TERMS AND CONDITIONS
1.1 The Club: Luxe Fitness SW Ltd (herein Luxe Fitness)
1.2 The Club Rules: The rules and regulations of the Club, as amended from time to time. A copy of the Club rules is available on our website.
2.1 By signing this Membership Application Form the member agrees to comply with these Terms and Conditions of Membership and the Club Membership Rules.
2.2 You will only be permitted to use the Club facilities provided your membership is current and fully paid up or you have made payment arrangements acceptable to the Club.
Your Club membership will continue automatically after joining at the fee rate applicable to your membership type and category of membership at that date, but subject to termination in accordance with paragraph 8.2. If you choose to join the Club by paying your membership fee in advance, your Club Membership will terminate automatically on expiry of the membership period for your membership package.
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 fees will not increase without a 30-day written notice period.
4.1 Membership fee; The level of membership fees shall be determined according to the type and category of membership.
4.2 Joining fee; A joining fee is payable if specified in your application form.
4.3 Guest user fee; A fee will be set by the Club from time to time in respect of guests of members who wish to visit the Club and use the facilities.
4.4 Other Fees; All other fees and prices for the sale of goods at the Club, locker rental, bar/restaurant and any other services will be set by the Club from time to time.
4.5 Any pre-opening membership offer: Any pre-opening membership offer will be valid for 12 months from when Luxe Fitness opens. At the end of first 12 months of opening – members will automatically be migrated onto the clubs prevailing equivalent membership offer. Notice of price changes to pre-opening offers is hereby given.
4.6 Prepaid memberships: Any prepaid membership will have to be paid in full prior to gaining access to Luxe Fitness. The prepaid membership will offer the member access to the club for a specified period of time from the chosen joining date of the member. No refunds are available for the incorrect choice of start dates by members. Upon expiry of the prepaid membership – the customer will not be rebilled.
4.6 If your bank fails to make a due direct debit payment from your account, we will contact you to advise you of this (either by phone, SMS, email or letter). We may apply to your bank for payment by direct debit twice within one calendar month and we reserve the right to refer any missed due payments to a debt collection agency. We may charge a fee of no more than £15 for failed direct debit payments and of no more than £5 for letters sent to you in respect of unpaid amounts. We reserve the right to suspend your access rights to the Club premises until your membership fees are full paid.
4.8 Any unpaid and overdue membership fees referred to a Debt collection agency will be subject to a surcharge of no more than £50 to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred in the collection of the overdue membership fees will be the responsibility of the member and will be legally recoverable from the member.
4.9 We may appoint a payment processing agent to receive and collect your monthly or annual direct debit instalments and in respect of payments made by direct/credit card. There will be no extra cost to you for these processing services supplied by such agent.
4.10 We may charge a reasonable fee of up to £35 for any of the following: replacing lost membership cards, removing or adding Associate members, changing membership category and transferring membership.
5. Using the FitSense/ Club app for bookings:
By clicking book on the FitSense app you are agreeing to the Luxe Fitness class terms and conditions outlined below.
5.1 If a member fails to attend or cancel classes they have booked they will be sent a warning or will be blocked from booking further classes depending on the level of abuse.
5.2 If a member has been blocked from booking, the minimum period of time for access to be blocked will be determined by management based on the level of abuse
5.3 As of the 1st August 2019 any member who does not cancel a class and fails to attend will be automatically charged £5 to the account that they used to sign up to the club.
5.4 If a member books and cancels more than 4 classes within one calendar month they will have their class booking access restricted or removed.
5.5 Luxe Fitness offers a programme of free classes as part of the membership and members are expected to be considerate of other members when booking and cancelling classes.
If you as a member are on the class waiting list and you do not wish to attend you must cancel more than 3 hours prior to the class. If you remain on the waiting list and do not attend this will be considered a no show and the above penalties will apply
6. Member Rewards Scheme:
The Club may operate a referral scheme whereby you will receive a financial benefit for introducing new members to the Club.
6.1 If the member you introduce joins on a Direct Debit membership, you will receive the benefit monthly (in arrears and after the first Direct Debit payment has been made by the referred member) against your account or your monthly Direct Debit fee, with the following conditions:
a) You will only receive this benefit if your membership, and that of the referred member, are both current.
b) You will only receive this benefit if the referred member is not on freeze.
c) The amount you benefit is fixed at the time of the referred member joining the Club. This will only change if the member you refer changes their type of membership, in which case the benefit you receive may be increased or reduced accordingly.
d) The Club may set a limit as to the number of members you are able to refer.
6.2 If the member you refer joins on an annual membership, you will receive the benefit due against your account or your monthly Direct Debit fee as one lump sum upon the referred member joining the Club.
7. Suspension of Membership:
A Member may, if he/she is unable to make use of the Club facilities by reason of illness or injury, suspend his/her membership for one continuous period of at least 1 month and a maximum of 3 months. 30 days written notice must be given to the Club and the Club shall have the right to request a doctor’s certificate. A reduced monthly fee will be charged by the Club during the suspension of membership. Notice to terminate membership cannot run concurrently with a suspension period.
8.1 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, 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 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.
8.2 Termination by you
You may terminate this agreement in the following circumstances:
(a) You may terminate your membership by giving the Club 30 days written notice to terminate – either via the app or email. Notice to terminate must be provided 30 days before your next Direct Debit due date, otherwise you will be billed for the following month. Luxe Fitness is not responsible for refunding membership fees if this minimal notice period is not adhered to. Your membership will terminate 30 days from the date of your written notice. Members are not required to terminate their direct debit mandate as part of the termination process. If you terminate your direct debit mandate – you will immediately lose access to the Club and will be charged for any membership fees due in the 30 days after the termination of your direct debit mandate. If such members who terminate their direct debit mandate want to continue accessing the club using the date of their direct debit termination as their notice date – we reserve the right to charge £3 admin in addition to collecting any membership fees due during the following 30 days.
(b) You may also terminate this agreement if:
a. We permanently reduce the facilities or 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.
We will use our reasonable endeavours to give you at least 45 days notice of the change (either in writing or by prominently displaying a sign in the Club) and, if you wish to terminate your membership due to reasons stated above, you can give us 30 days notice in writing to terminate
(c) In the event that this agreement was made during a specific pre-sales period and you became a founder member, you are allowed to terminate this agreement within 28 days of the official Club opening date in addition to your standard members statuary rights.
(d) Members with prepaid memberships will not be refunded any part of the prepaid membership fee for early termination.
9. Membership fobs:
9.1 Membership fobs for electronic door entry will be available to all members upon joining the Club and are used to gain entry to the Club. Luxe Fitness reserves the right to charge a fee for the provision of a fob. Membership fobs are not transferable and any members allowing their fob (or any other means of Club access) 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 in accordance with Clause 8 above.
9.2 If a membership fob is lost, it should be reported to the Club and the Club reserves the right to charge an administration fee for the provision of a replacement membership fob.
10. Club Rules:
10.1 The Club may amend the Club Rules from time to time in order to ensure the health and safety of members. Temporary amendments will be displayed in the Club. Permanent changes to the Club Rules will only be made after at least 30 days notice to members, except in the case of emergency.
10.2 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.
11. Restriction of Liability:
11.1 Subject to paragraphs 11.2 and 11.3, 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 thereto will be accepted by the Club.
11.2 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 us.
11.3 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.
12. Health & Safety:
Members must read all Health and Safety notices displayed in the Club and comply with their recommendations.
13. Sale of 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 no changes to these terms or the Club rules having a material adverse effect on your use of the Club are made by the new owner. Any such disposal will not affect your contractual or statutory rights.
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 posted to you at your address in the membership records (or, where these terms permit, displayed on notice boards at the Club, or communicated directly to you via the FitSense app).
The Club reserves the right to update the Terms and Conditions for all members with 30 days notice.
The Terms and Conditions will be on our Website and it will be the obligation of the members to review the website on a regular basis.
We will also attempt to notify our members via the FitSense App of the release of new Terms and Conditions.