These terms and conditions govern your membership of the health club you are joining. (the “Club”).
Please read these terms carefully before you apply to join. They tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.1. We are Natural Fit Gym Ltd, a company registered in England and Wales. Our company registration number is 10601699 and our registered office is at PO Box 113, Hassocks, West Sussex BN6 0ER.
1.2. You can contact us by writing to us at our registered office, or by visiting the contact page at www.naturalfit.co.uk
1.3. If we need to contact you, we will do so by telephone or by writing to you at the email address you have provided to us.
1.4. When we use the words “writing” or “written” in these terms, this includes emails.
2.1. Our acceptance of your membership application will take place when we write to you to tell you that your membership has been accepted. At this point a contract will come into existence between you and us (we will refer to that date as your “Joining Date”). You will then be entitled to enjoy member privileges, including use of the Club’s facilities, from your “Start Date”, subject to the rights and restrictions attaching to the class of membership you have requested.
2.2. As part of the process of applying for membership, you have filled in a pre-exercise questionnaire and will complete a functional movement screening. It is important that the information you provide is complete and accurate and you agree that you are capable of engaging in exercise at the Club, and to do so will not be detrimental to your health, safety, comfort or physical condition.
2.3. Your membership of the Club is personal to you and cannot be passed to any other person.
2.4. We will only offer membership to people who are 16 years of age or older. If you are a joint member, each candidate will be liable to us, should we ask, to pay us the full costs and charges associated with the membership and the contract, rather than just half.
2.5. Your membership is specific to your Club. You are entitled to access other health clubs that we operate. If you want to change which of our health clubs is your base club, please submit a request in writing to us. We will do our best to enable the transfer if the other club has sufficient capacity and will notify you in writing accordingly.
3.1. Your membership will start on your Start Date and will last for at least the Initial Fixed Term (the “Initial Fixed Term”). You cannot cancel your membership during the Initial Fixed Term. If you do cancel your membership in the Initial Fixed Term you will breach the contract between us. The contract and your membership will continue after the Initial Fixed Term unless it is ended in accordance with clauses 6 or 7 below.
4.1.1. On your Joining Date you must pay in advance for the Initial Fixed Term. If you are joining on an Annual or Fixed Term basis, we will require full payment in advance. If your are joining on a Monthly Membership contract, we may charge you pro-rata for the remainder of the current month and then charge you on the 1st day of the next month by automated means – either debit / credit card collection or by Direct Debit. Our clubs may have different membership fees, so your membership fee might change if you change clubs.
4.1.2. At the end of your Initial Fixed Term, unless your membership has ended in accordance with clauses 6 or 7 below, it will be automatically renewed for a subsequent fixed term (the “Subsequent Fixed Term”). If you have joined on a Monthly Membership contract, the Subsequent Fixed Term will be for the next month. If you have joined on an Annual or other Fixed Term contract, we will provide the option to renew on an Annual or Month by Month basis. The same renewal process will apply at the end of any Subsequent Fixed Term, so there will be consecutive Subsequent Fixed Terms until either you or we end your membership in accordance with clauses 7 or 8 below. We will continue to charge you the appropriate membership fee during any Subsequent Fixed Term. The way in which you pay for a Subsequent Fixed Term will not necessarily be the same way you paid for the Initial Fixed Term. Our preferred payment method will be for you to pay by recurring Debit / Credit Card payments or direct debit.
4.1.3. Unless you tell us otherwise before the end of the Initial Fixed Term (or where relevant your current Subsequent Fixed Term), if you are set up to pay monthly by recurring Debit / Credit Card payments or direct debit, we will assume that you want this to continue and we will collect the recurring Debit / Credit Card payments or direct debit each month, as appropriate.
4.1.4. Where you paid in advance on your Joining Date for the whole Initial Fixed Term, we will require you to pay in advance for the Subsequent Fixed Term and will charge you again on each Subsequent Fixed Term start date for your full membership fees for each Subsequent Fixed Term. Unless you tell us otherwise, we may charge this subsequent payment directly to any of the credit or debit cards (or collect from your bank account) which you have provided us with details of as part of the membership application and payment process, and by accepting these terms you authorise us to do so.
4.1.5. Your membership fees will be payable whilst your membership continues regardless of whether or how much you use the Club facilities.
4.2. An enrolment fee may be payable on your Joining Date in addition to your membership fees. The amount of your enrolment fee is as specified to you during the membership application process. The enrolment fee will not be payable again as long as your membership remains current. If your membership ends for any reason and you later want to become a member again, a further enrolment fee (which may not be the same as the first enrolment fee) will apply.
4.3. If the rate of VAT changes whilst you are a member, we will adjust the rate of VAT that you pay, and this will result in a change to your membership fees.
4.4. We can increase your membership fees at any time for any reason stated in clauses 8.3 or 8.4 below by giving you at least 30 days’ notice in writing. If you do not want to pay the higher membership fee, you can cancel your contract by giving us notice to cancel (in accordance with clause 6.1.3 below) at any time before the increase in membership fees comes into force. If you give us notice to cancel, until that notice of cancellation takes effect, you will continue to be charged the previous membership fees. If you are still in your Initial Fixed Term, any notice of cancellation you give following a proposed increase in membership fees will not take effect until the end of your Initial Fixed Term.
4.5. If either of us ends your membership during a period in which you have paid membership fees in advance, we will refund the membership fees which relate to any period after the contract has ended. Where you have ended the contract, any repayment may be subject to the deduction of our reasonable expenses or an early termination charge as described in clauses 6.5 and 7.2 below.
4.6. If you miss a direct debit payment because your direct debit has been cancelled or has failed, we will charge a fee of £20.00 for each missed direct debit, to cover our reasonable administration costs.
4.7 Types of Membership
4.7.1 Personal Membership. This is a membership for individuals, charged at the prevailing standard monthly or annual rate for the level of membership required. Payment of Membership and Other charges are the liability of the Personal Member
4.7.2 Personal + Partner Membership. A personal Member may have a Partner Member joined to their membership. In this case the Partner Member will qualify for the prevailing Partner membership discount. Payment of all Membership and Other charges will be the liability of the original Personal Member
4.7.3 Group Memberships. In certain appropriate circumstances, a Group Membership code will be issued to a Group of prospective Members, for them to benefit from a Group Membership discount and Group Membership enrolment rate. Each Member will enter in to their own Membership contract with Natural Fit and be liable for payment ofo their own Membership and Other charges. For the Group Membership discount code to be eligible and active, there must be a minimum of three Members using the Group Membership discount code at all times. If the number of Members using the code falls below three, the code will be disapplied and the pevailing full Personal membership rates will apply.
4.8 Other charges
4.8.1. Other charges will be levied for additional services. These include but are not limited to: Café purchases, massages and spa treatments; small group or one to one coaching sessions, and exercise screenings. Prices for these are available at the Club reception and on our website.
4.8.2. If you or a Partner member uses these additional services or has to pay a guest fee but does not pay for them at the time, we will take these charges by using your debit or credit card, or if this is not available, by Direct Debit.
5.1. You agree that you will comply with the membership rules of conduct set out at clause 5.2 whilst at the Club or on Club premises. You also agree that you will abide by such reasonable additional rules specific to your Club as may be displayed in the Club from time to time and agree to abide by such additional instructions as may be reasonably specified by staff at the Club. You also agree that you will make sure that any guests which you bring to the Club comply with the same rules.
5.2. You agree that you will, and any guests that accompany you into the Club will:
5.2.1. dress in a manner that is appropriate to the Club and to the activity you are undertaking, and in particular avoid clothing that is overly revealing, likely to cause offence to other members or staff, or is unhygienic;
5.2.2. show consideration for other members, their guests and staff at the Club;
5.2.3. not use abusive, or unpleasant language;
5.2.4. not behave in a way that is threatening or likely to cause offence to any other member, their guests or the staff of the Club;
5.2.5. not bring, use or be under the influence of illegal substances in any part of the Club’s premises;
5.2.6. not be unduly under the influence of drink in or about the Club’s premises, not drink in areas other than designated drinking areas of the Club’s premises and not consume your own alcohol on the Club’s premises;
5.2.7. not engage in anti-social or disruptive behaviour, including but not limited to behaviour that could be deemed inappropriate or likely to cause offence, misuse of equipment or inappropriate or illegal activities.
5.3. If you are 18 years old or over, you can request that we admit guests to the Club. This will be subject to our approval, they will need to provide us with personal information, and they must be signed in by you. We may decide not to admit your proposed guest if the Club is already at or near capacity. You will be required to pay a fee for each guest you bring into the Club, at the guest rates in force at that time for the appropriate category of guest. Bringing in a guest to Club member only areas without previously gaining our agreement for their visit will be viewed as a breach of your contract with us, and we may issue a written warning about the matter. You must make sure any guest you sign in to the Club complies with the conduct rules. If a guest you bring to the Club breaks the Club rules or the conduct rules set out in these terms, this will be viewed as a breach of your contract with us.
5.4 As a Club Member you have a duty to:
5.4.1 take reasonable care for your own health and safety and that of others who may be affected by what you do or do not do;
5.4.2 co-operate with the club and its employees on all health and safety matters;
5.4.3 use all equipment provided by the Club in the correct and sensible manner and to seek guidance on best uses of equipment where necessary;
5.4.4 not interfere with or misuse anything that has been provided for your and other members’ health, safety or welfare.
6.1. You may end the contract between us by giving us not less than one month’s written notice at any time, to end the contract at the end of the Initial Fixed Term or a Subsequent Fixed Term. You will remain liable for any outstanding Membership charges until the end of either the Initial Fixed Term or any Subsequent Fixed Term, even if that Subsequent Fixed Term commences during your one month’s notice period.
6.2. If your next Subsequent Fixed Term commences before the expiry of your one month’s notice period, we may charge the Subsequent Fixed Term membership fee directly to any of the credit or debit cards (or collect from your bank account) which you have provided to us and you authorise us to do so. We will give you reasonable notice before making the charge.
6.3. If you joined the Club and paid your Initial Fixed Term membership fee and/or Joining fee payment online only (i.e. didn’t sign up and make payment within the Club) you can cancel your membership within 14 days of your Joining Date ( this is referred to as the “cooling off period”) if you have not visited or made use of the facilities of the club. You will need to notify us of your intention in writing, by email or mail. We will refund in full the payments you have made.
7.1. We may end the contract and your membership immediately at any time by giving you notice in writing if:
7.1.1. you commit a serious breach of any provision of these terms (including in particular the conduct rules set out at clause 5, or the Club rules);
7.1.2. you commit frequent or repeated breaches of these terms, even if each one may by itself seem minor (including, in particular, the conduct rules set out at clause 5, or the Club rules);
7.1.3. you fail to make a payment due under these terms when it is due, although we will give you seven days to correct this first;
7.1.4. we reasonably believe that your continued membership of the Club poses a risk to the safety or wellbeing of other members, their guests or our staff of the Club, or to the reputation of Natural Fit
7.2. If we end the contract in the situations set out in clause 7.1 we will refund any membership fees you have paid in advance but we may deduct (or charge you additionally) for any reasonable compensation for the net costs we will incur as a result of your actions. This may include the costs incurred by Natural Fit for instructing a debt collection agency to recover any membership fees that you owe us.
7.3. Where you are outside your Initial Fixed Term. We may end the contract between us by giving you not less than one month’s written notice.
7.4. We may end the contract if the Club closes. If the Club closes or becomes unusable in circumstances we did not plan or foresee we can end the contract immediately by giving you notice. If we decide to close the Club for business or operational reasons, we can end the contract by giving you at least 30 days’ notice in writing.
8.1. We may make changes to the Club’s facilities and equipment at our discretion from time to time for any of the reasons listed in clauses 8.3 or 8.4. Where that change is material, such as permanently ceasing to provide an important facility we previously provided (for example a swimming pool), we will give you at least one month’s written notice of the change. Upgrading works to the Club’s facilities or premises does not constitute a material change for the purposes of these terms.
8.2. We may make changes to the facilities at any club or to the terms of the contract, or to the price we charge you, for any of the following reasons:
8.2.1. to change, remove, or improve or add to our service offering at any club at our discretion to ensure we respond to customer needs;
8.2.2. to increase charges from time to time as the cost of running our business increases;
8.2.3. as a result of legal, regulatory or taxation reasons; or
8.2.4. we change the terms to make them clearer or easier to understand, to reflect changes in law or to update our contracts from time to time.
8.3. For any other reasonable operational reasons.
9.1. If we fail to comply with these terms, we may be responsible for loss or damage you suffer that is a foreseeable result of us breaching this contract, but we are not responsible for any loss or damage that is not foreseeable.
9.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services we provide.
9.3. We only supply our services for private use. If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4. We are not liable in any circumstances for damaged, lost or stolen valuables whilst you or your guests are on the Club’s premises, including in locked lockers in the changing rooms, in the pool area or any other part of the Club. We recommend that no items of significant value are brought to the Club.
10.1. We will use the personal information you provide to us to:
10.1.1. notify you of and deliver the services associated with your membership;
10.1.2. process your payment for such services; and
10.1.3. to inform you about other products or services that we provide, which we believe may be of interest to you. You may stop receiving these communications at any time by contacting us.
10.2. Where we extend credit to you by allowing payment by direct debit, we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
10.3. We will only give your personal information to other third parties where the law requires us to do so.
10.4. More information about how we use your personal information can be found in our Privacy and Cookies Notice: on our website www.naturalfit.co.uk
11.1. If our performance of our obligations under the contract is affected by an event outside our control, we will not be liable to you for this, provided we do our best to work around the issue.
11.2. We may transfer our rights and obligations under these terms to another organisation, provided that the other organisation we transfer our rights and obligations to is of broadly equal standing and reputation to us.
11.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.4. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of any breaches of this contract, that will not set a precedent for future behaviour. For example, if you are overdue with a payment but we continue to allow you to access the Club, we can still require you to make the payment at a later date.
11.6. These terms are governed by English law.