Definitions:“Paramount” “we” and “our” means Paramount Health & Fitness Ltd., “Member”“you” and “your” means the member named overleaf, these terms and conditions constitute a membership contract between you and us.
1. MEMBERSHIP Joining
1.1 Members must be aged 18 years plus or 14 years plus with signed parental consent.
1.2 You will be subject to all rights and obligations according to the type of membership for which your application has been accepted.
1.3 Your membership type is set out overleaf
1.4 Startup fees apply as set out overleaf which are payable immediately upon becoming a member. These fees are non-refundable as they cover our reasonable administration costs.
1.5 Membership fees are detailed overleaf. Membership fees paid by monthly instalments are payable on the first day of each month of membership.
1.6 In order to qualify for any discounted membership options you are required to supply evidence of your eligibility. A list of acceptable evidence can be obtained from us. Initially you may be charged the full membership rate and this will be reduced at the first Direct Debit date falling 30 days after your evidence has been produced.
1.7 You are required to nominate a credit or debit card as an alternative method of payment which you agree we may use should the primary payment method fail for any reason. Your signature on the credit or debit card mandate will authorise us to debit the account with the total amount due and you will be notified when such an amount is paid. If you do not have a valid credit or debit card you will be required to pay a deposit, equivalent to 1 month’s membership fees,against which we may debit outstanding payments due under this contract. Any amount not required from the deposit to meet such outstanding payments will be refunded to you upon termination or this contract.
1.8 If your membership falls into arrears, without prejudice to our rights at clause 3.11 and except where the arrears are solely owing to the fault of your bank or have been cleared by the secondary payment method referred to at clause 1.9 above, we reserve the right to levy an administration charge of £25 for each such event (subject to a maximum of 2 charges in each calendar year), to suspend membership until the arrears (including charges) have been cleared and to take legal action to recover the sums outstanding.
1.9 Membership fees may be increased at our discretion, subject to giving you 1 month’s notice, except for prepaid quarterly or annual memberships where increases apply at the time of renewal.
1.10 Lockers will be emptied every night and contents stored for a reasonable period of time appropriate to their value but will then be deemed to be abandoned goods and be disposed of. We may levy a charge for the removal and storage of goods left in a locker.
1.11 In order to gain access to our clubs you must produce your membership card at all times.
1.12 You must not loan your membership card to or permit its use by anybody else.
1.13 Were serve the right to close areas of our clubs from time to time at our discretion eg. For maintenance repairs, refurbishment or cleaning.
1.14 Opening hours are subject to change by giving you 1 month’s notice reasonably practicable.
2. Club Usage
2.1 Our staff, agents and subcontractors are not medically qualified. If you have any doubts about your fitness or capability to undertake physical exercise we strongly recommend that you take independent medical advice before under taking any exercise.
2.2 You may not use any of our facilities whilst suffering from any infection or contagious illness that could affect others within the club.
2.3 Neither us, our employees, agents or sub-contractors will be liable to you for any loss, damage, theft of any property brought onto any of our premises (also including damage to vehicles or their contents); or any death, personal injury or illness occurring on any of our premises (including that caused by use of facilities and/or equipment unless caused by our employees, agents,subcontractors or our negligent act or omission.
2.4 You are responsible for ensuring that you correctly operate or use any facilities and/or equipment (including adjusting levels or settings) which we provide. If you are in any doubt about how to correctly operate any equipment, you must consult one of our representatives before use.
2.5 Some areas of our clubs are unsupervised and we do not accept responsibility for any harm or injury to you while using them unless caused by our employees, agents,subcontractors or our negligent act or omission.
2.6 Personal Trainers operate in our clubs on a self-employed basis. Any service they provide to you constitutes a contract between the Personal Trainer and you rather than us. We accept no responsibility for breach of contract or negligence caused by a Personal Trainer.
2.7 You will not abuse the facilities or equipment of any club and you will pay for any damage to our property where you wilfully or negligently cause such damage.
3. Membership Term
3.1 A Minimum membership period applies to this contract as confirmed overleaf and,except where 3.2 applies, upon expiry of this minimum period, your membership will automatically continue indefinitely at the prevailing rate subject to the termination provisions set out below.
3.2 Membership paid on a quarterly or annual basis will lapse at the end of the relevant minimum membership period i.e. 12 months for annual membership
3.3 If you are dissatisfied with theservice offered by us for any reason within the first 10 days of becoming amember, with the exception of an admin fee of £30 which is non refundable, youare entitled to a refund of any membership fees paid for that 10 day period.
3.4 During the minimum contract period of membership, you are unable to cancel your membership, other than due to genuine relevant medical reasons (supporting professional documentation must resupplied). We will refund membership fees paid in respect of the period from the date of the certificate signed by the medical practitioner provided you have not used our services during that period and subject to us retaining a reasonable administration fee.
3.5 Wemay reinstate any cancelled direct debits made directly with the bank withoutour knowledge if no notice of cancellation is given. A discretionary £30 feewill be added to your account in this circumstances.
3.6 You must complete a Cancellation request form or give written notice to the General Manager and return your membership card for cancellations to be processed.
3.7 You are required to give minimumone month’s notice of termination which will commence on the first day of paymentof the following month and expire on the last day of that month’s payment (thisdoes not apply to clause 3.3) as agreed on your registration form.
3.8 You may not cancel within the first3 months of membership. If you cancel we reserve the right to take a credit ordebit card payment/use your deposit as part payment or in the case of cancelleddirect debits by you to reinstate them (3.5).
3.9 We are entitled to retain anymembership fees where you have not cancelled your direct debit instruction withyour bank and you have not given valid notice.
3.10 We may terminate your membershipwithout notice if in our reasonable opinion, continued membership is likely tobe injurious to the character and interests of the club eg. vandalism orillegal activity.
3.11 We may terminate your membershipwith immediate effect without notice if you have breached any terms andconditions of this contract or membership fees or any other charges remainunpid 7 days after the due date, provided that we give you written notice ofthe breach and you have not remedied it within 7 days of the notification date.
3.12 We may terminate your membership with immediate effect if the club permanently ceases operation. We will provide a prorate refund for membership fees paid in respect of any period after the termination date.
3.13 A maximum of 3 months freeze ispermitted per year for a minimum of 1 month.
4.1 Were serve the right to take photographs of our facilities (which may include you,provided your inclusion is incidental) for press and promotional purposes provided we give reasonable notice.
4.2 Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights, neither will any failure to identify or act upon your breach of the terms of this contract be deemed to be an affirmation by us that your behaviour is acceptable.
4.3 Where a provision of this contract is deemed to be invalid or unenforceable by any UK Court, the provision will be deleted but such deletion will not affect the validity and enforce ability of the remaining provisions.
4.4 We may assign or transfer the benefit of this contract or sub-contract our obligations under it, to any other legal entity at any time without notice to you. Except as permitted by this clause (Rights of Third Parties) Act 1999 are excluded.
4.5 Written notices that are required to be given by either party shall be sent using second class post to the address provided overleaf or such other address as is notified by either party and shall be deemed served 3 days after posting.
4.6 Except where permitted by this contract, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
4.7 Relevant United Kingdom law shall apply to this contract and the relevant Courts of the United Kingdom shall have exclusive jurisdiction to deal with any disputes arising in relation to it.