Terms & Conditions
These Membership Terms and Conditions apply to adult Members (i.e. those persons of 18 years of age or more).
These Membership Terms and Conditions are between you and Victory Fitness These Membership Terms and Conditions, along with your Membership Agreement, form your overall Membership with us.
Your attention is particularly drawn to the cancellation terms set out at Clause 6.
If you need to contact us in relation to your Membership, please use the contact page on the victoryfitnessstudio.co.uk website or by post at: 162 ground floor, high street, Rowley Regis, B65 0DX
MEMBERSHIP TERMS AND CONDITIONS
Classes: : health/fitness classes in your Home Club's class timetable, which may be subject to change from time to time
Gym Etiquette and Code of Conduct: the standards of behaviour required for safe and acceptable use of our gyms, as displayed in our clubs a copy of which is available on our website, www.victoryfitnessstudio.co.uk
Member: a member of the Home Club.
Membership: your Membership Agreement and these Membership Terms and Conditions, copies of which are available on our website: www.victoryfitnessstudio.co.uk.
Membership Agreement: your membership agreement, which sets out, among other things, your Monthly Fee.
Membership Fees: the charges payable for your category of membership as set out in your Membership Agreement.
Membership Support Team: speak to one of our employees at the club or email us at email@example.com .
Monthly Fee: the monthly payment of your Membership Fee as set out in your Membership Agreement.
Personal Training Policy: means the policy set out at Schedule 1 that apply to Members who purchase one or more PT Sessions.
Physical Activity Readiness Questionnaire: the questionnaire to be completed by each Member before commencing physical activities.
PT Sessions: means either 1-2-1 PT Sessions or Group PT Sessions (as applicable_ as more particularly set out in Schedule 1.
Rolling Term: a rolling term of one calendar month paid in advance by a Monthly Fee which can be cancelled in accordance with Clause 6.3.
Services: the usage of our Gym Facilities and, if applicable, Classes.
Teen Membership: means membership for an individual who is aged 14 or 15 years old (where consent of a parent or guardian is required), or 16 or 17 years old.
we/us/our: victoryftinessstudio.co.uk trading as Victory Fitness
you/your: the named user entering into the Membership with Sportsdirect.com Fitness Limited.
2.1. Your Membership will commence on the date you sign your Membership Agreement and shall continue until on a Rolling Term until cancelled or a contract in accordance with these Membership Terms and Conditions.
2.2 You will be entitled to all the rights and privileges exercisable for the type of membership that you have chosen. If your chosen membership option does not include access to the Studio Facilities or Classes, you must pay an additional fee in order to use the Studio Facilities or participate in any Classes. The Studio Facilities and Classes are subject to availability and/or limits on the number of places available (Classes do not include PT Sessions).
3.1. An application for Membership may be made online or at a reception at the Studio.
3.2. Teen Memberships must be applied for using a separate set of terms and conditions (available on the website or at the studio). You will be asked to provide proof of age on application for a Teen Membership. Acceptable forms of proof are, for example, a valid passport or a birth certificate.
3.3. We may offer special concessionary rates from time to time for which we reserve the right to require an applicant for the concessionary rate to provide us with evidence, to our satisfaction, of their eligibility for the concessionary rate.
3.4. Acceptance of an application for Membership is solely at the discretion of the club management and reasons need not be given for refusal.
3.5. You agree to comply and be bound by these Membership Terms and Conditions, our Gym Etiquette and Code of Conduct. If you choose to purchase one or more PT Sessions you agree to comply and be bound by the Personal Training Policy (see Schedule 1).
3.6. Your Membership is personal to you. You must not share, sell, lend, or otherwise allow another person to use. Any Member found to be doing so shall have his/her Membership revoked.
3.7. You may enter the Studio no later than 15 minutes before closing.
3.8. You must complete a Physical Activity Readiness Questionnaire before commencing use of the Services.
3.10. All guests must be (i) introduced by a Member or present a valid guest pass which has been issued by one of our authorised distributors; (ii) pay the guest fee and (iii) complete a Physical Activity Readiness Questionnaire before using the club. As a Member, you will be fully liable and responsible for the actions and behaviour of your guests and shall ensure that they comply with all Membership Terms and Conditions, regulations and policies applicable to the club.
3.11. If you have a physical disability and require assistance from your carer to use the Studio Facilities your carer may have free access to the Club and free use of the Studio Facilities available under your Membership when supporting your use of the Studio Facilities only and subject to the carer completing a Physical Activity Readiness Questionnaire and certain other conditions as required by the Club from time to time. Carers are expected to supervise the member and seek assistance where required when using the Studio Facilities. Please discuss your requirements with the Club manager. The carer is not permitted to use the Studio Facilities without the member being present.
3.12. Access to our club is via a secured entry system and you must verify your identify before entering. Any failure to do so may result in you being denied access to the club.
3.13. You acknowledge that we may make reasonable changes to the codes, protocols and policies applicable to the clubs at any time and at our discretion provided that we give you advance notice of the changes.
3.14. Members and guests must be aged 16 years or over (unless they hold a Teen Membership).
3.15. You agree to advise us promptly of any change to your Member details, as provided on your Membership Agreement.
4. APPLICATION OF CONDITIONS AND OUR OBLIGATIONS
4.1. These Membership Terms and Conditions shall prevail over any inconsistent terms or conditions contained or referred to in your Membership Agreement or implied by law, trade custom, practice or course of dealing. This will not change your statutory rights.
4.2. We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services.
4.3. We shall notify you of any changes in the manner we deem most appropriate, which may include emails to the email address you supplied on joining, updates to our website or signs within the clubs, as the case may be.
4.4. We shall use reasonable endeavours to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.
4.5. Time shall not be of the essence for our performance of the Services under the Membership.
4.6. Any complaints should be brought to the attention of a member of staff. Any complaints unresolved at the time of the incident shall be referred to and dealt with by the club manager.
5. MEMBERSHIP FEES AND CHARGES
5.1. You agree to pay the Membership Fees in accordance with your Membership Agreement. Unless we agree otherwise, you shall pay the joining fee as set out in your Membership Agreement.
5.2. The joining fee and Monthly Fee are each payable immediately and the joining fee and Monthly Fee are not refundable other than due to cancellation under Clause 10.1 (Right to Cancel) of these Membership Terms and Conditions.
5.3. You cannot transfer your Membership to another person.
5.4. We administer your Direct Debit payments. The name "Victory Fitness" will therefore appear on your bank/building society statement next to your payments.
5.5. You must make any applicable Direct Debit payments regardless of non-attendance, except where you cancel by informing your bank, ceasing to make Direct Debit payments for the Monthly Fee or otherwise in accordance with these Membership Terms and Conditions.
5.6. If we charge you at a higher rate for your Membership Fee and it is our error, we will reimburse the difference between the incorrect rate charged and the correct rate of Membership Fee in the Direct Debit immediately following our deduction of the incorrect rate.
6. YOUR ROLLING & CONTRACT TERM MEMBERSHIP
6.1. The Direct Debit payment amount is due from you to us. You must make Direct Debit payments to continue your Membership.
6.2. Direct Debits are collected on or just after the date you set up and every month thereafter.
6.3. We will automatically continue collecting the Direct Debit payment amount every month until you cancel your Membership by either giving us written notice before your next Direct Debit payment is taken or when you inform your bank to cancel your Direct Debit for your Membership Fee. You may give us notice by emailing us at firstname.lastname@example.org or visit us at the studio. Your Membership will end as soon as the direct debit is cancelled.
6.4. If you are on a 12month membership, you have agreed to a 12 month contract. Any cancellations without notice or cancellation of direct debit will receive a re-occurring payment on their account until cleared. Cancellations for a 12month contract must be sent via email before cancelling direct debit and MUST fit in with the following guidelines - Relocation of 10+miles from Victory Fitness, injury to prevent you from exercising. Any financial difficulty please contact us to see if we can give you alternatives.
6.5. Please note that we do not provide reminders regarding your Direct Debit payments. If your Membership includes the benefit of a free period then we will stop making collections during that free period and recommence making collections on the renewal date. We will give you at least 1 calendar month's written notice to the email address you supplied on joining of any increase to the Monthly Fee and, following such increase, we will continue to collect Direct Debit payments for the increased amount every month until your Membership is terminated in accordance with your Membership.
7. REFURBISHMENT AND REPAIR
7.1. You acknowledge that it may be necessary for us to close all or parts of our clubs from time to time to carry out refurbishments or repairs and that this may disrupt our provision of the Services. Subject to Clause 7.2, you agree that any such disruption shall not constitute a material breach of the Membership. We will always take care to minimise any inconvenience caused.
7.2. If your Home Club is closed for an extended period, we will use our best efforts to provide you with suitable alternative facilities for the duration of the closure. Where we are unable to do so, we may, at our discretion, refund a proportion of your Membership Fees already paid that relate to the period of closure and/or add any closure period onto the end of your Rolling Term, as appropriate.
8. LIMITATION OF LIABILITY
8.1. Nothing in your Membership shall limit or exclude our liability:
8.1.1. for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
8.1.2. for fraud or fraudulent misrepresentation;
8.1.3. to pay reasonable compensation should you suffer loss or damage caused by our negligence; or
8.1.4. for any liability that cannot be limited or excluded by law
8.2. Subject to Clause 8.1 above, this Clause 8 sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and subcontractors) to you in respect of:
8.2.1. any breach of your Membership;
8.2.2. any use made of the Services; and
8.2.3. any representation, statement, tortious act or omission arising under or in connection with your Membership.
8.3. We shall not be liable for any services offered by any third parties including personal trainers who are self-employed.
8.4. Subject to the other provisions of this Clause 8, we shall not be liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Membership.
8.5.Subject to Clauses 8.1 to 8.4 inclusive, our total liability in connection with the performance, or contemplated performance, of your Membership, shall be limited to twelve times your current monthly Membership Fee.
8.6. Members must either secure their personal belongings on their person or, where available, on every occasion the club is used, we, our employees, agents and subcontractors will not be liable for any loss, damage or theft of any property brought onto any of our premises either secured or not secured.
8.7. The above limitations do not affect your statutory rights.
9. CANCELLATION BY US
9.1. Without prejudice to any other rights or remedies which each party may have, we may cancel the Membership immediately on giving notice to you if you are in breach of these Membership Terms and Conditions.
9.2. Should you harass, threaten or abuse our staff or other Members of our clubs, maliciously damage our property, or should you commit any illegal act whilst on our facilities, we may cancel your Membership immediately and no refund of payments already made shall be available.
10. CANCELLATION/ FREEZING BY YOU
10.1. Cancellation: You have 14 full days from the day after signup to cancel your Membership for any reason. To exercise this right you must inform us of this in writing by emailing us at Victoryfitnessstudio@gmail.com or visiting us in club.
10.2. Non-renewal of Rolling Term: Memberships with a Rolling Term may be cancelled in accordance with Clause 6.3.
11. VARIATION OF MEMBERSHIP
11.1 You may upgrade your category of Membership (e.g. from a class only membership to a class and PT exercise membership) at any time during your Membership, however you may not downgrade your category of Membership (e.g. from a PT and group exercise membership to a class only membership).
11.2 Upgrade: To upgrade your category of Membership, please ask the staff for a Membership Amendment Form. A joining fee may apply, depending on the change required and the current fees at the time of change, please ask staff for details. The cancellation right at Clause 10.1 shall not apply where you choose to upgrade your category of Membership under this Clause 11.2.
11.3 Downgrade: If you wish to downgrade your category of Membership, you must cancel the Membership in accordance with Clause 6.3 and re-join under a new Membership Agreement. A joining fee may apply, depending on the change required and the current fees at the time of change, please ask staff for details. For the avoidance of doubt, the cancellation right at Clause 10.1 shall apply where you choose to cancel your Membership and re-join under this Clause 11.3.
12.1. If you pay as you go on classes and cancel more than 24hours when class is due to start, we will re-fund you the full amount of the class. However, if you cancel the class less than 24hours no refund is available.
12.2. Transformation Programmes and Personal Training. If you wish to have a refund you have 7 days to change your mind. However once the programme has started and you change your mind you will not qualify for a refund. However if you gain an injury where you an no longer exercise and have a doctors note we can Refund what wasn't used to that point.
13. DATA PROTECTION
14.1. We may assign the benefit of your Membership and our rights thereunder to a third party on notice to you. Your rights under your Membership will not be prejudiced. You may only transfer your rights and obligations under your Membership if we agree in writing.
14.2. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside our Control.
14.2.1. An "Event Outside our Control" means any act or event beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks).
14.2.2. If an Event Outside our Control takes place that affects the performance of our obligations under these Terms:
188.8.131.52. we will contact you as soon as reasonably possible to notify you; and
184.108.40.206. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control. Where the Event Outside our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event Outside our Control is over.
14.3. If any provision of the Membership (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Membership, and the validity and enforceability of the other provisions of the Membership shall not be affected.
14.4. Unless set out in these terms, any notice or other communication to be given by you to us under the Membership must be delivered in writing to us at the addresses set out at the top of this Membership Agreement, or any such addresses as may be notified by us to you from time to time. We will give notice to you under the Membership using the email address supplied by you on joining.
14.5. A person who is not a party to the Membership shall not have any rights to enforce its terms.
14.6. If we fail to insist that you perform any of your obligations under the Membership, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.7. The Membership and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Membership or its subject matter or formation (including non-contractual disputes or claims).
SCHEDULE 1 – PERSONAL TRAINING POLICY
Where PT Sessions have been purchased, the Member agrees to comply with the following rules set out in this Personal Training Policy. Unless otherwise specified, all rules shall apply to 1-2-1 PT Session(s) and Group PT Sessions.
Inadition to the definitions set out in the Membership Terms and Conditions, the following definitions shall apply in this Schedule 1:
'1-2-1 PT Sessions' means personal training sessions purchased by a Member for 1-2-1 personal training.
'Group PT Sessions' means personal training sessions purchased through the Club by a Member, where that Member is entitled to bring a second Member to each Group PT Session.
'Lead Member' means the Member who purchases Group PT Sessions and is entitled to invite one other Member to join the group PT Sessions.
'PT' means a suitably qualified individual leading the PT Session.
'PT Session(s)' means either 1-2-1 PT Sessions or Group PT Sessions (as applicable).
1.1. All PT Sessions must be paid for in advance and are non-refundable and non-transferable.
1.2. PT Sessions paid for by Direct Debit (DD) shall have a minimum commitment of 3 calendar months, and payment shall be taken in advance on a monthly basis, on or just after the 1st of the month (e.g. PT Sessions scheduled to take place throughout December shall be paid for by DD on or just after the 1st of December).
1.3. PT Sessions can be purchased by DD in blocks of 4, 8 or 12 sessions per month. The quantity of sessions per month can be increased at any time but may only be reduced after 3 calendar months (e.g. a Member may purchase 8 sessions per month and increase this at any time but cannot reduce down to 4 sessions per month until 3 calendar months have passed). For the avoidance of doubt, the conditions for DD payments set out above at Clause 1.2 of this Schedule 1 shall also apply to this Clause 1.3.
1.4. Payment for PT Sessions must be made directly by the Member for 1-2-1 PT Sessions, or the Lead Member for Buddy PT Sessions.
1.6. Where a Member’s membership has been terminated in accordance with Clause 10.2 of the Membership Terms and Conditions, they shall not be entitled to any refund for 1-2-1 PT Sessions.
1.7. Where a Lead Member’s membership has been terminated in accordance with Clause 10.2, they shall not be entitled to any refund for Buddy PT Sessions, and it is their responsibility to communicate to the Buddy Member that any outstanding Buddy PT Sessions have been cancelled.
1.8. For the avoidance of doubt, the Club has no responsibility to the Buddy Member in relation to the Buddy PT Session(s) and any disputes arising between the Lead Member and a Buddy Member in connection with the Buddy PT Sessions shall be dealt with by the Lead Member and Buddy Member without involvement from the Club.
2. The Personal Trainer
2.1. The PT is not qualified to prescribe treatment or diagnose medical conditions. They may at any time ask to consult with a Member’s GP should any medical condition arise.
2.2. Should a Member have any feedback, comments or concerns regarding their PT, they must contact the Club Manager directly.
3. PT Sessions
Cancellation and rescheduling
3.1. In respect of 1-2-1 PT Sessions, if a Member is not able to attend a 1-2-1 PT Session at the agreed time, the PT must be given no less than 24 hours’ notice via the PT’s personal contact details or by contacting the Club Manager, and the 1-2-1 PT Session may be rescheduled at a mutually convenient time for the PT and Member. At the PT or Club Manager’s sole discretion, if 24 hours’ notice is not given, the 1-2-1 PT Session will be lost and no refund will be given.
3.2. In respect of Buddy PT Sessions, the Lead Member is solely responsible for notifying the PT and the Buddy Member of any cancellation/reschedule. In particular, where:
3.2.1. both the Lead Member and Buddy Member are not able to attend a Buddy PT Session at the agreed time, the Lead Member must give the PT no less than 24 hours’ notice to cancel and reschedule the Buddy PT Session via the Personal Trainers contact details.
3.2.2. the usual Buddy Member is unable to attend a Buddy PT Session at the agreed time, the Lead Member is permitted to bring a replacement buddy to the Buddy PT Session;
3.2.3. the Lead Member is unable to attend a Buddy PT Session at the agreed time, the Lead Member must notify the Buddy Member and give the PT no less than 24 hours’ notice to cancel and reschedule the Buddy PT Session via the contacting the Personal Trainer or
3.2.4. no notice has been given to cancel the Buddy PT Session and only the Lead Member arrives, then that Buddy PT Session shall continue. For the avoidance of doubt, where no notice has been given and if only the usual Buddy Member arrives, the Buddy PT Session shall be cancelled with no refund.
At the Club Manager’s sole discretion, if 24 hours’ notice of cancellation is not given, the Buddy PT Session may be lost and no refund will be given by the Club.
3.3. Any PT Session cancelled by a Member/Lead Member on more than 24 hours’ notice must be rescheduled within 30 days, otherwise that PT Session is deemed void and non-refundable.
3.4. If the PT is absent for any reason, the PT or Club Manager will contact the Member/Lead Member, no less than 12 hours before the affected PT Session and may either:
3.4.1. supply a substitute PT for the PT Session; or
3.4.2. reschedule the PT Session at a mutually convenient time for the PT and Member/Lead Member.
For the avoidance of doubt, Lead Member’s are responsible for notifying the Buddy Member of any cancelled or rescheduled Buddy PT Sessions.
3.5. If the PT ceases to deliver PT Sessions at the Club, the Club will allocate a new PT to deliver any outstanding PT Sessions.
3.6 If the PT is late by 10 minutes or more for a PT Session, additional time shall be granted to ensure the Member receives the full duration of the PT Session as planned.
3.7 In respect of 1-2-1 PT Sessions, if a Member is late for a PT Session by less than 20 minutes, then it is assumed that the PT Session started at the agreed time and will end at the agreed time (and no additional time granted). If a Member is late by 20 minutes or more, that PT Session may be cancelled and no refund or rescheduled PT Session will be made.
3.8 In respect of Buddy PT Sessions, if either the Lead Member or Buddy Member is late, then it is assumed that the Buddy PT Session started at the agreed time and will end at the agreed time (and no additional time granted).
3.9 All PT Sessions must be used within the calendar month in which they were paid for.
3.10 Any PT Sessions not used before their expiration will be lost and may not be carried over into the following month unless agreed by the PT or Club Manager in their sole discretion.