Terms & Conditions – Updated 25th July 2020
**small specifications added August 3rd, not changing your rights
By signing up to a membership or class pack you agree to the terms set out in this document.
- Company Trading Information: P10 Fitness, Unit 8 Farrell Court, Elephant Road, SE17 1LB
- Telephone: +44 7862.759.851
- E-mail: [email protected]
- Membership Agreement: Your Membership Agreement as appended to these Conditions.
- Contract: Your Membership Agreement and these Terms and Conditions.
- Membership Fees: The charges payable for your category of membership as set out in your Contract Term.
- Contract Term: The minimum duration of the agreement.
- Gym Etiquette: The behaviour standards required in our gym. These are on display within gym areas.
- Services: The Contract entitlement for usage of our facilities.
- We/us/our: EC Fitness Ltd
- Trading as: P10 Fitness
- Customer: You
- Working Days: Monday through Sunday, inclusive
- APPLICATION OF CONDITIONS AND OUR OBLIGATIONS
2.1 These Conditions, which should be read before signing up to any of the memberships that we provide. This will not change your statutory rights.
2.2 P10 Fitness reserves the right to change minor points on the Contract. This will not change your statutory rights.
2.3 We shall use reasonable endeavours to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.
2.4 Time, location or equipment shall not be of the essence for our performance of the Services under the Contract.
- COMMENCEMENT, CONTRACT TERM AND CONTINUOUS MEMBERSHIP
The Contract shall commence on the date of purchase and shall continue in force for the Contract Term.
- MEMBERSHIP & CLASS PACKS
4.1 For both contract membership and month-to-month memberships, payments will be charged automatically each month on the same calendar day, starting on the date of purchase until cancelled.
4.2 3-Months Memberships will run for 3 months during which time it cannot be cancelled. At the end of the contract period, the membership renews automatically for another 3 months period unless cancelled. Cancellation requires 1 months notice in writing to [email protected] The member is responsible for his/her own cancellation.
4.3 6-Months Memberships (monthly subscription and upfront paid) will run for 6 months during which time it cannot be cancelled. At the end of the contract period, the membership renews automatically for another 6 months period unless cancelled. Cancellation requires 1 months notice in writing to [email protected] The member is responsible for his/her own cancellation.
4.4 Class packs will be charged at purchase and will be valid for a limited amount of time as advertised in the membership description (2 weeks for 3 class trial, 2 months for 10 classes, 3 months for 25 classes and 6 months for 50 classes).
4.5 Your payment details will be securely stored in our system for the duration of the membership.
4.6 You may elect to upgrade your membership emailing [email protected]
4.7 You are unable to transfer your membership to another person.
4.8 You are unable to downgrade your membership during the Contract Term, unless it is deemed necessary by an Owner in accordance with 7.4.
- MEMBERSHIP ENTITLEMENTS
5.1 As a member of P10 Fitness you are entitled to attend the number of weekly/monthly class sessions outlined in the membership. These class sessions cannot be carried over to following weeks/months, and sessions not used within the week/month are lost.
5.2 Memberships and Class-Packs are non-transferable and for personal use only (they cannot be shared between more people).
5.3 If you choose to cancel your membership and then decide to re-join, you may be asked to pay the increased membership price.
5.4 Any membership price increase will be notified with a minimum of a month notice. P10 Fitness will strive to keep the original prices, but increases may be deemed necessary to align with raising inflation or improvement works.
- TERMINATION OF MEMBERSHIP CONTRACT BY P10 FITNESS
6.1 Without prejudice to any other rights or remedies which the parties may have, we may terminate the Contract immediately on giving notice to you:
(i) If you fail to pay any amount due under the Contract on the due date for payment and such sum remains in default not less than 28 days after you being notified in writing to make such payment.
(ii) If you commit a material breach of the Contract, Gym Etiquette and Conduct as referred to in Clause 10.
(iii) For any other reason that we consider in our absolute discretion warrants termination of the Contract.
There are no refunds for membership fees for breach of contract, and P10 Fitness will not prorate a cancelled membership.
- TERMINATION OF THE MEMBERSHIP CONTRACT BY THE CUSTOMER
7.1 Members may cancel memberships by notifying P10 Fitness of their wish to cancel by email ([email protected]).
7.2 Month to month memberships may be cancelled with a full month notice to prevent billing for additional months during which time you shall be able to continue to use the Services. There are no refunds for paid membership fees, and no refunds will be issued for partial months.
7.3 Members on a contract membership that break contract during their term will be liable to pay for the full period of the contract.
7.4 You may cancel your paid-monthly membership during the Contract Term, by giving one month’s notice via e-mail, if one or more of the following criterion is met and independent appropriate supporting documentation has been supplied:
(i) You have lost your job due to redundancy, Contract termination or are suffering from severe financial hardship.
(ii) You are moving more than 10 miles away from P10 Fitness facility.
Under the discretion of P10 Fitness, it may also be possible to cancel the membership due to medical reasons for debilitating medical conditions only, upon presentation of a medical certificate.
7.5 Pre-paid 6-months memberships are non-refundable.
7.6 You have a period of 7 working days from the date of purchase in which to cancel your membership (Seven Day Right of Rescission). This right to cancel will cease once you use the Gym or any online services/resources provided by P10 Fitness, or the period of 7 working days has elapsed, whichever is earlier. **You will be refunded the paid amount minus any transaction and admin fee occurred by the business in processing your payment.
- MEMBERSHIP HOLD POLICY
8.1 Members on a 3-months or 6-months membership may put their membership on hold, in one week increments, for up to 28 days a year (4 weeks).
8.2 Notice of hold must be given to P10 Fitness at least 1 weeks before the billing date by using the dedicated form on the website: www.p10.fitness/membership-hold
8.3 During the ‘Hold’ period, billing will continue as normal. Members will be credited with ‘Free’ week/s at the end of the contract period.
- REFURBISHMENT AND REPAIR
9.1 You acknowledge that it may be necessary for us to close parts of, or the whole gym from time to time to carry out refurbishments or repairs and that this may disrupt our provision of the Services and agree that any such disruption shall not constitute a material breach of the Contract.
9.2 P10 Fitness will endeavour to ensure that no material changes are made to your agreement. However, in the event material changes are made you will be notified.
- BOX (GYM) ETIQUETTE AND CONDUCT
10.1 You agree to be bound by and observe the Gym Etiquette within your Gym and acknowledge that we may amend this at any time and at our discretion.
10.2 You will not under any circumstances abuse the facility or equipment at the Gym or P10 Fitness employees or any other member or you will pay for any damage to our property.
10.3 P10 Fitness is committed to the health, safety, and welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behaviour. P10 Fitness has the right to judge behaviour and respond accordingly. This right includes, but is not limited to, termination of membership of any member engaging in unacceptable behaviour.
10.4 Not all rules and regulations are listed in this agreement. P10 Fitness reserves the rights to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by P10 Fitness.
10.5 When a member brings a guest/family member into the Box Gym, the member will be fully liable and responsible for the actions and behaviour of that guest/family member.
- LIMITATION OF LIABILITY YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
11.1 This condition sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and Subcontractors) to you in respect of (i) Any breach of the Contract. (ii) Any use made of the Services. (iii) Any representation statement or tortuous act or omission (including negligence) arising under or in connection with the Contract.
11.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
11.3 We shall not be liable for any Services offered by any third parties including Personal Trainers who are self-employed.
11.4 Nothing in these Conditions limits or excludes our liability: (i) For death or personal injury resulting from negligence. (ii) For any damage or liability you incur as a result of fraud or fraudulent misrepresentation.
11.5 Subject to the other provisions of this clause, we shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
11.6 Subject to the other provisions of this clause, our total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract, shall be limited to the charges that you have paid to us in the 12 month period preceding the date of the act or omission query giving rise to the claim.
11.7 Every occasion the Gym is used, P10 Fitness, its employees, agents and subcontractors will not be liable for any loss, damage or theft of any property brought onto any of our premises either secured or not secured in a locker.
11.8 The above limitations do not exclude the right of the member to recover any appropriate loss under the law having regard to the Unfair Contract terms Act 1977 and/or the Unfair Contract terms in Consumer Contracts Regulations 1999 or other relevant consumer legislation or at common law.
- GOVERNMENT MANDATED CLOSURES
12.1 Government mandated business closure will not constitute valid reason for contract termination. The terms and Conditions above will still apply.
12.2 In case of further government mandated closures, members will have the option of pausing their membership by paying an admin fee (**£10) during closed months, however, their contract term will resume at reopening.
12.3 Depending on government guidelines and restrictions, temporary adjustments to membership fees might be put in place at the discretion of P10 Fitness according to services offered.