TERMS AND CONDITIONS
The Fitness Hub (South West) Limited Terms and Conditions-
Definitions: Service Provider = “we”, “us” or “our”; Customer = “you”; Debit Finance Collections Plc = “DFC”
Terms of your Contract
- THE FITNESS HUB
- 1 The Fitness Hub is managed by The Fitness Hub (South West) Ltd, Unit 7, Bulwark Business Park, Chepstow, NP16 5QZ.
- ACCEPTANCE OF MEMBERSHIP
2.1 The decision to accept the application of a potential member shall be at the sole discretion of The Fitness Hub. The Fitness Hub reserves the right to verify, or require proof of all information given in order to obtain membership and any fraudulent or wrongful information given in order to obtain such membership could result in the cancellation of all membership rights and lead to the repayment of all monies due to The Fitness Hub. If the membership application is accepted by The Fitness Hub, membership of The Fitness Hub by the applicant shall commence as stated on the agreement. Upon acceptance of the member by The Fitness Hub, a membership QR code shall be issued by The Fitness Hub. This entitles the holder to all the rights and privileges exercisable by the category of membership of the holder.
2.2 The acceptance of an application for membership of The Fitness Hub shall constitute a legally binding agreement between the member and the Centre. The member hereby agrees also to be bound by the club terms and conditions, a copy of which can be provided by asking at Reception. This is also emailed on joining and available to view on the website.
2.3 Membership QR codes are issued to all current members and must be shown at Reception to gain membership rights every time a visit is made to The Fitness Hub. Membership cards may only be used by the registered member and any fraudulent use of the membership card by the member could result in cancellation of the membership with no refund being made by The Fitness Hub. There is a joining fee of £12 for each membership which is taken on your first Direct Debit payment.
2.4 The Fitness Hub reserves the right to increase Membership fees following your initial minimum term. If paying by Direct Debit, the contract is for a minimum of either 3 or 12 months (the period) dependant on the membership selected by you on joining. DFC will notify you by email if the membership fee increases.
2.5 Personal Training is NOT included in the membership.
2.6 Members who fail to attend pre-booked activities may be charged the full standard fee for the activity in question.
2.7 The Fitness Hub reserves the right to make reasonable alterations to the type of facilities provided without notice and The Fitness Hub 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 our control or improvement works.
2.8 Limitation of Liability. The member acknowledges that The Fitness Hub’s obligations and liabilities in respect of The Fitness Hub are defined in this agreement and/ or within the Regulations Applicable to All Users. The member is responsible for the consequences of any use of any of the facilities of The Fitness Hub. The Fitness Hub will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract, or otherwise.
2.9 All members are liable to pay all annual or monthly membership fees irrespective of actual usage and attendance of The Fitness Hub facilities.
2.10 Members may elect to pay their membership fees in monthly instalments (Direct Debit) or in full.
- PERIOD OF COMMITMENT
3.1 You are agreeing to subscribe monthly for the services provided by the Service Provider and contracting to remain a subscriber for the minimum period of the contract (“Minimum Period”).
-Once you have completed the minimum number of Direct Debit payments we will automatically continue to collect the agreed Direct Debit payment amount on the frequency chosen at the time of setting up the Direct Debit Instruction.. Following the initial minimum period Debit Finance Collections Plc will continue to take monthly Direct Debit instalments unless written notice is received by The Fitness Hub (South West) Limited at least 1 calendar month prior to proposed termination date. Termination of the membership must be in writing to firstname.lastname@example.org. On receipt of email the team will advise on final dates. Unless written notice is provided the membership will continue on a rolling basis. Your contract will continue until terminated in accordance with these provisions.
- COOLING OFF PERIOD
4.1 This contract commences once you have indicated your acceptance in the Declaration section of this contract by ticking the DFC agreement to acknowledge the terms and conditions and set up the direct debit. You have 14 full days after the agreement commences to cancel this contract for any reason. To exercise this right, you must inform us of this by email using the details email@example.com. Alternatively, you can notify DFC in writing or via our cancellation portal https://www.debitfinance.co.uk/customer- enquiry/. -Your subscription starts immediately after agreeing to the terms and conditions. You will be entitled to all the rights and privileges extended to you for the type of subscription chosen.
TERMINATION OF SERVICE, LIMITED RIGHTS TO CANCEL
5.1 During the Minimum Period you may cancel the contract only:
- If we fail to maintain the standard of service you would reasonably expect.
- If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to access the services.
- If you develop a medical condition which prevents you from using the services on an ongoing basis. An appropriate medical practitioner must provide written evidence that this is so. *
- If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to the services for regular use. We shall require evidence that such a move has taken place. *
- 5. If you lose your employment and are subsequently unable to keep up your repayments under this contract. You must produce documentary evidence and we may, at our discretion, suspend your payments for two months. We will then review your financial situation with you. *
- 6. If you become pregnant. You must produce documentary evidence and we may, at our discretion, suspend payments for three months. We will then review your situation with you. *
* PLEASE NOTE: points 3-6 require documentation, this can only be accepted from the date of receipt. Documentation must be emailed to firstname.lastname@example.org The following reasons may be acceptable to The Fitness Hub subject to formal agreement. Illness: with letter from GP or referring Doctor. ReLocation: proof of new address required. Bankruptcy or Imprisonment.
TERMINATION PAYMENT FOR EARLY CANCELLATION
6.1 If you cancel your subscription during the Minimum Period, other than in the circumstances set out above, we shall be entitled to a termination payment (“Termination Payment”).
-The Termination Payment will be the total of:
1. Any arrears;
- Any accumulated late payment charges that have been or will be incurred; and
The monthly subscriptions that would otherwise have fallen due before the end of the Minimum Period.
-You will be given credit for early payment, and this will be in the form of a discount applied against the total that you have to pay. For details of how the discount is calculated, please contact DFC.
7.1 If you miss two payments, you will be deemed to have breached your contract. The charges as below will apply/
GIVING NOTICE TO CANCEL
8.1 DFC will continue to collect your monthly subscription after the Minimum Period. Should you not wish to continue subscribing after the Minimum Period, you must give notice to cancel the contract at least 1 calendar month before the final payment of the minimum period. If you wish to cancel the contract at any time after the Minimum Period, you must give at least 1 calendar months notice in writing to email@example.com.
- COLLECTING YOUR MONTHLY SUBSCRIPTIONS
9.1 DFC is our agent for the collection of your monthly subscriptions. DFC will collect your subscription monthly in advance on our behalf by Direct Debit.
-If you fail to make a payment on time, you will incur the following charges:
1. Fail to pay the subscription on the due date £15.00.
2. Fail to pay the missed subscription within 7 days of the date of a reminder correspondence £30.00.
3. Fail to pay the arrears and accrued charges within 7 days of the date of a Final Notice £45.00.
– Late payment charges become payable immediately when they are incurred.
-Other Charges include:
1. Payment other than by Direct Debit £5.00.
2. Any cheque returned unpaid by your bank £10.00.
-DFC is also our agent for serving notice and collecting any Termination Payment which becomes due. Any notice served on you in accordance with the terms of this contract, will be deemed to have been delivered to you the next day after it is despatched by us, or our agent.
-If you would like to make a complaint with the service you have received from DFC, this should be in writing or by e-mail to (firstname.lastname@example.org). You may also request a copy of our complaints handling policy.
If you fail to pay any amount due under this agreement for a period of more than 30 days, then we may pass the debt to a third party company for collection. The costs incurred in employing the third party company will be borne by you including the costs in tracing you should you have changed address without telling us.
- PRIVACY AND DATA PROTECTION
10.1 We take great care to ensure that any information we hold about you is kept safe and secure. This section explains how and why the Service Provider and DFC use your personal information.The Service Provider and DFC need to collect and process personal information in order to be able to provide you with the services. The personal information required includes: – Your personal details (such as your name, address, date of birth, telephone number and email) – financial information (such as bank account details)
– medical information (which is provided to the Service Provider)
– ethnicity (which is provided to the Service Provider, but which is completely optional)
10.2 Your details and financial information. DFC requires this information in order to collect and process payments. It will also use the information for related purposes, e.g. keeping records of financial transactions for a number of years (as required by law and the Direct Debit Indemnity) or to pursue unpaid debts. DFC may anonymise and aggregate data (so that it no longer identifies you) and then use it for analysis and reporting purposes. Some of the information DFC collects and processes will also be shared with the Service Provider (e.g. details of a missed payment)
10.3 Medical information. 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.
For further information on how and why the Service Provider and DFC use your personal information, and details of your legal rights (including the right of access) please visit: https://www.debitfinance.co.uk/.
- EXPULSION OF MEMBERS OR TERMINATION OF MEMBERSHIP BY THE FITNESS HUB
11.1 The Fitness Hub may expel members or may terminate the membership of any member:
11.1.1 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 Fitness Hub, it may be injurious to the character, name or interests of the Centre or is such that it renders the member unfit to associate with other members of The Fitness Hub.
11.1.2 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.
11.2 Lapses in membership payment will incur an Administration charge. Details of these are in the terms and conditions.
11.3 A member whose membership is terminated by The Fitness Hub, 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.
- HOURS OF OPENING
12.1 Information in relation to The Fitness Hub’s normal hours of operation and the opening hours of the facilities are available from The Fitness Hub upon request. Such hours may be lengthened or shortened at the absolute discretion of The Fitness Hub with or without any prior notice being given to members. The Fitness Hub shall endeavour to give members reasonable notice of change to such hours.
12.2 On occasions when necessary maintenance is required, The Fitness Hub, or parts thereof, may be closed. Any refund given as a result of closure will only be made at the sole discretion of the Director or Manager.
The Fitness Hub is managed by The Fitness Hub (South West) Limited, The Fitness Hub South West Ltd, Unit 7, Bulwark Business Park, Chepstow, NP16 5QZ …01291 408010 email. email@example.com
By joining as a member of The Fitness Hub (South West) Limited-
- I wish to enrol as a member of The Fitness Hub (South West) Limited for the minimum period selected on the membership type. I understand that a membership entitles me to use The Fitness Hub exercise equipment as prescribed by the company. I agree to make payments as per the terms of the membership I have chosen. Debit Finance have emailed the necessary payment details. I understand there is a £12 joining fee. I can confirm I have read the terms and conditions of the membership and have received a copy by email. I am aware these can also be found on the website and on site.
- I understand that once the minimum contract term expires the contract will continue on a rolling contract and can only be cancelled with one full calendar months notice in writing, which must be emailed to firstname.lastname@example.org. Cancellations can only be actioned once the minimum term of payments has been completed as per the contract option selected. There is a 14 day cooling off period in which I can cancel before the minimum term applies.
- I understand that there will be a set charge in place for extenuating circumstances where I may need to suspend my membership contract. This would be for a maximum of two months providing that I supply the appropriate documents as evidence.
- I understand that Personal Training is not included in my membership.
- I agree to use The Hub facilities in accordance with the company’s Rules & Conditions as displayed in their premises. I know of no medical or physical reason why I should not safely participate in an exercise programme prescribed by The Hub Instructors and I do so entirely at my own risk.
- I understand that Fees are payable as shown above regardless of my attendance or non-attendance and that cancellations will only be considered in the event of long term medical incapacity. Proof will be required in the form of a GP/medical letter.
- I understand there will be administration fees on any payments which fail. These will be initiated by Debit Finance.
- I understand that in the event of any government lockdown memberships will be automatically frozen. The contractual length of the minimum term will resume once payments are unfrozen.
- You use the hub facilities at your own risk, we recommend you seek medical advice prior to beginning any physical activity.
- We may increase membership rates at the end of your initial minimum term. If this happens we will give prior notice and an email will be sent by debit finance. Our Direct Debit collection agency is Debit Finance Plc and will show on your bank statement under that name.
- By joining as a member of The Fitness Hub you consent that we keep your membership details on file for the duration of your membership. Your data will not be shared with any third parties. Membership paperwork and electronic data is destroyed within 3 months of membership termination.
- You are agreeing to subscribe monthly for the services provided by the service provider and contracting to remain a subscriber for the minimum period shown overleaf. During the minimum period of the contract you may cancel the contract only:
Termination of service
Limited right to cancel
During the minimum period of the contract you may cancel the contract only:
- If we fail to maintain the standard of service you would reasonably expect.
- If we alter the operating hours of the services unreasonably.
- If you develop a medical condition which prevents you from using the services on an ongoing basis. An appropriate medical practitioner must provide written evidence that this is so.
- If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to the services for regular use. We shall require evidence that such a move has taken place.
- If you lose your employment and are unable keep up the repayments as a result. You must produce documentary evidence and initially we shall be prepared to suspend payments for two months and review with you your financial situation thereafter.
14 Day Cooling Off Period Cancellation Form
If you are outside the 14 day cooling off period, please contact a member of our Customer Service Team on the telephone number provided below quoting your DFC Reference.
To Debit Finance Collections Plc 16 Davy Avenue
Tel: 01908 422 007
Email: email@example.com Website: www.debitfinance.co.uk
Milton Keynes MK5 8PL
To be completed by the account holder.
I hereby give notice that I ___________________________________ cancel my contract. (Insert Full Name)
My Unique DFC Reference __________________________________(This can be found on your Welcome Email) (Insert i.e.000101AB1234)
Correspondence Address:_______________________________________________________________________________ ______________________________________________________ Post Code_____________________________________ Reason for Cancellation:________________________________________________________________________________ Signature of Account Holder:__________________________________________ Date:______________________________
(If this form is being returned by email we will use your email as confirmation to cancel the contract with DFC and the Service Provider)