Membership agreement

The Gym Limited Membership Agreement

This is an Agreement between you, the Member, and The Gym Limited, a company registered in England And Wales (registration number 05659669), whose registered office is at 5th Floor, OneCroydon, 12 - 16 Addiscombe Road, Croydon, CR0 0XT (“us” or “we”).

Our joining process is a web based process. Full membership prices and options can be found on our website to be selected by you as part of the joining process at https://www.thegymgroup.com/join. By following the joining process at our website to become a Member at a The Gym Limited gym you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.

Our standard membership terms are set out below. Student membership is subject to different membership fees and cancellation rights and such other variations that appear under the relevant student membership sections below.

Definitions:

Gym Membership Rules: The Rules governing your conduct as set out on our website

Solo Gym Membership: Membership for one specified gym

Twin Membership: Membership for two specified gyms (may be changed by agreement and subject to Administration fees)

Bundle: A membership giving access to multiple pre-agreed sites

Annual Membership: Membership is paid upfront for 12 months

Student Membership:   Membership available to Students only and subject to the separate student terms and conditions set out herein.

Off Peak Membership:   Membership allows member to enter The Gym during specified times only. These specified times are currently Monday to Friday: 9:00-11:00; 1400-1600; 20:00- 22.00; and Saturday & Sunday 10:00-17:00.

Joining Fee: The amount notified to you as part of the website joining process as a one off fee payable for membership.

Monthly Membership Amount: The amount you agree to pay out on a monthly basis for a standard membership

Membership Amount: The amount you agree to pay for the full term of your membership

Administration fee: Our fees raised for changing membership terms or arising out of any breach of the terms as set out in the Members Area of our website

Personal Training Sessions: Sessions booked by you directly with a freelance trainer which do not form part of this agreement and are not provided by The Gym and are subject to a separate agreement between you and the individual.

Massage 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.

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.

Standard Membership – Your rights

This Membership Agreement starts once you have accepted the terms during the online joining process. By accepting the terms you are agreeing to pay any applicable Joining Fee, Administration Fee and Monthly Membership Amount. These are shown at the start of the joining process and also before you confirm your payment instruction.

  1. You may choose during the online joining process to start your membership either immediately or one month from the date that you accept the terms. We may inform you during the online joining process that a waiting list is in operation in which case your Membership starts when we inform you by email.
  2. You are entitled to access and to use the gym or gyms defined by your Membership provided you continue to pay your Monthly Membership Amount. However we reserve the right to change the access privileges of members where membership allows access to multiple gym locations. 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 who select Off Peak membership will be able to enter The Gym during specified times only. These specified times are currently Monday to Friday: 9:00-11:00; 1400-1600; 20:00- 22.00; and Saturday & Sunday 10:00-17:00. Off peak membership is available at selected sites only).
  3. 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 contact us through the member’s 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 attached cancellation form at https://www.thegymgroup.com/documents/cancellation-form.pdf but it is not obligatory. The cancellation period will expire after 14 days from the day you accept the terms. To meet the cancellation deadline, it is sufficient if you send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
  4. In case of dispute you must show that you cancelled the Agreement in accordance with the cancellation terms.
  5. If you cancel your Membership within the 14 day period we will refund to you the Joining Fee and Membership Amount you have paid not later than 14 days after the day on which we are informed about your decision to cancel using the same means of payment as you used for the initial transaction.
  6. If you have requested an immediate membership start date and you cancel your Membership, proportionate charges will be due. We will refund to you any Joining Fee and Membership Amount you have paid us but the Membership 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.
  7. After the 14 day cancellation period you may terminate your Membership at any time by cancelling the direct debit mandate with your bank. Your Membership will end with immediate effect.
  8. You may freeze your Membership at any time and for any period, during which your PIN number will be deactivated, by visiting the Members area of our Website and you will pay a reduced Monthly Membership Amount.
  9. If you upgrade to a Twin or Bundle membership from a discounted Solo membership, you will waive the right to the discount on the original membership and pay the standard price on the new Twin or Bundle membership.
  10. If you join with a membership that benefits from a discount (whether or not temporary) to the Monthly Membership Amount you will lose the discount and pay the advertised Monthly Membership Amount if your membership is terminated and you choose to re-join at a later date.
  11. You may opt out of email and SMS communications that we may send but if you do we cannot be held responsible for any loss incurred by you not receiving gym-related communications.
  12. You may complain to us by emailing membership@thegymgroup.com from or quoting the email address that we hold for you and quoting your PIN
  13. If you benefit from a Bundle membership you may select two gyms in addition to your home gym that you would like to be able to access on-line in the Members' Area of our website. You may change your selections at any time, free of charge, and these changes may take up to 10 minutes to come into effect.

Annual Membership – Your Rights

  1. This Membership Agreement starts once you have accepted the terms during the online joining process. By accepting the terms you are agreeing to pay the full amount of the membership upfront before commencing your membership. These are shown at the start of the joining process and also before you confirm your payment instruction.
  2. You may choose during the online joining process to start your membership either immediately or one month from the date that you accept the terms. We may inform you during the online joining process that a waiting list is in operation in which case your Membership starts when we inform you by email.
  3. You are entitled to access and use the gym for the full duration of the membership.
  4. 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 using the email that you used during the online joining process or quoting the unique personal identification number (PIN) that you were sent or you may use the attached cancellation form at https://www.thegymgroup.com/documents/cancellation-form.pdf but it is not obligatory. The cancellation period will expire after 14 days from the day you accept the terms. To meet the cancellation deadline, it is sufficient if you send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
  5. In case of dispute you must show that you cancelled the Agreement in accordance with the cancellation terms.
  6. If you cancel your Membership within the 14 day period we will refund to you the Joining Fee and Membership Amount you have paid not later than 14 days after the day on which we are informed about your decision to cancel using the same means of payment as you used for the initial transaction.
  7. After the 14 day cancellation period you may terminate your Membership at any time by informing us by telephone or email. We will not provide a refund except if you provide evidence that you are ill or-injured after which we will refund to you any Membership Amount you have paid us reduced by the sum of a £ [5] administration fee and 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 terminate.
  8. Unlike our standard Membership you may not freeze your Membership.
  9. You may opt out of email and SMS communications that we may send but if you do we cannot be held responsible for any loss incurred by you not receiving Gym-related communications.
  10. You may complain to us by emailing membership@thegymgroup.com using the email address that we hold for you and quoting your PIN.
  11. Your Membership will automatically expire 12 months from the joining date, you will be advised of this before you accept these terms.

Student Membership only - Your Rights

  1. This Membership Agreement starts once you have accepted the terms during the online joining process. By accepting the terms you are agreeing to pay the full amount of the membership upfront before commencing your membership. These are shown at the start of the joining process and also before you confirm your payment instruction.
  2. You may choose during the online joining process to start your membership either immediately or one month from the date that you accept the terms. We may inform you during the online joining process that a waiting list is in operation in which case your Membership starts when we inform you by email.
  3. You are entitled to access and use the gym for the full duration of the membership.
  4. 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 contact us through the member’s 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 attached cancellation form at https://www.thegymgroup.com/documents/cancellation-form.pdf but it is not obligatory. The cancellation period will expire after 14 days from the day you accept the terms. To meet the cancellation deadline, it is sufficient if you send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
  5. In case of dispute you must show that you cancelled the Agreement in accordance with the cancellation terms.
  6. If you cancel your Membership within the 14 day period we will refund to you the Joining Fee and Membership Amount you have paid not later than 14 days after the day on which we are informed about your decision to cancel using the same means of payment as you used for the initial transaction.
  7. After the 14 day cancellation period you may terminate your Membership at any time by informing us by telephone or email. We will not provide a refund except if you provide evidence that you are ill, injured or have moved further than [10] miles from your gym after which we will refund to you any Membership Amount you have paid us reduced by the sum of a £ [5] administration fee and 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.
  8. Unlike our standard Membership you may not freeze your Membership.
  9. You may opt out of email and SMS communications that we may send but if you do we cannot be held responsible for any loss incurred by you not receiving Gym-related communications.
  10. You may complain to us by emailing membership@thegymgroup.com using the email address that we hold for you and quoting your PIN.

Standard Membership - Your Obligations

  1. You agree to pay us the full Membership Amount due for the period at the end of the online joining process (and which will be confirmed to you by email) by credit or debit card.
  2. You agree to pay us any applicable Joining Fee and Administration Fee on the date shown at the end of the online joining process (and which was also sent to you by email).
  3. You agree to pay us the Monthly Membership Amount by direct debit (collected by Harlands Group) whether or not there is any temporary interruption in services during the period whether foreseen or unforeseen. We will close the gym on 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.
  4. Your first Monthly Membership payment is due on the date shown at the end of the online joining process (and which was also sent to you by email).
  5. You agree to maintain a direct debit instruction with your bank for the Monthly Membership Amount.
  6. Subsequent Monthly Membership payments are due on the same day of subsequent months.
  7. If any payment due from you is returned unpaid or not honoured you will pay us on demand an administration fee of £12.
  8. You agree to comply with the Gym Membership Rules which are available at https://www.thegymgroup/legal/membership-rules
  9. You confirm that you are at least 16 years old.
  10. You consent to, and waive any and all claims in respect of, your image being recorded by 24 hour CCTV for security purposes and reviewed at our discretion by our employees and contractors.
  11. You must use the gym facilities and equipment in the proper manner and you must consult a member of staff if you are unsure.
  12. You will be liable for any damage caused to our equipment or facilities through your negligent use.
  13. You consent to incidental inclusion in marketing photographs of our premises that we may take from time to time.
  14. You agree that you have understood our privacy policy which is available at https://www.thegymgroup.com/privacy-cookie-policy/
  15. You agree to tell us immediately of any changes to your personal details including contact information.

Annual Membership – Your Obligations

  1. You agree to pay us the full Membership Amount due for the period at the end of the online joining process (and which will be confirmed to you by email) by credit or debit card.
  2. You agree that you will not be eligible for any refund if there is any temporary interruption in services during the period. We will close the gym 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.
  3. If any payment due from you is returned unpaid or not honoured you will pay us on demand an administration fee of £12.
  4. You agree to comply with the Gym Membership Rules which are available at https://www.thegymgroup.com/privacy-cookie-policy/
  5. You confirm that you are at least 16 years old.
  6. You consent to, and waive any and all claims in respect of, your image being recorded by 24 hour CCTV for security purposes and reviewed at our discretion by our employees and contractors.
  7. You must use the gym facilities and equipment in the proper manner and you must consult a member of staff if you are unsure.
  8. You will be liable for any damage caused to our equipment or facilities through your negligent use.
  9. You consent to incidental inclusion in marketing photographs of our premises that we may take from time to time.
  10. You agree that you have understood our privacy policy which is available at https://www.thegymgroup.com/privacy-cookie-policy/
  11. You agree to tell us immediately of any changes to your personal details including contact information.

Student Membership only - Your Obligations

  1. You agree to pay us the full Membership Amount due for the period at the end of the online joining process (and which will be confirmed to you by email) by credit or debit card.  
  2. You agree that you will not be eligible for any refund if there is any temporary interruption in services during the period. We will close the gym 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.
  3. You agree that to be eligible for Membership with this offer you must be in full or part-time education and will provide proof of education if and/ or when required.
  4. If any payment due from you is returned unpaid or not honoured you will pay us on demand an administration fee of £12.
  5. You agree to comply with the Gym Membership Rules which are available at https://www.thegymgroup.com/legal/the-gym-membership-rules/
  6. You confirm that you are at least 16 years old.
  7. You consent to, and waive any and all claims in respect of, your image being recorded by 24 hour CCTV for security purposes and reviewed at our discretion by our employees and contractors.
  8. You must use the gym facilities and equipment in the proper manner and you must consult a member of staff if you are unsure.
  9. You will be liable for any damage caused to our equipment or facilities through your negligent use.
  10. You consent to incidental inclusion in marketing photographs of our premises that we may take from time to time.
  11. You agree that you have understood our privacy policy which is available at https://www.thegymgroup.com/privacy-cookie-policy/
  12. You agree to tell us immediately of any changes to your personal details including contact information.

Standard Membership - Our Obligations

  1. We reserve the right to change the access privileges of members with membership packages that allow access to multiple gym locations. This includes access to the gym and gym equipment, changing areas and PT staff 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. If you have Solo Gym Membership and the gym closes indefinitely this Agreement will end and you will receive a pro-rata refund of your Membership fee.
  2. We will endeavour to reopen the facilities as soon as is reasonably possible in circumstances where we are required to close or restrict facilities for any reason.
  3. We will securely store recorded CCTV footage in accordance with our privacy policy which is available at https://www.thegymgroup.com/privacy-cookie-policy/

Annual Membership – Our Obligations

  1. 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 and PT staff 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.
  2. If your gym closes indefinitely this Agreement will end and you will receive a pro-rata refund of your Membership fee.
  3. We will securely store recorded CCTV footage in accordance with our privacy policy which is available at https://www.thegymgroup.com/privacy-cookie-policy/

Student Membership - Our Obligations

  1. 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 and PT staff 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.
  2. If your gym closes indefinitely this Agreement will end and you will receive a pro-rata refund of your Membership fee.
  3. We will securely store recorded CCTV footage in accordance with our privacy policy which is available at https://www.thegymgroup.com/privacy-cookie-policy/

Standard Memberships - Our Rights

  1. We will terminate this Agreement and your Membership with immediate effect if you do not pay any applicable Joining Fee and Admin Fee, or Monthly Membership Amount when it falls due.
  2. We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of the Gym Membership Rules available at https://www.thegymgroup.com/legal/the-gym-my-membership-rules in this event you will no longer be able to access any of our facilities and we will not give any refund.
  3. If we do not terminate your Membership if you breach any of the Gym Membership Rules, or if we give you extra time to pay if you do not pay your Joining Fee, Admin Fee or Monthly Membership Amount when it falls due, we may subsequently enforce the terms of this Agreement.
  4. We may communicate gym and fitness related information to you by email or SMS.
  5. 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.
  6. 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 Limited or its agents, employees or subcontractors, our liability to you will be limited to £500.
  7. We may close our premises with reasonable notice and at our discretion for reasonable periods of time to carry out maintenance, repairs, refurbishment or cleaning or for other reasons outside of our control. We will not be responsible to you for not being able to access our facilities in these circumstances.
  8. We are not liable for any injury you suffer through the incorrect use of our equipment of facilities.
  9. We may make reasonable changes to Membership Rules and to the Membership Agreement terms and conditions and Gym Membership rules at any time.
  10. We will send to you email confirmation of these terms using the email address you used when you joined

Annual Memberships – Our Rights

  1. We will terminate this Agreement and your Membership with immediate effect if you do not pay your Joining Fee or Membership Amount when it falls due.
  2. We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of the Gym Membership Rules available at https://www.thegymgroup.com/legal/the-gym-membership-rules. In this event you will no longer be able to access any of our facilities and we will not give any refund.
  3. We may communicate gym and fitness related information to you by email or SMS.
  4. 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.
  5. 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 Limited or its agents, employees or subcontractors, our liability to you will be limited to £500.
  6. We may close our premises at our discretion with reasonable notice and for reasonable periods of time to carry out maintenance, repairs, refurbishment or cleaning or for other reasons outside of our control. We will not be responsible to you for not being able to access our facilities in these circumstances.
  7. We are not liable for any injury you suffer through the incorrect use of our equipment of facilities.
  8. We may make reasonable changes to Membership Rules and to the Membership Agreement terms and conditions at any time.
  9. We will send to you email confirmation of these terms using the email address you used when you joined.

Student Membership - Our Rights

  1. We will terminate this Agreement and your Membership with immediate effect if you do not pay your Joining Fee or Membership Amount when it falls due.
  2. We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of the Gym Membership Rules available at https://www.thegymgroup.com/legal/the-gym-membership-rules.  In this event you will no longer be able to access any of our facilities and we will not give any refund.
  3. We may communicate gym and fitness related information to you by email or SMS.
  4. 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.
  5. 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 Limited or its agents, employees or subcontractors, our liability to you will be limited to £500.
  6. We may close our premises at our discretion with reasonable notice and for reasonable periods of time to carry out maintenance, repairs, refurbishment or cleaning or for other reasons outside of our control. We will not be responsible to you for not being able to access our facilities in these circumstances.
  7. We are not liable for any injury you suffer through the incorrect use of our equipment of facilities.
  8. We may make reasonable changes to Membership Rules and to the Membership Agreement terms and conditions at any time.
  9. We will send to you email confirmation of these terms using the email address you used when you joined.

Other Clauses

  1. Only you, the person named in the online joining process, can benefit from this Agreement.
  2. If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.
  3. This Agreement is governed by the law of England and Wales.
  4. You should print a copy of this Agreement for future reference.

Additional Services

  1. Personal Training Sessions and “additional services” do not form part of this Agreement and are not provided by The Gym Limited.
  2. 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.
  3. 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.
  4. We may provide induction services or personal reviews of your training needs which services are provided without additional charge. Those services are part of your Membership Agreement and nothing herein restricts the liability that we may have under your Membership Agreement for such services.

Member Satisfaction Surveys

  1. We may choose to send an email from time to time to a randomly selected group of their members at one or more gyms inviting them to participate in a survey of satisfaction.
  2. At our discretion member satisfaction survey participation may be associated with a prize draw offering cash prizes of varying amounts to participants.
  3. Members that respond to an email advertising a prize draw by visiting the website and completing the satisfaction survey by the advertised closing date will be entered into the draw.
  4. Participants will only be entered into a draw once per draw.
  5. One winner will be chosen at random from all entrants to that draw within 90 days of the closing date.
  6. Winners will be contacted after the prize is drawn to arrange payment of the cash prize.