the Commitment
Period by the
length of the period your membership is put on hold. Notice
to terminate
membership cannot run concurrently with a suspension period.
7. Termination:
7.1 Termination by
the Club
We may terminate this
agreement in the following circumstances:
(a) if you commit a
serious or repeated breach of this agreement or the
Club’s rules of membership and the breach, if capable of
remedy, is not
remedied within 7 days of receipt of a default notice;
(b) If any part of
your membership fee remains unpaid 30 days after its due
date for payment, or
(c) If you provide us with details which you know to be
false when applying
for membership and the false declaration would have
reasonably affected
our decision to grant you membership.
If we terminate for
any of these reasons, we reserve the right to retain a
proportion of the money paid under this agreement, to cover
any reasonable
costs incurred.
7.2 Termination by
you
You may terminate
this agreement in the following circumstances:
(a) You can give
notice to terminate at any point during the Commitment
Period but this cannot end your membership before the end of
the
Commitment Period.
(b) You may terminate
your membership by giving the Club at least 1 full
calendar month's notice, so that your membership will
terminate at the end
of the following calendar month after notice was given.
(c) Cancelling your
direct debit instruction for the payment of fees is not
sufficient.
(d) You may terminate this agreement on 1 calendar month’s
notice if you
are unable to use the Club through serious illness or injury
likely to preclude
you from using the Club for a period of least 6 calendar
months. (We will
request reasonable evidence of your illness or injury – e.g.
a doctor’s
certificate).
(e) You may also
terminate this agreement if:
- We permanently reduce the facilities or opening hours of
the Club
- We change the location of the Club; or we close the Club
for refurbishment for a period of
more than 30 days at a time.
- Within the first 14 days of joining the 12-month committed
period membership by handing a written cancellation letter into the club or by
emailing to Fit@fitne4women.com
- Application
Declaration - Before signing please read the terms set out below and above.
8.0 The Club may amend the Club Rules from time to
time in order to ensure
the health and safety of members. Temporary amendments will
be displayed
in the Club. Permanent changes to the Club Rules will only
be made after at
least 30 days notice to members, except in the case of
emergency.
8.1 The Club reserves the right to adjust the
availability of certain facilities or
close the Club on a
temporary basis for the general purpose of cleaning,
decorating, essential repairs, maintenance of equipment,
special functions
and holidays.
9. Restriction of Liability:
9.1 Subject to
paragraphs, the Club will not accept liability for
any loss, damage to or theft of money, valuables or other
personal property
of members and guests. Property stored in lockers provided
by the Club is
stored at the owner's risk and no liability for loss or
damage thereto will be
accepted by the Club.
9.2 Our liability to compensate you for any loss or damage
(in the case of
loss or damage other than death or personal injury) is
limited to a reasonable
amount having regard to such factors as whether the damage
was due to a
negligent act or omission by us.
9.3 The Club accepts liability for damage, accident, death,
personal injury
or other loss sustained by members or guests on the Club
premises to the
extent caused by its negligence or the negligence of its
employees and
agents (during the course of their employment and agency, as
appropriate)
unless that failure is attributable to:
(a) Your own fault
(b) A third party unconnected with our provision of services
under this
agreement or
(c) Events which
neither we nor our supplier could have foreseen or
forestalled even if we had taken all reasonable care.
10. Health &
Safety:
Members must read all
Health and Safety notices displayed in the Club and
comply with their recommendations.
11. Sale of Club:
In the event of the
sale or disposal of the Club to another company or to any
other person we may transfer your membership to the new
owner and you
will continue as a member of the Club and continue to pay
your membership fees provided no changes to these terms or the Club rules
having a material adverse effect on your use of the Club are made by the new
owner. Any such disposal will not affect your contractual or statutory rights.
12. Notices:
Notices from you to
the Club must be in writing and addressed to the general
manager at the Club. The Club reserves the right to require
evidence of
posting or delivery where it has no record of receipt or the
date of any notice
appears inconsistent with the date of receipt. In these
cases, the notice will
be deemed not given unless such evidence is produced. Any
notice handed
to the Club must be receipted. Notices from the Club to you will
be posted to
you at your address in the membership records (or, where
these terms
permit, displayed on notice boards at the Club).
13. PRIVACY NOTICE
- By completing you application form you agree and accept that we may gather,
process, store and/or use the personal data you disclose for the purpose of
providing you with the services defined in this membership agreement.
(a) Privacy Notice
Fitness 4 Woman is committed to protecting your privacy.
This Privacy Notice explains our data processing practices and your options
regarding the ways in which your data is used. If you have any requests
concerning your personal information or any queries with regard to our
processing, please contact us at
(b) Use of your
information and your preferences
Fitness 4 Woman will only process (collect, store and use)
the information you provide to us in a manner compatible with the EU’s General
Data Protection Regulation (GDPR). We
are committed to ensuring that the information
we collect and use is appropriate for the purposes listed
below and does not constitute an invasion of your privacy. We are also committed to applying rigorous
security measures when managing your data to minimise the risk of
unauthorised access or disclosure
14. Consent
By taking out a
membership, filling in a contact form on our website, or using a mobile app we
provide to you, you agree and accept that we may gather, process, store and/or
use the personal data submitted in accordance with the terms
set below. If you are under the age of 16, For Fitness 4
Woman will not collect or process your details unless we have also received the
consent of an adult who has parental responsibility for you.
15. Personal Data Collected
Identity and contact details of
the data processor collected by us and stored via our website or mobile app is
processed on our behalf by Club Right Ltd , Unit 4 Radford Business Park,
Radford Way, Billericay, Essex, CM12 0DP Company Reg: 08046467.
Your data is stored in the
UK. From time to time, it may be made
visible to employees of Club Right Ltd. purposes of software support. The data
processor and group companies belonging to it are required by us to process
your data in strict compliance with the GDPR.
16. Purposes of processing and legal basis
The principal purpose
of collecting your personal data is to provide you with the services defined in
your membership agreement. To this end, you agree and accept that we may use
your personal data to:
• Contact you in
respect of your membership
• Manage your club
access
• Facilitate member
rewards (if applicable)
• Resolve any
problems you may have and improve our service to you
• Comply with our
legal and regulatory obligations
We use the personal
data submitted to us only in accordance with the applicable data protection
legislation. Our employees and third-party providers are under an obligation to
respect your data privacy.
17. Marketing
If you consent, we
may send you marketing information by e-mail or SMS about products and services
which we believe may be of interest to you.
We will always provide the ability to review or change your preferences
or unsubscribe
from marketing information with immediate effect. You can
also make your request via e-mail to fit@fitnes4woman.com
18. Data we collect
When you take out a
membership with us, the following personal data may be collected and processed
in accordance with the purpose and legal basis described above and may include:
name, address, contact details (including e-mail
and mobile phone number), gender, date of birth, attendance
history, marketing preferences and bank details for billing. Some data is collected automatically through
using our web site.
Certain features of
our mobile app may connect to your social networking sites to enable you to
follow or be followed by other members of For Fitness 4 Woman. As a result, For Fitness 4 Woman may process
information from your
social networking profile, but only if you consent to allow
your social networking site to make information available to the app. You
understand that, by creating an account for the mobile app, For Fitness 4 Woman
will be able to
identify you by your profile.
18. Obtaining or changing your details
For Fitness 4 Woman
can confirm to you the details of any personal data we hold about you and how
it is processed on your request. You may
also ask us to correct or delete personal information we hold about you at any
time, so
long as this information is not required in order to fulfil
our service to you.
For more information, request your details or advise us of
any changes, please either:
• Send an email to
fit@fitnes4women.com or -
• Write to us at:
Fitness 4 Woman, St Ann’s Well Road, Nottingham, NG3 3HR.
We may require that
your request be accompanied by a photocopy of proof of identity or authority,
such as a driving license or passport. Mobile app users are able to maintain
some of their personal data directly.
Note that if your account is in arrears you will be unable to use this
functionality and you will be directed to contact us accordingly.
19. Third party disclosures
Your information may
be passed to and used by all For Fitness 4 Woman companies. Your personal data is also passed to our data
processor for the purpose of providing our services to you. Your data will not be shared with any other
third-party service providers without obtaining your prior consent. Any third
parties that we may share your data with are obliged to keep your details
securely, and to use them only to fulfil the service they provide you on
our behalf. When they no longer need your data to fulfil
this service, they will dispose of your details in line with For Fitness 4
Woman procedures.
We will never pass your personal information to anyone else,
except where we are required or permitted to do so by law, for any successors
in title to our business and suppliers that process information on our behalf
both in the UK and
abroad. We may also use and disclose information in
aggregate (so that no individual customers are identified) for marketing and
strategic development purposes.
20. Cookies
A cookie is a small
amount of data, which often includes a unique identifier that is sent to your
computer browser from a website's computer and is stored on your device's hard
drive in the form of a text file.
3.7.1 How do For
Fitness 4 Woman use cookies?
Cookies are used to
control an online session and provide security such as a time-out function. For
Fitness 4 Woman only issues session specific cookies which store no personal or
transactional data.
21 Third Party Cookies: Google Analytics
For Fitness 4 Woman may use Google Analytics
for SEO purposes and to improve their online marketing efforts. For a detailed
explanation of how Google Analytics cookies work please visit:
https://developers.google.com/analytics/resources/concepts/gaConceptsCookies
21(a). Other web
sites
Our web site may contain links to other web sites which are
outside our control and are not covered by this Privacy Notice. If you access
other sites using the links provided, the operators of these sites may collect
information from you which will be used by them in accordance with their
privacy notice, which may differ from ours.
22. Data Retention Period
As a prospective
member that has consented for us to contact you, For Fitness 4 Women will
retain your data for up to 12 months, unless you notify us that you no longer
wish to be contacted. If you join us,
For Fitness 4 Women
will retain your data for as long as you are a member. On termination of your membership, your
personal data will be stored for a maximum period of 6 years for the purposes
of responding to you in the event of any future indemnity claim
that may arise. After
this period, your personal data will be anonymized so you can no longer be
identified from the information we hold.
23. Your rights as
a data subject
At any point while we
are in possession of or processing your personal data, you, the data subject,
have the following rights:
a) Right to be
informed – you have the right to know how your personal data is being used
b) Right of access –
you have the right to request a copy of the information that we hold about you.
c) Right of
rectification – you have a right to correct data that we hold about you that is
inaccurate or incomplete.
d) Right to be
forgotten – in certain circumstances you can ask for the data we hold about you
to be erased from our records.
e) Right to
restriction of processing – if you believe the basis for processing your data
as described in section 3 of this notice no longer applies or if you contest
the accuracy of the information, we hold about you, you have a right to
request restrictions to the processing of your data.
f) Right of
portability – you have the right to have the data we hold about you transferred
to another organisation.
g) Right to object –
you have the right to object to certain types of processing such as direct
marketing.
h) Right to object to
automated processing, including profiling – you also have the right to not be
subject to the legal effects of any automated processing or profiling.
Note that if For Fitness 4 Woman refuses a request from you
under rights of access, we will provide you with a reason as to why. Finally, if a data breach occurs which
compromises your personal data, you have a right to be informed within 72 hours
of us first becoming aware of the breach.
24. The Right to
Complain
If you believe that your data is being processed unfairly or
you have any other concerns about the way that
For Fitness 4 Women or it’s designated processor is handling your data,
you have the right to complain to the Information
Commissioners Office (ICO). Please visit www.ico.org.uk for
more information.
25. Privacy Notice
Changes
Contact Us
If you have questions
relating to this privacy notice, you can:
• Send an email to Fit@fitnes4women.com
or -
• Write to us at: St
Ann’s Well Road, Nottingham, NG3 3HR.
26. Club Rules
To help keep the atmosphere and create a respectful
environment for all members we politely request that the following rules be
observed.
OPENING HOURS
The Club's opening hours, as amended from time to time, are
displayed at reception.
Members must ensure they cease use of the Club facilities at
least 30 minutes before the Club closes to allow adequate time for showering
and dressing.
GUESTS
Admitted on payment in advance of the Guest Fee. Guests must
book with the Club in advance. Members must always accompany their guests and
members shall not leave the Club premises before their guests. All guests must
sign the guest book and the appropriate Physical Activity Readiness
Questionnaire ParQ.
The Club reserves the right to refuse admission to a guest
for reasons of health and safety or if the proposed guest has previously not
complied with Club rules.
FITNESS AREAS
Club approved footwear and clothing must be worn at all
times. Access to the fitness areas may be limited in the event of classes or
pre-organised sessions.
Details of these will be posted on Club notice boards.
SAUNA/STEAM ROOM
Members must ensure they are aware of the age restrictions
(as displayed on Club notice boards, or as instructed by staff) applying to the
use of the
Sauna/Steam Room by minors. Minors must be supervised by an
accompanying adult at all times unless otherwise permitted by the Club.
Members and Guests must shower after using the Sauna and
Steam Room and before using the Swimming Pool. Shaving and exfoliating are not
permitted in the Sauna
or Steam Room.
CHANGING ROOMS
All adults allowed in the changing room must be female and
have reached the age determined by the Club. Ask Club staff if you have any
questions on this point.
LOCKERS
For security reasons, Members and Guests are asked to store
personal belongings in the lockers provided. All usage of lockers is governed
by the
membership terms and conditions. Lockers are provided on a
daily basis only, and items left overnight will be removed on the following day
and treated as
lost property.
LOST PROPERTY
All lost property
found on the premises should be handed in to the Club reception. Items whose
ownership cannot be identified will be stored by the Club for
six weeks and then donated to local charities. Items which
appear valuable may be sold with the proceeds donated to charity.
SAFETY AND HYGIENE
In the interest of Safety and Hygiene, no crockery or
glasses are allowed in the changing rooms, fitness areas, dance studios,
swimming pool and other activity areas. No pets will be allowed in the Club
premises, with the exception of guide dogs. Entry to the Club is only permitted
at the Club reception and entrance. Fire exits, which are clearly marked, are
there in the interests of safety and members and guests must not interfere with
these doors for any reason. In the event of an emergency evacuation, members
and guests must immediately make their way in an orderly fashion to the nearest
available exit.
BEHAVIOUR
If any member shall
cause nuisance or annoyance to other members, guests or Club staff, or misuse
the Club facilities, or breach any etiquette guidelines or generally behave
inappropriately, the Club reserves the right to refuse admission or suspend or
terminate membership. In particular, abusive language, threatening or violent
behaviour will not be tolerated. All minors using the Club must be supervised
by an accompanying adult at all times. No photography (including the taking of
images through a mobile phone or camcorder) is allowed in any area of the Club.
COMMENTS AND
COMPLAINTS
Please refer to any comments or complaints to a member of
the Club staff. Written complaints must be addressed to the Club General
Manager.
GENERAL
No food or drink, alcoholic or otherwise, or illegal
substances may be brought into and consumed within the Club or its
grounds.
The Club is a non-smoking environment.