Your health is your responsibility. The management and staff of this organisation are dedicated to helping you take every opportunity to enjoy the facilities that we offer. With this in mind, we have carefully considered what we can reasonably expect of each other.

Our commitment to you

1. We will respect your personal decisions, and allow you to make you own decisions about what exercise you can carry

out. However, we ask you not to exercise beyond what you consider to be your own abilities.

2. We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to

use and enjoy.

3. We will take all reasonable steps to make sure that our staff are qualified to the fitness industry standards as set out by the Register of Exercise Professionals.

4. If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our equipment and

facilities, we will consider what adjustment, if any, are reasonable for us to make.

Your commitment to us

1. You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition

which might interfere with you exercising safely, before you use our equipment and facilities you should get advice

from relevant medical professional and follow that advice.

2. You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks.

You should not carry out any activities which you have been told are not suitable for you.

3. You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not

qualified doctors, but there will be a person available who has had first-aid training.

4. If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.

Declaration:

I wish to participate in activities within Fitness Evolution and I agree to abide by the terms and conditions

below which I have read

Terms & Conditions

1.0 Exercise Studio

1.1 Entrance to any classes is permitted upon signing the Health Statement

1.2 Users and guests using the gymnasium, studios or 3G must have appropriate clothing

1.3 “Studio Etiquette” requires users to put back any equipment after each exercise class has taken place. This

includes hand weights, mats, spin bikes, swiss balls and medicine balls

1.4 All hand towels or litter must be removed from the studio and placed in one of the bins provided

1.5 Access to the studio is only permitted when a class is being supervised or if you have prior consent from a

member of the fitness team.

2.0 Fitness Gym

2.1 Entrance to this facility will only be granted upon completion of the induction process. This will not be

waived for any individual or individuals

2.2 Usage will be on a first come, first served basis, until this needs to be addressed by the management team.

Therefore during peak times you may be denied access if the capacity has been reached

2.3 Appropriate indoor training shoes (no black soles, Sandals or Flip Flops) must be worn at all times in the

gym or studio. Outdoor or muddy training shoes will not be permitted

2.4 Appropriate clothing must be worn when using the gym or studio. This requires participants to be wearing

a t-shirt/vest, or sweat shirt, and shorts or track suit bottoms. Jeans or trousers will not be permitted

2.5 Users and guests using the gym or studio facilities must shower and change before using the café bar area

2.6 “Gym Etiquette” requires users to wipe down a piece of gym equipment with a towel immediately after

use. Paper towels will be provided at certain points around the gym

2.7 During busy periods, use of a particular piece of cardiovascular equipment must be limited to 20 minutes

2.8 Mobile phones must be not answered whilst working out in the Gym and Studio

2.9 Only Sports drinks and water are permitted to be consumed in the gym or studio. No food is allowed

2.10 No kit bags will be allowed to be stored in the gym or studio. Please use the lockers that are provided in

the changing rooms

2.11 “Gym Etiquette” requires users to put back any equipment after use, this includes swiss balls, free weights

and medicine balls

1. MEMBERSHIP

1.1 Your membership will begin on the membership start date.

1.2 Your membership will continue to roll on month by month basis.

1.3 If you are paying monthly, you may cancel your membership at any time by giving one month’s written notice to the centre. The date of cancellation will be the final date of the following month, unless notice is provided during the first week of the month. If you are paying annually, then this can’t be cancelled or refunded.

2. FACILITIES

2.1 You are entitled to use the facilities available to your membership type (see the paper copy given to you at the time of signing up).

2.2 You may have to pay additional charges to use certain facilities at the centre. You can get a list of these charges from Reception. These prices are subject to change at any time.

3. OUR LIABILITY TO YOU

• 3.1 You acknowledge that there is an inherent risk of injury (including permanent injury and even death) when undertaking exercise and you understand the dangers and risk in undertaking physical exercise. This is including, but not limited to, serious neck and spinal injuries, injury to bones, joints, ligaments, muscles, and tendons. By submitting your membership, you voluntarily assume such risk.
• 3.2 You understand and accept that Fitness Evolution shall only be liable for personal injury or death where this arises from Fitness Evolution, its employees’, or its subcontractors’ negligence.
• 3.3 Fitness Evolution shall not be liable, whether in tort, contract, law or otherwise, for any loses including:
  • – Loss of income or revenue
  • – Loss of profit
  • – Loss of business
  • – Loss of anticipated savings
  • – Loss of data
• 3.4 We shall compensate you, or your estate, in respect of:-

3.4.1 Any uninsured loss or damage to your personal property, or

3.4.2 Your death, or any personal injury suffered by you to the extent that the same is caused directly by:-

a) Our negligence, or

b) Our breach of this agreement or any term implied by law, except where such breach is caused by you or an event outside our reasonable control.

1. Subject to clause 4.1 above all liability to you is excluded.

2. You must not leave personal property unattended at the centre, unless it is locked in one of the lockers provided in the changing rooms.

4. CENTRE RULES

4.1 You must comply with the Centre Rules which form part of this agreement.

4.2 We may change the Centre Rules at any time. We will post notice of any changes on the Centre’s Notice Board.

5. DEFINITIONS

5.1 ‘You’ the member named above.

5.2 ‘We and us’ Fitness Evolution at Burnley College.

5.3 ‘Centre’ Fitness Evolution at Burnley College.

5.4 ‘Centre Rules’ Fitness Evolution at Burnley College gym policy.

5.5 ‘Agreement’ your application form, these terms and conditions of membership and the Centre Rules.

6. CHANGING TERMS AND CONDITIONS

6.1 We can change these Terms and Conditions at any time after the initial period. We will give you one month’s notice of this change in writing at the address you have given us and by a notice on the Centre Notice Board.

7. FACILITIES

7.1 Before using any exercise equipment you must complete our questionnaire and supervised induction session. We can refuse access to the centre’s facilities if we consider that your health may be adversely affected by the use of such facilities.

7.2 You must not take part in any physical activity for which you may not be fit. You are responsible for monitoring your own condition during any activity. If you have any concern about your physical condition you must stop activity and consult your doctor without delay.

7.3 We may change the centre’s opening times or withdraw any of the facilities at any time if we need them for events, tournaments, exhibitions or other activities, or in connection with any repair, alteration or maintenance work, or for any other reason. We will display notices of any minor changes on the Centre’s Notice Board. If we need to make any significant change to opening hours or facilities, we will write to you at the address you have given us and display details on the Centre’s Notice Board one month before any such change takes place.

8. MEMBERSHIP CARDS

8.1 We will give you a membership card, which you must use each time you enter the centre or use the facilities. If another person uses your card, we can cancel your membership.

8.2 If you lose your membership card, we can charge a fee to replace it.

9. CONDUCT

9.1 We can prevent anyone entering the centre if we think their conduct or appearance is inappropriate. 9.2 You must show consideration for other people at the centre.

10. UNDER 16

10.1 If you are under 16, your parent or guardian must sign this agreement on your behalf. By signing the agreement your parent or guardian agrees to be responsible for your behaviour and actions at all times and to pay us any amounts that are due on your behalf.

11. LOCKERS

11.1 Lockers are available for hire on a daily basis.

11.2 We will remove any items left in lockers overnight and keep them for a period of four weeks, after which time we shall have no responsibility for them.

12. PRIVACY POLICY

12.1 Fitness Evolution at Burnley College is registered with the Information Commissioner and complies with the Data Protection Act 1998. The information provided will be held on a computer database and may be used for marketing purposes by Fitness Evolution and Burnley College ONLY.

13. FEES

13.1 The joining fee is due and payable immediately upon the start of membership. Any and all payment/fee is non-refundable other than in the event of breach or negligence on our behalf or in the valid exercise of your statutory cancellation rights.

13.2 Your obligations include payment of the direct debit payment amount. You are obligated to make the minimum no. of direct debit payments stated with the first one being paid on the first direct debit payment date and then every month

thereafter. You are obligated to make every direct debit payment regardless of non-attendance, except where the agreement is cancelled in accordance with the cancellation terms listed below, or, under your statutory cancellation rights.

13.3 If you fail to pay any money due under this agreement or if any direct debit is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay Burnley College on demand (i) an initial administration fee of £15; and (ii) any all further reasonable costs incurred in recovering the due fees and charges from you, including costs in tracing you if you have changed your address without telling us. Fitness Evolutions’ right to recover these fees and costs shall be in addition to and without limitation of our rights or those of Burnley College which may exist not with standing the terms of any agreement.

13.4 We ask that all members agree to advise us promptly of any change to your member details.

13.5 If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third party company for collection. In addition to any costs and charges Burnley College may be entitled to, the reasonable and direct costs incurred in employed the third party company will be borne by you, including costs in tracing you if you have changed your address without telling us.

14. CANCELLATION

14.1 Memberships commence once you have indicated your acceptance in the declaration section of the sign up process.

14.2 You have to give 30 days’ notice of any cancellation. Failure to give this notice will result in extra charges being incurred and that could involve additional admin fees of up to £25 on top of charges for your cancellation.

14.3 Certain circumstances will be excused with each case assessed individually. Please note – ANY cancellation for the reasons cited below will not be accepted until the appropriate proof is provided and received (in writing/via email/via our website) by Fitness Evolution.

14.4 Relocation: Any agreement may be cancelled in the event that your new permanent address is more than 15 miles away from the facility. This must be certified with a copy of a utility bill or bank statement showing the new address.

14.5 Long term (over 3 month) illness or injury: A membership may be cancelled in the event of an illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for 3 months or longer upon appropriate proof being provided.

14.6 Redundancy: This agreement can be cancelled upon appropriate proof of redundancy from your employer or other loss of livelihood. 14.7 Pregnancy: This agreement can be cancelled if you become pregnant upon the appropriate written proof being given.

14.8 Breach: This agreement can be cancelled if we are in breach of contract including if we do not provide facilities or services you may reasonably expect and we have fallen well below that standard.

15. FREEZING

15.1 In exceptional circumstances you can ask us to freeze your membership. However, whether we agree will be our decision. You should apply, in writing, via Freeze Section Online or to the Membership Department, Burnley College, Sports Department, Princess Way, Burnley BB12 0AN. This service is free of charge but we reserve the right to charge a fee for this service (members will be informed of the change before its introduction).

15.2 You can apply in writing to the Membership Department at any time to change your membership type. You must demonstrate eligibility for the new category and whether we agree to the change will be our decision.

15.3 Temporary illness or injury: Your membership may be frozen in the event of a temporary illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for a period of time.

15.4 Please note – any freeze will not be put into effect until the appropriate proof is provided and received (in writing or via email) by Fitness Evolution

15.5 Please note – A freeze period does not affect the minimum no. of direct debit payment you are due to make and any payments remaining at the time of the freeze will remain due and recommence on a monthly basis once the freeze period has completed.

16. AUTOMATIC RENEWAL

16.1 Once you have completed the minimum no. of direct debit payment we will automatically continue collecting the direct debit payment amount every month. Your membership will be extended by one month for each payment (renewal period). This renewal direct debit payment amount may only be amended if we advise you in writing giving not less than 30 days’ notice. Please note if your membership included the benefit of a free period we will stop making collections during that free period and recommence making collections on the renewal date.

16.2 You may prevent the automatic renewal at any time by giving notice to Fitness Evolution (giving no less than 30 days’ notice). When the final minimum period payment has been taken you should also cancel your direct debit mandate directly with your bank.

16.3 Once you have completed the minimum number of direct debit payments you can cancel your automatic renewal payments by contacting Fitness Evolution (giving no less than 30 days’ notice). After the final payment has been taken you should also cancel your direct debit mandate with your bank.