Terms and Conditions

Updated Terms and Conditions valid from 1 November 2016 for new members and changes valid for existing members from 1 January 2017.

Perthshire Lifestyles Ltd Gym Membership Terms and Conditions

Terms and conditions of your membership and terms and conditions of using our fitness centre.

 

1. Introduction

1.1. Your agreement is with us, Perthshire Lifestyles Limited.

1.2. These terms and conditions form part of your agreement with us. Your agreement with us is made up of your filled-in and signed membership agreement form, these terms and conditions and the terms of club use (as described below at sections 1.4 and 1.5).

1.3. These documents together form a legal agreement between us, so please make sure that you read them carefully and understand them. If you have any questions, please ask a member of our team.

1.4. You, and all visitors, must keep to the rules and regulations which apply (the code of conduct).

1.5. All our memberships are monthly memberships. In these terms and conditions, monthly means every calendar month. A full calendar month starts on the first day of the month and ends at the end of the last day. When we refer to month in these terms and conditions, we mean a full calendar month.

 

2. Starting your agreement

2.1. Your agreement starts from the start date set out on your membership agreement form. When you start, you will need to make the payments set out on the membership agreement. You cannot use the club until you have signed your membership agreement form including the PAR-Q, made the payments set out on the form, and set up your direct debit (if you are paying by direct debit) or automatic card payment.

2.2. You may need to pay an administration fee or a joining fee (or both), which will be set out on your membership agreement form. These fees are known as ‘starter fees’.

2.3. We will work out any proportional monthly fees that may apply and set out any initial fees you have to pay, and the payment method, on your membership agreement form. Any proportional months do not form part of your minimum commitment period.

 

3. Type of membership

3.1. We offer various different types of membership to people aged 12 or over.

3.2. The facilities available to you, the amount you pay and the times when you can use the fitness centre will depend on your membership. The membership you have chosen will be shown on your membership agreement form. You can upgrade your membership at any time and your new monthly fees will be set out in your membership agreement form.

3.3. The types of membership we offer at our fitness centres are as follows.
3.3.1. Standard – this entitles you to use only the standard facilities at our fitness centre during opening hours. This membership can be individual (see section 3.4) or corporate (see section 3.4).

3.3.2. Premier – this entitles you to use only the standard facilities at your club during opening hours. This membership can be individual (see section 3.4), joint (see section 3.4), family (see section 3.4), corporate (see section 3.4) or student (see section 3.4).

3.4. Each of the above memberships will fall into one of the following categories.

3.4.1. An individual membership – the agreement is with you only.

3.4.2. A joint membership – you and another person join together (both aged 16 or over; reside at the same address).

3.4.3. A family membership – up to two adults (both aged 18 or over) and up to two children join together (the qualifying ages for children are up to 15 years old). This membership gives adults the use of the standard facilities during the opening hours, and children the use of restricted facilities during children’s opening hours.

3.4.4. A corporate membership – if the business you work with or for has an agreement with us for corporate memberships.

 

4. Further benefits and upgrades

4.1. All members may upgrade to a wellbeing membership for an extra monthly charge which we add to your monthly membership fee. With a wellbeing membership, you will get the following further benefits and support.

4.1.1. Four sessions with a health mentor to be taken at the club that you join (depending on availability).

4.1.2. Four expert sessions of your and your mentor’s choice, taken together. (Choose from personal training and more services as they are added). These sessions will be spread across your 12-month membership commitment period, with one expert session for every two to three months. You can get more details about the expert sessions from the fitness centre. You must book all expert sessions beforehand. You must give 24 hours’ notice to cancel an expert session. If you fail to cancel within 24 hours or miss any expert session twice, we will count these sessions as having been taken by you as part of your wellbeing membership.

4.2. We also offer some other extra benefits that you can add to your membership at an extra cost. If you choose an extra benefit, we will add any charges for it to your monthly membership fee and you must pay them under your payment option. The fitness centre can give you details of the extra benefits they offer.

 

5. Your membership fees

5.1. The cost of your membership will depend on the type of membership and the membership commitment period you have chosen.
5.2. We will set out all amounts that you need to pay for your membership on your membership agreement form.
5.3. If you are not sure about the fees you are paying please speak to a member of staff.
5.4. During your membership, you must pay your membership fees whether you use our facilities and services or not (unless you have frozen your agreement in line with section 10).

5.5. When your membership ends for any reason and we have taken the final payment from you, you are responsible for cancelling your direct debit. If you do this before your membership has ended, we may not be able to collect any remaining payments you owe and we will contact you about this in line with your membership agreement form.

 

6. Payment options

6.1. For each of the payment options set out below, all the monthly fees could change in line with section 14.

6.2. All our agreements are monthly agreements and the monthly membership fee you pay will depend on the membership you choose, the payment option you choose and the minimum number of full calendar months you commit to be a member for.

6.3. The types of payment options we offer are as follows.
6.3.1. Standard monthly
(a) With this payment option, you commit to being a member, and paying the monthly membership fee, for at least three full calendar months. (b)After those three full calendar months, your membership continues on a monthly basis, but you can cancel it in line with section 11.
6.3.2. Discounted monthly

(a) With this payment option, you commit to being a member, and paying the monthly membership fee, for at least 12 full calendar months. In return for this, you get a discounted monthly membership fee for the 12 full calendar months. At the end of the 12 calendar months, your membership will automatically continue on a discounted monthly membership for a minimum 12 full calendar months.

(b) Under this payment option, during your 12-month commitment period you will not be able to change to a lower level of membership. You will not be able to cancel your membership during this period except for the reasons set out in section 11.

6.3.3. Discounted prepaid monthly

(a) With this payment option, you commit to being a member for 12 full calendar months and to pay all your monthly membership fees upfront when you join or renew. In return you will get a discount on your membership fee and a further discount for paying your monthly membership fees upfront. We will contact you near the end of the 12 calendar months to let you know that your commitment period is coming to an end.

(b) If you want to commit for a further 12 months, you must renew your 12-month commitment period before the 15th day of the month your existing commitment period ends. If you do not renew or change to one of our other payment options, we will assume that you want to cancel your membership and your membership will end at the end of the 12-month commitment period.

(c) If you commit for a further 12 months in exchange for a discount, the monthly membership fee for the next 12 months may have changed. We will tell you this before you commit again.

(d) Under this payment option, during your 12-month commitment period you will not be able to change to a lower level of membership. You will not be able to cancel your membership during this period except for the reasons set out in section 11.

6.4. If you choose a particular payment option and decide to upgrade your membership, you must pay any extra fees which apply (set out in your membership agreement).

 

7. Payment methods

7.1. Unless you have chosen our discounted prepaid payment option, you must pay your monthly membership fee in advance every month by direct debit or automatic card payment. 7.2. You must sign a direct debit form when your membership starts and we will take your payment on the first working day of the month.
7.3. We may accept other payment methods to start, restart, transfer or upgrade your membership, or allow you to make a payment for our discounted prepaid payment option.
7.4. If you have a joint membership, you must pay the two monthly membership fees by one direct debit or automatic card payment.

7.5. If you have a family membership, you must pay all the monthly membership fees from one direct debit or automatic card payment.
7.6. When you tell us about a change to your bank account details, we may ask you to sign a new direct debit form.

 

8. Failing to pay

8.1. This section is about what will happen if you do not pay your monthly membership fee or any other fees you have agreed to pay because: 8.1.1. The account or card details you gave us for the direct debit are wrong;

8.1.2. There is not enough money available in your bank account; or

8.1.3. You have cancelled your bank card or direct debit without giving us notice by the 15th day of any month.

8.2. If the account or card details you gave us for the direct debit were wrong

8.2.1. We will ask you to pay by cash, debit card or credit card and to give us your correct bank or card details. We may appoint a debt-collection agency to collect any payments you owe, and you may have to pay any costs associated with this, including court costs. Or we may choose to take the payment from your credit card or debit card using the credit card or debit card details you have given us.

8.2.2. While you owe us payments you will not be allowed to enter the fitness centre. Once your payments are up to date you will be allowed to use the fitness centre. You will still have to pay all monthly membership fees for the commitment period you signed up to.

8.3. If there is not enough money available in your account

8.3.1. We will ask you to pay by cash, debit card or credit card. If, after the second month we have contacted you, you still owe us the payment, we will cancel your membership from the end of that month or the end of your commitment period.

8.3.2. While you owe us payments you will not be allowed to enter the fitness centre. Once your payments are up to date you will be allowed to use the fitness centre. You will still have to pay all monthly membership fees for the commitment period you signed up to.

8.4. If you have cancelled your direct debit or bank card without giving us notice
8.4.1. We will ask you to pay by cash, debit card or credit card. If you are not within any commitment period you agreed to, we will cancel your membership from the end of that month.

8.4.2. While you owe us payments you will not be allowed to enter the fitness centre. Once your payments are up to date you will be allowed to use the fitness centre. You will still have to pay all monthly membership fees for the commitment period you signed up to.

 

9. Freezing your membership

9.1. You may freeze (suspend) your membership for between one calendar month and 6 calendar months. A membership may not be frozen for more than 6 months in any 12 month period.

9.2. As long as you get our agreement beforehand you may extend the period of any ‘freeze’. Freezing your membership is not the same as cancelling your membership. To cancel your membership you must follow the procedure described in section 10.

9.2.1. Memberships cannot be cancelled while frozen. In order to cancel, the freeze must be ended, and one full calendar month noticed served effective from the 1st of the following month.

9.3. If you want to freeze your membership you must inform us in writing or by filling in a form at your club. We must receive this notice by the 15th day of the month. We will decide whether or not to freeze your membership.

9.4. If we agree to freeze your membership we will do so from the first day of the following month. We cannot freeze it from an earlier date and will not refund monthly fees paid before the membership was frozen.

9.5. When you ask us to freeze your membership you will need to tell us when you plan to return to your club, although your membership can start again before this date if you let your club know. We will automatically start your membership again, and start taking any payments, on the date you tell us you want your membership to start again.

9.6. We will not charge you membership fees while your membership is frozen. If you have chosen our discounted monthly or discounted prepaid payment option, we will extend your membership period by the number of full calendar months your membership has been frozen for. If we increase our prices during the period when your membership is frozen you will have to pay any new prices that apply to your membership type when your membership starts again.

9.7. You will not be allowed to use any of our facilities while your membership is frozen. However, if you have a linked child who has not frozen their membership (see section 20), you will be able to accompany him or her to the club so they can use the facilities in supervised sessions.

9.8. If you have joint or family membership, or a linked child, freezing the membership may result in changes to your payment arrangements (including losing some or all of any discount you may have) for any joint and family members under your membership. We will tell you about any changes when you ask to freeze your membership.

9.9. If you have a wellbeing membership as well as the above, your expert sessions will also be frozen.

 

10. Your right to cancel your membership

10.1. Cancelling your membership during the cooling-off period

10.1.1. After you have joined your club, you may cancel your membership for any reason within 10 days of joining. This is called the cooling-off period. If you choose to cancel within these 10 days, we will give you a full refund of the starter fee and any other fees you have paid.

10.1.2. If you want to cancel your membership within the cooling-off period, you need to write to your fitness centre’s manager or fill in a form. 10.2. Cancelling your membership after the cooling-off period

10.2.1. To cancel your membership you must send your notice in writing to the fitness centre’s manager or fill in a cancellation form. If the fitness centre receives your notice by the first day of the month, your membership will end on the last day of the same month. If the fitness centre receives your notice after the first day of the month, your membership will end on the last day of the following month (this means we will take one more payment before cancelling your membership). For example, if we receive your notice on 10 May, it will take effect from 30 June. If you are within your commitment period we will cancel the membership from the 1st day of the month after the commitment period has finished, as long as it is at least one full calendar month in advance. If you are not sure what your commitment period is, please contact the fitness centre.

10.2.2. If you cancel your membership in writing (by post or e-mail), when we receive your written notice we will send you an acknowledgement letter to confirm the date that your membership will end. If you do not receive this acknowledgement, you must assume that we have not received your cancellation notice. (If you cancel using a cancellation form at your club, we will not send you an acknowledgement letter. However, that form will show the date your membership will end.)

10.3. After the cooling-off period you may cancel your membership within your membership commitment period for the following reasons only. (a) Pregnancy
(b) Serious illness
(c) Serious injury

(d) If you move house more than 10 miles from the fitness centre (e) Redundancy
(f) Your office relocates more than 5 miles from the fitness centre (g) If we change the location

(h) If we close the whole of your club for refurbishment for more than one month at a time

(i) If we significantly reduce the opening hours or facilities at your club, unless this is temporary and we need to for health and safety reasons, for maintenance, or for improvements that will benefit most members. (In this case we will offer other facilities or freeze your membership, as appropriate.)

10.4. If you are not happy with any change in the monthly membership fee that applies to you, you must tell us in writing that you are cancelling your membership because of the increased fee. You will still have to pay any increased fee until your membership ends. However, we will refund you any difference between the old monthly membership fee and the increased monthly membership fee at the end of your membership commitment period.

10.5. As well as the above, you are entitled to cancel your specific membership in the following ways.

10.5.1. Standard monthly – If you have chosen, or changed to, our standard monthly payment option, you can cancel your membership by giving us one full calendar month’s notice in writing, but we will not cancel your membership before your membership commitment period (as shown on your membership agreement form) has ended.

10.5.2. Discounted monthly – If you have chosen, or changed to, our discounted monthly payment option, you must give us one full calendar month’s written notice to cancel your membership at the end of your 12-month commitment period. We must receive this notice at any time before the first day of the last full calendar month of your commitment period. However, you can cancel your membership straight away if you pay for the remaining full calendar months of your commitment period.

10.5.3. Discounted prepaid monthly – If you have chosen, or changed to, our discounted prepaid payment option, we will cancel your membership unless you renew your membership commitment period. If you decide to renew your membership commitment period and you currently pay your discounted prepaid membership by direct debit, your membership will continue for a further 12 full calendar months and we will give you at least 10 working days’ notice that your monthly payments are due for the next 12 months.

10.5.4. A joint membership – If you have chosen or changed to a joint membership, we will automatically cancel your joint membership if the other joint member gives the correct notice to cancel. We will change your membership to an individual premier membership. We will tell you the new monthly membership fees and when you will start paying them. You will not have to complete another three-calendar-month commitment period. If you both want to cancel, follow the process in 11.5.1 to 11.5.3.

10.5.5. A corporate membership – If you have a corporate membership and are no longer eligible for it (for example, because the agreement we have with the business you are associated with or employed by ends, or you are no longer associated with or employed by that business), you may change your membership to our standard or premier membership and you will no longer be entitled to receive the discounted corporate fees. We will tell you when your eligibility ends. You may need to keep your membership and payment option for the rest of the membership commitment period you signed up for. Unless our agreement with the business you work for or with says otherwise, the standard cancellation notice and membership commitment periods set out in these terms and conditions apply.

10.5.6. A family membership – If one family member cancels or changes the membership, or you no longer qualify for this membership, the remaining family members will automatically move to the appropriate type of membership. This may also affect the membership fee for any linked children. If this happens, we will give you written notice. If all members of the family want to cancel, follow the process in 11.5.1 to 11.5.3

10.6. Your right to cancel any extra benefits

10.6.1. If you want to cancel any extra benefit you have chosen (including any wellbeing membership benefits), you must give your club one full calendar month’s notice and they must receive this by the 15th day of the month.

 

11. Refunds

11.1. We will issue any refunds due to you by bank transfer or by cheque to the address you have given us on your membership agreement form.

 

12. Our right to cancel or freeze your membership

12.1. We may cancel your membership by giving you one month’s notice in writing. In these circumstances, we will refund that month’s fee that you have paid, and any fees you have paid for future months.

12.2. We may freeze your membership (we will not charge you monthly membership fees while your membership is frozen) or cancel your membership without giving you notice, if:
12.2.1. You seriously or repeatedly break the conditions of your membership;
12.2.2. You allow another person to use your membership card to get into any of our clubs (unless you have told us that your membership card has been lost or stolen); or
12.2.3. You or your guests use offensive or abusive language, or use violent or offensive behaviour, at any of our clubs, or if your behaviour puts our other members, guests or employees at risk. 12.3. If we cancel your membership under section 13.2:

12.3.1. We will not allow you to join our fitness centre in the future and you will not be allowed to enter any of our premises; and

12.4. If we permanently close the club you joined at, we will, where possible, give you at least one full calendar month’s notice in writing. We will send this to the address you have given us. We will also put a notice on the club’s information board. We will try to offer you a suitable membership at another club. If this is not possible, or you refuse our offer, we will end your membership at the end of the month’s notice and refund any monthly membership fees you have already paid for the remaining commitment period.

12.5. If we receive official notice (for example, from the bank) that you have died, we will immediately cancel your membership and refund any fees you have paid for the remaining membership commitment period.

 

13. Our right to change your membership, these terms and conditions or the terms of club use

13.1. We may, at any time, choose to withdraw a type of membership or a payment option for new members or members who want to change, restart or renew their membership or payment option.

13.2. From time to time we may change our monthly membership fees by any amount we think is reasonable. We will try to only change the fee once a calendar year. However, we cannot guarantee this. We will tell you about any change that will apply to you, and will give you at least one full calendar month’s notice before the change comes into effect, in line with the Direct Debit Guarantee. Please see your payment options for details of how fee changes will affect you.

13.3. We may make reasonable changes to these terms and conditions if the changes are for the benefit of the majority of our members at the club.

13.4. When we make changes that may affect you, we will give you notice of the changes we plan to make. If you are not happy with the changes, you can cancel as explained in section 11 of these terms and conditions. These terms and conditions replace any previous versions.

 

14. Restarting your membership after cancellation

14.1. You may start your membership again at any time. You will need to sign a new membership agreement form and set up a new direct debit with us.
14.2. You may not be able to restart your membership until you have paid any amounts you owe us (if any), and we can refuse to let you restart your membership again. 14.3. You will need to pay an administration fee or joining fee (or both) if you restart your membership more than 3 months after your previous membership ended.

 

15. Events beyond our reasonable control

15.1. If we cannot provide all the services and facilities at your wellbeing centre for 30 days or more in a row, or services and facilities are significantly reduced for 30 days or more in a row, for reasons or events beyond our reasonable control, you or we can cancel your agreement immediately after giving notice in writing. By law, we do not have to pay you compensation in these circumstances. However, we will try, where reasonably possible, to let you use another wellbeing club while yours is closed.

15.2. ‘Reasons or events beyond our reasonable control’ could include, for example, natural disasters, a government’s actions, war, national or regional emergency, acts of terrorism, protests, riot, fire, explosion, flood, an epidemic, strikes or other labour disputes (whether or not they relate to our workforce), delays affecting suppliers or not being able to get suitable materials on time or at all.

 

16. Transferring your agreement

16.1. We may need to transfer (assign) all or part of your agreement to another company. We can do this as long as your rights under the agreement will not be reduced.

 

17. Proof

17.1. We may need you to provide satisfactory proof of:

17.1.1. Your eligibility for any type of membership, either before your membership starts or at any time during your membership;

17.1.2. Your entitlement to cancel or freeze your membership;

17.1.3. Any email you sent to confirm cancellation, or the date you posted your cancellation notice (or both).

17.2. If you cannot provide satisfactory proof, for example you cannot show the date of postage, we will not be able to cancel your membership and your membership may continue.

 

18. Your contact details

18.1. We will send all letters and information to the address and other contact details you have given us on your membership agreement form. You must keep us up to date with any changes to your address or other contact details by filling in an administration form at the fitness centre.

 

19. Children

19.1. You may want to add children to your membership. We refer to this as ‘linking’ them to your membership. All children under the age of 16 who join must be linked to someone over the age of 18. 19.2. There is no access to the fitness centre for children under six months old. Children under 11 years old have free access to our clubs when accompanied by a member who is 18 or over.

19.3. The charges for child memberships are set by the fitness centre and may depend on the age of the child. Children may need to be upgraded to the next age category after their birthday. We will tell you in writing when we plan to upgrade your child to the next age category. In these circumstances, the monthly membership fee may change.

19.4. The times that children are allowed in the fitness centre, or to use the facilities, will depend on the child’s age.

 

20. Guests

20.1. If you are over 18, you can invite guests to the fitness centre. Members will be provided with 4 Free Guest Passes each year. Additional guests will have to pay a fee to be entitled to enter the fitness centre and use the facilities. You can get details of these fees at the fitness centre. Your guests must sign in at the club’s reception and fill in an exercise questionnaire at the start of each visit. Your guests may not be able to use the facilities without written confirmation from their doctor if any concerns about exercise arise from the questionnaire.

20.2. You must make sure that your guests keep to these terms and conditions (where these apply) and the terms of use.

20.3. We can refuse to let a guest into any of our clubs and we may ask a guest for ID before they can enter a club.

20.4. Your guest does not need to be with you to visit the club (unless we say otherwise) as long as they have a current and valid guest invitation card.

20.5. We may restrict guests to a maximum of 12 visits per year. Members are not permitted at any time to use free guest passes to access the fitness centre if your membership ends or is cancelled.

 

21. Membership cards

21.1. We will give you, and anyone linked to your membership, a membership card.

21.2. You must bring your membership card with you each time you visit. If you forget your membership card, we may ask to see a second form of ID before we allow you to enter the fitness centre. We may delay your access to the centre to give us enough time to record your visit.

21.3. If you have lost your membership card, you will need to buy a replacement membership card.

 

22. Queries

22.1. If you have any queries about these terms and conditions, payments or specific details to do with the facilities, please speak to a team member at the fitness centre first.

 

23. Liability

23.1. When we carry out any health assessments and exercise questionnaires we may identify possible problems with you taking part in exercise and recommend that you get medical advice. We are not responsible if you ignore our recommendations and continue to exercise at the fitness centre.

23.2. By law, we do not have to pay you compensation for any service, facility or equipment not being available for health and safety reasons or if it is for the benefit of our members.

23.3. By law, we do not have to pay you compensation for loss or damage you may suffer unless we have failed to carry out our duties under these terms and conditions to a reasonable standard or we break any duties we have by law.

23.4. We will not pay you compensation if we have failed to carry out our duties due to:

23.4.1. Your own fault;

23.4.2. The fault of someone else who is not directly connected with providing our services under these terms and conditions; or

23.4.3. Events which we could not have known about beforehand even if we had taken all reasonable care.

23.5. We can make changes to the type of facilities we provide, and we will give you 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.

23.6. You must make sure that you can do the exercise provided by any exercise programme you follow or any class you go to.
23.7. You should consult your doctor before you start any exercise programme or class you go to.
23.8. You should consult your doctor before you start any exercise programme or class if you are not sure whether it is suitable.
23.9. We cannot accept liability for loss or damage to you or your guest’s property in the fitness centre or the car park unless that loss or damage was caused by our negligence.

23.10. Our liability to pay you compensation for loss or damage (other than for death or personal injury) is limited to a reasonable amount, taking account of factors such as whether the damage

was due to our negligence.

23.11. Despite these terms and conditions, we will be liable for death, personal injury or fraud where we are at fault.

 

24. Data protection

24.1. We will record any personal information you give us in line with the current data-protection laws.

24.2. 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 or treatment. By joining one of our membership options, you are giving us permission to share relevant clinical information that relates to your health goals between members of our staff.

24.3. 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 and choices for how you want to receive marketing materials up to date.

24.4. You can see our full privacy statement on our website at www.perthshirelifestyles.com. This includes information on how we protect your information, who we are allowed to give it to and how toaskforacopyofit.

 

25. Choice of law

25.1. Your membership with us is governed by the laws of Scotland.