Terms

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Last reviewed: 19/APR/2021

These following terms & conditions refer to the QFit Gym CIC and all services and facilities offered. For updates in relation to the current COVID situation please see section 11

Definitions

Where stated as ‘we‘, ‘us‘ or ‘our‘ will identify as the QFit Gym. Reference to ‘you‘, ‘your‘ will identify you as as an individual member

Casual or non-contracted members refer to any membership with a monthly rolling membership.

Contracted members are those who has signed up to a fixed payment / period such as direct debit or a recurring card transaction.

1. WHO WE ARE

The QFit Gym CIC is an independent social enterprise, registered in England (no 12157358), our registered address is The John Willie Sams Centre, Market St, Dudley, Newcastle upon Tyne, NE23 7HS.

If you wish to contact us, please use our contact form online here

2. MEMBERSHIPS

Please also see section 11 below in relation to special COVID amendments

2.1 Non-contract memberships have a rolling one month agreement

2.2 Contracted memberships carry a minum 4 month initial period

2.3 Membership fees are paid in advance

2.4 It is your responsibility to ensure you have an active membership to use our facility or services

2.5 Our membership swipe card system will alert you up to 7 days in advance of your renewal when you enter our facility

2.6 Where you sign up for a Direct Debit, you will commence a fixed term contract of a minimum 4 month period

2.7 You will be required to sign in / register at the start of each session

2.8 You agree as a member to conduct yourself in a manner which does not cause disruption, harm or a potential hazard to you, other users or staff

2.9 We reserve the right to cancel a membership and/or suspend any person who is deemed to be in breach of these terms and conditions.

3. COMPLAINTS

All complaints will be dealt with in strict confidence and in a timely manner

3.1 Please report concerns verbally to a member of staff as soon as possible, if you feel unable to do so, or do not get satisfaction, please use our online contact form

3.2 We will acknowledge your communication within 48hrs

3.3 Written complaints must be submitted within 7 days on any incident.

3.4 You must include full contact details, these however will not be made public or shared with third parties without consent.

3.5 We will endeavour to respond to your complaint within 14 days of receipt

3.6 We are a not-for-profit community interest company and all complaints will be dealt with by two or more independent members of the committee.

3.7 Please be aware that we have a lawful obligation where any complaint raises concern involving any criminal, sexual or safeguarding concerns, that we inform the relevant authorities in all cases.

3.8 All enquiries and/or complaints about Direct Debits must go to Ashbourne Services

4. LIABILITY

4.1 You are responsible for the correct and safe usage of all our facilities and equipment.

4.2 You are responsible for ensuring we hold an up to date physical activity questionnaire and have accurate records of your contact details for emergencies

4.3 We are not responsible to you for the following types of loss or damage:

  • (a) of a kind that is not reasonably foreseeable;
  • (b) which results from you misusing the Branch and its equipment; or
  • (c) from any events which are beyond our reasonable control.

However, nothing in this Contract is intended to limit or exclude our liability for death or personal injury caused by negligence or the negligence of our employees, fraud or fraudulent misrepresentation, or otherwise where we are not permitted to limit or exclude our liability by English law.

4.4 We will not accept any liability for any loss, damage, or accident to you or your property which occur in any public area of the facility, such as walkways, corridors, toilets or changing rooms. Public areas are managed and owned by our landlord, North Tyneside Council.

5. HEALTH

5.1 You agree to access our facilities in good faith and represent that you are in good health and are not knowingly incapable of engaging in either active or passive exercise.

5.2 By attendance and/or use, you warrant that such exercise or involvement would not be detrimental to your health, safety, comfort, well-being or physical condition.

5.3 Should ill health dictate you are unable attend for a period of 21 days or more, you must inform us in writing stating your circumstances. We reserve the right to suspend a membership or session booking as a credit until you return

6. PRICING

6.1 We reserve the right to review our prices based upon business requirements.

6.2 Where any fee increase is applied, we shall provide a minimum 21 days notice through our on-site notice boards, web and media channels where practical.

6.3 Where you are on a fixed contract or direct debit, you will receive a minimum 45 days notice prior to any increase

6.4 You will have no redress should any promotions be offered to new customers

6.5 Where you cancel a fixed membership, or decide not to renew a rolling membership, you must wait a minimum 30 days before re-joining

7. PHOTOGRAPHY

7.1 We may wish to take photographs of activities and class participation for marketing purposes, where we do so, we shall offer all participants the opportunity to step aside whilst this takes place

7.2 No person under the age of 16 shall be photographed without explicit parental consent

7.3 All imagery used for marketing is copyright to The QFit Gym and no reimbursement or payment shall be made or owned to the customer.

8. YOUR RIGHT TO CANCEL

8.1 To cancel a Direct Debit you must contact Ashbourne Services in the first instance

8.2 Contract members may cancel at anytime after any initial fixed term 4 month period

8.3 Direct Debit members must provide a minimum 21 days notice to cancel, if you have a recurring membership paid by card, you may cancel up to 24hours prior to your renewal date

8.3 Non-contract memberships expire up to 31 days after purchas, no action is required

9. REFUNDS & CREDITS

9.1 We shall provide a full refund to you where you have purchased in person at our facility and you have requested the refund within 7 days of purchase, OR 14 days if purchased online

9.2 You must request the refund in writing via email or by using our online form

9.3 We reserve the right to deny any refund, in full or pro-rata, where you have used our facility or services from the date of purchase

10. SERVICES AND CLASSES

10.1 Unless stated otherwise, you must pre-book to attend our facility or access any of our services

10.2 Where you have booked, but fail to notify us, or attend, you will forfeit that session

10.3 Where you fail to notify us about non attendance, we reserve the right to restrict or control future bookings by you without recompense

10.4 Where we cancel a session or service, you will have the right to reschedule that service for free (subject to availability)

Appendix: COVID RESTRICTIONS

The following amendments to our terms and conditions are required to ensure we comply with Public Health England, the UK Government and any local restrictions imposed upon us.

Review date: 17 March 2021

11.1 These amendments are applied only where we are forced to close the facility for a period of 30 consecutive days or more

11.2 Where you have a non-contract rolling membership, this shall be suspended on the condition your renewal date is not less than 7 (seven) days from the date of closure

11.3 Where you have a contract membership and pay via direct debit, a seperate email shall be sent to you from Ashbourne Services on our behalf advising you of your options

11.4 Where you have a contract membership and pay via a recurring card payment, you may cancel your renewal at anytime up to and including the day prior to your renewal date

11.5 Where a non-contract membership has been suspended (see 11.2) no refunds shall be offered, however you will be entitled to a period of credit based up one of the following options;

  • Option 1 Renewal due 7-13days from closure = 8 days credit
  • Option 2 Renewal due 14-27days from closure = 14 days credit
  • Option 3 Renewal due 28+ days from closure date = 30 days + credit

11.6 Where you are required to self-isolate, we can not offer to freeze your membership or payments whilst the facility remains open

11.7 Where we have a staff member(s) who is forced to self-isolate and therefore has an impact on our staffing requirements, we reserve the right to review our opening hours at very short notice and we accept no liability or offer credits where the facility remains open.

11.8 We are not permitted to disclose the identity of any individual who may have tested positive

11.9 We shall not contact you unless told to do so by NHS Track and Trace. Your contact details will be made available to T&T should they request it.

Important: Any customer who is then subsequently asked to isolate must do so.