Subject to any statutory right of cancellation, payments for classes, memberships and/or retail in any amount are non-refundable and non-transferable.
Unless otherwise stated in the Terms and Conditions. If a package is bought and only part used there will be no refund available for the remaining sessions. In the exceptional case that a refund is given this will be calculated based on the pro rata and not the value of the package purchased. This will be at the manager’s discretion who will consider refund requests in writing.
Members are only permitted to use the lockers during the day. Items kept in non-hire lockers overnight will be broken into by a member of the team and removed from the locker and stored for 7 days only.
In these Terms & Conditions and the Club Rules, “FITNASTIC Health Club” means TeamJIA LIMITED, company number 12030649. ”Member” means the member named on the Application Form, and “Membership” is the membership by a Member of a Club, which starts when FITNASTIC Health Club accepts the proposed Member’s Application Form; “Club” means FITNASTIC Health Club gym at which the Member applied for membership may attend; “Contract” means the contract between FITNASTIC Health Club and the Member subject to these Terms & Conditions and Club Rules; “Application Form” means the application form completed by the Member to join the Club; “Club Rules” means the terms set out in the FITNASTIC Health Club Rules.
Membership is subject to these Terms & Conditions as amended from time to time. Submission of an Application Form is an offer to Fitnastic Health Clubs to become a Member of the Club subject to these Terms & Conditions and the club rules. Fitnastic Health Clubs reserves the right to reject any application for Membership.
Membership is subject to these Terms & Conditions as amended from time to time. Submission of an Application Form is an offer to FITNASTIC Health Club to become a Member of the Club subject to these Terms & Conditions and the club rules. FITNASITC Health Club reserves the right to reject any application for Membership.
Membership is available to individuals of 18 years of age and over, subject to status.
Upon being accepted to the Club Membership scheme, the Member consents to having their photograph taken by FITNASTIC Health Club to confirm their identity upon entry, and consents to having their photograph taken at any time whilst using the facilities, excluding changing rooms. FITNASTIC Health Club reserves the right to use any such photographs for press and/or promotional purposes.
FITNASTIC Health Club offers various Membership packages, offering a range of price versus flexibility, so that Members have choice.
A) MONTHLY MEMBERSHIPS
For these package types, payment is collected on the contract day. These Memberships each have a minimum contract term, and Membership continues to roll on a monthly basis after the minimum term has expired. See Point 6, below, on how to cancel a Monthly Membership.
- “NO CONTRACT” – minimum term of one full calendar month.
- “3 Month rolling contract” – minimum term of 3 full calendar months.
- “6 Month contract” – minimum term of six full calendar months.
- “12 Month contract” – minimum term of twelve full calendar months.
The minimum term of all Monthly Memberships starts as of the day you join in the current calendar month. For example: if a Membership starts on 15th September, the minimum term would begin as of 15th October.
B) PAID IN FULL MEMBERSHIPS
For these package types, full payment is required upfront, and the Membership will automatically expire at the end of the term. Members may then renew their Membership at the prevailing rate for their package type, or alternatively may switch to a rolling Monthly Membership as per above.
- “3 Months contract Paid in Full” – 3 months of Membership from the selected start date.
- “6 Months contract Paid in Full” – 6 months of Membership from the selected start date.
- “12 Months contract Paid in Full” – 12 months of Membership from the selected start date.
FITNASTIC Club reserves the right to introduce, withdraw, and vary categories of Membership.
A Member may apply to switch to a different Membership type. A Member cannot switch to a Membership type with a shorter minimum term than their current contract. Any months completed on a previous Membership type will not be credited towards the minimum term of the new contract. A Member may only move onto a Membership type and rate available at the time of upgrading. These may vary from Membership types available at the Member’s point of joining.
A member will have to check in at the reception desk using the Fitnastic Mobile App. Members must scan the bar code from their mobile for security and verification on each visit to the Club; Members without a valid Mobile App may be asked for photo identification and will be admitted at the absolute discretion of Fitnastic Health Clubs staff.
A Member may not download and login into the mobile app for others or permit its use by any other person; allowing such misuse of a Membership may result in Membership being terminated with no refund of fees already paid.
All Members shall pay an initial Joining Fee as per the Club’s current price schedule, which will be made available to you before you join as a Member. The Joining Fee is not refundable and you agree not to dispute under any circumstances.
Membership is payable in advance, either fully or monthly as per the Membership type selected (see Point 3, above). Monthly fees will be debited on or around the day of the month you initially joined. If the Member falls into arrears in respect of any fees payable, all arrears must be settled before the Member can use the Club.
Monthly Membership fees may be increased at the discretion of and at any time by FITNASTIC Health Club, to take effect after the Member’s minimum term subject to at least one calendar month’s written notice. Changes to pricing for new joiners may be made without notice.
Any discounted Membership options are offered on the basis that the Member can provide proof of eligibility; Members should be aware that the full fee for their Membership type may be applied until such proof is provided.
Where the monthly payment method is Direct Debit, Members are required to provide FITNASTIC Health Club with debit or credit card details as a secondary means of payment (“Payment Guarantee”). If any Membership payment remains outstanding beyond the due date, the Member’s signature on the Payment Guarantee constitutes the Member’s unconditional and irrevocable authority to debit the nominated card for the total amount due without notice to the Member.
FITNASTIC Health Club reserves the right to levy an administration fee of £35 if it forwards the account to a 3rd party debt collection agency in the event of non-payment of fees when due. Any lapses in Membership, including but not limited to non-payment of fees or failure to renew a Paid in Full Membership, may result in a new Joining Fee being charged should the Member reapply for Membership.
Members on a Monthly Membership contract may cancel their Membership after or with effect from the end of the minimum term, by giving one full calendar month’s advance written notice, effective from the 1st of the following month. This should be done by completing a Cancellation Request to firstname.lastname@example.org
A FITNASTIC Health Club team member will respond to all cancellation requests. If confirmation of cancellation is not received, the Member is responsible for re-submitting the cancellation request.
Where the payment method is Direct Debit, the Member must advise their bank to cancel the Direct Debit instruction after the final payment has been made. FITNASTIC Health Club is not obliged to refund any fees where the Member has not cancelled the instruction and cannot provide proof of a valid cancellation request. All fees must be paid to date at the time of cancellation.
Paid in Full Memberships will expire automatically at the end of the term, unless the Member chooses to renew their Membership. No refunds are applicable for any portion of fees paid upfront, excluding in the following circumstances: redundancy, permanent illness and permanent injury preventing gym usage. Valid documentation will be requested as proof in such circumstances.
Should a Member be unable to use the Club for the remainder of the term, the Member may apply to transfer the Contract to another person. The Member is responsible for finding someone, who is not already a Member of a FITNASTIC Health Club, to take over the balance of the Membership. A Transfer Fee equivalent of one months membership fees will apply to transfer any membership. Both the existing Member (where possible) and the new Member must attend the Club to complete the transfer application, which will not be deemed complete until a Membership Application Form has been completed and signed by the new proposed Member and FITNASTIC Health Club has accepted that person as a Member.
Members still within the minimum contractual period may reduce their cancellation notice to one full calendar month in the following circumstances: Pregnancy, Redundancy, Permanent injury and Permanent illness preventing gym usage. Valid documentation will be requested as proof in such circumstances.
Please contact the FITNASTIC Health Club at email@example.com
Any Member may apply for their Membership to be frozen or unfrozen by completing a request via the FITNASTIC Health Club email firstname.lastname@example.org
The minimum freeze period is one full calendar month, commencing on the 1st day of the month, with a maximum of six full consecutive calendar months.
A Member must request the freeze by the 15th day of the month prior to the requested freeze start date. For example, a Member who wishes to freeze commencing 1st June, must complete the email request by 15th May. A freeze request completed on 21st May would only be eligible for a freeze start date as of 1st July.
- A £9.99 monthly charge is applied to a FIT member 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 3 working days prior to your payment date.
- Royal Member there is no Monthly charge to 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 just for a year. Please be aware this must be actioned at least 3 working days prior to your payment date.
Members on a Monthly contract type will have their freeze fee(s) taken via Direct Debit; Members on a Paid in Full contract type must settle their freeze fee(s) upfront in advance.
Freezing for reasons of illness, injury or pregnancy will be reviewed and leniency may be applied in relation to the fee and notice period; valid medical documentation must be attached to the request for this to be considered. If valid dated documentation is provided, a freeze due to medical/injury reasons may be backdated, providing no usage has been registered on the Member’s account. In such circumstances no refund would be due and any fees paid would be credited to future Membership payments.
Any Member who requests to freeze their Membership under the Terms and Conditions will not be able to access the Club during the frozen period, either via their Membership or purchase of a Guest Pass. A Member must apply to unfreeze their Membership if wishing to use the Club during the frozen period. In order to unfreeze a Membership, a pro rata fee for the remainder of the then current month will be payable. The freeze fee of £9.99 is not payable towards this pro-rata fee.
Full details of normal opening hours are available upon request at each Club and on our website. FITNASTIC Club reserves the right to vary normal opening hours, temporarily remove the access to certain equipment, or to temporarily close certain areas of any Club from time to time without notice for various purpose including for cleaning, decorating, repairs, refurbishment, or for special functions and holidays.
All Club users must complete a health questionnaire (PARQ) before entry. If any medical conditions are disclosed, the user must sign the back of the PARQ stating that they have sought medical advice or wish to use the Club without doing so and that they take full responsibility for any injury or health condition sustained whilst using the facilities arising from their medical condition. FITNASTIC Health Club staff are not medically trained and are therefore not qualified to assess whether the Club user is in an inappropriate physical condition to use the facilities. FITNASTIC Health Club advises all Club users to take medical advice prior to starting any exercise program if they are in any doubt as to their ability to do so.
The Member warrants and represents upon their Membership Application Form, and repeats such warranty upon each visit to the Club, that they are in the good physical condition and know of no medical or other reason why they should not engage in any form of exercise, and that such exercise would not be detrimental to their health, safety, comfort or physical condition.
The Personal Trainers (PT) that operate within Club are not employees of FITNASTIC Health Club but are self-employed, independent freelance trainers. In using a PT you are entering into an agreement with the PT alone and not with FITNASTIC Health Clubs.
Fitnastic Health Club offers multiple Membership tiers.
- Royal Membership
- STAYFIT Membership
- HomeDelivery TV
FITNASTIC Health Club may terminate a Membership without notice and with immediate effect if:
- The Member breaches these Terms & Conditions or the Club Rules, either repeatedly or because of one serious breach;
- Any due fees remain unpaid after any request for payment by FITNASTIC Health Club;
- FITNASTIC Health Club is of the opinion (acting in its discretion) that the Member is not suitable for continued Membership;
- The Member puts the health, safety or well-being of staff or other Members or Guests at risk.
All decisions made by FITNASTIC Health Club under this clause are final and binding. FITNASTIC Health Club is unlikely to accept a new application for Membership from someone whose Membership has been terminated in accordance with this clause.
Members are responsible for advising FITNASTIC Health Club of changes to their personal information. Should a Member wish to update their personal information and/or request a change of Membership, this must be requested using the registered email address within the FITNASTIC Health Club database for that Member. Where FITNASTIC Health Club is required to provide any written or email notification, FITNASTIC Health Club will send the notice to the contact information on the Application Form, or any updated contact information the Member has provided since joining.
Nothing in these Terms & Conditions shall limit or exclude FITNASTIC Health Club liability for:
i)death or personal injury caused by its negligence, or the negligence of its personnel or agents;
ii)fraud or fraudulent misrepresentation; or
iii) any other liability which cannot be limited or excluded by applicable law.
Subject to that:
a)FITNASTIC Health Club shall have no liability to the Member or Guest, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Terms & Conditions; and
b)FITNASTIC Health Club’s total liability to the Member or Guest, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions shall be limited to £250.
FITNASTIC Health Club may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify Members by placing a notice on the Club noticeboard or email. Any changes will be effective immediately.
A signed Application Form, these Terms & Conditions, the Club Rules, and the PARQ make up a binding contract of Membership with FITNASTIC Health Club. Members are advised to read the Terms & Conditions and Club Rules in full before signing the Application Form.
The failure of FITNASTIC Health Club to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or Club Rules shall not be deemed to be an affirmation by FITNASTIC Health Club that the behaviour of the Member or Guest is acceptable.
Except where permitted by this Contract, neither FITNASTIC Health Club nor the Member may alter the terms of this Contract without the express agreement of the other.
These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their 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 and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims).