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TERMS AND CONDITIONS

1.  DEFINITIONS:

1.1 THE CLUB: OLIVER JOSEPH FITNESS.1.2 THE CLUB RULES: THE RULES AND REGULATIONS OF THE CLUB, AS AMENDED FROM TIME TO TIME. A COPY OF THE CLUB RULES WILL BE SUPPLIED TO YOU WITH YOUR APPLICATION FOR MEMBERSHIP AND FURTHER COPIES WILL BE MADE AVAILABLE ON REQUEST. 1.3 COMMITMENT PERIOD: THE MINIMUM TERM YOU ARE COMMITTING TO REMAIN A MEMBER OF THE CLUB FROM THE START DATE TO THE COMMITMENT PERIOD END DATE. (SUBJECT TO EXTENSION IF YOUR MEMBERSHIP IS SUSPENDED).

2.  MEMBERSHIP:

2.1 BY SIGNING THIS MEMBERSHIP APPLICATION FORM THE MEMBER AGREES TO COMPLY WITH THESE TERMS AND CONDITIONS OF MEMBERSHIP AND THE CLUB RULES. 2.2 YOU WILL ONLY BE PERMITTED TO USE THE CLUB FACILITIES PROVIDED YOUR MEMBERSHIP IS CURRENT AND FULLY PAID UP OR YOU HAVE MADE PAYMENT.

3.  MEMBERSHIP CATEGORIES:

THE CLUB OFFERS DIFFERENT CATEGORIES OF MEMBERSHIP WHICH ARE SET OUTIN THE CLUB'S INFORMATION SHEET. YOUR CHOICE OF CATEGORY ON JOINING WILL DETERMINE THE FEES YOU PAY AND ANY RESTRICTIONS THAT MAY APPLY TO YOUR USE OF CLUB FACILITIES. YOU MAY CHANGE TO ANY OTHER AVAILABLE MEMBERSHIP CATEGORY BY GIVING ONE MONTH'S NOTICE TO THE CLUB ONCE THE COMMITMENT PERIOD HAS ENDED.

4.  DURATION:

WHEN YOU JOIN THE CLUB YOU ARE AGREEING TO REMAIN A MEMBER FOR THE COMMITMENT PERIOD. IF YOU CHOOSE TO PAY YOUR MEMBERSHIP FEES MONTHLY,YOUR CLUB MEMBERSHIP WILL CONTINUE AUTOMATICALLY AFTER THE COMMITMENT PERIOD END DATE AT THE FEE RATE APPLICABLE TO YOUR MEMBERSHIP TYPE ANDCATEGORY OF MEMBERSHIP AT THAT DATE, BUT SUBJECT TO TERMINATION INACCORDANCE WITH PARAGRAPH 8.2(B). IF YOU CHOOSE TO JOIN THE CLUB BY PAYING YOUR COMMITMENT PERIOD MEMBERSHIP FEE IN ADVANCE, YOUR CLUB MEMBERSHIP WILL TERMINATE AUTOMATICALLY ON EXPIRY OF THE COMMITMENT PERIOD.

5.   FEES:

THE CLUB WILL SET THE LEVEL OF FEES AND WILL REVIEW SUCH FEESPERIODICALLY. THE CLUB RESERVES THE RIGHT TO CHANGE THE LEVEL OF FEES FROMTIME TO TIME, BUT GUARANTEES THAT YOUR FEES WILL NOT INCREASE DURING YOURCOMMITMENT PERIOD. FOR ANY CHANGES TO THE MONTHLY FEE, WE WILL GIVE YOU ATLEAST 30 DAYS WRITTEN NOTICE. THE FOLLOWING FEES PREVAIL: 5.1 MEMBERSHIP FEE; THE LEVEL OF MEMBERSHIP FEES SHALL BE DETERMINED ACCORDING TO THE TYPE AND CATEGORY OF MEMBERSHIP.5.2 JOINING FEE; A JOINING FEE IS PAYABLE AS SPECIFIED IN YOUR APPLICATION FORM. YOUR JOINING FEE GOES TO START UP COSTS. 5.3 GUEST USER FEE; A FEE WILL BE SET BY THE CLUB FROM TIME TO TIME IN RESPECT OF GUESTS OF MEMBERS WHO WISH TO VISIT THE CLUB AND USE THE FACILITIES. 5.4 OTHER FEES; ALL OTHER FEES AND PRICES FOR THE SALE OF GOODS AT THE CLUB, LOCKER RENTAL AND ANY OTHER SERVICES WILL BE SET BY THE CLUB FROM TIME TO TIME. 5.5 IF YOUR BANK FAILS TO MAKE A DUE DIRECT DEBIT PAYMENT FROM YOURACCOUNT, WE WILL WRITE TO ADVISE YOU OF THIS. WE MAY APPLY TO YOUR BANKFOR PAYMENT BY DIRECT DEBIT TWICE WITHIN ONE CALENDAR MONTH AND WERESERVE THE RIGHT TO REFER ANY MISSED DUE PAYMENTS TO A DEBT COLLECTIONAGENCY. WE MAY CHARGE A FEE OF NO MORE THAN £15 FOR FAILED DIRECT DEBITPAYMENTS AND OF NO MORE THAN £5 FOR LETTERS SENT TO YOU IN RESPECT OF UNPAID AMOUNTS. 5.6 SHOULD ANY MEMBERSHIP FEES NOT BE PAID WITHIN 30 DAYS OF THE DUE DATE, THE FULL MEMBERSHIP FEE FOR THE REMAINDER OF THE COMMITMENT PERIOD WILL AUTOMATICALLY BECOME DUE AND PAYABLE IN FULL IMMEDIATELY. 5.7 ANY UNPAID AND OVERDUE MEMBERSHIP FEES REFERRED TO A DEBT COLLECTION AGENCY WILL BE SUBJECT TO REMOVAL OF ANY DISCOUNTS FROM THE NORMAL MONTHLY GYM RATE, (CURRENTLY £40 PCM), A SURCHARGE OF NO MORE THAN £30 TO COVER THE COLLECTION COSTS INCURRED. THIS SURCHARGE, TOGETHER WITH ALL OTHER CHARGES MADE BY THE DEBT COLLECTION AGENCY AND LEGAL FEES INCURRED IN THE COLLECTION OF THE OVERDUE MEMBERSHIP FEES, WILL BE THE RESPONSIBILITY OF THE MEMBER AND WILL BE LEGALLY RECOVERABLE FROM THE MEMBER.5.8 WE MAY APPOINT A PAYMENT PROCESSING AGENT TO RECEIVE AND COLLECT YOURMONTHLY OR ANNUAL DIRECT DEBIT INSTALMENTS AND IN RESPECT OF PAYMENTS MADEBY DIRECT/CREDIT CARD. THERE WILL BE NO EXTRA COST TO YOU FOR THESEPROCESSING SERVICES SUPPLIED BY SUCH AGENT. 5.9 WE MAY CHARGE A REASONABLEFEE OF UP TO £35 FOR ANY OF THE FOLLOWING: REPLACING LOST MEMBERSHIP CARDS,REMOVING OR ADDING ASSOCIATE MEMBERS, CHANGING MEMBERSHIP CATEGORY AND TRANSFERRING MEMBERSHIPS.

 

 

6.  ACTIVE REFERRAL SCHEME: 

THE CLUB OPERATES A REFERRAL SCHEME WHEREBY YOU WILL RECEIVE A FINANCIAL BENEFIT FOR INTRODUCING NEW MEMBERS TO THE CLUB. 6.1 IF THE MEMBER YOU INTRODUCE JOINS ON A DIRECT DEBIT MEMBERSHIP, YOU WILLRECEIVE THE BENEFIT MONTHLY (IN ARREARS AND AFTER THE FIRST DIRECT DEBIT PAYMENT HAS BEEN MADE BY THE REFERRED MEMBER) AGAINST YOUR ACCOUNT ORYOUR MONTHLY DIRECT DEBIT FEE, WITH THE FOLLOWING CONDITIONS:

A) YOU WILL ONLY RECEIVE THIS BENEFIT IF YOUR MEMBERSHIP, AND THAT OF THE REFERRED MEMBER, ARE BOTH CURRENT.

B) YOU WILL ONLY RECEIVE THIS BENEFIT IF THE REFERRED MEMBER'S MEMBERSHIP IS NOT SUSPENDED.

C) THE AMOUNT YOU BENEFIT IS FIXED AT THE TIME OF THE REFERRED MEMBER JOINING THE CLUB. THIS WILL ONLY CHANGE IF THE MEMBER YOU REFER CHANGES THEIR TYPE OF MEMBERSHIP, IN WHICH CASE THE BENEFIT YOU RECEIVE MAY BE INCREASED OR REDUCED ACCORDINGLY.

D) THE CLUB MAY SET A LIMIT AS TO THE NUMBER OF MEMBERS YOU ARE ABLE TO REFER.

E) THE BENEFIT WILL BE APPLIED TO YOUR MEMBERSHIP FOR A MINIMUM PERIOD OF 12 MONTHS AS LONG AS THE REFERRED MEMBER IS STILL A PAYING MEMBER.

F) IF THE MEMBER YOU REFER JOINS ON AN ANNUAL MEMBERSHIP, YOU WILL RECEIVE THE BENEFIT DUE AGAINST YOUR ACCOUNT OR YOUR MONTHLY DIRECT DEBIT FEE AS ONE LUMP SUM UPON THE REFERRED MEMBER JOINING THE CLUB.

 

 

7.  SUSPENSION OF MEMBERSHIP:

A MEMBER MAY, IF HE/SHE IS UNABLE TO MAKE USE OF THE CLUB FACILITIES BYREASON OF ILLNESS OR INJURY, SUSPEND HIS/HER MEMBERSHIP FOR ONECONTINUOUS PERIOD OF AT LEAST 1 MONTH AND A MAXIMUM OF 6 MONTHS. WRITTENNOTICE MUST BE GIVEN TO THE CLUB 30 DAYS BEFORE THE NEXT DIRECT DEBIT IS DUEWITH THE EXCEPTION OF INJURY/ILLNESS WHICH CAN'T BE PREDICTED AND THE CLUBSHALL HAVE THE RIGHT TO REQUEST A DOCTOR'S CERTIFICATE. A £5 MONTHLY FEEWILL BE CHARGED BY THE CLUB DURING THE SUSPENSION OF MEMBERSHIP.

IF SUSPENSION IS DUE TO OTHER REASONS SUCH AS FINANCIAL, EXTENDEDHOLIDAY, GYM FEES WILL BE REDUCED TO 50%. ANY SUSPENSION DURING THECOMMITMENT PERIOD WILL EXTEND THE LENGTH OF THE COMMITMENT PERIOD BY THELENGTH OF THE PERIOD YOUR MEMBERSHIP IS PUT ON HOLD. NOTICE TO TERMINATEMEMBERSHIP CANNOT RUN CONCURRENTLY WITH A SUSPENSION PERIOD.

 

 

8. TERMINATION:

8.1 TERMINATION BY THE CLUB WE MAY TERMINATE THIS AGREEMENT IN THE FOLLOWING CIRCUMSTANCES: (A) IF YOU COMMIT A SERIOUS OR REPEATED BREACH OF THIS AGREEMENT OR THE CLUB'S RULES OF MEMBERSHIP AND THE BREACH, IF CAPABLE OF REMEDY, IS NOT REMEDIED WITHIN 7 DAYS OF RECEIPT OF A DEFAULT NOTICE; (B) IF ANY PART OF YOUR MEMBERSHIP FEE REMAINS UNPAID 30 DAYS AFTER ITS DUE DATE FOR PAYMENT, OR (C) IF YOU PROVIDE US WITH DETAILS WHICH YOU KNOW TO BE FALSE WHEN APPLYING FOR MEMBERSHIP AND THE FALSE DECLARATION WOULD HAVE REASONABLY AFFECTED OUR DECISION TO GRANT YOU MEMBERSHIP. IF WE TERMINATE FOR ANY OF THESE REASONS, WE RESERVE THE RIGHT TO RETAIN A PROPORTION OF THE MONEY PAID UNDER THIS AGREEMENT, TO COVER ANY REASONABLE COSTS INCURRED. 8.2 TERMINATION BY YOU YOU MAY TERMINATE THIS AGREEMENT IN THE FOLLOWING CIRCUMSTANCES: (A) YOU CAN GIVE NOTICE TO TERMINATE AT ANY POINT DURING THE COMMITMENT PERIOD BUT THIS CANNOT END YOUR MEMBERSHIP BEFORE THE END OF THE COMMITMENT PERIOD. (B) OUTSIDE THE COMMITMENT PERIOD YOU MAY TERMINATE YOUR MEMBERSHIP BY GIVING THE CLUB AT LEAST 1 FULL CALENDAR MONTH'S NOTICE, SO THAT YOUR MEMBERSHIP WILL TERMINATE AT THE END OF THE FOLLOWING CALENDAR MONTH AFTER NOTICE WAS GIVEN. (C) CANCELLING YOUR DIRECT DEBIT INSTRUCTION FOR THE PAYMENT OF FEES ISNOT SUFFICIENT. (D) YOU MAY TERMINATE THIS AGREEMENT ON 1 CALENDAR MONTH'S NOTICE IF YOUARE UNABLE TO USE THE CLUB THROUGH SERIOUS ILLNESS OR INJURY LIKELY TO PRECLUDE YOU FROM USING THE CLUB FOR A PERIOD OF LEAST 6 CALENDAR MONTHS.(WE WILL REQUEST REASONABLE EVIDENCE OF YOUR ILLNESS OR INJURY - E.G. A DOCTOR'S CERTIFICATE) (E) YOU MAY ALSO TERMINATE THIS AGREEMENT IF A. WE PERMANENTLY REDUCE THE FACILITIES OR OPENING HOURS OF THE CLUB B. WE CHANGE THE LOCATION OF THE CLUB; OR C. WE CLOSE THE CLUB FOR REFURBISHMENT FOR A PERIOD OF MORE THAN 30DAYS AT A TIME. F) ANNUAL MEMBERSHIP CANNOT BE TERMINATED OR REFUNDED AND IS NONTRANSFERABLE.

 

 

9.  ACCESS CONTROL*:

9.1 ON JOINING THE CLUB WE WILL ISSUE A MEMBERSHIP CARD THAT HAS YOUR UNIQUE MEMBERSHIP NUMBER AND IS USED TO ACCESS THE CLUBS FACILITIES BY SWIPING THE CARD ON ENTRY. 9.2 IF THE CARD IS LOST OR STOLEN A REPLACEMENT CARD WILL COST £5. (APPLICABLE SITES ONLY)

 

 

10.  CLUB RULES:

10.1 THE CLUB MAY AMEND THE CLUB RULES FROM TIME TO TIME IN ORDER TO ENSURE THE HEALTH AND SAFETY OF MEMBERS. TEMPORARY AMENDMENTS WILL BEDISPLAYED IN THE CLUB. PERMANENT CHANGES TO THE CLUB RULES WILL ONLY BE MADE AFTER AT LEAST 30 DAYS NOTICE TO MEMBERS, EXCEPT IN THE CASE OF EMERGENCY. 10.2 THE CLUB RESERVES THE RIGHT TO ADJUST THE AVAILABILITY OF CERTAIN FACILITIES OR CLOSE THE CLUB ON A TEMPORARY BASIS FOR THE GENERAL PURPOSE OF CLEANING, DECORATING, ESSENTIAL REPAIRS, MAINTENANCE OF EQUIPMENT, SPECIAL FUNCTIONS AND HOLIDAYS.

 

11.  RESTRICTION OF LIABILITY:

11.1 SUBJECT TO PARAGRAPHS 11.2 AND 11.3, THE CLUB WILL NOT ACCEPT LIABILITYFOR ANY LOSS, DAMAGE TO OR THEFT OF MONEY, VALUABLES OR OTHER PERSONAL PROPERTY OF MEMBERS AND GUESTS. PROPERTY STORED IN LOCKERS PROVIDED BYTHE CLUB IS STORED AT THE OWNER'S RISK AND NO LIABILITY FOR LOSS OR DAMAGE THERETO WILL BE ACCEPTED BY THE CLUB. 11.2 OUR LIABILITY TO COMPENSATE YOU FOR ANY LOSS OR DAMAGE (IN THE CASE OFLOSS OR DAMAGE OTHER THAN DEATH OR PERSONAL INJURY) IS LIMITED TO A REASONABLE AMOUNT HAVING REGARD TO SUCH FACTORS AS WHETHER THE DAMAGE WAS DUE TO A NEGLIGENT ACT OR OMISSION BY US. 11.3 THE CLUB ACCEPTS LIABILITY FOR DAMAGE, ACCIDENT, DEATH, PERSONAL INJURYOR OTHER LOSS SUSTAINED BY MEMBERS OR GUESTS ON THE CLUB PREMISES TOTHE EXTENT CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES AND AGENTS (DURING THE COURSE OF THEIR EMPLOYMENT AND AGENCY, AS APPROPRIATE) UNLESS THAT FAILURE IS ATTRIBUTABLE TO (A) YOUR OWN FAULT (B) A THIRD PARTY UNCONNECTED WITH OUR PROVISION OF SERVICES UNDER THIS AGREEMENT; OR (C) EVENTS WHICH NEITHER WE NOR OUR SUPPLIER COULD HAVE FORESEEN OR FORESTALLED EVEN IF WE HAD TAKEN ALL REASONABLE CARE.

12.  HEALTH & SAFETY:

12.1 MEMBERS MUST READ ALL HEALTH AND SAFETY NOTICES DISPLAYED IN THE CLUB AND COMPLY WITH THEIR RECOMMENDATIONS.

13.  SALE OF CLUB:

13.1 IN THE EVENT OF THE SALE OR DISPOSAL OF THE CLUB TO ANOTHER COMPANY ORTO ANY OTHER PERSON WE MAY TRANSFER YOUR MEMBERSHIP TO THE NEW OWNER AND YOU WILL CONTINUE AS A MEMBER OF THE CLUB AND CONTINUE TO PAY YOUR MEMBERSHIP FEES PROVIDED NO CHANGES TO THESE TERMS OR THE CLUB RULES HAVING A MATERIAL ADVERSE EFFECT ON YOUR USE OF THE CLUB ARE MADE BY THENEW OWNER. ANY SUCH DISPOSAL WILL NOT AFFECT YOUR CONTRACTUAL OR STATUTORY RIGHTS.

 

 

14.  NOTICES:

14.1 NOTICES FROM YOU TO THE CLUB MUST BE BY EMAIL TO INFO@OLIVERJOSEPH.CO.UK OR IN WRITING TO THE MANAGER AT THE CLUB. NOTICE WILL NOT BE DEEMED TO HAVE BEEN GIVEN UNTIL YOU HAVE RECEIVED AN ACKNOWLEDGEMENT OR RECEIPT FROM THE CLUB. - BEFORE SIGNING PLEASE READ THE TERMS SET OUT BELOW AND ABOVE PRIVACY STATEMENT - THE CLUB WILL USE PERSONAL INFORMATION DISCLOSED FOR ADMINISTRATION PURPOSES ONLY.

DECLARATION:

I WISH TO PARTICIPATE IN ACTIVITIES WITHIN THE OLIVER JOSEPH FITNESS CURRICULUM.

I AGREE TO ABIDE BY THE TERMS AND CONDITIONS WHICH I HAVE READ.

TERMS AND CONDITIONS FOR USE OF OLIVER JOSEPH FITNESS

APPROPRIATE INDOOR TRAINING SHOES (NO BLACK SOLES, SANDALS OR FLIP FLOPS) MUST BE WORN AT ALL TIMES IN THE GYM. OUTDOOR OR MUDDY TRAINING SHOES WILL NOT BE PERMITTED.

APPROPRIATE CLOTHING MUST BE WORN WHEN USING THE GYM OR STUDIO. THIS REQUIRES PARTICIPANTS TO BE WEARING A T-SHIRT/VEST, OR SWEAT SHIRT, AND SHORTS OR TRACK SUIT BOTTOMS. JEANS OR TROUSERS WILL NOT BE PERMITTED. "FACILITY ETIQUETTE" REQUIRES USERS TO PUT BACK ANY EQUIPMENT AFTER USE. ONLY SPORTS DRINKS AND WATER ARE PERMITTED TO BE CONSUMED IN THE GYM. NO FOOD IS ALLOWED.

AT ALL TIMES, YOU WILL RESPECT OTHER USERS. OLIVER JOSEPH FITNESS IS A COMMUNITY AND WILL NOT TOLERATE UNACCEPTABLE BEHAVIOUR IN ANY FORM.