INTRODUCTION
To help you get the best out of Reshape Fitness and to understand our responsibilities to you and your responsibilities to us, please read these terms and conditions. Please remember that if you sign up to any of our online facilities or groups, extra terms and conditions may apply. The language we use should make these terms and conditions as clear as possible. If you have any questions, a member of our team at your club will be happy to help you. To help make these terms and conditions easy to read, we have split them into two parts.
· Part A – terms and conditions of membership
All members must keep to the same terms and conditions, including adult whose memberships are linked to other members.
· Part B – rules and regulations for using facilities these terms and conditions apply to all our members and their guests. They are necessary to make sure we can offer an enjoyable and safe environment for you, your guests and our other members to share during every visit to your club. These terms and conditions apply at all times and take priority over anything a member of our team has told you.
PART A – TERMS AND CONDITIONS OF MEMBERSHIP Definitions that apply to part A You – the lead member Linked member – anyone who is linked to your membership Your entire membership – your membership and the membership of your linked members We and us – Reshape Luton Limited Your club – the which you have applied to join or have been transferred to Responsibilities of lead members and linked members. Every person who signs the membership application will be jointly and individually responsible under this agreement. This means that:
· If one of those people tells us to do anything in relation to the membership (including ending it) we will take that as authority from all of them;
· Each of those people will be responsible for paying all the appropriate membership fees for themselves, for any other people who have signed the form and for all linked members
Cancelling your membership
. · There are no exceptions to this rule. For example, if you give us notice on 1 June, your membership will end on 30 June and you will not have to pay any more direct debits after 30 June. If you want to give notice, it must be in writing we will accept notice by email (the email address is on your club website). If you need to give us evidence of certain things, you can provide them as attachments to an email. Your notice is not effective until we have received it. We strongly advise that when you give notice you get proof that we have received it. For example:
· if you send us notice by post, send it by recorded delivery (we will have to sign the delivery notice when we receive it);
· if you hand your notice in at your club, ask for a receipt; or
· if you send us your notice by email, ask for a delivery receipt. We will confirm we have received your notice within 10 days of receiving it. If you do not receive this confirmation within 10 days, you must immediately let your club know. This means that for Standard Annual membership and Standard Monthly membership your minimum commitment is to pay for the first 12 full calendar months of your membership with us (together with the part of a month as mentioned in ‘Starting your membership’). This applies even if you have Standard Monthly membership and cancel your direct debit before then. If you want to end your membership from the end of the initial period, you can give us one calendar month’s notice as long as we receive your notice any time up to and including the first day of the final calendar month of your initial period. If you give us notice but we do not receive it by the first day of the final calendar month, your membership will not end at the end of your initial period. Instead, we will treat your notice as if we received it on the first day of the following month and your membership will not end until three months after that date. We will contact you in writing at an appropriate time towards the end of your initial period to remind you of this.
Abusive behaviour/Language
We will not tolerate our staff or other members being verbally abused or intimidated or being physically threatened. If we find this to be the case, we have the right to report you to the police, to ban you immediately and permanently from your club and to cancel your entire membership. We may also cancel your entire membership in the following circumstances.
· If you or a linked member breaks or repeatedly breaks this membership agreement or the club rules and you do not or cannot put it right within seven days of us writing to you about it.
· If, with your knowledge or permission, another person uses your membership card to get into any club.
· If, with a linked member’s knowledge or permission, another person uses that linked member’s membership card to get into the Gym.
· If you, your linked member or your (or a linked member’s) guest uses rude or abusive language or behaves or threatens to behave in a violent or aggressive way at Reshape
· If we receive any complaint about your behaviour or that of a linked member persistently behave inappropriately, or if we believe that your continued membership (or that of a linked member) is not in the interests of other members of your club, we have the right to suspend your entire membership. You have the right to appeal against our decision . You can get details of our appeal procedures from our Management at the club. If we are not able to sort out the issue following your appeal, or if you do not appeal in line with our appeal procedures we have the right to cancel your entire membership.
If you do not pay your membership fee when it is due
If you do not pay your membership fee when it is due, we will write to you to let you know. If you are paying by direct debit, we will try to take this payment from your account again later in the month. If that is unsuccessful, but your direct debit instruction is still in force, we will try to take payment again in the following month for the payment you have missed and the amount due for the current month. We may refer any missed payments, including any future payments that are due as part of your contract (for example, payments you owe for the rest of an initial period or notice period), to a debt collection agency. If you fall behind with your membership payments for more than 30 days, we will charge you an administration fee of £30. We will also charge an administration fee of £10 each missed payment. If you do not pay for your membership, we may prevent you and any linked members (adults) from entering any club. This does not mean we will end your membership. Cancelling your direct debit does not mean you have given us notice to end your membership. You must give us written notice ’.
Changing your membership fees and this agreement
We may increase membership fees automatically each year by up to either 1% above the rate of inflation according to the Retail Prices Index or 3%, whichever is higher. If we do this, the new fees will come into force on 1 January each year. If we plan to increase the membership fees by more than the higher of these amounts, we will make every reasonable effort to give you at least one month’s notice. We will give you notice of the change by writing to you and by displaying a sign on the noticeboard in your club. As well as the increase described above, we have the right to increase membership fees at any time to take account of any increase in the rate of VAT. We will make every reasonable effort to give you one month’s notice of the increase (either in writing or by displaying a sign on the noticeboard in your club). We will always aim to keep the cost of membership as low as possible.
Complaints
We are committed to making sure our members are satisfied with the service we provide, but we are realistic enough to know that things don’t go according to plan all the time. If you or your guests have a complaint, we want to know about it as soon as possible so that we may fully investigate it and sort the matter out. If you have a complaint, you should first tell a member of staff at your club. If you are not satisfied with their response, you should contact the manager on duty at your club. If you are still not satisfied, you should contact the general manager at your club.
Liability
We do not accept liability for damage or loss to your property or a guest’s property that may happen on the premises or within the grounds of your club, other than the liability which arises from our negligence or our failure to take reasonable care. We do not accept liability for the injury or death of any member, child or guest that may happen on the premises or within the grounds of your club or any, other than the liability which arises from our negligence or our failure to take reasonable care. Nothing in these terms and conditions is meant to limit any rights you might have as a consumer. UK Terms and Conditions October 2019
Data protection
We will deal with all information we hold about you in line with our privacy policy which you can get from our website. If you want to know what information we hold about you, or you want us to correct any information we hold about you, the appropriate procedures are set out in our privacy policy.
Children
As a Reshape member there is no access for your child/ren between Monday - Friday 9am -8pm and Saturday/Sunday 9am -3pm. However,we welcome children to our club during the hours of 6pm-8pm (Saturday and Sunday) but they must behave reasonably. They must not put themselves or other people in danger or prevent other members from enjoying the club or its facilities. If your child is behaving unreasonably, we will address the behaviour of your child at pick up time.