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Terms & Conditions

The Total Fitness Centre Membership Agreement:

1. General terms

1.1 In these Terms and conditions the following definitions apply:

1.1.1 “Total Fitness” and “Company” means Total Fitness Health Clubs Ltd or such successor in

1.1.2 “Member” means the person(s) named on both the Membership Agreement and
Membership Card and such person’s guest when attending the Club or using the Facilities

1.1.3 “Membership” means membership of the Clubs in accordance with the terms of the

1.1.4 “Agreement” means the agreement between Total Fitness and the Member the terms of
which are set out on the Membership Agreement and these Terms and Conditions

1.1.5 ”Club(s)” means all premises operated by Total Fitness as health and fitness clubs in the
United Kingdom

1.1.6 ”Facilities” means all exercise and treatment facilities and equipment available at each Club
(including dry and wet areas) which may vary from Club to Club

1.1.7 “Membership Period” means the first 12 months and any subsequent period thereafter as
set out in Clause 2. A 12 monthly period Renewing on an Annual basis is set out in Clause 2.

1.1.8 “Membership Fees” means the annual or monthly fees due from the Member in
consideration for membership of the Clubs

1.1.9 “Wet Areas” means any swimming pool, sauna, sanarium, steam room, hydrotherapy pool,
shower room or area

1.1.10 “Club Rules” means the rules and regulations which apply to the operation of the Club and
the conduct of the Members displayed in each Club and which may be varied from time to

1.1.11 “Member Administration” means Membership Administration, Wilmslow Way, Handforth,
Wilmslow, Cheshire SK9 3PE

1.2 Membership is subject to the provisions of the Agreement as may be amended from time to
time on reasonable notice.

1.3 All terms and conditions of the Agreement shall apply to all persons named on the
Membership Agreement (and any guests as if such persons were members themselves)

1.4 Membership shall entitle the Member to use the Facilities at any Club as set out in clause

1.5 Submission of a completed Membership Agreement to Total Fitness is an offer to become a
member of Total Fitness subject to the terms and conditions of this Agreement. Membership
will only become effective upon signature of the Membership Agreement by a
representative of Total Fitness or issue of a receipt in respect of the initial payment. Total
Fitness reserves the right to refuse or reject any membership.

1.6 A Member is entitled to use all the Facilities (for which additional payment may be due for
certain facilities, courses or treatments) for the Membership Period provided that the
Member is not in arrears in respect of any monies due to Total Fitness or in breach of any of
the provisions of the Agreement.

1.7 Subject to these Terms and Conditions all options for Membership are available to anyone
aged 18 years and over. Individuals aged between 15 and 17 years may apply for
Membership subject to producing written parental consent and any additional requirements
which Total Fitness may reasonably ask for from time to time.

1.8 Upon acceptance by Total Fitness of any Membership a Membership Card will be issued
entitling a Member to all the rights and privileges exercisable according to the type of

1.9 In order to gain access to any Total Fitness club a Member must show the Membership Card
at reception. A charge may apply for any replacement card.

1.10 The Membership Card may only be used by the Member and not loaned to anyone else.
Breach of this condition may result in termination of the Membership.

1.11 A Member is required at all times to adhere to the Club Rules. The Club Rules are available
upon request and/or can be downloaded from the Total Fitness Website at Any changes to the Club Rules will be available following such
changes being made.

2. Term

2.1 The Agreement will be for a term of not less than 12 months from the date of the
Membership Agreement, if paying by monthly instalments you will be required to make a
minimum of 12 Full Direct Debits

2.2 The Membership Fees shall be fixed for the first 12 instalments but may be changed by Total
Fitness at any time thereafter on not less than one month’s written notice to the Member at
which time the Member may serve notice in accordance with clause 8 during which time the
old membership fees shall apply. At the end of the first 12 months membership will
automatically renew on the same terms and conditions prevailing at that time. By renewing
you are committing for a further 12 month period and a cancellation and or refund will not
be permitted unless Total Fitness are in breach of the Terms and Conditions.

3. Types of Membership

3.1 The different types of Membership are set out on the front page of the Membership
Agreement. Total Fitness may withdraw vary or introduce new Membership options from
time to time. For information:-

3.1.1 Standard membership (2 payment options) Pre-paid at the start of the Agreement and become due for renewal at the end of the twelve
months. Paid by instalments, the payments will be by way of equal monthly instalments by Direct
Debit. Payment is made by Direct Debit in accordance with the Direct Debit guarantee and
must not be cancelled during the first 12 monthly instalments or thereafter until the
Agreement comes to an end. Membership paid by monthly instalments may be higher than
the annual equivalent due to a charge for the provision of credit.

3.1.3 Family membership

The adult members in a family membership are required to become individual members in
the event of either adult terminating their Membership and the remaining partner shall pay
the individual Membership Fee rather than the family rate.

3.1.4 Junior membership

Restrictions apply for younger members as set out in the Junior Member Rules available at
reception or from the Total Fitness website.

3.1.5 Discounted memberships

Appropriate proof will be required from any Member for the purpose of establishing
eligibility for a discounted Membership. Should evidence of eligibility not be provided within
4 weeks from the date of joining Total Fitness may upgrade to the headline rate prevailing at
that time.
Eligibility for discounted membership may be reviewed upon renewal or at any time during
the Membership Period. Any necessary subscription amendments will be made upon giving
no less than 10 working days’ written notice.

3.1.6 Change of membership

A Member can upgrade or downgrade a Membership at any time upon payment of the
appropriate Membership Fees and supporting proof. A new 12 month agreement and must
be signed.

3.2 Details of opening hours of the Clubs are available at each Club or from the Total Fitness
website. Total Fitness reserves the right to change the Clubs’ opening times at its reasonable
discretion upon giving such reasonable notice as possible in the circumstances, such notice
to be displayed in each Club.

4. Membership fees and other charges

4.1 Details of the type of Membership and Membership Fees as at the date of joining are
provided on the Membership Agreement and set out in clause 3 above.

4.2 Upon becoming a Member, the Member will pay the applicable Membership Fees as set out
on the Membership Agreement, which may include a fee for a membership card and joining
fee or admin fee, (which cover reasonable administration and/or product costs of Total
Fitness and may be non-refundable).

4.3 Payments by instalment are due regardless of the usage of the facilities. In the event of any
failure to meet any payments due, entrance to the Club and the use of the Facilities will be
suspended until payment is made. Failure to bring the account up to date within four weeks
may result in the remaining balance of your initial agreement being passed to a third party
to pursue the debt. If payments reject on more than one occasion Total Fitness has the right
to charge an additional administration fee.

4.4 Total Fitness may, in compliance with the Data Protection Acts, disclose personal details
contained in the Membership Agreement to any credit reference agency or third party
instructed to recover any arrears under this Agreement.

4.5 A member’s chosen club must be their “primary club of use”. Primary club means the club
the member uses most frequently. We reserve the right to change fees accordingly should a
member’s site of use change. As set out in clause 1.4.

4.6 Upon joining a member may choose to pay either Annual pre-paid membership or by
monthly instalments in advance as per terms 3.1.1 and 3.1.2. Any members who choose to
pay by monthly instalment will incur an additional charge for the provision of credit.

4.7 Upon your renewal date each year you will have the right to choose either payment method
in term 4.9. By choosing to renew annually you are committing to membership for a further
12 months and membership cannot be cancelled.

5. Limitation of liability

5.1 The Member hereby agrees that the Member and any guest(s) covered by this Membership
Agreement shall use the Facilities entirely at their own risk except where any loss, personal
injury or damage to their own property is sustained due to any negligent act or omission or breach of statutory duty on the part of Total Fitness or any employee or third party acting on its behalf.

5.2 Total Fitness does not accept responsibility for any harm or injury to any Member whilst
using the Wet Areas unless arising out of any negligent act or omission or breach of
statutory duty of Total Fitness, its employees or any third party acting on its behalf.
Total Fitness will compensate you for any loss or damage you may suffer if we fail to carry out our obligations under this agreement or to a reasonable standard or breach any duties imposed on us by law (including if we cause the death or personal injury to you by our negligence) unless that failure is attributable to:

(I) your own fault
(II) a third party unconnected with our provision of services under this agreement; or
(III) events which neither we nor our suppliers could have foreseen or forestalled even if we
had taken all reasonable care’.

5.3 All items of property must be removed from lockers which are emptied each night. Any
items left overnight will be stored for up to 5 weeks and then treated as abandoned and
disposed of.

5.4 Total Fitness is not responsible for the loss of personal items or damage to personal
property, either on the club’s premises or in the club parking areas unless caused by the
negligent act or omission or breach of statutory duty of Total Fitness, its employees or any
third party acting on its behalf.

5.5 It shall be the responsibility of the Member and/or the parents or guardians of children
under 15 years of age to supervise their children whilst on Club premises. Admission times
for children are stated within the Junior Rules. Total Fitness shall in all circumstances give
the Member as much notice as possible of any changes to the stated times.

6. Conduct

6.1 Any Member must use the Facilities in accordance with the advice provided by any
representative of Total Fitness and/or notices displayed. A Member must not abuse the
Facilities and the Member will be responsible for any wilful damage or damage caused by
negligent use.

6.2 The Member and all persons covered by this Membership Agreement are required to
behave in a reasonable and courteous manner so as not to be offensive or cause disturbance
to the quiet enjoyment of the Clubs by other Members and/or their guests.

6.3 Membership may be terminated by Total Fitness for violation of the Club Rules or for
conduct reasonably deemed by Total Fitness to be detrimental to the welfare, good order or
character of the Clubs and its Members. Total Fitness reserve the right to retain a proportion
of any fees paid by the Member relating to use of the Club prior to termination and any
reasonable costs incurred as a result of termination.

6.4 Appeals against any termination of the Membership Agreement must be submitted in
writing within 14 days of the termination of the agreement addressed to Customer Services
at the Club Address. Any appeal will be dealt with as quickly as possible but in all cases
within 28 days of receipt of the letter of appeal.

7. Cancellation and Freezing of membership

7.1 Membership is a commitment to remain a Member for a 12 month period, whether paying
by monthly direct debit or annually in advance as per Term 2.1 and 1.17.

7.2 Members may request to freeze their Membership from a minimum of one month to a
maximum of three months per membership year. A fee of £5 per month shall be applied to
any freeze granted. Any months frozen will be added to the end of the current membership
term. Notice must be given in writing to the central administration department at Head
Office or by completing the relevant paperwork in your local club before the 21st of the
previous month.

7.3 If the Member wishes to bring the Agreement to an end either at the end of the initial 12
months or at any time thereafter once the first 12 months has passed the Member must give
no less than one full calendar month’s written notice to be sent to the Member
Administration team at [email protected] or by completing a cancellation
request form at your local club. No other form of communication will be accepted. Calendar
month means from the 1st to the last day of that month for example if notice is received 5th
June your full calendar month will be July and membership would be cancelled on the 31st
July. The notice shall be acknowledged within 21 days. In the event the Member does not
receive acknowledgement of the notice within 21 days of the date of such notice, the
Member should contact Membership Administration. Total Fitness will consider any request
to cancel within agreement upon receipt of supporting documentation and a cancellation
fee deemed reasonable.

7.4 If joining Online you have the right to cancel this agreement within 14 days without giving
any reason. To exercise the right to cancel please refer to term 7.3.

7.5 Any request is taken from the date we receive notice. We strongly advise when giving notice
by post you send by recorded delivery. Total Fitness will not be held responsible for any
correspondence not received.

8. Miscellaneous

8.1 Smoking within all Clubs and its premises is strictly prohibited.

8.2 Written notices that are required to be given under this Agreement by Total Fitness will be
sent by second class post to the address stated on the Membership Agreement (or such
other address which you will notify in writing from time to time). All such notices will be
deemed to have been received by the Member three days after posting. All other notices
required to be given by Total Fitness will be placed in a prominent position within the Clubs.

8.3 Membership of Total Fitness allows access and use of the Facilities only. Other facilities
available at any Club (such as juice bars and crèche facilities) are provided by third parties
who provide such services under their own trading terms, times and tariffs and any issues or
claims arising out of the use of such facilities should be addressed to the relevant provider.

8.4 Total Fitness reserves the right to alter, change, add to, reduce or cease various Facilities and
to utilise the Facilities for special events, private parties, seminars, tournaments or other
activities it may deem desirable upon giving such reasonable notice as possible in the
circumstances. Compensation will not be given for such closures and the Member may as
permitted under the Agreement use the Facilities of another Club during such period.

8.5 Total Fitness may, on a temporary basis, withdraw use of part of the Facilities at a Club due
to the failure of services or for the purpose of undertaking necessary maintenance or repair
work or for the replacement of Facilities. Any work will be completed as quickly as
practicable. Compensation will not be given for such closures and the Member may as
permitted under the Agreement use the Facilities of another Club during such period.

8.6 In the event of major reconstruction of any Club premises, every effort will be made by Total
Fitness to ensure any inconvenience is kept to a minimum and that the Facilities are
available for use whenever possible. Membership will not, in such circumstances, be
suspended and the Member may as permitted under the Agreement use the Facilities of
another Club during such period.

8.7 Through circumstances beyond the reasonable control of Total Fitness, it may not be
possible to provide the same Facilities at all Clubs.

8.8 The member is responsible to inform Total Fitness of any changes to their personal details
including; address, contact phone number or email address.