DEFINITION OF TERMS
Administration Fee means any reasonable administrative costs incurred by concerning to a Membership.
Agreement means this agreement, comprising of the details and the terms.
Biller means Wodify or any other biller or payment service that processes payments of membership fees or alike.
Class or Classes means an exercise class or sessions conducted at a Facility.
Coach means any person who is coaching or assisting with the instruction of a class or open gym.
Details means the details of your Membership, as set out in the Wodify booking system.
Direct Debit Payment Agreement means the periodic billing agreement you enter into with our third-party Biller for periodic billing services.
Facility means any Southern Quarter Limited facility.
Facility Rules means the rules referred to in following document.
Fees means the fees payable for a membership.
Guest means any person who attends a facility who is not a member.
Member means a person who holds a membership for a facility.
Membership includes any membership offered by Southern Quarter Limited.
Online Booking System means the online booking system via Wodify whereby members can view and select a Class to attend and purchase a membership.
Pre-Exercise Questionnaire means the questionnaire or other screening we require you to answer before using the Facility or participating in a class.
Southern Quarter Limited of 19 The Bluestone Centre Sun Rise Way, Amesbury, Salisbury, England, SP4 7YR, United Kingdom (registered address), Company No. (12941092) and their related body corporates and affiliates and includes any successor or assignee.
Terms means these terms and conditions.
“us” or “we” means the Facility to which you have agreed to become a member.
“you” means the member the subject of this agreement.
“no show” means the member that does not participate in a session that they have booked.
“late cancellation” means whereby a member does not cancel their booking within the cancellation period.
All our membership options and information can be found on our website. All of our price plans and booking information can be found on the booking platform Wodify.
FEES & TERM
The Fees you have to pay, and the terms of this agreement are set out in the contract template and payment plan.
If you pay any fees, by direct debit, then this will be through our biller. You will be provided with a copy of the direct debit payment agreement of the biller which applies to any direct debit services. The direct debit payment agreement, which we are not a party to, is entirely separate to this agreement.
By nominating a credit or debit account, you authorise our biller, to deduct from that account all Fees and other charges you are responsible for under this agreement.
You must keep your account details up to date and ensure there is enough money in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process payments. If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited you may be charged an additional fee by the biller, which may be added to your next debit amount.
If you do not make any payment when it is due, your membership may be suspended, and you could be refused access to the facility until all outstanding amounts have been paid.
Your membership may also be terminated if any fees remain unpaid for an extended period. You will still be liable for all unpaid amounts.
From time to time, we may need to increase the price of membership. We will give you at least 1 full months’ notice of any upcoming price increase and will make it clear when the price increase will take effect and how much your membership will cost after the increase. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice, then the price of your membership will be increased in accordance with our notice.
Day passes are subject to a fair use policy. 1 pass entitles only one person use of the facility. Day passes must be used within 6 months of the date of purchase. Passes commences once you have indicated your acceptance in the declaration section of this Wodify sign up process. You will be entitled to all the rights and privileges exercisable for the type of membership chosen. You cannot transfer any to anyone else nor transfer to another date. Day passes are non-refundable.
Free passes have no resale value and cannot be exchanged for cash or any other product or service.
HEALTH & SAFETY
When you become a member and each time you use the facility or participate in a class, you must ensure that:
You are in good physical condition and know of no medical or other reason why you should not exercise.
You do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of active or passive exercise; or participating in a class.
If unsure about any of the matters set out above, you should not use the Facility or participate in a class until you have sought appropriate medical guidance and been given the go-ahead by a doctor or any other medical professional.
You must not participate in a class if you have an infection, contagious illness or physical ailment such as an open cut or sore where there is any other risk, however small, to other members and guests.
You agree to give us all relevant personal, health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that the pre-exercise questionnaire or other screening is no substitute for medical advice and does not guarantee against injury or death.
You declare that the information you give us will be true and accurate and not misleading in any way. If any health circumstances change, it is imperative these are declared to us before continuing to use the Facility or any classes.
We may suspend or cancel your Membership if we have reason to suspect that you have not complied with any part of these conditions.
BOOKING & CANCELLATION POLICY
All classes or any training at the Facility must be booked in advance.
BOOKING WINDOW – For all open sessions or classes, you can book up to 14 days in advance via the WODIFY app.
CANCELLATIONS & FEES
Late cancellations without a minimum notice period could incur a charge. All ‘no shows’ will be subject to a charge of £10. All fees will be charged to the card registered to the account.
Our cancellation policy applies to all facilities and services provided by us.
SUSPENDING YOUR MEMBERSHIP
You can freeze your membership at any time by telling us in writing if you cannot use the Facility or participate in a membership or class because you contract a serious illness or a permanent physical incapacity during the term of your membership. This must be confirmed in writing by a doctor or any other medical professional which we reasonably agree to and you agree that we may contact the doctor or any other professional for verification purposes. For any freezes or suspension longer than 30 days we reserve the right to offer your access to the next person on the waiting list, where you will then be placed. Exceptions to this will be assessed on a case-by-case basis.
CANCELLING YOUR MEMBERSHIP
You can cancel your membership at any time by giving us at least 30 days notice ahead of your next direct debit date. You will need to cancel via Wodify, and you can then also inform us via [email protected] If you do not give us at least 30 days notice ahead of your next direct debit date, you will be charged as normal on your next direct debit date and your membership will cease at the end of that month.
In addition to our other rights under this agreement, we may cancel your Membership if you breach any of our terms & conditions under this agreement or do not follow the Facility Rules.
We may also charge a cancellation fee and recover costs, loss or damages caused by your breach and you will not receive a refund of any fees paid prior to the termination of your Membership.
We also reserve the right to cancel your membership if payment is not made in accordance with the terms and conditions of our online booking system.
If you agree to these Terms, you agree, to the extent allowed by any law, regulation or ordinance that cannot be excluded by law, to exclude or modify our liability to you for death or injury from your training or use of the facility, whether or not it results from our negligence. Nothing in this agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.
GENERAL LEGAL MATTERS
We are not responsible if members cannot use our facility because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this agreement immediately by written notice.
If a court decides that any part of this agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this agreement.
If we do not enforce our rights under this agreement at any time, it does not mean that we may not do so in future.
You agree that we have not made any representations or promises that you have relied on that are not in this agreement.
The law of the state, territory or province in which this facility is located applies in relation to this agreement.
When you apply for membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances. Your personal information may be transferred to and stored out of the country in which you reside, including to a country that does not have the same level of privacy protection as the country in which the facility is located; disclosed to and used by other facilities.
You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety. You understand that photos, films, videos or audio recordings are sometimes taken of members for promotional purposes. By signing our online waiver via Wodify, you agree to these Terms, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us.
For further information, please read our Data Protection Policy. This can be found on our website, or a copy can be provided in writing at your request.
YOUR RESPONSIBILITIES & BEHAVIOURS
If you behave in a hazardous or seriously inappropriate way, for example, if you threaten or harass others, damage equipment*, distribute or use illicit substances, or train other members without our authorisation, appropriate action will be taken. Your Membership may be immediately suspended or cancelled, you may be banned from our facility and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.
For your health and safety and the health and safety of other Members, you must ensure that you comply with any direction given to you by an Instructor or any other staff member from time to time.
If any Member performs an exercise with incorrect technique, the set is not counted.
When a workout is complete, Members must clean the area where they were training and replace all equipment to where is belongs.
*we will ask you to pay for any damages incurred. All fees will be charged to the card registered to the account.
The minimum age for use of the Facility and classes unless specified is 16. People under the age of 18 are required to provide a certificate from a parent or legal guardian confirming approval to train at the Facility.
Facility Rules apply to everyone attending the Facility or participating in a class. Facility Rules form part of this agreement so you must make sure you read, understand and follow them at all times. If you break any of the Facility Rules, we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Facility Rules we may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these.
You promise to take care to use the facility and all exercise equipment safely and properly. If you are ever not sure how to operate any equipment properly, you must ask an Instructor or another staff member before you use it.
You agree to pay for any loss or damage to the facility and its equipment caused by you through a wilful, wrongful or negligent act or as a result of your breach of this Agreement.
You agree to follow any reasonable direction of a member of facility staff relating to health, safety or security or related matters.
You promise not to unnecessarily bring valuables into a facility and agree that it is not the obligation of the Facility to look after unattended property.
Your personal items are your responsibility. We will not be held liable for any loss, damage or theft of any personal item on our premises.
FACILITY ACCESS ABUSE POLICY
Your access device can be used for you only. Your access device is issued solely for your use, as your membership is personal to you and only covers your use the facility. You are responsible for access device secure and confidential at all times. The access device remains our property at all times.
Use of access is monitored: In the interests of the safety and security of all our members, use of devices and access is monitored and individuals accessing the facility may be asked to provide proof of identification at any time.
Should we believe that your Access Device has been used by another individual or individuals we may (in our discretion) decide to conduct an investigation. If we do so we will:
(a) inform you, via email, that we believe Access Device has been used by another individual or individuals and ask you to provide us with reasonable assistance to investigate the matter; and
(b) following our investigation we will contact you, via email, to inform you of our findings and our proposed course of action.
Our Right to make additional charges and/or cancel your membership:
If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your designated access was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have:
(a) to apply a penalty charge to your membership fees (and increase your direct debit payment(s) accordingly). The penalty charge will be calculated as being equal to the daily membership charge (that applied at the time of use) for each occasion on which your access was used by that individual/those individuals; and/or
(b) in the event of serious misuse of your access, for example, your access being used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your membership with immediate effect, and no refunds will be given.
Your responsibility for another’s conduct: If we have reasonable grounds for believing that you knowingly provided your Access Device to another individual or individuals, or allowed unauthorised entry following your entry to the facility (Known as tailgating) in addition to our rights referred to above, we may hold you responsible for the conduct of the individual(s) while on our gym premises, and liable for any loss we suffer as a consequence of that conduct.
Our Terms & Conditions are subject to change at any time, please visit this page to stay informed.
If you have any questions regarding our Terms & Conditions, please email us at [email protected]