Klick Fitness Membership Terms and Conditions

Please take the time to read these terms and conditions before committing to membership as you will be bound by them.

Comprehensive details about our clubs, facilities, membership types and policies can be found on our website www.klickfitness.com.

1. Membership

Joining

1.1 Access to club begins on your desired start date (subject to acceptance by us).

1.2 You agree to provide a valid email address, update your personal details whenever they change and take responsibility for managing your membership in the members’ area of our website.

1.3 You must be at least 18 years old to join.

1.4 You cannot transfer your membership.

1.5 We reserve the right to refuse membership.

Membership types, fees and notice provisions

1.6 Your membership allows you to access your home club (which is the club to which you applied for membership) or other Klick Fitness clubs (if you have applied for reciprocal membership) in accordance with the type of membership option that you have selected below.

1.7 You agree to pay all membership fees and charges on time and for the minimum period.

1.8 Note: Members must pay a non refundable joining fee if specified in the online application form. Your first Direct Debit payment will include any joining fee and any pro rata fees due up to the end of the month in which you join should you wish to join prior to the 1st day of any calendar month.

1.9 Monthly contract

This contract entitles you to use all free facilities at your Home club on a month by month basis at the agreed monthly rate payable and on the dates outlined in your online joining application and confirmation email.

1.9.1 Your first month’s membership fees will be paid on the first Direct Debit payment date (together with any joining fee and pro rata payment) indicated in your online joining application and confirmation email. Membership fees are normally payable on or just after the first day of each calendar month, one month in advance. For those joining after the 15th in any month, your first payment date will be on the 15th of the following month and thereafter on the first of the month. The monthly membership fee will be automatically debited which effectively extends your membership by one month each payment. Payments are non refundable.

1.9.2 To cancel, simply stop your Direct Debit. Please note: it is your responsibility to cancel with your bank and unless you do so Direct Debits will continue to be paid to us which will not be refunded. We would appreciate you notifying us of your decision to cancel in the members’ area of our website. You can use the Home club facilities until the end of the month for which your final Direct Debit has been paid when your PIN will be invalidated.

1.9.3 Membership fees may be increased at our discretion subject to giving you 30 days written notice by email. Fees will be increased in line with any VAT increases in accordance with clause 1.12.

1.9.4 You can freeze your membership at any time in the members’ area of our website subject to paying a reduced freeze rate (details of the prevailing rates can be found on our website) but you will not be allowed access to our clubs.

1.9.5 When you reactivate your membership on line, your membership fees will restart at the prevailing monthly rack rate for your Home club or the reciprocal monthly fee if you had reciprocal membership when you opted to freeze.

1.9.6 If any Direct Debit is returned unpaid we will assume you have cancelled your contract and you will be required to rejoin and pay a fresh joining fee if you wish to continue using the facilities.

1.9.7 Founder Members monthly membership fees will not be increased until the 13th
Direct Debit payment is due when the fees will automatically be increased to the prevailing monthly home club or reciprocal membership fee rate depending on the type of membership in place during the first 12 months. Details of membership fees can be found on our website. Direct Debits will continue at the revised rate until the member cancels in accordance with clause 1.9.2 or fees are increased under clause 1.9.3. Please note that if a Founder member freezes during the first 12 months of membership then the prevailing freeze rate for all members will apply but when the membership is reactivated, provided the member is still within the initial 12 month term of the contract the Founder Member membership rate will continue to apply until the automatic increase in month 13.

1.10 12 month prepaid contract

This contract entitles you to use all free facilities at all Klick Fitness clubs for 12 calendar months (from the desired start date -if it is the first of the month or the 1st of the month following the start date if later) at the agreed rate payable by a one off lump sum payment in advance as outlined in your online membership application and confirmation email.

1.10.1 The total 12 months membership fee (together with any joining fee and pro rata payment) will be taken by Direct Debit payment on the date indicated on your joining application and confirmation email.

1.10.2 At the end of your 12 months contract your membership will automatically continue for a further 12 month minimum term at the prevailing “12 month prepaid rate”. We will notify you by email in the 10th month of your contract of the cost of a new 12 month prepaid contract and of your right to cancel. Unless we receive a cancellation email from you at least 1 calendar month prior to the end of your 12 month prepaid contract a payment for the full amount of a new 12 month contract will be taken by Direct Debit on or just after the 1st day of the month following the last day of the expired contract. We will use the bank details supplied at the time of your initial joining or as updated in the members’ area.

1.10.3 You cannot get a refund if you decide to leave before the end of the minimum 12 months contract even if you do not use the facilities subject to clause 1.10.5.

1.10.4 We will not increase your membership fees during your prepaid membership term.

1.10.5 You may cancel your contract for genuine and relevant medical reasons subject to forwarding supporting professional documentation. A refund of fees (less an administration fee of £20) will be made from the date of receipt of the satisfactory medical evidence (or your last use of the facilities if later) until the end of the prepaid term. All requests for cancellations must be made online in the members’ area where detailed instructions on how to cancel can be found.

1.11 12 month contract

This contract entitles you to use all free facilities at the Klick Fitness club of your choice (or all of the clubs if you select reciprocal usage) for 12 calendar months (from the desired start date -if it is the first of the month or the 1st of the month following the start date if later) at the agreed monthly rates payable and on the dates outlined in your online joining application and confirmation email.

1.11.1 Your first month’s membership fees will be paid on the first Direct Debit payment date (together with any joining fee and pro rata payment) indicated in your online joining application and confirmation email. Membership fees are normally payable on or just after the first day of each calendar month, one month in advance. For those joining after the 15th in any month, your first payment date will be on the 15th of the following month and thereafter on the first of the month. Thereafter the monthly membership fee will be automatically debited. Payments are non refundable.

1.11.2 Your membership will automatically continue at the end of the 12 months minimum term and we will continue to collect your monthly Direct Debit each month unless you email us to cancel giving one clear calendar months notice prior to the end of the 12 month term. If you remain a member your membership will be extended by one month for each Direct Debit payment paid at the same monthly contract rate you paid during the 12 month contract unless and until you cancel your Direct Debit. You can use the Home club facilities until the end of the month for which your final Direct Debit has been paid when your PIN will be invalidated.

1.11.3 You cannot cancel your membership before the end of the minimum 12 months contract and you will be charged even if you do not use the facilities subject to clause 1.11.6 below.

1.11.4 We will not increase your membership fees during your 12 month minimum membership term (except in accordance with clause 1.12) and will give you 30 days notice of any fee increase once your contract has rolled over after the 12 month minimum term.

1.11.5 If you fall into arrears, in addition to our right to terminate your contract (in accordance with clause 3.3) we may levy a reasonable administration charge each time we fail to collect your monthly fees and add this to your arrears and/or suspend your membership until the arrears have been cleared and /or seek to recover the arrears including by reference to a debt recovery agency and make an administrative charge of £20 for doing so. The reasonable costs incurred in tracing you should you have failed to advise us of your change of address will also be borne by you.

1.11.6 You may cancel your contract for genuine and relevant medical reasons during the 12 month minimum term subject to forwarding supporting professional documentation. A refund of fees paid but not used will be made (less an administration fee of £20) from the date of receipt of the satisfactory medical evidence or your last use of the facilities if later. All requests for cancellations must be made online in the members’ area where detailed instructions on how to cancel can be found.

1.12 If the VAT rate is increased we reserve the right to increase your monthly fees in line with the increased rate of VAT from the date of increase subject to giving you 30 days advance notice by email. We will not seek to recover the increase in VAT from members who have a 12 month prepaid contract.

1.13 Reciprocal use

1.13.1 All 12 month prepaid, 12 month contract and monthly members who have opted to pay the additional reciprocal fee can use any Klick Fitness club (details of which can be found on the Klick Fitness web site) for the duration of their membership but we reserve the right to change the arrangements for reciprocal use subject to giving you 30 days notice where reasonably practicable.

1.13.2 Facilities offered by us will differ from club to club and may change from time to time.

2. Your cancellation rights

2.1 All payments made are non refundable except in relation to the Direct Debit money back guarantee.

2.2 You may cancel your membership for any reason within 8 days of the day we send our membership confirmation email and we will give you a full refund PROVIDED YOU HAVE NOT USED ANY OF OUR CLUBS within the 8 day period. You will be deemed to have used a club if you use your PIN. Please note that if you do choose to use the PIN you will be taken to have agreed to waive your right to cancel.

2.3 Cancellation is only acceptable if received by us in writing and preferably due to the speed of notification by email but can be by post, by fax or hand delivered to our head office. Full contact details are available on our website. We strongly advise you to keep proof of cancellation. We will send a refund to the bank account from which any Direct Debits have been taken.

2.4 You may cancel your membership if we are in material and continued breach of contract whereupon we will refund membership fees already paid in respect of the period from the date of the final breach.

2.5 We will not compensate you if we have failed to provide our services due to a fault attributable to you, a third party not connected with providing our services or events which were outside our control.

3. Termination by us

We may cancel your membership with immediate effect;

3.1 If you commit a material breach of this contract (which would include circumstances where your PIN is used by another person) or Club Rules (which are prominently posted at each club and available on our website) or if in our reasonable opinion continued membership is likely to be against the interests of any club eg abusive or threatening behaviour, vandalism, drunkenness, drug abuse or illegal activity.

3.2 In any such circumstances further access will be precluded and your PIN invalidated and no pre paid fees will be repayable by us to you and all fees due under the Agreement will remain payable.

3.3 If your membership fees or other charges remain unpaid 7 days after the due date, provided we give you written notice of the breach and you have not remedied it within 7 days of the notification date.

3.4 If your Home Club permanently ceases to operate whereupon we will provide a pro rata refund for membership fees paid in respect of any period after the termination date.

3.5 Termination of your contract in any of these circumstances (except 3.4) will make you ineligible for membership of any Klick Fitness club or any club in which Fitness First Clubs Limited has a business interest. Your personal data may be disclosed to any such club as may be necessary to administer this rule.

4. Club Usage

4.1 You warrant that you are in good health and capable of training and will abide by your commitments to us outlined in the Health Commitment Statement displayed on our website. If you have any doubts about your fitness or your capability to undertake physical exercise we strongly recommend that you take independent medical advice before undertaking any or continuing to take exercise. You agree to stop using our facilities and equipment and inform us if your health changes and seek medical advice. In turn we agree to honour our commitment to you set out in the Health Commitment statement.

4.2 You must not use any club if you are suffering from any infection or contagious illness.

4.3 We strongly recommend that you participate in the group induction offered to every member upon joining before commencing use of our facilities.

4.4 Access to our clubs is automated and by means of a PIN (personal identification number). It is strictly prohibited to allow your PIN to be used by anyone else. Use of the automated entry system will be monitored by CCTV cameras. If you feel the security of your PIN has been breached or you have forgotten your PIN then it is your responsibility to apply for a new one via the Klick Fitness website.

4.5 Access is permitted during normal opening hours (posted at each club) which we may at our discretion alter but we will endeavour to give 1 weeks’ notice except where the change is temporary. You are required to observe our clubs’ closure procedures.

4.6 We reserve the right to temporarily restrict access if in the interests of health and safety.

4.6 We reserve the right to temporarily close clubs or certain areas for maintenance, repairs to equipment or premises, refurbishment, cleaning or local emergencies.

4.7 You must comply with the Club Rules which are displayed prominently in each club and available on our website.

4.8 We may refuse entry or ask you to leave if we reasonably suspect you to have broken Club Rules and no refund will be given.

4.9 You are responsible for ensuring you correctly operate or use any facility and/or equipment (including adjusting levels or settings). You must consult our staff before use if you are in any doubt. Some areas are unsupervised and we do not accept liability for any harm or injury to you whilst using these areas or our facilities or equipment unless caused by our employees, agents, subcontractors or our negligent act or omission.

4.10 Personal Trainers (PT) operate in our clubs on a self- employed basis. Any service they provide to you constitutes a contract between the PT and you rather than us. We accept no responsibility for breach of contract or negligence caused by a PT.

4.11 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.

4.12 Lockers are provided on a first come first served basis. We strongly recommend you use the lockers provided and attach a suitable good quality padlock. We do not undertake that the use of a locker will guarantee that no theft or damage to your property will occur. It is your responsibility to secure your personal possessions on your person or in a padlocked locker and avoid bringing high value items to the club. Please ensure you personally have in place suitable and adequate insurance in the event of any theft or damage to your property at club. Items left in lockers or around the club are entirely at your own risk unless any loss, damage or theft is caused by the negligence of Klick Fitness, its employees, agents or sub-contractors. We reserve the right to open and search lockers if we believe, on reasonable grounds, that they contain prohibited items. Lockers will be emptied each night (forcibly if necessary) and contents stored for a reasonable period appropriate to their value but will then be deemed abandoned goods and disposed of. We may levy a reasonable storage and /or disposal fee.

5. Miscellaneous

5.1 We may assign or transfer the benefit of this contract and our rights under it at any time to a third party without notice to you and your rights under the contract will not be prejudiced but any rights you may have to reciprocal use may be modified.

5.2 We reserve the right to make minor changes or modifications to our Club Rules or these terms and conditions without notice in writing to you. All varied Club Rules or terms of this contract will be displayed at our Clubs or on the Klick Fitness website.

5.3 Failure on our part to enforce any of our rights under this contract will not be construed as a waiver nor will a failure to act on your breach of any terms of this contract be counted as us accepting that your behaviour is acceptable.

5.4 Relevant United Kingdom law will apply to this contract and the relevant Courts of the UK shall have exclusive jurisdiction.

5.5 For information about how we will use your personal information please see our privacy policy on our website.

5.6 All enquiries or complaints in the first instance should be sent to us via www.klickfitness.com.

5.7 Written notices under this contract should be sent by you to Klick Fitness using our email address (except where you exercise your rights under clause 2.2 where the other methods of notification listed are acceptable). Wherever practicable, notices from us to you will be by email or as a last resort your home address provided by you in the members area. Postal notices shall be deemed served 3 days after posting or on the date of receipt if received by recorded delivery.

5.8 Klick Fitness is part of Fitness First Clubs Limited whose registered office is P.O. Box 75252 Poole, Dorset BH15 9ES.

5.9 Please note that we have the ability to retain any data that you provide on this website, even if you do not complete your [registration/transaction] by clicking [submit/next]. Such contact details and data may be used [state purpose(s) e.g. to contact you to enquire why you did not complete your [registration/transaction].