Classes: health/fitness classes in the Home Club's class timetable, which may be subject to change from time to time.
Contract: your Membership Agreement and these Teen Membership Rules (including the Teen Member Sign up Rules), copies of which are available from the kiosk at one of our gyms.
Fixed Term: the length of your Contract as set out in your Membership Agreement.
Gym Etiquette and Code of Conduct: the standards of behaviour required for safe and acceptable use of our gyms, as displayed in our clubs.
Gym Facilities: means the gymnasium area of the club and the provision of Classes.
Home Club: the club named as such in your Membership Agreement.
Member: a member of any SportsDirectFitness.com club (including Teen Members).
Membership Agreement: your membership agreement, which sets out, among other things, your Monthly Fee.
Membership Fees: the charges payable for the Teen Member's category of membership as set out in your Membership Agreement.
Membership Support Team: our membership support team, contactable by speaking to one of our employees at the club or by sending a message via the contact page on the Sportdirectfitness.com website (or such other address as we provide from time to time).
Monthly Fee: if paying monthly by Direct Debit, the monthly payment of your Membership Fee as set out in your Membership Agreement.
Physical Activity Readiness Questionnaire: the questionnaire to be completed by each Teen Member and Parent/Guardian before commencing physical activities.
Rolling Term: if you pay monthly for a Fixed Term Contract, any period for which your Contract extends under clause 6.2.2.
Services: the usage of our Gym Facilities and, if applicable, Classes.
Teen Membership: means membership for an individual who is aged 14 or 15 years old.
Upfront Fee: if you choose to pay in advance for a Fixed Term Contract, the amount payable upfront as your entire Membership Fee as set out in your Membership Agreement.
Parent/Guardian: a parent or guardian of the Teen Member (as defined in section 3 of the Children Act 1989).
Parental Consent: a statement of consent in the form at the end of this document signed by the Teen Member's Parent/Guardian.
Teen Member: a member of a SportsDirectFitness.com club who is aged 14 or 15 years old.
Sunbed Health and Safety Policy: the health and safety policy in place regarding the possible dangers and safe practice of indoor tanning, as displayed in our clubs.
we/us/our: Sportsdirect.com Fitness Limited.
you/your: the named user entering into the Contract with Sportsdirect.com Fitness Limited.
2.1 Your Contract, and the Teen Member's membership, will commence once:
2.1.1 you have indicated your acceptance in the declaration section of the kiosk signup process;
2.1.2 you pay any joining fees and the first Monthly Fee;
2.1.3 you agree to pay the remainder of the Membership Fees; and
2.1.4 we have fully signed copies of the Parental Consent and Teen Sign Up Rules
and shall continue in force for the Fixed Term as set out in your Membership Agreement.
2.2The Teen Member will be entitled to all the rights and privileges exercisable for the type of membership that you have chosen, subject to the exclusions set out in these Teen Membership Rules.
2.3 The Teen Member shall not be permitted to use the following equipment or attend the following Classes at any time:
2.3.1 free weights; or
2.3.2 BODYPUMP class.
If your chosen membership option includes access to Classes, the Teen Member will not be permitted to attend any of the Classes that are listed above, or any other Classes that we may at any time, in our reasonable discretion, deem to be inappropriate or unsafe for Teen Members. If your chosen membership does not include access to Classes, you must pay an additional fee in order for the Teen Member to participate in any Classes (subject to the exclusions set out above). All Classes are subject to availability and/or limits on the number of places available, and do not include personal training.
2.4 If a Teen Member participates in personal training:
2.4.1 this must be with a personal trainer who is operating under a licence at Sportsdirectfitness.com and who is appropriately qualified to train a Teen Member;
2.4.2 you must complete the client declaration under which the personal trainer operates; and
2.4.3 you must accompany the Teen Member during their personal training session(s).
2.5 The Teen Member shall not be permitted to use the sunbeds (where provided).
2.6 Unless otherwise agreed with us, the Teen Member may use the Services at the Home Club only.
YOUR RIGHT TO CANCEL YOUR CONTRACT WITHIN 14 DAYS
You have 14 full days after signup to cancel your Contract for any reason. To exercise this right you must inform us of this in writing (including email) to the addresses set out at the top of these Teen Membership Rules. You can use the cancellation form at the end of these Teen Membership Rules but it is not obligatory. If you exercise this right to cancel we will reimburse you all joining and Membership Fee payments received from you no later than 14 days from the day on which we are informed about your decision to cancel your Contract, using the same means of payment you used for the initial transaction. If the Teen Member has used the Services before your request to cancel then we will reduce your Membership Fee refund by a pro-rata amount equal to the number of days from signup to the date cancellation was requested.
4.1 An application to become a Teen Member can only be made at the kiosk in the Teen Member's Home Club. Teen Members are not able to apply for membership online. Acceptance of an application for membership is solely at the discretion of the club management and reasons need not be given for refusal.
4.2 You agree to comply with and be bound by these Teen Membership Rules, and shall procure that the Teen Member complies with these Teen Membership Rules, the Teen Sign up Rules our Gym Etiquette and Code of Conduct, [Sunbed Health and Safety Policy, ]and Pool Protocol.
4.3 You acknowledge and agree that this Contract is to allow the Teen Member only to use the Services (subject to the terms of this Contract) and does not permit you to use the Services.
4.4 The Teen Member's membership is personal to the Teen Member. You and/or the Teen Member must not share, sell, lend, or otherwise allow another person to use, the Teen Member's membership card. If you and/or Teen Member is found to be doing so, the membership shall be revoked.
4.5 The Teen Member may enter the club no later than 45 minutes before closing.
4.6 The Teen Member must complete a Physical Activity Readiness Questionnaire before commencing gym activities. You must also sign the Physical Activity Readiness Questionnaire.
4.8 You acknowledge that we may make reasonable changes to the codes, protocols and policies applicable to the clubs at any time and at our discretion provided that we give you advance notice of the changes.
4.9 You agree to advise us promptly of any change to your (or the Teen Member's) details, as provided on your Membership Agreement.
APPLICATION OF CONDITIONS AND OUR OBLIGATIONS
5.1 These Teen Membership Rules shall prevail over any inconsistent terms or conditions contained or referred to in your Membership Agreement or implied by law, trade custom, practice or course of dealing. This will not change your statutory rights.
5.2 We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services.
5.3 We shall notify you and/or the Teen Member of any changes in the manner we deem most appropriate, which may include emails, updates to our website or signs within the clubs, as the case may be.
5.4 We shall use reasonable endeavours to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.
5.5 Time shall not be of the essence for our performance of the Services under the Contract.
5.6 Any complaints should be brought to the attention of a member of staff. Any complaints unresolved at the time of the incident shall be referred to and dealt with by the club manager.
MEMBERSHIP FEES AND CHARGES
6.1 You agree to pay the Membership Fees for the Fixed Term in accordance with your Membership Agreement. Unless we agree otherwise, you shall pay the joining fee as set out in your Membership Agreement.
6.2 The joining fee and first Monthly Fee are each payable immediately and the joining fee and first Monthly Fee are not refundable other than due to cancellation under Clause 3 (Right to Cancel) of these Teen Membership Rules.
6.3 You cannot transfer the Teen Member's membership to another person but we may, at our discretion, give you the option to change the Teen Member's Home Club.
6.4 Harlands Services Limited administers our Direct Debit payments. The name "Harlands Services Limited" will therefore appear on your bank/building society statement next to your payments.
PAYMENTS UNDER YOUR CONTRACT
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION
7.1 You acknowledge that you are entering into a Fixed Term commitment with us and that you are benefitting from a substantial discount against the equivalent pricing for a rolling term contract over the same term. You confirm that you have entered into this commitment in full consideration of any likely changes in your own (or the Teen Member's) personal circumstances over the Fixed Term and acknowledge that the Contract can only be cancelled, or refunds given, in very limited circumstances (see Clauses 11 and 12).
7.2 Your Fixed Term Contract will not automatically renew but we will contact you in advance of its expiry to discuss renewal and payment options.
7.3 The Direct Debit payment amount is due from you to us. You must make Direct Debit payments for the duration of your Contract as stated in your Membership Agreement.
7.4 Direct Debits are collected on the 1st day of every month and every month thereafter. If you sign up on a date other than the 1st day of the month, you will be required to make a pro-rata initial payment for the first part month, calculated from the sign up date to the 1st day of the next month, when the first full Monthly Fee will be collected. You will then pay a pro-rata payment on the final month of the Contract.
7.5 You must make every Direct Debit payment regardless of the Teen Member's non-attendance, except where you cancel your Contract in accordance with its terms.
7.6 If you fail to pay any monies due under your Contract or if any Direct Debit is returned unpaid (or any cheque is returned unpaid or if any other form of payment is not honoured) for whatever reason, we may at our discretion refuse the Teen Member entry to our clubs and/or charge you an administration fee of up to £25 to cover our costs of seeking such payment from you.
REFURBISHMENT AND REPAIR
8.1 You acknowledge that it may be necessary for us to close all or parts our clubs from time to time to carry out refurbishments or repairs and that this may disrupt our provision of the Services. Subject to Clause 8.2, you agree that any such disruption shall not constitute a material breach of the Contract. We will always take care to minimise any inconvenience caused.
8.2 If the Home Club is closed for an extended period, we will use our best efforts to provide the Teen Member with suitable alternative facilities for the duration of the closure. Where we are unable to do so, we may, at our discretion, refund a proportion of your Membership Fees already paid that relate to the period of closure and/or add any closure period onto the end of your Fixed Term as appropriate.
LIMITATION OF LIABILITY
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION
9.1 Nothing in your Contract shall limit or exclude our liability:
9.1.1 for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
9.1.2 for fraud or fraudulent misrepresentation;
9.1.3 to pay reasonable compensation should you or the Teen Member suffer loss or damage caused by our negligence; or
9.1.4 for any liability that cannot be limited or excluded by law.
9.2 Subject to Clause 9.1 above, this Clause 9 sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and subcontractors) to you (and the Teen Member) in respect of:
9.2.1 any breach of the Contract;
9.2.2 any use made of the Services; and
9.2.3 any representation, statement, tortious act or omission arising under or in connection with the Contract.
9.3 We shall not be liable for any services offered by any third parties including personal trainers who are self-employed.
9.4 Subject to the other provisions of this Clause 9, we shall not be liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
Subject to Clauses 9.1 to 9.4 inclusive, our total liability in connection with the performance, or contemplated performance, of the Contract, shall be limited tothe total Membership Fees payable under the Contract.
9.5 Teen Members must either secure their personal belongings on their person or secure them in a locker provided by us. Subject to Clause 9.1 above, on every occasion the club is used, we, our employees, agents and subcontractors will not be liable for any loss, damage or theft of any property brought onto any of our premises either secured or not secured in a locker.
9.6 The above limitations do not affect your statutory rights.
CANCELLATION BY US
10.1 Without prejudice to any other rights or remedies which each party may have, we may cancel the Contract immediately on giving notice to you if you and/or the Teen Member are in breach of these Teen Membership Rules.
10.2 We may cancel your membership immediately should you and/or the Teen Member harass, threaten or abuse our staff or other Members of our clubs, maliciously damage our property, or should you and/or the Teen Member commit any illegal act whilst on our facilities.
CANCELLATION BY YOU
11.1 Cancellation: You may cancel your Contract within the cancellation period as set out in Clause 3 of these Teen Membership Rules.
11.2 You many also cancel your Contract in the event of certain circumstances that are beyond your reasonable control, as follows:
11.2.1 Relocation: in the event that the Teen Member's permanent address is changed and is located more than 10 miles away from one of our clubs, upon appropriate evidence being provided and received by us.
11.2.2 Long term (over three months) illness or injury: in the event of an illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits the Teen Member from exercising for a period of three consecutive months or longer, upon appropriate evidence of such illness, injury or medical condition being provided.
11.2.3 Redundancy: where you have been made redundant from your employer or otherwise lose your job, upon appropriate evidence of redundancy or proof of entitlement to jobseeker's allowance being provided.
11.2.4 At our discretion: if none of the above circumstances in Clauses 11.2.1 to 11.2.3 apply and you and/or the Teen Member are affected by other unforeseen extenuating circumstances we may (at our discretion and on an individual basis) consider a request by you to cancel your Contract. Any such request must be made to the Home Club manager.
Please note – any Cancellation under Clause 11.2 will not be effective until the appropriate supporting evidence is provided and received by us (in writing to your Home Club). Any refunds appropriate to such cancellation shall be dealt with in accordance with Clause 12.
11.3 Any cancellation of your Contract under Clause 11.2 shall be subject to a £25 administration fee.
11.4 You may cancel your Contract if an Event Outside our Control (see Clause 14) continues for a period of 3 months.
11.5 You may cancel your Contract if:
11.5.1 we significantly reduce the facilities or opening hours of the Home Club;
11.5.2 we change the location of the Home Club; or
11.5.3 we change any other significant term of the Contract to your, or the Teen Member's, detriment.
11.6 We will give you no less than 2 months' notice of any such change.
12.1 If you cancel your Contract under Clause 3 of these Teen Membership Rules, we will refund in full all joining fees, Membership Fees and any applicable administration fees.
12.2 Joining fees and administration fees are only refundable if your Contract is cancelled under Clause 3 of these Teen Membership Rules. Joining fees and administration fees are not refundable in any other circumstances.
If your Contract is cancelled under Clause 11.4 or 11.5, you shall be entitled to receive a pro-rata refund of any Membership Fees already paid for the remaining period Fixed Term.
12.3 If your Contract is cancelled under Clause 11.2, your Contract will end at the end of the calendar month of your last payment. No refund of payments already made shall apply.
13.1 We may assign the benefit of your Contract and our rights thereunder to a third party on notice to you. Your rights under your Contract will not be prejudiced. You may only transfer your rights and obligations under your Contract if we agree in writing.
13.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Teen Membership Rules that is caused by an Event Outside our Control.
13.2.1 An "Event Outside our Control" means any act or event beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks).
13.2.2 If an Event Outside our Control takes place that affects the performance of our obligations under these Terms:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control. Where the Event Outside our Control affects our performance of Services, we will restart the Services as soon as reasonably possible after the Event Outside our Control is over.
13.3 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
13.4 Unless set out in these terms, any notice or other communication to be given under the Contract must be delivered in writing to us at the addresses set out at the top of this Membership Agreement, or any such addresses as may be notified by a party to the other, in writing, from time to time.
13.5 A person who is not a party to the Contract shall not have any rights to enforce its terms. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under these Teen Membership Rules are not subject to the consent of any other person (including the Teen Member).
13.6 If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.7 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
14 Day Cancellation Form
You can use this form to cancel your Contract under Clause 3 of the Teen Membership Rules, but it is not obligatory. If you wish, you can simply contact us using the details below or by calling the Club.
Sportsdirect.com Fitness Limited c/o Harlands Services Ltd 2nd Floor Rockwood House 9-17 Perrymount Road Haywards Heath RH16 3TW
I hereby give notice that I wish to cancel my Contract with Sportsdirect.com Fitness Limited.
Name of consumer:
Address of consumer:
Signature of consumer: