Xtreme Gyms Terms and Conditions

BACKGROUND:

These Terms and Conditions shall apply to the use of the facilities and services provided by Xtreme Gyms Limited a company registered in England under number 9629894 whose registered office is at Church Farmhouse, Throckmorton, Worcestershire WR10 2JX by members and other users thereof.

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Gym” means Xtreme Gyms Limited and each individual Xtreme Gym and reference to the Gym shall include reference to any and all facilities and services provided thereby and all staff thereof;
“Members” means members of the Gym;
“Membership” means a membership of the Gym;
“Membership Fees” means the fee(s) due for Membership; and
“Membership Plan” means a grade of Membership as determined by the Gym.

Unless the context otherwise requires, each reference in these Terms and Conditions to:

“these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;

a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions; and

The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

Words imparting the singular shall include the plural and vice versa.

References to any gender shall include the other gender.

Membership

In order to use the Gym an active Membership is required unless visiting as a guest in which case the guest must purchase a day pass and have been shown the equipment and facilities by an instructor.

Membership shall be in accordance with a Membership Plan.  A Member’s use of the Gym must always be in accordance with their Membership Plan.

Details of available Membership Plans may be obtained from the website or at reception.

Membership Plans may be upgraded at any time and Membership Fees due shall be increased accordingly.

Membership may be cancelled in accordance with the terms of the agreement with Asbourne Management who manage collection on Membership Fees on behalf of Xtreme.

Membership may be suspended in the event of long-term illness, injury or pregnancy.  Members wishing to suspend their Membership should inform the Gym of the same no later than 6 weeks prior to start of the month in which they wish the suspension to take effect (for the purposes of this sub-Clause 2.6, “month” refers to a membership billing period and not necessarily a calendar month).

The Gym may require a medical certificate, doctor’s note or similar proof of illness or other incapacity for suspension under sub-Clause 2.6.

Periods of suspension under sub-Clause 2.6 shall not form part of the term of the Membership. For example, a Member with 8 months left of their Membership taking a 2 month suspension will still have 8 months remaining following the end of the suspension.

Membership cannot be transferred to another person. 

Members will be provided with membership cards at the start of their Membership.  No entry to the Gym or the use of its facilities will be permitted without a valid membership card.  In the event that a membership card is lost, a charge of £5 shall be payable for a replacement.

Membership Fees and Payment

Membership Fees are payable on a monthly basis by signing up on line or at the Gym. Ashbourne Management manage the collection of Membership Fees on behalf of the Gym and will collect the first months via card (or if you sign up at reception in the Gym via cash or credit card). Subsequent months are collected via direct debit.

If Membership Fees are paid by Direct Debit and a Member wishes to change their bank or the account used to pay, the Member must inform the Ashbourne Management of the new bank details and the date on which they wish the change to take effect.

The number of Membership Fee payments required shall be determined by the Membership Plan.

Subject to suspension of Membership under sub-Clauses 2.6, Membership Fees shall be payable throughout the Membership irrespective of the Member’s use of the Gym.

Failure to make timely payment of Membership Fees may result in a late payment charge and recovery fees from Ashbourne Management. Please refer to the terms and conditions with Ashbourne Management upon starting Membership.

Members will be denied access to the Gym and classes whilst any Membership Fees or other sums due remain outstanding.

Gym Rules

All Members shall abide by the Gym Rules at all times when using the Gym. Failure to do so may result in the suspension or termination of Membership.

Opening times for the Gym will be prominently displayed at the Gym and on the website.

Members are responsible for their own state of health, physical condition and wellbeing at all times. You must complete a Pre-Activity Questionnaire before using any fitness facilities. You should seek instruction before using unfamiliar equipment.

Members may only use the equipment and facilities provided by the Gym in the correct manner and must not use the same in any manner which constitutes a health and safety risk either to themselves or to others.

Members should not attempt to use any equipment or facilities until they have been instructed in the correct use of the same by a suitably qualified instructor. In particularly, no Member is to enter or use the military area uninstructed unless an Xtreme Instructor has given then specific instruction on how to use the equipment and the Member has been signed off as having been instructed on this equipment. Xtreme shall not be liable for any Member using the military area without an Xtreme Instructor present.

If a Member has any medical condition or is taking any medication which may affect their ability to exercise or use any equipment or facilities provided by the Gym in any way, they must inform the Gym of the same and act in accordance with any instructions provided as a result.

Members are required to carry a towel with them when using the Gym and should wipe down equipment after use.

Members should not use the Gym when under the influence of alcohol or illegal drugs.

Members should not use the Gym immediately following a heavy meal.

Members should dress appropriately when using the Gym.  Outdoor clothing and/or dirty clothing should not be worn and should be stored in the lockers provided.

No animals are allowed in the Gym with the exception of guide dogs.  If a Member requires the use of a guide dog, the Member should inform the Gym of the same when applying for Membership.

No smoking is permitted inside the Gym or anywhere else on the Gym’s property (including outside areas).

Equipment and Facilities

All equipment is inspected and tested daily.  Maintenance is carried out on a weekly basis or as required.

If a Member becomes aware of any damaged or defective equipment they should immediately cease using such equipment and inform a member of staff.

Equipment may be withdrawn at any time and for any reason including, but not limited to, maintenance, repair and alteration.

Equipment and facilities are available on a first-come-first-served basis subject to any agreement to the contrary with the Gym (the Gym may give priority to disabled users, for example, or an area may be in use for a class).

Car Parking Facilities

Car parking facilities are provided for Members only and may only be used by Members when they are using the Gym.

The Gym accepts no liability for any loss or damage which may result from a Member’s use of the car parking facilities.  All such use is at Members’ own risk.

Membership does not guarantee the availability of a parking space.  Parking spaces are available on a first-come-first-served basis.

Disabled parking spaces are provided and may be used only by Members with a valid disabled parking badge.  Cars parked in disable parking spaces without a valid disabled parking badge on display may be removed.  Owners shall bear all costs associated with the removal and subsequent recovery of their car in such cases.

Classes

All classes, workshops and similar events provided by the Gym can be booked in advance to ensure there are space.  No priority is given and places are allocated on a first-come-first-served basis. If the class is full, you will not be able to attend if you have not booked.

If a class requires the payment of an additional fee over and above the Membership Fee, this must be paid at the time of booking.

If a class requires specific clothing, footwear, or other items which Members must provide, details of the class will specify such requirements.  Members who fail to comply with such requirements may not be permitted to participate in the class.

Members attending a class must arrive at least 5 minuted before the scheduled time of the class.  Members arriving later than this time risk losing their place in the class.

If a class involves a warm-up session, Members arriving after the warm-up session has begun will not be permitted to participate in the class for health and safety reasons.

Tanning Facilities

Sunbeds and/or tanning booths are available on a first-come-first-served basis with payment at the time of use.

Members should consult usage instructions and health and safety guidelines prior to the use of a sunbed or tanning booth.  Instructions and health and safety guidelines are available from the reception desk.

Appropriate eye protection must be worn at all times when using sunbeds or tanning booths.  Eye protection is available from reception desk.  Under no circumstances should personal sunglasses be worn as they do not provide a suitable level of protection.

Limitation of Liability

To the fullest extent permissible by law, the Gym’s liability for any loss or damage suffered by Members shall be limited to that which arises out of the negligence of the Gym’s employees, sub-contractors or agents.

General

The Member’s rights as a consumer under consumer protection legislation from time to time in force shall not be affected by these Terms and Conditions.

The Gym may, from time to time, change these Terms and Conditions without notice, however it will use its reasonable endeavours to inform Members as soon as is reasonably possible of any such changes.

Data Protection

The Gym will not share Members’ personal data with any third parties for any reasons without the prior consent of the Member concerned.  Such data will only be collected, processed and held in accordance with the Gym’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.

No Waiver

No failure by the Gym to enforce any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions.  Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

Law and Jurisdiction

These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

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