terms & conditions
1 THE CLUB
1.1 The Club is managed by Think Fitness Ltd, registered address 3 O’Connell Street, Hawick, Roxburghshire, TD9 9HT.
2 ACCEPTANCE OF MEMBERSHIP
2.1 The decision to accept the application of a potential member shall be at the sole discretion of the Club. The Club reserves the right to verify, or require proof of all information given in order to obtain membership and any fraudulent or wrongful information could result in the cancellation of all membership rights and lead to payment of all monies due to the Club. If the membership application is accepted by the Club, membership of the Club by the applicant shall commence as stated on the agreement. Upon acceptance of the member by the Club, a welcome letter will be issued to the member from the Club.
2.2 The acceptance of an application for membership of the Club shall constitute a legally binding agreement between the member and the Club. The member hereby agrees to be bound by the Club Rules, a copy of which can be provided by asking at reception.
3 LIMITATION OF LIABILITY
3.1 The member acknowledges that the Club’s obligations and liabilities in respect of the Club are defined in this agreement and/or within the regulations applicable to all users.
3.2 The member is responsible for the consequences of any use of any of the facilities in the Club. The Club will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract or otherwise.
4 PHYSICAL HEALTH OF A MEMBER
4.1 The member warrants and also represents that he/she is in good health and is not knowingly incapable of engaging in either active or passive exercise. The member further warrants that such exercise would not be detrimental to their health, safety, comfort, well-being or physical condition.
4.2 An induction is mandatory for all new members. A scaled-down version of the induction may be available to members with prior gym experience at the discretion of the management. A health check and personal training programme is available to members as part of their membership package, as well as subsequent re-tests, and these appointments can be booked at reception, as and when required.
5.1 All categories of membership shall be subject to the Terms and Conditions of Membership which are in force at the time.
5.2 The management reserve the right to amend the membership categories on offer, as well as the times the categories cover at any time.
6 MEMBERSHIP CHARGES & PAYMENT OPTIONS
6.1 All members are liable to pay all annual or monthly membership fees irrespective of actual usage of the Club facilities; i.e. – The Club do charge members extra for overuse so therefore do not refund or discount for underuse.
6.2 Members may elect to pay their membership fees in monthly instalments (Direct Debit) or in full.
6.3 All annually paid membership packages are strictly non-refundable.
6.4 The Club reserves the right to increase membership fees on a yearly basis. If paying by Direct Debit, the contract is for a minimum of either one (flexi option only) or 12 months (the period). Following the first period, Debit Finance Collections Plc will continue to take monthly Direct Debit instalments unless written notice is received by the Club at least one calendar month prior to the proposed termination date. E-mailed written notice is the recommended method of giving your notice. Please note in the event of any dispute proof of posting must be provided, we therefore strongly recommend the use of recorded delivery letters if you do not have access to e-mail, or delivery in person.
6.5 12 month options can be cancelled early subject to a £30 cancellation fee being paid, and written notice being given as described in 6.4 BEFORE cancellation of the direct debit. This is an benefit offered by the Club.
6.6 Members cancelling their direct debit early without adhering to the conditions set out in 6.5 will not be considered as cancelled and will continue to be pursued for payment for the remainder of their contract as per membership agreement.
6.7 Loss of employment cover. Members providing the Club satisfactory evidence of job loss are free to cancel their contract at any time without charge.
6.8 Members moving away from the area may be able to cancel without charge at the discretion of the Club, and subject to providing satisfactory evidence.
6.9 Other causes for termination. The following reasons may be acceptable to Think Fitness subject to formal agreement. Bankruptcy, imprisonment or death. Proof of all three would be required.
7 EXPULSION OF MEMBERS OR TERMINATION OF MEMBERSHIP BY THE CENTRE
7.1 The Club may expel members or may terminate the membership of any member:
7.1.1 without notice and with immediate effect if the member’s conduct, whether or not such conduct is the subject of a complaint by another member or group of members, is such that in the reasonable opinion of the Club, it may be injurious to the character, name or interests of the Club or is such that it renders the members unfit to associate with other members of the Club.
7.1.2 by notice in writing if any part of the annual membership fee or monthly membership charge which is due and payable remains unpaid thirty days after the due date for payment. Lapses in membership payment will incur an administration charge.
7.2 A member, whose membership is terminated by the Club, shall forfeit all privileges of membership with immediate effect without an entitlement to any claim for any refund of their annual or monthly membership fee.
8 CLUB FACILITIES
8.1 The Club reserves the right to make reasonable alterations to the type of facility provided without notice and the Club shall not be liable for any inconvenience caused by building works and for the provision of essential maintenance services that occur for 14 days or less, due to matters beyond control or improvement works.
8.2 The Club reserves the right to change or remove any of the facilities at the Club. In such an event notice will be given.
9 HOURS OF OPENING
9.1 Information in relation to the Club’s normal hours of operation are available from reception on request or on the Club web-site www.think-fitness.co.uk. Such hours may be lengthened or shortened at the absolute discretion of the Club with or without any prior notice being given to members. The Club shall endeavour to give members reasonable notice of change to such hours.
9.2 On occasions when necessary maintenance is required, the Club, or parts thereof, may be closed. Any refund given as a result of closure will only be made at the sole discretion of the directors or the management.