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Introduction

This is an Agreement between you (the Member), and Citycise Berkshire Ltd, a company registered in England And Wales (registration number 1487958), whose registered office is at 1, Oak Court, 72, Bethel Road, Sevenoaks, Kent TN13 3UE (“Citycise Berkshire”, “us” or “we”).

By completing the joining process at our website and becoming a Member of Citycise Berkshire Ltd, you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.

Definitions

  • Administration Fee: our fees raised for changing membership terms or arising out of any breach of the terms as set out on our website.
  • Gym Membership Rules: the rules governing your conduct as set out on our website wearecitycise.com
  • Massage Therapy: services provided directly to you which do not form part of this Membership Agreement and are subject to a separate agreement between you and the therapist.
  • Member Area: the online portal for Citycise members at wearecitycise.com
  • Membership: your contractual relationship with us, which can be on various different terms, some of which are only available at certain gyms, as follows:
    • Annual Membership: a membership that is paid upfront and had a fixed term of 12 months.
    • Monthly Membership Amount: the amount you agree to pay each month for your Membership. Only applies to certain types of Membership.
    • Membership Amount: the amount you agree to pay upfront for your fixed term Membership. Only applies to certain types of membership.
    • Personal Training Sessions: sessions booked by you directly with an independent self-employed trainer which do not form part of this agreement and are not provided by The Gym and are subject to a separate agreement between you and the individual.
    • Sports Therapy: Services provided directly to you which do not form part of this membership and are subject to a separate agreement between you and the therapist.

Starting your Membership

  1. Our joining process is an online process. Full membership prices and options can be found on our website (www.wearecitycise.com), to be selected by you as part of the joining process. By completing the online joining process and becoming a Member of Citycise Berkshire Ltd, you are accepting all the terms and conditions in this Membership Agreement (insofar as they are applicable). You should only join if you have read them and accept them.
  2. This Membership Agreement starts once you have accepted the terms during the online joining process. By accepting the terms, you are agreeing to pay any applicable Joining Fee, Administration Fee, Membership Amount and Monthly Membership Amount. These are shown at the start of the joining process and again before you confirm your payment instruction.
  3. You agree to comply with the Citycise Berkshire Membership Rules and you agree to use the gym facilities and equipment in the proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury you suffer through the incorrect use of our equipment or facilities.
  4. You confirm that you are at least 16 years old.
  5. You will be liable for any damage caused to our equipment or facilities through your negligent use.
  6. You agree to tell us immediately of any changes to your personal details, including contact information; this should be done in the online Member Area.

Using the gym

  1. You are entitled to access and to use the classes at the gym or gyms defined by your Membership until termination or suspension of that Membership pursuant to this Agreement.
  2. We will make reasonable endeavors to make available to you the rights and privileges of Membership of the Citycise Berkshire gym or you joined and have paid for. This includes access to the gym and gym equipment, changing areas, staff and independent self-employed trainers for general advice. We will make reasonable endeavors to communicate to you in advance if we are unable to make available to you the rights and privileges of Membership.
  3. I understand and acknowledge that the Citycise Berkshire access and equipment as well as training, programs and events held by Citycise Berkshire may expose me to inherent risks, including accidents, injury, illness or even death. I assume all risk of injuries associated with participation including, but not limited to, falls, contact with other participants, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me.
  4. I acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in activity and acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in.
  5. I understand that I am using the gym at my own risk.
  6. After having read this waiver and knowing these facts, and in consideration of acceptance of my participation in exercise, services and services at Citycise Berkshire, within or without Citycise Berkshire’s premises, I agree, for myself and anyone entitled to act on my behalf, to hold harmless, waive and release Citycise Berkshire Ltd, its officers, agents, employees, organizers, representatives and successors from any responsibility, liabilities, demands or claims of any kind arising out of my participation  in Citycise training, programs and/or events.

Changing your Membership

  1. Some Membership types can be changed. Fees may apply. Details can be found online in the Member Area.
  2. If you have a discounted Membership and you change to a new Membership product, you will waive the right to the discount on the original Membership and pay the standard price on the new Membership.
  3. If you have a discounted Membership and your Membership is terminated, you will waive the right to the discount and pay the advertised Membership Amount or Monthly Membership Amount if you later choose to re-join Citycise Berkshire Ltd.
  4. We reserve the right to change the access privileges of members with Membership packages that allow access to multiple gym locations.
  5. We may, with reasonable notice and at our discretion, close our premises for reasonable periods of time to carry out maintenance, repairs, refurbishment, cleaning or for other reasons outside of our control, including at least 2 days a year for necessary maintenance or other work. We will endeavor to reopen facilities as soon as is reasonably possible in these circumstances. You agree that you will not be eligible for any refund for the temporary interruption in services during the period.

Managing your permissions and data

  1. There are certain email and SMS communications which it is necessary for us to send to all members, in connection with their Membership. In order to do so we will process your personal data for the purposes of performing our contractual obligations to you under the terms of your Membership. You cannot opt out of these communications. You may opt out of email and SMS communications that we may otherwise send for promotional or marketing purposes, but if you do we cannot be held responsible for any loss incurred by you not receiving gym-related communications. All processing of your personal data will be in accordance with our Privacy, CCTV & Cookie policy.
  2. For the safety and security of you, our other members and our staff, and for associated purposes of crime prevention and detection, we operate 24-hour CCTV security at all our gyms. The images will be captured, processed and retained in accordance with our separate Privacy, CCTV & Cookie policy. Access to such footage will also be governed by the provisions of that policy.
  3. We will securely store personal data including membership information and recorded CCTV footage in accordance with our privacy policy.

Payment

  1. If your Membership has an initial Membership Amount fee, you agree to pay us the full Membership Amount by credit or debit card. You will be notified of any applicable Membership Amount at the end of the online joining process, and this amount will be confirmed to you by email.
  2. If your Membership has a recurring Monthly Membership Amount fee, you agree to maintain a Direct Debit instruction with your bank (or recurring international Credit Card payment) for the Monthly Membership Amount. Your first Monthly Membership Amount is due on the date shown at the end of the online joining process (which will also be confirmed to you by email), and subsequent Monthly Membership payments will be due on the same day of each month until your Membership is cancelled.
  3. You agree to pay us the Monthly Membership Amount regardless of whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason no refunds will be due.
  4. If any payment due from you is returned unpaid or not honoured you will pay us on demand an Administration Fee of £12.
  5. Credits purchased have a shelf life of 3-months from the date of purchase, from 3-months after purchase credits are not redeemable and there will be no refund or commercial obligation for Citycise Berkshire Ltd.
  6. Refunds & Returns: If your product is defective or faulty and it’s been more than 30 days since it was delivered, please contact us to help with your return. However, various conditions have to be considered. If your product has been WORN, and you want a return then it is of course NOT faulty. But, if it is unworn and with the wrong size or there are issues within the fabric of the item then a return can be issued.

Ending your Membership

  1. You have the right to cancel this Agreement within 14 days from the start of the Agreement without giving any reason, but you must let us know you wish to do so within the 14-day period. You may email us at hello@wearecitycise.com or contact us through the Member Area (using the email that you used during the online joining process).
  2. In case of dispute you must show that you cancelled the Agreement in accordance with the cancellation terms, but for these purposes it will be sufficient to show that you sent your communication concerning your exercise of the right to cancel before the cancellation period had expired.
  3. If you have requested an immediate membership start date and you cancel your Membership within the 14-day period, proportionate charges will be due. We will refund to you any Joining Fee, Membership Amount and Monthly Membership Amount you have paid us, but the refunded amount will be reduced by the higher of (a) the one time token purchased rate (for your gym at the time you joined) and (b) an amount in proportion to the number of days between the start of your Membership and the date you communicated to us that you wanted to cancel. Refunds will be made no later than 14 days after the day on which we were informed about your decision to cancel and will be made using the same means of payment you used for the initial transaction.
  4. After the 14-day cancellation period you may terminate your Membership at any time by cancelling the direct debit mandate with your bank. Your Membership will end with immediate effect, and no refund will be due.
  5. We will terminate this Agreement and your Membership with immediate effect if you do not pay any applicable Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due.
  6. We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of the Citycise Berkshire Membership Rules. In this event you will no longer be able to access any of our facilities and we will not give any refund.
  7. If we do not terminate your Membership if you breach any of the Citycise Membership Rules, or if we give you extra time to pay if you do not pay your Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due, that will not prevent us from subsequently enforcing the terms of this Agreement.
  8. If you have a Membership that gives you access to a single specified gym, and that gym closes indefinitely, this Agreement will end.
  9. We may assign the benefit of this Agreement and our rights to a third party provided we give you notice and your rights under this Agreement will not be prejudiced.
  10. Citycise Berkshire requires a 3-month notice period of cancellation of membership. If you have paid an annual subscription up front then a pro-rata balance will be provided for the balance of the term after the three month notice period.

Additional services

  1. Personal Training Sessions and “additional services” do not form part of this Agreement and unless they are provided by Citycise Limited through our “Train with a Pro” classes.
  2. Any “additional services” (including, for example, Personal Training Sessions, Sports Therapy and Massage Therapy) which you contract for or agree to pay for, do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any agreement for “additional services”, you are entering into an agreement with those individuals and not with us.
  3. We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing the “additional services” which are specifically excluded from the Membership Agreement and We do not accept any responsibility for the same save where precluded by law.
  4. We may provide induction services or personal reviews of your training needs. Such services are provided without additional charge.

Member satisfaction surveys

  1. From time to time we may choose to invite some of our members to participate in a survey of satisfaction. This invitation will usually be by e-mail.

Other clauses

  1. Only you, the person named in the online joining process, can benefit from this Agreement.
  2. If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.
  3. Citycise Berkshire Limited, its parent companies, its agents, employees and subcontractors are not liable for any loss, damage or theft of any of your property that you bring onto any of our premises. If such loss, damage or theft is caused by the negligent acts or omissions of Citycise Limited or its agents, employees or subcontractors, our liability to you will be limited to £500.
  4. We may make reasonable changes to the Citycise Membership Rules and the Membership Agreement at any time. It is your responsibility to check online at regular intervals for changes to these documents.
  5. This Agreement is governed by the law of England and Wales.
  6. You should print a copy of this Agreement for future reference.

Citycise Limited maintains and enforces Membership Rules to make sure that using our gyms is as safe and enjoyable an experience as we can make it for all our Members.

We’re sorry for being direct, but we reserve the right to terminate your Membership immediately if you do not abide by these Membership Rules.  We hope that you understand.

As a Member of Citycise you agree that you will:

  • Not share or allow access to any other person (we monitor access and use and it’s easy for us to spot when people do this).
  • Attend an induction if you are a wheelchair user or are under 18 years old.
  • Strongly consider attending a gym induction, particularly if you are a first-time gym user, before using the gym for the first time as you are then more likely to achieve your goals (inductions can be booked via the website).
  • Carry and use a sweat towel to wipe down equipment after you have used it.
  • Not take bags onto the gym floor.
  • Not make or receive phone calls on the gym floor.
  • Not take photographs or videos on the premises or post remarks or imagery to the internet that could identify another Member.
  • Replace equipment back onto the racks after you have finished with it.
  • Not drop or throw weights down on the floor (including in the free weights area).
  • Not leave your belongings in a locker when you are not on the premises (we regularly remove stuff left in lockers by clipping the padlock and donate it to charity).
  • Use a locker to store your belongings when you are exercising (and use a padlock because unfortunately some people are not nice and may try to take your stuff).
  • Wear suitable clothing and footwear when exercising (denim, bare feet, flip-flops, boots or a bare torso are amongst the range of clothing choices that is unsuitable).
  • Use the gym facilities and equipment in a proper manner and not in a way that might cause harm to yourself or others (just ask a member of staff if you are unsure).
  • Not engage in any exercise activity that may be potentially harmful to you or others (this includes contact sports such as martial arts and boxing unless this is with one of our Personal Trainers).
  • Not use, block or interfere with fire, emergency or disabled access doors or alarms (except in a genuine emergency).
  • Not behave in an aggressive, abusive, intimidating, anti-social or threatening manner or in a way that might cause distress to staff or Members.
  • Not obscure your face when using the entrance or on the gym floor (for example wearing a helmet, baseball cap or hoody).
  • Not conduct any Personal Training business with other Members.
  • Come and go quietly so as not to disturb our neighbours.
  • Use any parking facilities provided in accordance with the rules that the parking provider posts and may change from time to time (if you get a parking ticket we are not responsible).
  • Not park your bicycle in an unsafe or inappropriate location.
  • Put your litter in one of the bins we provide.
  • Not enter our premises whilst intoxicated.
  • Not engage in any type of criminal behaviour whilst on our premises.
  • Not sleep in on our premises.
  • Not cause damage to the premises, our or another Member’s property.
  • Not force entry to locked doors.
  • Not eat on the gym floor.
  • Leave the premises before closing time.

Citycise Berkshire May 2019