Terms & Conditions
1. GENERAL TERMS AND CONDITIONS
In these Terms & Conditions and the Club Rules, "EMPIRE DY9" means Empire Fitness Gym Ltd whose registered office is at Unit 4 Folkes Road Trading Estate, Folkes Road, Stourbridge, DY9 8RG. "Member" means the member named on the Application Form, and "Membership" is the membership by a Member of a Club, which starts when EMPIRE DY9 accepts the proposed Member's Application Form; "Club" means the EMPIRE DY9 gym at which the Member applied for membership. "Contract" means the contract between EMPIRE DY9 and the Member subject to these Terms & Conditions and Club Rules; "Application Form" means the application form completed by the Member to join the Club; "Club Rules" means the terms set out in the EMPIRE DY9 Club Rules.
2. MEMBERSHIP APPLICATION
Membership is subject to these Terms & Conditions as amended from time to time. Submission of an Application Form is an offer to EMPIRE DY9 to become a Member of the Club subject to these Terms & Conditions and the club rules. EMPIRE DY9 reserves the right to reject any application for Membership.
Membership is available to anyone of 16 years and older.
3. MEMBERSHIP TYPES
EMPIRE DY9 has a no Commitment Membership;
Payment is collected 5 working days after commencement of membership and monthly therefore after, There is no minimum term for this Membership and will continue to roll on a monthly basis only until the Member cancels their direct debit directly with their bank.
4. MEMBERSHIP DUES
Monthly Membership fees may be increased at the discretion of and at any time by EMPIRE DY9.
EMPIRE DY9 reserves the right to levy an administration fee of £35 if it forwards the account to a 3rd party debt collection agency in the event of non-payment of fees when due.
5. CANCELLING YOUR MEMBERSHIP
All Members Membership can terminate their Membership by cancelling the direct debit authorisation directly through their bank or building society. It is the Members responsibility to ensure enough notice is provided to the bank/building society to prevent the next payment. EMPIRE DY9 recommends at least 5 working days. Cancellations cannot be backdated and payments taken successfully will not be refunded. When a direct debit payment is unsuccessful, access will be denied with immediate effect and the Membership will be terminated within two working days. Should a Member wish to continue a Membership following a failed direct debit they may contact empiredy9@gmail.com.
6. CLUB FACILITIES
Full details of normal opening hours are available upon request at the Club. EMPIRE DY9 reserves the right to vary normal opening hours, temporarily remove the access to certain equipment, or to temporarily close certain areas of any Club from time to time without notice for various purpose including for cleaning, decorating, repairs, refurbishment, or for special functions and holidays.
7. HEALTH AND SAFETY
All Club users must complete a health questionnaire (PARQ) before entry. If any medical conditions are disclosed, the user must sign the back of the PARQ stating that they have sought medical advice or wish to use the Club without doing so, and that they take full responsibility for any injury or health condition sustained whilst using the facilities arising from their medical condition. EMPIRE DY9 staff are not medically trained and are therefore not qualified to assess whether the Club user is in appropriate physical condition to use the facilities. EMPIRE DY9 advises all Club users to take medical advice prior to starting any exercise programme if they are in any doubt as to their ability to do so.
The Member warrants and represents upon their Membership Application Form, and repeats such warranty upon each visit to the Club, that they are in good physical condition and know of no medical or other reason why they should not engage in any form of exercise, and that such exercise would not be detrimental to their health, safety, comfort or physical condition.
8. TERMINATION OF MEMBERSHIP BY EMPIRE DY9
EMPIRE DY9 may terminate a Membership without notice and with immediate effect if:
The Member breaches these Terms & Conditions or the Club Rules, either repeatedly or because of one serious breach;
Any due fees remain unpaid after any request for payment by EMPIRE DY9;
EMPIRE DY9 is of the opinion (acting in its discretion) that the Member is not suitable for continued Membership;
The Member puts the health, safety or well-being of staff or other Members or Guests at risk.
All decisions made by EMPIRE DY9 under this clause are final and binding.
9. YOUR PERSONAL INFORMATION
EMPIRE DY9 acknowledge that the security of a Members personal information is of high importance. EMPIRE DY9 Privacy Policy conforms to the European Union General Data Protection Regulation (EU GDPR) effective as of 25th May 2018 and explains how a Members information is processed at EMPIRE DY9 and the rights a Member has as an individual under the GDPR.
Members are responsible for advising EMPIRE DY9 of changes to their personal information. Where EMPIRE DY9 is required to provide any written or email notification, EMPIRE DY9 will send the notice to the contact information on the Application Form, or any updated contact information the Member has provided since joining.
Please ensure you have read and understand the EMPIRE DY9 Privacy Policy prior to accepting the Terms of your Agreement.
10. LIMITATION OF LIABILITY
Nothing in these Terms & Conditions shall limit or exclude EMPIRE DY9’s liability for:
(i) death or personal injury caused by its negligence, or the negligence of its personnel or agents;
(ii) fraud or fraudulent misrepresentation; or
(iii) any other liability which cannot be limited or excluded by applicable law.
Subject to that:
(a) EMPIRE DY9 shall have no liability to the Member or Guest, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Terms & Conditions; and
(b) EMPIRE DY9’s total liability to the Member or Guest, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions shall be limited to £250.
11. CHANGES TO EMPIRE DY9 TERMS & CONDITIONS
EMPIRE DY9 may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify Members by placing a notice on the Club noticeboard. Any changes will be effective immediately.
12. THE TERMS OF YOUR CONTRACT
A signed Application Form, these Terms & Conditions, the Club Rules and the PARQ make up a binding contract of Membership with EMPIRE DY9. Members are advised to read the Terms & Conditions and Club Rules in full before signing the Application Form.
The failure of EMPIRE DY9 to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or Club Rules shall not be deemed to be an affirmation by EMPIRE DY9 that the behaviour of the Member or Guest is acceptable.
Except where permitted by this Contract, neither EMPIRE DY9 nor the Member may alter the terms of this Contract without the express agreement of the other.
19. GOVERNING LAW AND JURISDICTION
These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their 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 and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims).