This agreement applies as between you and Rise Gymnasium, Unit B, Fretherne Road, Welwyn Garden City, Hertfordshire, AL8 6PZ, www.risegym.co.uk, (hereinafter “Rise Gym”, “we” “us” or the “Club”). Your agreement to comply with and be bound by these Terms of Service is deemed to occur upon your first use of your Membership and our facilities. For the Terms applicable to our website and your purchase in our online shop, please refer to our Terms and Conditions.

 

1. Membership Types

Rise Gym offers various Membership packages, as follows:

• No Commitment Memberships
  • When taking out No Commitment Memberships, full payment is required upfront, and the Membership will automatically expire at the end of the term.
  • A member who wishes to cancel such membership prior to the date of automatic termination will have no claim whatsoever to any refund of the fee(s) they have paid in advance.
  • Fees paid in advance cannot be refunded.
• Direct Debit Memberships
  • Minimum 6 or 12-month direct debit contracts are completed on the 6th or 12th monthly payment (depending on the contract option you have selected) being collected and not per calendar months. Membership continues to roll on a monthly basis after the minimum term has expired.
  • Direct Debit Memberships are calculated, and payment is required on a monthly basis starting with your 1st direct debit payment. For example: if a Membership starts on 15th September, the minimum term will begin as of 1st October from the first Direct Debit payment. Pro-rota & joining fee does not count as contracted month.
• Discounted Memberships
  • To qualify for any discounted membership options; Student, OAP or Corporate, you are required to supply evidence of your eligibility on demand.
  • For online sign ups you are required to provide evidence within 7 days of your sign up date.
  • Failure to do so will result in your discount being revoked and full membership rate will be applied to your membership agreement until such evidence has been produced.
• Couples’ membership
  • When applying for a Couples’ membership you must be living under the same address and provide evidence of couple’s residence.
  • For online sign ups you are required to provide evidence within 7 days of your sign up date.
  • Failure to do so will result in your discount being revoked and full membership rate will be applied until such evidence has been provided.
  • Direct debit agreement is set up solely in one members’ name; the direct debit payer is solely reasonable the fees you pay, how and when you pay those fees and the duration of your membership.
• Switching Membership type
  • All Memberships are personal to the member and may not be assigned, transferred or sold to another person.
  • 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 another Membership type if such would be an upgrade to a current membership. Available upgrades may vary from Membership types available at the Member’s point of joining.

 

2. Membership Fee`s, Renewals, Refunds and Re-joining the club
   • Submission of an Application Form is an offer to Rise Gym to become a Member of the Club subject to these Terms of Use and the club rules.
   • Rise Gym reserves the right to reject any application for Membership. Membership is available to individuals of 18 years of age and over, subject to status.
   • Your membership period will start on the start date entered in the Membership Sign Up form.
   • Rise Gym reserves the right to refuse membership renewal`s without providing a reason for such decision.
   • Student membership is available from the age of 16 – 17 with parent or guardian approval – failing to obtain this will result in membership being terminated.
   • Your choice of membership when joining Rise Gym will determine the fees you pay, how and when you pay those fees and the duration of your membership, and the relevant order form sets out the membership fees payable to Rise Gym.
   • If any monthly fees or charges incurred are not paid when they are due, Rise Gym reserves the right to temporarily refuse the member access to the club until such time as full payment has been made.
   • If any monthly fees or charges incurred are not paid within 30 days after they are due, the club shall have the right to demand payment in full. If such amounts are not paid within 15 days after such demand, membership may be terminated, and the club may pursue any rights it may have to recover the unpaid amount.
   • Rise Gym reserves the right to refer any missed payments to a debt collection agency and will charge you a fee, in respect of failed subscription payments and/or collection letters sent to you in respect of unpaid amounts.
   • Membership fees for all categories of membership are non-refundable. Upon termination of membership, no refund of the admin fee, monthly fees or other fees shall be issued.
   • To re-join the Club after a termination of membership, any unpaid subscriptions must be cleared, a new membership agreement completed, and an admin fee may be charged.
   • Rise Gym shall have the right to suspend or withdraw Club privileges or membership from any Member who, in their opinion, has abused privileges or conducted himself or herself in a manner deemed detrimental to the Club staff or its Members. Such expulsion or suspension shall become effective immediately and no reimbursement will be issued.
   • All membership fees are reviewed annually usually on the 1st of January, members will be notified of any changes by post or email giving one full calendar months’. Members paying by direct debit will be given at least 14 days’ notice of any such changes.

 

3. Cancellation
   • All 6 & 12-month direct debit memberships cancellations require 1 months’ notice once the minimum contract length has been reached and there are no outstanding fees.
   • You are obliged to make a minimum of contracted direct debit payments and may only cancel after the minimum payments have been made.
   • Notice for cancelling must be made via email to your chosen club and received by the 1st day of the current month and applies if so received, from the subsequent month (one months’ notice). You will receive an email confirmation within 3 working days – until you receive this email the cancellation will not be valid.
   • If confirmation of cancellation is not received, the Member is requested to re-submit the cancellation request to your chosen club
   • You agree that cancelling your direct debit or giving verbal instructions to amend or cancel a membership cannot be accepted. If you cancel your Direct Debit during your first 12 months membership you will remain liable for any balance of the annual membership fee which remains unpaid to Rise Gym Limited
   • No member of Rise Gym’s staff is authorised to give verbal confirmation of cancellation of membership.
   • Rise Gym is not obliged to refund any fees where the member has not cancelled the instruction and cannot provide proof of a valid cancellation request.
   • Ex-members wishing to re-join the club will be asked to pay a joining fee plus any unpaid balance from the previous membership.
   • Cancelling within contract is only permitted due to relocation further then a 20 miles radius with proof of new address, this must be addressed to you and must be a mortgage or rent agreement or proof of utility bill.
   • Cancelling due to medical is only permitted with a doctor’s note clearly stating you are no longer able to train for the duration of your contract.

 

4. Cooling Off
   • A “14 Day Money Back Guarantee” is applicable when a new Member signs up to Rise Gym. During the designated 14 days, a Member may request immediate termination of their new Membership, along with a refund of fees paid upon joining (excluding the joining fee).
   • The 14 days is effective from, and including, the agreed original start date of their Membership.
   • A Member can only have a maximum of three visit to the Club recorded on their Membership to be eligible for this 14-day money back offer. Upon visiting the facilities and using the Club a fourth time, the member is confirming they will commit to the full terms of their chosen Membership.

 

5. Freezing a Membership
   • Request to freeze a current membership must be made via emailing your chosen club with a minimum of 10 days’ notice.
   • Freezes are for exceptional circumstances such as pregnancy, serious temporary injury, ill health, studying away or redundancy. Rise Gym may grant the freezing of a membership in its sole discretions or refuse the freezing of your membership without providing you a reason and may not retrospectively freeze any membership.
   • Verbal requests to freeze membership cannot be accepted, all requests must be in writing. You will receive an email confirmation within 3 working days – until you receive this email the freeze will not be valid. If confirmation of freeze is not received, the member is responsible for resubmitting the freeze request to your chosen club
   • Members can apply for a freeze on their membership up to 6 months during any calendar year (individually or consecutively).
   • Additional frozen months can be requested at a charge of £10 per month.
   • Freeze outside of exceptional circumstance can be requested at a charge of £10 per month.
   • Members on maternity leave can freeze their membership for a maximum of 12 months. The minimum freeze period is one month; however, you can unfreeze your membership at any time. 5.5 Extension, amendments or to unfreeze your membership early must be made in writing via email to your chosen club
   • If member request unfreeze of membership a pro rota fee for the remainder of the current month will be payable. The freeze fee of £10 is not payable towards pro rota fee.
   • Freezes can only be processed when a resume date is given. Monthly subscription payments will recommence automatically at the end of a freeze period without additional communication.
   • If your membership is frozen, you may not access the club by using a guest/day pass, you can unfreeze your membership early, or pay the guest fee which is currently £12 (subject to change at any time)
   • Your membership needs to be live if you wish to serve notice to cancel your membership.
   • Freeze request is NOT available for prepaid membership.
   • Contracted months that are placed on freeze do not contribute towards minimum contract. Direct debit memberships will be extended by the frozen period.

 

6. Conduct and House Rules
   • Rise Gym has created House Rules for the mutual enjoyment of the Members and their guests. The enforcement of House Rules is for the good of all Members.
   • No Member or guest will be judged based on their race, gender, marital/civil partnership status, age, disability, religion or belief, colour, national origin or sexual orientation.
   • The Manager or a designee shall have complete charge of the Club whilst on duty.
   • Members may be suspended or expelled from the Club immediately if they display conduct which is or is likely to be in the sole opinion of Rise Gym, injurious to the character of the Club or the interests of the Members and staff, or if they commit a serious or repeated breach of Rise Gym`s House Rules, in particular where amounts owing to Rise Gym are unpaid.
   • An expelled Member forfeits all the privileges of the membership and all rights against Rise Gym.
   • An expelled Member will not be entitled to any refund of their joining fee or subscription and must pay all amounts owed to Rise Gym forthwith.

 

7. Promotion Terms
   • Rise Gym reserves the right to end any promotion without warning at any time.
   • Any prizes offered by Rise Gym must be claimed within 7 Days of announcement of the winners. Rise Gym have 30 days to issue any prize.
   • All Gym challenges are subject to fair play which is managed in club. Any recorded reps or times must be verified and signed off by a company team member.

 

8. QR Entry System
   • A QR Entry system will be available to all members via club app and must be used to activate the entrance gates at the reception to enter the Club.
   • QR codes are non-transferable and must not be lent to, or used by, another person other than the Member.
   • If any person other than Member the QR belongs to uses it to gain access, that Member’s membership may be terminated without warning, and no refunds of the joining fee or subscription will be given.

 

9. Guests
   • Members may bring guests to the Club on payment of the prevailing guest fee or through use of a valid guest credit pass (please note; guest credits passes will have expiry dates subject to change or be non-valid on termination of membership).
   • All guests on a guest pass must be accompanied by an existing member. All guest on a day pass must pay fee & sign in at reception.
   • All guests are required to register at the reception desk, showing valid ID – 1 guest visit constitutes 1 entry to the club.
   • A guest may use the Club a maximum of 5 times in a consecutive 6-month period. After 5 such visits as a guest, they must become a member in order to continue using the Club (at managers discretion).
   • Members may bring a maximum of 2 guests per visit, unless arrangements have been made in advance.
   • All guests must be a minimum of 18 years of age.
   • Members are responsible for ensuring that their guests are aware of, and adhere to, the Club`s House Rules.
   • Rise Gym reserves the right to refuse admission to any guest without explanation.
   • Members can also use their guest credit/pay a guest fee to use other Rise Gym sites up to 5 times per site in any consecutive week.

 

10. Use of Facilities and Services
    • Club opening hours are fixed by Rise Gym and are subject to change without prior notice.
    • Rise Gym may at any time close the Club’s premises or any part thereof, without notice, in order to; execute repairs, alterations, accommodate external events, redecorations or otherwise, to facilitate Club programmes or on certain holidays.
    • Only members of staff may provide personal training services within the Club.
    • Rise Gym reserves the right to refuse entry to the Club’s premises at its absolute discretion.
    • Members are requested to arrive at the club for appointments and studio classes 10mins before the official start time.
    • An instructor may refuse entry if a member arrives later than the start time, or may ask any Member to leave a class if they feel theirs, or another’s, safety or enjoyment is in jeopardy. Please see our booking rules for more information.
    • Whilst every effort has been made to ensure the accuracy of the class programme, the management reserves the right to cancel or re-schedule classes after publication and at any given notice. The programme may be amended during public holidays.
    • It is the Member’s or guest’s responsibility to ensure that they can undergo any activity within the Club and use of club facilities. All activities and treatments are pursued at the Member’s own risk and under their own medical advice.
    • Proper attire, as determined by Rise Gym, must be worn in the Club – this includes not going topless in the fitness areas. Members are requested to wear at all times appropriate clean footwear in the fitness areas. Appropriate attire must be worn in the reception area. Footwear must be worn at all times.
    • Members are requested to shower before entering the Ice Bath.
    • Smoking is not permitted anywhere in the Club.
    • Only food purchased from the club should be consumed within the club. No alcoholic beverages or drugs of any kind may be brought into the Club.
    • Violation of this rule will result in immediate expulsion from the Club and may result in termination of membership.
    • Members or guests shall not use the Club’s facilities whilst under the influence of alcohol or drugs. In the event they do so, this is entirely at their own risk.
    • Mobile phones are allowed in the clubs but should be placed on silent whilst in the gym and changing rooms. Members cannot take photos or videos of other members in the club and considerate of other members when using a mobile phone.
    • In the interest of safety, no glass container may be taken into any fitness areas or changing areas.
    • Be considerate of others; loud or abusive language will not be tolerated.
    • Club property, including towels, toiletries, etc., is provided by the Club as a courtesy to its Members during Club usage only. Removal of Club property from the premises may result in the termination of membership privileges and legal action.
    • Members are required to leave workout areas clean and tidy. As a courtesy to other Members and for health and safety reasons, equipment needs to be replaced in the storage areas/racks provided and equipment must be wiped down after use.
    • Members are required to leave the fitness floors 20 minutes before closing times if they wish to take a shower.
    • Once a year our clubs may have to close over a weekend for general maintenance.

 

11. Lockers
    • Lockers may be available for use by Members and their guests whilst they are on the Club’s premises, subject to availability.
    • Members must ensure that the contents of the daily lockers are removed at the end of their visit.
    • Only Members who have paid to hire a permanent locker may have personal items left in their lockers overnight. Permanent lockers remain the property of the club.
    • The club reserves the right to open lockers without the member’s permission or the member being present. All bags must be kept in lockers and should not be taken into the fitness areas.
    • Rise Gym reserves the right to remove the contents from any ‘non-permanent’ locker, which has not been emptied after the visit.
    • Property cleared from lockers, or left on the premises, shall be held for between 10 – 31 days, dependant on storage available onsite. Unclaimed items are donated to charity.

 

12. Liability
    • Neither the Club nor Rise Gym will accept liability for any damage or loss to a member’s or guest’s personal property brought into the Club’s premises.
    • All activities and treatments are taken at the Member’s or guest’s own risk.
    • Neither the Club, Rise Gym nor their servants and agents shall be liable for personal injury sustained by Members or their guests whilst on the Club’s premises, except in so far as it can be proven that this relates to the wilful act, neglect or default of Rise Gym or the Club or any servants or agents.
    • Members or guests who suffer an accident or injury on the Club premises must report the accident or injury and the circumstances in which it occurred to the General Manager immediately following the accident or injury.

 

13. Member’s Health and Safety
    • Members and guests must warrant and represent that they are in good physical condition and capable of engaging in exercise and notify a member of the fitness team immediately in order that Member/guest notes and their programme can be updated, or medical clearance obtained.
    • If through injury or other reason, such as pregnancy, this is not the case, they must consult a doctor before engaging in exercise and that he/she knows of no medical or other reason why he/she is not able to engage in active or passive exercise and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition.
    • The Member shall not use any Club facilities whilst suffering from any infectious or contagious illness, disease or other ailment or whilst suffering from a physical ailment such as open cuts, abrasions, open sores or minor infections where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of other Members.
    • We recommend that before using the club you familiarise yourself with the fire exits and emergency routes in case of evacuation. Please note that employees are NOT required to “seek & search” the building. Therefore, it is the responsibility of each individual to follow the relevant instructions.

 

14. CCTV

Closed circuit cameras operate throughout the Club (except in the changing areas). Any unlawful activity within the Club may be reviewed for possible legal action.

 

15. Standard Complaints Procedure
    • Members and guests are encouraged to make any comment or complaint via the comment cards located at reception or via email your chosen club Please ensure that all contact details are detailed on the comment or complaint in order that a member of the team can contact you accordingly to discuss.
    • Should a member or guest wish to discuss any issue in person they can also request to speak to the manager on duty who can be contacted by Reception. It is our aim that we respond within 48 hours of receiving a comment or complaint.

 

16. Privacy
    • For the purposes of applicable data protection legislation, Rise Gym will process any personal data you have provided to it in accordance Privacy Policy available on the Rise Gym website or on request from Rise Gym.
    • You agree that, if you have provided Rise Gym with personal data relating to a third party (i) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Rise Gym and (ii) that you have brought to the attention of any such third party the Privacy Notice available on the Rise Gym website or otherwise provided a copy of it to the third party. You agree to indemnify Rise Gym in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

 

17. Disclaimers

Rise Gym makes no warranty or representation that the Services will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

 

18. No Waiver

In the event that any party to these Terms of Service fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

19. Previous Terms of Service

In the event of any conflict between these Terms of Service and any prior versions thereof, the provisions of these Terms of Service shall prevail unless it is expressly stated otherwise.

 

20. Law and Jurisdiction

These terms of Service and the relationship between you and Rise Gym shall be governed by and construed in accordance with the Law of England and Wales and Rise Gym and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.