Membership Agreement

INTRODUCTION

This is an Agreement between you (the “Member” or “You”) and The Gym Limited (“The Gym Group”, “The Gym”, “us”, “We” or “we”), a company registered in England and Wales (registration number 05659669), whose registered office is the Fifth Floor, No 1 Croydon, 12-16, Addiscombe Road, Croydon, England, CR0 0XT.

By completing the joining process at our website and becoming a Member of The Gym Group, you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.

Definitions

Add-on: a secondary product that you may have in addition to your Membership. Special terms apply to Add-on products; see below for currently available products:
- YANGA Sports Water
Administration Fee: our fees raised for changing membership terms or arising out of any breach of the membership rules and terms within this membership agreement.
Free freeze/Freeze at no cost: Ultimate members (defined below) are able to freeze their membership for up to a 1 month period for free. The freeze will take effect from the start of your next billing date. This date will be made clear upon freezing. The member can cancel the freeze at any point by making a pro-rata payment for the period of time they will access the gym.
Paid freeze/Freeze at a cost: All members are able to freeze their membership for a period of time of their choosing for a cost. The freeze will take effect immediately. The member can cancel the freeze at any point by making a pro-rata payment for the period of time they will access the gym.
Gym Membership Rules: the rules governing your conduct as set out on our website at https://www.thegymgroup.com/legal/the-gym-group-membership-rules/.
Home gym: the gym in which a member has signed up. This can be changed in the member area.
Joining Fee: the amount notified to you as part of the website joining process as a one-off fee payable for membership.
Massage Therapy: services provided directly to you which do not form part of this Membership Agreement and are subject to a separate agreement between you and the therapist.
Member Area: the online portal for Gym members at www.thegymgroup.com/member-area
Membership: your agreement to specific terms with us, which can be on various terms and conditions, some of which are only available at certain gyms, as follows:
- DO IT. Membership: a membership for one specified gym.
- STANDARD Membership: a membership for one specified gym.
- LIVE IT. Membership: a membership that offers a range of benefits including access to multiple gym locations, the ability to bring different friends with you each calendar month, unlimited FitQuest fitness and body composition measurements, and a selection of discounts & perks. See relevant section below for more details.
- ULTIMATE Membership: a membership that offers a range of benefits including access to multiple gym locations (up to 4 other gyms), the ability to bring different friends with you each calendar month, unlimited FitQuest fitness and body composition measurements, Free Freeze (defined above), a selection of discounts & perks.
- OFF-PEAK Membership: a membership that allows the holder to enter The Gym during specified times of the day defined as off-peak. Off-peak times are defined per gym The details of which can be found on the specific gym page of you home gym.
- LIVE IT Fixed membership: a membership that offers a range of benefits including access to multiple gym locations (up to 4 other gyms), the ability to bring different friends with you each calendar month, unlimited FitQuest fitness and body composition measurements, and a selection of discounts & perks – all with a fixed duration of either 3, 6, 9, or 12 months.
- ULTIMATE Fixed Membership: a membership that offers a range of benefits including access to multiple gym locations (up to 4 other gyms), the ability to bring different friends with you each calendar month, unlimited FitQuest fitness and body composition measurements, and a selection of discounts & perks – all with a fixed duration of either 3, 6, 9, or 12 months.
- STUDENT Membership: Membership available to Students only, with a fixed duration of either 6, 9, or 12 months, and subject to the separate student terms and conditions set out herein.

Monthly Membership price: Upon joining, this is the amount you agree to pay each month for your Membership, by either direct debit or recurring card payments.
Fixed Membership price: upon joining, this is the amount you agree to pay upfront for your fixed term membership type.
Fixed Membership: This is a membership term type. Upon joining you pay an upfront membership fee to obtain a membership for a set period of time (e.g. 9 or 12 months) from the day of joining. The end date of this term will be visible in the member area.
Personal Training Sessions: sessions booked by you directly with an independent self-employed trainer which do not form part of this agreement and are not provided by The Gym Group and are subject to a separate agreement between you and the individual.
Promotional Rate: In relation to any Monthly Membership Amount and/or the amount payable from time to time for any category of Membership, the introductory or other promotional amount you agree to pay during the introductory period specified in the promotional or introductory offer.
Sports Therapy: Services provided directly to you which do not form part of this membership and are subject to a separate agreement between you and the therapist.

Starting your Membership

Our joining process is an online process. Full membership prices and options can be found on our website (www.thegymgroup.com), to be selected by you as part of the joining process. By completing the online joining process and becoming a Member of The Gym Group, you are accepting all the terms and conditions in this Membership Agreement (insofar as they are applicable). You should only join if you have read them and accept them.
This Membership Agreement starts once you have accepted the terms during the online joining process or by other means with us, such as our corporate membership agreements. By accepting the terms, you are agreeing to pay any applicable Joining Fee, Administration Fee, Membership Amount and Monthly Membership Amount. These are shown at the start of the joining process and again before you confirm your payment instruction.
Your Membership starts immediately. We may inform you during the online joining process that a waiting list is in operation, due to your chosen gym opening soon, in which case your Membership starts when the gym opens. We will inform you of this date via email.
You agree to comply with The Gym Group Membership Rules and you agree to use the gym facilities and equipment in the proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury you suffer through the incorrect use of our equipment or facilities.
You confirm that you are at least 16 years old. Please note that you must provide on request valid proof of age if we believe you to be under the age of 16. If you are unable to provide valid proof of age on request your membership may be terminated.
You will be liable for any damage caused to our equipment or facilities through your negligent use.
You agree to tell us immediately of any changes to your personal details, including contact information; this should be done in the online Member Area.

Member health agreement declaration

You warrant, declare and acknowledge that:

The information given by you in entering this agreement is correct and will be relied upon by us.
Our staff, agents and subcontractors are not medically trained, and should you have any concerns with your health and fitness you should seek independent medical advice before engaging in any physical activity on our premises.
To the best of your knowledge and belief, you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well-being or physical condition. Further, that you will advise us immediately should your health or vulnerability to injury change.

You are primarily responsible for your health and wellbeing, but we at The Gym Group are concerned that you enjoy our facilities safely. To that end we consider that we should expect the following of each other.

From us:

Whilst we will respect your decision over your training regime, we reserve the right to ask you not to exercise beyond what we reasonably believe to be your personal ability.
We shall endeavour to maintain a safe environment for you to enjoy your exercise.
We shall endeavour to ensure that our fitness trainers and staff are qualified to fitness industry standards.
We shall always keep confidential any information that you give us regarding your health.

If you are a wheelchair or disabled user, we require you to have an induction at one of our venues to ensure your safe use of our facilities and equipment.

Using the gym

You are entitled to access and to use the gym or gyms defined by your Membership until termination or suspension of that Membership pursuant to this Agreement.
We will make reasonable endeavours to make available to you the rights and privileges of Membership of the gym or gyms you joined and have paid for. This includes access to the gym and gym equipment, changing areas, staff and independent self-employed trainers for general advice. We will make reasonable endeavours to communicate to you in advance if we are unable to make available to you the rights and privileges of Membership.
Members with an Off-Peak Membership will be able to enter the gym during specified times only, as set-out in the homepage of your primary gym, or in the members area online. Definition of Off-Peak Membership above.
To ensure appropriate use of our gyms, gym equipment and facilities we may monitor members’ use of our gyms. On occasions we may deem your behaviour to be potential abuse of the system, if this occurs, we will communicate to you and give reasonable time to correct the behaviour before we may take action.

Changing your Membership

Membership types can be changed. Fees may apply. Details can be found online in the Member Area.
If you have a discounted Membership and you change to a new Membership product, you will waive the right to the discount (or any Promotional Rate) on the original Membership and pay the standard price on the new Membership.
If you have a discounted Membership and your Membership is terminated, you will waive the right to the discount and pay the advertised Membership Amount or Monthly Membership Amount if you later choose to re-join The Gym Group.
If you benefit from a LIVE IT. OR ULTIMATE Membership you may select up to 4 gyms in addition to your home gym that you would like to be able to access. This can be done online in the Member Area. You may change your selections at any time, free of charge. These changes may take up to 20 minutes to come into effect.
We reserve the right to change the access privileges of members with Membership packages that allow access to multiple gym locations.
We may, with reasonable notice and at our discretion, close our premises for reasonable periods of time to carry out maintenance, repairs, refurbishment, cleaning or for other reasons outside of our control, including at least 2 days a year for necessary maintenance or other work. We will endeavour to reopen facilities as soon as is reasonably possible in these circumstances. You agree that you will not be eligible for any refund for the temporary interruption in services during the period.
We reserve the right to increase, reduce or withdraw certain facilities, services, or activities as well as change opening times in any gym either permanently or temporarily at any time. Where possible we will aim to give at least 1 weeks’ notice of any changes.

Freezing your Membership

If you are an ULTIMATE member, you may freeze membership for 1 month in a 12 month period at no cost. The free freeze period starts on the next billing date of the membership and the membership is automatically unfrozen at the end of the month period. ULTIMATE members are required to use the free freeze membership option before accessing the paid freeze options. Details of which can be found below under Live It and Ultimate memberships.
If you are a monthly membership member, you may freeze your account at a cost (paid freeze), at any time. This can be accessed through the member area. The freeze will take effect immediately and can be cancelled at any time in the member area of the site.
Ultimate members must have used their free freeze entitlement before freezing their membership at a cost, their account must be activated in order to apply to freeze their account at a cost.
When your membership is frozen your PIN will be deactivated and you will not have access to a gym. In order to reactivate your PIN you can cancel your freeze at any time.
If you have a discounted membership your discounted rate will remain for the specified period after your freeze has ended.
When a member freezes their account at a cost, they must reactivate their account in the member area of the site. This can be done at any time and a pro-rata payment will be taken for the remaining period before their next billing cycle, in which they will have access and use the gym.
If you cancel your free freeze within the 1 month period, you have used your free freeze entitlement and must pay to freeze your account.
A multi-month discount promotion will be cancelled if a freeze is implemented during a discounted month. Upon unfreezing your payment will revert to the full price.

Managing your permissions and data

There are certain email and SMS communications which it is necessary for us to send to all members, in connection with their Membership. In order to do so we will process your personal data for the purposes of performing our contractual obligations to you under the terms of your Membership. You cannot opt out of these communications. You may opt out of email and SMS communications that we may otherwise send for promotional or marketing purposes, but if you do we cannot be held responsible for any loss incurred by you not receiving gym-related communications. All processing of your personal data will be in accordance with our Privacy, CCTV & Cookie policy, available at https://www.thegymgroup.com/privacy-cookie-policy/.
For the safety and security of you, our other members and our staff, and for associated purposes of crime prevention and detection, we operate 24-hour CCTV security at all our gyms. The images will be captured, processed and retained in accordance with our separate Privacy, CCTV & Cookie policy, available at https://www.thegymgroup.com/privacy-cookie-policy/. Access to such footage will also be governed by the provisions of that policy.
We will securely store personal data including membership information and recorded CCTV footage in accordance with our privacy policy which is available at https://www.thegymgroup.com/privacy-cookie-policy/
You can contact us with any queries or concerns by emailing dataprotection@thegymgroup.com from (or quoting) the email address that we hold for you.

Special terms for LIVE IT. and ultimate memberships

As an ULTIMATE member, you may select 4 gyms that you would like to be able to access in addition to your home gym. This can be done online in the Member Area. You may change your selections at any time, free of charge; these changes will take up to 20 minutes to come into effect. You can choose and access any gym in our estate without changing your direct debit sum, however, as the price of a LIVE IT. Membership differs by gym, should you use a more expensive gym more frequently than your home gym within any month, you will receive a surcharge at the end of that month for the difference in price.
As an ULTIMATE member, you can invite up to 4 friends a month to join you for a gym session. This can be done online in the ‘Bring a friend’ section in the Member Area. When you use the ‘Bring a friend’ benefit you confirm that you are bringing a friend to join your training session and agree to both comply with The Gym Group Membership Rules. You can only invite the same friend twice each month. Unused invitations can be cancelled up until they have been accepted. On the 1st of every month all invites will be refreshed and you will have 4 new invites to use. Any unused invites at the end of the month do not rollover to the following month.
As an ULTIMATE member, you can benefit from a range of discounts & perks from a selection of our external partners. The partners are responsible for establishing a separate set of terms & conditions with you. The Gym Group cannot be held responsible for the goods or services provided by these suppliers.
As an ULTIMATE member, you can have free access to the Fiit app. This can be done by downloading the Fiit app – found in the relevant app store, or through the download links sent via email in the communications, or on our site. You must log in to the Fiit app using the “Sign in with The Gym Group” option on the sign in screen. You must use your email address and PIN associated to your membership in order to gain full access.
As a ULTIMATE member, you may freeze membership for 1 month in a 12 month period at no cost. The free freeze period starts on the next billing date of the membership and the membership is automatically unfrozen at the end of the month period. ULTIMATE members are required to use the free freeze membership option before accessing the paid freeze options.

special terms for pay upfront saver term memberships

All pay upfront saver Memberships can be purchased for a one-off payment that differs between gyms. Please see our website for individual gym pricing
The end date of your membership can be found in the member area of the site once logged in.
All pay upfront saver memberships do not have access to the freeze functionality. You are unable to freeze your account and extend your membership end date.
All pay upfront saver memberships do not have access to changing their memberships and changing their home gyms.
All pay upfront saver memberships do not have access to yanga sports waters in the member area.
All pay upfront saver memberships can benefit from a range of discounts and perks from a selection of our external partners. The partners are responsible for establishing a separate set of terms and conditions with you. The Gym Group cannot be held responsible for the goods or services provided by these suppliers.
As an ULTIMATE pay upfront saver member, you may select up to 4 gyms that you would like to be able to access in addition to your home gym. This can be done online in the Member Area. You may change your selections at any time, free of charge; these changes will take up to 20 minutes to come into effect. You can choose and access any gym in our estate without a cost, however, as the price of an ULTIMATE pay upfront saver Membership differs by gym, should you use a gym deemed more expensive more frequently than your home gym within any month, you will receive a notification of potential abuse of the system and given a warning to start using your home gym again. If behaviour doesn’t change with reasonable timing, we reserve the right to remove your additional gym access from 4 to 0.
As an ULTIMATE pay upfront saver Member, you can invite up to 4 friends a month to join you for a gym session. This can be done online in the ‘Bring a friend’ section in the Member Area. When you use the ‘Bring a friend’ benefit you confirm that you are bringing a friend to join your training session and agree to both comply with The Gym Group Membership Rules. You can only invite the same friend twice each month. Unused invitations can be cancelled up until they have been accepted. On the 1st of every month all invites will be refreshed and you will have 4 new invites to use. Any unused invites at the end of the month do not rollover to the following month.
As an ULTIMATE member, you can have free access to the Fiit app. This can be done by downloading the Fiit app – found in the relevant app store, or through the download links sent via email in the communications, or on our site. You must log in to the Fiit app using the “Sign in with The Gym Group” option on the sign in screen. You must use your email address and PIN associated to your membership in order to gain full access.

Special terms for off -peak memberships

The Off-Peak times for your gym can be found on the gym page of the site or in the member area.
We reserve the right to change the Off-Peak times of your gym at any time. Communication will be sent to you with reasonable warning of when we are doing so. If the new Off-Peak times no longer work for you then you may change your membership to Standard or Ultimate in order to access the gym at all times. This can be done in the member area of the site.
There may be cases where an Off-Peak member can book a class within peak hours, please note that Off-Peak members cannot attend these classes and will be turned away at the door. In order to attend classes in peak periods then you will need to upgrade your membership to Standard or Ultimate. This can be done in the member area of the site.
We will be monitoring all Off-Peak member’s use of the gym and the time that you arrive. If you consistently enter the gym within our abuse window, you will receive a notification of potential abuse of the system and given a warning to start using the gym during the Off-Peak window. If behaviour doesn’t change with reasonable timing, we reserve the right to terminate your membership.

special terms for students memberships

You agree that to be eligible for a Student Membership you must be in full or part-time education and will provide proof of this status if requested.

Special terms for the “YANGA Sports Water” add-on

YANGA Sports Water is a healthy alternative to performance drinks and a more flavoursome substitute for water. It is vitamin enriched, and without colourants or caffeine.
YANGA Sports Water is available to members at most Gym locations. It can be purchased as an Add-on product in our online Member Area. By signing up to YANGA Sports Water you will be able to access the YANGA Sports Water machines within participating Gym locations.
YANGA Sports Water is provided by Yanga Sports Water. The Gym Group cannot be held responsible for goods and services provided by Yanga Sports Water.
The YANGA Sports Water Add-on can be cancelled at any time by visiting our online Member Area. You will need to cancel at least 4 working days before your next direct debit date to avoid being charged the following month’s payment.
The Gym Group may choose to offer a free trial to YANGA Sports Water. When this offer is available, a member of The Gym Group can subscribe to the YANGA Sports Water Add-on and use the service free of charge for the designated period. After the free trial period, a new monthly direct debit commitment will automatically begin. You will need to cancel your YANGA Sports Water subscription at least 4 working days before the end of your free trial to avoid being charged.

payment

If your Membership has an initial Membership Amount fee, you agree to pay us the full Membership Amount by credit or debit card. You will be notified of any applicable Membership Amount at the end of the online joining process, and this amount will be confirmed to you by email.
If your Membership has a recurring Monthly Membership Amount fee, you agree to maintain a Direct Debit instruction with your bank (or recurring international Credit Card payment for overseas members) for the Monthly Membership Amount. Your first Monthly Membership Amount is due on the date shown at the end of the online joining process (which will also be confirmed to you by email), and subsequent Monthly Membership payments will be due on the same day of each month until your Membership is cancelled.
If the terms on which you are accepted as a Member include an initial Promotional Rate, you agree to pay the discounted Promotional Rate as a recurring Monthly Membership Amount during the introductory period specified in the promotional or introductory offer and that thereafter we may debit for the higher standard Monthly Membership Amount specified in the promotional offer (or such higher rate as might apply) in respect of each successive month after the introductory period has lapsed and unless or until your Membership is cancelled.
We reserve the right, at our discretion, to change your Monthly Membership Amount fee. If this happens we’ll notify you by email not less than 3 weeks before the change is made. You are able to cancel your membership within this period, and if we don’t hear from you within the period the new Monthly Membership Amount fee will apply automatically.
You agree to pay us the Monthly Membership Amount regardless of whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason no refunds will be due.
If any payment due from you is returned unpaid or not honoured, you will pay us on demand an Administration Fee of £15.

Ending your Membership

You have the right to cancel this Agreement within 14 days from the start of the Agreement without giving any reason, but you must let us know you wish to do so within the 14-day period. You may email us at membership@thegymgroup.com or contact us through the Member Area (using the email that you used during the online joining process and the unique personal identification number (PIN) that you were sent), or you may use the contact form at https://www.thegymgroup.com/contact-us/
In case of dispute you must show that you cancelled the Agreement in accordance with the cancellation terms, but for these purposes it will be sufficient to show that you sent your communication concerning your exercise of the right to cancel before the cancellation period had expired.
If you have requested an immediate membership start date and you cancel your Membership within the 14-day period, proportionate charges will be due. We will refund to you any Joining Fee, Membership Amount and Monthly Membership Amount you have paid us, but the refunded amount will be reduced by the higher of (a) the one-day pass rate (for your gym at the time you joined) and (b) an amount in proportion to the number of days between the start of your Membership and the date you communicated to us that you wanted to cancel. Refunds will be made no later than 14 days after the day on which we were informed about your decision to cancel, and will be made using the same means of payment you used for the initial transaction.
After the 14-day cancellation period you may terminate your Membership at any time by cancelling your direct debit mandate with your bank, or by contacting our member service team if you pay via recurring card payment. No refunds will be given for unused billing periods; if you would like to continue using The Gym until the end of your billing period please contact our member service team prior to cancelling your payments, otherwise your membership will cease immediately.
We will terminate this Agreement and your Membership with immediate effect if you do not pay any applicable Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due.
We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of the The Gym Group Membership Rules. In this event you will no longer be able to access any of our facilities and we will not give any refund.
If we do not terminate your Membership if you breach any of the The Gym Group Membership Rules, or if we give you extra time to pay if you do not pay your Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due, that will not prevent us from subsequently enforcing the terms of this Agreement.
If you have a Membership that gives you access to a single specified gym, and that gym closes indefinitely, this Agreement will end and you will receive a pro-rata refund of your Membership Amount or most recently paid Monthly Membership Amount, as applicable.
We may assign the benefit of this Agreement and our rights to a third party provided we give you notice and your rights under this Agreement will not be prejudiced.
We consider the safety of our members and our staff to be paramount. We reserve the right to refuse any application for Membership or terminate an existing Membership where we consider that that Membership may pose a risk to the health and/or safety of other members or staff. If this happens, we will notify you of this and refund all unused Joining Fees, Administration Fees, Membership Amount or Monthly Membership Amount.

Additional services

Personal Training Sessions and “additional services” do not form part of this Agreement and are not provided by The Gym Group.
Any “additional services” (including, for example, Personal Training Sessions, Sports Therapy and Massage Therapy) which you contract for or agree to pay for, do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any agreement for “additional services”, you are entering into an agreement with those individuals and not with us.
We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing the “additional services” which are specifically excluded from the Membership Agreement and We do not accept any responsibility for the same save where precluded by law.
We may provide induction services or personal reviews of your training needs. Such services are provided without additional charge.

Member satisfaction surveys

From time to time we may choose to invite some of our members to participate in a survey of satisfaction. This invitation will usually be by e-mail.
At our discretion member satisfaction survey participation may be associated with a prize draw offering cash prizes of varying amounts to participants. Members that respond to such an invitation by completing the satisfaction survey by the advertised closing date will be entered into the draw.
Eligible participants will only be entered once into a particular draw. A winner will be chosen at random from all entrants to that draw within 90 days of the closing date. Winners will be contacted after the prize is drawn to arrange receipt of the prize.

Other clauses

Only you, the person named in the online joining process, can benefit from this Agreement.
If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.
The Gym Limited, its parent companies, its agents, employees and subcontractors are not liable for any loss, damage or theft of any of your property that you bring onto any of our premises. If such loss, damage or theft is caused by the negligent acts or omissions of The Gym Group or its agents, employees or subcontractors, our liability to you will be limited to £500.
We may make reasonable changes to The Gym Group Membership Rules and the Membership Agreement at any time. It is your responsibility to check online at regular intervals for changes to these documents.
This Agreement is governed by the law of England and Wales.
You should print a copy of this Agreement for future reference.

Last Updated 02/11/2023