Membership Terms and Conditions Prior to 17th April 2019
Please see below for terms and conditions on being a member at TRG – The Real Gym. Those using our premises and facilities must be a paying member, or paid guest, or have a signed contract/agreement with TRG Fitness Ltd in order to use the premises for business purposes e.g Personal Trainers.
The Real Gym TERMS AND CONDITIONS
These Terms and Conditions shall apply to the use of the facilities and services provided by The Real Gym Unit 6, Barwell Business Park, Leatherhead Road, Chessington KT9 2NY by members and other users thereof.
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Gym”||Means The Real Gym and reference to the Gym shall include reference to any and all facilities and services provided thereby and all staff thereof;|
|“Members”||Means members of the Gym;|
|“Membership”||Means a membership of the Gym;|
|“Membership Fees”||Means the fee(s) due for Membership; and|
|“Membership Plan”||Means a grade of Membership as determined by the Gym.|
- Unless the context otherwise requires, each reference in these Terms and Conditions to:
- Terms and Conditions is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
- a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions; and
- The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
- Words imparting the singular shall include the plural and vice versa.
- References to any gender shall include the other gender.
- Once you have completed the online Direct Debit sign up, your members is then active and live, and charging will begin.
- In order to use the Gym an active Membership is required unless visiting as a paid guest.
- In order to attend the gym as a guest you must purchase a Guest’s day pass
- Membership shall be in accordance with a Membership Plan. A Member’s use of the Gym must always be in accordance with their Membership Plan.
- The following Membership Plans are available:
- Student weekly membership
- Weekly membership
- Monthly membership
- Single day Guest Pass
- Cancellation: Memberships can be cancelled after your first full month of membership. Cancellation requires 30 days notice, as required by Debit Finance (DFC) who manages all Direct Debits on behalf of TRG – The Real Gym. Cancellations need to be made by coming into the gym and completing, signing and dating a Cancellation form, and given to a member of staff to counter sign and date. TRG – The Real Gym will then ensure your membership and associated Direct Debit is cancelled in accordance with the required 30 day notice period. Please note if your payment date falls during the 30 day notice period, you will still be charged.
- Queries on memberships can be raised with a member of staff at the gym.
- Any queries on actual Direct Debits can be queried direct with Debit Finance on 01908 422 007.
- Membership may be suspended in the event of long-term illness, injury or pregnancy. Members wishing to suspend their Membership should inform the Gym of the same no later than 14 days prior to start of the month in which they wish the suspension to take effect (for the purposes of this sub-Clause, “month” refers to a membership billing period and not necessarily a calendar month).
- The Gym may require a medical certificate, doctor’s note or similar proof of illness or other incapacity for suspension under sub-Clause 2.5.
- Membership may be suspended for reasons not covered by sub-Clause 2.5. Non-medical suspension may be for a minimum period of 1 month up to a maximum period of 12 months. During such suspension, normal Membership Fees shall be replaced with a charge of £7 + VAT per month. Following the reinactment of a membership TRG reserves the right to increase your monthly Membership Fees in line with any Membership Fee review during the period of suspension.
- Periods of suspension under sub-Clauses 2.5 and 2.7 shall form part of the terms of the Membership.
- Membership cannot be transferred to another person.
- Members will take finger print scans and photographs required for entry.
- Membership Fees, Payment and late charges
- Yourmembership will begin on the day you join, either by:
- Completingthe gym’s online membership process; or
- Completing a membership form at the gym itself.
- Membership Fees may be paid using the following methods:
- Direct Debit;
- When paying by Direct Debit, an initial payment will be required by cash or card in the gym to cover the period up to your first DD payment. Such payment will be made on a pro rata basis.
- Monthly instalments will be due on the 1st, 8th, 15th or 25th of each calendar month depending on join date or the next available working day by Direct Debit.
- Failure to make timely payment of Membership Fees shall result in action from Debit Finance and a late payment charge of £15 will be added to the outstanding fees, which can be settled direct with Debit Finance. Email e-mail email@example.com or call: 01908 422 007.
- Members will be denied access to the Gym whilst any Membership Fees or other sums due remain outstanding.
- In the event that Membership Fees remain unpaid for a period of more than 1 month, the Gym may refer the matter to a third party debt collection company.
- Where a Member fails to make timely payment of Membership Fees TRG reserve the right to refuse further Membership and access, and potentially a permanent ban.
- If Membership Fees are paid by Direct Debit and a Member wishes to change their bank or the account used to pay, the Member must inform, in writing, Debit Finance (e-mail firstname.lastname@example.org) of the new bank details at least 7 days before the Direct Debit is due.
- Subject to suspension of Membership under sub-Clauses 2.5 or 2.7, Membership Fees shall be payable throughout the Membership irrespective of the Member’s use of the Gym.
- Yourmembership will begin on the day you join, either by:
- Gym Rules
- All Members shall abide by the Membership Rules at all times when using the Gym. Failure to do so may result in the suspension or termination of Membership.
- Members are responsible for their own state of health, physical condition and wellbeing at all times.
- Before using any exercise equipment you must read and sign the Health Commitment Statement/Pre Activity Questionnaire (PAR-Q). If deemed necessary, may refer you to a Personal Trainer With regards to a supervised instructed session. We can refuse access to the centres facilities if we consider your health maybe adversely affected by the use of such facilities. In such circumstances you will be asked to obtain approval from your GP before entering the gym.
- Members may only use the equipment and facilities provided by the Gym in the correct manner and must not use the same in any manner which constitutes a health and safety risk either to themselves or to others.
- If a Member has any medical condition or is taking any medication which may affect their ability to exercise or use any equipment or facilities provided by the Gym in any way, they must inform the Gym of this and act in accordance with any instructions provided as a result.
- Members are required to wipe down equipment after use.
- Members should not use the Gym when under the influence of alcohol or illegal drugs.
- Members should not use the Gym immediately following a heavy meal.
- Members should dress appropriately when using the Gym. Outdoor clothing and/or dirty clothing should not be worn and should be stored in the changing areas.
- No animals are allowed in the Gym with the exception of guide dogs. If a Member requires the use of a guide dog, the Member should inform the Gym of this when applying for Membership.
- No smoking is permitted inside the Gym or anywhere else on the Gym’s property (including outside areas).
- Equipment and Facilities
- All equipment is inspected and tested on a regular basis. Maintenance is carried out as required.
- If a Member becomes aware of any damaged or defective equipment they should immediately cease using such equipment and inform a member of staff.
- Equipment may be withdrawn at any time and for any reason including, but not limited to, maintenance, repair and alteration.
- Equipment and facilities are available on a first-come-first-served basis.
- Car Parking Facilities
- Car parking facilities are provided for Members only and may only be used by Members when they are using the Gym.
- The Gym accepts no liability for any loss or damage which may result from a Member’s use of the car parking facilities. All such use is at Members’ own risk.
- Membership does not guarantee the availability of a parking space. Parking spaces are available on a first-come-first-served basis.
- All classes, workshops and similar events provided by the Gym must be booked in advance. No priority is given and places are allocated on a first-come-first-served basis.
- If a class requires the payment of an additional fee over and above the Membership Fee, this must be paid at the time of booking.
- If a class requires specific clothing, footwear, or other items which Members must provide, details of the class will specify such requirements. Members who fail to comply with such requirements may not be permitted to participate in the class.
- Members attending a class must arrive at least 5 mins before the scheduled time of the class. Members arriving later than this time risk losing their place in the class.
7.5 If a class involves a warm-up session, Members arriving after the warm-up session has begun will not be permitted to participate in the class for health andLimitation of Liability
To the fullest extent permissible by law, the Gym’s liability for any loss or damage suffered by Members shall be limited to that which arises out of the negligence of the Gym’s employees, sub-contractors or agents.
- The Member’s rights as a consumer under consumer protection legislation from time to time in force shall not be affected by these Terms and Conditions.
- The Gym may, from time to time, change these Terms and Conditions without notice, however it will use its reasonable endeavours to inform Members as soon as is reasonably possible of any such changes.
- Data Protection
The Gym will not share Members’ personal data with any third parties for any reasons without the prior consent of the Member concerned. Such data will only be collected, processed and held in accordance with the Gym’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
- No Waiver
No failure by the Gym to enforce any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
- Law and Jurisdiction
- These Terms and Conditions shall be governed by, and construed in accordance with, the laws of England and Wales.
- Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.