Your Monthly Membership Arrangement
TERMS OF THE SERVICE AGREEMENT
This Training Programme Service Agreement (the “Agreement”) is between STS Fitness Ltd (the umbrella Company for Cheltenham Running Club), 15 Oakfield Rd, Bishop’s Cleeve, Cheltenham GL52 8LA and you, the Buyer (individually, as the agent(s) or guardian(s) of the Client(s), or you the Client if you are of 18 years of age). It is agreed by and between STS Fitness Ltd and Buyer that the Buyer is purchasing, for the benefit of the Client, Training Services, from STS Fitness Ltd according to the terms of this agreement below:
APPLICATION OF CONDITIONS AND OUR OBLIGATIONS
STS Fitness Ltd reserves the right to change minor points on the Agreement . This will not change your statutory rights. We shall use reasonable endeavours to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control. Time shall not be of the essence for our performance of the Services under the Agreement.
COMMENCEMENT, INITIAL TERM AND CONTINUOUS MEMBERSHIP
The Agreement shall commence your membership on the date of our acceptance of your Application Form and shall continue in force for the Initial Term. The Agreement will run for an Initial Term, which will be agreed at your induction, it will then revert to a month-by-month basis and be subject to a review. You may elect to pay by monthly and you will be sent an email by us to arrange electronic payment. A membership may be suspended by written notice at least ten days before the next payment date. Suspensions must be for a minimum of three weeks and for a maximum of six months. The suspension must have an end date agreed at it’s scheduling. You will be charged a holding fee of £ 10 per month to retain your place in the programme during your suspension to account for the fact some services will still be made accessible.
Without prejudice to any other right or remedy that we may have, if you fail to pay us the Membership Fees on any due date, we may suspend all Services until payment has been made in full. If your payment is more than fourteen (14) days late, you will be charged a late payment fee of £10.00. We may, without prejudice to any other rights that we may have, set off any liability that we have to you against any liability that you have to us. There will be no refunds for services purchased, except with the express agreement of STS Fitness Ltd.
SESSION SCHEDULING AND CANCELLATIONS
Your membership may guarantee you a set number of sessions per month. All Coaching sessions are scheduled with the express purpose of setting up and supporting your Programme. Initial sessions will be offered in setting up your programme and we will schedule a period for each session which corresponds to teaching the required content.
All appointment cancellations must be made by the client twenty four hours prior to the scheduled appointment time so as not be considered a “no show”. In the event of the client failing to give the required notice (“no show”) for their scheduled session, STS Fitness Ltd reserves the right to charge for that session.
Arriving for appointments on time is required; client’s arriving more than fifteen minutes late for their scheduled session will be deemed a “no show” as above and may not be permitted to complete the session.
Your package may provide you with access to a GymCalc account. Any access to a GymCalc account will be revoked once your membership is terminated or suspended. The client may change their membership package by signing a new service agreement.
LIMITATION OF LIABILITY
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from negligence, for any damage or liability you incur as a result of fraud or fraudulent misrepresentation, to pay reasonable compensation should you suffer loss or damage caused by our negligence. Subject to the other provisions of this clause, we shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. Subject to the other provisions of this clause, our total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Agreement, shall be limited to the charges that you have paid to us in the 12 month period preceding the date of the act or omission query giving rise to the claim. The above limitations do not exclude the right of the member to recover any appropriate loss under the law having regard to the Unfair Contract Terms Act 1977 and/or the Unfair Contract Terms in Consumer Contracts Regulations 1999 or other relevant consumer legislation or at common law. We shall have no liability to you under the Agreement if we are prevented from, or delayed in performing, our obligations under the Agreement or from carrying out our business by acts, events, omissions or accidents beyond our reasonable control.
Without prejudice to any other rights or remedies which the parties may have, we may terminate the Agreement immediately on giving notice to you: if you fail to pay any amount due under the Agreement on the due date for payment and such sum remains in default not less than 28 days after you being notified in writing to make such payment, if you commit a material breach of the Agreement or for any other reason that we consider in our absolute discretion warrants termination of the Agreement which may be immediate in which case any payment made for the month shall be refunded but not otherwise. The Agreement may not be cancelled until after the Initial Term has been completed. You may then cancel your Agreement on one month’s notice at any time after the Initial Term, but your notice shall only take effect on the first day of the month following our receipt of your request to cancel during which time you shall be able to continue to use the Services. Notice will have been deemed to be given from the date your request to cancel has been received, if accepted. Acceptance is deemed once you have received confirmation of cancellation of your membership from us. Cancelling your payment authority does not constitute cancellation of your Agreement. To cancel your membership, you must email firstname.lastname@example.org and receive a reply from us. You shall also immediately pay to us all outstanding Membership Fees due up to your leave date, including any notice period payable. We are entitled to retain any Membership Fees where you have not followed the correct cancellation process.
The Buyer and Client affirm that they are in good physical condition and do not suffer from any medical or physical condition that would prevent or limit participation in the physical activities that are subject of this agreement. It is the responsibility of the Buyer and Client to seek competent medical advice before commencing the physical activities that are the subject of this agreement; we strongly advise such advice is sought. The Buyer and Client agree that they are capable of participating in the physical activities in this agreement.
The Agreement shall be governed by, and construed in accordance with, the laws of England and Wales, and any dispute arising out of or in connection with the Agreement shall be subject to the exclusive jurisdiction of the English courts.