1.    Background

These Terms and Conditions shall apply to the use of the facilities and services provided by The Performance Zone Ltd (11733057), Pevensey Road, Southwater, West Sussex, RH13 9XZ. These terms and conditions shall apply to anyone who has/is taking out membership or purchasing a pay-as-you-go session with The Performance Zone Ltd.

2.    Definitions:

In these Terms and Conditions, the following expressions have the following meanings:

The BusinessMeans The Performance Zone Ltd
MemberMeans customers who have signed up to any of our monthly memberships.
Non-MemberMeans the customer who is utilising our products and services on a pay-as-you-go or package basis.
VisitorMeans the customer who is not actively engaging in a product or service, but visiting for other reasons such as to see the facility or complete a work-related task.
Membership PackageMeans the type and grade of package and the products/sessions that it entitles you too.
Membership FeesMeans the fee(s) related to the membership
Session / SessionsRefers to any sessions which The Performance Zone Ltd employed or self-employed staff offer across both the fitness studio and clinic e.g. group personal training, 1 -on-1 training, large group training, physiotherapy.
ProductsRefers to the products that The Performance Zone Ltd and its employed or self-employed staff offer across both the fitness studio and clinic e.g. group training, classes, injury rehabilitation and open studio.
Point of Sales (POS)Refers to our Point of Sales system provided by Virtuagym, the system in which we sell our services and products.

3.    Membership

3.1 Nature of Agreement

This agreement sets out the terms that will govern the relationship between us, the owners of The Performance Zone Ltd, and you, a member, non-member or visitor of The Performance Zone Ltd.

3.2 Memberships

By completing a membership sign up process online or in our studio, you are committing to becoming a member of The Performance Zone Ltd and therefore the terms and conditions of this agreement.

For all of our products, services and memberships a minimum age of 16 is required. The only exemptions to this are 1-on-1 personal training, physiotherapy, sports therapy and our junior group training sessions that are specifically designed for under 16s. In the case of an under 16 joining any of these sessions, a parent or guardian is needed to sign the required terms and conditions set out in this document on their behalf, and they are expected to adhere to these terms and conditions as well as our studio and clinic rules.

If at any stage our memberships become oversubscribed, we hold the right to evoke a waiting list. This waiting list will operate on a first come first serve basis. While the waiting list is in place, we will ensure we are making steps to improve our capacity to the best of our ability.

3.3 Pay-as-you-go

By completing a payment through our website or through reception at our studio, you are not committing to a membership. You are however committing to the terms and conditions of this agreement, apart from those that relate directly to membership.

3.4 Billing Cycle

All our memberships are billed on a monthly basis. The first payment is collected immediately on the date you sign up on. This date will then become your monthly collection date for subsequent payments, unless you choose to start your membership on a specific date in the future. If you choose to do this, your first payment will come out on the date you have selected. This date will then become your collection date for all future payments.

The payment will start processing 7 days before the date of collection, with the membership invoice automatically generated 4 days before the payment is due. On some occasions e.g. weekends and bank holidays, the payment date may fall on a date a few days out of the normal billing date.

3.5 Direct Debit

All our memberships are collected via direct debit and you will sign a direct debit mandate on signing up for membership. Our direct debits are arranged and collected by GoCardless. By completing the direct debit mandate and finishing the set-up process with GoCardless, you are agreeing to our terms and conditions set out in this agreement.

3.6 Membership Contents

All of our different memberships will entitle you to credits that can be used against different products. The type and grade of your membership, will determine the type of credits and how many you receive. The type and amount of credits, is stated on the first page of the membership sign up process. Once you are signed up, you can view your credits live in the app or desktop version.

Each month on your payment date, the credits will renew and any previous credits that aren’t used will expire and cannot be redeemed. The Performance Zone Ltd, will not be responsible for delivering the services related to the expired credits, or issuing a credit or monetary refund for these. It is up to the membership holder to redeem these credits before their expiry.

Memberships and credits can’t be transferred to another member or non-member and are non-refundable.

3.7 Minimum Membership Period

The minimum membership period for all of our memberships is 2 months. You must pay the minimum membership period before cancelling your membership, unless you are applicable to suspend your membership as set out below in section 4.1.

4. Cancellations and Pauses

4.1 Your Right to Cancel Your Membership without Liability

If during your 2-month initial membership period you provide written confirmation to show you meet any of the following criteria, you may cancel your membership before the 2-month period is over without any further obligation on your part.

  • You, your spouse or partner (if living at the same address) has begun to claim income support and is unable to continue paying membership.
  • You are advised from your GP not to exercise due to a medical reason. A headed and signed letter from your GP will be needed to confirm this.
  • You have recently become pregnant or given birth within the last 3 months.

The Performance Zone Ltd is not liable to refund any period you have already paid for and cannot utilise due to a change in circumstances. You will still have access for the remainder of the paid period, up until your next payment is due. After this period, you will cease to be a member of The Performance Zone Ltd and will be relieved of your obligation to pay membership. The Performance Zone Ltd will be relieved of providing you access to the studio and clinic, as well as access to any products/services and use of the app.

4.2 Your Right to Pause Your Membership

After you have paid your initial minimum 2 months membership, you are entitled to pause your membership with us at any time for any length up to 6 months maximum. In order to pause your membership, you need to provide a written notice with a minimum of 7 days notice before your next payment is due. You are entitled to use our facilities until the end of the paid month. Once the pause begins, you will be relieved of your obligation to pay membership and The Performance Zone Ltd will be relieved of providing you access to the studio and clinic, as well as access to any products/services and use of the app.

When you wish to resume your membership, you can do so by email, phone or via reception.

If after the 6-month pause period, you have not given written notice to cancel the membership, the membership will automatically unpause and your monthly payments will resume. It is up to the membership holder to manage their finances and pause date. The Performance Zone Ltd will not be liable to refund any month or months payments that occur, due to the member not extending the freeze or cancelling altogether.

4.3 Default with Monthly Payments

If at any stage your monthly payment defaults, there will be a 7-day period from the collection date for you to contact us and rearrange the payment. If after this 7-day period the membership is still outstanding, we hold the right to pause your access to the facilities at the studio and clinic and the services they provide.

Your access to the facilities will stay paused until the outstanding payment is settled. The Performance Zone Ltd is not liable for any products/sessions that you miss while your access is paused and no refund is to be given for these.

Unless we have exercised our right to terminate this agreement as set out in section 5.1, your monthly membership subscriptions will continue to become due even though you may not be entitled to use the facilities at the club. If any of these following payments default, the payment will be added to the total you owe.

In order to gain access to our facilities and services again or cancel your membership, you will need to pay for any month or months of defaulted payments.

4.4 Cancelling Membership

Either party may cancel your membership (a) at the end of the Minimum Membership Period by giving at least 1-month prior notice or (b) at any time thereafter by giving at least 1-month prior notice. Any outstanding payments will need to be cleared before your membership is cancelled.

5. Termination

5.1 Termination due to Default Payments

If any payment due from you remains unpaid for a period of 7 days or longer, we hold the right to pause your access to the facilities. If this payment remains unpaid for more than 3 months, The Performance Zone Ltd has the right to terminate the agreement and will not be held accountable for any losses occurred by the membership holder.

5.2 Termination of Your Fault

We may terminate this agreement at any time if (a) your treatment of another member or a member of the studio or clinic staff falls well below the standard of consideration that we reasonably expect and (b) having been asked to remedy your conduct you fail to do so within 7 days of the receipt of a written warning; or having been asked to remedy your conduct you do the same thing again within 6 months of the receipt of a written warning.

6. App and Bookings

6.1 The App

The Performance Zone Ltd uses a custom app created by Virtuagym for both booking and tracking sessions. The app can be downloaded from the app store for both Apple and Android devices, or a desktop version can be accessed through our website.

All of our services are completed by purchasing relevant credits and using these credits to redeem the service/products by booking through the app or desktop version.

6.2 Purchasing Credits

6.21 Pay-as-you-go

Any single pay-as-you-go session credits bought will have a 1-month expiry dated from the time of the purchase. After purchase, the session credit can be refunded if a written notice is sent to The Performance Zone Ltd within 5 days of purchase, as long as the session has not been redeemed or booked. After 5 days from purchase, no credit refund or monetary refund can be given.

6.22 Packages

Any packages of session credits purchased, will have a 6-month expiry from the date and time of purchase. After purchase, any sessions that haven’t been used or booked, can be refunded if a written notice is sent to and received by The Performance Zone Ltd within 5 days of purchase. After 5 days from the package purchase, no credit or monetary refunds can be given.

6.3 Making a Booking

Once a purchase has been made you can make a booking using the credit purchased through the app, or through our website. To do this you will have to have a user which you will be prompted to create on purchasing through the webshop.  

All 1-on-1 personal training sessions, sports therapy, physiotherapy, sports massage and nutritional therapy sessions can be booked up to 3 months in advance of their delivery. Group Personal Training and large classes can only be booked 2 weeks in advance to stop people unfairly taking up multiple bookings.

6.4 Cancelling a Booking

In the event you need to cancel your session, credits will be refunded if your cancellation of the session/s is before 12 hours of the start time. If the cancellation is within 12 hours of the session/s delivery, or the member doesn’t cancel all together, the session/s credits will not be refunded and the booking will be lost.

7. The Sessions

7.1 1-on-1 Sessions

Our Personal Trainers, Physiotherapists, Sports Therapists and Nutritional Therapists are all self-employed. The Performance Zone Ltd therefore is not liable for any issues with your 1-on-1 sessions, although we do take it upon ourselves to hold the highest standard.

You may cancel or change your booking up to 12 hours before the session starts. If you cancel or rearrange after this, the credits will still be deducted and you will therefore loose the credits from the session.

7.2 Group Training and Classes

All classes, workshops and similar events provided by The Performance Zone Ltd must be booked through the website in advance of their delivery. The sessions can be booked up to 2 weeks in advance to ensure there is no block booking preventing others from accessing the classes. There is no priority and all the places are given on a first come first serve basis.

You may cancel or change your booking up to 12 hours before the session starts. If you cancel or rearrange after this, the credits will still be deducted and you will therefore loose the credits from the session.

If the class or workshop requires an additional fee on top of your membership, you will be expected to pay this in advance of the class or workshop.

Members/participants must ensure they are on time to the classes, if a member is more than 10 minutes late to a class The Performance Zone Ltd reserves the right to refuse entry to the class and the credit will still be deducted.

8. Parking

Adequate parking is on site for use of the member, non-member or visitor of The Performance Zone Ltd. If the parking is full, there is access to an overflow car park, anyone visiting The Performance Zone Ltd is expected to park sensibly and not on the roads surrounding The Ghyll.

Parking on site is at your own risk and The Performance Zone Ltd is not liable for any damages or losses caused while parked on site.

9. Lockers and Facilities

Members, non-members and visitors may bring personal property on site and can store it in the provided lockers. Any personal property that is bought on site, is done so at the member, non-member or visitors risk and The Performance Zone Ltd is not responsible for any loss or damage caused to it.

10. Rights and Responsibilities

10.1 Your Responsibilities

  • You must treat all club members and staff with the consideration that you would reasonably expect them to show to you. In particular, you must not make remarks that are rude or offensive or behave in a manner that is dishonest, aggressive or indecent.
  • You confirm that the information that you provide to us on your contract is accurate. If any of the relevant information changes you agree to notify us of any significant changes e.g. as to your name, address and account details as soon as possible and in any event before the next monthly payment falls due.
  • You must maintain your monthly payments and if you expect to miss a payment, or a payment defaults for any reason, you must notify us and remedy the issue within 7 days of the occurrence.  
  • You must follow the terms and conditions as well as the studio and clinic rules at all times.
  • You must ensure the Covid-19 guidelines are followed while in place.

10.2 Your Rights

  • You are entitled to access to our facilities and the products and services that are included in your membership. You are entitled to a minimum of a weeks notice for any planned closures such as maintenance that will affect your attendance to the facilities.
  • After the minimum membership period, you have the right to cancel your membership with us via written notification and a 7-day notice at any stage. You have the right to use our facilities, products and services up until the paid month expires.
  • Once the minimum membership period is passed, you have the right to pause your membership via a written notice of 7 days, and this pause can last for up to 6 months. The pause is at no cost to you and will automatically reinstate after the 6-month period is passed. By pausing, you are agreeing to the membership automatically unfreezing after the 6-month period unless you have applied for another freeze or cancelled altogether.
  • You can opt out of any email notifications however The Performance Zone Ltd cannot be held liable for any losses incurred by not receiving communications.
  • You are entitled to complain or raise an issue by contacting us via the website details.

10.3 Our Responsibilities

  • We will store any personal data in line with the Data Protection Act (1998) and GDPR (2018).
  • If there are any planned or unplanned, partial and full closures we will ensure as much notice is given as possible where possible.
  • If for any reason the gym is subject to close indefinitely, we will terminate all active memberships and a pro-rata refund will be given for the final months membership, if it wasn’t served to its full term.
  • We will ensure that the studio and clinic are kept clean and tidy and to a good working standard.
  • We will ensure all equipment in the studio and clinic is working and work to fix any issues as soon as possible.
  • We will ensure health and safety protocols are followed and a first aider is always on site.

10.4 Our Rights

  • The Performance Zone Ltd holds the right to make changes to our membership packages such as price and contents. We will notify you with a minimum of a months notice if this is to take place.
  • The Performance Zone Ltd may terminate your membership, if you fail to maintain your monthly membership payments as set out in section 5.1.
  • The Performance Zone Ltd may terminate your membership with immediate effect, if you fail to follow the studio and clinic rules and/or treat other members or staff as we deem appropriately.
  • The Performance Zone Ltd may use your contact details to relay membership and studio/clinic updates.
  • The Performance Zone Ltd, its employees, self-employed staff and subcontractors are not liable for any loss, damage or theft of any of your property that you bring onto any of our premises.
  • The Performance Zone Ltd holds the right to close our premises at any time for any reasonable length of time to carry out maintenance, refurbishments, cleaning, or for other reasons outside of our control. The Performance Zone Ltd will not be held liable for any losses by you for not being able to access our facilities and services during these periods.
  • The Performance Zone Ltd holds the right to amend our opening and closing hours at any time, with a minimum of 1 months notice.
  • The Performance Zone Ltd holds the right to adjust our opening hours or close altogether for bank holidays and the Christmas and New Years period. Any changes will be communicated with a minimum of a weeks notice.
  • The Performance Zone Ltd is not liable for any injuries that occur in either our studio or clinic.
  • The Performance Zone Ltd may make reasonable changes to the membership rules and agreement terms and conditions at any time.
  • The Performance Zone Ltd may use images and videos that contain our members, non-members or visitors, taken from our studio or clinic for purposes such as marketing and social media. Images and videos will not be used outside of business purposes.

11. Limitation of Liability

To the fullest extent permissible by law, The Performance Zone Ltd’s liability for any loss or damage suffered by Members shall be limited to that which arises out of the negligence of the studio or clinics employees, sub-contractors or agents.

12. Privacy Policy

12.1 Privacy Policy

This privacy policy tells you how we use personal information collected on our website or through our POS. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

12.2 Links/Software

Links from or to websites outside of The Performance Zone Ltd website, are meant for convenience only. The Performance Zone Ltd does not review, endorse, approve or control, and is not responsible for any sites linked from or to the site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and The Performance Zone Ltd will not be responsible or liable for any damages arising from visiting these links.

12.3 Data Protection

The Performance Zone Ltd will never share Members’ personal data with any third parties, for any reasons without the prior consent of the Member concerned.  Such data will only be collected, processed and held in accordance with The Performance Zone Ltd rights and obligations arising under the provisions and principles of the Data Protection Act (1998) and GDPR (2018).

12.4 Collection of Information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. This information is only used to fulfil your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

If you sign up for a mailing list or alike and wish to be removed, you hold the right to contact us via email to be removed, or directly through the email link.

12.5 Cookie/Tracking Technology

The Performance Zone Ltd may use cookie and tracking technology depending on the features offered. Cookie and tracking technology is useful for gathering information such as browser type and operating system, tracking the number of visitors to The Performance Zone Ltd website, and understanding how visitors use the site.

Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

12.6 Distribution of Information

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

13. No Waiver

No failure by The Performance Zone Ltd to enforce any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions.  Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

14. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

15. Law and Jurisdiction

These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

Any dispute, controversy, proceedings or claim between the parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

16. Refunds

16.1 Memberships

1-on-1 Personal Training, Group Training/Classes and Hybrid Training Memberships

  • No monetary refunds or credit refunds can be given for any months memberships that have already been paid for or passed, or for any of the additional products that the membership contains.
  • If sessions from the membership are not used within the month, they will expire and cannot be refunded or carried over to a following month.
  • Refunds for memberships will be given if membership was taken due to an error of the business, for example a clerical issue on a membership.
  • Monetary refunds will not be given if a session of any description is cancelled or changed due to instructor illness, closures or other similar circumstances.
  • Credit refunds will be automatically issued if a session of any description is cancelled or changed due to instructor illness, closures or other similar circumstances.

16.2 Pay-as-you-go Sessions

  • No monetary or credit refunds will be issued for any type of session in the studio, clinic or hall, that has been used or missed for both pay-as-you-go and package sessions.
  • No monetary or credit refunds will be issued for any type of session in the studio, clinic or hall that has passed the 12-hour notice period.
  • Full monetary refunds can be given for any type of session in the studio, clinic or hall at the discretion of The Performance Zone Ltd, as long as there has been more than 24 hours notice of the session start for single pay-as-you-go sessions and within 5 days of the purchase of the session credit.
  • A credit refund can be issued for any type of session in the studio, clinic or hall or the session transferred if more than 12 hours before the start of the session. The credits that are refunded are still subject to their previous expiry date.

16.3 Packages of Sessions

  • Once a package is purchased a 5-day period is applied for a full refund to be granted. The refund needs to be in writing to The Performance Zone Ltd and will not apply for sessions that are used, booked or missed.
  • After the initial 5-day period, no monetary refunds will be issued for any package of sessions or individual sessions from the package, relevant to both our studio and clinic products.
  • No monetary or credit refunds will be issued for any type of session in the studio, clinic or hall that has passed the 12-hour notice period.
  • A credit refund can be issued for any type of session in the studio, clinic or hall if more than 12-hours before the start of the session. The credits that are refunded are still subject to their previous expiry date.

17. Covid-19 Business Guidelines

During the pandemic and any time thereafter where government guidelines are still in place, a range of Covid-19 guidelines and practice will be in place, to ensure the safety of anyone coming on site. At all times any members, non-members, visitors and staff are expected to follow the guidelines.

17.1 Risks of Opting in for Products and Services

While all precautions will be taken to ensure the safest sessions and products possible, you understand that by partaking in any of our products/services, you are assuming the potential risk of exposure to the coronavirus. By completing payment through our online webshop you are agreeing to these terms and conditions and The Performance Zone Ltd shall not be liable should you contract Covid-19.

17.2 Your Responsibility to Minimize Risk

To obtain our products and services, you agree to take certain precautions which will help to keep all parties as safe as possible and minimize the risk of exposure.

  • All appointments are to be cancelled if you become symptomatic, contract Covid-19 or are isolating because contact with the virus.
  • You will wash your hands or use alcohol-based hand sanitizer before and after sessions.
  • You will adhere to the social distancing protocols set out for the session; 2-metre distance is to be kept at all times.
  • If at any point while you hold an active subscription or package you become symptomatic or come in to contact with someone who is symptomatic or has tested positive, you will immediately let The Performance Zone Ltd know via email of phone.
  • You will follow the 1-way system to the best of your knowledge when on site.
  • You do not need to wear a face mask in the studio, but if using the communal areas such as other parts of the building, or our sports injury clinic, a face mask is required.
  • You will ensure to clean equipment and touch points after use with the products provided on the studio floor.
  • You will ensure to use the track and trace app to scan the QR code located at reception on entry to the studio on every visit.

17.3 Reporting and Isolating

If at any stage you become symptomatic or come in to contact with someone who has been symptomatic or tested positive, this must be communicated to The Performance Zone Ltd as soon as possible via email or phone. A two-week isolation period must be adhered to in order to decrease the likelihood of spreading the virus between parties.

If a member of our staff tests positive, we will also follow the government guidelines and isolate and inform members if the guidelines suggest we do so.

If we are forced to shut our doors for any period of time due to staff isolating and or deep cleaning, The Performance Zone Ltd is not liable to refund any sessions. The credits will stay in your account to be used at a later date and The Performance Zone Ltd will try its best try to minimize the impact of any lockdown on your memberships.

17.4 Changes to Guidelines

The Performance Zone Ltd holds the right to make amendments to the terms and conditions relating to Covid-19 if the government guidelines change.