Terms and conditions
INTRODUCTION
Your contract is with Driffield Health Hub LTD, and these terms and conditions form part of that contract and apply to all members and guests, as appropriate.
You and your guests agree to adhere to the rules and regulations which apply whilst you are using the Driffield Health Hub. We may make reasonable changes to the club rules and regulations at any time, and we will give notice of any changes.
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You will only be permitted to use the gym and its facilities if your membership is current and fully paid up to date, or you have made payment arrangements acceptable to the gym.
By signing our membership contract forms you agree to comply with these terms and conditions and the gym rules.
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STARTING YOUR AGREEMENT
Your agreement starts from the start date set out on your membership contract. If you have chosen to join the gym on a short term or annual membership, your membership will start on the start date and end on the end date set out in your membership contract. You cannot use the Health Hub until your contract has been signed and the payments set out in this section have been paid.
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If you have chosen to join the gym on a direct debit membership, you will need to make the payments set out in the contract. The amount you pay will depend on your membership and payment option. You cannot use the Health Hub until your contract has been signed, your pro-rata payment has been paid, and your direct debit has been set up.
During your agreement, you must pay your membership fees whether you use our facilities and services, or not.
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FREEZING YOUR ACCOUNT
You may freeze (suspend) your agreement for between one month and three months in any twelve-month period. for the following reasons only; pregnancy, serious illness, serious injury or redundancy.
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If you want to freeze your agreement, you must tell us in email or in person. We require a minimum of 10 working days to review your request and may ask you to provide proof of your reasoning. If we agree to freeze your membership, we will do so from your next payment. We cannot freeze it from an earlier date and will not refund any monthly or annual fees paid before the agreement was frozen.
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When you freeze your membership, you will need to tell us when you plan to return to the Health Hub, although your membership can start again before this date if you wish for it to do so, we will need to be informed by email or in person of this. We will automatically start your agreement again and start taking any direct debit payments on the date you tell us when you want to start your membership again, or after the end of the above period.
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There is a charge of £10.00 per month to freeze your membership at the Health Hub, this is to secure your membership for the future and ensure you will not be refused a membership renewal should the Health Hub membership be full.
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Any freeze during the commitment period will extend the length of the commitment period by the length of the period your membership is put on hold. Notice to terminate your membership cannot run concurrently with a suspension period.
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CANCELLATION BY YOU
If you have joined the Health Hub on a short term or annual membership, these memberships are not eligible for cancellation or a refund. At the end of your commitment period, either a one month, two month or three months for a short term, or twelve months for an annual membership you can choose to either be a member again on the same membership, choose a different payment option or let your membership expire.
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If you have joined the Health Hub on a direct debit membership and you wish to cancel your membership you must send notification of this by email to the Health Hub. The notice period to cancel a membership is one full calendar month and you MUST tell us before the 18th of the month if you wish to cancel for the following calendar month. You can give notice to terminate your direct debit membership at any point during the commitment period, but this cannot end your membership before the end of the commitment period. All direct debit memberships have a minimum commitment period, this may change depending on the membership. You will not be able to cancel your direct debit within your commitment period until the commitment period has finished.
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You are responsible for making sure that the Driffield Health Hub LTD, has received your email notice. If you send your notice and we do not receive it on time (or at all), we will ask you to provide proof that you sent it in enough time for us to receive your cancellation notice by the first day of the month. If you cannot provide this proof, you will have to send the email again to ensure your membership is cancelled.
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You are also responsible for checking that the direct debit payment has been cancelled, that your bank has been informed and that no further payments are taken from your account. In the case of any further payments being taken from your account, we only accept liability up to a maximum of three months when agreeing to make a refund back to you.
If you cancel your membership by email, when we receive your notice, we will send you an acknowledgement email to confirm the date your agreement will end. If you do not receive this acknowledgement, you must assume that we have not received your cancellation.
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CANCELLATION BY US
We may end your agreement by giving you one full calendar months’ notice by email.
We may suspend your membership or cancel your agreement without giving notice where we have reasonable grounds to do so.
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If we end your agreement, we will not allow you to join the Health Hub in the future. We will also not refund any payments made to the club.
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CHANGING YOUR MEMBERSHIP, PAYMENT OPTIONS OR PAYMENT DETAILS
If you want to change your membership, payment option or payment details and you are on a direct debit membership you must request by email 30 days before you wish for this change to be made. If we agree to the change, it will come into force from the first day of the following month. If you want to change your payment details and you do not notify us 30 days before the payment is due, you will need to pay the following months membership direct to the Health Hub by cash, card or cheque to give us time to set up the new payment details.
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When you tell us about a change to your bank details, we will ask you to sign a new direct debit form.
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If you have asked to upgrade your membership, you will need to pay (as a separate payment), the difference in the monthly membership fee until the change comes into force. We work this amount out by finding the difference between your current monthly membership fee and the upgraded monthly membership fee. We then divide the difference by the total number of days in the full calendar month and then multiply the figure by the number of days left in the calendar month.
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If you want to upgrade your membership and you are on a short term or annual membership you must notify us in writing. You will then need to pay (as a separate payment), the difference in the cost between your current membership and the upgraded membership for the remainder of your membership commitment. A short term or annual membership are unable to be downgraded.
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We will send emails and information to the address and other contact details you gave on your membership contract, unless you tell us about a change of address or other contact details. You must keep us up to date with any changes to your address or other contact details.
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IF YOUR DIRECT DEBIT PAYMENT FAILS
This section is about what will happen if you do not pay your monthly membership fee because:
– the account details you gave for us to use are incorrect
– there are insufficient funds in the account you gave us
– you have cancelled your direct debit without giving us the notice we require
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While you owe us payments you will not be allowed to enter the Health Hub. If the account details you gave us are incorrect, we will ask you to make the payment by cash, card or cheque and for you to provide us with your correct bank details. You will not be allowed access to the Health Hub until payments owed to us are made.
If there are insufficient funds in your account, we will ask you to make the payment by cash, card or cheque. You will not be allowed access to the Health Hub until the account is brought fully up to date.
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If you have cancelled your direct debit without giving us notice and you are within your six-month commitment period, we will remind you of this, if you are outside of your six-month commitment period, we will remind you of your obligation to provide us with one months’ notice to cancel your membership.
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We will attempt to email three times within one calendar month and there will be a change of £5.00 add with each email we send. We may charge a fee of no more than £15.00 for failed direct debit payments. Should any membership fees not be paid within the three attempts we will then terminate your membership and you will be in debt to Driffield Health Hub.
The debt you will owe is the full calendar month including the £15.00 for the three attempts we make to receive a payment from you.
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OUR OBLIGATIONS
We will use all reasonable efforts to provide the services to you, in accordance with all material respects with these terms and conditions and any other documents.
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YOUR OBLIGATIONS
You shall:
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Co-operate with us.
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Provide to us such information as we may reasonably require about you.
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Any known medical condition, health problem, allergy, or diagnosed dietary requirement.
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Any prescribed medication.
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Your contact details, and those of your next of kin and emergency contact.
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You must (a) ensure that these details are accurate and (b) keep these details up to date, by promptly informing us whenever they change.
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If our performance of our obligations under the contract is prevented or delayed by anything you do (or fail to do), we shall not be liable.
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You shall not under any circumstances make any slanderous statements about the Club on any social networking site and may be liable to be prosecuted for any such statements, and your membership being cancelled immediately should there be any repercussions for the Club in terms of its business. You agree to always follow our concern/complaints policy.
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You agree to supply proof of your bank details including bank name, branch, sort code and account number.
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GENERAL
You may not bring pets (other than guide dogs) onto the Gym premises.
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We reserve the right to show potential members and other individuals the facilities of the Gym on a trial basis.
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Smoking is prohibited in all areas of the Gym this also includes outside the main entrance to the Gym and the bike shed.
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OPENING HOURS
Monday 06:00 – 21:00
Tuesday 06:00 – 21:00
Wednesday 06:00 – 21:00
Thursday 06:00 – 21:00
Friday 06:00 – 19:00
Saturday 09:00 – 15:00
Sunday 09:00 – 15:00
Bank holiday hours 09:00-15:00.
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PHOTOGRAPHY
We allow filming and photography; however, you should always ask permission from others who will be in the film/photo if they are happy to be filmed or photographed.
We reserve the right to use any individual or group photographs or movie shots of you for press or promotional purposes.
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However, where reasonably possible, we will ask you to sign a ‘Use of Image Rights Form’, to consent to this usage.
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At no point should anyone film or take pictures in or around the male, female or disable toilets, showers or changing rooms.
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GYMNASIUM USE
You must complete a Physical Activity Questionnaire/Health Commitment Statement before using any fitness facilities.
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You should seek instruction before using unfamiliar equipment.
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Appropriate clean clothing, specific for exercise and appropriate gym shoes must be worn whilst exercising. No jeans or clothing with metal buttons or studs.
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All members, guest and visitors, must agree to ensure personal cleanliness as part of your commitment to the gym. We have the right to refuse entry into the gym if the following applies, member, guest or visitor has solid clothing and or footwear.
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You are expected to use the sanitation facilities provided regularly. These facilities are in place for the safety and comfort of all participants. You are also required to clean any equipment after use. Non-compliance with these standards may result in termination of your membership, without a refund. This is to maintain a clean and hygienic environment for all members, guest and visitors.
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You are asked to arrive at the Club at least 5 minutes prior to any appointment you may have this could be for a induction, consultation or for a class.
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We reserve the right to refuse to re-book an appointment for you if you repeatedly cancel (with less than 24 hours’ notice) or fail to keep an appointment for services at the Gym.
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You may not use the gymnasium equipment while under the influence of alcohol, anticoagulants, antihistamines, beta-blockers, narcotics, tranquilizers or any other medication or substance which may affect your ability to exercise safely.
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CHANGING ROOMS
Lockers are made available subject to availability. You must provide your own padlock and lock your locker whilst in use, both for security reasons and to show other people that the locker is occupied. We accept no liability in relation to locker thefts unless they result directly from our negligence. Lockers may only be used for the purposes of keeping gym kit, toiletries and the clothing that you are wearing when you came into the Club. If you leave your belongings overnight in a locker, we reserve the right to open the locker and remove your belongings.
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Children up to the age of 8 may change in either changing room, under close supervision. Children aged 9 and upwards must change in the designated changing room determined via their gender.
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LOST PROPERTY
All lost property found on the premises should be handed in to the Hub at reception. Items whose ownership cannot be identified will be stored by the Club for 4 weeks before being donated to local charities. Items which appear valuable may be sold with the proceeds donated to charity.
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CAR PARKING
Parking in the car park is entirely at your own risk, and we do ask that you drive in/out at a very slow speed due to their being movement of people in the vicinity and park whilst being courteous to others. We also ask that all members, guest and visitors respect those who need accesses to the disabled parking and not to park in them at any time.
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LIABILITY
When we carry out any health assessments and exercise questionnaires, we may identify possible problems with you taking part in exercise and recommend that you get medical advice. A record of this advice should then be passed onto the health club for our records. This includes any reference to ongoing medication and its side effects and any reference to exercise limitations. We are not responsible if you ignore any recommendations and continue to exercise at the health club.
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By law, we do not have to pay you compensation for any service, facility or equipment not being available for health and safety reasons or if it is for the benefit of our members i.e. for any kind of unacceptable behaviour etc.
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By law, we do not have to pay you compensation for loss or damage you suffer unless we have failed to carry out our duties under these terms and conditions to a reasonable standard or we break any duties we have by law.
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We will not pay out compensation if we have failed to carry out our duties due to; your own fault, the fault of events which we could not have known beforehand even if we have taken all reasonable care.
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We can make changes to the type of facilities we provide, and we will have given you notice of any such changes.
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We will not be liable for any loss or damage caused by these changes unless caused by our negligence.
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You must make sure that you do the exercise provided by any exercise membership or class you go to.
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You should consult your doctor before you start any exercise membership or class if you are not sure whether it is suitable.
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We cannot accept liability for loss or damage to you or your guest’s property in the health club or car park, unless that damage is caused by our negligence.
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Our liability to pay you compensation for loss or damage (other than death or personal injury) is limited to a reasonable amount, taking account of factors such as whether the damage was due to our negligence.
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GYM CLOSURE
Periodically we will need to close the full Gym or a facility to allow for essential maintenance to take place. We will always notify you of when this is to take place. We reserve the right to close the full Club up to, but not limited to 12 times per year.
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SUSPENSION OF THE SERVICES
The Services may be suspended under the circumstances set out in our Critical Incident Policy or in the circumstances set out below. If the Services are suspended for a period of more than one month, either of us may terminate the contract by giving the other one month’s written notice. We reserve the right to suspend the Service where your account is in arrears, until payment is received in full.
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EVENTS THAT ARE BEYOND OUR CONTROL
If any event beyond our reasonable control (e.g. a fire, flood, E-Coli outbreak, strike, civil action, act of terrorism, war etc.) occurs, for which we have business interruption insurance, we may close the Club without liability to you and we may not charge you for the fees for the time the Club is closed. We will keep you informed, in such an event.
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If it is, in our reasonable opinion, necessary, we may close the Club even though our business interruption insurance will not cover us for the closure. In these circumstances, full charges are due for the time the Club is closed. For example, we may close because of severe weather conditions, epidemic/pandemic, etc.
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DATA PROTECTION
We will comply with data protection law under GDPR. For more information on this please see a copy of our Privacy Notice available on our website. On signing and agreeing to any type of membership, you are agreeing to accept the terms within this Notice.