Terms and conditions.
Introduction
This is an Agreement between you (the Member), and ATDFitness LTD, a company registered in England And Wales (registration number 13804984), whose registered office is at Unit 1 Partnership Court, Seaham Grange Industrial Estate, Seaham, County Durham, United Kingdom, SR7 0PW.
By completing the joining process at our website and becoming a Member of ATDFitness, you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.
Starting your Membership
Our joining process is an online process. Full membership prices and options can be found on our website (www.atdfitness.com), to be selected by you as part of the joining process. By completing the online joining process and becoming a member, you are accepting all the terms and conditions in this Membership Agreement.
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, subject in each case to any Promotional Rate that may be payable for a limited period only. These are shown at the start of the joining process and again before you confirm your payment instruction.
You may choose during the online joining process to start your Membership either immediately or one month from the date that you accept the terms.
You agree to comply with the Membership Rules, and you agree to use the facilities and equipment in the proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury you suffer through the incorrect use of our equipment or facilities.
You will be liable for any damage caused to our equipment or facilities through your negligent use.
You agree to tell us immediately of any changes to your personal details, including contact information; this should be done in the online Member Area.
Member Health Agreement Declaration
You warrant, declare, and acknowledge that:
The information given by you in entering this agreement is correct and will be relied upon by us.
Our staff, agents and subcontractors are not medically trained, and should you have any concerns with your health and fitness you should seek independent medical advice before engaging in any physical activity on our premises.
To the best of your knowledge and belief, you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well-being, or physical condition. Further, that you will advise us immediately should your health or vulnerability to injury change.
You must not visit or use the facilities if you have an infectious disease, are displaying any symptoms of illness or are waiting on a test result in relation to an infectious disease.
Membership & Payment
Some Membership types can be changed. Fees may apply. Details can be found online in the Member Area.
The Joining Fee (if one is payable) and first month's membership fees are collected from you by us either by Debit / Credit card at time of purchase, or by Direct Debit approximately 5 working days from your membership application date. Joining fees are applied to cover the initial administration costs associated with setting up a new membership and direct debit agreement and entitle the member to an induction session, bookable online.
Your second Direct Debit for monthly membership fees only will be collected one month after you joined. Subsequent Direct Debits for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.
If any Direct Debit is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us an administration fee of £12. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your membership, upon having given you written notice of our intention to do so.
You agree to advise us immediately of any change to the Members Details provided.
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. 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.
From time to time, we may need to increase the price of membership. We will give you at least 1 full months' notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice, then the price of your membership will be increased in accordance with our notice.
Membership cancellation during contract
As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of completing your membership application form. However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you select to commence your membership immediately, or you ask us to start your membership early, you agree that if you subsequently cancel your membership within the 14 day period, you will be refunded any monies paid, less an amount for the membership you have already used commencing from the first day after joining.
We do not accept liability for any loss or damage to your property that may happen whilst on our premises unless such loss or damage is caused by our negligence.
Additional Services
Personal Training Sessions and “additional services” do not form part of this Agreement and are not provided by ATDFitness LTD.
Any “additional services” (including, for example, Personal Training Sessions, Sports Therapy and Massage Therapy) which you contract for or agree to pay for, do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any agreement for “additional services”, you are entering into an agreement with those individuals and not with us.
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.
We may provide induction services or personal reviews of your training needs. Such services are provided without additional charge.
Data Protection
We agree to comply with all relevant Data Protection Legislation which for the purpose of this Agreement shall mean the UK Data Protection Legislation and any other European Union legislation including the General Data Protection Regulation 2018 relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).