TERMS AND CONDITIONS
1. GENERAL TERMS
All Bodywise Gym and Studios Ltd members (“Members”) and visitors visiting our premises and facilities (the “Club”) must be a paying member, or paid guest, a signed in visitor or have a signed contract/agreement to use the premises for business purposes and are required to comply with these Terms and Conditions (the “Terms”). These Terms are also incorporated into Member’s contract and App.
Failure to comply with these Terms may result in Members being denied access to the premises or, in some circumstances, non-compliance may result in the termination of membership.
Bodywise Gym and Studios reserves the right to amend these Terms and Conditions as necessary and will give reasonable notice of the same.
2. WHY YOU SHOULD READ THESE TERMS
Please read these terms carefully before you submit your application to us. These terms, together with the requirements set out in our Club Rules (which we may change from time to time) tell you who we are, how we will supply services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please get in touch with us.
3. INFORMATION ABOUT US AND HOW TO CONTACT US
We are Bodywise Gym and Studios Limited, trading as Bodywise Boutique Wellness, a company registered in England. Our company registration number is 9151617 and our registered office is 16 Church Street, Warnham, Horsham, RH12 3QW.
You can contact us by calling 01403 271698 or by emailing email@example.com.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your application.
4. OUR CONTRACT WITH YOU
Our acceptance of your application will take place when we email you to accept it, at which point a contract will come into existence between you and us and your Club membership will commence (the “Commencement Date”). We reserve the right to reject any application at our sole discretion.
Any discounted membership options (for example, student memberships) are available on the basis that the member can provide proof of eligibility as required by us. The full fee for the relevant membership type may be applied until such proof is provided.
5. OUR SERVICES
Services may vary slightly from their pictures. Any images of the Club on our website are for illustrative purposes only and it is recommended that you visit the Club prior to making an application.
We may change the services to reflect changes in relevant laws and regulatory requirements. We may also make changes to the Club Rules from time to time.
Your membership will continue until it is terminated or expires in accordance with these terms.
We are not responsible for delays outside our control. If our supply of the services is delayed or prevented by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of any delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
We require certain information from you so that we can supply the services to you. If you do not give us this information as part of your application, or if you give us incomplete or incorrect information, we may end the contract. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need.
We may have to suspend the supply of services to:
deal with technical problems, emergency building repairs; or
update our services to reflect changes in relevant laws and regulatory requirements.
If we suspend the supply of services, we will contact you in advance to tell you we will be suspending the supply of the services, unless the problem is urgent or an emergency.
We may suspend the supply of the services and your membership if you do not pay.
6. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your membership, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the membership and anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. YOUR RIGHTS TO END THE CONTRACT
Your rights when you end the contract will depend on how we are performing. You have a legal right to end the contract because of something we have done wrong:
we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
there is a risk that supply of the services may be significantly delayed because of events outside our control;
we have suspended supply of the services for technical reasons for a period of more than two weeks.
The contract will end immediately and we will refund you for any services which have not been supplied.
If you have just changed your mind about the services. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions. We may deduct from any refund an amount for the supply of the services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of you informing us you have changed your mind.
In order to use the Club an active Membership is required unless visiting as a paid guest. Membership shall be in accordance with a Membership Plan.
9. MEMBERSHIP TERMINATION
All Annual Memberships are for an initial period of a minimum of 12 months and will then continue indefinitely until one full calendar month’s notice is emailed to firstname.lastname@example.org.
The Member may cancel the membership by giving one complete calendar month's written notice to terminate the membership, and such notice may be given at any time after the end of the eleventh month from the date of commencement of Annual Membership but shall only be effective from the first day of the following month.
All Flexible Membership contracts have a minimum commitment of 3 months. The Member may cancel the membership by giving one complete calendar month's written notice to terminate the membership, and such notice may be given at any time after the end of the second month from the date of commencement of Flexible Membership.
To end the contract with us, please email email@example.com, the cancellation request requires approval with 30 days notice for any monthly membership plan.
Where the payment method is by Direct Debit, you must advise your bank to cancel the Direct Debit instruction after the final payment has been made. It is your responsibility to ensure enough notice is provided to the bank/building society to prevent the next payment. We are not obliged to refund any fees where you have not cancelled the instruction and cannot provide proof of a valid cancellation request. All fees must be paid to date at the time of cancellation.
10. OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for services at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 2 working days of us reminding you that payment is due; or
you breach these terms or the Club Rules, either repeatedly or because of one serious breach;
your use of the Club puts the health, safety or well-being of staff or other Club members or guests at risk; or
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to supply the services from time to time.
11. PRICE AND PAYMENT
The price of the services (which includes VAT) will be the price indicated on the application pages when you made your application. We take all reasonable care to ensure that the price of the services advised to you is correct.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
We may change your membership fees from time to time. We will give you 30 days’ notice of any change, and the date from which the change will apply, by writing to the email we have on our records. If you do not want to accept an increase in your fees, you may end your membership as set out in paragraph 9. If you do end your membership for this reason, you must continue to pay your membership fees (at the rate which applies immediately before any proposed increase) until the end of the notice period which applies. If you do not end your membership under paragraph 9, you will have to pay the new membership fees from the date when the change applies. We will change your direct debit payments to reflect this.
Details regarding payment matters will vary depending upon the type of membership you are applying for. Any joining fee (if one is payable) and first month's membership fees are collected from you by us either by Debit / Credit card at time of purchase, or by Direct Debit approximately 5 working days from your membership application date.
Joining fees are applied to cover the initial administration costs associated with setting up a new membership and direct debit agreement and entitle you to an induction session.
Your second Direct Debit will be collected one month after you joined. Subsequent Direct Debits for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.
If you think you have been wrongly charged, please contact us promptly to let us know.
You must pay an administration fee for any payments which are not honoured. If any Direct Debit is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £10. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, either suspend or terminate your membership, upon having given you written notice of our intention to do so.
You must pay an administration fee where a debt collection agency is instructed. We reserve the right to levy an administration fee of £35 if we forward details of your account to a third party debt collection agency in the event of non-payment of fees when due.
You may need to pay a new joining fee when your membership lapses. Any lapses in membership, including but not limited to non-payment of fees or failure to renew a Fixed Annual Membership, may result in a new joining fee being payable.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill[, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the services.
We are not liable for business losses. The services are not intended for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
You are responsible for informing us of changes to your personal information. Should you wish to update your personal information, this must be requested using the registered email address which you have provided in your Application.
14. GIFT CARDS
Gift Cards may be available. Gift Cards for a select number of memberships are available to purchase in person or through the www.bodywise.co.uk website. All Terms and Conditions relating to Gift Cards are between us, the buyer and the redeemer only.
Each Gift Card can only be redeemed once and must be redeemed within 12 months of purchase. To redeem, please head to www.bodywise.co.uk and Book a Tour, or redeem in the Club.
Gift Cards are not exchangeable for a cash value, non-transferable and cannot be used in conjunction with any other coupons, offers or discounts.
15. FREEZING YOUR MEMBERSHIP
You may apply for your membership to be frozen or unfrozen by completing a request via the firstname.lastname@example.org email.
The freeze period is one full calendar month, commencing on the 1st day of the month. You must request the freeze by the 20th day of the month prior to the requested freeze start date. For example, if you wish to freeze your freeze to commence on 1st May, you must complete the freeze request by 20th April.
Freeze periods will not count towards a Member's contractual term, and will extend any applicable Fixed Annual membership term by one month. Membership may not be frozen during the notice period of cancellation.
Freezing for reasons of illness, injury or pregnancy will be reviewed and freeze period may be extended for the duration of the absence. Valid medical documentation must be attached to the request for this to be considered.
You will not be able to access the Club during any frozen period, either via your existing membership or through a One-off Day membership. If you wish to use the Club during the freeze you must unfreeze your Membership and pay a pro rata if wishing to use the Club during the frozen period. In order to unfreeze a Membership, a pro rata fee will be charged for the remainder of the current month.
Your membership can be on freeze for a maximum of 1 month after which your membership will automatically be un-frozen and your usual payments will resume automatically.
16. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. If you are unable to use the Club for the remainder of any term, you may apply to transfer the remaining membership to someone else who is not already a Club member. Subject to both you and the transferee attending the Club and completing any paperwork which we require, we may (at our sole discretion) agree to transfer of the membership. We may apply a transfer fee in respect of any such transfer.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to supply the services, we can still require you to make the payment at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.