Terms and Conditions of the Membership

1. Definitions:

1.1 The Club: Stack House Gym, Westcliff / Rayleigh

1.2 The Club Rules: The rules and regulations of the Club, as amended from time to time. A copy of the Club rules are visible on the gym notice board and can be viewed on our website at stackhousegym.co.uk. If you would like to receive a hard copy, please ask us at reception

1.3 Commitment Period: The minimum term you are committing to remain a member of the Club from the %%% of to the commitment period %%% of (subject to extension if your membership is suspended).

2. Membership:

2.1 By signing this Membership Application Form the member agrees to comply with these Terms and Conditions of Membership and the Club 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.

2.3 If you have upgraded your membership to a Premium membership package, this will give you access to the following add-ons: personalised nutrition and exercise plan, 1:1 regular check-ins with your assigned Personal Trainer, goal focussed amendments to your plan.

2.4 The Premium package is an additional £10 a month per person and can be added to any of our standard memberships (i.e. Individuals, Couples, Students, Over 60s, other membership as detailed at the top of this form). If you wish to cancel the Premium add-on, please give us 30 days notice in writing so we can revert your membership back to the standard membership. Please note, cancelling the Premium add-on does not cancel or affect the commitment dates of your standard membership and, your standard membership will continue as per the terms and conditions of this agreement. For the avoidance of doubt, the standard membership commitment dates and terms of membership shall prevail.

3. Duration:

When you join the Club you are agreeing to remain a member for the Commitment Period. If you choose to pay your membership each month by Direct Debit, your Club membership will continue automatically after the Commitment period end date at the fee rate applicable to your membership type and category of membership at that date, but subject to termination in accordance with paragraph 7.2(b). If you choose to join the Club by paying your Commitment period membership fee in advance, your Club Membership will terminate automatically on expiry of the Commitment Period.

4. Fees:

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 your fees will not increase during your Commitment Period. For any changes to the monthly fee, we will give you at least 30 days written notice. The following fees prevail:

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 as specified in your application form. Your joining fee goes to start up costs.

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 If your bank fails to make a due direct debit payment from your account, we will write to advise you of this. 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.

4.6 Should any membership fees not be paid within 30 days of the due date, the full membership fee for the remainder of the commitment period will automatically become due and payable in full.

4.7 Any unpaid and overdue membership fees referred to a Debt collection agency will be subject to a surcharge determined by the debt collection agency 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.

4.8 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.

4.9 Please note, if you choose to join a prepaid membership these are non-refundable or transferable. We will however grant you a 14 day cooling period where refund may be considered if you have not been in to use the gym. Please note that a prepaid membership is where you buy access to the gym for a minimum term period such as day/weekly/weekend pass, 3 months, 6 months or 12 months.

5. Member Rewards Scheme:

The Club may operate a referral scheme whereby you will receive a financial benefit for introducing new members to the Club.

5.1 If the member you introduce joins a membership of longer than 6 months, you will receive one free month. If your referral joins a direct debit membership of 6 months or longer, your benefit will be provided once the second payment has been successfully made by your referral. a) You will only receive this benefit if your membership, and that of the referred member, are both current and paid. 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. e) The Club reserves the right to change the referral scheme at any time.

6. Suspension/Freeze of Membership:

6.1) 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 of £10 per month will be charged by the Club during the suspension of membership. Any suspension during the Commitment Period will extend the length of the Commitment Period by the length of the period your membership is put on hold. Notice to terminate membership cannot run concurrently with a suspension period.

6.2) If a member is on a prepaid membership i.e. 3 month/6 month/12 month and wished to freeze their membership, they will also be subject to paying the freezing free of £10 for each month they wish to freeze.

6.3) Please note that if a membership has been frozen, this will extend their initial commitment period.

7. Termination:

7.1Termination 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 30 days after its due date for payment, 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.

7.2 Termination by you: you may terminate this agreement in the following circumstances: (a) You can give notice to terminate at any point during the Commitment Period but this cannot end your membership before the end of the Commitment Period. Please refer to 7.4 for your cancellation rights whilst you are within the commitment period.

7.3 You may terminate, subject to (7.2 a), your membership by giving the Club at least 1 full calendar month's notice, so that your membership will terminate at the end of the following calendar month after notice was given.

7.4 Cancelling your direct debit instruction for the payment of fees is not sufficient. You may terminate this agreement if you are within your commitment period with 1 calendar month's notice if you are unable to use the Club because of: Relocation of residence of more than 10 miles away from the Club with proof of a utility bill, bank statement or tenancy agreement in your name. If you already live 10 miles away from the Club at the point of joining a membership, we require proof of new address that exceeds 20 miles away from the Club. Long term illness or injury that precludes you from undertaking exercise for more than 3 months upon relevant proof being provided, i.e. doctors letter. Redundancy or financial difficulty with proof from your employer of redundancy or other evidence of loss of livelihood. Pregnancy with appropriate evidence being provided. Please note that cancellation will only be granted when the appropriate evidence has been received and accepted by Stack House Gym Ltd. You may also terminate this agreement if: we permanently reduce the facilities or opening hours of the Club, we change the location of the Club, or, we close the Club for refurbishment for a period of more than 30 days at a time. 1 month calendar written notice is required to terminate or make changes to your account.

7.5 If the gym is forced to closed because of Government Guidelines, we will adjust our service offering so that members will still receive an alternative service from Stack House Gym. This includes (but is not limited to) personalised exercise and nutrition plans, call-back service and mental well-being check-ins, online exercise routines via our social media for your to train along to at home, 30 day workout plan via our members App. Please note, if the gym is forced to closed because of Government Guidelines, your payment will continue unless your email us to freeze as per section 6. We reserve the right to change our service offering without notice, please contact us to find out more.

8. Club Rules:

8.1 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.

8.2 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.

9. Restriction of Liability:

9.1 Subject to paragraphs 9.2 and 9.3, 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.

9.2 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.

9.3 The club accepts no liability for any death and personal injury of members and guest who use the facilities where it was NOT caused by a negligent act and/or omission of Stack House Gym Ltd. Individuals performing exercise at the gym do so at their own risk.

10. Health & Safety:

10.1 Members must read all Health and Safety notices displayed in the Club and comply with their recommendations.

10.2 Members can read our Risk Assessment on request, this is located at Reception.

11. 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.

12. Notices:

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).

13. Online Joining:

13.1) Our joining process is an online process. Full membership prices and options can be found on our website (www.stackhousegym.co.uk), to be selected by you as part of the joining process. By completing the online joining process and becoming a Member of Stack House, you are accepting all the terms and conditions in this Membership Form (insofar as they are applicable). You should only join if you have read them and accepted them.

13.2) This Membership Form starts once you have accepted the terms during the online joining process. By accepting the terms, you are agreeing to pay any applicable Joining Fee, Administration Fee, Membership Amount and Monthly Membership Amount, subject in each case to any Promotional Rate that may be payable for a limited period only. These are shown at the start of the joining process and again before you confirm your payment instruction. Once payment has been made, these are non-refundable or transferable. You may choose during the online joining process to start your Membership either immediately or one month from the date that you accept the terms. You agree to comply with the gym club Rules and you agree to use the gym facilities and equipment in the proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury you suffer through the incorrect use of our equipment or facilities. You confirm that you are at least 16 years old. You will be liable for any damage caused to our equipment or facilities through your negligent use. You agree to tell us immediately of any changes to your personal details, including contact information; this should be done in the online Member portal or at the front desk.

13.3) By setting up a Direct Debit via the online joining process, it is your responsibility to ensure that there is sufficient funds in the account for payment(s) to be processed. If you are not the payer of the membership, it is your responsibility to contact us as soon as possible and ensure the Direct Debit mandate has been signed by the payer.