- 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.
- Definitions:
In these Terms and Conditions, the following expressions have the following meanings:
The Business Means The Performance Zone Ltd
Member Means customers who have signed up to any of our monthly memberships.
Non-Member Means the customer who is utilising our products and services on a pay-as-you-go or package basis.
Visitor Means 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 Package Means the type and grade of package and the products/sessions that it entitles you too.
Membership Fees Means the fee(s) related to the membership
Session / Sessions Refers 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.
Products Refers 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.
- 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. By signing up to a membership you are confirming you are over this age and therefore able to sign all relevant documents and will be covered by our insurance provider.
The only exemptions to this is our junior open gym membership, that is specifically designed for those aged 14 to 16. In the case of an under 16 joining this membership, 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. Should the junior member be under this age, our insurance provider may not cover them. By signing this agreement, the parent/guardian is confirming their child is between 14 to 16 years old and understands that if their child is under the stated age the business will not be held liable.
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 will start processing immediately on the date you sign up on but can take up to a week to be fully processed. The date on which you signed up will 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 10 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. By signing this agreement you are accepting these billing terms and The Performance Zone Ltd will not be held liable for an issues arising from delayed payments.
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.
Each month on your payment date, the credits will renew and any previous credits that haven’t been 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 cant 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.
- Cancellations and Pauses
4.1 Your Right to Cancel Your Membership In The Initial 2-Month Period 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
The Performance Zone Ltd does not offer membership pauses. It is advised that the member cancels their membership and rejoins when appropriate. When cancelling a membership the terms are outlined in section 3.6 above.
4.3 Default with Monthly Payments
If at any stage your monthly payment defaults, The Performance Zone Ltd holds the right to immediately pause your membership. The direct debit will automatically continue to be retried until the payment is successful or the membership is cancelled.
In the event of three consecutive failed payments a £15 admin fee will be automatically added to the totals owed to cover the costs incurred from the direct debit provided for failed payment fees.
Your access to the facilities will stay paused until the outstanding payment/s are 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.
In order to gain access to our facilities and services again or cancel your membership, you will need to pay for any defaulted payments and a admin fee if one is applicable.
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.
4.4 Cancelling Membership
All of our memberships operate on a monthly rolling basis and to cancel, a months written notice is required. Should you need to cancel immediately a £15 early cancellation fee can be processed and your membership terminated immediately. In order to process an early cancellation, the membership must not be within the 10 day processing period. If the membership is in this 10-day period then the processing payment will still be billed and the membership can be cancelled after this payment has cleared. By taking out a membership you are agreeing to these terms and conditions.
- Termination
5.1 Termination due to Default Payments
If any payment due from you remains unpaid for a period of 7 days or longer, The Performance Zone Ltd holds the right to pause your access to the facilities. If this payment remains unpaid for more than 14 days, 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
- Your payment has been outstanding for more than 14 days
- Your treatment of another member or a member of staff falls below the standard of consideration that we reasonably expect
- You participate in any form of dangerous or inappropriate behaviour
- You continuously fail to adhere to the gym rules
- 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.
Our app is created and managed by a third party developer (Virtuagym) and The Performance Zone Ltd will not be held liable for any issues that occur while using the app.
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 7 days of purchase, as long as the session has not been redeemed or booked. After 7 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 havent been used or booked, can be refunded if a written notice is sent to and received by The Performance Zone Ltd within 7 days of purchase. After 7 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 1 hours of the start time. If the cancellation is within 1 hour of the session/s delivery, or the member doesnt cancel all together, the session/s credits will not be refunded and the booking will be lost.
- 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. Please refer to the Personal Training agreement form for relevant terms and conditions.
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 1 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.
- 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.
- 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.
- 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, account details and health condition 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.
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 months notice. You have the right to use our facilities, products and services up until the paid month expires.
– 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 or speaking directly to a manager.
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 wasnt served to its full term.
– A minimum of a months notice will be given for any changes to terms and conditions and/or prices of memberships.
– 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 via email 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 due to misuse of equipment, overexertion or any other issues not caused by negligence of The Performance Zone Ltd.
– 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.
- Limitation of Liability
To the fullest extent permissible by law, The Performance Zone Ltds 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.
- 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 fulfil 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.
- 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.
- 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.
- 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.
- 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.