1.1 The Club: Luxe Fitness SW Ltd (herein Luxe Fitness)
1.2 The Club Rules: The rules and regulations of the Club, as amended from time to time. A copy of the Club rules is available on our website.
1.3 The Health Commitment Statement: The Health Commitment Statement sets the standards that health and fitness centres and facility users can reasonably expect from each other, concerning the health of users. The Health Commitment Statement of Luxe Fitness is available on our website.
2.1 By signing this Membership Application Form the member agrees to comply with these Terms and Conditions of Membership and the Club Membership Rules.
2.2 You will only be permitted to use the Club facilities provided your membership is current and fully paid up or you have made payment arrangements acceptable to the Club.
2.3 You will only be permitted to use the Club facilities provided you have agreed to the Health Commitment statement or provided information to the Club regarding your health condition or any disabilities such that alternative arrangements or advice and conditions for use of the Club facilities have been agreed to.
2.4 If you are under the age of 18, you will be prohibited from using Club facilities if you have not undertaken an induction program.
2.5 All members are offered an optional gym induction when joining the club which can be booked using the member app. Luxe Fitness recommends that all members attend an induction.
2.6 All members using the club during non-staffed hours do so at their own risk and are responsible for making themselves aware of the non-staffed hours emergency procedures including the location of the first aid box and defibrillator, the location of panic alarms and the location of the call point help station linked to the CCTV monitoring centre. Members who train during non-staffed hours are asked to attend with another member in case of an emergency.
2.7 On occasions, members may have an issue in accessing the club on their first visit. Members are advised to attend the club on their first visit during staffed hours to check their access is functioning correctly. The club will not be responsible for access issues for new members whose first visit is outside staffed hours. Any issues with access on first visit should be reported to the club by email to email@example.com. Staff will respond to all issues during staffed hours.
Your Club membership will continue automatically after joining at the fee rate applicable to your membership type and category of membership at that date, but subject to termination in accordance with paragraph 8.2.
The Club will set the level of fees and will review such fees periodically. The Club reserves the right to change the level of fees from time to time but guarantees that fees will not increase without a 30-day notice period which is communicated directly to the member.
4.1 Membership fee; The level of membership fees shall be determined according to the type, location, and category of membership. Club membership will provide access to a quantified number of classes per month. The member can book classes which are designated as free. Any unused classes at the end of the month will expire. Should a member utilise all their free class credits, they will have the option to buy further class credits either as a Bolt-on or as a Bundle.
4.2 If membership fees are not paid and an account falls into arrears, access to the club will be blocked until arrears are paid in full. Members can clear arrears using either the member app or member portal on the website and whilst the club aims to reinstate access immediately, members should allow up to 48 hours for access to be reinstated.
4.2 Joining fee; A joining fee is payable if specified in your application form.
4.3 Bolt-on fee; Bolt-on services can only be purchased at the point of initial member sign-up on the Luxe Fitness website. Bolt-on will be very comparable offerings to Bundle services, however as Bolt on services are exclusively available at the time of sign-up, they will generally be offered at a discount compared Bundle services. The bolt-on can be for goods, classes or services both on a recurring and non-recurring basis at the Club. The prices of goods, classes and services will be set by the Club from time to time. Any changes to the price of recurring goods, classes and services will be communicated to the member who has such a subscription 30 days prior to the price change. Where the Bolt-on service allows the member to book an available PT or Physio for sessions at a discounted price – the terms and conditions around the provision of this service is outlined in Section 5.2. Where the Bolt-on services is subscribed to a recurring basis, the member has the right to cancel their Bolt-on without having to terminate their membership subscription. Where the Bolt-on fee includes:
4.4 Bundle Fees; Bundle services are only available to existing members via the Luxe Fitness app. The Bundle services can be for the sale of goods, classes, and services both on a recurring and non-recurring basis at the Club. The prices of goods, classes and services offered through Bundles will be set by the Club from time to time. Any changes to the price of recurring goods, classes and services will be communicated to the member who has such a subscription 30 days prior to the price change. Where the bundle service is subscribed to a recurring basis, the member has the right to cancel their bundle subscription without having to terminate their membership subscription.
4.5 Guest user fee; A fee will be set by the Club from time to time in respect of guests of members who wish to visit the Club and use the facilities.
4.6 Any pre-opening membership offer: Any pre-opening membership offer will be valid for the period specified in the pre-opening offer at the specific Luxe Fitness site. At the end of the pre-opening offer period, members will automatically be migrated onto the clubs prevailing equivalent membership offer. Notice of price changes to pre-opening offers are hereby given. A pre-opening offer is valid from the day the club opens, for the period of the offer. If a member signs up on a pre-opening offer and delays their start date, they will receive the guaranteed offer until 12 months after the opening date, not 12 months after their start date. Any membership started during the first 12 months post opening will also be considered an offer price and will increase 12 months post opening to the prevailing equivalent membership offer. Notice of price changes to memberships started within the first 12 months post opening is hereby given.
4.7 Annual membership offer: Any annual membership offer will be valid for 12 months from when the membership offer is subscribed to. Annual memberships cannot be cancelled without the full fee being paid first. Annual members will automatically be migrated onto the clubs prevailing equivalent monthly membership offer at the end of the annual membership. Notice of price changes is hereby given. By completing the sign up of an annual membership, the member agrees that they are entering into a 12-month minimum term contract. If a member cancels an annual membership prior to the membership term, any amendments to the membership may incur an administration fee of up to £50 and a charge for any alteration of the membership type. A period of freeze does not count towards the period of the 12-month contract. If a membership is frozen, the period of freeze will be applied to the end of the membership.
4.8 Wherein additional benefits are offered as part of any membership offer such free coffee– this is limited to 1 coffee per day. Wherein additional benefits are offered as part of the annual membership such as unlimited use of body monitoring facilities, this can only be conducted when there is a member of staff present.
4.9 Membership offers with a period of free monthly membership: For members to be entitled to their period of free monthly membership available through special offers, they must have previously kept their account up to date. Any cancelled direct debits, missed payments or arrears, will void any discount entitlement. After the application of any free period – the membership will continue on a monthly rolling basis at the pre-agreed monthly rate with all other terms in line with our monthly membership (E.g. Sept 2020 offer of 3rd month free – the first two monthly instalments billed at £19.99 must be successfully paid for before the third month to be free of charge).
4.10 Prepaid memberships: Any prepaid membership will have to be paid in full prior to gaining access to Luxe Fitness. The prepaid membership will offer the member access to the club for a specified period of time or for a specified series of classes or services from the chosen joining date of the member and will also have a specified end date by which the classes, services or access to club will have to be utilised. No refunds are available for the incorrect choice of start dates by members or the under-utilisation of the service. Upon expiry of the prepaid membership – the customer will not be rebilled unless the customer has specifically requested that the specific prepaid membership renews after the stated period time.
4.11Upon expiry of any prepaid membership for classes or services, any unused class credits will expire at the end of the stated period of time. No refunds for any unused credits for prepaid classes are available.
4.12 If we are unable to collect a due payment from your account, we will advise you of this (either by phone, SMS, email or letter). We may reapply to your bank for any missed payments up to three further times within one calendar month and we reserve the right to refer any missed due payments to a debt collection agency. We may charge a fee of no more than £15 for failed payments and of no more than £5 for letters sent to you in respect of unpaid amounts. We reserve the right to suspend your access rights to the Club premises until your membership fees are full paid.
4.13 Any unpaid and overdue fees referred to a Debt collection agency will be subject to a surcharge of no more than £50 to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred in the collection of the overdue membership fees will be the responsibility of the member and will be legally recoverable from the member.
4.14 We may appoint a payment processing agent to receive and collect your monthly or annual membership instalments and in respect of payments made by direct/credit card. There will be no extra cost to you for these processing services supplied by such agent.
4.15 We may charge a reasonable fee of up to £35 for any of the following: replacing lost membership cards, removing, or adding associate members, changing membership category and transferring membership.
4.16 Memberships offered on a discounted rate including, but not exclusive to NHS memberships, Blue Light memberships and Student memberships will have a minimum commitment period of 3 months. Any membership cancelled prior to the 3-month period will be charged in full. Memberships offered on a discounted rate require 30 days’ notice to cancel. Members will be required to select the tick box during sign up to confirm they agree to the 3-month period.
5. Using the Luxe Fitness Club app for Class, Personal Trainer, and Physiotherapist bookings:
The Luxe Fitness App can be used for Class and personal trainer bookings.
5.1 Luxe Fitness offers a programme of free classes as part of the membership and members are expected to be considerate of other members when booking and cancelling classes. By booking Classes on the Luxe Fitness app, you are agreeing to the Luxe Fitness class terms and conditions outlined below.
5.1.1 If a member books a class, and wishes to cancel their class, this must do so using the member app. If a class is cancelled more than 3 hours prior to the class beginning the member will be refunded their class credit. This will also allow your place to be offered to other members on the waiting list for the class. If a class is cancelled less than 3 hours before the start of the class, the class credit will not be refunded. As long as the member has notified the club by email prior to the start of the class, any strikes will be retrospectively removed from the account.
5.1.2 If you are on the class waiting list and you do not wish to attend you must cancel more than 3 hours prior to the class. If you remain on the waiting list and if you are offered a class place but do not attend this will be considered a no show and penalties in Section 5.1 will apply.
5.1.3 If a member fails to attend or cancel a class, they have booked they will be sent a warning or will be blocked from booking further classes depending on the level of abuse. If the class is a paid class – they will not be refunded for their class booking.
5.1.4 If a member has been blocked from booking, the minimum period of time for access to be blocked will be determined by management based on the level of abuse. If a member wishes to reactivate their class booking rights early, they can pay a £10 fee.
5.1.5 Any member who does not cancel a class and fails to attend, may be automatically charged up to £10 to the account that they used to sign up to the club.
5.1.6 If a member books and cancels more than 4 classes within one calendar month they will have their class booking access restricted or removed.
5.2 Personal trainers (PTs) and Physiotherapists (Physios) at our clubs are self-employed and any service they provide or (any other third party provided), is a contract between them and you. The Luxe Fitness app facilitates the member to directly book and pay for PT and Physio services, and the Club will collect and pass-on any payments for services to the relevant PT or Physio. Luxe Fitness will not be liable for, or responsible for any monies paid to a PT, physio or other third party. PT, Physio, and other third-party services are arranged directly with the relevant provider or third party and not with the Club. Any disputes in relation to services provided by self-employed professionals, should be dealt with directly with the service provider.
6. Member Rewards Scheme:
The Club may operate a referral scheme for the introduction of new members who join the Club whereby either the member or the referred member will receive a financial benefit or other benefit.
7. Suspension or freezing of Membership:
7.1 A Member may suspend their membership for a period of at least 1 month and a maximum of 3 months if they are unable to make use of the Club facilities. It is the members responsibility to activate their freeze period via the members portal at www.luxe-fitness.com/members.A reduced monthly fee will be charged by the Club during the suspension of membership up to a maximum of £10 for each month of suspension. Notice to terminate membership cannot run concurrently with a suspension period. At the end of any freeze, the membership will automatically restart. If a member freezes less than 7 days prior to their next billing date, the Club may not be able to prevent them being billed – however any such funds collected will be credited to their account when their membership is restarted after the freeze period.
7.2 The Club may consider extending the freeze period further due to medical conditions, however a medical note will be required at this point.
8.1 Termination by the Club
We may terminate this agreement in the following circumstances:
(a) if you commit a serious or repeated breach of this agreement or the Club’s rules of membership and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice.
(b) If any part of your membership fee remains unpaid, or
(c) If you provide us with details which you know to be false when applying for membership and the false declaration would have reasonably affected our decision to grant you membership.
(d) if, as a monthly member, you have not managed to make any monthly membership fee payments for two successive calendar months
If we terminate for any of these reasons, we reserve the right to collect any unpaid fees and also any additional costs required.
8.2 Termination by you
You may terminate an aspect of your membership, or all of this agreement based on the following conditions:
(a) You may terminate your gym memberships, bolt-on or class memberships which have been subscribed to via the Luxe Fitness website via http://members.luxe-fitness.com/login.aspx and selecting the relevant option. Notice to terminate must be provided 30 days before your next membership payment due date. If there is a membership payment due during notice period, you will be billed for this in full. Your membership will terminate 30 days from your final billing date. Members are not required to terminate their direct debit or card mandate as part of the termination process – Luxe Fitness will terminate this on your behalf. Members should terminate any gym memberships, bolt-ons or class memberships via the members portal www.luxe-fitness.com/members. Luxe Fitness is not responsible for refunding membership fees if this minimal notice period is not adhered to.
(b) You may terminate any Bundles for services subscribed via the Luxe Fitness app by cancelling at the reception at the designated Club. If you cancel your Gym Membership – it is your responsibility to cancel your Bundle subscription to ensure no further billing takes place7-Day’s notice is required for cancellation of any services agreement to ensure no further billing takes place. If a Bundle fee is taken during the 7 day’s notice period, the bundle fee is non-refundable. If Bundle service fees continues to be taken after your Club membership has terminated, the Club reserves the right to allocate these funds towards off setting any arrears you may have connected with your membership.
(c) You may terminate your annual membership after the initial 12 months membership. Annual members should provide 30-days’ notice of their intent to terminate their membership prior to the end of their full term, otherwise they will be migrated onto the clubs prevailing equivalent monthly membership offer. Annual members do not have the right to terminate their annual membership during their initial 12-month commitment period as per Section 4.6 unless their committed membership fees are settled in full.
(d) You may also terminate this agreement if:
- We permanently reduce the facilities or opening hours of the Club;
- We change the location of the Club; or
- We close the Club for refurbishment for a period of more than 30 days at a time.
We will use our reasonable endeavours to give you at least 45-day’s notice of the change (either in writing or by prominently displaying a sign in the Club) and, if you wish to terminate your membership due to reasons stated above, you can give us 30-day’s notice in writing to terminate
(d) Members with prepaid memberships will not be refunded any part of the prepaid membership fee for early termination.
9. Membership fobs and QR entry:
9.1 Membership fobs for electronic door entry will be available to all members upon joining the Club and are used to gain entry to the Club. Luxe Fitness reserves the right to charge a fee for the provision of a fob. Membership fobs are not transferable and any members allowing their fob (or any other means of Club access) to be used by another person is in serious breach of these Membership Terms and Conditions and will entitle the Club to charge the offending members up to £50 per transgression and terminate their membership without notice in accordance with Clause 8 above.
9.2 If a membership fob is lost, it should be reported to the Club and the Club reserves the right to charge an administration fee for the provision of a replacement membership fob.
9.3 QR codes for electronic door entry will be available to all members upon joining the Club and are used to gain entry to the Club. QR codes connected with specific memberships are not transferable and any other person to be used to enter the Club. Such abuse is a serious breach of these Membership Terms and Conditions and will entitle the Club to charge the offending members up to £50 per transgression and terminate their membership without notice in accordance with Clause 8 above.
10. Club Rules:
10.1 The Club may amend the Club Rules from time to time in order to ensure the health and safety of members. Temporary amendments will be displayed in the Club. Permanent changes to the Club Rules will only be made after at least 30-days’ notice to members, except in the case of emergency.
10.2 The Club reserves the right to adjust the availability of certain facilities or close the Club on a temporary basis for the general purpose of cleaning, decorating, essential repairs, maintenance of equipment, special functions and holidays.
11. Restriction of Liability:
11.1 Subject to paragraphs 11.2 and 11.3, the Club will not accept liability for any loss, damage to or theft of money, valuables or other personal property of members and guests. Property stored in lockers provided by the Club is stored at the owner’s risk and no liability for loss or damage thereto will be accepted by the Club.
11.2 Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.
11.3 The Club accepts liability for damage, accident, death, personal injury, or other loss sustained by members or guests on the Club premises to the extent caused by its negligence or the negligence of its employees and agents (during the course of their employment and agency, as appropriate) unless that failure is attributable to:
(a) Your own fault;
(b) A third party unconnected with our provision of services under this agreement; or
(c) Events which neither we nor our supplier could have foreseen or forestalled even if we had taken all reasonable care.
12. Health & Safety:
12.1 Members must read all Health and Safety notices displayed in the Club and comply with their recommendations.
12.2 Members are required within 7 days of joining the club, to upload a current photo to the Luxe Fitness app which will be stored on the member profile. For any member who fails to upload an image within the given time, the club will assign an image from the entrance camera to a member profile. All images are used only for profile identification and are stored within GDPR guidelines. Following joining the club, members will be notified of the requirement to upload an image in the welcome email. Luxe Fitness will display a full copy of the CCTV policy in the club which will be available for members to read at all times.
13. Sale of Club:
In the event of the sale or disposal of the Club to another company or to any other person we may transfer your membership to the new owner, and you will continue as a member of the Club and continue to pay your membership fees provided no changes to these terms or the Club rules having a material adverse effect on your use of the Club are made by the new owner. Any such disposal will not affect your contractual or statutory rights.
Notices from you to the Club must be in writing and addressed to the general manager at the Club. The Club reserves the right to require evidence of posting or delivery where it has no record of receipt, or the date of any notice appears inconsistent with the date of receipt. In these cases, the notice will be deemed not given unless such evidence is produced. Any notice handed to the Club must be receipted. Notices from the Club to you will be posted to you at your address in the membership records (or, where these terms permit, displayed on notice boards at the Club, or communicated directly to you via the Luxe Fitness App).
The Club reserves the right to update the Terms and Conditions for all members with 30-day’s notice. The Terms and Conditions will be on our website and it will be the obligation of the members to review the website on a regular basis. We will also attempt to notify our members via the Luxe Fitness App of the release of new Terms and Conditions