MEMBERSHIP TERMS AND CONDITIONS

MEMBERSHIP TERMS AND CONDITIONS

INFORMATION ABOUT US

1. We are a company registered in England and Wales. Our company registration number is 0879722 and our registered office is at 2 Laurel House, 1 Station Road, Worle, Weston Super Mare, BS22 6AR under THE HENCH FISH LTD. Our registered VAT number is 181893375.
2. If you have any questions or complaints, please contact us. You can contact us by e-mailing us at supsgym@supsgym.co.uk.
3. If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing, you can send this to us by e-mail to supsgym@supsgym.co.uk. We will confirm receipt of this by contacting you by email.

PRINCIPAL TERMS

1. This agreement commences once you have indicated your acceptance in the Declaration section of the web sign-up process.
2. This agreement will become binding on you and us when we contact you to confirm your membership application has been accepted, at which point a contract will come into existence between you and us.
3. You will be entitled to all the rights and privileges set for the membership type you have selected.
4. You cannot transfer this agreement to anyone else.

DIRECT DEBIT FEES AND CHARGES

1. If any Direct Debit is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £20. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right, at our sole election, to either suspend or terminate your membership, upon having given you written notice of our intention to do so. We may present an option to reduce the administration fee if the outstanding amount is paid within 7 days of becoming due.
2. You agree to advise us immediately of any change to the Members Details provided.

DIRECT DEBIT PRICES

1. From time to time, we may need to increase the price of membership. We will give you at least 1 full month’s notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice, then the price of your membership will be increased in accordance with our notice.

TERMINATION

MONTHLY DIRECT DEBIT MEMBERSHIPS

1. You may terminate your membership at any point by cancelling your direct debit with your bank, allowing 4 working days for the bank to action this.
2. In the above circumstances, your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.

PAID IN FULL MEMBERSHIP

1. If you have purchased a Fixed Term membership, you will not be entitled to a refund for any unused membership.

MONEY BACK GUARANTEE

1. As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, 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. However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you select to commence your membership immediately, or you ask us to start your membership early, you agree that if you subsequently cancel your membership within the 14-day period, you will be refunded any monies paid, less an amount for the membership you have already used commencing from the first day after joining.

DAILY MEMBERSHIP TERMS & CONDITIONS

PRINCIPAL TERMS

1. This daily membership commences once you have indicated your acceptance in the Declaration section of the web sign-up process.
2. Your membership will be activated on the date you specified, running until midnight of the specified date.
3. You will be entitled to all the rights and privileges exercisable for the type of membership chosen.
4. You cannot transfer this daily membership to anyone else nor transfer it to another date.
5. Day passes are non-refundable.

GENERAL TERMS & CONDITIONS

MISCELLANEOUS TERMS

1. Members must be 16 or older.
2. You agree to comply with the Rules of Membership which are displayed prominently in the gym and relate to opening hours, use of facilities, and your conduct. We may make reasonable changes to these rules at any time provided that we give you advance notice of the change.
3. If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us from enforcing the terms of this agreement strictly at a future date.
4. Under 18 years policy: In line with industry guidance, members under the age of 18 must comply with our Under 18 Policy. Members under the age of 18 are not permitted to attend group exercise classes, workshops, or inductions.
5. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced.
6. There may be occasions where we have to close all or part of the gym of which you are a member. 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 use all commercially reasonable endeavours to ensure that such closures are outside of peak visiting hours and are kept 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.
7. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control.
8. We will not be liable or responsible for outstanding monies paid to a Personal Trainer. Personal training is arranged directly with the PT and not Sups Gym.
9. As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
10. This agreement is governed by English Law.
11. We may terminate this agreement with immediate effect on notifying you if you are in breach of the gym’s rules.
12. To the best of your knowledge and belief, you are in good health and not knowingly incapable of engaging in either active or passive exercise, and that such exercise would not be detrimental to your health, safety, comfort, well-being, or physical condition. Further, you will advise us immediately should your circumstances change.

OUR RIGHT TO REFUSE PROSPECTIVE MEMBERS

1. Membership to the gym at all times is at the sole discretion of our management. We do not have to state or provide you with reasons for refusal of membership.
2. We may, at any time, refuse to permit you to become a member, or terminate your membership if you are already a member, if we have reason to believe that your behaviour or conduct does or will, or in our reasonable opinion may, put our employees and/or members and/or guests at risk.

LIABILITY

1. By law, we do not have to pay you compensation for loss or damage you may suffer unless such loss or damage is caused by our negligence or failure to comply with applicable law.
2. We will not pay you compensation if we have failed to carry out our duties due to:
• Your own fault;
• The fault of someone else who is outside of our control or who is not connected with providing our services under these terms and conditions; or
• Events outside of our control or which we could not have known about prior to their occurrence even if we had taken all reasonable care.
3. We can make changes to the type of facilities we provide, and we will give you notice (where possible we will provide reasonable advance notice) of any such changes. We will not be liable for any loss or damage caused by these changes unless the loss or damage is caused by our negligence.
4. You must make sure that you can do the exercise provided by any exercise programme you follow or any class you go to.
5. You should consult your doctor before you start any exercise, exercise programme, or class you attend, and/or if you are not sure whether it is suitable, and/or if you have a pre-existing illness or medical condition.
6. We cannot accept liability for theft or for loss or damage to you or your guest’s property in the centre or the car park unless that theft or loss or damage was caused by our negligence. It is your responsibility to ensure that your valuables are kept secure and that you use the lockers provided. Wherever possible, you should avoid bringing valuables or large amounts of cash into the centre.
7. In no event shall our total liability to you for any one event or series of related events exceed the sum of 150% of the total amount paid by you for your membership and/or the services giving rise to the liability in the 12 months preceding the first incident out of which the liability arose.
8. Nothing in these terms and conditions excludes or limits our liability for:
• Death or personal injury caused by our negligence or that of our staff; or
• Fraud or fraudulent misrepresentation; or
• Any other liability which we cannot by law exclude or limit.