TERMS AND CONDITIONS
Your agreement is with us, Lift Gyms Ltd. We are a limited company registered in Scotland under registration number SC550578 and our registered office is at 6 Byrehope Way, Polofields, Edinburgh EH13 0FR.
Your signed Application Form, these Terms & Conditions and the Gym Rules make up your agreement with us for your membership (Membership) to use our gym facilities (Gym). This is a legal agreement, so we advise you to read these documents in full before you sign the Application Form. If you have any queries relating to these documents, please speak to a Gym manager or contact the Lift Gyms membership team via the following link: http://lift-gyms.co.uk/member-services.
In particular, please be aware of Sections 6 (Failing to pay your membership fees), 9 (Termination of Membership) and 18 (Limitation of Liability) of these Terms and Conditions.
2. APPLYING FOR MEMBERSHIP
You must be 16 years of age or over to apply for a Membership. We may ask for photo ID to confirm your identity and your age.
Upon being accepted as a member, we will need to take your photograph for your membership card to confirm your identity each time you enter the Gym. It is at our discretion whether we allow a member to join without having a copy of their photograph on our records, since this is how we identify our members.
We may reject any application for Membership at our discretion and acting reasonably. Where we reject your application, we will inform you in writing of our reasons for doing so.
In order to provide you with certain services, we may ask you to complete a physical activity readiness questionnaire (PARQ). If you do not wish to complete this form or provide us with this information, then you may not be able to enjoy the full benefits of membership with us. More information about this is provided on the PARQ, or you can or contact the Lift Gyms membership team via the following link: http://lift-gyms.co.uk/member-services for further information.
3. MEMBERSHIP TYPES
We offer various Membership types, offering a range of price versus flexibility, so that our members have the following choices:
a) Monthly Memberships
Under this Membership, you commit to being a member for the minimum contract term set out on your Application Form. After the minimum contract term ends, your Membership will continue to roll on a month-by-month basis until you choose to cancel your Membership in line with Section 7 (Cancelling Your Membership) of these Terms & Conditions.
b) Paid in Full Memberships
Under this Membership, you commit to being a member for the full term specified in your Application Form. Your Membership will automatically expire at the end of this term but it is open to you to request to renew your Membership or to switch to a monthly Membership. You must pay your Membership fee in full before you can begin to use the Gym facilities.
c) Discounted Membership
This Membership may be open to the following persons, where they provide proof of their eligibility:-
• Persons with disabilities;
• Emergency services; or
• Off peak
Members should be aware that the full fee for their Membership type may be applied until proof of their eligibility is provided.
4. MEMBERSHIP FEES
Your Membership fee will depend on the type of Membership you have chosen. The fee to be paid will be set out on your Application Form which you will sign prior to becoming a Member. If you have any queries relating to the fees you are paying, please speak to a Gym manager or contact us at the details above.
During your Membership, you must pay your Membership fee in the amounts and on the dates set out in your Application Form, unless you have frozen your Membership in line with Section 8 (Freezing Your Membership) below.
If you have a monthly Membership, it is your responsibility to ensure that your monthly payment is made to us. If we have not received your monthly payment, we reserve the right to refuse you access to the Gym until you have made your payment. We recommend that your monthly Membership fee is paid by direct debit. If you decide to make your monthly payment by direct debit, you will need to sign the direct debit mandate included with your Application Form.
Payment of your Membership fees must be made in advance every month, on or around the 1st of the month, or as set out in your Application Form.
Under these Terms & Conditions, monthly means every calendar month. A full calendar month starts on the first day of the month and ends on the last day of the month.
If you have a Paid in Full Membership and you wish to renew your Membership, you must notify us in writing (letter or email are acceptable) no later than the 20th day of the last month in which your Membership is due to expire.If you fail to notify us, we will assume you wish to cancel your Membership and you may be refused entry into the Gym after your Membership has expired.
5. MEMBERSHIP CARD
You will receive a Membership card or RFID sticker upon joining the Gym. You must present your Membership card or RFID sticker for security and verification on each visit to the Gym. You may not loan your Membership card or RFID sticker or allow another person to use it. If you forget your Membership card or RFID sticker, we may ask you for ID to allow us to identify you. If you do not have your Membership card or RFID sticker, you will be admitted to the Gym at our discretion. If you lose your Membership card or RFID sticker, you will need to buy a replacement card or RFID sticker at a cost of £2.
After you join the Gym, you can cancel your Membership at any time and for any reason during the “cooling-off period”.
The cooling-off period starts on the date you submit your signed Application Form and ends after 14 days. You will receive a refund of any fees paid during the cooling-off period if you choose to cancel during this period.
You must give us your cancellation in writing (by letter or email) if you choose to cancel within this period. If you choose to cancel after the cooling off period, you must do the following:-
• If you are a member on a monthly Membership:
provide one full calendar month’s advance written notice, effective from the 1st of the following month. This should be done by completing a Cancellation Request using the Lift Online Member Services function. This can be found on the Lift website using the following link http://lift-gyms.co.uk/member-services. If we receive notice by the first day of the month, your membership will end on the first day of the following month. If we receive notice after the first day of the month, your membership will end of the first day of the second month following the notice. For example, a Member who wishes to cancel on 1st June, must complete the online request by 30th April. A cancellation request completed on 21st May would only be eligible for cancellation as at 1st July.
6. FAILING TO PAY YOUR MEMBERSHIP FEES
If you fail to pay your Membership fee for whatever reason, you will not be permitted entry to the Gym until you have settled the outstanding payments. You can settle this by signing the direct debit mandate outlined at Section 4 (Membership Fees) above, or paying in cash or by debit/credit card. If you choose to end your Membership, or it ends for any other reason, you are responsible for cancelling any direct debit you have set up. If you cancel your direct debit without telling us you wish to cancel your Membership, or you continue to use the Gym after cancelling, we will contact you in relation to any outstanding payments that may be due. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7. CANCELLING YOUR MEMBERSHIP
• If you are a member on a paid in full Membership:
there is nothing for you to do unless you wish to renew your Membership as it will expire automatically at the end of the term
if you wish to end your Membership early, we will only issue a refund for the remainder of your membership term in the following circumstances:
▪ Serious illness,
▪ Serious injury,
▪ Closure of the Gym for longer than 4 weeks, or
▪ Relocation of the Gym out with a five mile radius of its original location.
We may request to see evidence in such circumstances.
If you have any questions on cancelling your Membership, please ask a Gym manager or contact the Lift Gyms membership team via the following link: http://lift-gyms.co.uk/member-services.
8. FREEZING YOUR MEMBERSHIP
Any member may apply for their Membership to be frozen (or unfrozen) for any reason by completing a request via the Lift Gym online member services function using the following link, http://liftgyms. co.uk/member-services.
When you “freeze” your Membership, you will be charged a freeze fee of £10 per month instead of your standard membership fee and you will not be permitted access to the Gym. You can opt to unfreeze your Membership at any time, following which your Membership fee will return to the unfrozen rate and you will be permitted full access to the Gym. In order to unfreeze a Membership, a pro rata fee for the remainder of the then current month will be payable. The freeze fee of £10 is not payable towards this pro rata fee.
The minimum freeze period is one full calendar month commencing on the 1st day of the month and the maximum freeze period is six full consecutive calendar months, unless your reason for freezing your Membership is one of the following:
• Serious illness,
• Serious injury, or
In the above cases, the freeze period can be extended to a period to be agreed with us. We may ask to see supporting evidence before agreeing to this.
To request a freeze, you must contact us by the 20th day of the month prior to the requested freeze start date. For example, a member who wishes to freeze commencing 1st June, must complete the online request by 20th May. A freeze request completed on 21st May would only be eligible for a freeze start date as of 1st July.
Unless you fall within the categories above where we have agreed separate terms for your frozen period, the following will apply:-
• A fee of £10 per month applies throughout the period of frozen Membership;
• Freeze periods will not count towards a member’s contractual term, and will extend any applicable minimum term by the number of frozen months taken; and
• Membership may not be frozen during the notice period of cancellation.
If you are on a monthly Membership, your freeze fee(s) will be taken via Direct Debit.
If you are on a paid in full Membership you must settle your freeze fee(s) in advance of the 20th day of the month prior to the requested freeze month.
9. TERMINATION OF MEMBERSHIP
We may cancel your Membership by giving you one months’ notice in writing. For example, if we contact you to tell you that we are terminating your Membership on 1 May, the last day that you will be able to use the Gym will be 31 May, as your Membership will officially end on 1 June. In these circumstances, we will refund any Membership fees that you have paid in advance for your remaining membership term. We may terminate your Membership without notice if
1. You breach these Terms & Conditions or the Gym Rules, either on a serious or repeated basis; 2. Membership fees remain unpaid after 2 months’ following a request by us for payment; or 3. You put or have put the health, safety or well-being of our staff, members or anyone else on the Gym premises. All decisions made by us under this clause are final. We are unlikely to accept a new application for Membership from someone who has had their Membership terminated. If we decide to permanently close the Gym we will, where possible, give you one months’ notice in writing and we will refund any Membership fees that you have paid in advance for your remaining Membership term.
10. CHANGES TO MEMBERSHIP
We may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions. If the change affects your Membership, we will notify you by contacting you using the contact details provided and by placing a notice on the Gym noticeboard and on our website. If the change is for the benefit of the majority of our members, it will be displayed on our Gym noticeboard and the change will take effect immediately. We may make changes to our Membership terms, fees or amend our Membership types. We will inform you in writing of any change in your Membership fees at least two calendar month’s before the change is to come into effect.
11. GUEST RULES
You must be aged 18 years or over before you can invite guests to the Gym and the guest must be 16 or over. We may ask for photo ID to confirm the age of your guest. You can bring a maximum of 4 guests to the Gym at any one time. You are responsible for making sure that your guests abide by these Terms & Conditions and the Gym Rules. Each guest will have to pay a guest fee to enter the Gym unless they are attending in line with a Gym promotion. We may refuse a guest entry at our discretion.
12. GYM FACILITIES
Full details of our normal opening hours are available upon request at the Gym and on our website. We may vary our normal opening hours, temporarily remove access to certain equipment, or temporarily close certain areas of the Gym from time to time and without notice for various purposes including: cleaning, decorating, repairs, refurbishment, or for special functions and holidays. Where the Gym is unavailable for access for more than seven or more days in any one month period, we will offer a proportionate refund to all Members.
13. HEALTH AND SAFETY
We recommend that all Gym users complete and sign a PARQ before using any Gym facilities. This is to help ensure that our employees and personal trainers are made aware of any pre-existing medical conditions before making any recommendations to you about your training. We advise all Gym users to take medical advice prior to starting any exercise programme. The employees and personal trainers working at the Gym are not healthcare professionals and medical advice should always be sought if you have any concerns about your training. You must abide by these Terms & Conditions and the Gym Rules at all times to help ensure your safety and the safety of others when at the Gym. If you have any concerns in relation to health and safety in the Gym, you should report these to a member of staff.
15. PERSONAL TRAINING
The Personal Trainers (“PT”) that operate within Gym are selfemployed, independent freelance trainers and are not employed by us. If you choose to use a PT, you are entering into an agreement with the PT alone and not with us.
16. YOUR PERSONAL INFORMATION
18. LIMITATION OF LIABILITY
We limit our liability for the following:
1. We are not responsible if you exercise at our Gym against medical advice or without seeking medical advice. You should consult a medical professional before starting any exercise programme.
2. We are not liable to pay you compensation for any loss or damage suffered as a result of:-
(i) any loss or damage that is your fault, the fault of another Guest, or the fault someone who is not an employee of Lift;
(ii) an event which could not have been reasonably foreseen by us;
(iii) any loss of damage to your property on our premises; and
(iv) any of our equipment or services not being available to use where this is due to health and safety reasons or if this is for the benefit of our Members,
unless we have failed to carry out our duties under these Terms & Conditions to a reasonable standard or we have breached our legal duties.
3. Subject to paragraph 4 below, our total liability to you for any on event or series of related events arising under or in connection with these Terms & Conditions shall not exceed the sum of 150% of the total amount paid by you for your membership in the 12 months preceding the incident.
4. Nothing in these Terms & Conditions shall limit or exclude our liability where we are at fault for:
(i) death or personal injury caused by its negligence, or the negligence of its personnel or agents;
(ii) fraud or fraudulent misrepresentation; or
(iii) any other liability which cannot be limited or excluded by applicable law.
19. GENERAL TERMS
We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end your Membership within one month of us telling you about it and we will refund you in accordance with Section 7 (Cancelling Your Membership) above. For example, if we tell you that we are transferring your Membership to another organisation on 1 May, you have until 1 June to tell us that you are not happy with the transfer and that you wish to end your Membership. Otherwise, your Membership will be transferred automatically.
The legal agreement based on these Terms and Conditions is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections and paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide you with access to the Gym, we can still require you to make the payment at a later date.
These Terms and Conditions are governed by Scots law and you can bring legal proceedings in respect of your Membership in the Scottish courts.