MEMBERSHIP AGREEMENT
AND TERMS AND CONDITIONS OF MEMBERSHIP
INTRODUCTION
This is an Agreement between you (the Member) and The Everest
Community Centre (ECC) .By completing the joining process at our website and
becoming a Member of ECC. you are accepting all the terms and conditions in
this Membership Agreement. You should only join if you have read them and
accept them.
DEFINITIONS
Gym Membership Rules:
This statement is for guidance only. It is not a legally binding
agreement between you and us and does not create any obligations which you or
we must meet.
Opening Times
Monday to Friday 8.00am to 1.00pm and 4.00pm until 10.00pm
Saturday and Sunday 8.00 until 4.00pm
Everest CC maintains and enforces Membership Rules to make sure that
using our gyms is as safe and enjoyable an experience as we can make it for all
of our Members.
We're sorry for being direct, but we reserve the right to terminate your
Membership immediately if you do not abide by these Membership Rules.
As a Member of Everest CC you agree that you will:
• Not share your membership with anyone else.
• Strongly consider attending a gym induction, particularly if you are a
first-time gym user, before using the gym for the first time as you are then
more likely to achieve your goals.
•Wipe down equipment after you have used it.
• Not take bags onto the gym floor.
• Not make or receive phone calls on the gym floor.
• Not take photographs or videos on the premises or post remarks or
imagery to the internet that could identify another Member.
• Replace equipment back onto the racks after you have finished with it.
• Not drop or throw weights down on the floor (including in the free
weights area).
• Not leave your belongings in a locker when you are not on the premises
• Wear suitable clothing and footwear when exercising (denim, bare feet,
flip-flops, boots or a bare torso are amongst the range of clothing choices
that is unsuitable).
• Use the club facilities and equipment in a proper manner and not in a
way that might cause harm to yourself or others (just ask a member of staff if
you are unsure).
• Not engage in any exercise activity that may be potentially harmful to
you or others (this includes contact sports such as martial arts and boxing
unless this is with one of our Personal Trainers).
• Not use, block or interfere with fire, emergency or disabled access
doors or alarms (except in a genuine emergency).
• Not behave in an aggressive, abusive, intimidating, anti-social or
threatening manner or in a way that might cause distress to staff or Members.
• Not obscure your face when using the entrance pods or on the gym floor
(for example wearing a helmet, baseball cap or hoody).
• Not conduct any Personal Training business with other Members.
• Come and go quietly so as not to disturb our neighbours..
• Use any parking facilities provided in accordance with the rules that
the parking provider posts.
• Not park your bicycle in an unsafe or inappropriate location.
• Not enter our premises whilst intoxicated.
• Not engage in any type of criminal behaviour whilst on our premises.
• Not cause damage to the premises, our or another Member's property.
• Not force entry to locked doors.
Joining Fee: the amount notified to you as part of the website joining
process as a one-off fee payable for membership.
Annual Membership: a membership that is paid upfront and has a fixed
term of 12 months unless otherwise stipulated.
Membership: a membership for one specified gym.
Student Membership: Membership available to Students only aged 16/18 or
adults in full time Education. Proof of student status needs to be provided,
Teen Membership: A reduced membership rate for members under the age of
16 Access is strictly limited and monitored, and is subject to restrictions set
out at time of joining. Teen members must always be supervised by an adult
member of the gym, or be under the supervision of ECC staff in scheduled Teen
classes or sessions.
Monthly Membership Amount: the amount you agree to pay each month for
your Membership. .
PRINCIPLE TERMS
1. This agreement commences either:
If you are on the club’s premises, once you have indicated your
acceptance in the Declaration section of this web sign up process.
OR
2. Your membership starts immediately, unless otherwise stated during
the sign-up process.
3. You will be entitled to all the rights and privileges exercisable for
the Type of Membership chosen.
4. You cannot transfer this agreement to anyone else.
5. You agree to comply with the Gym Membership Rules and use the
facility and equipment in a proper manner. You must consult a member of staff
if you are unsure. We are not liable for any injury suffered through incorrect
use of our equipment or facilities.
6. You will be liable for any damage caused to our equipment or
facilities through your negligent use.
FEES AND CHARGES
7. If your membership has a recurring Monthly Membership Amount, the
Direct Debit Payment Amount is due from you to us. You are obligated to make
the Minimum Number of Direct Debit Payments stated at time of joining with the
first one being paid on the 1st Direct Debit Payment Date, the second on the
Second DD payment date and then every month thereafter. For the avoidance of
doubt, you are obligated to make every Direct Debit Payment regardless of non-attendance,
whatever the reason for non-attendance may be..
8. You agree to maintain a Direct Debit instruction with your bank (or
recurring international Credit Card Payment for overseas members) for the
Monthly Membership Amount.
9. You agree to pay us the Monthly Membership Amount regardless of lack
of attendance, or whether there is any temporary interruption in services
during the period, foreseen or unforeseen. In circumstances where we are
required to close or restrict facilities for any reason, ECC are under no
obligation to offer a refund for loss of service.
10. If you fail to pay any monies due under this agreement or if any
Direct Debit is returned unpaid or any cheque is returned unpaid or if any
other form of payment is not honoured for whatever reason, you shall pay us on
demand an administration fee of £25.
11. You agree to advise us immediately of any change to the Members
Details provided, and notify any partners who may operate the facility at which
you are a member.
12. 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. The reasonable costs incurred in employing the third party
company will be borne by you including costs in tracing you should you have
changed your address without telling us.
13. If we do not terminate your Membership if you breach any of the Gym
Membership Rules, or if we give you extra time to pay if you do not pay your
Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount
when it falls due, that will not prevent us from subsequently enforcing the
terms of this Agreement.
14. We may assign the benefit of this Agreement and our rights to
a third party provided we give you notice and your rights under this Agreement
will not be prejudiced.
GENERAL TERMS
15. 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. This includes Covid-19 social distancing and cleaning regulations in
place in our clubs, including wiping down equipment before and after use. We
may make reasonable changes to these Rules at any time provided we give you
advance notice of the change.
16. 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.
17. 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.
18. This agreement is governed by English Law.
19. We may terminate this agreement with immediate effect on notice to
you if you are in breach of the Clubs Rules. 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.
STARTING YOUR MEMBERSHIP
20. Our joining process is an online process. Full membership prices and
options can be found on our website Everest Community Academy to be selected by
you as part of the joining process. By completing the online joining process
and becoming a Everest Community Health and Leisure Club you are accepting all
the terms and conditions in this Membership Agreement (insofar as they are applicable).
You should only join if you have read them and accept them.
21. This Membership Agreement starts once you have accepted the terms
during the online joining process. By accepting the terms, you are agreeing to
pay any applicable Joining Fee, Administration Fee, Membership Amount and
Monthly Membership Amount. These are shown at the start of the joining process
and again before you confirm your payment instruction.
22. You will be liable for any damage caused to our equipment or
facilities through your negligent use. We may, with reasonable notice and at
our discretion, close our premises for reasonable periods of time to carry out
maintenance, repairs, refurbishment, cleaning or for other reasons outside of
our control, including at least 3 days a year for necessary maintenance or
other work. We will endeavour to reopen facilities as soon as is reasonably
possible in these circumstances. You agree that you will not be eligible for
any refund for the temporary interruption in services during the period.
23. The club will be closed Christmas Day, Boxing Day and New Years Day
every year. You agree that you will not be eligible for any refund for closure.
ENDING YOUR MEMBERSHIP
24. You have the right to cancel this Agreement within 14 days from the
start of the Agreement without giving any reason, but you must let us know you
wish to do so within the 14-day period.
25. Your membership is a monthly contract, in order to cancel you need
to give 30 days’ notice, and any subsequent monthly charge within this time
will be payable in full. Please email the club requesting a cancellation. The
club will confirm this in writing that this has been cancelled. The request to
cancel must be made in writing to community@everestcommunityacademy.org
26. In case of dispute you must show that you cancelled the Agreement in
accordance with the cancellation terms, but for these purposes it will be
sufficient to show that you sent your communication (to the correct address)
concerning your exercise of the right to cancel before the cancellation period
had expired.
27. If you have requested an immediate membership start date and you
cancel your Membership within the 14-day period, proportionate charges will be
due. We will refund to you any Joining Fee, Membership Amount and Monthly
Membership Amount you have paid us, but the refunded amount will be reduced by
the higher of (a) the one-day pass rate (for your gym at the time you joined)
and (b) an amount in proportion to the number of days between the start of your
Membership and the date you communicated to us that you wanted to cancel.
28. In order to avoid disputes, you should not cancel your Direct Debit
mandate with us until you have been cleared to do so by one of our staff in
writing
29. We may terminate this Agreement and cancel your Membership with
immediate effect on notice to you if you breach any of the Gym Membership
Rules, or for any reason deemed sufficient by us to terminate your Membership.
In this event, your access to the facilities will also be terminated and you
will not be eligible for any refund.
30. In the event of your Membership being cancelled, either by yourself,
by ECC, or by a third party, you will automatically lose any benefits accrued
over the course of your Membership. This may include, but is not limited to,
referral points, free months, discounted rates or any other variations to
your Membership.
31. If you cancel your Direct Debit mandate via the bank or any other
third party whilst in your Contracted Minimum Period, you will be liable
to pay the remaining balance of your Contract. ECC also reserve the right to
immediately suspend access in these circumstances.
FREEZING YOUR MEMBERSHIP
32. Options exist to freeze your membership payments. These include: -
32.1. Temporary Illness or Injury: This agreement may be frozen in the
event of serious temporary illness, injury or medical condition upon
appropriate proof from a doctor or other suitably qualified medical
practitioner.
32.2. Pregnancy: This agreement can be frozen if you become pregnant for
a maximum of 6 months pre-birth and a maximum of 6 months post - birth upon the
appropriate proof being given.
32.3. Extended time away: This agreement may be frozen for up to a
maximum of 3 months if you are spending an extended amount of time (over a month)
away from the area of the gym, subject to appropriate proof being provided.
33. Please note that Freezes come to an end automatically, and billing
will recommence once your Freeze Period has expired.
34. Previously having a Freeze for any reason does not guarantee
acceptance of a further Freeze.
35. Please note - ANY Freeze will not be actioned until the appropriate
proof is provided and received.
DATA PROTECTION / GDPR
36. There are certain email and SMS communications which it is necessary
for us to send to all members, in connection with their Membership. In order to
do so we will process your personal data for the purposes of performing our
contractual obligations to you under the terms of your Membership. You cannot
opt out of these communications. You may opt out of email and SMS
communications that we may otherwise send for promotional or marketing
purposes, but if you do we cannot be held responsible for any loss incurred by
you not receiving gym-related communications. All processing of your personal
data will be in accordance with our Privacy, CCTV & Data protection policy,
available at ECC
37. It is your responsibility to ensure that the data we hold for you is
up to date. We cannot be held responsible for any loss incurred by you if you
fail to receive communications or information as your contact information is
out of date or otherwise incorrect.
38. For the safety and security of you, our other members and our staff,
and for associated purposes of crime prevention and detection, we operate
24-hour CCTV security at all our gyms. The images will be captured, processed and
retained in accordance with our separate Privacy, CCTV & Data Protection
Policy available at ECC. Access to such footage will also be governed by the
provisions of that policy.
39. We will securely store personal data including membership
information and recorded CCTV footage in accordance with our privacy policy
which is available at Everest Community Academy
40. You can contact us with any queries or concerns by emailing
community@everestcommunityacademy.org
41. You agree that to be eligible for a Student Membership you must be
in full or part-time education and will provide proof of this status. Failure
to do so may result in your Monthly Membership Amount being raised and brought
in line with standard pricing at your club.
PROMOTIONS
42. Promotions on Paid In Full memberships where the Membership lasts
for longer than 12 months, shall be treated as a 12 month membership with a
free period applied to the end. In cases of dispute, these memberships
will be treated as the Membership Amount divided across 12 months, with the
remainder of the Membership being a free period and will not be treated as the
Membership Amount divided across the overall duration of the Membership.
42.1. Winners will be contacted privately to arrange delivery of prizes
- a list of winners will not be published but is available on request for each
competition.
ADDITIONAL SERVICES
43. We do not accept any liability for any losses, damage, personal
injury or other loss caused by any negligent act or omission of those providing
the “additional services” which are specifically excluded from the Membership
Agreement and we do not accept any responsibility for the same save where
precluded by law.
44. We may provide induction services or personal reviews of your training
needs if required. Such services are provided without additional charge.
45. ECC, its parent companies, its agents, employees and subcontractors
are not liable for any loss, damage or theft of any of your property that you
bring onto any of our premises. If such loss, damage or theft is caused by the
negligent acts or omissions of ECC or its agents, employees or subcontractors,
our liability to you will be limited to £500.
46. We may make reasonable changes to the Gym Membership Rules and the
Membership Agreement at any time. It is your responsibility to check online at
regular intervals for changes to these documents.
47. This Agreement is governed by the law of England and Wales.
48. You should print a copy of this Agreement for future reference.
HEALTH COMMITMENT STATEMENT
Your health is your responsibility. The management and staff of this
organisation are dedicated to helping you take every opportunity to enjoy the
facilities that we offer. With this in mind, we have carefully considered what
we can reasonably expect of each other.
OUR COMMITMENT TO YOU
1. We will respect your personal decisions, and allow you to make your
own decisions about what exercise you can carry out. However, we ask you not to
exercise beyond what you consider to be your own abilities.
2. We will make every reasonable effort to make sure that our equipment
and facilities are in a safe condition for you to use and enjoy.
3. We will take all reasonable steps to make sure that our staff are
qualified to the fitness industry standards as set out by the Register of
Exercise Professionals.
4. If you tell us that you have a disability which puts you at a
substantial disadvantage in accessing our equipment and facilities, we will
consider what adjustments, if any, are reasonable for us to make.
YOUR COMMITMENT TO US
1. You should not exercise beyond your own abilities. If you know or are
concerned that you have a medical condition which might interfere with you
exercising safely. Before you use our equipment and facilities you should get
advice from a relevant medical professional and follow that advice.
2. You should make yourself aware of any rules and instructions,
including warning notices. Exercise carries its own risks. You should not carry
out any activities which you have been told are not suitable for you.
3. You should let us know immediately if you feel ill when using our
equipment or facilities. Our staff members are not qualified doctors, but there
will be a person available who has had first-aid training.
4. If you have a disability, you must follow any reasonable instructions
to allow you to exercise safely.
MEMBER REFERRAL OFFER
1. New member must
join within specified dates of the offer for the referring member to qualify
for the free month.
2. New member must input name of referring member when joining to
activate the referral offer.
3. New member must have paid their pro rata, joining fee and first
full month direct debit for the free month to apply.
4.The month will only apply in the month following the new joiners
first full month of membership.
5. If multiple members have been referred, all the above conditions
apply, additional free months will follow the first full month paid by the new
joining members.
6. This offer cannot be back dated to members that have been previously
referred.
7. This offer will not apply if the new or current member have any
outstanding payments on the account.
8. This offer will not be valid if the new or current member cancels
their direct debit during or before the first full paid month.