Last reviewed: 30/NOV/2021
These following terms & conditions refer to the QFit Gym CIC and all services and facilities offered.
Please be aware that a membership is not dependent upon your availability to attend. If you are unable to attend because you are unwell, required to self-isolate or have work commitments etc you have no form of redress for compensation, refunds or a right to request we pause your membership.
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
2.0 Non-contract memberships have a rolling one month agreement
2.1 Contracted direct debit memberships carry a minum 4 month initial period
2.2 Recurring memberships have an ongoing agreement until cancelled by you
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.
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
4.1 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.
5.1 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
6.1 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 45 days notice through our facility notice boards, website and media channels where practical.
6.3 You will have no redress should any promotions be offered to attract new customers
6.4 Where you cancel a fixed membership, or decide not to renew a rolling membership, you must wait a minimum 30 days before re-joining
7.1 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 The 14 Day Pass / One month agreement
8.11 Once activated (attended a session) there are no refunds available
8.12 The only exception is where you have purchased a 14 day pass or month gym membership and have not used it.
8.13 To request a refund you must do so within 7 days of purchase
8.14 There are no refunds once 8 days or more have elapsed.
8.2 Direct Debit / Recurring Card Payments
8.21 To cancel a Direct Debit you must contact Ashbourne Services in the first instance to ensure you stop a payment request.
8.22 All Direct Debits will commence with a MINIMUM 4 MONTH AGREEMENT, you may not cancel or request a refund during your initial membership period.
8.23 To cancel a Direct Debit, you must provide a minimum 21 days notice prior to your renewal payment date in writing (email/letter)
8.24 Any recurring renewal payments by credit or debit card may be cancelled up to 24hrs prior to the renewal date, to do this you must cancel with your bank direct or through online banking / bank app. If you cancel a recurring card payment, please contact us by email to confirm
9. REFUNDS & CREDITS
We shall provide a full refund to you within 7 days of purchase where you have requested this in writing by email to us and on condition you have not used the membership for any services.
Where you have set up a Direct debit, you have a 24 hour cooling off period to request a refund of your initial payment, after this period you are committed to the minimum 4month term payments. No pro-rata refunds are offeredonce a payment has been processed.
9.1 Our 3 month membership
Once activated, or from day 8 no refunds are offered during the first 60 days. We may only offer a pro-rata refund for month three where the request has come within the first 30 days of membership.
9.2 The Annual Membership
Once activated, or from day 8 no refunds are offered during the first 120 days. We shall only offer a pro-rata refund for any remaining full calendar months from month five on the condition a written cancellation notice is received.
We reserve the right to with-hold a transactional fee when processing any refund payment where you have used our facility or services from the date of purchase
9.4 Class discount cards
There are no refunds or credits allowed to any Class discount / Referral Card. All cards are valid for up to a maximum of 3 months from the date of purchase, or until the last credit is used, whichever is sooner!
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
Should The QFit Gym be required to comply with Public Health England and UK Government guidelines and subsequent operating restrictions or access limitations, the following amendments shall be enforced and will over-ride standard terms and conditions.
Reviewed: 30 November 2021
11.1 Should access to the facility, or gym be restricted to the extent that access to the public is denied, The QFit Gym will freeze all memberships that have 21 days or more credit. This will apply from the first date of closure.
11.2 No membership shall be paused or frozen for more than 2 months (60 days)
11.3 Where customers have a 14 day pass, you shall only be offered a credit to the value of any remaining operating days. This will apply from the date of closure.
11.4 Where any membership has been paused/suspended, no cash refunds shall be offered under any circumstances
11.5 Customers paying via Direct Debit shall be notified accordingly by Ashbourne Services regarding your options, where a payment has been, or is due to be processed within 10 days of the date of closure this can not be stopped. No refdunds or credits shall be offered.
11.6 Any credits remaining on class discount cards shall be honoured
11.7 Where a customer / member is required to self-isolate, you have no redress for a credit, refund or paused membership whilst the facility remains open
11.8 Where we have a staff member(s) who is forced to self-isolate and this 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 or refunds where the facility remains open even with resricted operating hours.
11.9 We are not permitted to disclose the identity of any individual who may have tested positive
We ask all customers who displays symptoms, or has been asked to self isolate (unless excempt) shall not enter this facility