AND TERMS AND CONDITIONS OF MEMBERSHIP
This is an Agreement between you (the Member), and Competition Line UK Ltd T/A Lifestyle Fitness a company registered in England And Wales (registration number 1635867), whose registered office is at 91 Eastmount Road, Darlington, DL1 1LA (“Lifestyle Fitness”, “us” or “we”). By completing the joining process at our website and becoming a Member of Lifestyle Fitness you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.
Administration Fee: our fees raised for changing membership terms or arising out of any breach of the terms as set out on our website.
Gym Membership Rules: the rules governing your conduct as set out on our website here
Joining Fee: the amount notified to you as part of the website joining process as a one-off fee payable for membership.
Massage Therapy: services provided directly to you which do not form part of this Membership Agreement and are subject to a separate agreement between you and the therapist.
Member Area: the online portal for Gym members at www.lifestylefitness.co.uk
Membership: your contractual relationship with us, which can be on various different terms, some of which are only available at certain gyms, as follows:
Annual Membership: a membership that is paid upfront and has a fixed term of 12 months unless otherwise stipulated.
Membership: a membership for one specified gym.
Student Membership: Membership available to Students only, with a fixed duration, and subject to the separate student terms and conditions at each site
Off Peak Membership: A reduced Membership rate, where access to the facilities is limited to certain hours of the day.
Teen Membership: A reduced membership rate for members under the age of 16 (precise age range varies by site). Access is strictly limited and monitored, and is subject to restrictions set out at time of joining. Teen members must always be supervised by an adult member of the gym, or be under the supervision of Lifestyle Fitness staff in scheduled Teen classes or sessions.
Monthly Membership Amount: the amount you agree to pay each month for your Membership. Only applies to certain types of Membership.
Membership Amount: the amount you agree to pay upfront for your fixed term Membership. Only applies to certain types of membership.
Personal Training Sessions: sessions booked by you directly with an independent self-employed trainer which do not form part of this agreement and are not provided by Lifestyle Fitness and are subject to a separate agreement between you and the individual.
Sports Therapy: Services provided directly to you which do not form part of this membership and are subject to a separate agreement between you and the therapist.
1. This agreement commences either:
If you are on the club’s premises, once you have indicated your acceptance in the Declaration section of this web sign up process.
If you are not on the club’s premises, once you have indicated your acceptance in the Declaration section of this web sign up process and then either entered the clubs premises or after a period of 7 days has elapsed, whichever is earlier.
2. Your membership starts immediately, unless otherwise stated during the sign-up process.
3. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
4. You cannot transfer this agreement to anyone else.
5. You agree to comply with the Gym Membership Rules and use the facility and equipment in a proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury suffered through incorrect use of our equipment or facilities.
6. You will be liable for any damage caused to our equipment or facilities through your negligent use.
7. Members with an Off-Peak or Teen Membership will be able to enter the gym during specified times only, as set-out in the Definition of Off-Peak Membership above.
FEES AND CHARGES
8. The Total first payment amount is due from you to us, and is due immediately unless otherwise stated. For clubs where the first payment is taken on card, this will be paid on the day of joining. For clubs signing up on direct debit-only, this will be taken on your first payment date outlined in the joining process.
9. If your membership has a recurring Monthly Membership Amount, the Direct Debit Payment Amount is due from you to us. You are obligated to make the Minimum Number of Direct Debit Payments stated at time of joining with the first one being paid on the 1st Direct Debit Payment Date, the second on the Second DD payment date and then every month thereafter. For the avoidance of doubt, you are obligated to make every Direct Debit Payment regardless of non attendance, whatever the reason for non attendance may be.
10. If the terms on which you are accepted as a Member include an initial Promotional Rate, you agree to pay the discounted Promotional Rate as a recurring Monthly Membership Amount during the introductory period specified in the promotional or introductory offer and that thereafter we may debit for the higher standard Monthly Membership Amount specified in the promotional offer (or such higher rate as might apply) in respect of each successive month after the introductory period has lapsed and unless or until your Membership is cancelled.
11. You agree to maintain a Direct Debit instruction with your bank (or recurring international Credit Card Payment for overseas members) for the Monthly Membership Amount.
12. You agree to pay us the Monthly Membership Amount regardless of lack of attendance, or whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason, Lifestyle Fitness are under no obligation to offer a refund for loss of service.
13. If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or any cheque 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 £25.
14. You agree to advise us immediately of any change to the Members Details provided, and notify any partners who may operate the facility at which you are a member.
15. We reserve the right, at our discretion, to change your Monthly Membership Amount fee. If this happens we’ll notify you by email not less than 3 business days before the change is made. You are able to cancel your membership within this period, and if we don’t hear from you within the period the new Monthly Membership Amount fee will apply automatically.
16. If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third party company for collection. The reasonable costs incurred in employing the third party company will be borne by you including costs in tracing you should you have changed your address without telling us.
17. If we do not terminate your Membership if you breach any of the Gym Membership Rules, or if we give you extra time to pay if you do not pay your Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due, that will not prevent us from subsequently enforcing the terms of this Agreement.
18. If you have a Membership that gives you access to a single specified gym, and that gym closes indefinitely as a result of factors within Lifestyle Fitness’ control, you will receive a pro-rata refund of your Membership Amount or most recently paid Monthly Membership Amount, as applicable.
19. We may assign the benefit of this Agreement and our rights to a third party provided we give you notice and your rights under this Agreement will not be prejudiced.
20. In order to extend your membership after completing the minimum number of Direct Debit payments, we will automatically continue collecting the Direct Debit Payment Amount every month. Your membership will be extended by one month each payment. Each payment made is not refundable under any circumstances. This Renewal Direct Debit Payment Amount may only be amended if we advise you in writing giving 3 weeks notice.
21. You agree to comply with the Rules of Membership which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct. This includes Covid-19 social distancing and cleaning regulations in place in our clubs, including wiping down equipment before and after use. We may make reasonable changes to these Rules at any time provided we give you advance notice of the change.
22. 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 enforcing the terms of this agreement strictly at a future date.
23. 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.
24. This agreement is governed by English Law.
25. We may terminate this agreement with immediate effect on notice to you if you are in breach of the Clubs Rules. In this event you will not be liable to pay any further Direct Debit Payments, provided such breach is not deemed by us to have occurred primarily in order to qualify you for a refund.
STARTING YOUR MEMBERSHIP
26. Our joining process is an online process. Full membership prices and options can be found on our website (www.lifestylefitness.co.uk), to be selected by you as part of the joining process. By completing the online joining process and becoming a Member of Lifestyle Fitness, you are accepting all the terms and conditions in this Membership Agreement (insofar as they are applicable). You should only join if you have read them and accept them.
27. This Membership Agreement starts once you have accepted the terms during the online joining process. By accepting the terms, you are agreeing to pay any applicable Joining Fee, Administration Fee, Membership Amount and Monthly Membership Amount. These are shown at the start of the joining process and again before you confirm your payment instruction.
28. We may inform you during the online joining process that a waiting list is in operation in which case your Membership starts when we inform you by email.
29. You confirm that you are at least 16 years old. Members on a ‘teen’ membership confirm they are eligible and within the relevant age bracket.
30. You will be liable for any damage caused to our equipment or facilities through your negligent use.
31. You are entitled to access and to use the gym or gyms defined by your Membership until termination or suspension of that Membership pursuant to this Agreement.
32. We will make reasonable endeavours to make available to you the rights and privileges of Membership of the gym you joined and have paid for. This includes access to the gym and gym equipment, changing areas, staff and independent self-employed trainers for general advice. We will make reasonable endeavours to communicate to you in advance if we are unable to make available to you the rights and privileges of Membership.
CHANGING YOUR MEMBERSHIP
33. Some Membership types can be changed. Fees may apply.
34. If you have a discounted Membership and you change to a new Membership product, you will waive the right to the discount on the original Membership and pay the standard price on the new Membership.
35. If you have a discounted Membership and your Membership is terminated, you will waive the right to the discount and pay the advertised Membership Amount or Monthly Membership Amount if you later choose to re-join Lifestyle Fitness.
36. We may, with reasonable notice and at our discretion, close our premises for reasonable periods of time to carry out maintenance, repairs, refurbishment, cleaning or for other reasons outside of our control, including at least 2 days a year for necessary maintenance or other work. We will endeavour to reopen facilities as soon as is reasonably possible in these circumstances. You agree that you will not be eligible for any refund for the temporary interruption in services during the period.
ENDING YOUR MEMBERSHIP
37. You have the right to cancel this Agreement within 14 days from the start of the Agreement without giving any reason, but you must let us know you wish to do so within the 14-day period.
38. In case of dispute you must show that you cancelled the Agreement in accordance with the cancellation terms, but for these purposes it will be sufficient to show that you sent your communication (to the correct address) concerning your exercise of the right to cancel before the cancellation period had expired.
39. If you have requested an immediate membership start date and you cancel your Membership within the 14-day period, proportionate charges will be due. We will refund to you any Joining Fee, Membership Amount and Monthly Membership Amount you have paid us, but the refunded amount will be reduced by the higher of (a) the one-day pass rate (for your gym at the time you joined) and (b) an amount in proportion to the number of days between the start of your Membership and the date you communicated to us that you wanted to cancel.
40. For members joining on a Contracted Membership, we operate a fair cancelation policy as follows. This means that we will cancel your agreement and refund any money owing paid in cash up front. The period of refund – if applicable – only relates to the date from when the correspondence is administered. We require 30 days notice in order to administer cancellations. The reasons for this cancellation being permissible are as follows:
40.1 Doctors note stating that exercise will be detrimental to health if continued.
40.2 Moving permanently out of the area after joining the facility (minimum of 15 miles from the Club). Proof of relocation required either utility bill / council tax / solicitor letter. Note: this does not apply to student memberships.
40.3 Made redundant after joining the facility – proof of redundancy letter needed.
41. In order to avoid disputes, you should not cancel your Direct Debit mandate with us until you have been cleared to do so by one of our staff.
42. For members outside of their Contracted Minimum Period and who have made the Minimum Number of Direct Debit Payments, you may terminate your Membership at any time by contacting your club via e-mail. We require 30 days notice in order to administer cancellations. If you request to cancel less than 30 days before the next Direct Debit payment is due, this next payment is still owed.
43. All cancellation requests should be made in writing, email, or using an online form. All cancellation requests should only be considered complete when confirmed by a member of staff. We are not obligated to refund any payments which are taken after a cancellation request, where that cancellation request has been made verbally or over the phone.
44. We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of the Gym Membership Rules, or for any reason deemed sufficient by us to terminate your Membership. In this event, your access to the facilities will also be terminated and you will not be eligible for any refund.
45. In the event of your Membership being cancelled, either by yourself, by Lifestyle Fitness, or by a third party, you will automatically lose any benefits accrued over the course of your Membership. This may include, but is not limited to, referral points, free months, discounted rates or any other variations to your Membership.
46. If you cancel your Direct Debit mandate via the bank or any other third party whilst in your Contracted Minimum Period, you will be liable to pay the remaining balance of your Contract. Lifestyle Fitness also reserve the right to immediately suspend access in these circumstances.
FREEZING YOUR MEMBERSHIP
47. Options exist to freeze your membership payments. These include:-
47.1. Temporary Illness or Injury: This agreement may be frozen in the event of serious temporary illness, injury or medical condition upon appropriate proof from a doctor or other suitably qualified medical practitioner.
47.2. Pregnancy: This agreement can be frozen if you become pregnant for a maximum of 6 months pre-birth and a maximum of 6 months post – birth upon the appropriate proof being given.
47.3. Extended time away: This agreement may be frozen for up to a maximum of 3 months if you are spending an extended amount of time (over a month) away from the area of the gym, subject to appropriate proof being provided.
48. Please note that Freezes come to an end automatically, and billing will recommence once your Freeze Period has expired.
49. Previously having a Freeze for any reason does not guarantee acceptance of a further Freeze.
Please note – ANY Freeze will not be actioned until the appropriate proof is provided and received.
DATA PROTECTION / GDPR
50. There are certain email and SMS communications which it is necessary for us to send to all members, in connection with their Membership. In order to do so we will process your personal data for the purposes of performing our contractual obligations to you under the terms of your Membership. You cannot opt out of these communications. You may opt out of email and SMS communications that we may otherwise send for promotional or marketing purposes, but if you do we cannot be held responsible for any loss incurred by you not receiving gym-related communications. All processing of your personal data will be in accordance with our Privacy, CCTV & Data protection policy, available at www.lifestylefitness.co.uk
51. It is your responsibility to ensure that the data we hold for you is up to date. We cannot be held responsible for any loss incurred by you if you fail to receive communications or information as your contact information is out of date or otherwise incorrect.
52. For the safety and security of you, our other members and our staff, and for associated purposes of crime prevention and detection, we operate 24-hour CCTV security at all our gyms. The images will be captured, processed and retained in accordance with our separate Privacy, CCTV & Data Protection Policy available at www.lifestylefitness.co.uk. Access to such footage will also be governed by the provisions of that policy.
54. You can contact us with any queries or concerns by emailing email@example.com
55. You agree that to be eligible for a Student Membership you must be in full or part-time education and will provide proof of this status. Failure to do so may result in your Monthly Membership Amount being raised and brought in line with standard pricing at your club.
56. All promotions and discounts we offer relate to joining on our minimum 12 month contracts, either by paying cash up front, or via direct debit, unless otherwise stipulated.
57. Promotions on Paid In Full memberships where the Membership lasts for longer than 12 months, shall be treated as a 12 month membership with a free period applied to the end. In cases of dispute, these memberships will be treated as the Membership Amount divided across 12 months, with the remainder of the Membership being a free period and will not be treated as the Membership Amount divided across the overall duration of the Membership.
SOCIAL MEDIA COMPETITIONS
58. Our social media competitions comply with The British Code of Advertising, Sale Promotion and Direct Marketing. Unless otherwise stipulated, the following rules apply:
One entry per competition per person.
You must be resident in the UK to enter and above the age of 18.
You do not have to be a member of Lifestyle Fitness.
Winners will be contacted privately to arrange delivery of prizes – a list of winners will not be published, but is available on request for each competition.
59. Personal Training Sessions and “additional services” do not form part of this Agreement and are not provided by Lifestyle Fitness.
60. Any “additional services” (including, for example, Personal Training Sessions, Sports Therapy, Massage Therapy etc) which you contract for or agree to pay for, do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any agreement for “additional services”, you are entering into an agreement with those individuals and not with us.
61. We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing the “additional services” which are specifically excluded from the Membership Agreement and we do not accept any responsibility for the same save where precluded by law.
62. We may provide induction services or personal reviews of your training needs if required. Such services are provided without additional charge.
MEMBER SATISFACTION SURVEYS
63. From time to time we may choose to invite some of our members to participate in a survey of satisfaction. This invitation will usually be by e-mail.
64. At our discretion member satisfaction survey participation may be associated with a prize draw offering cash prizes of varying amounts to participants. Members that respond to such an invitation by completing the satisfaction survey by the advertised closing date will be entered into the draw.
65. Eligible participants will only be entered once into a particular draw. A winner will be chosen at random from all entrants to that draw within 90 days of the closing date. Winners will be contacted after the prize is drawn to arrange receipt of the prize.
66. Only you, the person named in the online joining process, can benefit from this Agreement.
67. If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.
68. Lifestyle Fitness, its parent companies, its agents, employees and subcontractors are not liable for any loss, damage or theft of any of your property that you bring onto any of our premises. If such loss, damage or theft is caused by the negligent acts or omissions of Lifestyle Fitness or its agents, employees or subcontractors, our liability to you will be limited to £500.
69. We may make reasonable changes to the Gym Membership Rules and the Membership Agreement at any time. It is your responsibility to check online at regular intervals for changes to these documents.
70. We reserve the right to increase our prices in line with RPI each year, so that we can keep pace with inflation. This will be reviewed annually, and notices of price increases given in advance.
71. This Agreement is governed by the law of England and Wales.
72. You should print a copy of this Agreement for future reference.
HEALTH COMMITMENT STATEMENT
Your health is your responsibility. The management and staff of this organisation are dedicated to helping you take every opportunity to enjoy the facilities that we offer. With this in mind, we have carefully considered what we can reasonably expect of each other.
Our commitment to you
1. We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.
2. We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to use and enjoy.
3. We will take all reasonable steps to make sure that our staff are qualified to the fitness industry standards as set out by the Register of Exercise Professionals.
4. If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.
Your commitment to us
1. You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical professional and follow that advice.
2. You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.
3. You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not qualified doctors, but there will be a person available who has had first-aid training.
4. If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.
This statement is for guidance only. It is not a legally binding agreement between you and us and does not create any obligations which you or we must meet.