Terms & Conditions
TOTAL FITNESS TERMS AND CONDITIONS
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 title
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 Agreement
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 time
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 4.5.
1.5 Submission of a completed Membership Agreement, whether in person or online via our online joining platform, to Total Fitness is an offer to become a member of Total Fitness subject to the terms and conditions of this Agreement. 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 Membership.
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 www.totalfitness.co.uk. Any changes to the Club Rules will be available following such changes being made.
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 online via our online joining platform; under the Select Your Membership Plan section. Total Fitness may withdraw vary or introduce new Membership options from time to time. For information:-
3.1.1 Standard membership (2 payment options)
188.8.131.52 Pre-paid at the start of the Agreement and become due for renewal at the end of the twelve months.
184.108.40.206 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.
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 Club Rules available at reception or in your Members Area.
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 online via our online joining platform; under the Select Your Membership Plan section 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.
4.7 Upon your renewal date each year you will have the right to choose either payment method in term 4.6. 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.
6.1 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 15th 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 cooling off period 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.
8.1 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.
9. Use of your personal information
9.1 Please see our Privacy and Cookies Policy for information about how we use the information you share with us.
9.2 We may use your personal information in accordance with our Privacy and Cookies Policy. That may include sharing your personal information with selected third parties that we ask to, for example:
9.2.1 process payments for us, including, for example, membership fees; and
9.2.2 where any payments have not been paid on time, take such steps as are necessary to arrange for such payment to be made.
Where we extend credit to you, we may also pass your personal information to credit reference agencies and they may keep a record of any search that they do.