CONDITIONS OF USE
- We use all our reasonable efforts to include accurate and up to date information on our web pages. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.
- The information on these web pages has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation.
- You agree that the material downloaded or otherwise accessed through the use of our web pages is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage.
- We do not accept any liability in connection with any third party web sites which may be linked or accessible through our own website and we do not endorse or approve the contents of any such site.
- In relation to a dispute arising out of this website you the user and we, Kickstart Gym Fitness & Spa, herein “Kickstart Gym” agree to submit exclusively to the jurisdiction of the courts of England and Wales.
- Except where expressly stated to the contrary the text and graphics in the information contained in this website is the copyright of Kickstart Gym. You may download or print out individual selections of these web pages only if explicitly used for your own personal information and not to be publicly reproduced. Permanent copying or storage of whole or part of this web site or the information contained in it or reproduction or incorporation of any part of it in any other work or publication whether on paper or electronic media or any other form is expressly prohibited.
- The entire contents of these web pages remain the property of Kickstart Gym and are copyright with all rights reserved.
MEMBERSHIP CONTRACT TERMS AND CONDITIONS
Kickstart Gym reserve the right to charge a fee on unpaid monthly direct debit mandate or rejection.
MONTHLY MEMBERSHIP CONTRACTS
Membership fees shall be fixed by Kickstart Gym and may be altered at any time. Members will be notified (by notices posted on our web site and social media sites) of any changes in the fees prior to the date of the alteration.
- On payment of membership fees, a member is entitled to use Kickstart Gym facilities with frequency of use relating to the membership type.
- The first membership subscription shall be due and payable on the signing of this agreement, then due 30 days after.
- All membership applications must be on the forms prescribed by the centre and applicants may be subject to an interview at the discretion of the centre.
- Kickstart Gym Fitness reserves the right to reject an application for membership, or refuse admission, without ascribing any reason.
- Membership fees are payable according to the membership type selected.
Monthly Direct debits are a full binding contract between Kickstart Gym and the member and will automatically continue until Kickstart Gym is notified otherwise. Our 12 month memberships must be fulfilled.
COURSES AND SPECIAL EVENTS CONTRACT
Courses and special event fees shall be fixed by Kickstart Gym and may be altered at any time. Members will be notified (by notices posted on web site and social media sites) of any changes in the fees prior to the date of the alteration.
- On payment of course or special event fees, a member is entitled to use Kickstart Gym facilities only for the time period of the contracted course or event.
- Kickstart Gym reserves the right to reject a course or special event booking, or refuse admission, without ascribing any reason.
PAY-AS-YOU-GO MEMBERSHIP CONTRACT
All pay-as-you-go fees shall be fixed by Kickstart Gym and may be altered at any time. Members will be notified (by notices posted on website and social media sites) of any changes in the fees prior to the date of the alteration.
- On payment of pay-as-you-go fees, a member is entitled to attend Kickstart Gym only for the time period of the contracted class and use only directed facilities.
- Kickstart Gym reserves the right to reject a pay-as-you-go booking or refuse admission, without ascribing any reason.
TERMINATION OF MEMBERSHIP AND CANCELLATION OF COURSE, SPECIAL EVENT AND ONE-TO-ONE BOOKINGS
- No membership cancellation is valid by any other medium other than in an email format or a cancellation request form to be filled out on our website.
- All other memberships types must be fulfilled. A 12 month membership can only be terminated with written notice 30 days in advance. You will be held liable as this is a binding contract and Kickstart Gym will take the necessary measures to ensure all monies are paid, if this notice is not received.
- I understand that if I submit a membership cancellation less than 30 days before I intend to terminate the membership, that request is outside of the agreed notice period and will be charged in full for that month.
- Kickstart Gym is not liable to refund any monies in relation to course bookings should the receipt of cancellation not be received at least seven days in advance of the first scheduled class date.
- Kickstart Gym is not liable to refund any monies in relation to one-to-one and special event bookings should the receipt of cancellation not be received at least 24 hours in advance of the booking date and time.
- Kickstart Gym reserves the right to refuse admission and/or to expel or suspend any member forthwith if any member shall, in the opinion of Kickstart Gym cause nuisance or annoyance to the other Kickstart Gym members or guests; and for any breach of Kickstart Gym’s Code of Conduct, or for any other reason which Kickstart Gym may deem appropriate.
RELEASE OF LIABILITY
- Client’s acknowledgement and assumption of risk and full release from liability of Kickstart Gym: client acknowledges that the personal training/nutritional service programs purchased hereunder includes participation in strenuous physical activities, including, but not limited to, running, weight training, stationary bicycling, gymnastic movements, various aerobic conditioning machinery and various nutritional programs offered by Kickstart Gym (the “physical activities”). Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, or injury however caused, occurring during or after client’s participation in the physical activities. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a client, slip and fall by client, or an unknown health problem of client.
- Client agrees to assume all risk and responsibility arising from participation in the physical activities. Client affirms that client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Client acknowledges participation will be physically and mentally challenging, and client agrees that it is the responsibility of the client to seek competent medical advice regarding any concerns or questions concerning the ability of client to take part in Kickstart Gym physical activities. By signing this agreement, client affirms that he or she is capable of participating in the physical activities. Client agrees to assume all risk and responsibility for exceeding his or her physical limits.
- Client, on behalf of client, his or her heirs, assigns and next of kin, waives any claims against and releases Kickstart Gym (as well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability, claims and/or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in Kickstart Gym activities, including, but not limited to the personal training/nutritional programs and the physical activities.
- Fitness program membership agreement services: The service being requested is for coaching designed to progress you toward elite fitness. The agreement is for coaching services over a specific period of time during which the student is eligible to partake in any and all activities in accordance with their membership package. This is not an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.
- Client’s right to cancel: The client may terminate or cancel the agreement at any time. The agreement will continue in full for the remainder of the notice period stated above. There is no pro rata refund for that calendar month.
- Successors and assigns: Client agrees that all terms and conditions of this agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of client, and anyone claiming by or through client.
- Enforceability: The parties agree that if any provision or portion of this agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this agreement, which shall otherwise remain in full force and effect. However, client specifically agrees all the terms and conditions are to be enforced and client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this agreement.
- The following information has been produced to ensure that all members are assured of a comfortable and enjoyable experience on each and every one of their visits. Although the items in this list are detailed in their nature, it is anticipated that for the majority of members there will be little or no need ever to refer to them.
USE OF THE FACILITIES
A member is entitled to use Kickstart Gym facilities providing always that Kickstart Gym may at any time withdraw all or part of its facilities for any period or periods and without notice, where practicable, in connection with any cleaning, repair, alteration, maintenance or security work or for reasons beyond their control.
The centre reserves the right at any time, and without notice, to set aside facilities for exhibitions or other social activities.
- Kickstart Gym’s liability for loss or damage to members’ property is strictly limited to any damage or loss suffered as a result of negligence of Kickstart Gym, its staff or agents. Without exception Kickstart Gym will not accept liability for money, valuables or other personal property of members.
- Kickstart Gym reserves the right, at its absolute discretion, to refuse to store any such personal property of members.
- Kickstart Gym cannot accept any liability for any accident to any member or guest that may occur on the premises other than the liability that may arise from negligence of Kickstart Gym, its staff or agents.
- Any member who suffers an accident on Kickstart Gym premises must report the accident, and the circumstances under which it occurred, to a staff member immediately following the accident.
- Neither Kickstart Gym, its health & fitness specialist instructors or other employees, servants or agents (including every independent contractor from time to time employed by Kickstart Gym) shall in any circumstances whatsoever be under any liability whatsoever to the applicant for any loss, damage or injury (including death) whether accidental or otherwise of whatsoever kind arising during or resulting from participating in the exercise program.
- Members must at all times observe the membership rules, and comply with any reasonable directions which the manager may give to ensure the smooth operation of Kickstart Gym, the facilities and the convenience of members.
- Credit shall not be granted by Kickstart Gym to any member. Any and all costs incurred by the members during their visit Kickstart Gym must be paid prior to leaving Kickstart Gym.
- Any dispute or difference that may arise with regard to the interpretation of these rules shall be determined by the manager whose decision shall be final.
- Kickstart Gym reserves the right to amend these rules and all tariff charges at any time and without notice to the individual members although notification of the change will be posted on the website and Facebook. If any provision in these rules is declared illegal or otherwise unenforceable, the remaining provisions shall remain in full force and effect.