MEMBERSHIP TERMS & CONDITIONS
Congratulations on joining Pure Fitness here at Wellington Mills (the Club). We are delighted that you have chosen to become a member and are looking forward to welcoming you at the Club.
These are the terms and conditions on which you can become a member of the Club (Terms). By applying to become a member, you are agreeing to be bound by:
these Terms; and
the rules of the Club (Club Rules) which can be found on our website Click here or are available at the Club.
These Terms and the Club Rules together form our agreement, so please ensure you carefully read both. Your attention is drawn in particular to the Our Liability section of the Club Rules.
Before we get started….
We have tried to make these Terms as easy to understand as possible by using plain English. To make it easier for you to follow, we have occasionally used definitions. When a definition is first used, you will be able to see it clearly in bold text. If we use it again in the Terms, it will appear with capital letters.
Some sections of these Terms may require one of us to give the other written notice e.g. if you want to cancel your membership. Where this is the case:
we can provide you written notice by emailing or writing to you at your last known contact details, so please let us know if these change.
Who can become a member?
You must be over the age of 16 and meet the requirements of our health questionnaire which is available from the Club.
How is our agreement formed?
By the following steps:
you must complete the application form in full (either online Click here or on paper at the Club) and submit it to us;
once you submit your online application form, you will receive an automatic email acknowledgement. Please note that this is not acceptance of your application;
you will then need to come into the Club, complete your health questionnaire and collect a membership card;
a legally binding agreement will only be formed at the point at which you have completed all the steps above and one of our representatives confirms that the agreement is formed between us.
Your membership will start on the date a legally binding agreement between us is formed as set out above (the Start Date).
If requested, you must provide us with documentary evidence in support of your membership before using the Club e.g. proof of age or proof of your student status.
Acceptance of your application is at our absolute discretion.
Our agreement will be concluded in English.
What membership options are available?
We offer different types of memberships and facilities at the Club. Each category of membership has different restrictions, conditions, and benefits.
The different membership options available and their price will be communicated to you when you apply for membership. Details of our current membership options and their prices can be found on our website or from a member of our team.
How long will my membership last for?
That depends on what type of membership you apply for. We will make the minimum term clear to you when you apply (Minimum Term).
What happens after the Minimum Term?
If you have paid in cash, your membership will automatically expire at the end of the Minimum Term and you will need to renew your membership again if you want to continue using the Club.
If you have paid using direct debit then, unless we tell you otherwise, your membership will continue on a rolling monthly basis after the Minimum Term as long as you continue making your monthly payments to the Club.
What happens after my membership ends?
Once your membership has ended, you will no longer be entitled to use the Club. You will of course be able to apply for another membership in the future.
You must pay your membership fees. You may pay your fees upfront in cash, or monthly in advance by direct debit.
If you pay using direct debit, you can choose if you want to pay your fees on the 1st or the 15th of the month. If you want to use the Club before your first direct debit payment is due, you will need to pay us an upfront pro-rata amount which covers the Start Date until the date your first direct debit is due. For example, if you have chosen to pay your fees on the 1st of each month but you want to start using the gym from your Start Date of the 17th July, you would be required to pay a pro-rata amount to cover the period from the 17th July to the 31st July (inclusive).
If you pay using direct debit, your direct debit will be collected by a third party company and you will enter into a separate contract with them. We are not liable for such third party or your contract with them. Once your membership ends, you must arrange for your direct debit to be cancelled. Please see section 13 “Direct Debit Company” for their details.
We will not increase our fees during your Minimum Term. After the Minimum Term, we may increase our fees no more than once per year. We will give you 1 months’ notice of any increase and if you are not happy with the increase, you can cancel your membership on 1 months’ written notice.
All of our fees are inclusive of VAT.
Can you make any changes to the Club during my membership?
Sometimes we may need to temporarily withdraw some of the facilities or close the Club for certain periods to carry out cleaning, refurbishments, repairs, maintenance, security work or if we have concerns about noise. We may also permanently remove certain equipment if required to resolve any concerns about noise.
If we need to do this, where reasonably possible, we will display notices in the Club notifying you of the change at least 2 weeks in advance.
Can I make changes to the type of my membership?
You cannot change the type of your membership during your Minimum Term.
However, we realise that your needs can change over time, so after your Minimum Term you can apply to change the type of your membership by contacting the Club. We may require you to pay an administration charge of £10 to cover our costs of making the change (for example, the cost of us issuing a new card or liaising with your direct debit company).
If the change means your membership fees should be reduced, we will refund any overpayment you have made for the period after the change takes effect. We will not refund any joining fees you have already paid.
How can I cancel my membership?
After the Minimum Term:
either we or you can cancel your membership by providing the other with not less than 1 month’s written notice;
your membership can only end on a monthly anniversary of the Start Date. For example, if your Start Date was 15th August, you could cancel your membership so that it ended on 15th September, 15th October, 15th November etc. If we received your written notice on or before 15th August, then your membership would end on 15th September If we received it on 16th August, your membership would end on 15th October;
once we have received your written notice, we will confirm the date on which your membership will end.
If you have a joint membership and one of you wishes to cancel in accordance with these Terms, the whole membership will be cancelled. The remaining person can of course register for an individual membership separately if they wish to do so.
If I cancel my membership, what happens to any fees I have paid in advance?
If you cancel your membership after the Minimum Term, we will refund any part of your membership fees which you have paid in advance but which relates to a period after you cancel. We will not refund any joining fees.
Except where stated otherwise in these Terms, you remain liable for all membership fees during the Minimum Term.
Is there any way I can suspend my membership?
Yes, you can suspend your membership for 1, 2 or 3 months but only:
if you are unable to use the club through serious illness or injury or because you have lost your job through redundancy; or
once in any 12 month period simply because you wish to but in this case you must pay £5 per month for each month during which your membership is suspended.
To suspend, you must complete a membership suspension form available from the Club. If you are suspending due to serious illness, injury or redundancy you must also provide us with either:
written confirmation from your doctor, together with a valid practice stamp, that your condition prevents you from exercising in the Club; or
a copy of your P45 some form of evidence of redundancy.
Once we receive both your suspension request and all supporting evidence (where applicable), we will confirm in writing, the dates between which your membership will be suspended, the date your membership will resume, and the new date your membership will end.
If you have a joint membership and one of you wishes to suspend in accordance with these Terms, the whole membership will be suspended and neither person will be able to use the Club.
What happens during and after the suspension period?
Whilst your membership is suspended, you will not be able to use the Club facilities.
After the suspension period:
if you suspended your membership due to serious illness, injury or redundancy, your membership will resume in accordance with these Terms unless you can provide evidence to show that the serious illness, injury or redundancy is ongoing in which case you may cancel your membership on 30 days’ written notice to us. We will refund any membership fees you have paid for the period after the cancellation takes effect (excluding any joining fees);
if you suspended your membership simply because you wished to, your membership will resume in accordance with these Terms and you will not be able to suspend your membership again for a further 12 month period.
8. OUR RIGHTS
What happens if I breach these Terms and/or the Club Rules?
We may terminate your membership immediately without written notice, and may prevent you from becoming a member or entering the Club again if:
you breach these Terms or the Club Rules;
any part of your membership fees remain unpaid 30 days after their due date for payment; or
you provide us with details which you know to be false when applying for membership and the false declaration would have reasonably affected our decision to grant you membership.
If we terminate for any of these reasons, we reserve the right to retain a proportion of the money paid under this membership, to cover any reasonable costs incurred and will refund you the difference.
9. PERSONAL INFORMATION
You are entitled to see the information we hold about you and you may ask us to make any necessary changes to make sure that it is accurate and up-to-date. If you want to do this, please contact the Club. If you want to know what personal information we hold about you, you can ask to see it at any time. You should write to the Club Manager at the address set out in section 12 “About Us” below enclosing proof of identity such as a copy of your passport or driving license to see your personal information. You may have to pay an administration fee of £10 to process your request. We will contact you within 40 days of receiving your valid request in writing.]
10. EVENTS OUTSIDE OUR CONTROL
Neither we nor you will be responsible if we are unable to perform our obligations under these Terms/the Club Rules due to events which are genuinely beyond your or our reasonable control (as applicable).
We may assign the benefit of our agreement (and any rights that arise from our agreement) to a third party by providing you with written notice, provided that your rights under our agreement will not be prejudiced.
You may not transfer the benefit or any of your obligations under our agreement to any other person without our prior written consent.
Nothing in our agreement is intended to break the law. If you have legal rights which cannot be lawfully excluded, they take precedence over the terms of our agreement.
Nothing under our agreement shall give rights to any person who is not a party to it.
As far as is legally possible, all aspects of our agreement shall be governed by English law. We both agree to the non-exclusive jurisdiction of the English courts.
12. ABOUT US / CONTACT US
We operate the website www.purefitness.biz and the Club. Our full legal name is Pure Fitness (Yorkshire) Gym Limited. We are a company registered in England and Wales with company number registration number 08303775. Our registered office is Wellington Mills Plover Road, Lindley, Huddersfield, HD3 3HR and our vat number is 154 5161 23.
If you want to write to us, you can do so at the registered office given above.
Our email address Click here and our telephone number is 01484 485395.
Complaints should be communicated privately to a member of our team, through the suggestion/comments boxes provided in the Club’s or in writing to the contact details set out above.
13. DIRECT DEBIT COMPANY
The direct debit companies collecting your payment (where applicable) are
01908 422 000
16 Davy Avenue,
01242 269 790
1 Tebbit Mews,
0844 800 7230
Po Box 5004,
Version 2, [July 2015]