TERMS OF MEMBERSHIP - GENERAL TERMS & CONDITIONS
1. CONSTITUTION
Upgrade Fitness Limited (“the Company”) is a Guernsey Registered company (registration number 61845) registered address is Rohais Warehouse, Le Rohais, St Peter Port, Guernsey, GY1 1YW (“the Premises”) and trades under the name Upgrade Fitness, collectively known together as (“the Gym”) is a social and fitness facility.
2. ACCEPTANCES AS A MEMBER
Upon the receipt and processing of a fully completed application form and a verified purchase of a membership plan to the Gym, an applicant is then known as a Member of the Gym. The Gym reserves the right to use its discretion for application acceptance. If an application for membership is accepted by the Gym, membership shall commence upon the agreed start date. The Member is issued with a personal membership account and will be issued with a membership key and shall be entitled to all of the rights and privileges for which their application for membership has been accepted. Entry to the Gym is gained on presentation of a valid membership key at the various access control points (or by providing a full name at the front desk of the Premises).
Any accepted application for membership of the Gym shall constitute as a binding contractual arrangement between the Gym and the Member as per these Terms and Conditions of membership.
3. LIMITATION OF LIABILITY
Upon the applicant becoming and being a Member of the Gym, the Member agrees that:
None of the Gym, the Company or their directors, employees or agents shall be liable for any loss, damage or theft of personal property belonging to the Member, guest of the Member occurring upon the Premises.
None of the Gym, the Company or their directors, employees or agents shall be responsible for any death or injury, occurring upon the Premises or as a result of the use of facilities, food, beverages, supplements and/or equipment provided by the Gym, except to the extent that such death or personal injury to the Member arises from any negligent act or negligent omission of the Gym, the Company or any agent or employee of the Gym.
4. PHYSICAL CONDITION OF MEMBER
The Member warrants and represents that they are in good physical condition and that they are capable of engaging in active or passive exercise/nutritional programmes, and that such programs and exercise would not be detrimental to their health, safety, comfort or physical condition. If their physical condition changes, this must be relayed to the Gym’s staff before exercise is undertaken on the Premises.
5. ASSIGNMENT
Membership of the Gym is solely personal to the Member and cannot be assigned, transferred or otherwise disposed of without notice. The Member shall not loan their membership key or permit its use to anyone other than the Member.
6. MEMBERSHIP
Candidate for Membership shall be at least 18 years of age.
Individual Membership is available subject to acceptance by the Gym and subject to the Member abiding by the terms and conditions of Membership and the Gym Rules.
7. JOINING FEE AND MEMBERSHIP SUBSCRIPTIONS
All new applicants shall make an initial payment comprising of the appropriate joining fee and the subscription applicable at the time of acceptance as a Member of the Gym. The joining fee is a non-refundable payment entitling you to become a Member of the Gym. It does not entitle you to the use of the Premises facilities as these are covered under the subscription fee. At the time of joining Members must provide direct debit (bank account), credit or debit card details. Irrespective of actual usage of the facilities or any change in the Members’ personal circumstances. Ongoing Membership subscriptions shall, when due, be payable by each Member and shall be debited from the nominated payment method. In the event of a Membership expiring, additional joining fees and the current subscription fees will become payable if the previous Member wishes to re-join.
Membership subscription prices may be increased by the Gym at any time. The Gym shall give the Member no less than thirty days’ notice prior to any such increase.
If any part of the membership subscription remains unpaid thirty days after the due date for payment, all monies owing to the Gym in accordance with the contractual agreement will become due immediately.
Joining fees are applicable upon each term of the Short term membership options.
8. FREEZING OF MEMBERSHIP
Where a Member is unable to use any of the Gym’s facilities, due to pregnancy or a medical condition the Member can apply in writing to the Manager to have their membership frozen. For medical conditions a doctor’s note will need to be presented during freezing. For all other reasons a maximum amount of time a membership can be frozen within a 12-month period is three consecutive calendar months. The minimum freezing term is one month. If a member wishes to reactivate before the first month’s freeze has lapsed, the month subscription payment will be due. Please note that for monthly paying Members, freezing will become effective from the date of the next direct debit payment. Once the Membership has been frozen for the maximum amount of time then the Gym will resume the membership subscription and unfreeze the membership. A freeze period does not affect the minimum number of direct debit payments 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 been completed.
Short term memberships cannot be frozen under any circumstances.
Membership freezes must be actioned with at least 30 day’s notice and must be done by sending an email to tim@upgrade.fitness. Should you cancel your membership and wish to re-join after a 6-month period you will be eligible for another joining fee payment. Those who re-join within a 6 month period from cancelling their membership will have the joining fee waived.
9. FOUNDING MEMBERS
Founder Members must remain current and continuous to benefit from the discretionary founder rate and are only able to ‘freeze’ for pregnancy or a medical condition supported by a doctor’s letter. If the Founder Membership lapses or is cancelled and the Member wishes to re-join they will incur a re-joining fee and the then applicable subscription rates will apply. The Founding Members membership rate will be fixed for two years from the opening date of the Gym. For two years the membership rate payable will not be subjected to any increases. After this two-year period, the Founding Member rate can be subject to increases if deemed appropriate. For the avoidance of doubt, Founder Members are “Members” for the purposes of these Terms and Conditions.
Founding Members are subject to the normal terms and conditions of membership as set out in this document.
10. TERMINATION AND CANCELLATION OF MEMBERSHIP
Upgrade Fitness may reprimand, suspend or expel any member without assigning any reason for doing so if, in their opinion, the conduct of the Member is or has been likely to be injurious to the character or interests of the Gym. No appeal whatsoever shall lie from the Proprietor’s decision nor shall any Member or guest of the Member have any claim or remedy whatsoever against the Gym or any director, employee or agent in respect of any such matter.
A Member paying by monthly subscriptions is not entitled to cancel their membership during the initial period of the membership contract. The only exceptions to this are for relocation off Guernsey on receipt of a bank statement or utility bill; long term (over 3 month) injury or illness in the written opinion of a doctor or suitably qualified medical professional; Redundancy on receipt of appropriate written proof from an employer or Pregnancy on receipt of written proof.
After the initial period, a Member may cancel membership by giving one calendar month’s notice in writing to the Gym. The management reserves the right to collect any sums outstanding by Direct Debit or by charging the nominated debit or credit card.
Memberships that have been paid in advance are not eligible for any refund.
Upon cancellation of membership, any monies owed to the Gym relating to subscriptions will automatically be charged to the Member via their nominated debit or credit card.
11. UPGRADE FITNESS PERSONAL COACHING / TRAINING APPOINTMENTS
Members must provide 24 hours notice for cancellation of personal training. If a Member fails to attend an appointment for personal coaching or training without providing the stated notice, the Gym reserves the right to charge the full cost of that service.
12. MEMBER’S GROUP EXERCISE AND CLASSES
Members must allow enough time to sign in before each class. The Gym reserves the right to decline class participation to members, who turn up after the specified start time of a class and members should not leave early, unless the instructor is given prior notice. If the Member suffers from a pre-existing injury or problem that affects full participation, they are responsible for discussing the situation with the group exercise instructor/ class instructor. Appropriate attire must be worn in all group exercise classes. Members must provide 60 minutes notice for cancellation of a booked group exercise and class.
13. HOURS OF OPENING
Normal hours of operation and the hours in which any facility within the Gym are available to Members can be obtained upon request or from the Gym’s website.
The relaxation facilities, to include use of the sauna, will close 30 minutes before the Gym closes.
The Gym reserves the right to vary these opening times. In addition, the Gym has the right at any time to close any or all of the facilities of the Premises for the purpose of cleaning, building, decorating, repairs or special functions. During bank and public holidays special hours may apply and these can be obtained upon request or from the Gym’s website.
14. NON-RECORDING OF CLASSES OR ACTIVITY AGREEMENT
You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any live Upgrade Fitness Classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorised Senior Manager of Upgrade Fitness. Upgrade Fitness instructors are not authorised to provide consent. This includes even a temporary recording/transmission live content of Upgrade Fitness such as SnapChat, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in an Upgrade Fitness gym session or class before and/or after a class with the consent of each participant who is identified in your content.
Any violation of this policy is grounds for exclusion from participation in any Upgrade Fitness activities. You further agree to indemnify, defend, and hold harmless Upgrade Fitness, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this policy.
15. GENERAL
Fraudulent or wrongful information given in order to obtain a discounted Membership will result in the cancellation of all Membership rights and any action deemed appropriate by the Gym. Membership fees will not be refunded.
In the event of any default of the Member, the Gym may disclose personal particulars contained in the Membership agreement to a credit reference agency or any other party necessary in obtaining settlement of arrears.
If through circumstances beyond the control of the Gym, the Gym is unable to provide the full range of services as advertised, the Member shall remain liable for all fees relating to the subscription and other services provided.
Membership login details are issued upon payment of the appropriate joining fee and subscription.
The Gym retains the right to vary, add or eliminate any of the particular services and facilities provided, including the class timetable and class instructors.
Only Personal Trainers from Upgrade Fitness may be used at the Gym unless Upgrade Fitness has specifically approved of a third-party Personal Trainer to work out of the Gym.
The Company cannot accept responsibility for any loss, damage or theft of personal property belonging to a Member, or any Guest of a Member, occurring upon the Gym’s premises.
Upgrade Fitness reserves the right to remove any articles left in day lockers overnight. Items recovered from lockers may be collected from the front desk for up to seven days after removal. Upgrade Fitness will not be responsible for any contents removed from any locker.
All lost property will be recorded and kept in a secure place. Personal items including clothes, shoes, gym equipment and toiletries will be stored for a minimum of 7 days and valuable items including phones, jewellery, and watches will be stored for a minimum of 1 month. After this time items will be donated to charity. Undergarments will be disposed of immediately.
Appropriate footwear and athletic attire must be worn at all times when using the Gym facilities. Jeans, boots, flip flops/sandals or barefoot are not permitted whilst using the facilities, equipment or within the Premises.
Except with the written consent of the Managing Director of the Gym, no Member or guest of the Member, shall take or give photographs/film footage or the address of the Gym in any advertisement or use the Gym’s name or likeness for any business or commercial purposes whatsoever.
The Gym reserves the right to use any photographs/film footage taken by Upgrade Fitness of a Member or guest in the Gym for its own material (website, newsletter, brochures, advertising etc).
Closed Circuit Television with Digital Recording in operation throughout the Gym. Images are being monitored for the purpose of crime prevention and public safety.
Regular maintenance of the Gym shall take place, which may require complete or partial closure of facilities. The Gym shall not refund or compensate for such closures.
16. CREDIT/DEBIT CARD
The Member authorises the Company to charge the monthly or upfront amount for the membership selected in application. Payments will be taken monthly or upfront through the credit card or debit card provided.
The Member authorises the Company to use these details to debit their card for any additional services that they may purchase from the Gym.
The Member agrees to pay for this purchase of Membership in accordance with the issuing bank cardholder agreement.
17. PRIVACY STATEMENT
The Gym greatly respects your privacy. As a result, they take the task of protecting your personal data such as name, date of birth, address, email address telephone number, etc very seriously and in accordance with the General Data Protection Regulation, Data Protection Act and the Data Protection (Bailiwick of Guernsey) Law, 2017.
The principles require data to be: fairly and lawfully processed; accurate and kept up to date; adequate; relevant and not excessive; kept no longer than necessary; processed in accordance with the rights of data subjects; held securely; and not transferred to countries without adequate protection. We will observe the principles of data avoidance and data minimisation. That means we will collect, process and use as little data as possible.
The personal information which you provide through the Upgrade Fitness Website and App is collected, stored and processed by the Company.
Upgrade Fitness is committed to ensuring the privacy of your information. We understand that the privacy of your information is very important to you. We are careful about the information we ask you to provide and only use your information to process orders and to provide you with in-app notifications of special offers which may be of interest to you.
We have set out below details of the information we will collect about you, how we ensure the security of your information and how we will use your information.
18. PERSONAL DATA AND CONTENT
We will collect, process and use your personal data only if this is necessary for substantiating, implementing or terminating a contractual customer relationship or similar.
In the remainder of cases, we will only collect, process and use your personal data following your prior consent. Your personal data will only be used for the purpose and to the extent to which you have consented. For example, we will only inform you of our products and services once your consent has been received.
You can withdraw your consent with future effect at any time. On receipt of your withdrawal request your data will be deleted unless you have an active membership with us. Requesting the withdrawal of your data should be sent to the following email address: tim@upgrade.fitness
19. AUTOMATICALLY GENERATED DATA
In the course of using the pages on our websites personal data may be automatically processed. Typically, this relates to the name of your internet provider, your IP address, the browser you are using, your operating system, the web pages you visited on our website and the website from which you accessed our website. In all the above mentioned cases the processing of such data is carried out anonymously, that is to say it is impossible to assign and therefore identify any individual person from this data.
20. COOKIES
A cookie is a small data file that certain web sites write to your hard drive when you visit them. The only personal information a cookie can obtain is information a user supplies him or herself. A cookie cannot read data from your hard disk or read cookie files created by other sites. Cookies, however, enhance our web site performance in a number of ways, including providing a secure way for us to verify your identity during your visit to our web site and personalising your experience on our site, making it more convenient for you.
This web site uses cookies so that we can serve you better. This site uses visitor tracking software that will use cookies to track information about how visitors come. There are no cookies used in the Upgrade Fitness App.
Should you wish to do so, you can refuse cookies by disabling them in your web browser's settings, and you do not need to have cookies turned on to successfully use our service. Most browsers are defaulted to accept and maintain cookies and you can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it or not. Please consult the support documentation for your web browser, which can be found online, for more information.
21. HOW WE STORE YOUR PERSONAL INFORMATION
Your personal information is used to enable Upgrade Fitness to: contact you, administer your account, verify your identity; deal with queries; process orders; to help Upgrade Fitness provide the best possible service. The Upgrade Fitness Website and App store your data on a trusted third-party system. Upgrade Fitness may also use your information to provide information about offers, products and services available at Upgrade Fitness. Upgrade Fitness will make no further use of your information.
The Upgrade Fitness Website and App adhere to strict security procedures in the storage and disclosure of information, which you have given us, to prevent, unauthorised access or improper use. For members of Upgrade Fitness your data is stored on a secured server which is password protected so that no data is left in its paper form on the Premises. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you. We have a strict internal policy, which members of staff must comply with as a condition of employment and no external access to the system is permitted.
22. YOU HAVE A RIGHT TO ACCESS THE INFORMATION THAT UPGRADE FITNESS HOLDS ABOUT YOU
You can request a copy of the personal information held by us and have any inaccuracies corrected. We will request proof of identity before processing such a request. Please make any requests for information to Upgrade Fitness at the address below. We will delete your personal data when the relevant legal data protection regulations call for this. For instance, we will delete the data collected for a competition if you have not consented to your data being collected, processed and used for any other purpose. In cases of consent being given, we will delete your data following the retraction of your approval or the discontinuation of the purpose of your consent.
If requested, we will totally block or partially block your personal data. With regard to this arrangement you are to inform us of the extent and the duration that this should be carried out for. As long as this is technically possible, you will be able here to exclude your data from being processed and used for certain purposes.
23. CHILDREN
The collection of personal data relating to persons under the age of 18 years old is not within our interests unless it is for personal training or specific children’s classes. Should it come to our attention that such data has been passed to us without the approval of the parents or legal guardian, this data will be deleted immediately. Thereby we are reliant on the parents or legal guardians providing us with the appropriate information.
24. UPDATING YOUR PERSONAL INFORMATION
You are able to amend the details you provided upon registration by clicking on ‘My Account’ (or similarly named feature). You can change your name, phone number, email address and password and other details.
25. THIRD PARTY ACCESS TO YOUR PERSONAL DATA
The Company will not disclose your information to any third parties if you have requested not to. We may pass on some general statistical information about our customers, sales figures, traffic patterns and related matters to reputable third parties, but these details will not include any personally identifying information. We may also disclose information about you if required to do so by law.
26. CHANGES TO THE PRIVACY POLICY
We keep this Data Protection Notice constantly up-to-date. As a result, it may be necessary to adapt this Data Protection Notice to accommodate any factual or legal changes to the basic conditions. By using our websites you have accepted these adaptations.
27. CONTACT
If you have any queries or concerns about the privacy of your information, please contact Upgrade Fitness, Rohais Warehouse, Le Rohais, St. Peter Port, Guernsey, GY1 1YW.
28. ADVICE
You are more than welcome to contact us at any time should you have questions relating to the collection, processing and utilisation of your personal data. We will also gladly provide you with general information regarding data protection. For this purpose, please contact us using the following email address: tim@upgrade.fitness
29. CONSENT
By using the Upgrade Fitness Website and App you consent to the use of your personal data in the manner set out in this privacy policy.