Terms & Conditions

Introduction

To help you get the best out of The Warehouse Gym and to understand our responsibilities to you and your responsibilities to us, please read these terms and conditions.

This document forms a legal, binding agreement between you and The Warehouse Gym, so please make sure that you read them carefully and understand them.

If you have any questions as to the contents of this agreement, a member of our team at the reception will be happy to help you, or please contact a member of human resources at info@thewarehousegym.com.

To help make these terms and conditions easy to read, we have split them into two parts.

Part A– terms and conditions of membership

All members must keep to the same terms and conditions including those linked to the membership.

Part B- rules and regulations for using facilities

These terms and conditions apply to all of our members and their guests. They are necessary to make sure we can offer an enjoyable and safe environment for you and our other members to share during every visit to the gym.

These terms and conditions apply at all times and take priority over anything a member of our team has told you.

These terms and conditions replace any previous versions.

Part A- terms and conditions of membership


1. Responsibilities of lead members and linked members

a. Every person who signs the membership application will be jointly and individually responsible under this agreement

b. This means that:

• If one of those people tells us to do anything in relation to the membership (including ending it) we will take that as authority from all of them;

• Each of those people will be responsible for paying all of the appropriate membership fees for themselves, for any other people who have signed the form and for all linked members

c. The responsibility in A1b for the fees and charges of any linked member continues until:

• The linked member ends their membership by following the procedure in A8 ‘Ending your membership’

d. The rules in A1a to c also apply to anyone who makes an application online.

e. All of these terms and conditions of membership apply to you and all linked members unless we tell you otherwise.

f. You and all linked members must keep to the rules and regulations for using the facilities set out in Part B.


2. Notice

a. We calculate your membership in whole calendar months. This means that the following applies.

• Anywhere in these terms and conditions where we ask you to give notice of one calendar month or more, if you give notice during a month, we will treat it as if we received it on the first day of the following month and the notice period will run from that day. For example, if you need to give us one month’s notice to end your membership and we receive your notice on 23 February, your notice will start from 1 March, it will run out on 30 March, your membership will end on 30 March and you will pay one more direct debit (on 1 March) after giving notice. The only exception to this is if you give us notice at the beginning of a month. This means that if we receive notice from you up to and including the fourth day of a month, we will treat it as if we received it on the first day of that month and the notice period will run from that day.

• Anywhere in these terms and conditions where you can give notice to end your membership from the end of the month, when you give notice we will end your membership at the end of the month during which we receive your notice as long as you have met all other requirements associated with it. For example, if we receive your notice on 23 May (with any supporting evidence we have asked for), your membership will end on 31 May and you will not have to pay any more direct debits after 31 May. There are no exceptions to this rule. For example, if you give us notice on 1 June, your membership will end on 30 June and you will not have to pay any more direct debits after 30 June.

• If your membership rolls over into the second 12 month contract, only from this point onwards do you have to give at least 3 calendar months’ notice, if you give notice during a month, we will treat it as if we received it on the first day of the following month and the notice period will run from that day. For example, if you need to give us three month’s notice to end your membership and we receive your notice on 23 February, your notice will start from 1 March, it will run out on 31 May, your membership will end on 31 May and you will pay one more direct debit (on 1 April) after giving notice. The only exception to this is if you give us notice at the beginning of a month. This means that if we receive notice from you up to and including the fourth day of a month, we will treat it as if we received it on the first day of that month and the notice period will run from that day.

b. If you want to give notice, it must be in writing (addressed to the reception). We will accept notice by email info@thewarehousegym.com.

c. If you need to give us evidence of certain things, you can provide them as attachments to an email.

d. Your notice is not effective until we have received it. We strongly advise that when you give notice you get proof that we have received it. For example:

• If you send us notice by post, send it by recorded delivery (we will have to sign the delivery notice when we receive it);

• If you hand your notice in at the gym, ask for a receipt; or

• If you send us your notice by email, ask for a delivery receipt.

e. We will confirm we have received your notice within 10 days of receiving it. If you do not receive this confirmation within 10 days, you must immediately let us know so we can check whether we have received it.

f. From time to time we will need to contact you about your membership, so it is important you let us know if your address, contact phone number or email address changes.

g. If we need to give notice to you:

• It will be effective if we send it to the address or email address, we have in the records we hold about you; and

• If we give notice during a month, our notice period will run from the first day of the following month.


3. Membership types and length of membership

Standard Annual Membership

a. Your membership will begin on the day when you make your membership application.

b. For a Standard Annual membership your membership will run for the initial period, which is at least 12 full calendar months (see A4c) and will continue then indefinitely until you give us at least one full calendar months’ notice in writing in line with A2 notice.

c. If you want to end your membership from the end of the initial period, you can give us one calendar months’ notice (see A2 ‘Notice’) as long as we receive your notice any time up to and including the first day of the final calendar month of your initial period. If you give us notice but we do not receive it by the first day of the final calendar month, your membership will not end at the end of your initial period. Instead, we will treat your notice as if we received it on the first day of the following month and your membership will not end until one month after that date. We will contact you in writing at an appropriate time towards the end of your initial period to remind you of this. There is more information on ending your membership in A14 ‘Ending your membership’.

4. Starting your membership

a. If you ask us to reduce your membership fee because you meet a special condition, for example because you work for a particular employer, you will need to provide evidence that you meet the condition before we will reduce your fee and, from time to time, we may ask you for up-to-date proof that you still qualify for the reduced fee.

b. When you and anyone linked to your membership join, you will each need to have your photograph taken. This is to allow us to check your identity when you enter the gym.

c. You can change your mind about joining. To do this you will need to give notice in writing. If you change your mind, we will refund any fees you have already paid, and your entire membership will end. You can do this at any time up to seven working days after making your membership application or up to the first time you or any of your linked members enters the gym to use the facilities, whichever is the earlier.

5. Proof

a. We may need you to provide proof, which is satisfactory to us, of:

• Your eligibility for a specific type of membership, either before your membership starts or at any time during your membership; or

• Your entitlement to cancel or freeze your membership; or

• Any email you sent to confirm cancellation or the date you posted your cancellation notice, or both.

• If you cannot provide satisfactory proof, for example you cannot prove the date of postage of your cancellation notice, we will not be able to cancel your membership and your membership may continue unless and until you do provide us with a proper and effective cancellation notice.

• If you cannot provide satisfactory proof of your eligibility for a particular discounted membership, we will automatically upgrade you to the full rate and inform you in writing in line with the direct debit guarantee.

• We will require a photograph to be taken as proof of identity and to be held against your membership record to validate entry.

• We will request photographic evidence at your time of joining, to validate your identity.

b. Your contact details:

• We will send all, emails, communications and information to the address and other contact details you have given us on your membership agreement form. You must keep us up to date with any changes to your address or other details by filling in an administration form at your reception.

• If at any point we find that you have provided us with an incorrect name, address or other details which are not your own, we have the right to cancel your membership and prevent you from joining or attending The Warehouse Gym in the future.


6. Membership fees

c. For a Standard Annual membership your membership fee is due every year and covers the year to come. You must pay for your membership by making one payment each year.

d. For Standard Monthly membership your membership fees are due on the 1st of each month and cover that month. You must pay for your membership by making monthly payments by direct debit, unless we agree otherwise.

e. Where you pay by direct debit, we will ask your bank for your monthly payment around the first working day of each month.

7. Membership fobs

a. As soon as possible after you make your membership application, we will send or give you and any linked members a membership fob that you (or they) must use each time you (or they) enter the gym. We may refuse to allow you (or them) to enter the gym if you (or they) do not have your (or their) membership fob.

b. If your fob needs replacing, we will replace it for a £5 charge.

c. Your membership is personal to you and you cannot transfer it to another person. You must not lend your membership fob to another person. To protect all of our members, we may ask to see another form of identification (besides your membership fob before we allow you into the gym. When you join, we will also ask to take your picture as a form of identification with each fob.

d. If another person uses your membership fob, we have the right to end your membership. Please read clause A12 ‘Our right to cancel your membership’.

8. Guests/ Non members

a. Guests must pay the appropriate fee to use the facilities at the gym.

b. Guest fees may differ depending on if there is a current promotional offer in place

9. Freezing your membership

a. At any time (other than after you have given us notice to end your membership) you can suspend your membership for a period of two months or more.

b. If you want to suspend your membership you will need to fill in a membership suspension form. These are available at reception or can be requested at info@thewarehousegym.com.

c. If your membership has linked members:

• You can suspend the entire membership for yourself and all linked adult members, but you and all adult linked members will have to sign the membership suspension form;

• Individual adult linked members can suspend their membership, but you and they will have to sign the membership suspension form;

d. The suspension will take effect from the first day of the month following the date we receive your membership suspension form signed by everyone who needs to sign it. You must make sure that the gym has received the signed membership suspension form. As the suspension will not take effect until we have received the form, we strongly advise that you get proof that we have received it. For example:

• If you send the form by post, send it by recorded delivery (we will have to sign the delivery notice when we receive it); or

• If you hand your form in at the reception, ask for a receipt.

e. We will confirm, in writing, that we have received this form and the date when the suspension will begin. If you do not receive this confirmation within 10 days, you must immediately let us know.

f. Throughout the time any adult membership is suspended, we will charge you 25% of the relevant monthly fee for each month the membership is suspended.

g. You can suspend your membership if you are suffering from a medical condition which means you are unable to use the gym (this does not include pregnancy but does include a medical condition that arises during pregnancy). You must give us suitable evidence. The suspension will take effect from the first day of the month following the date we receive your membership suspension form signed by everyone who needs to sign it and your suitable evidence. Throughout the time your membership is suspended due to a medical condition there will be no monthly charge and you will not be able to enter the gym.

h. If you give us notice to end your membership or the membership of a linked member while it is suspended, the suspension will end at the same time as the notice period starts, unless you are ending your membership early in line with A10.1 ‘Ending your membership early’. If you are ending your membership in line with A10.1, the suspension will continue to the end of your membership.

i. Suspending your membership is not the same as ending your membership.

10. Ending your memberships

a.  If your membership has no linked members, only you can give notice to end it.

b.  If your membership has linked members, the following rules apply for ending membership.

ï If you give notice to end the membership, we will treat it as applying to you and to all linked members unless you tell us otherwise.

ï If a linked member who has signed the membership application form gives notice to end the membership, we will treat it as applying to you and to all linked members unless the person giving notice tells us otherwise.

ï If your membership is ended, it automatically ends the membership of all linked members.

ï Individual adult linked members can end their own membership by giving us notice.

c. The notice periods and the restrictions on giving notice in the initial period are set out in A3 ‘Membership types and length of membership’.

d. You must continue to pay your membership fees until your membership ends.

e. Your membership will end at the end of your notice period.

11. Ending your membership early

Medical condition, employment relocation or house move.

a. At any time you can end your membership if:

• You are suffering from a medical condition which means you are unable to use the gym facilities (this does not include pregnancy, but does include a medical condition that arises during pregnancy);

• You are being relocated in your employment to a location which is more than 10 miles from The Warehouse Gym

• You are moving home to a location which is more than 10 miles from The Warehouse Gym; or

• We are satisfied that there has been a change in your personal circumstances, other than those listed above, which means that it is no longer reasonable for you to use the gym or to continue being a member.

b. To end your membership for one of the reasons listed above, you must give us notice in writing in line with A2 ‘Notice’. Your membership will end on the last day of the month in which we receive your notice or your suitable evidence, whichever we receive later.

12. Our right to cancel your membership

a. We will not tolerate our staff or other members being verbally abused or intimidated or being physically threatened. You can find the gym rules in B4 ‘Gym and fitness facilities’. If we find this to be the case, we have the right to report you to the police, to ban you immediately and permanently from the gym and to cancel your entire membership.

b. We may also cancel your entire membership in the following circumstances.

• If you or a linked member breaks or repeatedly breaks this membership agreement or the gym rules and you do not or cannot put it right within seven days of us writing to you about it.

• If, with your knowledge or permission, another person uses your membership fob to get into the gym.

• If, with a linked member’s knowledge or permission, another person uses that linked member’s membership fob to get into the gym.

• If you, your linked member or your (or a linked member’s) guest uses rude or abusive language or behaves or threatens to behave in a violent or aggressive way at the gym.

c. If we receive any complaint about your behaviour or that of a linked member persistently behaves inappropriately, we have the right to suspend your entire membership. You have the right to appeal against our decision (unless your behaviour is covered by A11a or A11b). You can get details of our appeal procedures from our head office. If we are not able to sort out the issue following your appeal, or if you do not appeal in line with our appeal procedures, we have the right to cancel your entire membership.

d. If we cancel your membership for any of the reasons in clauses A11a to A11c, we have the right to keep a proportion of the money you have paid under this agreement to cover any reasonable costs we have had to pay. We will also not accept any future applications you make for membership to The Warehouse Gym.

13. If you do not pay your membership fee when it is due

a. If you do not pay your membership fee when it is due, we will write to you to let you know. If you are paying by direct debit, we will try to take this payment from your account again later in the month. If that is unsuccessful, but your direct debit instruction is still in force, we will try to take payment again in the following month for the payment you have missed and the amount due for the current month.

b. We may refer any missed payments, including any future payments that are due as part of your contract (for example, payments you owe for the rest of an initial period or notice period), to a debt-collection agency.

c. If you do not pay for your membership, we may prevent you and any linked members from entering the gym. This does not mean we will end your membership.

d. Cancelling your direct debit does not mean you have given us notice to end your membership. You must give us written notice in line with A2 ‘Notice’.

14. Changing your membership fees and this agreement

a. We may increase membership fees automatically. If we do this we will inform you, through writing, at least one month prior to making this change.

b. As well as the increase described in A14a above, we have the right to increase membership fees at any time to take account of any increase in the rate of VAT. We will make every reasonable effort to give you at least one months’ notice of the increase (either in writing or by displaying a sign on the noticeboard in the gym).

c. We may make reasonable changes to this agreement, to these terms and conditions in Part A and to the rules and regulations in Part B or displayed in the gym, at any time, as long as we give you notice before we make the changes.

15. Complaints

a. The Warehouse Gym are committed to providing all of our members and gym users with a professional and friendly environment in which to train and use the facility; however, if there are ever any cause for complaints then these need to be raised in writing as soon as possible.

b. Complaints are to be raised in writing, however verbal complaints will be accepted and dealt with as per the same procedures.

c. If you wish to request the Company’s complaint handling procedure, you will be provided a copy of the procedure and form either by email or from a member of staff. Please address any complaints to the Human Resources Department at info@thewarehousegym.com who will deal with your complaint as soon as possible.


16. Liability

a. We do not accept liability for damage or loss to your property or a guest’s property that may happen on the premises or within the grounds of The Warehouse Gym, other than the liability which arises from our negligence or our failure to take reasonable care.

b. Nothing in these terms and conditions is meant to limit any rights you might have as a consumer.

17. Data Protection

The Warehouse Gym (‘we' or ‘us' or ‘our') gather and process your personal information in accordance with this privacy notice and in compliance with the relevant data protection Regulation and laws in order to meet our legal, statutory and contractual obligations and to provide you with our products and services. We will never collect any unnecessary personal data from you and do not process your information in any way, other than as specified in this notice.

d. The personal data that we collect from you is: -

• Full Name

• Date of Birth

• Home and/or Business Address

• Personal Email Address

• Telephone Contact Number / Emergency Contact Number

• Special Category Data (i.e. Health / Medical Information)


e. We take your privacy very seriously and will never disclose, share or sell your data without your consent; unless required to do so by law. We only retain your data for as long as is necessary and for the purpose(s) specified in this notice. Where you have consented to us providing you with promotional offers and marketing, you are free to withdraw this consent at any time.  The purposes and reasons for processing your personal data are detailed below: -

f. We collect and store your personal data for the purpose of creating your gym membership and to enrol you as an active member of The Warehouse Gym. We will occasionally send you marketing information where we have assessed that it is beneficial to you as a customer and in our interests. Such information will be non-intrusive and is processed on the grounds of legitimate interests.

g. certain circumstances, by law you have the right to:

Request Access: You have the right to ask for a copy of the information we hold about you and to have any inaccuracies within your information corrected; this enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

• Request Erasure: You have the right to the erasure of the data we hold on you; when it is no longer needed for the purposes of your membership with The Warehouse Gym or when you withdraw your consent for our processing.

• Request the Restriction of Processing: You have the right to ask us to place restrictions on processing your data in certain circumstances; for example, if you wanted us to establish its accuracy or the reason for processing it.

• Request Notification: You have the right to be notified of any modification, eradication or restrictions in relation to your personal data.

• Request Transfer: You have the right to receive the data we hold on you electronically in a format that allows it to be easily transferred to another data controller, if required.

• Right to Object to Processing: You have the right to object to data processing of your personal data for direct marketing or profiling purposes.

h. If you want to review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that we transfer a copy of your personal data to another data controller, please contact us.

i. Warehouse Gym only ever retains personal information for as long as is necessary and we have strict review and retention policies in place to meet these obligations. Where you have consented to us using your details for direct marketing, we will keep such data until you notify us otherwise and/or withdraw your consent.

j. only process your personal information in compliance with this privacy notice and in accordance with the relevant data protection laws. If, however you wish to raise a complaint regarding the processing of your personal data or are unsatisfied with how we have handled your information, you have the right to lodge a complaint with the supervisory authority.


Part B- rules and regulations for using the gym


1. Car park

a. You are only entitled to use the gym car park while you are using the gym. You must park only in the W1 spaces. If you do not have a disabled badge you must not park in the spaces reserved for disabled badge holders.

b. We do not guarantee that car parking is available at the gym.

c. You park in the car park at your own risk. We do not accept liability for any loss or damage to your car, or personal belongings in it, while you are parked in our car park.

2. Lockers


a. You bring all personal belongings to the gym at your own risk. We do not accept legal responsibility for any loss

b. If you leave your belongings in a locker overnight, we have the right to remove your belongings. You can claim the belongings we have removed from the reception for up to two weeks after we remove them. After this time, we will not be responsible for the belongings.

c. If you find lost property, you must hand it into the reception immediately.