Terms & Conditions

PRINCIPLE TERMS

1. Your membership starts immediately.

2. You will be entitled to all the rights and privileges exercisable for the type of membership chosen.

3. You cannot transfer this agreement to anyone else.

FEES AND CHARGES

4. The joining fee/initial payment is due from you to us, and is payable on the 1st payment date or upon up-front payment and is not refundable other than where we are in material and continual breach of the contract.

5. The payment amount is due from you to us. You are obligated to make the minimum number of payments starting with the first one being paid on the 1st payment date and then every month thereafter. For the avoidance of doubt, you are obligated to make every payment regardless of non- attendance, whatever the reason for non-attendance may be. Should you fail to make a payment then the remainder of those payments will be due immediately.

6. You agree to advise us immediately of any changes to member details provided.

7. Membership fees may be increased at our discretion, subject to giving you one month’s notice and except for annual memberships which is renewed annually where an increase will only apply at the time of renewal. Any guaranteed membership rate agreement would be excluded until expiry of such guarantee periods.

RENEWAL

8. In order to extend your membership after completing the minimum number of payments, we will automatically continue collecting the payment amount every month. Your membership will be extended by one month each payment. Each payment made is not refundable under any circumstances other than where we are in material and continual breach of the contract. The renewal payment amount may only be amended if we advise you in writing giving 30 day’s notice. Please note – If your membership included the benefit of a free period then we will stop making collections during the free period and recommence making collections where this free period has finished.

GENERAL TERMS

9. 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 advance notice of the change.

10. 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 term of this agreement strictly at a future date.

11. We may assign the benefit of this agreement and our rights there under to a third party on notice to you. Your rights under this agreement will not be prejudiced.

12. This agreement is governed by legal jurisdiction.

13. We may terminate this agreement with immediate effect on notice to you are in breach of the clubs rules. In this event you will not be liable to pay any further payments, provided such breach is not deemed by us to have occurred primarily in order to qualify you for a refund.

CANCELLATION

14. If you are dissatisfied with the service offered by Motion Fitness for any reason within the first 10 days of becoming a member, you are entitled to a refund of any membership fees paid subject to notification in writing to the club within the 10 day period. Validated refunds will be paid within 28 days from receipt of the letter. All start up fees will be retained in order to meet the reasonable costs incurred in processing the membership application and your induction into the club.

15. During the minimum contract period of membership you are unable to cancel your membership, other than: i) Where we are in material and continued breach of the contract: ii) Due to genuine and relevant medical reason (supporting professional documentation must be supplied)

16. Subject to Clause 15 above and 17 below, if you wish to cancel your membership, you should make and attend an appointment with the manager of the club. You should sign a Departure Request Form which will be countersigned by the manager. If you are unable to attend a meeting you must write to the manager. We recommend you send your letter by recorded delivery to ensure notice of cancellation is received. Telephone cancellations will not be accepted. If you are within the minimum contract period, notice may be given to coincide with the end of that contract period.

17. If your membership is subject to a minimum 3 month membership period, you are required to give one full month’s notice of termination commencing on or after the end of the initial 2 month term. If your membership is subject to a minimum 6 month membership period, you are required to give one full month’s notice of termination commencing on or after the end of the initial 5 month term. If your membership is subject to a minimum 12 month membership period, you are required to give one full calendar months’ notice of termination commencing on or after the end of the initial 11 month term. If your membership is subject to a minimum of 24 month membership period, you are required to give one full month’s notice of termination commencing on or after the initial 23 month term. In all cases the notice period will start from the end of a month in which cancellation is notified.

18. We are entitled to retain any membership fees where you have not cancelled your standing order with your bank and you have not given valid notice in accordance with 15, 16 and 17 above to the extent that such membership fees covers our losses in respect of our contract with you. Personal Training

19. Any personal training sessions purchased are non-refundable, and must be used within 6 months of the purchase date.

Membership Cards

20. You must bring your membership sign in card with you to access the gym. No access will be given if you do not have your card. If you card is lost it must be replaced at a cost of £3 per card.