GENERAL TERMS & CONDITIONS
Constitution
FitLab Worthing Ltd. (“the Gym”), a social and fitness facility situated at Unit 17, Guilbourne Centre, Worthing, West Sussex, BN11 1LZ (“the Premises”) is owned by FitLab Worthing Ltd. (“the Company”).
Acceptances as a Member
The Gym has absolute discretion upon whether to accept the application for membership of an applicant as a Member of FitLab Worthing. If an application for membership is accepted by the Gym, membership shall commence upon the agreed start date. Upon acceptance, the Member shall be issued with a Membership Account personal to him/her and shall be entitled to all of the rights and privileges for which his/her application for membership has been accepted. Entry to the Gym is gained on presentation of a valid membership key (via FitLab H&F / Glofox app or by providing full name) at the Front Desk.
Acceptance by the Gym of an application for membership of FitLab Worthing shall constitute a binding contractual arrangement between the Gym, the Manager and the Applicant upon the Terms and Conditions of membership.
Limitation of liability
In consideration for FitLab Worthing accepting an application for membership of the Gym, and for the applicant becoming and being a Member of the Gym, the Member agrees that:
None of the Gym, the Company or their directors, employees or agents shall be liable for any loss, damage or theft of personal property belonging to the Member, guest of the Member occurring upon the Gym’s premises.
None of the Gym, the Company or their directors, employees or agents shall be responsible for any death or injury, occurring upon the Gym’s premises or as a result of the use of facilities, food, beverages, supplements and/or equipment provided by the Gym, except to the extent that such death or personal injury arises from any negligent act or negligent omission of the Gym, the Company or any agent or employee of the Gym or the Company.
Physical condition of Member
The Member warrants and represents that he/she is in good physical condition and that he/she is capable of engaging in food & supplementation programs and active or passive exercise and that such programs and exercise would not be detrimental to his/her health, safety, comfort or physical condition. If his/her physical condition changes this must be relayed to the Gym’s manager.
Assignment
Membership of FitLab Worthing is personal to the Member and cannot be assigned, transferred or otherwise disposed of. The Member shall not loan his/her membership key or permit it to be used by anyone but the Member.
Membership
Every candidate for Membership shall be at least 16 years of age. Individual Membership is available subject to acceptance by FitLab Worthing and subject to the Member abiding by the terms and conditions of Membership and the Gym Rules.
Group Members shall be subject to the rules governing individual Members, and each Member is jointly and severally liable for the full contract value and any costs incurred as a result of obtaining payment.
Corporate Membership where applicable shall be available to five or more bona fide employees from the same company. The Gym will request reasonable evidence of employment prior to acceptance as Corporate Members.
Overseas membership entitles the Member to visit the Gym 30 times within 12 months. An Overseas member must call Reception to let them know the date they wish to visit, so that a guest day pass can be issued.
Membership subscriptions
At the time of joining, Members must either complete the FitLab Worthing Direct Debit agreement and/or provide credit or debit card details. Irrespective of actual usage of the facilities or any change in the Members’ personal circumstances, ongoing membership subscriptions shall, when due, be payable by each Member and shall be debited from the nominated payment method. In the event of a membership expiring, additional joining fees and the current subscription fees will become payable if the previous Member wishes to rejoin.
Membership subscriptions price may be increased by the Gym at any time. The Gym shall give the Member no less than thirty days’ notice prior to any such increase.
If any part of the first twelve monthly membership subscription remains unpaid thirty days after the due date for payment, all monies owing to FitLab Worthing in accordance with the contractual agreement will become due immediately.
Any joining fees may applicable upon each term of the Short term membership options.
Freezing of Membership
Where a Member is unable to use any of the Gym’s facilities, due to pregnancy or a medical condition or long-term travel, the Member can apply in writing to the Manager to have their membership frozen. The maximum amount of time a membership can be frozen within a 12 month period is 3 calendar months and all applications must be supported by a doctor’s letter, which must specify the required length of time they wish for their membership to be frozen. The minimum freezing term is one month. If a member wishes to reactivate before the first months freeze has lapsed then the month payment will be due. Please note that for monthly paying members, freezing will become effective from the date of the next direct debit payment. Once the membership has been frozen for the maximum amount of time then the Gym will resume the membership subscription and unfreeze the membership. A freeze period does not affect the minimum number of direct debit payments you are due to make and any payments remaining at the time of the freeze will remain due and recommence on a monthly basis once the freeze period has been completed.
Short term memberships cannot be frozen under any circumstances.
Membership freezes must be actioned with at least 30 days notice and must be done by sending an email to info@fitlab.uk.
Founding Members
Founder Members must remain current and continuous to benefit from the discretionary founder rate and are only able to ‘freeze’ for pregnancy or a medical condition supported by a doctor’s letter. If the Founder Membership lapses or is cancelled and the Member wishes to rejoin they may incur a re-joining fee and the then applicable subscription rates will apply. For the avoidance of doubt, Founder Members are “Members” for the purposes of these Terms and Conditions.
Life Members and Founding Members are subject to the normal terms and conditions of membership as set out on their contract, subject to the following specific ‘Life Membership’ variation. No additional joining fee under 7(1) below will be applied. Limited number of Founding Memberships is subject to the following specific “Founding Membership’ variation: an upfront full annual fee is capped against any price increases for the duration of three years.
FitLab Worthing Account
All Members are required to have a FitLab Worthing / Glofox account. Details of a valid credit/debit must be provided at point of joining and any purchases will immediately be charged to that card. FitLab Worthing account statements can be obtained by contacting reception who will email it upon request. It is the Member’s responsibility to check these statements and to notify the Gym of any changes to the nominated payment method.
Termination and cancellation of membership
FitLab Worthing may reprimand, suspend or expel any member without assigning any reason for doing so if, in their opinion, the conduct of the member is or has been likely to be injurious to the character or interests of the Gym. No appeal whatsoever shall lie from the Proprietor’s decision nor shall any member or guest have any claim or remedy whatsoever against FitLab Worthing or any director or employee in respect of any such matter.
A Member paying by monthly subscriptions may cancel their membership by giving one calendar month’s notice in writing to the Gym. The management reserves the right to collect any sums outstanding by Direct Debit or by charging the nominated debit or credit card.
Memberships that have been paid in advance are not eligible for any refund.
Upon cancellation of membership, any monies owed to the Gym relating to subscriptions or FitLab Worthing accounts will automatically be charged to the Member via their nominated debit or credit card.
Guests
Upon joining, a Member will be allocated a number of electronic guest passes for use in the Member’s current term of membership. Once a Member has used their complimentary guest passes, the Member or its Guest can pay the current guest day fee (£10) to enter the Gym and use the facilities. Unused guest passes are not accrued into the next term of membership.
All guests must complete a Guest Information Form on their initial visit to the Gym and thereafter. If a Member would like to bring additional guests they should contact the Membership Manager who will make an informed decision on the day.
Guests must be accompanied on the premises by the Member at all times. Guests will remain the Member’s responsibility at all times.
FitLab Worthing Personal Coaching / Training appointments
Members must provide 48 hours’ notice when cancelling or re-arranging appointments for treatments and 24 hours notice for personal training. If a Member fails to attend an appointment without providing the stated notice, the Gym reserves the right to charge the full cost of that service.
Member’s Group exercise and classes
Members must allow enough time to sign in before each class. The Gym reserves the right to decline class participation to members, who turn up after the specified start time of a class and members should not leave early, unless the instructor is given prior notice. If members are suffering from a pre-existing injury or problem that affects full participation, she/ he is responsible for discussing the situation with the group exercise instructor/ class instructor. Appropriate attire must be worn in all group exercise classes. Members must provide a 1 hour notice in case of cancelling a class. Members who cancel after the 1 hour notice period may be charged a late-cancellation fee.
Hours of opening
Normal hours of operation and the hours in which any facility within FitLab Worthing are available to Members can be obtained upon request or from the Gym’s website.
The gymnasium and relaxation facilities including the lounge will close 30 minutes before the Gym closes.
The Gym reserves the right to vary these opening times. In addition, FitLab Worthing has the right at any time to close any or all of the facilities for the purpose of cleaning, building, decorating, repairs or special functions. During bank and public holidays special hours apply and these can be obtained upon request or from the Gym’s website or social media channels.
General
Fraudulent or wrongful information given in order to obtain a discounted membership will result in the cancellation of all membership rights and any action deemed appropriate by the Gym. Membership fees will not be refunded.
In the event of any default of the Member, the Gym may disclose personal particulars contained in the membership agreement to a credit reference agency or any other party necessary in obtaining settlement of arrears.
If through circumstances beyond the control of the Gym, FitLab Worthing is unable to provide the full range of services as advertised, the Member shall remain liable for all fees relating to the subscription and other services provided.
Membership login details are issued upon payment of the appropriate joining fee and subscription.
The Gym retains the right to vary, add or eliminate any of the particular services and facilities provided, including the class timetable and class instructors.
Only Personal Trainers from FitLab Worthing may be used at the Gym.
Members are not to engage the services of any employee or independent contractor for use outside the Gym without the prior approval of the Gym’s Managing Director.
The Company cannot accept responsibility for any loss, damage or theft of personal property belonging to a Member, treatment centre client, or any Guest of a Member, occurring upon the Gym’s premises.
FitLab Worthing reserves the right to remove any articles left in day lockers overnight. Items recovered from lockers may be collected from the front desk for up to seven days after removal. FitLab Worthing will not be responsible for any contents removed from any locker.
All lost property will be recorded and kept in a secure place. Personal items including clothes, shoes, gym equipment and toiletries will be stored for a minimum of 7 days and valuable items including phones, jewellery, and watches will be stored for a minimum of 1 month. After this time items will be donated to charity. Underwear will not be kept.
Appropriate footwear and athletic attire must be worn at all times when using FitLab Worthing's facilities. Jeans, boots, flip flops/sandals are not allowed while using the facilities.
Except with the written consent of the Managing Director, no Member or guest, shall take or give photographs/film footage or the address of the Gym in any advertisement or use the FitLab Worthing's name or likeness for any business or commercial purposes whatsoever.
Participants involved in any activities offered by FitLab Health & Fitness Ltd may be photographed or videotaped during training. These photographs and/or videos are to be used without compensation, on the FitLab Worthing Ltd website and in any editorial, promotional or advertising material produced and/or published by FitLab Health & Fitness Ltd. The Gym reserves the right to use any photographs/film footage taken by FitLab Worthing of a Member or guest in the Gym for its own material (website, newsletter, brochures, advertising etc.).
Closed Circuit Television with Digital Recording is in operation throughout the Gym. Images are being monitored for the purpose of crime prevention and public safety.
Regular maintenance of the Gym shall take place, which may require complete or partial closure of facilities. The Gym shall not refund or compensate for such closures.
Credit/Debit card
I authorise FitLab Worthing Ltd to charge the monthly amount for the membership selected in application. Payments will be taken monthly through to the credit card or debit card provided.
I authorise FitLab Worthing Ltd to use these details to debit my card for any additional services I purchase from the club.
I agree to pay for this purchase in accordance with the issuing bank cardholder agreement.
Privacy Statement
All personal information which you provide through the Glofox Website and FitLab Worthing App will only be held and used in accordance with the General Data Protection Regulation (GDPR), tailored by the Data Protection Act 2018, including the eight Data Protection Principles of good information handling. The principles require data to be: fairly and lawfully processed; accurate and kept up to date; adequate; relevant and not excessive; kept no longer than necessary; processed in accordance with the rights of data subjects; held securely; and not transferred to countries without adequate protection. The personal information which you provide through the FitLab Worthing App / Glofox website is collected, stored and processed by FitLab Worthing Limited (the FitLab Worthing). FitLab Worthing is committed to ensuring the privacy of your information. We understand that the privacy of your information is very important to you. We are careful about the information we ask you to provide and only use your information to process orders and to provide you with in-app notifications of special offers which may be of interest to you. We have set out below details of the information we will collect about you, how we ensure the security of your information and how we will use your information.
Changes to the Privacy Policy
We may change this privacy policy from time to time. Each time you use the FitLab Worthing App / Glofox website you agree that the privacy policy current at that time shall apply to all data we hold about you.
What personal information do we collect?
We only collect personal information that is knowingly and voluntarily given. Generally, this occurs when you register your details, change your details, place or amend an order, contact us or provide us with feedback. When enquiring or registering with us, we need to collect a variety of information including your email address and phone number for communication We will need your email address if you have given us permission to contact you about your enquiry, your membership, services and opportunities; your address for delivery/identification purposes. Your telephone number may be used in the event of a problem of any kind, as we may need to contact you quickly. Please note that if you provide us with someone else’s telephone number (e.g. to arrange a delivery) you must ensure that you have their permission to do so.
We automatically collect information each time you use the App. The information obtained in this way, which may include purchasing history or app usage patterns.
Information in aggregate form is used to: build our understanding of customer habits, interests and requirements; build marketing profiles; help with the strategic development of the FitLab Worthing App / Glofox website and reservation/delivery service; track usage of the FitLab Worthing App / Glofox website.
Cookies
No cookies are used in the FitLab App. The Glofox Website utilises Google Analytics to accumulate usage and performance metrics. Google Analytics uses cookies.
You have a right to access the information that Glofox holds about you.
You can request a copy of the personal information held by us and to have any inaccuracies corrected. We will request proof of identity before processing such a request.
How we store your personal information
The FitLab Worthing App /Glofox website uses Secure Socket Layer (SSL) technology that provides 128-bit encryption on your information before it is sent to us. This means only our secure servers can read your information. The FitLab Worthing App / Glofox website adhere to strict security procedures in the storage and disclosure of information, which you have given us, to prevent unauthorised access or improper use. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you. We have a strict internal policy, which members of staff must comply with as a condition of employment and no external access to the system is permitted.
How we use your personal information
Your personal information is used to enable the FitLab Worthing to: contact you, administer your account, verify your identity; deal with queries; process orders; to help us provide the best possible service. The FitLab Worthing App / Glofox website store your data on a trusted third-party system. FitLab Worthing may also use your information to provide information about offers, products and services available at FitLab Worthing. FitLab Worthing will make no further use of your information. If you do not wish to receive notifications from FitLab Worthing these can be turned off by into settings – notifications – FitLab Worthing App – and turning notifications off. You can also turn off location-based services, following which you will not receive any location based services, but this may affect other location-based services.
Disclosing information FitLab Worthing will not pass your information to any third parties if you have told us not to.
Updating your personal information
You are able to change the details you gave us when registering by clicking on ‘My Account’ (or similarly named feature). You can change your name, phone number, email address, password, debit/credit card and other details.
We may pass on some general statistical information about our customers, sales figures, traffic patterns and related matters to reputable third parties, but these details will not include any personally identifying information. We may also disclose information about you if required to do so by law.
Consent
By using the FitLab Worthing App / Glofox Website you consent to the use of your personal data in the manner set out in this privacy policy.
waiver
all members should have completed the following waiver and hereby agree to the terms of the waiver when accessingn out gym or website
Agreement, Release and Waiver of Liability
Disclaimer: You should always consult with your doctor before beginning any type of exercise or physical liability.
This form is an important legal document. It explains the risks you are assuming by beginning an exercise program. It is critical you read and understand it completely. By ticking the box you are giving agreement to this statement.
Waiver, Informed consent, and covenant not to sue
I have volunteered to participate in a class, course or program containing physical exercise under the direction of FitLab Health & Fitness Ltd, but may not be limited to weight/or resistance training. In consideration of FitLab Health & Fitness Ltd, agreement to instruct, assist, and train me, I do here release and discharge and hereby hold harmless FitLab Health & Fitness Ltd and their respective agents, heirs, assigns, contractors and employees from any and all claims, demands, damages, rights or causes of action, present and future, arising out of or connected with my participation in this or any program including any injuries resulting from them. This waiver and release from liability includes, without limitation, injuries which may occur as a result of (1) my use of all amenities and equipment in FitLab Health & Fitness Ltd, and facilities or premises and my participation in any activity, class program, personal training or instruction (2) Equipment that may malfunction or break (3) their negligent instruction or supervision (4) any slipping and/ or falling dropping of equipment while on FitLab Health & Fitness Ltd, premises.
Assumption of Risk
To my best knowledge, I am in good physical condition and have no disease, physical limitation, health concern or injury that would be aggravated or would be the cause of any injury sustained, before, during or as a result of my participating in activities related either directly and/ or indirectly to FitLab Health & Fitness Ltd.
I recognise that exercise might be difficult and strenuous and there could be dangers inherent in exercise for some individuals. I acknowledge that the possibility of certain unusual physical changes during exercise does exist. These changes include abnormal blood pressure; fainting; disorders in heartbeat; heart attack; and, in rare instances, death.
I understand that as a result of my participation in an exercise or other program, I could suffer an injury or physical disorder that could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.
I recognise that an examination by a physician should be obtained by all participants prior to involvement in any exercise or physical program. If I have chosen not to obtain a physician’s permission prior to beginning this exercise or physical program with FitLab Health & Fitness Ltd, I hereby agree that I am doing so at my own risk.
In any event, I acknowledge and agree that I assume the risks associated with any and all activities and/ or exercises in which I participate.
I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary.
Participants involved in any activities offered by FitLab Health & Fitness Ltd may be photographed or videotaped during training. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the FitLab Worthing Ltd website and in any editorial, promotional or advertising material produced and/or published by FitLab Health & Fitness Ltd.
I understand that if I have High Blood Pressure, Asthma, Diabetes, a Heart Condition, or any other health condition I must seek medical clearance from a doctor before participating in any exercise program.
I acknowledge that I have thoroughly read this waiver and release and fully understand that it is a release of liability. By signing this document, I am waiving any right I or my successors might have to bring a legal action or assert a claim against FitLab Health & Fitness Ltd, for your negligence or that of your employees, agents, or contractors.