Term and Conditions | T5 Fitness

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MEMBERSHIP TERMS & CONDITIONS

PRINCIPAL TERMS

This agreement commences once you have indicated your acceptance in the Declaration section of the web sign up process.
This agreement will become binding on you and us when we contact you to confirm your membership application has been accepted, at which point a contract will come into existence between you and us.
You will be entitled to all the rights and privileges set for the Type of Membership chosen.
You cannot transfer this agreement to anyone else

DIRECT DEBIT FEES AND CHARGES

Your second Direct Debit for memberships fees will be collected one month after you joined, unless you joined prior to your gym opening in which case they will be collected one month after the gym opened. Subsequent Direct Debits for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.
If any Direct Debit 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 £20. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your membership, upon having given you written notice of our intention to do so. We may present an option to reduce the administration fee if the outstanding amount is paid within 7 days of becoming due.
You agree to advise us immediately of any change to the Members Details provided.
Under certain circumstances accepted by us, your membership can be on freeze for a maximum of 3 months after which your membership will automatically be un-frozen and will revert to your monthly rate. Freeze only applies to 12-month memberships and will start from your payment date. Please be aware this must be actioned at least 3 working days prior to your payment date.

DIRECT DEBIT PRICES

From time to time we may need to increase the price of membership. We will give you at least 1 full months' notice of any incoming price increase and will make it clear when the price increase will take effect and how much your membership will cost after the increase. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice, then the price of your membership will be increased in accordance with our notice.

TERMINATION

12 - MONTH DIRECT DEBIT MEMBERSHIPS

You may terminate your membership at the end of your 12-month period. You’ll be automatically emailed, to the address we have on record, when your membership is due for renewal. If you do not contact us, in writing, to inform us that you do not want your membership to renew, your 12-month contract will automatically renew.
In the above circumstances your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.

OTHER DIRECT DEBIT MEMBERSHIPS (Including 1 Month Rolling & Concession Memberships)

You may terminate your membership at any point with a 1 month (31 days) notice period.
In the above circumstances your membership will remain in force until the day on termination, at which point it will automatically terminate.
Termination of membership must be in writing either via info@t5fitness.co.uk or addressed to T5 Fitness Ltd at our registered company address, and subject "Termination of Membership" so that it can go to the correct appartment.

MONEY BACK GUARANTEE

As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of completing your 12 - month membership application form. However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you select to commence your membership immediately, or you ask us to start your membership early, you agree that if you subsequently cancel your membership within the 14 day period, you will be refunded any monies paid, less an amount for the membership you have already used commencing from the first day after joining.

DAILY MEMBERSHIP TERMS & CONDITIONS
PRINCIPAL TERMS

This daily membership commences once you have indicated your acceptance in the Declaration section of this web sign up process.
You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
You cannot transfer this daily membership to anyone else nor transfer to another date.
Day passes are non-refundable.

GENERAL TERMS & CONDITIONS

MISCELLANEOUS TERMS

Members must be 16 or older.
You agree to comply with the Rules of Membership which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided that we give you advance notice of the change.
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 enforcing the terms of this agreement strictly at a future date.
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.
There may be occasions where we have to close all, or part of, the gym of which you are a member. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency. We will use all commercially reasonable endeavours to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control.
We will not be liable or responsible for outstanding monies paid to a Personal Trainer. Personal Training is arranged directly with the PT and not with T5 Fitness Ltd.
As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
This agreement is governed by English Law.
We may terminate this agreement with immediate effect on notifying you if you are in breach of the Clubs Rules.
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, wellbeing or physical condition. Further, that you will advise us immediately should your circumstances change.

INFORMATION ABOUT US

If you have any questions or if you have any complaints, please contact us. You can contact us by e-mailing us at info@t5fitness.co.uk

YOUR PERSONAL INFORMATION

To view our Privacy Notice. See www.t5fitness.co.uk/terms

PROMOTION TERMS

T5 Fitness Ltd reserves the right to end any promotion without warning at any time.
Any prizes offered by T5 Fitness Ltd must be claimed within 21 Days of announcement of the winners. T5 Fitness Ltd have 45 days to issue any prize
All Gym challenges are subject to fair play which is managed in club. Any recorded reps or times must be verified and signed off by a T5 Fitness team member.
T5 Fitness Ltd reserve the right to redeem any prize in the form of a voucher or pre purchased credit.

INTRODUCTION

At T5 Fitness we are committed to protecting your privacy.

We collect and process personal data about you to provide the services you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfill other legitimate interests.

Our Privacy Notice explains how we collect, use, share and protect your personal information. When we update this policy we will post any changes on our website.

If you have any queries about this Notice please contact us at info@t5fitness.co.uk

IDENTITY OF DATA CONTROLLER

The Data Controller in respect of this Privacy Notice is T5 Fitness Ltd.

WHEN DO WE COLLECT INFORMATION?

We collect your personal information when you:

Complete an Online Membership Agreement
Register interest for upcoming T5 Fitness opening locations
Book or attend an exercise class or lesson
Ask us for more information about a product or service, or contact us with a question or complaint
Take part in a competition, prize draw or survey
Visit or browse our website.
Contact our Member Services support team through telephone, email or online chat
Send an email to an @t5fitness.co.uk email account
You have an accident in our gyms or there was an incident where you were a witness or personally affected
When you use equipment in the gym
When you book classes, courses and inductions
CCTV – when you are using our gyms.
When you use the T5 Fitness App
When our teams take photos of your attendance at the gym, part of an event or in a class (Your permission will be asked beforehand)

When using our gyms CCTV is being recorded 24 hours a day and can actively monitored by our premises' landlords

We may also collect, match or acquire information about you from other organisations such as Google and Facebook.

WHAT INFORMATION DO WE COLLECT?

The information we collect is required for the purpose of creating your Member Account and for you to enrol in our gyms. Such information allows you to be identified as a member of T5 Fitness and includes:

Name, date of birth, gender, e-mail address, postal address, telephone number, health declaration.
Credit or debit card information, information about your bank account number and sort code or other banking information. Note that we do not store your bank or credit card details on our web servers
Your usage records and duration of visits
Your preferences for particular products or services or interests when you tell us what they are – or when we assume what they are, depending on how you use our products and services
Your contact with us, such as a note or recording of a call you make to our contact centre, an email or other records of any contact you have with us
Your membership information – such as dates of payment owed and received, the services you use and any other information related to your account

HOW DO WE USE THIS INFORMATION?

We will use your personal information to provide you with the services, products or information that you have requested, for administration purposes, to improve your website experience, and marketing. We may need to share your information with our service providers, associated organisations and agents for these purposes. We may use your information to:

Carry out an identity check as part of your membership application.
Process your membership application through Wix, our chosen membership software
Bill you for using our services as part of your membership
Keep you informed about our services including operational matters relating to your Membership
Provide relevant services to you
Confirm your attendance to exercise classes or lessons
To allow you to monitor your gym usage in your members area
To share gym event photos on our social media platforms (Your permission will be asked first before a picture is taken)
Contact you with offers or promotions based on our analysis of how you use our services and what we think will be of interest to you (unless you choose not to receive our marketing messages)
Respond to any questions or concerns you might have about our services
Understand how you use our services, to help us develop relevant and updated services
Carry out research and statistical analysis to monitor how customers use our services
Prevent and detect fraud or other crimes
Covid-19 Track & Trace - To help prevent the spread of infection around the UK we will support the NHS Track & Trace system. If requested by the NHS to provide visitor information, due to an outbreak in the vicinity of one of our gyms, we will supply your name, mobile and time of arrival and departure for members who had recently visited the specific site. This is voluntary and you are able to request to have your data excluded. Please email us at info@t5fitness.co.uk with you name and member number and we will not pass your details on.

We’ll store your information for as long as you are a Member of T5 Fitness, or following cancellation and to meet legal requirements including financial audit, anti-fraud and money laundering regulations. We will store your information for no more than 6 years from the last activity on the account. An ‘activity’ can be classified as access into a gym, a payment made on the membership account or a comment added to the membership following contact with T5 Fitness. We may contact you about T5 Fitness services during this 6 years if you haven’t opted out of receiving marketing communications from us.

Opt out

T5 Fitness will only send you information relating to your membership. We will not share your data with any 3rd parties for marketing purposes. If you cancel your membership with T5 Fitness we will only send you information that we think will be of interest to you. If you want to opt out of receiving marketing messages from us, please visit your profile section within the Members Area of the website. You can choose to opt out of all marketing or select your marketing preferences. Alternatively, if you are no longer a member, and wish to remove your consent to receive marketing please contact by email to info@t5fitness.co.uk

DO WE USE COOKIES?

T5 Fitness may use cookies (small text files stored in your browser) and other techniques such as web beacons (small, clear picture files used to follow your online activities). These collect information that tells us how you use our websites, web-related products and services. The use of cookies does not give us access to the rest of your computer.

This, in turn, helps us make our website relevant to your interests and needs. We may use a persistent cookie (a cookie that stays linked to your browser) to record your details so we can recognise you if you visit our website again.

You can choose to refuse cookies, or set your browser to let you know each time a website tries to set a cookie. You can find out more information about cookies including information on how to turn them off.

Please note however that if you disable our cookies you may not be able to access certain services or facilities on our sites and your use of our sites may be restricted. This could include joining or logging in to your members area.

KEEPING YOUR PERSONAL INFORMATION SECURE

We have a dedicated team whose function is to secure our clients’ information and also take appropriate measures to ensure that the information we collect and maintain is kept secure, accurate and up to date and kept only for so long as is necessary for the purposes for which it is used.

We ensure the organisations that provide us with services related to your membership have appropriate security measures and only process your information in the way we have authorised them to. These organisations will not be entitled to use your personal information for their own purposes.

Communications over the internet (such as emails) aren’t secure unless they’ve been encrypted. Your communications may go through a number of countries before being delivered – as this is the nature of the internet. We can’t accept responsibility for any unauthorised access or loss of personal information that’s beyond our control.

WILL WE DISCLOSE THE INFORMATION WE COLLECT TO OUTSIDE PARTIES?

We may share information about you with:

Service providers, agents and associated organisations to allow us to service your membership and communicate with you; for example, financial institutions to process payments, and freelance personal trainers when you sign up to classes
Law enforcement agencies, regulatory organisations, courts or other public authorities where we have a legal obligation to do so
Covid-19 Track & Trace - To help prevent the spread of infection around the UK we will support the NHS Track & Trace system. If requested by the NHS to provide visitor information, due to an outbreak in the vicinity of one of our gyms, we will supply your name, mobile and time of arrival and departure for members who had recently visited the specific site. This is voluntary and you are able to request to have your data excluded. Please email us at info@t5fitness.co.uk with you name and PIN number and we will not pass your details on

We’ll release information if it’s reasonable for the purpose of protecting us against fraud, defending our rights or property, or to protect the interests of our customers.

If we’re reorganised or sold to another organisation, we may transfer any personal information we hold about you to that organisation. We will inform you if we do.

USE OF PERSONAL DATA FOR AUTOMATIC DECISION MAKING

We do not intend to use your personal data for automatic decision making.

THIRD PARTY TRACKING

We use tools such as Google Analytics for collecting personal data about our website visitor’s online activities over time and across different web sites for marketing purposes. This is so we can ensure our website gives you the best possible experience. For more information and how to opt out from this please visit our cookies policy.

DO NOT TRACK (DNT)

The T5 Fitness website does not respond to DNT signals.

COLLECTION OF CHILDREN'S DATA

T5 Fitness does not collect or process children’s data.

YOUR PRIVACY RIGHTS

You have the following rights in relation to your data privacy: the right of access; the right of rectification; the right of erasure (the “right to be forgotten”); the right to restriction of processing; the right to be notified; the right to data portability; the right of objection; and the right to not be subject to automated profiling.

Access. You have the right to ask for a copy of the information we hold about you and to have any inaccuracies in your information corrected. Please contact us through email to info@t5fitness.co.uk, the contact us section of the website or writing to the address below. There is not normally a fee for this service.

Rectification. If you believe we’re holding inaccurate information about you, or your personal details change, please update your profile on the T5 Fitness website in the member’s area. Debit, Credit and Bank account changes can be made in your members area on the T5 Fitness website.

Erasure. You have the right to the erasure of the data we hold on you, when it is no longer needed for the purposes of your Membership, or when you withdraw your consent for our processing (and we have no other lawful basis to hold your data).

Restriction. You have the right to ask us to place restrictions on processing your data in certain circumstances.

Notification. You have the right to be notified of any rectification, erasure or restrictions in relation to your personal data.

Portability. You have a right to receive the data we hold on you electronically in a format that allows it to be easily transferred to another data controller.

Object. You have the right to object to data processing of your personal data for direct marketing or profiling purposes.

Profiling. You have the right not to be subject to any decision based on automatic processing of your personal data.

You can contact us by emailing info@t5fitness.co.uk

CHANGES TO THIS PRIVACY NOTICE

We will update this privacy notice to reflect the way in which we process and protect your data. If we do so, we will post notice of the change on our website and you will have the opportunity to adjust your communications preferences via your Member Profile within the Members Area of the website

Informed Consent

The purpose of an exercise programme is to help you to achieve health and fitness goals. Your programme will be based upon your present activity/exercise levels and the goals that you wish to achieve. You will experience some feelings of exertion during each activity session and will become hot and uncomfortable at times.

Your breathing and heart rate will increase as a result of these activities as would be expected from physical exercise of this type. As your fitness improves, you will participate in more vigorous levels of activity, if this is part of your goal, but these should remain within your capabilities. All activities will be explained and demonstrated to you but please feel free to ask questions about anything you wish.

Any exercise programme carries with it an element of risk. Your sessions are designed to minimise the risks whilst providing an effective exercise/activity programme. Please inform your trainer if, for any reason (such as illness or injury which might be aggravated by exercise, or eating certain foods), you should not participate in an activity.

During your sessions with your trainer present, you will be closely supervised. During your sessions where your trainer is not present you will be responsible for your own safety. If, at any time, you feel undue pain or excessive discomfort stop the activity and inform your trainer of your symptoms.

You are free to withdraw from any activity at any time you wish.

WAIVER AND RELEASE OF LIABILITY

I hereby release and covenant not to sue T5 Fitness Ltd, its officers, directors, shareholders, employees, agents, and contractors, from any and all present and future claims resulting from ordinary negligence, for personal injury, or death arising as a result of participating in the fitness program(s) and fitness induction, as a result of my use of T5 Fitness Ltd equipment and/or facilities owned or used by T5 Fitness Ltd, and as a result of engaging in any activities incidental thereto, wherever, whenever, or however the same may occur. I hereby voluntarily waive any and all claims resulting from ordinary negligence, both present and future, which may be made by family estate heirs, assigns, or me.

Further, I am aware that the activities and programs in which I have decided to participate may range from vigorous cardiovascular activity (i.e., aerobics, bicycles, or steppers,) to the strenuous exertion of strength training (i.e., free weights, weight machines, rubber bands). I understand that these and other physical activities with T5 Fitness Ltd involve certain risks including, but not limited to, death, and serious neck and spinal injuries, which could result in complete or partial paralysis, heart attacks, and injury to bones, joints, or muscles. I am voluntarily participating in program activities with the knowledge of dangers involved and hereby agree to accept any and all inherent risks of personal injury, or death.

I further agree to indemnify and hold harmless, its officers, shareholders, employees, agents, and contractors, for any and all claims arising as a result of my engaging in program activities or any activities incidental thereto, wherever, whenever, or however the same occur.

I understand that this waiver is intended to be as broad and inclusive as permitted by laws of the UK and agree that if any portion of this Waiver and Release are held invalid, the remainder of the Waiver and Release will continue in full force and effect.

I further affirm that the venue for any legal proceedings shall be in the UK.

I affirm that I am of legal age and am freely signing this agreement. (If not of legal age, a legal Parent or Guardian will sign on behalf). I have read this form and fully understand that by signing this form, I am giving up legal rights and/or remedies that may be available to me for the ordinary negligence of T5 Fitness Ltd or any of the parties listed above.

Terms and Condition of Personal Training

These terms and conditions apply to your purchase of all personal trainer sessions and/or consultations. This agreement is between (you) and T5 Fitness Ltd (us).

Terms and Conditions

Your agreement with us is made up of your completed and signed PAR-Q and this signed document. These documents together form a legal agreement between you and us, so please make sure that you read them carefully and understand them. If you have any questions, please ask a member of our team.
These terms and conditions form part of any agreement you have with T5 Fitness Ltd

Payments

All payments must be made in full.
All payments must be made prior to any session being undertaken.
All payments for any Personal Training offers must be paid in full and up front.

Cancellations

If your Personal Trainer fails to give you 24 hours’ prior notice of any cancellation, you will be entitled to 1 extra hour of Personal Training, in addition to the session you missed.
We require a minimum of 24 hours’ prior notice of any cancellation of any Personal Training sessions. If you do not provide a minimum of 24 hours’ prior notice, you may lose that session and it may still be chargeable.
Any rearranged cancelled sessions will be at a time mutually agreed between you and the Personal Trainer.
Any cancellations of remaining block booking personal training sessions, made by you, may not be refundable.
Any cancellations of remaining block booking personal training sessions, made by us, may be refundable at our discretion. If, for any reason, T5 Fitness Ltd can no longer complete your booked sessions with your allocated trainer, you will be allocated an alternative trainer to finish your remaining sessions at a mutually agreed time.

Lateness

If you are late for your session, your session will be reduced in accordance with that time. If you are more than 20 minutes late, your Personal Trainer may choose to cancel the session and you may lose that session, in which case no refund will be made.

Expiry

All Personal Training purchase options have a 90 day expiry to book the first session, and a 21 day expiry to book any remaining sessions, after the most recent session. At which time any unused sessions will be lost and no refund will be made. This is to ensure we deliver all your required sessions to enable you to achieve your goals.
You may delay Personal Training sessions for between one month and 12 full calendar months for the following reasons only:
- Pregnancy
- Serious illness
- Serious injury
- Redundancy

We may ask you to provide proof of pregnancy, serious illness, serious injury or redundancy.

Any other extensions are entirely at the discretion of T5 Fitness Ltd.

Personal Trainer

Your Personal Trainer cannot prescribe treatment or diagnose medical conditions. They may at any time ask to consult with your GP, before continuing any booked sessions, should any medical condition arise.
Personal opinions of your Personal Trainer are theirs, and may not allign of thoses of T5 Fitness Ltd
If your Personal Trainer terminates contections/employment with T5 Fitness Ltd, you will be notified as soon as reasonable. From which a new Personal Trainer will be allocated to you. Your termination terms still apply.

Refunds

If for any medical reason you are no longer able to complete any Personal Training sessions, you may be given a refund on any outstanding sessions at T5 Fitness’ discretion. We may ask for you to provide proof from your GP.
If you relocate, and are unable to reasonably travel to sessions, you may be given a refund on any outstanding sessions, at T5 Fitness’ discretion
Strictly, no refunds will be given for any pre-paid offers.

Miscellaneous

T5 Fitness Ltd may change the terms of this agreement from time to time and will notify you of any changes made.