TERMS AND CONDITIONS

1.These terms

1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.

1.2 Why you should read them. Please read these terms carefully before you sign these terms. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are Eley Fitness Limited a company registered in England and Wales. Our company registration number is 09699640 and our registered office is at The Masters House, 92A Arundel Street, Sheffield, S1 4RE.

How to contact us. You can contact us by telephone at 01629 814551 and 07568140334 or by writing to us at ed@eleyfitness.co.uk and Unit 2B, Station Yard, Station Road, Bakewell, Derbyshire, DE45 1GE

How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.

"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

 

3.Your rights to make changes

If you wish to make a change to the services provided in accordance with these terms please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

 

4.Our rights to make changes

4.1 Minor changes to the services. We may change the services provided:

(a)             to reflect changes in relevant laws and regulatory requirements and

(b)             to implement minor adjustments and improvements

 

 

4.2 More significant changes to the services and these terms. In addition, we may make more significant changes to these terms or the services but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:

 

5.Providing the services

 

5.1 When we will provide the services. We will supply the services to you from the purchase date up to and including a period expiring 3 months from the purchase date.

 

5.2 We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the services and receive a refund for any services you have paid for but not received.

 

5.3 What will happen if you do not provide required information to us. We will need certain information from you so that we can provide the services to you. We will contact you to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a

result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

 

5.4            Reasons we may suspend the services. We may have to suspend the services to:

 

(a)             deal with technical problems or make minor technical changes;

 

(b)             update the services to reflect changes in relevant laws and regulatory requirements;

 

(c)             make changes to the services as requested by you or notified by us to you

 

 

5.5            Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 7 days in a 30 day period we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract if we suspend the services, or tell you we are going to suspend them, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for services not provided to you.

 

5.6            We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid amount. We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments. 

 

6. If there is a problem with the services

6.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us at 01629 814551 and 07568140334 or by writing to us at ed@eleyfitness.co.uk and Unit 2B, Station Yard, Station Road, Bakewell, Derbyshire, DE45 1GE

 

7. Price and payment/ set-up fees

7.1 Where to find the price for the services. The price of the services will be the price set out and agreed at the purchase date unless we have agreed another price in writing. We take all reasonable care to ensure that the prices of services advised to you are correct.

 

7.2 There are no set-up or joining fees with our standard memberships, please not this may differ with offers.

 

7.2 When you must pay and how you must pay.

Account Name- Eley Fitness Limited Sort Code-09-01-29 Account Number- 40222583

You must pay within 7 calendar days after the purchase date. We accept payment with Cash, Cheques made payable to ‘Eley Fitness Limited’ or bank transfers. 

 

 

7.3 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 1% a month above the base lending rate of Natwest Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether

before or after judgment. You must pay us interest together with any overdue amount.

 

7.4 What to do if you think the price is wrong. If you think the price is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

 

8. How we may use your personal information

 

8.1 How we will use your personal information. We will use the personal information you provide to us to:

(a)             provide the services;

 

(b)             process your payment for such services; and

 

8.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.

 

9a. Cancellation/Lateness Policy Personal Training:

9.1. Eley Fitness Limited operates a 48 hour cancellation policy, In the event of cancellation the Personal Trainer must be notified 48 hours in advance of scheduled sessions. You must receive confirmation of cancellation from the company, this session will be charged in full.

 

9.2. If you do not appear for a scheduled appointment or fail to give 48 hours’ notice, you will be charged for that session in full.


9.3. If we (Eley Fitness Limited) cancel or are late to a scheduled appointment or fail to give you 48 hours’ notice for events not outside our control, you will receive that session plus an additional session for free to apologise.

 

9.4. We ask that you please call/text if you are going to be more than 5 minutes late for a session to ensure you keep your appointment slot.

 

9.5. Refunds will not be given due to illness, injury or non-participation (unless 48hrs notice is given)

 

9.6. If the client arrives more than 15 minutes late for a scheduled appointment, the trainer may leave the premise and the appointment will be forfeited.

 

9b. Cancellation/No Show Policy Group Classes:

9.1. Eley Fitness Limited operates a 2-hour cancellation policy with their group classes. These sessions must be cancelled via the app and you must receive confirmation of cancellation from the company. If this cancellation falls within the 2-hour cancellation period, or you do not show to this class there is an additional £5 charge for this.

 

 

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

(a)             you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

 

(b)             you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services

 

(c)             in the event of cancelling 4 times or more within a 30 day period then your contract may be reviewed to continue with your regular slot.

 

10.2          You must compensate us if you break the contract. If we end the contract we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you £10 as compensation for the net costs we will incur as a result of your breaking the contract.

 

10.3 We may stop providing the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 14 days in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.

 

11. Your rights to end or temporarily freeze the contract

11.1 As a benefit to membership, we offer the opportunity to temporarily suspend or ‘freeze’ your membership in the event of prolonged absence such as serious illness or injury. This benefit is for monthly direct debit memberships only. This benefit is for full calendar months only and available for a minimum of 1 calendar month up to a maximum of 6 calendar months. It carries a reduced fee of £5 per member per month*.

 

11.2 You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.

 

11.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:

 

(a)             we have told you about an upcoming change to the services or these terms which you do not agree to.

(b)             we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;

(c)             there is a risk the services may be significantly delayed because of events outside our control;

(d)             we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 2 weeks; or

(e)             you have a legal right to end the contract because of something we have done wrong.

 

11.3 What happens if you end the contract without a good reason. Unless you have a right to end the contract immediately the contract will not end until [30] days after the day on which you contact us. We will refund any advance payment you have made for services which will not be provided to you. For example, if you tell us you want to end the contract on 4 February the services will stop on 3 March. We will only charge you for services up to 3 March and will refund any sums you have paid in advance for services after 3 March.

 

12.CHILDREN Policy (0-16years)

12.1. Any children who are brought onto the premises are entirely the parent/carers responsibility. 

 

12.2. Children are only allowed in the secured waiting room and must behave/act responsibly and any damages that are incurred are to be paid for by the parent/carer.

 

 

13.Loss/Theft/Damage Policy

13.1. Eley Fitness Limited do not accept any responsibility/liability for any loss, theft or damage to your personal belongings unless it is caused by our (Eley Fitness Limited) negligence.

 

13.2. We strongly recommend that you do not bring any valuable possessions to the premises.

 

14.Car Parking

14.1. If parking is available at our premises, you must park your car in only one of the four marked Eley Fitness Limited spaces.

 

14.2. We cannot guarantee that parking is always available, if they are full, please park on the side road or the public car park behind our premises.

 

14.3. YOU MUST NOT park in any other companies designated parking spaces.

6d. Cars are left at your own risk, Eley Fitness Limited are not liable or responsible for any loss or damage to your vehicle unless caused by our negligence.

 

14.4. You can only park your car at the premises whilst taking part in your training session.

 

15.Etiquette

15.1. When on site we ask that members and their guests should be suitably dressed whilst using Eley Fitness’ Limited facilities.  In particular clean training shoes must be worn at all times in the gymnasium.

 

15.2. Members and their Guests should use the equipment and facilities in accordance with the advice given by staff and/or by notices suitably posted.  Members and guests shall not abuse the equipment or facilities of the club and any member or guest who wilfully or negligently causes such damage shall pay for any damage to the property.

 

15.3. Smoking is not permitted in any part of the premises or the outside perimeter.

 

 

15.4. If you suffer from any medical complaints, please consult a GP prior to participating in any activity.

 

15.5. Glass bottles and drinking glasses are not permitted in the building.

 

16.Liabilities

16.1. The member warrants and represents that they are in good physical condition and that they know of no medical or other reason why they are not capable of engaging in active or passive exercise and that such exercise will not be detrimental to their health, safety, comfort or physical condition. In the event that you or your guest has any reservations in relation to any physical condition you are required to seek independent medical advice prior to embarking upon any exercise. You & your guest must notify a member of staff at Eley Fitness Limited of any medical condition, which may affect your ability to use the facilities or partake in sessions.  

 

16.2. All members and guests must understand that there are inherent risks in participating in any programme of strenuous exercise. If you sustain or claim any injury while participating in training you acknowledge that the trainer is not responsible,

except where the injury was caused by his/her gross negligence on intentional act. Therefore, all members should make their own arrangements in respect of insurance to cover injuries suffered by them or caused by them to any third party, as Eley Fitness Limited accept no liability for any accident, injury or misadventure.

 

17.Holidays

17.1 Various bank holidays may differ, please see the manager for details.

 

17.2 Eley Fitness Limited reserves the right to vary the opening and closing hours over the Christmas period or at any other time upon reasonable notice.

 

18.Health and Safety

18.1. To protect the health and safety of any person visiting the premises, we ask you pay attention to all notices and signs relating to health and safety.  If you do not understand a notice or sign, please ask a member of staff. To see our health & safety commitment statement please ask a member of staff.

 

18.2. Your Trainer has completed and holds a current certificate for emergency first aid at work approved by the Health and Safety Executive and your Trainer has £5 million public liability insurance cover.

19.Fire

19.1. Fire exits are clearly marked throughout the premises and you must not interfere with them.  If the fire alarm goes off, you must leave the premises through the nearest safe exit and make your way to the assembly point.

 

20.General

20.1. Your training on occasion may be filmed or pictures taken for marketing purposes, unless you tell us you are not comfortable with this. Your participation in a Session means you consent to photography, filming and sound recording which may include you as a Client and its use in commercial distribution without payment or copyright. Please inform us if you do not wish for your images to be shared.

 

20.2. Rates and prices can vary at any time at the discretion of the Eley Fitness Limited.

 

21.Which laws apply to this contract and where you may bring legal proceedings.

 

These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

I agree that I have read, understand and agree to the Terms and Conditions outlined by Eley Fitness Limited.  I also acknowledge all data is held securely by Eley Fitness Ltd. Data will be treated confidentially and will not be disclosed to external organisations, other than those acting as trainers or business associates for Eley Fitness Ltd for the safeguarding of your Health and wellbeing.