PLEASE READ THE TERMS AND CONDITIONS OF THIS CONTRACT
By completing payment, you are confirming that you have read, understood and are agreeing to the terms & conditions and cancellation policies outlined below.
Between: You (The Member) and ELEVATE3SIXTY (The Gym).
1.0 GENERAL
1.1 All contracts must be paid for in advance. Memberships will not be confirmed until payment has been received.
1.2 I will adhere to all instructions given to me by The Gym staff.
1.3 I understand my progress is dependent upon my effort, cooperation, consistency and adherence to the programme both inside and outside of the training sessions themselves.
1.4 I understand that opening times are subject to change and will vary from the regular schedule over holiday and Bank Holiday periods.
1.5 I agree to conduct myself in an appropriate manner whilst at the gym and/or when attending gym organised events.   I will not use offensive, abusive or discriminatory language or use or threaten violent, offensive or intimidating behaviour or conduct, or engage in behaviour or conduct that may, in our reasonable opinion may, put our coaches and/or other members at risk. 
2.0 THE MONEY BACK GUARANTEE
2.1 I understand that in order to be eligible for the action takers guarantee (if appropriate) I must attend at least 3 coached sessions week at The Gym (every week), use MyFitnessPal to accurately track and hit my nutrition targets (set by The Gym) every day and complete measurements with the Gym's coaches, every month for the full duration of my membership.
3.0 CONTRACT DURATION


3.1 I understand that by completing payment and agreeing to this contract I commit myself to minimum contracted term of one month (30 days) within which I have selected a specified number of coaching sessions to attend.  
3.2 I understand that this contract is in force for a rolling calendar month from the contract start date - this commences when payment is successfully processed. 
3.3 I understand that once I go past the minimum term set out in my contract I will automatically enter a rolling monthly contract, where a 30-day notice period is required for cancellation.


3.4 I understand that any leftover coaching sessions in my membership subscription for the contracted period cannot be carried over into another month.  That is, in the event that I do not attend all sessions within the contracted period then I forfeit any remaining sessions.
3.5 I understand that my membership to the gym is non-transferrable to another person or entity at any time.
4.0 PAYMENTS
4.1 I agree to pay monthly recurring fees (as appropriate for the selected membership) for every month’s membership at The Gym via recurring card payment through the Stripe payment system. 
4.2 I agree to purchase a recurring membership at The Gym as an automatic charge to my credit/debit card every month for a minimum contracted period of 30 days (as appropriate), which then automatically enters into a rolling monthly contract unless requested to be cancelled by either myself with 30 days notice.
4.3 I understand that my service will be deactivated if my account becomes more than 28 calendar days late.
4.4 I hereby certify that I am the holder or authorised user of the credit/debit card detailed when signing up to this contract via Stripe.
5.0 MEMBERSHIP PAUSES
5.1 Membership Pauses are not possible during the initial contracted period of 30 days.
5.2 Once the initial contracted period has expired and a rolling monthly contract has been entered - Membership Pauses are limited to 60 days (2 payments) per calendar year, in 30-60 day increments only.
5.3 All Membership Pause requests require 30 days notice before the next scheduled payment date - any requests received later cannot be processed until after the next scheduled payment.
5.4 Upon expiration of any pause period, membership payment will automatically reactivate and resume.
5.5 If you choose to cancel your membership during the pause period you must follow the normal cancellation procedure.
6.0 CANCELLATIONS
6.1 Following the initial minimum contracted term, all membership cancellations are subject to a 30 day notice period - any payments within this 30 day period will be processed as normal and are non-refundable.
Note: You will, of course, be able to continue at the Gym for a month after your final payment has gone through.
6.2 Cancellation of a contract prior to the expiration of the minimum contracted term requires an early termination fee equal to 50% of the remainder the contract - so choose your contract option appropriately.
6.3 Memberships that are paid in full/upfront are non-refundable.
6.4 These terms are NOT flexible so if you do not intend to adhere to these terms then please DO NOT sign up.
7.0 OUR RIGHT TO PAUSE OR CANCEL YOUR MEMBERSHIP
7.1 The gym may cancel your membership at any time by giving you one month’s notice in writing. In these circumstances, we will refund you the fee that you have paid for that month, and any fees you have paid for future months.
7.2 We may freeze your membership at any time (we will not charge you monthly membership fees while your membership is frozen) or cancel your membership without giving you notice, if you:
(a) engage in any behaviour described in clause 1.5, or;
(b) if, in our professional opinion consider that you are not medically or physically able to undertake the programme safely.
7.3 If we cancel your membership under section 7.2(a) we retain our right to refuse future membership and/or refuse entry to the gym.
7.4 These terms are NOT flexible so if you don’t intend to adhere to these terms then please DO NOT sign up.


8.0 LIABILITY
8.1 I understand there are inherent risks in participating in a program of strenuous exercise. If I sustain or claim to sustain any injury while participating in the program, I acknowledge that The Gym and the coaching team are not responsible - except where the injury was caused by gross negligence or by an intentional act of the coach.
8.2 I agree to disclose any known pre-existing medical conditions and/or pre-existing injuries that, will be, or may be affected by the exercise programme.
8.3 I agree to consult a doctor before I start any exercise programme if I am not sure whether it is suitable and/or if you have a pre-existing illness or medical condition.
8.4 Prior to and/or during the exercise programme, we may identify possible problems with you taking part in exercise and recommend that you seek and obtain medical advice. We are not responsible if you ignore our recommendations and, if necessary, retain our right to freeze or cancel your members under clause 5.3.2(b)
8.5 By law, we do not have to pay you compensation for loss or damage you may suffer unless such loss or damage is caused by our negligence or failure to comply with applicable law.
We will not pay you compensation if we have failed to carry out our duties due to:
8.5.1   Your own fault; 
8.5.2   The fault of someone else who is outside of our control or who is not connected with providing our services under these terms and conditions; or
8.5.3    Events outside of our control or which we could not have known about prior to their occurrence even if we had taken all reasonable care.
8.6 We can make changes to the type of service and/or facilities we provide, and we will give you notice (where possible we will provide reasonable advance notice) of any such changes. We will not be liable for any loss or damage caused by these changes unless the loss or damage is caused by our negligence.
8.7 We cannot accept liability for theft or for loss or damage to you or your property in the gym or the car park unless that theft or loss or damage was caused by our negligence. It is your responsibility to ensure that your valuables are kept secure. Wherever possible, you should avoid bringing in valuables or large amounts of cash into the gym.
9.0 OUR RIGHT TO CHANGE YOUR MEMBERSHIP AND/OR THESE TERMS AND CONDITIONS
9.1 We may, at any time, withdraw and/or alter the membership structure or a payment option for new and current members
9.2 We may change our monthly membership fees. We will tell you about any changes that will apply to you and will give you at least one full calendar months’ notice before the change comes into effect. 
9.3 We may, without notice to you, make reasonable changes to these terms and conditions if the changes are for the benefit of the majority of our members.
10.0 EVENTS BEYOND OUR REASONABLE CONTROL
10.1 If we cannot provide our services at the gym, or another suitable location, for 30 consecutive days or more, or services are significantly reduced for 30 consecutive days or more, for reasons or events beyond our reasonable control, you or we can cancel your agreement immediately by written notice. By law, we do not have to pay you compensation in these circumstances. 
10.2 Reasons or events beyond our reasonable control could include, for example, but are not limited to natural disasters, government actions, war, national or regional emergency, acts of terrorism, protests, riot, fire, explosion, flood, an epidemic and strikes or other labour disputes (not relating to our workforce).
11.0 DATA PROTECTION
11.1 Your membership with us is governed by the laws of England and Wales.
11.2 We will only process personal information you give us in accordance with the applicable data protection laws and our Privacy Policy. This includes information on how we protect your information, who we are allowed to give it to and how to exercise any of your rights in relation to it. 
11.3 We will keep any clinical information you give us confidential and secure and only pass it to, or receive it from, those involved with your programme. By joining the gym, you are giving us permission to share relevant clinical information that relates to your health goals between our coaching team.
11.4 It is important that we hold the most up-to-date contact details for you. You are responsible for keeping all your personal contact details.
12.0 AGREEMENT
10.1 I understand that by completing payment and taking up membership at The Gym I am entering a contract and agreeing to the terms and conditions outlined above.