M14 -Diversity Fitness Terms & Conditions – V1
Please see our gym terms and conditions are below:
1 What these terms cover. These are the terms and conditions that govern your membership with us at Diversity named in your membership application form (referred to in these terms as “we”).
1.2 Why you should read them. Please read these terms carefully before you submit your membership application form to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2 Information about us and how to contact us
2.1 Who we are? We are Diversity Fitness Limited. Our company registration number is 12283898 and the address of our registered facility is Unit 4 Dukeries Way, Worksop S81 7DW.
Our VAT number is: (Currently not applicable but may be applied later because currently we are not VAT registered)
2.1 How to contact us. You can contact us via our main telephone number: 01909 738892 or via email to firstname.lastname@example.org.
2.2 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your membership application form. 2.4. “Writing” includes emails. When we use the words “writing” or “written”
Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Diversity Fitness reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Diversity Fitness discovers price errors, they will be corrected on Diversity Fitness’s systems, and the corrected price will apply to your order.
2.5 Other Intellectual Property
All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Diversity Fitness. Any use of these rights without the prior written permission of Diversity Fitness is strictly prohibited.
2.6 Prohibited Activities & Visitor Obligations
As a visitor or user of the Sites you shall not:
2.6.1 violate any applicable law or regulation; Upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate.
2.6.2 Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable; impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organisation.
2.6.3 engage in any activities or manipulate identifying material to misrepresent the origin of content.
2.6.4 Post any content that is subject to any disclosure restrictions; Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights.
2.6.5 Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable.
Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment.
interfere with or otherwise limit the use of the Sites by other users; or collect, compile, or store personal information about other users of the Sites.
disrupt or interfere with the operation of the Sites by overloading or exceeding the capacity of the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites.
disrupt or interfere with the security of, or otherwise cause harm to, the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites.
use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Sites or the content contained therein without Diversity Fitness’s prior, express, and written permission; or
2.6.6 use the Sites for commercial purposes.
2.6.8 whilst you are doing your workout we may be taking videos and pictures to be used for our social media and marketing for the facility. Should you not want us to use your pictures and videos of you then you need to inform us in writing to email@example.com
3 The Contract Agreement
Accepting your application. Our acceptance of your application will take place when you signup to a membership plan and pay your 1st instalment, at which point a contract will come into existence between you and us (in these terms, we will refer to that date as your “Joining Date”).
You will then be entitled to enjoy our facility and services included within your contract agreed period set out in the plan. We will issue you with a RFID wristband/card which will be personal to you and must be used to enter the Club with, if you do forget this you will be unable to enter the facility. We have provided all members a backup QR Barcode that can be scanned using your mobile phone.
3.1 Your pre-exercise questionnaire/health declaration (ParQ). As part of applying for membership, you have filled in a pre-exercise questionnaire or completed a health declaration. It is important that this information is complete and accurate, and you agree that the information you have provided is complete and accurate.
You agree that you are capable of engaging in exercise at the Club, and you do not think doing so would be detrimental to your health, safety, comfort or physical condition.
It is also your responsibility to update us in writing / via our membership app services if your health conditions change or alter during your commitment with us.
3.2 Your Membership. Your membership with Diversity Fitness is personal to you and this cannot be shared with anyone else, anyone caught in breach of this there membership will be revoked. If you wish to permanently transfer your membership to another person, we will need a request for this in writing. We will then consider the request and proceed accordingly. Any changes of membership would be subject to a check and the new member agreeing the terms and conditions under the same membership options.
3.3 Membership criteria. We will only accept applications from people who are 16 years old or older for using the gym. You agree that the information you gave us as part of the membership application process is correct and accurate in all respects. You will update us of any changes to your membership agreement as soon as they come into effect.
The Golf Simulator kids can participate as long as accompanied by an adult 18 years of age at all times.
3.4 On registration it is your responsibility to watch the safety videos before using the facility which are stored on our Diversity Fitness app under the On Demand section / YouTube channel. It is essential that all members watch the safety videos before using the equipment for your safety. If you need any further assistance, please speak to one of our members of staff who will always be happy to help.
4 Length of Membership – Your membership will start on your Joining Date. Unless clauses 7 or 8 below apply, the contract between us will last for at least 12 months unless specified differently in the membership plan (referred to in these terms as the “Initial Fixed Term”) and you cannot cancel your membership during the Initial Fixed Term. If you do cancel your membership in the Initial Fixed Term you will breach the contract between us. The contract and your membership will continue after the Initial Fixed Term unless it is ended in accordance with clauses 7 or 8 below.
Once the initial term is complete, the membership will continue to roll in accordance with the prolongation period set out in your membership contract. This will be stated in your membership contract with us. Any 12-month membership commitment will also have a 12-month prolongation period, which will automatically continue, unless your cancellation is given to us in writing with a minimum 1 calendar months’ notice period prior to the end of the initial term.
Should you not wish to continue your membership, into the prolongation period please send your cancellation to firstname.lastname@example.org with a minimum 1 calendar months notice period.
5 Membership Fee’s.
5.1 On your Joining Date you must pay for your membership fees by paying in advance for the whole Initial Fixed Term, or (only if we agree), by paying your membership fees plus a finance charge in equal instalments monthly in advance spread across the Initial Fixed Term by direct debit (by completing a direct debit mandate). Information about which payment option applies to you and the amount of your membership fees (and, if applicable, any finance charge) was as specified to you during the membership application process.
5.1.2 At the end of your initial fixed rate term, unless your membership has ended in accordance with clauses 7 & 8, it will be renewed for another period same length as the initial fixed term (the “subsequent Fixed Term”). The same renewal process will apply at the end of the subsequent fixed term, so there will be subsequent fixed terms until either you or we end your membership in accordance with clauses 7 & 8.
5.1.3 Unless you tell us otherwise before the end of the Initial Fixed Term (or where relevant your current Subsequent Fixed Term), if you already pay monthly by direct debit, we will assume that you want this to continue and (if we agree that you can continue to pay in this way) we will continue to collect the direct debit in the same way.
5.1.4 Where you paid in advance on your Joining Date for the whole Initial Fixed Term, we will (unless you tell us otherwise before the end of the Initial Fixed Term) assume that you want to pay in advance for the Subsequent Fixed Term and will charge you again on each anniversary of your Joining Date for your full membership fees for each Subsequent Fixed Term. Unless you tell us otherwise, we may charge this subsequent payment directly to any of the credit or debit cards (or collect from your bank account) which you have provided us with details of as part of the membership application and payment process, and by accepting these terms you authorized us to do so. We will give you reasonable notice in writing before making such an advance charge for any Subsequent Fixed Term.
5.1.5 Your membership fees will be payable whilst your membership continues for the full duration of your contract regardless of whether or how much you use the Club facilities.
5.1.6 Any membership offers are subject to change at any time, all offers advertised are issued with the potential that services may be reduced or adapted throughout.
5.2 Joining Fee – A joining fee will be payable on your first day of joining with us. This will be a one-off cost in addition to your membership fee. The cost of this will be specified at the point of joining. The joining fee will not be payable again as long as your membership stays current. If you were to end your membership and then re-join at a later date the joining fee will be applied. Please state that the joining fee may not be the same as in the first instance.
5.3 We will pass on changes in the rate of VAT. If the rate of VAT changes whilst you are a member, we will adjust the rate of VAT that you pay, and this will result in a change to your membership fees
5.4 When we can change your membership fee’s – Membership fee’s may be increased at any time for any reason stated in the causes below. In this event we would give you at least 30 day’s notice in writing. If you do not wish to continue your membership at the higher rate then we will allow you to cancel your contract (where you are out of your initial fixed term commitment period) OR where in commitment allow you to continue at your agreed rate until the initial commitment is over and at which point your membership will be terminated.
5.5 Repayment of pre-paid fees. If either of us ends your membership during a period in which you have paid membership fees in advance, then we will refund you for the membership fees which relate to any period after the contract has ended. Where you have broken the contract, any repayment may be subject to the deduction of our reasonable expenses or an early termination charge as described in clauses 7.5 and 8.2 below.
5.6 Late payment administration fee. If you pay your membership fees by direct debit and you miss a payment because your direct debit has been cancelled or has failed, we will charge you a fee of £10.00 for each missed direct debit, to cover our reasonable administration costs.
5.6A Should this outstanding membership fee remain outstanding for more than 7 days, a fee of 20% of the entire invoice will be added to the balance and sent to a debt collection agency to collect the outstanding balance.
5.6B Should the direct debit payment be unsuccessful; your payment will be automatically charged through CPA (continuous payment authorities) using the card details that you have provided to us. Any outstanding invoices on the account will be taken through this method automatically.
5.7 Freezing for special circumstances we will allow freezing of memberships within reason where no fees will be charged. You will need to submit this request by email to email@example.com where you will give 30 day’s notice starting from the start of a full calendar month. You can only freeze your membership for a maximum period of 3 full calendar months. If such situation arises, where as a facility we chose to freeze your membership with us, the frozen period would be added on to the end of your contract term. If we chose to freeze your membership due to club closure, the same rules will apply.
Examples for applying to freeze your membership may include medical conditions which mean that you are unable to participate in physical activity; Unemployment or relocation and and evidence can be provided of this.
5.8 Failure to make payments; A finance and admin charge will be applied to any unpaid balances over 14 days. If unpaid any balances will be passed on to a debt collection agency and will likely incur extra costs to you.
6.1 Your conduct at the club- As part of your membership with us you agree that you will comply with all of the membership rules of conduct as stated below (Clause 6.2) whilst you are at the club or on the club premises. You also agree that you will abide by additional rules which may be specifically displayed throughout the club from time to time as well as specific instructions reasonably specified by the staff.
6.2 Our Rules of Conduct – You agree that you and any guests you may bring to the facility will comply with the club rules below:
6.2.1 Dress in an appropriate manner, avoiding overly revealing, offensive or unhygienic clothing.
6.2.2 Show consideration to all staff, members and guests in our facility.
6.2.3 Do not sure abusive, offensive or foul language.
6.2.4 Not behave in a way that is violent, offensive or threatening to any member, staff or any guests at the club.
6.2.5 Not bring, use or be under the influence of illegal drugs in any part of the club premises.
6.2.6 Not be drunk or drink in areas of the facility.
6.2.7 Wear appropriate footwear; this does not include flip flops, sliders or any form of open toe shoe.
6.2.8 Do not behave in a disruptive of antisocial manner, including but not limited to damage of or the property, damage to the equipment, misuse of sexual or illegal activities.
Damage to any equipment, property or theft which is proven to be caused by the member Diversity Fitness have the rights to charge the member for this damage caused or theft of equipment at full costs to replace / repair.
6.2.9 Do not share your access with anyone else.
Failure to comply with the above club rules may result in termination of your membership.
6.3 Children and young persons. If you bring any persons under 16 to the Club, you will be responsible for their behaviour whilst they are at the Club. In addition to the general rules applicable to all members, you must abide by the below rules concerning the care and conduct of young people, and make sure that the young person abides by those rules. Each adult member may bring a maximum of 2 young people into the Club with them. A fee is payable for each young person admitted to the Club at listed prices. If a young person you bring to the Club breaks the Club rules or the conduct rules set out in these terms, this will be a breach by you of your contract with us. The rules applicable to persons under 16 years old are that they:
6.3.1 cannot enter the Club unless accompanied by an adult, and must not be left unattended at the Club unless attending an organised activity at the Club;
6.3.2 are expected to use the changing room designated for their own sex if they are 8 years old or older, or the disabled changing room (if available).
6.4 Overnight Facilities If you are to attend the facility throughout the unmanned hours you understand the risks that may be involved. Within your contract with us you are expected to:
6.4.1 Take responsible measures to keep a mobile device on you in case of an emergency.
6.4.2 Are familiar with the call points around the facility and if you or another person’s required assistance this is the method that you will need to use during unstaffed hours.
6.4.3 Use a personal security device found hung up in the gym, for any reason in which you may feel unsafe, ill or concerned about another individual in the gym but wish to be more discrete please press the personal security device. This will call our emergency call centre who will call for support / contact the emergency services.
6.4.4 Understand that a third party control our CCTV and alarm system throughout.
6.4.5 Some areas may be closed due to health and safety purposes.
6.4.6 Understand that as per the gym rules of conduct you will be required to clean all equipment before and after use.
6.4.7 Are aware that you are responsible for ensuring both the entry and exit door are closed behind you.
6.5. Anyone on the kids membership must be accompanied by a parent or guardian over the age of 18, who is also a member of the gym.
6.5.1 The age restriction of the kids membership is 12-15.
6.5.2 Entry in to the gym is at restricted times, and is subject to change.
6.5.3 The children in the gym must adhere to the rules, which states that they will not be allowed to use freeweights or resistance machines. They must stick to either the cardio equipment or the functional area.
5.6.4 The parent/guardian will take full responsibility of the child on every visit.
6.5.5 Breach of these rules will result in termination of the membership.
7.1 Where you have a good reason to end the contract. You may end the contract between us by giving us not less than 30 days written notice at any time (phone calls/verbal in person cancellations are not accepted), such notice to expire on the last day of the following month (including during the initial fixed term or subsequent fixed term) if:
7.1.1 We tell you that we are making a permanent material change to the facilities at the club or the location of the club and you reasonably consider that her change is materially detrimental to you.
7.1.2 We tell you that we are changing the terms of the membership and you reasonably consider that the change is materially detrimental to you.
7.1.3 We tell you that we are increasing your membership fee and you do not wish to pay the increased fee.
7.1.4 We commit to a serious breach of any provision of these terms.
7.1.5 Your financial situation becomes materially worse if you have lost your job than it was at your joining date, so that continued membership of the club is no longer affordable for you (and you are able to evidence this). In this instance your membership would be frozen until you find another job for a maximum of 6 months.
7.1.6 You are permanently moving away from the area in which the club is based, so much so that the travelling distance is no longer practical (and you can provide evidence of this). This must be over 20 miles and evidence of this must be provided to us in the form of a utility bill.
7.2 Where you may end the contract. Once the initial term is complete, the membership will continue to roll in accordance with the prolongation period set out in your membership contract. This will be stated in your membership contract with us. Any 12-month membership commitment will also have a 12-month prolongation period, which will automatically continue, unless your cancellation is given to us in writing with a minimum 1 calendar months’ notice period prior to the end of the initial term.
7.3 Where you are outside the Initial Fixed Term. Once the initial term is complete, the membership will continue to roll in accordance with the prolongation period set out in your membership contract. This will be stated in your membership contract with us. Any 12-month membership commitment will also have a 12-month prolongation period, which will automatically continue, unless your cancellation is given to us in writing with a minimum 1 calendar months’ notice period prior to the end of the initial term.
7.4 Your right to cancel the contract. If you submitted your membership application either online, over the telephone, or in the club, you could cancel your membership within 14 days of your Joining Date (referred to as the “cooling off period”) without giving a reason. If you want to exercise this right to cancel, please let us know in one of the following ways:
7.4.1 Email us at firstname.lastname@example.org Please provide your name, and contact number.
7.5 Effect of cancellation. If you cancel during the cooling off period, we will refund all payments received from you. If you have used the Club during the cooling off period, we will make a reasonable deduction from any refund we give you to reflect your use of the Club during the cooling off period (14 days).
7.6 If you don’t have a good reason to end the contract. If you do not have a good reason to end the contract as highlighted above the membership contract will continue in line with your membership agreement.
7.7 Should you be accepted to end your contract early
If you have requested an early cancellation for one of the reasons stated in section 7, should this be accepted and earlier than your minimum term commitment, your final payment will be charged at the current monthly membership – 1 month rolling contract rate. For example, should you request to cancel your 12-month commitment at month 6, the final charge will be charged at the higher rate (monthly membership – 1 month rolling contract) from the start of your contract so you will have to pay the difference and stand a 1 month termination notice too.
8 Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract and your membership immediately at any time by giving you notice in writing if:
8.1.1 You commit a serious breach of club rules.
8.1.2 You commit frequent or repeated breaches of these terms, even if one by itself may seem minor.
8.1.3 You fail to make a payment due under these terms when it is due.
8.1.4 We believe that your continued membership of the club poses a risk to the safety or wellbeing of other members, guests or staff.
8.1.5 You are caught tailgating a visitor into the facility when they are not a paying member
8.3. Where you are outside your Initial Fixed Term. We may end the contract between us by giving you not less than 30 days’ written notice.
8.4. We may end the contract if the Club closes. If the Club closes or becomes unusable in circumstances we did not plan or foresee (for example if there is extensive damage to the Club or the area around it), we can end the contract immediately by giving you notice. If we decide to close the Club for business or operational reasons, we can end the contract by giving you at least 30 days’ notice in writing.
9.1 We may make changes to the clubs facilities and equipment from time to time.
Where we may make changes to our terms of membership, we will give you 30 days written notice of any changes to the terms and conditions set out in your membership.
9.2 Reasons for making changes – we may make changes to the facilities, the terms of contract or the price that we charge you for any of the following reasons:
9.2.1 We may change, remove, add or improve to services at our discretion in response to our customer needs and to remain competitive.
9.2.2 The cost to us of providing the facilities or other costs associated with running our business increase.
9.2.3 We may introduce new charges where the cost of running our business increases.
9.2.4 We reorganize or restructure the business.
9.2.5 Another valid legal or regulatory reason.
9.2.6 We change the terms to make them clearer, to reflect changes in government law or to update our membership contracts.
9.2.7 We may change some services provided to our customers from time to time, this could include a change to our classes and timetable based upon popularity, instructor availability, club licenses and any other reasons in which we feel may benefit the business in a positive manner. All classes are subject to change.
9.3 Other reasons for changes We may need to make changes that we currently cannot foresee, or for reasons not set out above.
10 Our responsibility for loss or damage suffered by you
10.1 We are not liable for any damaged, stolen or lost valuables whilst you and/or your guests are on or in the premises including in the locked lockers in the changing rooms.
10.2 We are not liable for business losses. We only supply the services for private use. If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We are not liable for valuables. We are not liable in any circumstances to damaged, lost or stolen valuables whilst you or your guests are on the Club’s premises, including in locked lockers in the changing rooms, in the pool area or any other part of the Club. We recommend that no valuables are brought to the Club.
11 How we may use your personal information
11.1 How we will use your personal information. We will use the personal information
you provide to us to:
11.1.1 provide the services associated with your membership;
11.1.2 process your payment for such services; and
11.1.3 to inform you about other products or services that we provide, but you may stop receiving these communications at any time by contacting us.
11.2 We may pass your personal information to credit reference agencies. Where we extend credit to you by allowing payment by direct debit, we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
11.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
12 Other important terms
12.1 We are not responsible for things outside our control. If our performance of our obligations under the contract is affected by an event outside our control, we will not be liable to you for this provided we try to work around the issue.
12.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation, provided that the other organisation we transfer our rights and obligations to is of broadly equal standing and reputation to us.
12.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to allow you to access the Club, we can still require you to make the payment at a later date.
12.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
12.7 Thermal imaging camera; once you get through the main entrance door you must sanitise your hands and look into the thermal imaging camera where it will record your temperature if you are lower than 37.8 degrees Celsius then the electronic doors will release the lock allowing you to unlock the doors within a 5 second period.
If you record a temperature 37.8 degrees Celsius then you must leave the facility and exit through the 1st entrance door using the “door release” contactless button situated on the opposite wall to the thermal camera. You will hear a sounder also indicating that to a member of staff that someone as triggered an high temperature alert and your picture will be taken along with an notification sent to all members of staffs mobiles.
Once you have kindly left the facility we will close off the entrance door and a member of staff will sanitised the area with our fogging machine before the entrance will be opened up to the public again. In the meantime the exit
door will be used for a short duration for the entrance and exit.
12.8 Outdoor Sessions will be taken at your own risk; By attending an outdoor class or personal training session you understand the risks involved in this activity and understand that the club nor the member of staff instructing the activity will be responsible for any accident, injury or loss that may occur. All outdoor sessions will be attended at your own risk. Participants are also responsible for assessing their own risk, the safety of themselves and suitability of any equipment used. Any medical conditions should be declared to the personal trainer prior to the session. By booking a class or outdoor session with us you accept these conditions.
12.8 Marketing Agreement; You must let us know if you object for us to use pictures in which you are present in for the use of printed or digital marketing, please let us know in writing or refrain from partaking in any photography sessions that take place within the club.
Last Updated: 20/11/2023
T: 01909 738892E: email@example.com
A: Unit 4, Dukeries Way, Claylands Industrial Estate, Worksop, S81 7DW