TERMS
CANCELATION NOTICE. If I wish to cancel this Agreement, I may do so by emailing written notice to highlander247fitness@gmail.com . The notice must say that I do not wish to be bound by the Agreement and must be delivered before midnight 30-days from the Agreement date. The access card MUST BE RETURNED. If access card is not returned within the 30-day cancelation request, the cancelation request will be voided, and I will be charged for that month. A new request will have to be submitted.
MEMBER OBLIGATIONS. This Agreement is a legally binding obligation for which I am financially responsible. If I have a prepaid membership, I acknowledge that the fee paid is not refundable under any circumstances. If I have a term membership, my membership will automatically renew after the term ends and I will continue to be billed according to my regular billing schedule unless I provide notice of cancellation. A term membership has an early cancellation fee. I agree not to conduct any kind of commercial or business activity in the Gym and will not act as a personal trainer for anyone within the Gym. I understand I am responsible for updating my address and contact information.
CANCELLATION. After my right to cancel period noted earlier (if any), I may cancel my membership by giving notice by filling out a cancellation form, available at the Gym or online. The notice will be effective on the last day of the month which is at least 30 days from the date of my notice, and I will be required to pay all fees up until that date and any outstanding fees for other services already supplied to me, regardless of whether or not I use the Gym after the date of my notice. If collection or legal services are needed to collect any unpaid amount, I am responsible for all costs of collection, including solicitor’s fees of Gym Owner and/or Licensor. If I die or become totally or permanently disabled, upon reasonable written notice to the Gym with proof of the death or disability, either I or my estate may cancel this Agreement and receive a prorated refund of the unused portion of membership fees incurred.
FACILITIES AND SERVICES. The Gym reserves the right at any time to delete, discontinue, repair or replace the facility equipment without any effect on this Agreement. The Gym may be closed for up to two weeks each year for maintenance purposes.
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PERSONAL TRAINING TERMS AND CONDITIONS 1. Personal training sessions that are not rescheduled or canceled 24 hours in advance will result in forfeiture of the session and a loss of the financial investment at the rate of one session. 2. Clients arriving late will receive the remaining scheduled session time, unless other arrangements have been previously made with the trainer. 3. The expiration policy requires completion of all personal training sessions within 120 days from the date of the contract. Personal training sessions are void after this time period. 4. No personal training refunds will be issued for any reason, including but not limited to relocation, illness, and unused sessions.
PRICES. From time to time, and not more than once per year, the Gym Owner may need to increase the price of my membership fees. The Gym will give at least 30 days’ notice of any incoming price increase and will make it very clear when the price increase will take effect and how much my membership will cost after the increase. During this period, I will have my usual right to terminate my membership in accordance with the membership terms and conditions. If I do not terminate the membership by the date given to me in the notice, then the price of my membership will be increased in accordance with the notice provided.
MINIMUM AGE. All membership holders of the Gym must be a minimum 14 years of age. All minors under the age of 18 are restricted to access during staffed hours only, and a parent or legal guardian must sign the membership agreement. Minimum age accepted may vary (but is never below the minimum age of 14) and is at the discretion of the Gym owner.
NO STEROIDS. I understand that the Gym bans the use of steroids and I agree not to use, sell or exchange steroids on the Gym’s premises.
LIMITATION OF LIABILITY. I agree that, except for any legal responsibility that Gym Owner or Licensor cannot exclude in law (such as for death or personal injury), Gym Owner and Licensor are not legally responsible for any: (i) losses that (a) were not foreseeable to me and them when the contract was formed or (b) were not caused by any breach on the part of Gym Owner or Licensor; (ii) business losses; or (iii) losses to non-consumers.
ACCESS CARD. I understand that only authorized members or guests may access the Gym and I am not permitted to share my access card with anyone else. Access cards are not returnable and non-refundable. The access card has been issued to enable me to securely access the Gym in accordance with the terms of my membership. If I lose or misplace the card, I need to contact the Gym to remove the card immediately. If I require a replacement card, I understand I will be charged for the replacement card at the then-current rate.
MISCELLANEOUS. This is the whole Agreement between the parties with respect to the Membership Terms and Conditions and supersedes any prior understandings or agreements of the parties whether written or oral, express or implied. With the exception of pricing changes from time-to-time as noted above, this Agreement may not be amended or modified except in a writing signed by both parties.
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PAYMENT AUTHORISATION. For purposes of this payment authorization, the term "I" refers to the new member whose name appears above as the primary account holder and whose signature appears below. "You" refers to the financial institution where I hold an account. I authorize you to pay membership fees on my behalf to Gym Owner (or its designee) in the amount of the membership plan I have selected (inclusive of VAT at 20%). These payments will continue until I submit a written notice of cancellation of my membership to the Gym as instructed in this agreement. I agree I am bound by the membership payment terms and unpaid account balance due upon cancellation. I agree that you will be fully protected in honoring these direct debits and that your treatment of them and rights in respect to them are the same as if personally signed by me. I understand that if I terminate the agreement or stop the automatic membership payment arrangement in a manner not described in the agreement, I may be liable to the Gym Owner for damages for breach of contract. There will be a $25 decline/reactivation fee, added to current months bill. All members will be charged a 3.5% convenience fee per transaction.
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GYM USAGE TERMS & CONDITIONS
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PHYSICAL CONDITION AND NO MEDICAL ADVICE. I confirm that I am in good physical condition and have no medical reason or impairment that would prevent me from my intended use of Highlander 24/7 Fitness facilities. I understand and acknowledge that the Gym Owner will not and cannot provide me with any medical advice. If I have any health or medical concerns now or after I join, I will discuss them with my doctor before using the facilities.
GUEST REQUIREMENTS. I understand I may be expected to show proper identification when I enter the facility.
RULES AND REGULATIONS. I agree to follow any Gym rules posted at the Gym or communicated by Gym staff. Licensor or the Gym may, in its sole discretion, modify its rules or policies without notice at any time.
DAMAGED, LOST OR STOLEN PROPERTY. I understand that the Gym Owner is not responsible for any of my personal property that is damaged, lost or stolen while in or around Highlander 24/7 Fitness location. I understand and agree that I am liable for all damage I cause to the equipment or physical infrastructure of the Gym facility and will reimburse the Gym Owner for any damage I cause.
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LIABILITY FOR PROPERTY. The Gym Owner is not liable to me for any personal property that is damaged, lost or stolen while on or around Gym premises including, but not limited to, a vehicle or its contents or any property left in a locker. If I cause any damage to the Gym, I am liable to the Gym Owner for the cost of repair or replacement.
VIDEO NOTICE. I may not take unauthorized photos or videos anywhere in the Gym. I understand that the Gym uses unmonitored video surveillance and access card usage is logged, which both may be retained by the Gym for future use. By acknowledging electronically, I affirm, understand and agree to the Guest Gym Usage Terms and Conditions, Payment Authorization, Membership Terms & Conditions and Privacy Policy found at www.highlander247fitness.com