We are Elements Fitness And Wellbeing Limited, our company is registered in the United Kingdom.
'We', 'Us' 'Our' means Elements Fitness And Wellbeing Limited.
'You', 'Your' means the person firm or corporation that places an Order with 'Us'.
You can contact us by writing to Us at ‘email@example.com’. If We have to contact You We will do so by telephone or by writing to You at the email address or postal address You provided to Us when You joined Us. When We use the words “writing” or “written” in these terms, this includes emails.
These are the terms and conditions (“the Terms”) on which We provide You with membership to Our centre (“the Gym”) specified in the order process. Once You have become a member, We shall provide You with access to the Gym and its exercise and treatment (including dry and wet areas).
Please read these Terms carefully before You submit an application to become a member. You will also be required to comply with any membership rules displayed on notices or notified to You at the Gym. The Terms and the Notices shall together form the Contract between You and Us regarding Your membership.
Our contract with You
Types of Membership. Before submitting an offer to become a member, You will be able to assess the different types of membership available to You, as follows:
Monthly Membership, Annual Membership, Contract Membership, Non Contract Membership and any promotional memberships made available by Us and shown on Our website.
Each type of membership entitles You to enjoy different lengths of term dependent on the type of membership that You select as set out on Our website.
How We will deal with Your order. By submitting the application form to become a member, You warrant that You are at least 16 years of age and are making an offer to Us to become a member for the Membership Term, based on the type of membership selected. Our acceptance of Your offer will take place when We email You to accept it, at which point the Contract will come into existence between You and Us in respect of Your membership.
Health Commitment Statement (“HCS”), Physical Activity Readiness Questionnaire (“PARQ”) and Your Health. When making an application to become a member, You shall be required to agree to a HCS, or complete a PARQ. You shall be required to inform Us of any health conditions which may impair Your ability to use the Facilities and/or mean that a special or alternative fitness programme may be recommended prior to using the Facilities. You warrant that all of the information which You provide shall be correct and complete and that the answers that You provide to Us as part of any process may result in either Our rejection of Your application for membership or Our referral of You to a General Practitioner prior to Us being able to accept Your offer to become a member. If We accept Your offer to become a member, and following Our acceptance of Your offer, You become aware of anything which You would have otherwise had to disclose to Us then You must notify this to us immediately.
If You do not give required information to Us, We may need certain information from You (including sensitive personal information such as that relating to Your physical health or emergency contact details) before We permit You to use the Facilities. If You do not give Us any information requested by Us, or if You give to Us incomplete or incorrect information, We may either end or suspend the Contract. We will not be liable in any way as a result of Your failure to provide Us with such information or where the information that You provide Us with is either incomplete or incorrect. You must inform Us immediately where any of the information that You have provided Us changes or subsequently becomes incorrect or incomplete.
If We cannot accept Your order - If We are unable to accept Your offer to become a member, We will inform You of this in writing and will not charge You. If We have already taken payment then We will reimburse You via the same payment method as You originally made the payment as soon as practicable. Our rejection might be because of a number of reasons including but not limited to unexpected limits on Our resources or by reason of Your health such that We consider it unsafe for You to become a member.
Your membership number/Barcode. Once a Contract is formed We will assign a membership number/PIN and/or Barcode to You. It will help Us if You can tell Us Your membership number and PIN whenever We contact each other.
Changing Your membership. If You wish to make a change to Your type of membership, then please contact Us and We will let You know if the change is possible. If it is possible We will let You know about any changes to the price of the membership, the timing of the change coming into effect or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change.
Term, Price and Payment
How long will the membership last for? The membership Contract shall begin in accordance with the clause above and membership chosen. If You do not notify Us of Your intention to terminate Your membership with Us, such notice to expire prior to the end of the Membership Term then this shall automatically renew for a further period equivalent to the initial Membership Term. When terminating the Contract if You have set up a direct debt through Our collection company Harlands and GoCardless, then it will be necessary for You to contact them also to ensure that Your direct debt does not continue as We shall not be liable for Your failure to do so nor shall We be responsible for contacting them on Your behalf.
The price of each type of membership (which includes VAT) will be the price indicated on the website when You made the offer to become a member. We take all reasonable care to ensure that the prices advertised to You are correct
Increasing in Our prices will not apply to current members only to prospective members wanting to sign up to the centre.
Payment is required to be made via direct debit (if a monthly membership is applied) We shall take the first payment (including any joining fee) 7- 14 days after the date of the Contract and thereafter on that same date (or the next business day thereafter) each month. You agree that You shall retain a direct debit instruction with Your bank for the relevant fee. Save for Your exercise of Your statutory rights, payments are non-refundable and You shall be required to pay the fees regardless of non-attendance. We shall continue to take direct debt payments for such period as this Contract continues to renew.
Late or non-payment - If You do not make any payment to Us by the due date for payment then We may charge interest to You on the overdue amount at the rate of 4% per year above the base lending rate of Barclays Bank plc from time to time. 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. We may also charge You an administration fee of £25 to compensate Us for the inconvenience of having to recover these unpaid charges.
We reserve the right to deny You access to the Gym or any of its Facilities in the event or any late or non-payment of any fees which You owe to Us in accordance with these Terms.
If any debt owing by You to Us remains outstanding for a period of 30 days then We reserve the right to pass the matter on to a third party debt collection agency. You agree and acknowledge that You shall indemnify Us, keep Us indemnified and hold Us harmless in relation to any costs that We incur as a result of having to engage a debt collection agency, including the cost of having to trade You should You fail to inform Us of Your details having changed.
Providing the Services
Opening Hours. Details of the Gym’s opening hours are available at the Gym or via Our website. We reserve the right where it becomes necessary for a valid reason to vary the opening hours and in which case We shall notify You by either writing to You to advise You of the change or by displaying notices at the Gym and on Our website.
Inductions are available On Your first visit to the Gym following becoming a member, You shall be required to report to reception for the purposes of booking an induction. If you feel you are experienced enough to visit the gym without an induction, then you are free to use the facilities at your own risk. If you are wanting an induction on becoming a member You will complete a comprehensive induction with a member of Our staff, who shall instruct You as to how to use the Facilities. We accept no liability to You whatsoever for any loss or damage which You suffer as a result of Your use of the Facilities where You have not carried out an induction or do so unsatisfactorily.
The Facilities may not always be available. We reserve the right to alter, change, supplement, reduce, restrict or cease to provide access to any or all the Facilities for a limited period of time or permanently for various reasons. Such reasons may include but not be limited to:
We are not responsible for Events Beyond Our Control. If Your use of the Facilities is delayed, interrupted or prevented by an Event Beyond Our Control then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay, interruption or prevention. Provided We do this We will not be liable for delays, interruptions or preventions caused by the Event Beyond Our Control, but if there is a risk of substantial delay or interruption lasting for more than 2 calendar months or permanent prevention then You may contact Us to end the Contract and receive a refund for any part of the Membership Term that You have paid for but not received the benefit of the Facilities for.
Your use of the Facilities - In order to access the Facilities You must use Your unique security PIN on each visit. Your PIN is solely for Your use and may not be passed on to anyone else. We monitor the use of Your PIN and if We reasonably suspect that You have passed this on to someone else for use then We reserve the right to terminate this Contract without liability to You.
You must use the Facilities in the proper manner as directed during Your induction or by Notices given from time to time and if You are unsure as to how to use any of the Facilities, You must consult a member of Our staff for assistance.
Please be aware that We operate CCTV 24/7 at the Gym for the safety and security of Our members and that by becoming a member, You expressly agree to Your image being recorded on such CCTV in the course of attending at the Gym. Please be aware that CCTV is not always in use and in any event any images will only ever be kept up to a maximum of 30 days.
For safety reasons, whilst using the Facilities You must at all times ensure that You wear appropriate, comfortable sportswear attire and trainers. For the avoidance of doubt, You shall not be permitted to wear inappropriate, defamatory, offensive clothing or jeans, workwear, shoes, boots or any other attire which Our staff deem inappropriate or unsafe whilst using the Facilities.
As a courtesy to other members of the gym, You should carry a hand towel with You at all times and where appropriate, wipe down and clean the Facilities following each use.
Smoking at the Gym is strictly prohibited.
You are not permitted to offer advice to other users of the Facilities as to how to use them or to carry out personal training with any of them.
Additional services available at the Gym including personal training sessions and any therapies or treatments do not form part of this Contract and these Terms do not apply to them.
The personal trainers available at the Facilities are self-employed and not Our employees and any personal training sessions provided by such personal trainers shall be under a contract between You and them. For the avoidance of doubt, We shall not be liable for the acts or omissions of such personal trainers (whether negligent or otherwise) and any loss or damage which You suffer as a result.
Changing Facilities & Possessions
Changing facilities shall be available for Your use during the opening hours at the Gym.
You agree that You are responsible for any possessions which You bring to the Gym with You and that You do so at Your own risk. We accept no liability whatsoever for the injury, loss or theft to or of Your possessions whilst at the Gym.
You must bring a padlock with You for use in conjunction with the lockers provided. You are requested to only use the lockers provided during the periods for which You at the Gym and outside of opening hours at the end of each day all lockers shall be emptied of their contents with any remaining padlocks destroyed.
We shall store any possessions left at the centre for a period of one week, following which You agree and acknowledge that We may, at Our absolute discretion dispose of these items as We so choose without liability to You in any way.
Freezing Your Membership
If You would like to take a break from Your membership at any point and for any reason, then You may request to freeze the Contract for between 1 and 3 months. We reserve the right at Our absolute discretion to refuse or accept a freeze and to specify the maximum period for which We will permit You to do so.
The freeze period shall automatically end following the expiration of the agreed period and thereafter the Contract shall recommence with the Membership Term extended by the period for which the membership was frozen.
If You use the Facilities at any point during a freeze period, then the freeze period shall be deemed to have come to an end and the Contract automatically recommenced.
In the event of a fire
Unless otherwise notified to do so, in the event of a fire You must use Your best endeavours to follow the following procedures:
Your rights to end the Contract
Ending the Contract because of something We have done or are going to do. If You are ending the Contract for a reason set out at (a) to (d) below, the Contract will end immediately and We will refund You in full for any period for which You have paid and for which You have not enjoyed the Facilities:
You otherwise have a legal right to end the Contract because of something We have done wrong.
Exercising Your right to change Your mind, You have a legal right to change Your mind within 14 days and receive a refund (Special Promotional Offers are exempt). You have 14 days after the day We email You to confirm We accept Your offer to become a member. You must pay Us for the proportion of the period for which You have been entitled to enjoy the Facilities up until the time You tell Us that You have changed Your mind.
Ending the Contract where We are not at fault and there is no right to change Your mind. If You do not have any other rights to end the Contract, You can still contact Us and tell Us that You want to end it by giving no less than 30 days’ written notice. If You do this then the Contract will end immediately at the end of the Minimum Term or if You would like to terminate the Contract on medical grounds (including pregnancy), supported by a doctor’s note; or because Your permanent address has relocated to a location no less than 15 miles away from the Gym, and You provide Us with a copy of a utility bill or bank statement showing the new address; or because You have been made redundant or otherwise lost Your livelihood, and You provide Us with sufficient evidence,
then You must provide Us with no less than 30 days’ written notice. If You do this then the Contract will end immediately at the end of that period of notice.
When any refunds will be made. We will make any refunds due to You as soon as possible. If You are exercising Your right to change Your mind then Your refund will be made within 14 days of Your telling Us that You have changed Your mind.
We may suspend or end the Contract if You break it. We may temporarily suspend or end the Contract by writing to You if You do not make any payment to Us when it is due and You still do not make payment within 14 days of Us reminding You that payment is due; You do not, within a reasonable time of Us asking for it, provide Us with any information that is necessary for Us to provide the Services safely or where We find that the information which You have provided Us with is either incomplete or inaccurate; or You either break or We have reasonable suspicion that You are about to break any part of this Contract.
Our/Your responsibility for loss or damage suffered by You/Us shall, save to the extent set out in these terms, under no circumstances whatsoever be liable to You whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any loss, damage, costs, expenses or other claims (whether caused by Us, Our servants or agents or otherwise) arising from or in connection with this contract in any way, including through the provision of any of the Services or Your use of the Facilities shall furthermore not be liable to You by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Us, Our servants or agents or otherwise) which arises out of or in connection with the provision of the Services or Your use of the Facilities; and hereby limits Our liability to You in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, to the amount that You have paid to Us in consideration for the use of the Facilities in the calendar year to which the liability relates.
You shall indemnify Us, keep Us indemnified and hold Us harmless in respect of any liability, be it any loss, damage, costs, expenses or other claims suffered by Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising from or in connection with any of Your acts or omissions under this contract including but not limited to any breach by You of any of the terms set out herein.
Nothing in this contract shall exclude or limit Our or Your liability for death or personal injury caused by a party’s negligence, fraud or fraudulent misrepresentation or breach of any other statutory duty for which it is not possible to exclude or limit liability.
How We may use Your personal information - How We will use Your personal information. We will use the personal information You provide to Us:
to perform this Contract; if You agreed to this during the order process, to inform You about similar products or services that either We or Our partner businesses provide, but You may stop receiving these at any time by contacting Us.
We will only give Your personal information to other third parties where the law either requires or allows Us to do so.
Other Important terms - We may transfer this Contract to someone else. We may transfer Our rights and obligations under this Contract to another organisation.
You need Our consent to transfer Your rights to someone else. You may only transfer Your rights or Your obligations under this Contract to another person if We agree to this in writing.
Nobody else has any rights under this Contract. This Contract is between You and Us. No other person shall have any rights to enforce any of its terms. Neither of Us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect without prejudice to the continuance in force of the Contract.
Even if We delay in enforcing this Contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these Terms, 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 Facilities, We can still require You to make the payment at a later date.
These terms set out the entire agreement. These Terms and any documents or Notices set out herein set out the entire agreement between the parties relating to the Contract to the exclusion of all other warranties, representations and pre-contractual statements (whether written or orally made).
Which laws apply to this Contract and where You may bring legal proceedings. This Contract is governed by English law and You can bring legal proceedings in respect of Your membership in the English courts, which shall have exclusive jurisdiction over all matters arising out of or in connection with this Contract.