YOUR MEMBERSHIP WITH LESLEY MITCHELL FITNESS
1) You must be over the age of 16 unless otherwise agreed.
2) You must complete a PAR-Questionnaire before commencing any exercise with Lesley Mitchell Fitness. By completing a PAR-Questionnaire you confirm to us that you have no known condition or are undergoing any treatment that would prevent you from being capable of physical exercise in all material aspects.
3) Any change in your health / medical conditions you must advise Lesley Mitchell Fitness by email / writing / text & update medical screening form.
4) Your membership applies to you personally. You may not transfer, assign or lend it to another person.
A) Premier Plus – payable my monthly standing order / bank transfer
B) Premier – payable my monthly standing order / bank transfer
C) PAYG (Pay As You Go) – payable at the class attended
Classes: Health/fitness classes in your Lesley Mitchell Fitness timetable, which may be subject to change from time to time. Agreement: your Membership Agreement and these Membership Terms and Conditions, copies of which are available on our website: www.lesleymitchellfitness.co.uk
Premier Club Member: a member of Lesley Mitchell Fitness club.
Premier Club Membership paid on a Monthly basis preferably by standing order otherwise a bank transfer is acceptable.
Membership Agreement: your membership agreement, which sets out, how payment is to be made.
Membership Fees: the charges payable for your category of membership as set out in your Membership Agreement & stated on Lesley Mitchell Fitness website.
Monthly Fee: if paying monthly by Standing order, the monthly payment of your Membership Fee as set out on your original standing order mandate. – otherwise as agreed at commencement of membership
PAYG: is for members who prefer pay for each class attended on an ad hoc basis.
Medical Screening form: the questionnaire to be completed by each Member before commencing physical activities either as a new member or if a new medical condition has been diagnosed.
we/us/our: Lesley Mitchell Fitness
you/your: the named user entering into the Agreement with Lesley Mitchell Fitness.
2.1. Your Agreement and your membership will commence as set out below:
2.1.1. Premier Club Membership paid by a Monthly Fee:
Completion of standing order mandate or notification that on-line bank transfer has been set up by yourself payable to Lesley Mitchell Fitness.. Standing order / bank transfer can be cancelled at any time with one month’s notice.
3.1. An application for Membership can be made online at www.Lesley Mitchell Fitness.co.uk or at a Lesley Mitchell Fitness class.
3.2. Acceptance of an application for membership is solely at the discretion of the club management and reasons need not be given for refusal.
3.3. You agree to comply and be bound by these Membership Terms and Conditions.
3.4. Your membership is personal to you. You must not share, sell, lend, or otherwise allow another person to use your membership. Any Member found to be doing so shall have his/her membership revoked.
3.5. You must complete a Medical Screening form before exercising and it is your responsibility to update that information should your medical condition change in any way.
3.6. You acknowledge that we may make reasonable changes to the codes, protocols and policies applicable to the club at any time and at our discretion provided that we give you advance notice of the changes.
3.7. Members and guests must be aged 16 years or over unless by prior consent.
3.8. You agree to advise us promptly of any change to your Member details, as provided on your Membership Agreement
4. APPLICATION OF CONDITIONS AND OUR OBLIGATIONS
4.1. These Membership Terms and Conditions shall prevail over any inconsistent terms or conditions contained or referred to in your Membership Agreement or implied by law, trade custom, practice or course of dealing. This will not change your statutory rights.
4.2. We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services.
4.3. We shall notify you of any changes in the manner we deem most appropriate, which may include emails to the email address you supplied on joining, updates to our website, or text notification via wasap ‘Sparking Group’.
4.4. We shall use reasonable endeavour’s to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.
4.5. Any complaints should be brought to our attention immediately.
5. MEMBERSHIP FEES AND CHARGES
5.1. You agree to pay the Membership Fees in accordance with your Membership Agreement.
5.2. We do not administer your Standing Order payments. Therefore Lesley Mitchell Fitness has no jurisdiction over the payments made. The responsibility of those payments remains entirely at your own discretion and no refunds of over-payments will be made.
5.3. You must make any applicable standing order payments regardless of non-attendance, except where you cancel your Agreement in accordance with these Membership Terms and Conditions.
6. Premier Club Members
6.1 Paid by a Monthly Fee: your Agreement will automatically continue on the terms and conditions of a Rolling Term Agreement at the applicable Membership Fees at the time. If you do not wish your Agreement to continue, you must give us one month’s notice that you intend to cancel your Agreement. The responsibility of the cancellation of your standing order payments remains entirely at you own discretion.
6.1. The standing order payment / on-line bank transfer amount is due from you to us. You must make those payments for the duration of your Agreement.
6.2. Standing Orders / bank transfers are collected / transferred on a monthly basis calculated from the sign up date to the corresponding day of the next month, in your first Standing Order Payment / on-line bank transfer
6.3. We will automatically continue collecting the Standing Orders / on-line bank transfer payment amount every month until your Agreement is terminated by you after giving one month’s notice.
6.4. You may cancel your Agreement on giving us one calendar months’ notice. Your Agreement will end at the end of the calendar month of your final payment.
7. Failure to Supply Classes
7.1. You acknowledge that it may be necessary for us to close all or parts of our classes from time to time and that this may disrupt our provision of the Services. However, it will always be our endeavour to maintain all classes according to and within our programme. In such circumstances, you agree that any such disruption shall not constitute a material breach of the Agreement. We will always take care to minimise any inconvenience caused.
8. LIMITATION OF LIABILITY
8.1. Nothing in your Agreement shall limit or exclude our liability:
8.1.1. for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors.
8.1.2. for fraud or fraudulent misrepresentation.
8.1.3. to pay reasonable compensation should you suffer loss or damage caused by our negligence; or
8.1.4. for any liability that cannot be limited or excluded by law.
8.2. Subject to Clause 8.1 above, this Clause 8.2 sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and subcontractors) to you in respect of:
8.2.1. any breach of the Agreement.
8.2.2. any use made of the Services; and
8.2.3. any representation, statement, wrongful act or omission arising under or in connection with the Agreement.
8.3. We shall not be liable for any services offered by any third parties
8.4. Subject to the other provisions of this Clause 8, we shall not be liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Agreement.
8.5. Subject to Clauses 8.1 to 8.4 inclusive, our total liability in connection with the performance, or contemplated performance, of the Agreement, shall be limited.
8.6. Members must secure their personal belongings and it will remain their own responsibility to affect the safety of their belongings.
8.7. The above limitations do not affect your statutory rights.
9. CANCELLATION BY US
9.1. Without prejudice to any other rights or remedies which each party may have, we may cancel the Agreement immediately on giving notice to you if you are in breach of these Membership Terms and Conditions.
9.2. We may cancel your membership immediately should you harass, threaten or abuse our staff or other Members of Lesley Mitchell Fitness, maliciously damage our property, or should you commit any illegal act whilst on our facilities.
10.1. You may cancel your Contract at any time having given one months’ notice and therefore it will remain your responsibility to cease all standing order / on-line bank transfer payments. Lesley Mitchell Fitness has a no refunds policy.
11. DATA PROTECTION
12.1. We may assign the benefit of your Agreement and our rights thereunder to a third party on notice to you. Your rights under your Agreement will not be prejudiced. You may only transfer your rights and obligations under your Agreement if we agree in writing.
12.2. We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
12.2.1. An “Event Outside Our Control” means any act or event beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
12.2.2. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(a) we will contact you as soon as reasonably possible to notify you.
(b) Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
12.3. If any provision of the Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Agreement, and the validity and enforceability of the other provisions of the Agreement shall not be affected.
12.4. Unless set out in these terms, any notice or other communication to be given by you to us under the Agreement must be delivered in writing to us at our addresses or any such addresses as may be notified by us to you from time to time. We will give notice to you under the Agreement using the email address supplied by you on joining.
12.5. A person who is not a party to the Agreement shall not have any rights to enforce its terms.
12.6. If we fail to insist that you perform any of your obligations under the Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.7. The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
1. INFORMATION WE MAY COLLECT FROM YOU
1.1. This policy (together with our Membership Terms and Conditions) and any other documents referred to on it) sets out the basis on which any personal information we collect from you, or that you provide to us, (together Personal Information) will be processed by us. Please read the following carefully to understand our views and practices regarding Personal Information and how we will treat it.
For the purpose of the General Data Protection Act 2018 (the Act), the data controller is Lesley Mitchell Fitness
1.2. We may collect and process the following Personal Information:
a) Information that you give us. Information that you give us by completing our medical screening form by corresponding with us by phone, e-mail or text. The information you give us must include your name, address, e-mail address (if applicable) and phone number . We may occasionally request a photograph of you for promotional usage; by supplying or agreeing to have photograph taken this will be taken as your permission for us to display it on Lesley Mitchell Fitness website (www.lesleymitchelfitness.co.uk)
c) Information we collect automatically. With regard to each visit to our site we may automatically collect the following information:
·technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
·information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
2. HOW WE USE THE INFORMATION THAT YOU GIVE US
2.1. We will use this Personal Information:
a) To carry out our obligations arising from any Agreements entered into between you and us and to provide you with the information, products and services that you request from us;
b) To notify you about changes to our service;
c) To administer our site and for internal operations, including troubleshooting, information analysis, testing, research, statistical and survey purposes;
d) To improve our site and to ensure that content is presented in the most effective manner for you and for your computer;
e) To allow you to participate in interactive features of our services when you choose to do so;
f) As part of our efforts to keep our site safe and secure;
g) To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
h) To provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information; and
i) With your consent, for marketing purposes to provide you with information about our goods or services.
2.2. We will endeavour to use whatever method of communication deemed appropriate to notify you of club information in order to best serve your experience and assume that the information provided by you is correct and an acceptable method to provide you with this information.
3. WHERE WE STORE YOUR PERSONAL INFORMATION
3.2. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect Personal Information, we cannot guarantee the security of Personal Information transmitted to our site; any transmission is at your own risk. Once we have received Personal Information, we will use strict procedures and security features to try to prevent unauthorised access.
4. YOUR RIGHTS
Our site may, from time to time, contain links to and from the websites of advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to these websites.
5. ACCESS TO INFORMATION
You have the right to access information that we hold about you. Your right of access can be exercised in accordance with the Act.
SCHEDULE 2 – COOKIES POLICY
This policy explains what cookies are, how you can switch them off.
1. What are Cookies
Cookies are small files that are stored on your internet browsing device (e.g. computer, tablet or phone). Cookies don’t store your personal details such as your credit card details, your name or your date of birth.
2. What types of Cookies do we use?
Our site uses session cookies and persistent cookies. Session cookies operate from the moment you log on to the site until the moment you log off. Once you log off session cookies are deleted.
Strictly Necessary Cookies are essential to our site, if these are disabled, your experience on our site may be interrupted and you may not be able to use a shopping basket or make payment.
Performance Cookies collect anonymous information about visitors. We use the information to improve your future experience and identify issues that our users may be experiencing.
Functionality Cookies customise the look and appearance of our site. For example, a functionality cookie will remember your username and language preferences next time you visit.
Third party cookies are not used on our website.
3. What happens if I turn off Cookies?
If you disable or delete cookies you may not be able to access important parts of our site. Further information on cookies, including instructions on how to amend your browser settings to turn off cookies, is available widely online.