Free Guest Pass Terms and Conditions
Your guest membership is valid at all Fitness First blue and platinum clubs. Our Black Label clubs are exempt from this offer but you can still pop in for a tour and to discuss your personal fitness goals. During your guest membership you’re welcome to use the sunbeds, beauty rooms and crèche for an additional charge. You must be 16 or over; the offer is subject to availability*; the voucher has no cash value, one voucher per person, your voucher can be used at one club only and not multiple locations, is not for re-sale.
Membership Contract Terms and Conditions
Fitness First Clubs Ltd
Definitions: "Fitness First" "us" "we" and "our" means Fitness First Clubs Ltd; "Member" "you" and "your" means the member named overleaf; "Home club" means the Fitness First club named on your membership application form.
These terms and conditions constitute a membership contract between you and us.
1. Membership
Joining
1.1 Members must be aged 18 years plus or 16 years plus with signed parental consent.
1.2 You will be subject to all rights and obligations according to the type of membership for which your application has been accepted.
Membership options
1.3 Your membership type is set out overleaf.
1.4 "Off Peak" membership entitles you to use our facilities during published off peak hours.
1.5 Home Club membership allows access to your home club.
1.6 "Reciprocal" membership allows you access to United Kingdom clubs as follows:
BLUE category members may access all Blue and Express clubs other than those designated Fitness First For Women
PLATINUM category members may access all Blue, Express and Platinum clubs other than those designated Fitness First for Women
BLACK LABEL category members may access all of our clubs other than those designated Fitness First For Women.
The category of each club is detailed in our literature, in-club signage and website. We may modify the arrangements for Reciprocal use at any time subject to giving 1 month's notice where reasonably practicable.
Reciprocal membership does not extend to usage of the following London clubs which are accessible for home club members only: Berkeley Square, Spitalfields.
Fees and charges
1.7 Start up fees may apply as set out overleaf which are payable immediately upon becoming a member unless otherwise stated overleaf. These fees are not refundable unless otherwise stated overleaf because they cover our reasonable administration and/or product costs.
1.8 Membership dues are detailed overleaf. Membership dues paid by monthly instalments are payable on or immediately after the first day of each month of membership. For those joining in the second half of the month, their first membership dues Direct Debit will be on the 15th of the following month, thereafter on the first of the month.
1.9 In order to qualify for any discounted membership options you are required to supply evidence of your eligibility. A list of acceptable evidence can be obtained from us. Initially you may be charged the full membership rate and this will be reduced at the first Direct Debit date falling 30 days after your evidence has been provided.
1.10 You are required to nominate a credit or debit card as an alternative method of payment which you agree we may use should the primary payment method fail for any reason. The bank account for your alternative method of payment should differ to that of your primary method of payment. Your signature on the credit or debit card mandate will authorise us to debit the account with the total amount due. If you do not have a valid credit or debit card you will be required to pay a deposit, equivalent to 1 month's membership fees, against which we may debit outstanding payments due under this contract. Any amount not required from the deposit to meet such outstanding payments will be refunded to you upon termination of this contract.
1.11 If your membership falls into arrears, without prejudice to our rights in clause 3.11 and except where the arrears are solely owing to the fault of your bank, we reserve the right i) to levy an administration charge of up to £3 each time we fail to collect your monthly dues and to add this charge to your arrears owing and/or ii)to suspend membership until the arrears including any charges have been cleared and/or iii)to take such further action to recover sums outstanding including but not limited to a referral to a debt recovery agency and in such circumstances we reserve the right to make an additional administration charge of up to £25 for each such event subject to a maximum of 2 such additional administrative charges in any one calendar year.
1.12 Membership dues and VAT thereon may be increased at our discretion. Fees are usually reviewed on an annual basis but circumstances may dictate an earlier revision. You will be given one months notice of any fee change. Membership dues for prepaid quarterly and annual memberships and 18/24 month direct debit memberships will be reviewed only on renewal.
1.13 Lockers will be emptied every night and contents stored for a reasonable period of time appropriate to their value but will then be deemed abandoned goods and be disposed of. We may levy a charge for the removal and storage of goods left in a locker.
1.14 In clubs where a smart card membership card system is introduced after you become a member, a refundable deposit may apply for issue of the new membership card, subject to our right to set off the deposit against any sums due to us.
Facilities and services
1.15 In order to gain access to our clubs you must produce your membership card at all times.
1.16 You must not loan your membership card to or permit its use by anybody else.
1.17 We reserve the right to close clubs or areas of our clubs from time to time at our discretion e.g. for maintenance repairs, refurbishment, cleaning or local emergencies.
1.18 Opening hours are subject to change by giving you 1 month's notice where reasonably practicable.
2. Club usage
Your physical condition
2.1 Our staff, agents and subcontractors are not medically qualified. If you have any doubts about your fitness or capability to undertake physical exercise we strongly recommend that you take independent medical advice before undertaking any exercise.
2.2 You may not use any of our facilities whilst suffering from any infection or contagious illness that could affect others within the club.
Limitation of liability
2.3 Members must either secure their personal belongings on their person or place and secure them in the lockers provided by Fitness First at all times whilst using a club’s facilities. Fitness First, our employees, agents or sub-contractors will not be liable to you for any loss, damage or theft of any property brought onto any of our premises if you did not secure that property in a locker. In any event, our liability to compensate you for any loss, damage or theft of any property brought onto our premises by you will be limited to a total amount of £500 (for any one incident) where that loss, damage or theft is caused by the negligence or is the fault of Fitness First, its employees, agents or sub-contractors.
2.4 You are responsible for ensuring that you correctly operate or use any facilities and/or equipment (including adjusting levels or settings) which we provide. If you are in any doubt about how to correctly operate any equipment, you must consult one of our representatives before use.
2.5 Some areas of our clubs are unsupervised and we do not accept responsibility for any harm or injury to you while using them unless caused by our employees, agents, subcontractors or our negligent act or omission.
2.6 Personal Trainers operate in our clubs on a self-employed basis. Any service they provide to you constitutes a contract between the Personal Trainer and you rather than us. We accept no responsibility for breach of contract or negligence caused by a Personal Trainer.
Conduct
2.7 You will not abuse the facilities or equipment of any club and you will pay for any damage to our property where you wilfully or negligently cause such damage.
3. Membership term
Membership duration
3.1 A minimum membership period applies to this contract as confirmed overleaf and, except where 3.2 applies, upon expiry of this minimum period, your membership will automatically continue indefinitely at the prevailing rate subject to the termination provisions set out below.
3.2 Membership paid on a 4 month or annual basis will lapse at the end of the relevant minimum membership period i.e. 4 months for Gold membership and 12 or 15 months for annual membership.
3.3 Other than in the first 4 months you may freeze your membership for 2 months (minimum) to 12 months (maximum) subject to giving us notice by the 20th of the month prior to the start of the freeze. Reduced Membership fees will apply during any such period at the prevailing rates and access to our clubs will be suspended. Your minimum contract period will be extended by the number of months for which you freeze and full membership fees must be paid for at least the minimum number of months confirmed overleaf as adjusted for a freeze period before cancellation notice can be effective.
Termination by you
3.4 If you are dissatisfied with the service offered by us for any reason within the first 10 days of becoming a member, with the exception of start up fees which are not refundable, you are entitled to a refund of any membership fees paid subject to presenting the 10-day comfort guarantee voucher at your Home Club during that 10 day period.
3.5 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 contract; or ii) due to genuine and relevant medical reasons (supporting professional documentation must be supplied). We will refund membership fees paid In respect of the period from the date of the final breach If i) applies or the date the medical practitioner signed the certificate or the date notice was given by you (whichever Is later) If ii) applies provided you have not used our services during that period and subject to us retaining a reasonable administration fee If you terminate on medical grounds.
3.6 You are required to give 1 month's notice of termination which will commence on the first day of the following month and expire on the last day of that month except this does not apply to clause 3.4 and except where you are within the minimum contract period where notice may be given to coincide with the end of that period.
3.7 You may give notice of your intention to cease your membership either; In-Club: You may make an appointment to meet with your Member Service Manager or General Manager at your home club (the club you joined) and request that they make the arrangements for you. You could also complete a cancellation request form at the club reception. In this instance the club Member Service Manager will contact you to confirm you meet the cancellation requirements as outlined in the terms and conditions of your membership contract. Please ensure you provide a current daytime telephone number. By letter: Alternatively you can send a letter to the address below. We recommend you send it by recorded delivery to ensure notice of cancellation is received. In this instance the Central Membership Service Team will contact you to confirm you meet the cancellation requirements as outlined in the terms and conditions of your membership contract. Please ensure you provide a current daytime telephone number, your full name, address and membership number. Or by phone: Please call our Central Membership Service Team on the number below. We will then be able to check you meet the cancellation requirements as outlined in the terms and conditions of your membership contract and process your cancellation.
3.8 We are entitled to retain any membership fees where you have not cancelled your Direct Debit instruction with your bank and you have not given valid notice.
Termination by us
3.9 We may terminate your membership without notice if in our reasonable opinion, continued membership is likely to be injurious to the character and interests of any particular club, eg, abusive or threatening behaviour, vandalism or illegal activity.
3.10 We may terminate your membership with immediate effect if i) you have breached any terms and conditions of this contract; or ii) membership fees or other charges remain unpaid 7 days after the due date, provided that we give you written notice of the breach and you have not remedied it within 7 days of the notification date.
3.11 We may terminate your membership with immediate effect if your Home Club permanently ceases operation. We will provide a pro rata refund for membership fees paid in respect of any period after the termination date.
4. Miscellaneous
4.1 We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes provided we give reasonable notice.
4.2 Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights, neither will any failure to identify or act upon your breach of the terms of this contract be deemed to be an affirmation by us that your behaviour is acceptable.
4.3 Where a provision of this contract is deemed to be invalid or unenforceable by any UK Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
4.4 We may assign or transfer the benefit of this contract or sub-contract our obligations under it, to any other legal entity at any time without notice to you. Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
4.5 Written notices that are required to be given by either party shall be sent using second class post to the address provided overleaf or such other address as is notified by either party and shall be deemed served 3 days after posting. This does not apply to 3.6 where you can give notice by recorded delivery or clauses 1.6, 1.12, 1.18 and 4.1 where notice can be given by displaying a notice in the relevant club.
4.6 Except where permitted by this contract, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
4.7 Relevant United Kingdom law shall apply to this contract and the relevant Courts of the United Kingdom shall have exclusive jurisdiction to deal with any disputes arising in relation to it.