MSB FITNESS LTD T/A GYM PROJECT GYM TERMS AND CONDITIONS
These Terms and Conditions shall apply to the use of the facilities and services provided by
– Company’s legal name – MSB Fitness Ltd TA Gym Project
– Company’s place of registration – Cornwall
– Company’s registered office address – Redwood, Helford Passage, TR11 5LD, UK
– Company’s registered number – 8951466
– Company’s trading address – Unit 2 Falmouth Business Park, Bickland Water Rd, Falmouth, TR11 4SZ
by members and other users thereof.
- Definitions and Interpretation
1.1 – In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Gym: means MSB Fitness Ltd TA Gym Project and reference to the Gym shall include reference to any and all facilities and services provided thereby and all staff thereof;
Members: means members of the Gym;
Membership: means a membership of the Gym;
Membership Fees: means the fee(s) due for Membership; and
Membership Plan: means a grade of Membership as determined by the Gym.1.2 – Unless the context otherwise requires, each reference in these Terms and Conditions to:1.2.1 – these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;1.2.2 – a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions; and1.3 – The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 – Words imparting the singular shall include the plural and vice versa.
1.5 – References to any gender shall include the other gender.
2.1 – In order to use the Gym an active Membership is required unless visiting as a guest.2.2 – Membership shall be in accordance with a Membership Plan. A Member’s use of the Gym must always be in accordance with their Membership Plan.2.3 – The following Membership Plans are available:2.3.1 – Monthly
2.3.2 -3 monthly
2.3.3 – 6 monthly
2.3.4 – Annually
Details of available Membership Plans may be obtained from gymproject.co.uk.
2.2 By entering into a Membership you agree to the terms and conditions of membership.
2.4 – Membership Plans may be upgraded at any time and Membership Fees due shall be increased accordingly.
2.5 – Membership Plans may not be downgraded within the first 3 months of the Membership.
2.6 – In the event that a Member wishes to downgrade their Membership Plan, any such downgrade is at the Gym’s discretion and, if permitted, will be subject to a downgrade fee of £5
2.7 – Where a new Membership Plan is chosen, the new Membership Plan shall replace the original Membership Plan and shall commence as a new Membership Plan and run for the full normal duration of that Membership Plan (for example, 12 months).
2.8 – Membership may be cancelled at any time following the first month of Membership.
2.9 – Membership may be suspended in the event of long-term illness, injury or pregnancy. Members wishing to suspend their Membership should inform the Gym of the same no later than 2 weeks prior to start of the month in which they wish the suspension to take effect (for the purposes of this sub-Clause 2.9, “month” refers to a membership billing period and not necessarily a calendar month).
2.10 – The Gym may require a medical certificate, doctor’s note or similar proof of illness or other incapacity for suspension under sub-Clause 2.9.
2.11 – Membership may be suspended for reasons not covered by sub-Clause 2.9. Non-medical suspension may be for a minimum period of 1 month up to a maximum period of 6 months. During such suspension, normal Membership Fees shall be replaced with a charge of £20 per month.
2.12 – Periods of suspension under sub-Clauses 2.9 and 2.11 shall not form part of the term of the Membership. For example, a Member with 8 months left of their Membership taking a 2 month suspension will still have 8 months remaining following the end of the suspension.
2.13 – Membership cannot be transferred to another person.
- Membership Fees and Payment
3.1 – Membership Fees are payable on a monthly basis.3.2 – Membership Fees may be paid using the following methods:
3.2.1 – Debit Cards
3.2.2 – Credit Cards
3.2.3 – Cash
3.2.4 – Direct DebitIf Membership Fees are paid by Direct Debit and a Member wishes to change their bank or the account used to pay, the Member must inform the Gym of the new bank details and the date on which they wish the change to take effect.3.3 – The number of Membership Fee payments required shall be determined by the Membership Plan.3.4 – Subject to suspension of Membership under sub-Clauses 2.9 or 2.11, Membership Fees shall be payable throughout the Membership irrespective of the Member’s use of the Gym.
3.5 – Failure to make timely payment of Membership Fees shall result in a late payment charge of £15.
3.6 – Members may be denied access to the Gym whilst any Membership Fees or other sums due remain outstanding.
3.7 – In the event that Membership Fees remain unpaid for a period of more than 3 months, the Gym may refer the matter to a third party debt collection company.
- Gym Rules
4.1 – All Members shall abide by the Membership Rules at all times when using the Gym. Failure to do so may result in the suspension or termination of Membership.4.2 – Members are responsible for their own state of health, physical condition and wellbeing at all times.4.3 – Members may only use the equipment and facilities provided by the Gym in the correct manner and must not use the same in any manner which constitutes a health and safety risk either to themselves or to others.4.4 – Members should not attempt to use any equipment or facilities until they have been instructed in the correct use of the same by a suitably qualified instructor.4.5 – If a Member has any medical condition or is taking any medication which may affect their ability to exercise or use any equipment or facilities provided by the Gym in any way, they must inform the Gym of the same and act in accordance with any instructions provided as a result.
4.6 – Members are required to carry a towel with them when using the Gym and should wipe down equipment after use.
4.7 – Members should not use the Gym when under the influence of alcohol or illegal drugs.
4.8 – Members should not use the Gym immediately following a heavy meal.
4.9 – Members should dress appropriately when using the Gym. Outdoor clothing and/or dirty clothing should not be worn and should be stored in the lockers provided in the changing areas.
4.10 – No animals are allowed in the Gym with the exception of guide dogs. If a Member requires the use of a guide dog, the Member should inform the Gym of the same when applying for Membership.
4.11 – No smoking is permitted inside the Gym or anywhere else on the Gym’s property (including outside areas).
- Equipment and Facilities
5.1 – All equipment is inspected and tested on a daily basis. Maintenance is carried out as required.5.2 – If a Member becomes aware of any damaged or defective equipment they should immediately cease using such equipment and inform a member of staff.5.3 – Equipment may be withdrawn at any time and for any reason including, but not limited to, maintenance, repair and alteration.5.4 – Equipment and facilities are available on a first-come-first-served basis
- Car Parking Facilities
6.1 – Car parking facilities are provided for Members only and may only be used by Members when they are using the Gym.6.2 – The Gym accepts no liability for any loss or damage which may result from a Member’s use of the car parking facilities. All such use is at Members’ own risk.6.3 – Membership does not guarantee the availability of a parking space. Parking spaces are available on a first-come-first-served basis.
7.1 – All classes, workshops and similar events provided by the Gym must be booked in advance. No priority is given and places are allocated on a first-come-first-served basis.7.2 – If a class requires the payment of an additional fee over and above the Membership Fee, this must be paid at the time of booking.7.3 – If a class requires specific clothing, footwear, or other items which Members must provide, details of the class will specify such requirements. Members who fail to comply with such requirements may not be permitted to participate in the class.7.4 – Members attending a class must arrive at least 5 mins before the scheduled time of the class. Members arriving later than this time risk losing their place in the class.7.5 – If a class involves a warm-up session, Members arriving after the warm-up session has begun will not be permitted to participate in the class for health and safety reasons.
- Limitation of Liability
To the fullest extent permissible by law, the Gym’s liability for any loss or damage suffered by Members shall be limited to that which arises out of the negligence of the Gym’s employees, sub-contractors or agents.
9.1 – The Member’s rights as a consumer under consumer protection legislation from time to time in force shall not be affected by these Terms and Conditions.9.2 – The Gym may, from time to time, change these Terms and Conditions without notice, however it will use its reasonable endeavours to inform Members as soon as is reasonably possible of any such changes.
- Data Protection
The Gym will not share Members’ personal data with any third parties for any reasons without the prior consent of the Member concerned. Such data will only be collected, processed and held in accordance with the Gym’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
- No Waiver
No failure by the Gym to enforce any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
- Law and Jurisdiction
13.1 – These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.13.2 – Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.