Service Agreement
OBX Gym Limited, with registered company number 13726055 and registered office at Appledram Barns, Birdham Road, Chichester, PO20 7EQ known as “us”.
1. This agreement is an agreement between you and us
2. This agreement commences once you have indicated your acceptance in the in-club or on-line sign up process or upon booking any personal training services.
3. We provide different tiers of memberships and personal training services relating to boxing (‘services’).
4. Prior to signing up to any Services, you will be asked to complete a questionnaire to gauge your current fitness level, goals and physical status. All information provided will be treated strictly confidential. By signing up to any Service, you warrant that you are at least 18 years old.
5. We reserve the right to decline to provide the Services to you for any reason at our sole discretion and we will refund you any amounts paid by you for Services in advance in accordance with clause.
6. Any participation in the Services is voluntary and you are free to stop participation at any time.
7. You are responsible for your own medical and physical condition and you should seek advice from a medical professional about the suitability of Services prior to making a purchase. Please notify us of any medical or physical condition (including, without limitation, cardiac irregularities, spinal, joint, bone or tissue injuries, dizziness, breathing difficulties, diabetes, allergies, epilepsy etc.) that may inhibit your ability to participate in the Services. Any advice provided by us in providing the Services does not constitute nor is it a substitute for professional medical advice.
8. Please arrive at the agreed start time for any personal training session, group class or catch-up session. If you are more than 10 minutes late to a group class, we reserve the right to refuse your participation (for your own safety) and your space may be given to someone on our waiting class. If this happens, you will forfeit your class and will not be refunded or able to re-book that class. If you are late for a personal training session, we will not be obliged to make up for any lost time.
9. If you did not sign up on the club’s premises to a membership you have 14 full days after signup to cancel this agreement for any reason. To exercise this right you must inform us of this by contacting us in writing by emailing info@obxboxinggym.co.uk. If you exercise this right to cancel we will reimburse you all joining and membership fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service before requesting to cancel then we will reduce your membership fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested.
10. Your membership starts immediately unless otherwise agreed.
11.You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen, subject to your timely payment of the fees and charges set out below and the successful processing of your direct debit instruction.
12. ClubRight provides direct debit payment services to you and administers our agreement with you, in consideration for which you agree to pay all the fees and charges associated with your Membership and set out below to ClubRight.
13. Personal training sessions may be cancelled without charge by giving us at least 24 hours notice. Any less than this will result in you being charged for your session.
14. The Joining Fee / Initial Payment is due and payable immediately on execution of the agreement and is not refundable other than in the event of breach or negligence by us or on the valid exercise of your statutory cancellation rights, as set out in the Principle Terms above.
15.Your obligations to us include payment of the monthly Direct Debit payment amount. You agree to make the minimum number of Direct Debit Payments as indicated by the contract length you are presented and accept during the sign-up process. For example, a “3 month contract” will require 3 x monthly Direct Debit payments. You must make every Direct Debit Payment regardless of non-attendance, except where the Agreement is cancelled in accordance with the cancellation terms below or under your statutory cancellation rights, as set out in the Principle Terms above.
16. If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid, we reserve the right to use any of your payment card details held on our secure system, to attempt to collect the monthly membership fee that should have been collected by Direct Debit, unless we have agreed with you in-writing a prior cancellation of this agreement.
17. You agree to advise us promptly of any change to the Members Details you have provided.
18. If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third-party company for collection and recovery services. In addition to any costs and charges accruing under the terms of this agreement, the reasonable and direct costs incurred in employing the third party company will be borne by you, including costs in tracing you if you have changed your address without telling us.
19. Once you have completed the Minimum No. of Direct Debit Payments we will automatically continue collecting the Direct Debit Payment Amount every month. Your membership will be extended by one month for each payment (“Renewal Period”). This renewal Direct Debit payment amount may only be amended if we advise you in writing giving not less than 30 days notice. Please note if your membership included the benefit of a free period then we will stop making collections during that free period and recommence making collections on the renewal date.
20. You may prevent the Automatic Renewal at any time by giving notice to us by contacting us in writing by emailing . We require 30 days notice of cancellation (you should give us not less than 30 days notice). If you advise us with less than 30 days notice, one more further monthly payment will be taken by us before your cancellation becomes effective.
21. Once you have completed the Minimum Number of Direct Debit payments you can cancel your Automatic Renewal payments by contacting us by email at info@obxboxinggym.co.uk. We require 30 days notice of cancellation, which will take effect the following month.
22. We shall keep confidential any confidential information which you supply in connection with the Services.
23. You acknowledge and agree that we may for the purpose of providing the Services process personal data about you and the employees in your business and you consent to us processing such personal data for any purpose connected with the Services. We will adopt and maintain appropriate security measures for processing data.
24. We will use the personal information you provide to:
• provide the Services;
• process your payment for such Services; and
• if you agreed to join our newsletter list, to inform you about similar services we provide, but you may stop receiving these communications at any time by contacting us or selecting the ‘Unsubscribe’ button at the bottom of emails.
25. We will only give your personal information to third parties where the law either requires or allows it.
26. Freezing your membership: You may freeze your membership for 1-3 months due to injury, illness or other medical condition. If you wish to do this, please contact us in writing by contacting us by email at info@obxboxinggym.co.uk. A freeze period does not affect the Minimum No. of Direct Debit Payments you are due to make and any payments remaining at the time of the freeze will remain due and recommence on a monthly basis once the freeze period has completed.
27. Breach: This agreement can be cancelled immediately by us if you are in breach of this agreement, including the Rules of Membership. Your membership will automatically terminate and no further payments will be due.
28. Our right to terminate: we may decide to terminate your membership for any reason at our discretion upon 30 days’ written notice. Your membership will automatically terminate and no further payments will be due.
29. We cannot accept liability for any damage or loss to your personal property brought to any training session or group class.
30. Nothing in this agreement shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
31. You agree to comply with the Rules of Membership which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided we give you reasonable advance notice of the change.
32. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced. You may transfer your membership to another person provided that such person pay a Joining Fee signs an agreement with us and accepts the balance of any remaining Minimum No. of Direct Debit Payments.
33. We will do our best to resolve any disputes over this agreement. This agreement shall be governed by English law, and you agree that any dispute between us regarding them will be dealt with only by the English court.
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