1.   Name

The name of the club is FitFor (“the Club”).

2.   Objects

The objects of the Club are to provide exercise regimes which are individually designed and supervised by qualified physiotherapists or other appropriately qualified exercise professionals for Club members (other than day members) and to run Pilates classes (together “the Facilities”) at the Proprietor’s premises in East Dulwich. 

3.   Proprietor

The Club is a proprietary club, the proprietor being ESPH Healthcare Limited  of (registered address)  81 Bellegrove Road, Welling, Kent DA16 3PG (“the Proprietor”) which is responsible for the provision of the Facilities.

4.   Management

The general management and affairs of the Club in all matters is under the entire control of and is conducted by the Proprietor.

5.   Membership

5.1.           Any person over the age of 18 years of age may apply for any class of membership which application the Proprietor may approve or refuse at its absolute discretion. A member means  an applicant for membership who has been accepted by the Proprietor as a member of the Club in any of the categories of membership referred to in these Rules

5.2.           Members may apply for membership on behalf of their child over the age of 14 and under the age of 18 (at the time of application)

5.3.           Candidates for each class of membership must complete:

5.3.1.             Any relevant application or intake form to the Proprietor in the form prescribed by the Proprietor.

5.3.2.             Credit card payment details within the member’s profile

5.3.3.             Full telephone number, email and home address and other relevant contact details

5.4.           There shall be the following categories of membership:

5.4.1.             Gym membership;

5.4.1.1.                 Rolling contract

5.4.1.2.                 12 months contract

5.4.1.3.                 Weekly membership

Membership under one category of membership does not preclude a member applying for membership under another category.  These rules apply equally to all categories of members. 

5.5.           As a condition of being accepted as a member, each candidate will:

5.5.1.             provide full complete and honest answers to the Proprietor’s questionnaire relating to his or her medical condition and history and go through a physical assessment with a personal trainer working for the Proprietor unless the Proprietor waives this condition where a questionnaire and a physical assessment have been completed to the satisfaction of the Proprietor within the immediately preceding period of six-months;

5.5.2.             disclose any physical disabilities or medical conditions including details of any medication, whether under prescription or otherwise, taken by the applicant; and

5.5.3.             discuss his or her objectives in terms of his or her physical condition and fitness.

5.6.           Each category of membership shall have the following rights and privileges subject to the provisions of these Rules (“Rules”):

5.6.1.             Gym membership will entitle a member to use all of the facilities of the gym at any time when the Club is open and to join exercise classes as specified within the terms of or as limited by the member’s membership contract

5.7.           A member shall be entitled to use the changing room facilities including showers and WCs designated by the Proprietor for use by members of his or her gender.

5.8.           a member shall keep the Proprietor fully informed of any physical disabilities, injuries or medical conditions at all times during his membership of the Club including details of any medication whether under prescription or otherwise being taken by that member and shall go through a physical assessment by a qualified physiotherapist working for the proprietor at least once in every period of twelve months.

5.9.           In relation to any children using the gym or coming to Pilates or any exercise classes each member who is a parent shall:

5.9.1.             ensure that his or her child complies with Clauses 5.4 and 5.7 as if that child were a member;

5.9.2.             ensure that his or her child complies with the Rules and accepts and agrees to the application of the Rules to his or her child as if that child were a member ;

5.9.3.             use his or her reasonable endeavours to ensure that his or her child uses the gym only as prescribed in the exercise routine devised by the Club for that child pursuant to a physical assessment of that child by a qualified personal trainer or physiotherapist working for the Proprietor or where attending a Pilates or any other exercise class as directed by a Pilates instructor or the instructor in charge of that class;

5.9.4.             does not permit that child to use the gym or join a Pilates or any other exercise class when the parent in question is not on the Club’s premises;

5.9.5.             use his or her best efforts to ensure that his or her child does not cause annoyance to the other members and complies with the requests of the Proprietor and its staff relating to the use of the Facilities

5.10.         The Proprietor shall have the right to require a member to remove that member’s child from the Club’s premises at any time at its discretion.  

6.   Register

The Proprietor will keep a register of members containing the names and addresses of all members other than Day Members.

7.   Admission

7.1.           Membership of the Club does not entitle a member to admission to any classes which are full as designated by the Proprietor or in the case of the gym where the gym has 80 people or more in it.

7.2.           Admission is subject to such terms and conditions of payment or otherwise as the Proprietor determines from time to time.

7.3.           The Proprietor is entitled to refuse a member entry to the Club premises or any part of it where the Proprietor believes that a member is intoxicated or is otherwise unfit to use the Facilities or for any other reason whatsoever.

8.   Subscriptions

8.1.           The annual subscriptions (“membership fees”) for each category of membership are the sums that the Proprietor determines from time to time are payable but any increases in membership fees for any of the categories of membership shall not occur more than once in any period of 12 calendar months, unless otherwise advised by the Proprietor and;

8.2.           Any increase in membership fees shall be applied to each relevant membership on the date as specified by the Proprietor, and by giving written notice to the members of no less than 14 days

8.3.           The Proprietor may give such discounts in membership fees to private members or to corporate or other members who have applied for membership as multiple applicants through a co-introducer, as the Proprietor deems fit

8.4.           The Proprietor will provide a tariff of current membership fee rates on its website if requested but no more frequently than once in each period of six months.

8.4.1.             Membership fees are payable in advance upon a member’s application (start date) for membership being accepted by the Proprietor

8.4.2.             Where an applicant or a member pays membership fees monthly, the minimum contract term shall be 2 (two) months, each monthly instalment shall be the membership fee for the relevant category of membership.  The applicant shall pay the first month’s fees upon commencement (start date) of the membership, thereafter by credit or debit card (or any other form of payment accepted by the Proprietor) in favour of the Proprietor to pay his or her membership fees monthly starting on the second month of his or her membership, on the day in each month which corresponds with the date of his acceptance by the Proprietor as a member.

9.   Termination of membership   

9.1.           The Proprietor may terminate the membership of a member of the Club:

9.1.1.             if his subscription or any agreed instalment of it is not paid within 7 days of it becoming due;

9.1.2.             forthwith if the conduct of a member is in the opinion of the Proprietor incompatible with the best interests of the Club or its members or in the opinion of the Proprietor renders him unfit or unsuitable for membership.

9.2.            

9.2.1.             A member is bound to pay any membership fees falling due within the term of the contract period. A member may NOT terminate the membership during the contract duration except for the following reasons (and only when written proof is supplied by an appropriate 3rd party):

9.2.1.1.                 Pregnancy

9.2.1.2.                 Continuous unemployment for a period greater than 3 months

9.2.1.3.                 Chronic illness or injury that renders the member unable to reasonably use their membership

9.2.2.             Following the end of the designated membership period a member may give notice of termination of his or her membership of the Club by giving the Proprietor not less than 1 month’s written notice of such termination to expire.

9.2.3.             Termination of his/her membership by a member shall not affect his/her obligation to pay any unpaid membership fee or part membership fee subject to the provisions of Clause 9.3.

9.2.4.             Upon agreed cancellation the member shall be solely responsible for cancelling any standing orders and shall not be entitled to any reimbursements for failure to do so.

9.2.5.             Where any membership is terminated by the member and the termination occurs before the end of the contract period for which membership fees are due to be paid by the member, the member shall be liable for the fees for the full period of the contract term, less the required notice period (if applicable) and shall not be entitled to any reimbursement for the fees so paid and attributable to that period.

10.  Rules

The Proprietor may from time to time revoke, vary, add to or alter the rules of the Club and alter the categories of membership. The Proprietor is the sole authority for interpreting the rules and for settling all disputes relating to the affairs of the Club and the conduct of the members and will post any such alterations on its website.

11.  Data Protection

11.1.        The Proprietor agrees to comply with its obligations under the Data Protection Act 1998 or any act amending or replacing it.

11.2.        By signing the form of application for membership, an applicant consents to the Proprietor keeping the data provided in the application together with the information contained in the replies given to the Proprietor’s questionnaire and the information derived from any physical assessment of the applicant carried out by the Proprietor, for the period of the applicant’s membership of the Club or if membership is refused for a period of 12 months from the date of refusal.

11.3.        Subject to a member notifying the Proprietor to the contrary, the Proprietor may use information provided by a member for the purpose of providing a member with details of products and services which in the opinion of the Proprietor may be of interest to the member, either by post by telephone or by e-mail.

11.4.        The member shall have the right at any time to notify the Proprietor that he wishes the Proprietor to cease using the member’s personal information for the marketing purposes referred to above and the Proprietor will comply with any request to cease processing personal information for these purposes.

12.   Limitation of liability

12.1.        This rule sets out the Proprietor’s entire financial liability to any member or members (including any liability for the act or omissions of designated members, employees, agents and sub-contractors) in respect of any breach of the Proprietor’s obligations or any representation, statement or tortuous act or omissions (including negligence) arising under or in connection with these rules.

12.2.        All warranties conditions and other terms implied by statute or common law relating to the Proprietor are to the fullest extent permitted by law excluded from these rules  but nothing in these rules excludes liability for death or personal injury resulting from negligence of the Proprietor  members of the Proprietor or its employees or subcontractors.

12.3.        The Proprietor shall not be liable for any loss or damage to any property of any member. Property stored in any lockers provided by the Proprietor at the Club is stored at the risk of a member.  

13.  Dissolution

13.1.        The Club may be dissolved by the Proprietor at any time and the provisions of Clause 9 of these Rules (relating to the reimbursement of fees which have been overpaid) shall apply as if the membership of a member had been terminated.

14.  House Rules

14.1.        Members shall not take any food or drink (other than unflavoured water) out of the café area and shall in no circumstances take any food or hot drinks of any kind into the gym, treatment area or into any exercise studio.

14.2.        Members using the gym shall replace free weights after use and leave the gym and the equipment in a clean and tidy condition after use.

14.3.        Members shall use the equipment in the gym and the Pilates equipment studio in the manner directed by the Proprietor and shall be careful not to cause any damage to any of such equipment.

14.4.        Members shall vacate the gym and the Pilates exercise studio at least 30 minutes before the time advertised by the Proprietor on its website as being closing time of the Club.

14.5.        Members shall wear clothing specifically designed and intended to be worn in a gym when using a gym or attending any classes and a decision of the Proprietor in respect of whether such clothing is suitable should be final and binding on a member.  In particular, members will not wear denim or other clothing containing studs or which may otherwise cause damage to any equipment and will only wear footwear which will not mark the floors of the gym and the Pilates exercise studio.

14.6.        Members will not wear soiled outdoor shoes within the gym

14.7.        Members who have changed their clothing before using the gym or before joining any classes shall leave those clothes and shoes in the changing rooms provided and shall not bring any bags or other containers to the gym, the Pilates studio or into any classes.

14.8.        Members shall empty any lockers in the changing rooms used by them before leaving the Club and understand and accept that the Proprietor will empty all lockers every night and will dispose of the contents of the lockers.

14.9.        Members shall not bring alcoholic drinks of any kind on to the premises and shall not consume alcohol on the Premises.

14.10.      Members shall maintain good personal hygiene on the Premises.

14.11.      Members shall not smoke on the Premises.

14.12.      Members shall not shave or cut their toe nails in the showers.

14.13.      Members shall not use mobile phones on the Premises and all mobile phones shall be on silent mode while members are on the Premises. 

14.14.      The Proprietor opening hours of the Club will be posted on the website but the Proprietor reserves the right to alter these hours from time to time.

14.15.      Members may bring guests but only as applicable as per the guest pass terms of the relevant membership.  A member will not bring more than two guests to the Club per day.

14.16.      Any guests or other visitors shall not be entitled to more than one class or gym access in any period of 12 months.

14.17.      The Proprietor shall at its discretion be entitled to refuse access to the Club to any guest or visitor.

14.18.      Members shall behave in a manner which is in the opinion of the Proprietor appropriate and in the best interests of the Club and no arguments between members shall be conducted on the Premises.

15.  No assignment

 A membership is personal to each member and shall not be transferred or assigned to anybody else.

16.  Membership cards

16.1.        Membership cards, bands or RFID chip systems issued to members must be carried by members each time that they come to the Club.

16.2.        Members must not lend their membership cards, bands or RFID chip systems to anyone else or allow anyone else to use such items.

16.3.        Membership cards, bands or RFID chip systems shall remain the property of the Proprietor. A fee of £10 is payable for a replacement card, band or RFID chip system.

17.  Law and Jurisdiction

These Rules are governed by English law and the Proprietor and the members of the Club shall submit to the non-exclusive jurisdiction of the Courts of England and Wales.

18.  Interpretation

In these Rules:

18.1.        references to the masculine include the feminine where appropriate, the singular to the plural; and

18.2.        the headings are for ease of reference only and are not to be taken into account in their interpretation.