1. Definitions:
1.1 The Gym: Black Diamond Gym (BDG).
1.2 The Gym Rules:
The rules and regulations of the Gym, as amended from time to time. To view our gym rules,
click here.1.3 Commitment Period:
Theminimum term you are committing to remain a member of the Gym from the Start Date of to the commitment period end date of (subject to extension if yourmembership is suspended).
2. Membership:
2.1 By signing to BDG Membership the member agrees to comply with these Terms and Conditions ofMembership and the Gym Rules.
2.2 You will only be permittedto use the Gym facilities during class times provided your membership iscurrent and fully paid up or you have made payment arrangements acceptable tothe Gym.
3. Duration:
3.1 When you join the Gym youare agreeing to remain a member for the Commitment Period. If you choose to pay your membership fees monthly, your Gym membership will continue automatically after the Commitment Period end date at the fee rate applicable to your membership type and category of membership at that date, but subject to termination in accordance with paragraph 5.2(b). If you choose to join the Gym by paying your Commitment period membership fee in advance, your Gym Membershipwill terminate automatically on expiry of the Commitment Period.
4. Fees:
4.1 The Gym will set the levelof fees and will review such fees periodically. The Gym reserves the right to change the level of fees from time to time, but guarantees that your fees willnot increase during your Commitment Period. For any changes to the monthly fee,we will give you at least 30 days written notice. The following fees prevail:
4.2 Membership fee; The levelof membership fees shall be determined according to the type and category ofmembership.
4.3 Joining fee; A joining feemay be payable.
4.4 Guest user fee; A fee will be set by the Gym from time to time in respect of guests of members who wish tovisit the Gym and use the facilities when joining a class.
4.5 Other Fees; All other fees and prices for the sale of goods at the Gym and any other services will be set by the Gym from time to time.
4.6 If your bank fails to makea due direct debit payment from your account, we will write to advise you of this. We may apply to your bank for payment by direct debit twice within one calendar month and we reserve the right to refer any missed due payments to a debt collection agency. We may charge a fee of no more than £15 for failed direct debit payments and of no more than £5 for letters sent to you in respectof unpaid amounts.
4.7 Should any membership fees not be paid within 30 days of the due date, the full membership fee for the remainder of the commitment period will automatically become due and payable infull.
4.8 Any unpaid and overdue membership fees referred to a debt collection agency will be subject to asurcharge of no more than £30 to cover the collection costs incurred. This surcharge, together with all other charges and legal fees incurred in the collection of the overdue membership fees, will be the responsibility of the member and will be legally recoverable from the member.
4.9 We may charge a reasonable fee of up to £30 for any of the following: replacing removing or adding Associate members, changing membership category and transferring memberships.
5. Termination:
5.1 Termination by the Gym: We may terminate this agreement in the following circumstances: (a) if you commit a serious or repeated breach of this agreement or the Gym’s rules of membership and the breach, if capable of remedy, is not remedied within 7 days of receiptof a default notice; (b) If any part of your membership fee remains unpaid 30 days after its due date for payment, or (c) If you provide us with details which you know to be false when applying for membership and the false declaration would have reasonably affected our decision to grant you membership. If we terminate for any of these reasons, we reserve the right toretain a proportion of the money paid under this agreement, to cover any reasonable costs incurred.
5.2 Termination by you: You may terminate this agreement in the following circumstances: (a) You can give notice to terminate at any point during the Commitment Period but this cannotend your membership before the end of the Commitment Period. (b) You may terminate your membership by giving the Gym at least 1 full calendar month's notice, so that your membership will terminate at the end of the following calendar month after notice was given. (c) Cancelling your direct debit instruction for the payment of fees is not sufficient. (d) You may terminate this agreement on 1 calendar month’s notice if you are unable to use the Gym through serious illness or injury likely to preclude you from using the Gym fora period of least 6 calendar months. (We will request reasonable evidence of your illness or injury – e.g. a doctor’s certificate). (e) You may also terminate this agreement if: a. We permanently reduce the facilities or opening hours of the Gym b. We change the location of the Club; or c. We close the Club for refurbishment for a period of more than 30 days at a time.
6. Gym Rules:
6.1 The Gym may amend the Gym Rules from time to time in order to ensure the health and safety of members.Temporary amendments will be displayed in the Gym. Permanent changes to the Gym Rules will only be made after at least 30 days notice to members, except in thecase of emergency.
6.2 The Gym reserves the right to adjust the availability of certain facilities or close the Gym on a temporary basis for the general purpose of cleaning, decorating, essential repairs, maintenance of equipment, special functions and holidays.
7. Restriction of Liability:
7.1 Subject to paragraphs 7.2 and 7.3, the Gym will not accept liability for any loss, damage to or theft of money, valuables or other personal property of members and guests. Property stored in lockers provided bythe Gym. Property is stored at the owner's risk and no liability for loss or damage there to will be accepted by the Gym.
7.2 Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.
7.3 The Gym accepts liability for damage, accident, death, personal injury or other loss sustained by members or guests on the Gym premises to the extent caused by its negligence or the negligence of its employees and agents (during the course of their employment and agency, as appropriate) unless that failure is attributable to: (a) Your own fault (b) A third party unconnected with our provision of services under this agreement or (c) Events which neither we nor our supplier could have foreseen or forestalled even if we had taken all reasonable care.
8. Health & Safety:
8.1 Members must read all Health and Safety notices displayed in the Gym and comply with their recommendations.
9. Sale of Gym:
9.1 In the event of the sale or disposal of the Gym to another company or to any other person we may transfer your membership to the new owner and you will continue as a member ofthe Gym and continue to pay your membership fees provided no changes to these terms or the Gym rules having a material adverse effect on your use of the Gym are made by the new owner. Any such disposal will not affect your contractualor statutory rights.
10. Notices:
10.1 Notices from you to the Gym must be in writing and addressed to the general manager at the Gym. The Gym reserves the right to require evidence of posting or delivery where it has no record of receipt or the date of any notice appears inconsistent with the dateof receipt. In these cases the notice will be deemed not given unless such evidence is produced. Any notice handed to the Gym must be receipted.
10.2 Notices from the Gym to you will be posted to you at your address in themembership records, therefore it is your responsibility to keep your record up to date (or, where these terms permit, displayed on notice boards at the Gym).
11. General Data Protection:
11.1 Upon accepting the terms & conditions of Black Diamond Gym, the Member consents to having their photograph taken at any time whilst using the facilities, excluding changing rooms. Black Diamond Gym reserve the right to use any such photographs for press and/or promotional purposes.
GYM PRIVACY NOTICE
By completing and signing this form you agree to the Terms and Conditions and accept that we may gather, process, store and/or use the personal data you disclose for the purpose of providing you with the services defined in this membership agreement. To view our full privacy policy,
cick here.
