Terms

easyGym Membership Agreement

These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be bound by them.

1. DEFINITIONS

1. “Club” means a facility owned and operated by Fore Fitness Ltd trading as easyGym.
2. “Club Rules” means the rules and regulations governing the use of an easyGym Club.
3. “Home Club” means the Club to which you applied for membership
4. “easyGym” “us” “we” and “our” means Fore Fitness Limited trading as easyGym.
5. "Member" "you" and "your" means on-going direct debit, annual and daily prepaid members.
6. “PAR Questionnaire” –means the physical activity readiness questionnaire completed by you online.
7. "PIN”-means personal identification number.

2. MEMBERSHIPS OPTIONS

1. Monthly Direct Debit – entitles you to full use of the facilities of your Home Club on a monthly basis subject to clause 4(C) below)
2. Daily prepaid - entitles you to full use of the facilities at the Club for one day subject to clause 4(C) below.
3. Annual prepaid - entitles you to full use of the facilities of your Home Club for a 12-month period subject to clause 4(C) below.

3. YOUR MEMBERSHIP

1. You must be over the age of 18 to join an easyGym Club.
2. You must complete the PAR Questionnaire before you start using your membership and by completing the PAR Questionnaire warrant to us that you have no known condition or are undergoing any treatment that would prevent you from being capable of physical exercise in all material respects.
3. On entry into this Membership Agreement and every time you enter a Club during your membership, you warrant and represent to easyGym that you have no medical conditions known to you that would mean that you are not capable of all forms of exercise and that such exercise will not be detrimental to your health. If in doubt, it is your sole responsibility to consult a medical practitioner or to cancel your membership.
4. You will receive a PIN when you join online. On your first visit you must present your PIN and register with the biometric system in operation to gain access into the Club. If you forget your PIN, the Club may need to see proof of identity. If you have forgotten your PIN, you will need to request replacement via the easyGym website.
5. Your membership allows you to access your Home Club in accordance with the type of membership option that you have selected as set out above.
6. We may assign the benefit of your Membership Agreement or the ownership of your Home Club to another operator, firm or company at any time without giving you notice. Your membership will continue to be valid but your right to use other easyGym Clubs may be modified.
7. Your membership applies to you personally: you cannot lend, assign or transfer it to another person.
8. We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
9. We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you.

4. PAYMENT OF FEES

1. By completing the online application form and agreeing to be bound by these Terms and Conditions; you agree to pay all easyGym membership and other fees on time.
2. In addition to your monthly, annual prepaid, daily usage or other membership fees (which vary between Clubs), we will also charge you a Joining fee. This Joining fee will be displayed on the website and is non-refundable.
3. In addition to the Joining Fee and the Membership fees, we may also charge fees for studio classes, personal training, locker rental, beauty therapy, tanning and any other services the Club may provide from time to time. The fees may vary between Clubs.
4. Paying by monthly Direct Debit: The Joining Fee and your first month’s membership fees are collected from you by us by Direct Debit 3-5 working days from your membership application date and are non refundable under any circumstances with the exception of the Direct Debit Money Back Guarantee. Your second and subsequent Direct Debit for monthly membership fees will be collected from you on the monthly anniversary of the date of your membership application for the club which you applied for membership.
5. Prepaying daily by credit card: daily memberships for a specified day can be prepaid via credit or debit card on the website.
6. Prepaying annually: annual membership can be paid via credit card, debit card or direct debit. If you have chosen to prepay for annual membership via Direct Debit, the above applies except the collections will be for a 12-month period and subsequent Direct Debits will be collected on the annual anniversary of membership.
7. Your membership fees are subject to periodic increases and we reserve the right to pass on any changes in the rate of VAT to you. Fees will normally be reviewed on an annual basis but circumstances may dictate an earlier revision. You will normally be given one months-notice of any fee change. Membership dues for prepaid annual memberships will be reviewed only on renewal.
8. All payments made are non-refundable under any circumstances, except in relation to the Direct Debit Money back Guarantee.

5. FACILITIES AND SERVICES

1. In order to gain access to our Clubs you must provide your PIN and biometric information at all times.
2. You must not share your PIN or permit its use by anybody else.
3. You acknowledge that to provide the highest standards of facilities, each Club may need to close certain or all facilities temporarily for decorating, cleaning, essential repairs or maintenance of equipment and special events, that this may disrupt the provision of services to you and agree that such disruption shall not amount to a breach of this agreement by us.
4. Opening hours are subject to change and we will normally provide 1 month’s written notice where reasonably practicable.

6. CLUB USAGE

1. You must familiarise yourself with the Club Rules before you use each Club.The Club Rules are displayed in the reception of each Club and on the website. We may cancel or suspend your membership without notice if you break these rules.
2. You must wear appropriate clothes and shoes in the Clubs.
3. You must not:
   1. abuse the equipment or facilities of a Club (you will be liable to pay for any negligent or deliberate damage to property).
   2. behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other members of the gym or gym staff.
   3. use cameras or phones within restricted areas of a Club.
   4. smoke in any part of a Club, bring alcoholic drinks, drugs or other mood-altering substances into a Club.
   5. use the facilities of a Club while under the influence of alcohol, narcotics or other mood-altering substances.
4. We may refuse admission to or ask you to leave the relevant Club if easyGym reasonably believe that you have broken any section of this paragraph. No refund will be given if you are asked to leave a Club in such circumstances.
5. Members must secure their personal belongings on their person or place and secure them in the lockers provided by us at all times whilst using a Club’s facilities. Your property is left in these lockers entirely at your own risk.
6. You are responsible for ensuring that you correctly operate or use any facilities and/or equipment (including adjusting levels or settings) which we provide. If you are in any doubt about how to correctly operate any equipment, you must consult one of our representatives before use.
7. Personal Trainers operate in our clubs on a self-employed basis. Any service they provide to you constitutes a contract between the Personal Trainer and you rather than easyGym. We accept no responsibility for breach of contract or negligence caused by a Personal Trainer.

7. DATA COLLECTION

1. In the course of your membership, easyGym may collect certain personal information about you including personal details, financial details and information about your health. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications via the website. You have the duty to keep your personal information up to date and to inform us of any significant changes.
2. We will limit access to the processing of and use of your personal information to our employees and management who may, from time to time, require its use for marketing or other services. In addition, from time to time, we may need to make your personal information available to third parties such as legal authorities, our group companies and professional advisors.
3. Please contact the manager of your Home Club if you have any questions or concerns about how easyGym will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
4. We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes.
5. As a member of easyGym, you acknowledge that you have read and understand the provisions of this paragraph 7 and that you agree that easyGym may collect, use, process and disclose your personal information as described.

8. CANCELLATION OF YOUR MEMBERSHIP

Cancellation by you:

1. Monthly Direct Debit Membership: You may cancel your membership by cancelling your direct debit at any time after the payment of the first month’s fees and the joining fee. Your cancellation will take effect at the end of the month for which the final direct debit payment has been paid.
2. Daily Pre-paid Membership: Your membership will be cancelled at the expiry of the specified day you have selected.
3. Annual Pre-paid Membership: You may cancel your membership on at least one month’s written notice before the expiry of the membership and that cancellation of your membership will take effect on the anniversary of your first payment date.

Cancellation by us:

1. We may cancel your membership without notice if you commit a material breach of this agreement including, but not limited to, a breach of the Club Rules, abuse or threatening behaviour or vandalism or other illegal activity.
2. We may cancel your membership with immediate effect if
   1. you have breached any terms and conditions of this agreement; or
   2. membership fees or other charges remain unpaid 7 days after the due date and such a breach is not remedied by you within seven days, after being notified by us.
3. We may cancel your membership with immediate effect if your Home Club permanently ceases operation, In these circumstances, we will consider providing a pro rata refund for membership fees already paid in respect of any period after the cancellation date.

9. LIMITATION OF LIABILITY

1. Our liability for loss or damage to the property of Members and their guests is strictly restricted to damage or loss suffered due to the negligence of our staff or agents.
2. We will not be liable to you for any failure or delay in performing any of our obligations under this agreement or for any loss or damage to property if the failure, delay, loss or damage was due to any cause beyond our reasonable control, including any personal trainers.
3. We will not be liable for services offered to you by any third parties not directly employed by us, including personal trainers.
4. Any warranties and other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
5. We will not be liable for any loss that results from our failure to comply with this agreement for any loss of income or revenue; loss of profit; loss of business; loss of anticipated savings; pure economic loss or loss of data. However this clause will not prevent claims for death or personal injury or fraudulent misrepresentation.

10. FORCE MAJEURE

1. For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of easyGym including but not limited to strikes, lock-outs or other industrial disputes (whether involving easyGym or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
2. easyGym shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
3. If the Force Majeure Event prevents easyGym from providing any of the services for more than 90 days, easyGym may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you.

11. GENERAL

1. Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
2. Where a provision of this agreement is deemed to be invalid or unenforceable by any English Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
3. We may assign or transfer the benefit of this agreement our obligations under it, to any other legal entity at any time without notice to you.
4. All and any Intellectual Property Rights in or arising out of or in connection with the services provided or in relation to this agreement shall be owned by easyGym.
5. Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
6. Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
7. This agreement shall be governed by English law and the English courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it.