Emsworth Gym
Terms & Conditions



MEMBERSHIP TERMS AND CONDITIONS

PRINCIPAL TERMS

  1. This agreement commences once you have indicated your acceptance in the Declaration section of the web sign up process
  2. This agreement will become binding on you and us when we contact you to confirm your membership application has been accepted, at which point a contract will come into existence between you and us.
  3. You will be entitled to all the rights and privileges set for the Type of Membership chosen.
  4. You cannot transfer this agreement to anyone else

DIRECT DEBIT FEES AND CHARGES

  1. The first month's membership fees are collected from you by us either by Debit / Credit card at time of purchase, or by Direct Debit approximately 5 working days from your membership application date. Joining fees are applied to cover the initial administration costs associated with setting up a new membership and direct debit agreement and entitle the member to an induction session, bookable online.
  2. If you are looking to upgrade your membership there maybe an admin fee charged at the point at which you upgrade.
  3. Your second Direct Debit for monthly membership fees only will be collected one month after you joined, unless you joined prior to your gym opening in which case they will be collected one month after the gym opened. Subsequent Direct Debits for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.
  4. If any Direct Debit is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £20. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your membership, upon having given you written notice of our intention to do so. We may present an option to reduce the administration fee if the outstanding amount is paid online within 7 days of becoming due.
  5. You agree to advise us immediately of any change to the Members Details provided.
  6. A monthly charge is applied if you freeze your membership. Your membership can be on freeze for a maximum of 3 months after which your membership will automatically be un-frozen and will revert to your monthly rate. Freeze only applies to monthly memberships and will start from your payment date. Please be aware this must be actioned at least 4 working days prior to your payment date.

DIRECT DEBIT PRICES

  1. From time to time we may need to increase the price of membership. We will give you at least 1 full months' notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice, then the price of your membership will be increased in accordance with our notice.

TERMINATION

MONTHLY DIRECT DEBIT MEMBERSHIPS

  1. You may terminate your membership at any point by cancelling your direct debit with your bank, allowing 4 working days for the bank to action this. Please contact Member Services for options available to you or for any further information.
  2. In the above circumstances your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.

PAID IN FULL MEMBERSHIP

  1. If you have purchased a Fixed Term membership you will be entitled to 50% of the pro rata'd amount as refund for any unused membership.
  2. You cannot freeze your membership on fixed term membership.

MONEY BACK GUARANTEE

  1. As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of completing your membership application form. However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you select to commence your membership immediately, or you ask us to start your membership early, you agree that if you subsequently cancel your membership within the 14 day period, you will be refunded any monies paid, less an amount for the membership you have already used commencing from the first day after joining.

PIN ABUSE POLICY

  1. Your PIN number / Access Device (defined below) can only be used by you: Your PIN number / Access Device is issued solely for your use, as your membership is personal to you and only covers your use of a gym. You are responsible for keeping your PIN number / Access Device secure and confidential at all times. The PIN number / Access Device remains our property at all times (unless agreed otherwise and evidenced in writing).
  2. Use of PIN numbers is monitored: In the interests of the safety and security of all our members, use of PIN numbers and access is monitored and individuals using PIN numbers / Access Devices may be asked to provide proof of identification.
  3. What we will do if we think your PIN number / Access Device has been misused: Should we believe that your PIN number / Access Device has been used by another individual or individuals we may (in our discretion) decide to conduct an investigation. If we do so we will: (a) inform you, via email, that we believe your PIN number / Access Device has been used by another individual or individuals and ask you to provide us with reasonable assistance to investigate the matter; and (b) following our investigation we will contact you, via email, to inform you of our findings and our proposed course of action, which may include one or more of the steps set out in paragraph 4 below.
  4. Our Right to make additional charges and/or cancel your membership: If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your PIN number was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have : (a) to apply a penalty charge to your membership fees (and increase your direct debit payment(s) accordingly).  The penalty charge will be calculated as being equal to the price of a day pass (that applied at the time of use) for each occasion on which your PIN number was used by that individual/those individuals; and/or (b) in the event of serious misuse of your PIN number, for example, your PIN number has been used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your membership with immediate effect, and no refunds will be given.
  5. Your responsibility for another's conduct: If we have reasonable grounds for believing that you knowingly provided your PIN number / Access Device to another individual or individuals, or allowed unauthorised entry following your entry to the gym (Known as tailgating) in addition to our rights referred to in paragraph 4 above, we may hold you responsible for the conduct of the individual(s) while on our gym premises, and liable for any loss we suffer as a consequence of that conduct.


GENERAL TERMS & CONDITIONS


MISCELLANEOUS TERMS

  1. Members must be 16 or older.
  2. You agree to comply with the Rules of Membership which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided that we give you advance notice of the change.
  3. If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.
  4. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced.
  5. There may be occasions where we have to close all, or part of, the gym of which you are a member. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency. We will use all commercially reasonable endeavours to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.
  6. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control.
  7. We will not be liable or responsible for outstanding monies paid to a Personal Trainer. Personal Training is arranged directly with the PT and not with Emsworth Gym Limited.
  8. As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
  9. This agreement is governed by English Law.
  10. We may terminate this agreement with immediate effect on notifying you if you are in breach of the Clubs Rules.
  11. To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, wellbeing or physical condition. Further, that you will advise us immediately should your circumstances change.

INFORMATION ABOUT US

  1. We are a company registered in England and Wales. Our company registration number is 16566463  and Our registered office is at 2 Havant Road, Emsworth Po10 7JE.
  2. If you have any questions or if you have any complaints, please contact us. You can contact us by e-mailing us at admin@emsworthgym.co.uk
  3. If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing you can send this to us by e-mail to Emsworth Gym Limited at admin@emsworthgym.co.uk We will confirm receipt of this by contacting you by email.

General Gym Rules

  • Use your own PIN number or QR code every time you visit Emsworth Gym. As it's personal to you, please don't let anyone else use it, tailgate or we'll have to change it. We monitor PIN usage by CCTV 24/7 to ensure the safety of our members and misuse may result in us applying additional charges to your membership fees. For full details of our Pin Abuse Policy please refer to your Membership Terms and Conditions.

  • Emsworth Gym Limited will not accept any liability for any claim for personal injury if you use the gym equipment, It is the members responsibility to ensure the correct safe use of all equipment, and to only use equipment suitable for its intended use.

  • If you are unsure as to how to use any piece of equipment you must seek advice before using such equipment.

  • Please bring and use sweat towels to wipe down kit after use. 

  • For safety reasons, bags/large items are not permitted onto the gym floor and appropriate attire must be worn when exercising i.e. suitable comfortable exercise clothing and appropriate footwear. Clothing such as jeans, boots, flip-flops/sandals, slip on shoes or work wear are not permitted. Football tops may also not be deemed appropriate in the gym. Any member not wearing suitable attire may be asked to leave the gym. Keep valuables with you where possible, lockers are to be used at your own risk.

  • Do not train in large groups and share machines between sets.

  • You may not use the gym whilst under the influence of alcohol, narcotics, tranquilizers or any medication or other substance which may affect your ability to exercise safely. Emsworth Gym reserves the right to remove you from the premises if it reasonable believes you are unfit to use the facilities.

  • Can you ensure that you put your weights back in their original place when finished, failure to do so may result in your membership being terminated.

  • Please do not misuse the weights by dropping them on the floor, failure to do so may result in your membership being terminated.

  • Please do not take photographs/videos unless permission is sought. Do not post remarks to the internet that may identify another person. Please do not record any content or make video calls in the changing rooms.

  • Please be mindful of using equipment for long periods of time and share between sets.

  • You must not behave in an aggressive, abusive, anti-social or threatening manner to any staff or member, any one doing so will have their membership terminated immediately and Emsworth Gym reserves the right to contact the Police if deemed necessary.

  • Only Emsworth Gym approved personal trainers are permitted to train members in the Gym.. Anyone else undertaking members' training will be asked to leave the gym immediately.

  • Members are solely responsible for their own belongings whilst visiting Emsworth Gym. 

    Emsworth Gym accepts no responsibility for any loss or damage to personal property.

  • Members are asked to only use the lockers for the duration of their training session. Lockers will be emptied at night and members items removed to lost property. 

  • Although we will always endeavour to return any articles of lost property to the owner, we do not take responsibility for any item held in lost property. Such items will be kept until claimed, but for no longer than one week after which time the items will either be donated to charity or destroyed. In Scotland, and to Comply with the Civic Government of Scotland Act, valuable items of lost property will be passed to the local Police Station at the earliest convenience and all other items of lost property will be taken to the Regional Custodiers Department in bulk.

  • We provide a range of changing facilities for our members. This includes separate-sex communal changing rooms for our members to ensure their safety, privacy, and dignity.

  • Members must inform Emsworth Gym Limited of any change of contact and email address or telephone numbers. These changes can be made in the Members area of the Club right app. By accessing the gym and using the gym equipment members are deemed to have read and understood the terms and conditions of membership.

  • Members must be 16+, ID may be asked by any member of staff and termination of the membership if failure to provide proof of age.

  • Should your Physical Activity Readiness Questionnaire result in you being required to discuss your intention to exercise with your doctor, please be aware that your subscription remains active and any fees collected are non-refundable.

  • Smoking, including e- cigarettes/vapes are strictly prohibited in all areas of the gym. Any member found to be breach of this rule may have their membership terminated.

  • Members may not bring any pets (other than official aid dogs) into the gym.

  • Bikes and e-scooters, including fold-up ones, are not allowed into Emsworth Gym, and should be left outside the gym. Members are solely responsible for their own belongings whilst visiting Emsworth Gym and Emsworth Gym accepts no responsibility for any loss or damage to personal property.