1A. Fitness Space is a franchise operated business. Franchise owners are responsibility for the management and operation of each studio.
1B. It is the franchise owner that is responsible for payments processed and the delivery of services. Payments and services sold are not the responsibility of Fitness Space Franchise Ltd.
2. ACCEPTANCE OF MEMBERSHIP
2.1 The decision to accept the application of a potential member shall be at the sole discretion of Fitness Space. Fitness Space reserves the right to verify, or require proof of all information given in order to obtain membership and any fraudulent or wrongful information given in order to obtain such membership could result in the cancellation of all membership rights and lead to the repayment of all monies due to Fitness Space. If the membership application is accepted by Fitness Space, membership of Fitness Space by the applicant shall
commence as stated in the agreement.
2.2 The acceptance of an application for membership of Fitness Space shall constitute a legally binding agreement between the member and the studio. The member hereby agrees also to be bound by the Studio Rules, a copy of which can be provided by asking at Reception.
3. LIMITATION OF LIABILITY
3.1 The member acknowledges that Fitness Space’s obligations and liabilities in respect of Fitness Space are defined in this agreement and/or within the Regulations Applicable to All Users.
3.2 The member is responsible for the consequences of any use of any of the facilities of Fitness Space. Fitness Space will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract, or otherwise.
4. PHYSICAL HEALTH OF MEMBER
4.1 The member warrants and also represents that he/she is in good health and is not knowingly incapable of engaging in either active or passive exercise. The member further warrants that such exercise would not be detrimental to their health, safety, comfort, well-being or physical condition.
4.2 Before using Fitness Space, the member must first read a Health Commitment Statement provided by Fitness Space under its obligations as a member of the Fitness Industry Association.
5.1 Memberships are categorised by both membership type and terms.
Membership types and their entitlements are covered in the Studio Rules.
Membership Terms are covered in Membership Charges and Payment Options.
5.2 Other categories of membership shall be stipulated by Fitness Space from time to time.
6. MEMBERSHIP CHARGES & PAYMENT OPTIONS
6.1 All members are liable to pay all upfront or monthly membership fees irrespective of actual usage of Fitness Space facilities.
6.2 Members may elect to pay their membership fees in monthly deferred payments or in full.
6.3 Monthly deferred payment plans are subject to rolling contract terms with a defined minimum period.
6.4. If paying monthly, the contract is for a minimum of (the period) depending on membership selected. After the minimum period, the member will be given the opportunity to renew their membership for a further fixed period of 1 month, and after each fixed period thereafter.
Note that the period is defined by the name of membership for example:
i. A ‘Studio 6m’ memberships denotes the commitment to a studio membership for a minimum six monthly payments period, via monthly deferred payment plan, before continuing on a monthly rolling commitment.
‘Flexi’ memberships are defined as a rolling membership with the next full monthly payment due as notice of cancellation.
Upfront payments cover the full term of membership and are non-refundable.
Note that continuance of monthly payments made to Fitness Space at the end of the minimum period, and any fixed periods thereafter, shall be deemed to constitute renewal of this Membership Agreement for a further fixed period of 1 month at the prevailing rate until written notice is received by Fitness Space and/or the Collections agency at least 1 calendar month prior to proposed termination date.
Fitness Space reserves the right to increase membership fees on a yearly basis.
7. CANCELLATION AND CAUSES FOR EARLY TERMINATION
7.1 The following reasons may be acceptable to Fitness Space subject to formal agreement for early termination. Termination requests will only be accepted and applied from the date of written correspondence received by the Studio or the Collections agency.
Illness or Injury: Letter from GP or referring Doctor required
Re-Location: Proof of relocation out of the area is required
Bankruptcy: proof required
Written correspondence must be addressed to the studio’s email address which is available on the studios landing page.
7.2 To cancel a monthly deferred payment membership an email must be sent to the studios email requesting to do so. If the minimum term has surpassed, then one further payment will be taken from the date of this correspondence.
7.3 If early termination criteria is not met then monthly deferred payment memberships are subject to 1 payments notice from the date of the cancellation request post minimum term.
7.4. Annual upfront membership will run until the anniversary date. This membership is non-refundable and will not renew without payment.
7.5 Upfront memberships are non-refundable.
8. EXPULSION OF MEMBERS/GUESTS OR TERMINATION OF MEMBERSHIP BY FITNESS SPACE
8.1 Fitness Space may expel members/guests or may terminate the membership of any member:
8.1.1 without notice and with immediate effect if the member’s conduct, whether or not such conduct is
the subject of a complaint by another member or group of members, is such that in the reasonable opinion of Fitness Space, it may be injurious to the character, name or interests of the Studio or is such that it renders the member unfit to associate with other members of Fitness Space.
8.1.2 By notice in writing if any part of the annual membership fee or monthly membership charge which is
due and payable remains unpaid thirty days after the due date for payment.
8.2 Lapses in membership payment will incur an Administration charge.
8.3 A member whose membership is terminated by Fitness Space, shall forfeit all privileges of membership with immediate effect without an entitlement to any claim for any refund of their product fee or annual or monthly deferred membership fee.
9. STUDIO FACILITIES
9.1 Certain categories of membership do not include all of Fitness Space’s services and facilities. Services and facilities not so included may be provided at an additional charge at Fitness Space’s discretion.
9.2 Members who fail to attend pre-booked activities may be charged the full standard fee for the activity in question.
9.3 Fitness Space reserves the right to make reasonable alterations to the type of facilities provided without notice and Fitness Space shall not be liable for any inconvenience caused by building works and for the provision of essential maintenance services that occur for 14 days or less, due to matters beyond our control or improvement works.
10. HOURS OF OPENING
10.1 Information in relation to Fitness Space’s normal hours of operation and the opening hours of the facilities are available from Fitness Space upon request. Such hours may be lengthened or shortened at the absolute discretion of Fitness Space with or without any prior notice being given to members. Fitness Space shall endeavour to give members reasonable notice of change to such hours.
10.2 On occasions when necessary maintenance is required, Fitness Space, or parts thereof, may be closed. Any refund given as a result of closure will only be made at the sole discretion of the Director or Manager.
11. NOTICE AND MEMBERSHIP CORRESPONDENCE
All membership related correspondence, including cancellation and freeze requests, must be sent to the email the studios email address. The email will be time stamped. The studio will endeavour to respond within 5 working days.