1.1 In the Terms and Conditions the following definitions apply:
“Company” means Henrietta Street Gym Limited.
“Member” means any person that has completed and submitted an online registration form and pays on a monthly subscription at www.henriettastreetgym.com and which registration has been accepted by the Company.
“Drop in” means any person that has completed and submitted an online registration form and has not subscribed to a monthly membership subscription at the www.henriettastreetgym.com and which registration has been accepted by the Company.
“Gym” means Derwent Works, 6 Henrietta Street, Birmingham, B19 3AB.
“Terms and Conditions” means these terms and conditions.
1.2 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
1.3 The Terms and Conditions are incorporated into the Registration Form.
The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Gym and the conduct of Members/Drop ins.. Any such changes will be notified to Members and, until revoked, are and will be binding on Members.
The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2.1 Subject to condition 2.2, when a person has completed the Registration Form and has subscribed to a monthly membership payment he will become a Member of the Gym.
2.2 Acceptance of a person as a Member is in the absolute discretion of the Company.
2.3 The Company reserves the right to expel from the Gym, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Gym or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Gym. Any Member so expelled will forthwith cease to be a Member of the Gym and will not be entitled to any refund for any period during which his membership is suspended.
3. GYM OPENING TIMES
3.1 Details of session times at the Gym may vary from time to time. Session times will be published by the Gym and will be available either at the Gym or at www.henriettastreetgym.com
4. PAYMENT TERMS
4.1 Details of session prices and class offers are available either at www.henriettastreetgym.com or directly from the Gym and will be such prices, as determined by the Company from time to time.
4.2 A Member/Drop In may not attend any classes at the Gym without first booking and or paying for the relevant session.
4.3 Upgrades and downgrades. Members may upgrade within their membership term. If you choose to upgrade mid month, then the additional amount will be charged during the month. Alternatively, you can upgrade from your next payment date. The term of the the agreement will remain the same, so if you upgrade from a regular 12 month to an elite 12 month agreement you will not have another 12 months to complete. You may upgrade within your term but you may not downgrade.
5. BOOKINGS AND CANCELLATIONS
5.1 A Member may only book or reschedule sessions for themselves via their personal Gym booking facility at www.henriettastreetgym.com.
5.2 Drop ins may only book sessions for themselves via their personal Gym booking facility at www.henriettastreetgym.com.
5.3 Members please arrive at least 15 minutes before class. Drop ins should arrive no more than 5 minutes prior to their class start time, as gym staff may not be present to give you access to the facilities until then.
5.4 Members/Drop ins are required to give a minimum of 24 hours notice to ‘early’ cancel classes, a ‘late’ cancellation is anything within the 24 hours. Late cancellations will lead to pre booked class cancellation and or suspension.
5.5 Sessions are booked on a first-come first-served basis. A Member/Drop In may use the waiting list facility at www.henriettastreetgym.com in the event that his first choice session is unavailable. If a Member/Drop In joins the waiting list for a particular session and then books that session his booking will be subject to the Terms and Conditions in the usual way.
CANCELLATION BY YOU
5.6 a) Any member wishing to cancel their membership must give Henrietta Street Gym notice in writing via email to firstname.lastname@example.org, stating they wish to cancel their membership.
b) you may terminate your membership by giving Henrietta Street Gym at least 1 full payment month notice (if your payment is due on 5th of the month then you must cancel on or before 5th month that you wish your last payment to go out) in writing once you have completed your agreed term. Your membership will terminate on the normal payment date of the following month.
c) Cancelling your direct debit/card payment for the payment of fees is not sufficient to cancel membership.
d) If you do not cancel your contract at the end of your subscribed period, the contract automatically becomes a rolling contract at the same monthly fee.
5.7 You may also terminate this agreement if:
a) We permanently significantly reduce the facilities or opening hours of the gym
b) We change the location of the gym
c) We close the gym for refurbishment for a period of more than 21 days at a time.
5.8 Regular and Off-peak Regular members will be able to book 1 regular gym class per day. Elite and Off-peak elite members will be able to book 1 regular and 1 elite class per day.
6. FITNESS AND HEALTH
6.1 Members/Drop Ins are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. The Gym reserves the right to refuse access to any Member/Drop In if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of such facilities.
6.2 Members/Drop Ins with low/high blood pressure and/or cardiac irregularities should not attend classes or use the Gym’s facilities, until they have written permission from their Doctor. If there is any doubt, that person should consult their doctor. Members/Drop Ins must notify the Gym of any circumstances affecting their health which may be exacerbated through continued use of the premises.
6.3 Members/Drop Ins are required to follow the instructions of the instructor at all times.
7. LIMITATION OF LIABILITY
7.1 The Company cannot be held responsible for any particular session, instructor and/or item of equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities (e.g. showers), provided to Members/Drop Ins, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
7.2 It is the Member’s/Drop In’s responsibility to ensure that he is capable of undergoing a routine of exercises provided by any programme which he follows or class which he attends. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any session.
7.3 The Company accepts no liability for loss or damage to property of Members/Drop Ins or for injury to Members/Drop Ins on the Gym premises or outside the Gym except insofar as such loss, damage or injury is by law incapable of exclusion.
8. USE OF FACILITIES
8.1 A Member is entitled to use the Gym’s facilities provided always that the Gym may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Gym or the Company.
8.2 Members/Drop Ins must be 18 years or over to enter and or use the Gym’s premises.
9. PERSONAL BELONGINGS
9.1 Personal belongings are brought into the Gym premises at the Member’s/Drop In’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
10.1 Members are requested to wear a form of dress appropriate to exercise, we recommend that Members/Drop Ins wear stretch pants,shorts,and a T-shirt or sports top with appropriate trainers/boxing boots.
11. SAFETY & HYGIENE
11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or Gym floor. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds.
11.2 Notwithstanding paragraph 11.1 above, Members/Drop Ins must not walk around the Studio barefoot if they have verrucas or similar foot complaints.
11.3 Members/Drop Ins must use the main entrance to the Gym when entering or leaving the Gym. Fire exits, which are clearly marked, are there in the interests of safety and Members/Drop Ins must not interfere with these exits for any reason. In the event of a fire, Members, Drop Ins are asked to make their way to the nearest available exit.
11.4 Smoking is forbidden anywhere on the Gym and outside of the Gym premises.
12.1 Members are required to give notice to the Company of any change of home address or email address or contact phone number. Failing such notice, all communications will be assumed to have been received by the Member within five days of email sent or mailing to the last address (of either type) notified to the Company.
12.2 The Company reserves the right to refuse admission to the Gym.
12.3 The Company may assign the benefit of the Registration Process and a Member’s membership to a third party at any time without notice to the Member.
12.4 A person who is not a party to the Registration Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Process.
12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
12.6 Members must at all times observe Gym guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Gym for the convenience of all Members.
12.7 Any marketing, educational or other materials of this nature whatsoever produced by the Company in connection with the Gym and which are made available to Members/Drop Ins at the Gym will at all times remain the property of the Company and will be subject to the Company’s copyright.
13. MEMBERSHIP CARDS
13.1 You will be issued with a membership card between our Front of House hours, which you must bring with you to gain entry to the gym. If you lose your membership card we will charge a fee (currently £5.00) for a replacement card.
13.2 Membership and the membership card are personal to you and you must not allow anyone else to use your membership card.
13.3 We reserve the right refuse entry if you do not have a valid and current membership card with you.
14. PERSONAL TRAINING
These terms refer to any sessions booked via the company using our online booking system or with an employed staff member. Please refer to 14.9 for any engagement outside of these sessions.
14.1 A minimum 24 hour cancellation policy applies to scheduled sessions.
14.2 Sessions cancelled less than 24 hours in advance will be charged in full to the client.
14.3 If your personal trainer is absent due to holiday or sickness, that session will be covered by a trainer of the same or higher level. If this is not possible, your session will be refunded or rescheduled.
14.4 Sessions will last up to 1 hour unless otherwise stated and shall start at the scheduled time.
14.5 Sessions will not be extended due to lateness of the client or due to interruptions caused by the client.
14.6 Sessions must be paid for in advance before the session commences by Debit/credit card online or via telephone directly to a staff member.
14.7 Refunds will not be given due to illness, injury or non participation.
14.8 Rates and prices can vary at any time at the discretion of Henrietta Street Gym Limited
14.9 Freelance PTs are not employees of the ‘Company’ but are self-employed, independent, freelance trainers. Members/Clients acknowledge that in engaging/booking a Freelance PT they are entering into a contract with him / her alone and not with the ‘company’ or any of its subsidiary companies, and that any claim they may have to recover any fees paid in advance will be solely against the trainer to whom payment was made.
1.1 Payments for classes, passes, workshops, programmes and products in any amount are non-refundable and non-exchangeable unless otherwise stated in the Terms and Conditions. If a package is bought and only part used there will be no refund available for the remaining sessions
1.2 Retail stock such as gloves, hand wraps and any boxing equipment has a 14 days refund or exchange policy.