Gym
Membership Terms & Conditions
Terms
and Conditions of your membership and terms and conditions of using
Choices Health Clubs or Oceans Health and
Fitness
1
Introduction
1.1 Your agreement is with us, Choices Health Clubs or Oceans Health and
Fitness a private company limited by guarantee, registered in England &
Wales (Company No. 8019443).
1.2 These terms and conditions form part of your agreement with us and replace
any previous terms and conditions. Your membership agreement with us is made up
of:
– 1.2.1 your completed and signed membership agreement form;
– 1.2.2 these terms and conditions or, if you join on-line, the membership
agreement terms described in section 1.8 below; and
– 1.2.3 the terms of club use described in sections 1.4 and 1.5 below.
1.3 These documents together form a legal binding agreement between you and us,
so please make sure that you read them carefully and understand them. If you
have any questions, please ask a member of our team in club.
1.4 You and all of our members to any of our clubs, must comply with and agree
to the rules and regulations that apply at the club you and our members are
using (the terms of club use).
1.5 The terms of club use may vary from site to site and those applicable at a
club are on those on display at that site. They include the full rules of using
the club and other terms specific to that site.
1.6 Your club will be the gym you joined as a member. Depending on your
membership, you may be entitled to use other clubs. Not all types of membership
are available at every club and you may not be entitled to use certain club
depending on your type of membership. If in doubt, you should check with your
club.
1.7 All our memberships are monthly memberships. In these terms and conditions,
monthly means every calendar month. A full calendar month starts on the first
day of the calendar month and finishes at the end of the last day of that
calendar month. When we refer to month in these terms and conditions, we mean a
full calendar month.
1.8 For members joining on-line:
– 1.8.1 Your membership agreement terms are accessible through a link sent out
in the receipt email that you will receive within 3 business days after
joining. If you do not receive the receipt email within the 3 days, please
contact your home centre. A ‘business day’ means Mondays to Fridays excluding
Saturdays and Sundays and bank and public holidays in England & Wales or,
if you live in Scotland, in Scotland.
– 1.8.2 References in these terms and conditions to “membership agreement
terms” means the membership agreement terms that are accessible through a link
sent out in the receipt email.
2
Starting your agreement
2.1 Your agreement commences on the start date set out on your membership
agreement form.
2.2 When your membership starts you will need to make the payments set out on
the membership agreement. You cannot use the club until you have signed your
membership agreement form made the payments set out on the form, and set up your
direct debit (if you are paying by direct debit).
2.3 You may need to pay a joining fee, details of which will be set out on your
membership agreement form.
2.4 If you join on an offer which provides you with free months at the start or
end of your membership, these months will be added on to your contracted term.
3
Types of membership
3.1 We offer various types of membership to persons aged 16 or over.
3.2 The club facilities available to you, the amount you pay and the times when
you can use the club will depend on the type of membership you have chosen. The
membership type you have selected will be shown on your membership agreement
form.
3.3 We offer the following types of membership at our clubs but please note
that not all memberships are available at all sites – please check with the club
you wish to join for further information:
– 3.3.1 Full Peak – this entitles you to use your chosen club during their
opening hours. This membership may be available as individual, joint, corporate
or student.
– 3.3.2 Off-Peak – this entitles you to use your chosen club during their
off-peak opening hours. This membership may be available as individual, joint
or as student/corporate discount.
3.4 Each of the memberships in section 3.3 will fall into one of the following
categories:
– 3.4.1 An individual membership – the agreement is with you only.
– 3.4.2 A joint membership – you and one other person join together (you must
both be aged 18 or over). You must use one bank account for payment and live at
the same address.
– 3.4.3 A discounted membership – corporate or student
3.5 The following discounted memberships are available. All discounted
memberships are subject to you providing adequate proof of eligibility:
– 3.5.1 Corporate Discounts – if the business you work for or with has an
agreement with us for corporate memberships and you are eligible. It is your
responsibility to inform us if you work for a business that is eligible for
corporate membership or a discount at the centre. We are not responsible and
will not refund any subscriptions if you later change to a discounted rate that
you were previously eligible for. If at any time you are no longer eligible for
a discounted membership, for example because you no longer work for that
business, we will upgrade you to a standard monthly membership rate and will
give you not less than one calendar month’s prior written notice of the change.
– 3.5.2 Student Discounts – you are eligible for this if you are in full-time
education.
– 3.5.3 Teen Discounts – Available to all 13-15-year olds. You must have
permission and be accompanied by an adult at all times in the club. Before you
use any gym facilities you must have had a Teen Induction with one of the clubs
Personal Trainers.
3.6 Please see section 6 below for the different payment options available to
you.
3.7 We are not responsible for or will not refund any subscriptions if you
later change to a discounted rate that you were previously eligible for.
4
Further benefits
4.1 We offer some extra benefits that you can add to your membership at an
additional cost.
4.2 If you choose an extra benefit, we will add any charges for it to your
monthly membership fee and you must pay your membership fee and additional
charges under your payment option. Your club can provide you with details of
the extra benefits they offer.
5
Your membership fees
5.1 The cost of your membership will depend on the type of membership and the
membership commitment period you have chosen (see section 6 below).
5.2 We will set out all amounts that you need to pay for your membership on
your membership agreement form.
5.3 If you are unsure about the fees and any additional charges that you are
paying, please speak to your club directly.
5.4 During your membership, you must pay your membership fees whether or not
you actually make use of any club or our facilities and services unless you
have frozen your agreement in line with section 10.
5.5 When your membership ends for any reason, and we have taken the final
payment from you, you are responsible for cancelling your direct debit. You
should not cancel your direct debit before your membership has ended, as if you
do so we may be unable to collect any remaining payments you owe. In such
event, we will contact you about this.
6
Payment options
6.1 For each of the payment options set out below, all the monthly fees and any
additional charges could change in line with section 14.
6.2 As stated above, all our agreements are monthly agreements. The monthly
membership fee you pay will depend on the type of membership you choose, the
payment option you select and the minimum number of complete months you commit
to be a member for.
6.3 The
types of payment options we offer are as follows:
– 6.3.1 No Contract
(a) With this payment option, you commit to be a member and paying the monthly
membership fee for at least one full calendar month; and
(b) After the full calendar month has elapsed, your membership continues on a
monthly basis, but you can cancel it in line with section 11.
– 6.3.2 Quarterly prepaid
(a) With this payment option, you commit to be a member for 3 full calendar
months and to paying all your membership fees upfront when you join or renew;
and
(b) If you want to commit to a further 3 full calendar months, you must renew
before the 15th day of the last calendar month of your then current commitment
period. If you do not renew, we will assume that you want to cancel your
membership and your membership will end at the end of your then current
commitment period. If you subsequently renew, you may have to pay another joining
fee.
- 6.3.3
Contracted Membership
(a) With this payment option you are committed to a minimum period of months. For example, a 12 month contract commits you to 12 monthly payments and not a period of 12 calendar months. Any free period or frozen period during the contract does not count towards fulfilling the contract and the contract will not be completed until you have made 12 payments of the full monthly amount. The full monthly amount will remain the amount you have committed to unless altered as per clause 14.2 of this contract. The full amount of the contract remains enforceable as long as the price change is reasonable.
(b) After the full contract commitment period has been completed, your membership continues on a monthly basis, but you can cancel it in line with section 11.
– 6.3.3 12 Month Annual paid in full
(a) With this payment option you commit to be a member for 12 full calendar
months and to paying all your membership fees upfront when you join or renew.
In return you will receive a discount on your membership fee. We will endeavour
to contact you near the end of the 12-calendar month period to let you know
that your commitment period is coming to an end; and
(b) If you want to commit for a further 12 full calendar months, you must renew
your 12-month commitment period before the 15th day of the final month of your
then current commitment period. If you do not renew or change to one of our
other payment options, we will assume that you want to cancel your membership
and your membership will end at the end of your then current commitment period;
and
(c) If you commit for a further 12 full calendar months in exchange for a
discount, the membership fee for the next 12 full calendar months may have
changed. We will tell you this before you commit again; and
(d) Under this payment option, during your 12-month commitment period you will
not be able to downgrade to a lower level of membership, and you will not be
able to cancel your membership during this period except for the reasons set
out in section 11.
6.4 If you choose a particular payment option and decide to upgrade your
membership, you must pay any extra fees which apply (as set out in your
membership agreement).
7
Payment methods
7.1 Unless you have chosen our prepaid payment option, you must pay your
monthly membership fee in advance every month by direct debit.
7.2 You must sign a direct debit mandate form at or prior to the start of your
membership and we will take your payment on or around your original joining
date.
7.3 We may, entirely at our discretion, accept other payment methods to start,
restart, transfer or upgrade your membership.
7.4 If you have a joint membership, you must pay both monthly membership fees
by a single direct debit.
8
Failing to pay
8.1 This section is about what will happen if you do not pay your monthly
membership fee or any other fees or charges you have agreed to pay because:
– 8.1.1 The account details you gave us for the direct debit are wrong; or
– 8.1.2 There is not enough money available in your bank account; or
– 8.1.3 You have cancelled your direct debit without giving us the correct
notice period (see section 11 of these terms and conditions)
8.2 If the account details, you gave us for the direct debit are wrong:
– 8.2.1 We will ask you to pay by cash, debit card or credit card and to give
us your correct bank details. You will also be asked to complete a new direct
debit mandate form.
– 8.2.2 While you owe us payments you will not be allowed to enter or use any
of our clubs. Once your payments are up to date you will be allowed to enter. You
will still have to pay all monthly membership fees for the duration of the
commitment period you signed up to.
8.3 If there is not enough money available in your account:
– 8.3.1 We will ask you to pay by cash, debit card or credit card. If, after
the second month we have contacted you, you still owe us the payment, we will
cancel your membership from the end of that month. Where a direct debit payment
has failed or been refused, we may attempt to obtain payment through the same
direct debit. You are responsible for any charges imposed by your bank in
connection with any failed payments or attempts.
– 8.3.2 While you owe us payments you will not be allowed to enter or use any
of our clubs. Once your payments are up to date you will be allowed to enter. You
will still have to pay all monthly membership fees for the duration of the
commitment period you signed up to.
– 8.3.3 If you are not in a commitment period with us, we will take the first
month you fall into arrears as deemed notice to cancel your membership.
8.4 If you have cancelled your direct debit without giving us notice:
– 8.4.1 We will ask you to pay by cash, debit card or credit card. If you are
not within any commitment period you agreed to, we will cancel your membership
from the end of the following month and your account will remain in debt until
the outstanding payment is made.
– 8.4.2 While you owe us payments you will not be allowed to enter or use any
of our clubs. Once your payments are up to date you will be allowed to enter. You
will still have to pay all monthly membership fees for the duration of the
commitment period you signed up to.
8.5 We may appoint a debt collection agency to collect any payments you owe us,
and you may have to pay any costs associated with this, including legal and
court costs and interest.
9
Transferring your membership
9.1 You can transfer your membership and change your club at any time while you
are a member.
9.2 As monthly membership fees vary between our clubs, if you transfer your
membership and change your club, you will need to pay the fees of your new club,
either by monthly payments or, if you have chosen our discounted prepaid
payment (see section 6.3) option, by paying the difference before you transfer.
The first full calendar month or 12 full calendar months (depending on which
commitment period you have chosen) will continue instead of starting again. You
will not have to pay another activation fee to transfer your membership to
another club.
10
Freezing your membership
10.1 You may temporarily freeze your membership for between one complete
calendar month and 6 complete calendar months for the following reasons only.
We may require you to produce proof which is satisfactory to us of any of these
reasons that you are relying on to freeze your membership, in accordance with
section 18 of these Terms and Conditions.
– 10.1.1 Pregnancy
– 10.1.2 Serious illness
– 10.1.3 Serious injury
– 10.1.4 Redundancy
– 10.1.5 Your office relocates more than 15 miles from your nearest Choices
Health Club
10.2 As long as you obtain our prior written agreement, you may extend the
period of any membership freeze. Freezing your membership is not the same as cancelling
your membership – freezing is a temporary suspension; cancellation is
terminating your membership. To cancel your membership, you must follow the
procedure described in section 11 below.
10.3 If you want to freeze your membership, you can request us to do so in
writing or by completing a form at your club. As long as we receive your
request a month before you require to freeze, we can apply this from the
following month.
10.4 If we receive your request in accordance with section 10.3 and agree to
freeze your membership, we will do so with effect from the following month. We
cannot freeze it from an earlier date and will not refund any monthly fees paid
before your membership was frozen.
10.5 When you request us to freeze your membership, you will need to tell us
when you plan to resume your membership and return to your club, although your
membership can start again before this date if you let your club know. We will
automatically start your membership again, and start taking any direct debits,
on the date you tell us you want your membership to resume.
10.6 We will charge £7 a month while your membership is frozen and extend your
membership period by the number of full calendar months your membership has
been frozen for. If we increase our prices during the period when your
membership is frozen, you will have to pay any new prices that apply to your
membership type when your membership resumes.
10.7 You will not be allowed to use any of our clubs while your membership is
frozen. However, if your child has a teen membership with us and has not frozen
their membership (see section 20 below), you will be able to accompany him or
her to the centre so that they can use the centre facilities in supervised
sessions.
10.8 If you have joint membership, or pay for a teen membership, freezing your
membership may result in changes to your payment arrangements, including losing
some or all of any discount you and they receive. We will tell you about any
changes when you ask to freeze your membership if this applies.
11
Your right to cancel your membership
11.1 Cancelling your membership during the cooling-off period
– 11.1.1 If you have purchased your membership online, you have a legal right
to change your mind within 14 days of joining and receive a refund. The 14-day
cancellation period commences the day of your membership start date which is
stated on your agreement. This is called the ‘cooling-off period’. If you
choose to cancel within the cooling-off period, we will give you a full refund
of the activation fee and any other fees you have paid.
– 11.1.2 If you want to cancel your membership within the cooling-off period,
you must send your notice in writing to your club manager or fill in a form in
club.
– 11.1.3 If you have purchased your membership in person at a club, rather than
by joining online, you may be entitled to cancel and obtain a refund subject to
the provisions of clause 12 below.
11.2 Cancelling your membership after the cooling-off period
– 11.2.1 To cancel your membership after the cooling-off period has expired,
you must send your notice in writing to your club or fill in a cancellation
form at your club. When your club receives your notice you are contracted to
provide 1 months payment as notice of cancellation. If your club receives your
notice more than 2 days after your payment date, you will have 1 further
payment to be taken. If you are within your commitment period, we will cancel
your membership a month after your final payment date of the commitment period
has finished, as long as it is at least one full calendar month in advance. If
you are not sure what your commitment period is, please contact your home
centre.
– 11.2.2 If you cancel your membership in writing (by post or e-mail), when we
receive your written notice, we will send you an acknowledgement letter or
email to confirm the date that your membership will end. If you do not receive
this acknowledgement, you must assume that we have not received your
cancellation notice and you must contact us and send a further cancellation
notice to us. If you cancel using a cancellation form at your club, we will not
send you an acknowledgement letter or email, but the cancellation form will
show the date your membership will end.
11.3 After the cooling-off period you may cancel your membership within your
membership commitment period for the reasons set out in
– 11.3.1 to 11.3.9 only. We may require you to produce proof, satisfactory to
us and in accordance with section 18 below, if you cancel for any of the
following reasons:
– 11.3.1 Pregnancy
– 11.3.2 Serious illness
– 11.3.3 Serious injury
– 11.3.4 If you move house more than fifteen miles from any club
– 11.3.5 Redundancy
– 11.3.6 Your office relocates more than fifteen miles from any club
– 11.3.7 If we permanently close your club
11.4 As well as the above, you may cancel your specific type of membership in
the following ways:
– 11.4.1 Standard monthly – if you have chosen, or changed to, our standard
monthly payment option, you can cancel your membership by giving us one full month
payment notice in writing a month before the end of your commitment period.
However, you can cancel your membership straightaway if you pay for the
remaining full calendar months of your commitment period.
– 11.4.2 Prepaid – if you have chosen, or changed to, our prepaid payment
options, we will cancel your membership at the end of your membership
commitment period unless you renew your membership commitment period.
– 11.4.3 A joint membership – if you have chosen or changed to a joint
membership, we will automatically change your membership to an individual
standard premier membership if the other joint member gives the correct notice
to cancel. We will inform you of the new monthly membership fees applicable and
when you will start paying them. If you both want to cancel, you should follow
the process in sections 11.4.1 to 11.4.3.
– 11.4.4 A corporate membership – if you have a corporate membership and are no
longer eligible for it (for example, because the agreement we have with the
business you are associated with or employed by ends, or you are no longer
associated with or employed by that business), you may change your membership
to our individual standard premier membership and you will no longer be
entitled to receive the discounted corporate fees. We will tell you when your
eligibility ends. You may need to keep your membership and payment option for
the rest of the membership commitment period you signed up for. Unless our
agreement with the business you work for or with says otherwise, the standard
cancellation notice and membership commitment periods set out in these terms
and conditions apply..
11.5 Your right to cancel any extra benefits
– 11.5.1 If you want to cancel any extra benefit(s) you have chosen, you must
give your club one full calendar months’ notice and they must receive this 1
month before you wish the extras to cancel.
12
14-Day Money Back Guarantee and Refunds
12.1 In some circumstances we offer a 14-day money back guarantee to new,
first-time members who wish to cancel their membership. To be eligible to claim
under the money back guarantee, you must be a new, first-time member at one of
our centres or be changing your membership from one of our club locations to
another, for example because you have moved home or relocated your job. You are
not eligible to claim if you have been a member at one of our clubs and are
re-joining that club, or if you are changing the type of membership you hold
(for example, changing from a joint membership to an individual membership).
Where you are eligible to claim under the 14-day money back guarantee, you must
give us written notice of cancellation by letter, by email or by completing the
appropriate form in your club within 14 days from the date on which your
membership starts – this may differ from your joining date, for example you may
join the gym on the 1st day of a month but decide not to start your membership
until the 14th day of that month. In that instance, the 14-day period commences
from and including the 14th day. We will process your cancellation request
immediately and refund any payments made on your then current membership in
accordance with 12.2 below. This money back guarantee is separate and distinct
from your right to cancel where you have joined online, by email or telephone –
see section 11 ‘Your Right to Cancel Your Membership’ – but we will only refund
any payments made once.
12.2 We will issue any refunds due to you by bank transfer or by the same
method you made payment to us.
13
Our right to cancel or freeze your membership
13.1 We may cancel your membership at any time by giving you one month’s notice
in writing. In these circumstances, we will refund you the fee that you have
paid for that month, and any fees you have paid for future months
13.2 We may freeze your membership at any time (we will not charge you monthly
membership fees while your membership is frozen) or cancel your membership
without giving you notice, if:
– 13.2.1 We, in our professional opinion, consider that you are not medically
or physically able to use our facilities safely, or;
– 13.2.2 You seriously or repeatedly break the conditions of your membership;
or
– 13.2.3 You allow another person to use your membership card to gain access to
any of our clubs (unless you have notified us in writing in advance that your
membership card has been lost or stolen); or
– 13.2.4 If you and/or any of your guests use offensive, abusive or
discriminatory language or use or threaten violent, offensive or intimidating
behaviour or conduct at any of our clubs, or if your behaviour or conduct does
or, in our reasonable opinion may, put our employees and/or other members
and/or guests at risk; or
– 13.2.5 You and/or any guest(s) do or attempt to provide, offer, engage in,
advertise or promote, whether or not for payment or other reward, at any of our
centres or other facilities any activities or services which do or may compete
in any way with any activities or services provided, offered, engaged in,
advertised or promoted by us or our authorised personnel, including but not
limited to personal training or other training, coaching or instruction to any
individual or group.
13.3 If we cancel your membership under section 13.1 or 13.2, we will not allow
you to join any of our clubs in the future and you will not be allowed to enter
any of our clubs.
13.4 If we permanently close the club you joined at, we will, where possible,
give you at least one full calendar months’ notice in writing. We will send
this to the address you have given us. We will also put a notice on your clubs
information board. We will try to offer you a suitable membership at another club.
If this is not possible, or you refuse our offer, we will end your membership
at the end of the months’ notice.
13.5 If we receive official notice (for example, from the executors of your
Will or from your bank) that you have died, we will immediately cancel your
membership.
14
Our right to change your membership, these terms and conditions or the terms of
centre use
14.1 We may, at any time, withdraw and/or substitute a type of membership or a
payment option for new members or members who want to change, restart or renew
their membership or payment option.
14.2 From time to time we may change our monthly membership fees. We will try
not to change the fee more frequently than once in a calendar year, and to
ensure that any change is reasonable, but we cannot guarantee this. We will
tell you about any change that will apply to you and will give you at least one
full calendar months’ notice before the change comes into effect. Please see
your payment options for details of how fee changes will affect you.
14.3 We may, without notice to you, make reasonable changes to these terms and
conditions if the changes are for the benefit of the majority of our members at
your club or across our networks of clubs generally.
14.4 When we make changes that may affect you, we will give you notice of the
changes we plan to make by displaying the changes in your club for one full
calendar month. If you are not happy with the changes, you can cancel as
explained in section 11 of these terms and conditions.
15
Our right to refuse prospective members
15.1 We operate private members clubs and membership is at the sole discretion
of our management. We do not have to state or provide you with reasons for
refusal of membership.
15.2 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.
16
Restarting your membership after cancellation by you
16.1 Where you have cancelled your membership, you may restart your membership
again at any time. To do so, you will need to sign a new membership agreement
form and set up a new direct debit with us.
16.2 You will not be able to restart your membership until you have paid all
amounts you owe us for your previous membership (if any), and we can refuse to
let you restart your membership again until you have done so.
16.3 If your membership was cancelled by us due to reasons in section 13, you
will not be able to restart your membership with us.
17
Events beyond our reasonable control
17.1 If we cannot provide all the services and facilities at your club for 30
consecutive days or more, or services and facilities are significantly reduced
for 30 consecutive days or more, for reasons or events beyond our reasonable
control, you or we can cancel your agreement immediately by written notice. By
law, we do not have to pay you compensation in these circumstances. However, we
will try, where reasonably possible, to let you use another of our clubs.
17.2 Reasons or events beyond our reasonable control could include, for
example, but are not limited to natural disasters, government actions, war,
national or regional emergency, acts of terrorism, protests, riot, fire,
explosion, flood, an epidemic and strikes or other labour disputes (not
relating to our workforce).
18
Transferring your agreement
18.1 We may need to transfer (assign) all or part of your agreement to another
company. We can do this as long as your rights under the agreement are not
adversely affected or materially reduced.
19
Proof
19.1 We may need you to provide proof, which is satisfactory to us, of:
– 19.1.1 Your eligibility for a specific type of membership, either before your
membership starts or at any time during your membership; or
– 19.1.2 Your entitlement to cancel or freeze your membership; or
– 19.1.3 Any email you sent to confirm cancellation or the date you posted your
cancellation notice, or both.
19.2 If you cannot provide satisfactory proof, for example you cannot prove the
date of postage of your cancellation notice, we will not be able to cancel your
membership and your membership may continue unless and until you do provide us
with a proper and effective cancellation notice.
19.3 If you cannot provide satisfactory proof of your eligibility for a
particular discounted membership, we will automatically upgrade you to the full
rate and inform you in writing in line with the direct debit guarantee.
19.4 We will require a photograph to be taken as proof of identity and to be
held against your membership record to validate entry.
19.5 We will request photographic evidence at your time of joining, to validate
your identity.
20
Your contact details
20.1 We will send all letters, emails, communications and information to the
address and other contact details you have given us on your membership
agreement form. You must keep us up to date with any changes to your address or
other details by filling in an administration form at your home centre.
20.2 If at any point we find that you have provided us with an incorrect name,
address or other details which are not your own, we may cancel your membership
and prevent you from joining or attending any of our Choices Health clubs in
the future.
21 Teen
Membership
21.1 You may want to purchase a Teen membership for your child. All Teen
members who join must be linked to someone aged 18 or over, with parental
responsibility.
21.2 When we refer to a ‘Teen’ membership this would be anyone between the ages
of 13– 15 years old.
21.3 The charges for teen memberships are set by each club and may depend on
the age of the child. Children will need to be upgraded to a full adult
membership after their 16th birthday. In these circumstances, the
monthly membership fee may change.
21.4 We may ask for proof of any child’s age and can refuse access to our
centres without receiving this.
22
Guests
22.1 If you are aged 18 or over, you can invite guests to your club. Each guest
will have to pay a fee to be entitled to enter that club and to use the
facilities. You can get details of these fees at your chosen club. Your guests
must sign in at the club’s reception and fill in an health questionnaire at the
start of each visit. Your guests may not be able to use the facilities without
written confirmation from their doctor if any concerns about health, fitness or
exercise are identified or arise from the questionnaire.
22.3 You must ensure that your guests comply at all times with these terms and
conditions (where these apply) and with the club’s terms use. Any failure to do
so, may result in the withdrawal of access rights for you and/or any of your
guests and, for any serious breaches or transgressions, in cancellation of your
membership.
22.4 We can refuse admission of any guest into any of our clubs, and we may
require a guest to produce a form of identification which is acceptable to us
before they can enter. We are at liberty to refuse entry at our discretion and
without giving any reasons.
22.5 Your guest does not need to be with you to visit the club (unless we say
otherwise) as long as they have pay for a guest pass.
22.6 We may restrict your maximum number of guests at any one visit to 2.
23 Club
Access
23.1 On joining the club you will be provided details for the club app to
download. This will provide you with a daily QR Code to scan on entry to your
chosen club. You must scan in each time you visit,
23.2 We do
offer membership cards at the cost of £3 if you would prefer to use rather than
the app. You must bring your membership card with you each time you visit. If
you forget your card we may delay your access to the centre to give us enough
time to record your visit.
23.2 If you have lost your membership card, you will need to obtain a
replacement membership card. There may be a charge for the replacement card.
24
Mobile Phone/Photography Policy
24.1 No cameras, mobile phones, tablets or other electronic or photographic devices
are permitted or to be used poolside or in changing rooms at any time.
24.2 No photography is permitted in any centre at any time except with the
prior approval in writing of the centre manager.
25
Queries
25.1 If you have any queries about these terms and conditions, payments or
specific details to do with your club, please speak to your club first.
25.2 If you have lost your membership card, you will need to buy a replacement
membership card.
26
Liability
26.1 When we carry out any health assessments and exercise questionnaires, we
may identify possible problems with you taking part in exercise and recommend
that you seek and obtain medical advice. We are not responsible if you ignore
our recommendations and continue to exercise at any of our centres.
26.2 Choices Health Club cannot guarantee that all the facilities at any club
are available at all times due to maintenance issues and facility or equipment
breakdowns or malfunctions. By law, we do not have to pay you compensation for
any service, facility or equipment not being available (including, by way of
example only and without limitation, for reasons of health and safety, or if
the unavailability is for the benefit of our members generally) unless this was
due to or caused by our negligence.
26.3 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.
26.4 We will not pay you compensation if we have failed to carry out our duties
due to:
– 26.4.1 Your own fault;
– 26.4.2 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
– 26.4.3 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.
26.5 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.
26.6 You must make sure that you can do the exercise provided by any exercise
programme you follow or any class you go to.
26.7 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.
26.8 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 in valuables or large amounts of cash into
the centre.
26.9 Subject only to section 26.10, 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.
26.10 Nothing in these terms and conditions excludes or limits our liability
for:
– 26.10.1 Death or personal injury caused by our negligence or that of our
staff; or
– 26.10.2 Fraud or fraudulent misrepresentation; or
– 26.10.3 Any other liability which we cannot by law exclude or limit.
27
Data protection
27.1 We will only process personal information you give us in accordance with
the applicable data protection laws and the Choices Health Club Privacy Policy.
27.2 We will keep any clinical information you give us confidential and secure
and only pass it to, or receive it from, those involved with your programme or
treatment. By joining one of our membership options, you are giving us
permission to share relevant clinical information that relates to your health
goals between members of our staff.
27.3 It is important that we hold the most up-to-date contact details for you.
You are responsible for keeping all your personal contact details and choices
for how you want to receive marketing materials up to date.
28 Choice
of law
28.1 Your membership with us is governed by the laws of England and Wales or,
if you live in Scotland, by the laws of Scotland. You agree that all disputes
relating to your membership and or our agreement with you which we are unable
to resolve between us will be subject to the non-exclusive jurisdiction of the
English and Welsh courts or, if you live in Scotland, the Scottish courts.
These
terms and conditions were last updated in September 2022
Choices
Health Clubs Gym Terms and Conditions
Using Choices Health Clubs or Oceans Health and Fitness
You
participate in all Choices Health Clubs classes and use Choices Health Clubs equipment
entirely at your own risk. If you are pregnant, have recently given birth or if
you suffer from any medical conditions, you should seek medical advice before
you take part. Choices Health Clubs accept no liability for any injuries or
losses whatsoever that you sustain whilst participating in any class or using
any content (except the extent that we are negligent), and Choices Health Clubs
exclude our liability to the fullest extent permitted by law.
Please
make sure you warm up properly before carrying out any exercise, and that you
have an adequate space within which to do so. We will be unable to see what you
are doing so please be mindful of that. You should use the equipment at your
own level and pace. Please make sure you have water with you, stop for a break
if/when you feel the need and that you are able to carry out your exercise in a
suitable and safe environment. If you feel dizzy or unwell you should stop
immediately and, if necessary, seek help or medical advice.