Terms & Conditions
MEMBERSHIP, CLASS AND COURSE TERMS & CONDITIONS
Newton Physiques Limited trading as Nick’s Gym hereafter referred to as “the gym”
Unit 13-14, Ddole Road Enterprise Park, Llandrindod Wells, Powys, LD1 6DF
1. This agreement is an agreement between you and the gym. This agreement commences once you have indicated your acceptance in the membership, class or course sign-up section of this web sign-up process. If you did not sign up on the club’s premises, you have 14 full days after signup to cancel this agreement for any reason. To exercise this right you must inform the gym of this by post, email or telephone using the details above. You can use the cancellation form on page 2 of this document but it is not obligatory. If you exercise this right to cancel, we will reimburse you all joining and membership fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service before requesting to cancel then we will reduce your membership fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested.
2. Your membership starts immediately.
3. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen, subject to your timely payment of the fees and charges set out below and the successful processing of your direct debit instruction.
FEES AND CHARGES
4. The Joining Fee / Initial Payment is due and payable immediately on execution of the agreement and is not refundable other than in the event of breach or negligence by us or on the valid exercise of your statutory cancellation rights, as set out in the Principle Terms above.
5. Your obligations to the gym 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 1st 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 below or under your statutory cancellation rights, as set out in the Principle Terms above.
6. If you fail to pay any monies 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 the gym on demand (i) an initial administration fee of £25; and (ii) any and all further reasonable costs incurred by the gym in recovering the due fees and charges from you, including costs in tracing you if you have changed your address without telling us. The gyms right to recover these fees and costs shall be in addition to and without limitation of our rights or those of the gym which may exist notwithstanding the terms of our Agreement.
7. You agree to advise us promptly of any change to the Members Details provided.
8. 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 or we may use the small claims court to peruse you for payment. In addition to any costs and charges the gym may be entitled to under clause 7, the reasonable and direct costs incurred in employing the third party company or taking the claim to the small claims court will be borne by you, including costs in tracing you if you have changed your address without telling us.
9. Once you have completed the Minimum No. of Direct Debit Payments we will automatically continue collecting the Direct Debit Payment Amount every month. Your membership will be extended by the original term (“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 then we will stop making collections during that free period and recommence making collections on the renewal date.
10. You may prevent the Automatic Renewal at any time by giving notice by email or at the gym in person. When the final minimum period payment has been taken you should also cancel your Direct Debit mandate directly with your bank.
11. Once you have completed the Minimum Number of Direct Debit payments you can cancel your Automatic Renewal payments by contacting us by email or at the gym in person. After the final payment has been taken you should also cancel your Direct Debit mandate directly with your bank.
12. Relocation: This agreement can be cancelled in the event that your new permanent address is further away from the facility than your current address and is more than 15 miles away from the facility upon receipt of a copy utility bill or bank statement showing the new address.
13. Long term (over 3 month) illness or injury: This agreement 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. Redundancy: This agreement can be cancelled upon appropriate proof of redundancy from your employer or other loss of livelihood.
15. Pregnancy: This agreement can be cancelled or frozen if you become pregnant upon the appropriate written proof being given.
Please note – ANY Cancellation for the above reasons will not be effected until the appropriate proof is provided and received (in writing or via email) by the gym.
16. 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.
17. Temporary Illness or Injury: This agreement 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.
Please note – ANY Freeze will not be effected until the appropriate proof is provided and received (in writing or via email) by the gym
Please note – A freeze period does not affect the Minimum No. 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 completed.
18. You agree to comply with the Rules of Membership which are displayed during your online signup process or prominently in the gym and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided we give you reasonable advance notice of the change.
19. If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.
20. Memberships are not transferable.
21. We will do our best to resolve any disputes over this agreement. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant UK law will apply.
22. If any part of this agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply
23. We may terminate this agreement with immediate effect on notice to you if you are in breach of the gyms Rules (i.e. Stealing or other criminal activities within the facility). In this event you will not be liable to pay any further Direct Debit Payments, provided such breach is not deemed by us to have occurred primarily in order to qualify you for a refund.
24. 24/7 Access will be furnished to you with the appropriate membership.