THE HURT LOCKER BRIDPORT LTD MEMBERSHIP TERMS & CONDITIONS
PRINCIPAL TERMS (Applicable to all Hurt Locker Members and Customers)
1. Your agreement commences once you have indicated your acceptance in the ‘membership’ section of the sign-up process. (online and/or in person)
2. Therefor there is a strict 30 day notice the member must give prior to terminating their membership to The Hurt Locker Bridport Gym, after the minimum contract term is up.
3. You will be entitled to all the rights and privileges set for the membership to which there is a minimum contract time period of three full calendar months from the date of purchase.
4. You cannot transfer any membership agreement to anyone else.
DIRECT DEBIT FEES AND CHARGES
1. The first month's membership fees are collected from you by us either by Debit / Credit card at time of purchase, or by Direct Debit approximately 5 working days from your membership application date, depending on our direct debit partners.
2. The first purchase of a monthly membership is calculated by the software ‘Pro Rata’ scheme. Therefor, if you purchase at a point through the month it will charge your chosen account a calculated amount for the rest of the days in that month.
3. The membership runs from the 1st of every calendar month (other membership deals may differ). As stated, each membership start date will be calculated at a Pro Rata amount. (So, you will only be charged for the amount of days left in that particular start month)
4. Your second Direct Debit for monthly membership fees will be collected on the next calendar month on the 1st. Subsequent Direct Debits for monthly membership fees will be collected monthly thereafter. Each payment made is non-refundable under any circumstances. (Cancellation / Termination terms are explained below)
5. If any Direct Debit is returned unpaid or if any other form of payment is not honoured for whatever reason. 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.
6. You agree to advise us immediately of any change to the Members' details and any health details.
DIRECT DEBIT PRICES
1. From time to time, we may need to increase the price of our memberships. We will give you at least 1 full months' notice of any incoming price increase and will make it very 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. Please understand you are liable to the 4 months minimum contract term if you wish to terminate/cancel membership.
TERMINATION
MONTHLY DIRECT DEBIT MEMBERSHIPS
1. NOTICE TO TERMINATE / CANCEL YOUR MEMBERSHIP IS A MINIMUM OF 30 DAYS. THE MINIMUM MEMBERSHIP CONTRACT TERM IS 4 FULL CALENDAR MONTHS FROM THE START OF YOUR MEMBERSHIP CONTRACT. Please bear in mind, that the period of your notice may roll over to the next monthly direct debit membership payment. It is the members’ personal responsibility to notify our gym staff of your wishes to terminate your membership contract.
2. You may terminate your membership at any point after your minimum contract term is up by contacting a member of staff via our email (hurtlockerbridport@gmail.com). You must give your ‘notice to terminate’ via email as this may be used for future reference. There is a strict zero tolerance for contact via social media for any membership contract issues or cancellations.
3. 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, once the strict 30 days’ notice has been met.
FREEZE / PAUSE
MONTHLY DIRECT DEBIT MEMBERSHIPS
- All members can pause or freeze their gym memberships AFTER their minimum contract term is met (term stated above). Once the minimum term is met you can freeze your membership this can only be done over one full calendar month and a maximum of 4 calendar months, in line with the next direct debit mandate. Please contact a staff member to confirm your preferred dates you require a membership freeze; as this will change according to the direct debit dates per individual.
MONEY BACK GUARANTEE
1. On only new memberships. As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full months’ refund of any fees paid within 14 days of completing your membership application. 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. After the 14 days our normal membership cancellation / termination terms and conditions apply.
QR CODE / ACCESS DEVICE and CLUB APP - ABUSE POLICY
1. Your Access Device (QR CODE, Gym Software APP) can only be used by you: Your Access Device is issued solely for your use, as your membership is personal to you and only covers your use of our gym facility. You are responsible for keeping Access Device secure and confidential at all times. Access Device remains our property at all times (unless agreed otherwise and evidenced in writing).
2. Use of QR-codes are monitored: In the interests of the safety and security of all our members, use of QR-codes and access is monitored and individuals using QR-codes may be asked to provide proof of identification.
3. Our policy, if we think your Access Device has been misused: Should we believe that your Access Device has been used by another individual or individuals we may (in our discretion) decide to conduct an investigation. If we do so we will: (a) inform you, via in person or email, that we believe your Access Device has been used by another individual or individuals and ask you to provide us with reasonable assistance to investigate the matter; and (b) following our investigation we will contact you, via email or in person, to inform you of our findings and our proposed course of action, which may include one or more of the steps set out in paragraph 4 below.
4. Our Right to make additional charges and/or cancel your membership: If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your PIN number was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have : (a) to apply a penalty charge to your membership fees (and increase your direct debit payment(s) accordingly). The penalty charge will be calculated as being equal to the daily membership charge (that applied at the time of use) for each occasion on which your PIN number was used by that individual/those individuals; and/or (b) in the event of serious misuse of your PIN number, for example, your PIN number has been used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your membership with immediate effect, and no refunds will be given.
5. ALL MEMBERS CAN ONLY SCAN THEMSELVES IN. Under no circumstances can a member use their access to grant other users / members / customers. EVERY MEMBER MUST SCAN THEMSELVES INTO THE GYM. (strictly a zero tolerance for this ‘tail-gaiting’. For insurance and data purposes.
6. Your responsibility for another’s conduct: If we have reasonable grounds for believing that you knowingly provided your Access Device to another individual or individuals, or allowed unauthorised entry following your entry to the gym (Known as tailgating) in addition to our rights referred to in paragraph 4 above, we may hold you responsible for the conduct of the individual(s) while on our gym premises, and liable for any loss we suffer as a consequence of that conduct.
Access Device: the device, APP, QR-codes, key-fob, or any other relevant security hardware device with built-in authentication equipment, issued or otherwise provided to you by us to enable you to securely access the relevant gym in accordance with the terms of your membership. Only one device can be registered to an account at any time, if you lose or misplace the QR code/key fob you need to contact member of staff to remove the access of the QR code/key fob immediately. Second key fob is liable for payment from yourself again please speak with a member of staff to receive this at cost.
GYM PASSES / WEEK / MONTH PASSES TERMS & CONDITIONS
PRINCIPAL TERMS
1. This daily membership commences once you have indicated your acceptance in the Products section of the web or app purchase process.
2. Your ‘Pass’ will be activated on the date you specified, running till midnight of the purchase d Type date. (1x gym admission may be purchased the day prior to use)
3. You will be entitled to all the rights and privileges exercisable for the Type of Product chosen.
4. You cannot transfer this day pass to anyone else nor transfer to another date.
5. Gym passes are non-refundable.
6. A 1 x Gym admission pass can only be used as a one only visits and cannot be continued into the next day once used.
GENERAL TERMS & CONDITIONS
MISCELLANEOUS TERMS
1. Members must be 18 or older. Those that are under 18 must have a Under 18 Waiver signed by their parent or guardian. This is on a case-by-case biases only at the discretion of the Director.
2. All members must read and sign the ‘Un-manned Gym Waiver’ form, this is a member liability waiver due to the nature of the gym. At some points the gym facility may be un-manned by staff. You must all book into the gym using our gym app or QR-Code Key Fob. This is for insurances and policy.
3. You agree to comply with the Rules of Membership (Gym Etiquette) which are displayed prominently in the Gym facility and online. 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.
4. 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.
5. 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.
6. 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.
7. We will not be liable or responsible for outstanding monies paid to a Personal Trainer that is ‘Freelance’. Freelance Personal Trainer is a qualified person that ‘rents’ the gym space to train their own client’s. Personal Training is arranged directly with the PT and not with The Hurt Locker Bridport Limited.
8. 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.
9. This agreement is governed by English Law.
10. We may terminate this agreement with immediate effect on notifying you if you are in breach of the Gym Rules.
11. 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.
12. You must give all personal health and fitness information to the best of your knowledge on the online PAR-Q. If any circumstances aspects change you must update your PAR-Q on your Membership profile and inform a member of staff.
PROMOTION TERMS
1. The Hurt Locker Bridport Ltd reserves the right to end any promotion without warning at any time i.e., deals, promotions and discounts.
2. The Hurt Locker Bridport reserve the right to redeem any prize in the form of a voucher or pre purchased credit.
1 x GYM ADMISSION PASSES
1. 1 x Gym Admission passes are subject to a fair use policy. 1 pass per person, multiple passes may be cancelled without warning.
2. Free passes have no resale value and cannot be exchanged for cash or any other product or service.
3. 1 x Gym Admission passes must be used on within the given time scale. Purchasing a ‘Day Pass’ online counts as one credit and must be used within the limit set.
4. Free passes should be booked to start before the advertised expiry date. Any passes set for redemption after this date may be cancelled without warning.
5. This daily pass purchase commences once you have indicated your acceptance in the purchase section of this web/app sign up process.
6. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
7. You cannot transfer any membership to anyone else nor transfer to another date.
8. 1x Gym Admission passes are non-refundable after the time scale has gone.
9. 1x Gym admission passes our bought in the gym or online via the membership page. 1x Gym admission is a credit which is valid for 7 days only from the date of purchase.
DISCOUNT MEMBERSHIP
1. Discounts may be available:
Serving personal or Veterans for the MOD and NHS staff. This discount will be given by a member of staff once proof is produced by the person wanting the discount. You cannot gain discount through online purchase. You must apply for this discount at the main gym office with your proof of ID to the selected profession or veteran card. Prior to purchasing your monthly membership, you must sign up online or through the app and complete the registration details.
2. If you purchased a membership without the discount you may lose that month purchase and a member of staff will have to cancel your current membership and re-apply for a discounted membership.
THE RIGHT TO REFUSE ENTRY
1. A member of staff has the right to refuse entry to the gym and to refuse the use of any equipment. If the member of staff has the honest belief that they believe that the member is unfit to perform exercise. All members to the gym must abide by the membership code of conduct.
2. Term of unfit: unfit to perform exercise due to alcohol or drugs consumption.
3. The membership code of conduct will be visibly displayed in the main office in plain view.
4. If the gym member is refused entry for a ‘unfit reason’ they will not be entitled to a refund.
5. If a member revokes the rules and banned for life or a set period of time. The period of time can only be set by the director. This ban will only be issued be the Director of the gym business. From the day of the ban, the member may then be issued a refund, this will not be a n immediate refund due to our different payment partners used.
INFORMATION ABOUT US
1. We are a company registered in England. Our company registration number is 12757128 and Our registered office is at Unit 24, Dreadnought Trading Estate, Bridport, Dorset, DT6 5BU.
2. If you have any questions or if you have any complaints, please contact us. You can contact us by the membership app or in the main office.
3. If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing you can send this to us by email to Hurtlockerbridport@gmail.com
4. We will confirm receipt of this by contacting you by email.
YOUR PERSONAL INFORMATION
1. Read our Privacy Notice hyperlink or displayed on the membership app or desktop version. The Hurt Locker Bridport is GDPR compliant. You may ask The Hurt Locker Bridport Ltd to delete all your personal data. To do this go to your app, Select Memberships, then click ‘Request Account Deletion’ This will prompt us to delete all the stored information we have for you. Note this does not delete your contracted membership.