Membership Terms Conditions.
1. Definitions:
1.1 The Club: Phoenix Gym Norwich.
1.2 The Club Rules: The rules and regulations of the Club, as amended from time to time. The Club Rules AKA Gym Rules are available to view all around the club.
1.3 Commitment Period: The minimum term you are committing to remain a member.
2. Membership:
2.1 By signing a membership application the member agrees to comply with these Terms and Conditions of Membership and the Club Rules.
2.2 You will only be permitted to use the club facilities provided your membership is current and fully paid up to date or you have made payment arrangements acceptable to the Club.
3. Duration:
When you join the Club you are agreeing to remain a member for the Commitment Period (which may be extended due to freeze suspensions). If you choose to pay your membership fees via a 12 month contract, your Club Membership will continue automatically after the Commitment Period end date at the fee rate applicable to your membership type and category of membership at that date, but subject to termination in accordance with these terms and conditions.
If you choose to join the Club by paying your Commitment period membership fee in advance, your Club Membership will terminate automatically on expiry of the Commitment Period.
4. Fees:
The Club will set the level of fees and will review such fees periodically. The Club reserves the right to change the level of fees from time to time, but guarantees that your fees will not increase during your Commitment Period. For any changes, we will provide email notifications as well as newsletters within the club.
The following fees prevail:
4.1 Membership fee; The level of membership fees shall be determined according to the type and category of membership you choose.
4.2 Joining fee; A £15 joining fee is payable on joining for new members unless the particular membership excludes this such as relevant annuals or student/corporate memberships. Your joining fee goes towards start up costs.
4.3 Other Fees; All other fees and prices for the sale of goods at the Club such as drinks, supplements, day passes, classes and any other services will be set by the Club and changed when necessary without prior notification.
4.4 The Club does not directly charge fee’s for missed DD’s although your bank may charge you for this. The Club will let you know if you have missed any monthly membership DD’s by either email, phone, letter, in App or in person.
5. Member Referral Schemes
The Club may from time to time introduce referral rewards or referral competitions for members. Terms and Conditions for these will be explained each time they run.
6. Suspension of Membership (Freeze):
A Member may, if he/she is unable to make use of the Club facilities, suspend his/her membership for one continuous period of at least 1 month. This saves the time and hassle of cancelling the membership and then having to rejoin at a later date.
Any suspension during the Commitment Period will extend the length of the Commitment Period by the length of the period your membership is put on hold. Notice to terminate membership cannot run concurrently with a suspension period.
7. Termination:
7.1 Termination by the Club
We may terminate this agreement in the following circumstances:
(a) if you commit a serious or repeated breach of this agreement or the Club’s rules of membership and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice;
(b) If any part of your membership fee remains unpaid after its due date for payment, or
(c) If you provide us with details which you know to be false when applying for membership and the false declaration would have reasonably affected our decision to grant you membership.
If we terminate your membership for any of these reasons, we reserve the right to retain a proportion of the money paid under this agreement, to cover any reasonable costs incurred.
7.2 Termination by you
You may terminate this agreement in the following circumstances:
(a) You can give written notice to terminate at any point during the Commitment Period, but this cannot end your membership before the end of the Commitment Period.
Annual or paid up front memberships have an agreed commitment end date, therefore are non refundable for any reason other than that included in section (d) below.
(b) You may terminate your membership by simply giving the Club 7 days written notice. Our direct debit providers apply for payments 3-5 days before the next payment is due, hence us requiring 7 days to ensure that no further payments are taken. If the payment has been applied for then we can not physically cancel the membership as the two systems are linked.
The 7 days allows us to quickly and easily cancel your membership right away and ensure no further payments are taken by cancelling your direct debit mandate. Please do not just cancel your direct debit without emailing your us with your cancellation notice, otherwise we will not know and then contact you further to resolve a payment fault issue.
All cancellations must have a written paper trail such as email message to avoid any future misunderstandings. Telling reception by phone or verbal conversation is not sufficient as cancellations are handled by management and this avoids break downs in communication.
You can email us here with your full name and membership number along with the date you wish to end your membership from: info@phoenixgymnorwich.co.uk
(d) You may terminate this agreement by written notice if you are unable to use the Club through serious illness or injury likely to preclude you from using the Club for a period of least 6 calendar months. (We will request reasonable evidence of your illness or injury – e.g. a doctor’s certificate).
(e) You may also terminate this agreement if:
a. We permanently reduce some major facilities or the opening hours of the Club.
b. We change the location of the Club; or
c. We close the Club for refurbishment for a period of more than 30 days at a time.
NOTE: You can freeze your membership for a minimum period of one month if you wish to for any reason.
8. Club Entry Systems:
A personalised membership QR code that can be accessed via the “Club Right” members App. If you do not have a smart phone to access the Phoenix member app then we will provide you with a membership QR key fob.
Membership codes are not transferable to any other persons and any members allowing their codes to be used by another person is in serious breach of these Membership Terms and Conditions and will entitle the Club to terminate membership without notice.
9. Club Rules (AKA “Gym Rules”):
9.1 The Club may amend the Club Rules from time to time in order to ensure the health, safety and continued enjoyment of members. The Club Rules are displayed around the Club for reference and included at the bottom of this agreement.
9.2 The Club reserves the right to adjust the availability of certain facilities or close the Club on a temporary basis for the general purpose of cleaning, decorating, essential repairs, maintenance of equipment, special functions and holidays.
10. Restriction of Liability:
10.1 Subject to paragraphs 10.2 and 10.3, the Club will not accept liability for any loss, damage to or theft of money, valuables or other personal property of members and guests. Property stored in lockers provided by the Club is stored at the owner’s risk and no liability for loss or damage there to will be accepted by the Club.
10.2 Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by management. Sufficient proof of loss or damage must be provided.
10.3 The Club accepts liability for damage, accident, death, personal injury or other loss sustained by members or guests on the Club premises to the extent caused by its negligence or the negligence of its employees and agents (during the course of their employment and agency, as appropriate) unless that failure is attributable to:
(a) Your own fault
(b) A third party unconnected with our provision of services under this agreement or
(c) Events which neither we nor our supplier could have foreseen or forestalled even if we had taken all reasonable care.
11. Health & Safety:
Members must read all Health and Safety notices displayed in the Club and comply with their recommendations.
12. Sale of the Club:
In the event of the sale or disposal of the Club to another company or to any other person, we may transfer your membership to the new owner and you will continue as a member of the Club and continue to pay your membership fees provided there are no major changes to these terms and conditions or the Club rules having a material adverse effect on your use of the Club by the new owner.
13. Notices:
Notices from you to the Club must be in writing and addressed to the general manager at the Club. The Club reserves the right to require evidence of posting or delivery where it has no record of receipt or the date of any notice appears inconsistent with the date of receipt. In these cases the notice will be deemed not given unless such evidence is produced.
Any notice handed to the Club must be receipted. Notices from the Club to you will be via email, text or posted if no other communications are available.
14. Induction Process
14.1 All new members are offered an equipment induction or free introductory personal training to be shown how to safely use the equipment safely.
14.2 We recommend that you contact the club if joining online to book your induction/personal training for your first visit to avoid using the equipment without the relevant knowledge.
14.3 If you do not know how to use any of the equipment then please ask a member of the Phoenix team to show you how to use it. Alternatively you may wish to contact one of The Club’s self employed personal trainers for extra help.
14.4 If you choose not to have an induction or personal training then you are agreeing to Waive your Induction Training. Even if you choose not to have an induction or introductory personal training then you can still ask The Club staff for assistance to show you how to use any of the equipment.
14.5 If the member chooses to have an induction/personal training then they need to make sure that they do not use the gym equipment until they have had their induction. If the member chooses to use the equipment before the Club is able to provide and induction then they do so at their own risk.
15. FIT3D Body Scanner
15.1 All Club members receive either free or discounted FIT3D Body Scans as part of their membership (depending on which membership option chosen).
15.2 Scans can be booked in advance through the Club reception to avoid disappointment.
15.3 The Club reserves the right to change the prices of the discounts at any time, but will not come into effect until the end of the current commitment period.
16. Member Parking Facilities
16.1 All Club members with valid memberships paid up to date may use the Club parking facilities. The members car registration must be provided to reception on their first visit.
16.2 There are two member car parks. The first is behind the Club within the St Mary’s Works car park and the second is at the bottom of St Martins Lane. Both car parks have relevant Club signs in front of each space.
16.3 There are pay and display parking spaces directly outside the front of the Club. Please read the instructions on the machines to see their prices, terms and conditions.
16.4 Members must only use these parking facilities for the purpose of working out within the Club and not for any other reason such as walking into the city centre or going to work.
16.5 Club members may use these parking facilities for the above reasons for a maximum of 2.5 hours per visit.
16.6 Failure by the member to follow these parking rules may result in the member receiving a parking enforcement ticket.
16.7 The parking enforcement is carried out by a third party company, so any tickets received may need to be addressed directly to them. These details would be on the ticket.
17. Check in Rewards
17.1 Members may receive a free bottle of water each visit to the Club in exchange for a “check in” on Facebook. The “Check in” must be accompanied by a positive statement about the club or the members experience within the Club.
17.2 The Club reserves the right to take away or change this member perk at any time without notice.
18. Guest Passes
18.1 Members receive free guest passes (amount dependant on the membership tier, type or option) on a monthly or weekly basis for a friend, family member or co-worker to train with them.
18.2 The guest must accompany the member at the same time to the Club for entry and the member must accompany the guest at all times and not leave the guest in the club on their own.
18.3 The guest may join in with a class but this can not be booked ahead in advance. Members get priority booking only. If there is space available when the class starts then the guest may attend also.
18.4 The Club reserves the right to refuse admission to a guest for reasons of health and safety or if the proposed guest has previously not complied with the Club rules.
18.5 The guest must fill out a PAR-Q or Health Agreement Declaration and Induction Waiver form on entry.
19. Opening Hours
19.1 The Club’s opening hours are displayed at reception and on the website.
19.2 Members must ensure that they leave at or just before the scheduled closing time.
19.3 The Club reserves the right to amend the opening times as necessary.
20. Lost Property
All lost property found on the premises should be handed in to the Club reception. Lost property will be stored by the Club for a minimum of 2 weeks and a maximum of 4 weeks (depending on storage capacity and the amount of lost property) and then disposed of. If the items appear very valuable then the Club will do their best to identify and contact the owner by looking through their CCTV and trying to find witnesses.
Please refer to section 10 above for our restriction of liability.
21. Comments and Complaints
Please refer any comments or complaints to a member of the Club staff. Written complaints must be addressed to the Club General Manager. The Club appreciates complaints and constructive feedback as being given the opportunity to correct any issues.
22. Children Within the Club
22.1 The minimum age for membership within the Club is 16 years of age.
22.2 Any children under this age must be accompanied by an adult and on the premises exclusively for 1-2-1 personal training. The personal trainer must have all relevant qualifications and their own insurance to work with children under 16 on a self employed basis.
22.3 Children under 16 are not allowed to wait in the reception area unattended.
23. General
23.1 No food, drink, alcoholic, or illegal substances may be brought into or consumed within the Club or its grounds.
23.2 Members are not allowed access into the club if they are believed to be intoxicated by either alcohol or drugs for health and safety reasons.
23.3 The Club reserves the right to refuse admission if they believe this to be true.
23.4 The Club is a non smoking environment, which includes the bike rack area just outside the front door.
NOTE: Management reserves the right to expel any member not complying with either these terms and conditions or the gym rules. Failure to comply may result in termination of membership. If we terminate for any of these reasons then we reserve the right to retain a proportion of the money paid under this agreement, to cover any reasonable costs incurred.
CLUB RULES
- Everyone has a right to be here, don’t look down on anyone unless you’re helping them up
- CCTV is in operation. We appreciate you returning your weights to the weights racks
- Consider your own personal hygiene when training, if you smell, it will affect others so please use deodorant
- No gym bags to be left on the gym floors – use provided lockers and bag storage
- Wear appropriate gym clothing, no work boots, dirty outdoor running trainers or jeans and wear a top at all times
- If you sweat over the equipment please use the cleaning products available to clean it afterwards
- Allow others to “work in” and share the equipment whilst you are resting
- You can bring your own chalk but please use it responsibly and clean it up after use
- Chewing gum belongs in the bin and not on the floor
- Read the rules on lifting platforms and ensure you keep to them
- Respect the equipment, put dumbbells down gently and control your eccentric movements
- Train hard, smart and responsibly and ask for help if you don’t know how to use any of the equipment
- If filming for social media ensure other members surrounding you are comfortable with it and give permission
- Secure your belongings at all times, we are not responsible for any theft
