Marina Fitness Terms & Conditions 230220

MARINA FITNESS TERMS AND CONDITIONS OF USE

These terms & conditions supersede all other terms and conditions, oral or written, and all other communications between the parties suggesting additional or different terms. 


MARINA FITNESS TERMS AND CONDITIONS OF USE

Location: The Slaughterhouse, Weevil Lane, Gosport. PO12 1FX                                 

Email: membership@marinafitness.co.uk Tel: 02394213843


By signing the membership form you agree to abide by these terms and conditions and the current version of the Rules of Membership, both of which may be amended by Marina Fitness from time to time at its discretion throughout the period of your membership.


1. Use of the facilities:

  1. This is dependent on you maintaining payments of your monthly direct debit (or, if on an annual or VIP membership, is dependent on you having paid your membership fee in full). If any monthly direct debit payment is not received on the due date for payment, then your membership will, (except in exceptional circumstances and at our sole discretion) be automatically suspended and you will be unable to access the gym or use the gym’s facilities until all due payments have been brought up to date.
  2. You will be provided with your personal non-transferable membership fob that you will be requested to show at the start of your activity session. If your membership fob is used by anyone else with your knowledge or consent then we reserve the right at our sole discretion to suspend and/or cancel your membership. 
  3. Any property stored in lockers is stored at your own risk. We regret that we cannot accept liability for any loss or damage that may occur to items stored in lockers. Belongings cannot be stored in lockers overnight.
  4.  Leave the changing rooms, lockers and other facilities in a clean and reasonable state after use. A £10 additional cleaning charge will be levied at the owner's discretion should you fail to do so. 
  5. On joining, all members are offered an induction to instruct you on the use of the equipment. We strongly recommend that this is undertaken. Do not use any equipment if you are unsure, please ask a member of the team to show you how.
  6. You must inform us if you have sustained a personal injury elsewhere or have developed a medical condition that may have consequences for training.
  7. Suitable gym clothing and clean trainers must be worn at all times. Denim is not permitted.
  8. Equipment must be treated with respect. Please refrain from dropping weights and replace them after use.
  9. Machines and equipment must be wiped down after use, left clean and dry and replaced in the correct area.
  10. You may not use the gym or participate in a class when under the influence of alcohol, drugs or any medication that may affect your safety.

2. Bookable activities:

  1. Class bookings are only accepted from members whose membership fees are up to date.
  2. Register your attendance by swiping in your fob upon arrival at the reception desk.
  3. Cancellation of a class booking must be made no later than 1 hour before the booking is due to start. You can do this via the Clublink app, by telephone or email or social media. If you fail to attend a class without letting us know you will be charged the full class fee of £6.00. If you cancel three times in a row you won’t be able to book into a class for 2 months.
  4. If you do not attend a booking for a massage you will be charged the full rate.
  5. If you have an injury or illness that may affect your ability to participate, or if you are a beginner, please consult the instructor before the class starts.
  6. Entrance to a class may be refused should you arrive after the warm up has been completed.
  7. Classes and instructors are subject to change.
  8. We reserve the right to restrict a members ability to pre-book classes if the member persistently fails to attend booked classes.

3. General

  1. You will be given a free key fob with your membership. Should you require a replacement, a £3 fee will be charged.
  2. Membership does not guarantee the availability of a parking space in the designated visitor parking zones. Parking spaces are available on a first come first served basis. Parking is limited to a maximum of 4 hours.
  3. Members must keep their personal details up to date at all times. Any changes should be made known to a member of staff either in person, by email, letter or phone.
  4. Smoking (including e-cigarettes) is not permitted.
  5. Food and chewing gum are not permitted within the gym area or during classes.
  6. We ask you to familiarise yourself with the contents of our signs and notices on display and the location of the emergency exit.
  7. You are required to abide by our policy on the use of cameras, video and mobile phones.
  8. Failure to adhere to these rules may result in the termination of your membership.

ANNUAL MEMBERSHIPS

If you paid for an Annual Membership - 12 months membership fees in advance, your membership will run for the 12 month period covered by the payment without any refund should you choose not to use your membership in that 12 month period. No refunds will be offered for any part of the 12 months not used for any reason.


VIP MEMBERSHIPS

If you paid for a VIP Membership - 12 months membership fees in advance, your membership will run for the 12 month period covered by the payment without any refund should you choose not to use your membership in that 12 month period. No refunds will be offered for any part of the 12 months not used for any reason.


TERMS & CONDITIONS FOR DIRECT DEBIT MEMBERSHIPS

Agreement administered by GoCardless, 338-346 Goswell Road, London EC1V 7LQ, United Kingdom Registered in England No. 07495895

PRINCIPAL TERMS

  1. This agreement commences once you have indicated your acceptance in the Declaration section of this web sign up process, or have signed in person on the gym premises. You have 14 full days after sign-up to cancel this agreement for any reason. To exercise this right you must inform GoCardless or Marina Fitness of this by post, email or telephone using the details above. If you exercise this right to cancel we will reimburse you any and all joining and membership fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service before requesting to cancel then we will reduce your membership fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested.
  2. Your membership starts immediately.
  3. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.

FEES AND CHARGES

  1. The Joining Fee / Initial Payment (if applicable at the date of sign up)  is due from you to us, is payable immediately and is not refundable other than due to cancellation under the Principal Terms above or in the event of breach or negligence by us.
  2. If paying by Direct Debit the first monthly installment will be due at the time of joining and may be paid by cash, card, a mobile payment system or bank transfer. 
  3. The Direct Debit Payment Amount is due from you to us. You are obligated to make the Minimum No. of Direct Debit Payments stated with the first one being paid on the first Direct Debit Payment Date and then every month thereafter. Direct debit payment collection dates are either the 1st of or the 15th of the month. You are obligated to make every Direct Debit Payment regardless of non attendance, except where the cancellation terms below (or under the Principal Terms) are met.
  4. If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £10 (which we require to cover our costs of seeking to pursue such payment from you).
  5. You agree to advise us promptly of any change to the Members Details provided.
  6. If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third party company for collection. The reasonable and direct costs incurred in employing the third party company will be borne by you including costs in tracing you if you have changed your address without telling us.

AUTOMATIC RENEWAL

  1. Once you have completed the Minimum No. of Direct Debit Payments we will automatically continue collecting the Direct Debit Payment Amount every month. Your membership will be extended by one month for each payment (“Renewal Period”). This renewal Direct Debit payment amount may only be amended if we advise you in writing giving not less than 30 days notice. Please note if your membership included the benefit of a free period then we will stop making collections during that free period and recommence making collections on the renewal date.
  2. You may prevent the Automatic Renewal at any time by giving notice. (you should give us not less than 30 days written notice). When the final minimum period payment has been taken you should also cancel your Direct Debit mandate directly with your bank.
  3. Once you have completed the Minimum Number of Direct Debit payments you can cancel your Automatic Renewal payments by contacting us (you should give us not less than 30 days written notice). After the final payment has been taken you should also cancel your Direct Debit mandate directly with your bank.

CANCELLATION & FREEZING

  1. Temporary Illness or Injury: This agreement may be frozen in the event of a temporary illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for a period of time.
    Please note – ANY Freeze or Cancellation will not be put into effect until the appropriate proof is provided and received (in writing or via email) by Marina Fitness
    Please note – A freeze period does not affect the Minimum No. of Direct Debit Payments you are due to make. Any payments remaining at the time of the freeze will remain due and recommence on a monthly basis once the freeze period has been completed. 
  2. Medical - you may terminate your membership by giving Marina Fitness not less than 30 days written notice if you are unable to use the gym through serious illness or injury that is likely to preclude you from using the gym for a period of at least 6 calendar months. We reserve the right to request reasonable evidence of your illness or injury e.g. doctor's certificate,  before we accept notice of termination.
  3. Relocation - if you move outside of a 15 mile radius of the Marina Fitness Gym you shall be entitled to terminate this agreement by giving Marina Fitness not less than 30 days written notice. Proof of new address must be provided at the same time as the written notice.
  4. Redundancy - If you are made redundant from your main employment you may cancel your membership by providing proof of redundancy. The membership will terminate 1 month from the date membership cancellation is agreed.
  5. 12 month memberships - Members are not permitted to cancel their agreement during the Minimum Term unless for medical reasons, relocation or redundancy. If a member attempts to cancel their agreement during the Minimum Term, 75% of the remaining contractual period fees will become payable with immediate effect.  Requests to cancel memberships must be given in writing - email is acceptable sent to -  membership@marinafitness.co.uk giving us not less than 30 days notice
  6. Monthly rolling memberships - Requests to cancel monthly memberships must be in writing - email is acceptable -  membership@marinafitness.co.uk   giving us not less than 30 days notice.
  7. Cancelling your direct debit instruction without notifying Marina Fitness does not constitute service of written notice. 

GENERAL TERMS

  1. You agree to comply with the Rules of Membership which relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided we give you reasonable advance notice of the change.
  2. You accept that the risk of injury from fitness club activities and use of the fitness club equipment is significant, including the potential for permanent paralysis and death. You knowingly and freely assume all such risks, both known and unknown. 
  3. If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us from enforcing the terms of this agreement strictly at a future date.
  4. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced. You may transfer your membership to another person provided that such person pay a Joining Fee signs an agreement with us and accepts the balance of any remaining Minimum No. of Direct Debit Payments.
  5. We will do our best to resolve any disputes over this agreement. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant UK law will apply.
  6. If any part of this agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply
  7. We may terminate this agreement with immediate effect on notice to you if you are in breach of the Clubs Rules (i.e. Stealing or other criminal activities within the facility). In this event you will not be liable to pay any further Direct Debit Payments, provided such breach is not deemed by us to have occurred primarily in order to qualify you for a refund.
  8.  We may terminate this agreement with immediate effect on notice to you at the owner's discretion. 


Marina Fitness Terms & Conditions of Use v1.08 230220