[ELEVATED FITNESS | hello@elevatedfitness.uk | 0203 971 3051] known as “us”
PRINCIPLE TERMS
1. This agreement is an agreement between
you and us
2. This agreement commences once you have
indicated your acceptance in the in-club or on-line sign up process. If you did
not sign up on the club’s premises you have 14 full days after signup to cancel
this agreement for any reason. To exercise this right you must inform us of
this by post, email or telephone using the details above. If you exercise this
right to cancel we will reimburse you all joining and membership fee payments
received from you using the same means of payment you used for the initial transaction.
If you have used the service before requesting to cancel then we will reduce
your membership fee refund by a pro rata amount equal to the number of days
from signup to the date cancellation was requested.
3. Your membership starts immediately
unless you choose at the time of sign-up, a start date in the future (not
available on all membership options).
4. You will be entitled to all the rights
and privileges exercisable for the Type of Membership chosen, subject to your
timely payment of the fees and charges set out below and the successful
processing of your direct debit instruction.
5. [ELEVATED FITNESS] provides direct
debit payment services to you and administers our agreement with you, in
consideration for which you agree to pay all the fees and charges associated
with your Membership and set out below to [ELEVATED FITNESS].
FEES AND CHARGES
6. The Joining Fee / Initial Payment is
due and payable immediately on execution of the agreement and is not refundable
other than in the event of breach or negligence by us or on the valid exercise
of your statutory cancellation rights, as set out in the Principle Terms above.
6. Your obligations to us include
payment of the monthly Direct Debit payment amount. You are obligated to make
the minimum number of Direct Debit Payments as indicated by the contract length
you are presented and accept with during the sign-up process. For example, a
“12-month contract” will require 12 x monthly Direct Debit payments. You are
obligated to make every Direct Debit Payment regardless of non-attendance,
except where the Agreement is cancelled in accordance with the cancellation
terms below or under your statutory cancellation rights, as set out in the
Principle Terms above.
7. If you fail to pay any monies due
under this agreement or if any Direct Debit is returned unpaid, we
reserve the right to use any of your payment card details held on our secure
system, to attempt to collect the monthly membership fee that should have been
collected by Direct Debit, unless we have agreed with you in-writing a prior
cancellation of this agreement.
8. You agree to advise us promptly of
any change to the Members Details you provided.
9. If you fail to pay any amount due
under this agreement for a period of more than thirty days, then we may pass
the debt to a third-party company for collection and recovery services. In
addition to any costs and charges accruing under the terms of this agreement,
the reasonable and direct costs incurred in employing the third party company
will be borne by you, including costs in tracing you if you have changed your
address without telling us.
AUTOMATIC RENEWAL AND STANDARD
CANCELLATION OF THIS AGREEMENT
10. Once you have completed the Minimum
No. of Direct Debit Payments we will automatically continue collecting the
Direct Debit Payment Amount every month. Your membership will be extended by
one month for each payment (“Renewal Period”). This renewal Direct Debit
payment amount may only be amended if we advise you in writing giving not less
than 30 days notice. Please note if your membership included the benefit of a
free period then we will stop making collections during that free period and
recommence making collections on the renewal date.
11. You may prevent the Automatic
Renewal at any time by giving notice to us by [Email hello@elevatedfitness.uk]. We require 1 CALENDAR MONTH notice of cancellation (you should give us not less
than 1 CALENDAR MONTH notice). If you advise us with less than 1 CALENDAR MONTH notice,
one more further monthly payment will be taken by us before your cancellation
becomes effective.
12. Once you have completed the Minimum
Number of Direct Debit payments you can cancel your Automatic Renewal payments
by contacting us by [Email hello@elevatedfitness.uk]. We require 1 CALENDAR MONTH notice of cancellation (you should give us not less
than 1 CALENDAR MONTH notice). If you
advise us with less than require 1 CALENDAR MONTH notice, one more further
monthly payment will be taken by us before your cancellation becomes effective.
EARLY CANCELLATION OF THIS AGREEMENT
13. Relocation: This agreement can be
cancelled in the event that your new permanent address is more than 15 miles
away from the facility upon receipt of a copy utility bill or bank statement
showing the new address.
14. Long term (over 3 month) illness or
injury: This agreement may be cancelled in the event of an illness, injury or
medical condition which in the written opinion of a doctor or other suitably
qualified medical practitioner prohibits exercise for 3 months or longer upon
appropriate proof being provided.
15. Redundancy: This agreement can be
cancelled upon appropriate proof of redundancy from your employer or other loss
of livelihood.
16. Pregnancy: This agreement can be
cancelled if you become pregnant upon the appropriate written proof being
given. Please note – ANY Cancellation for the above reasons will not be
effected until the appropriate proof is provided and received by us.
17. Breach: This agreement can be
cancelled if we are in breach of contract including if we do not provide
facilities or services you may reasonably expect and we have fallen well below
that standard.
FREEZING
18. Temporary Illness or Injury: This
agreement may be frozen in the event of a temporary illness, injury or medical
condition which in the written opinion of a doctor or other suitably qualified
medical practitioner prohibits exercise for a period of time. Please note – ANY
Freeze will not be effected until the appropriate proof is provided and
received by us. Please note – A freeze period does not affect the Minimum No.
of Direct Debit Payments you are due to make and any payments remaining at the
time of the freeze will remain due and recommence on a monthly basis once the
freeze period has completed. To Freeze your membership will cost £7 per month.
GENERAL TERMS
19. You agree to comply with the Rules
of Membership which are displayed prominently in the Club and relate to opening
hours, use of facilities and your conduct. We may make reasonable changes to
these Rules at any time provided we give you reasonable advance notice of the
change.
20. If we take no action or let you off
any breach of this agreement or give you extra time to pay or comply, it will
not stop us enforcing the terms of this agreement strictly at a future date.
21. We may assign the benefit of this
agreement and our rights thereunder to a third party on notice to you. Your
rights under this agreement will not be prejudiced. You may transfer your
membership to another person provided that such person pay a Joining Fee signs
an agreement with us and accepts the balance of any remaining Minimum No. of
Direct Debit Payments.
22. We will do our best to resolve any
disputes over this agreement. If you wish to take court proceedings against us
you must do so within the United Kingdom. Relevant UK law will apply.
23. If any part of this agreement is
disallowed or found to be ineffective by any court or regulator, the other
provisions shall continue to apply
24. We may terminate this agreement
with immediate effect on notice to you if you are in breach of the Clubs Rules
(i.e. Stealing or other criminal activities within the facility). In this event
you will not be liable to pay any further Direct Debit Payments, provided such
breach is not deemed by us to have occurred primarily in order to qualify you
for a refund.
LIABILITY
25. Elevated
Fitness is not liable for any damage or loss to your property or that of guests
that occurs on the premises or grounds of the club, except in instances of
negligence or failure to exercise reasonable care.
26. We
also do not accept liability for any injury or death involving members,
children, or guests on the premises, unless it results from negligence or failure
to take reasonable care.
27. Lockers
- While lockers are available for member use, Elevated Fitness cannot ensure
protection against theft or damage. Members are responsible for their own
belongings and should verify their insurance coverage. For safety, we request
that bags not be brought onto the gym floor. Please utilise the lockers only
during your workout, as they will be cleared at night, and items will be moved
to lost property. Padlocks may be cut to access lockers and will not be
replaced, so it's important to remember to take your belongings with you.
28. Lost
Items - Elevated Fitness does not accept responsibility for lost or misplaced
items. We will make an effort to return lost property; however, we cannot
guarantee the safety of any items stored in lost property. To prevent items
from being donated to charity or discarded, please claim them within a week.
29. Locker
Access - Management at Elevated Fitness reserves the right to forcibly open a
locker if there is reason to believe it is being used for purposes other than
clothing or personal items.
30. Nothing
in these terms and conditions is intended to restrict any rights you may have
as a consumer.
ZERO TOLERANCE POLICY
31. At Elevated Fitness, we are committed to providing a safe, respectful, and inclusive environment for all members, guests, and staff. To uphold our community standards and values, Elevated Fitness enforces a Zero Tolerance Policy toward any conduct that compromises the safety, comfort, or well-being of others.
32. The following behaviors are strictly prohibited and may result in immediate suspension or termination of membership without refund:
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Harassment or Bullying: Any verbal, physical, or emotional abuse, intimidation, or unwanted behavior directed at members, guests, or staff.
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Discrimination: Any form of discrimination or derogatory comments related to race, ethnicity, gender, sexual orientation, religion, disability, or any other protected characteristic.
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Aggressive or Threatening Behavior: Any form of physical aggression, intimidation, or conduct that creates a hostile or unsafe environment.
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Substance Use: Possession, use, or distribution of alcohol, illegal drugs, or banned substances within the facility or during gym-sponsored events.
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Damage to Property: Intentional or negligent misuse, vandalism, or destruction of gym equipment, facilities, or property.
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Non-Compliance with Policies: Refusal or failure to follow staff instructions, safety rules, or established gym policies and procedures.
33. Elevated Fitness reserves the right to immediately remove any individual who violates this policy. Where appropriate, incidents may be reported to law enforcement.
34. By accessing or using the facilities, all members and guests acknowledge and agree to abide by this Zero Tolerance Policy and to contribute to maintaining a positive, respectful, and safe training environment for everyone.