1. THE GYM
1.1 The Centre is managed by the Directors of Real Strength Gym. Registered address: Real Strength Gym, Forestside, Rowlands Castle, PO9 6EG.
2. ACCEPTANCE OF MEMBERSHIP OR PASS
2.1 The decision to accept the application of a potential member/guest shall be at the sole discretion of the Gym. The Gym reserves the right to verify, or require proof of all information given in order to obtain membership/pass and any fraudulent or wrongful information given in order to obtain such membership/pass could result in the cancellation of all membership/pass rights and lead to the payment of all monies due to the Gym. If the membership application is accepted by the Gym, membership of the Gym by the applicant shall commence as stated on the agreement. Upon acceptance of the member/guest by the Gym they will receive a QR code which is only for their use to check-in on arrival at the gym.
2.2 The acceptance of an application for membership/pass of the Gym shall constitute a legally binding agreement between the member/guest and the Gym. The Gym reserves the right to transfer the agreement, all or any part of its rights and responsibilities under this agreement to another organisation or bring the membership/pass agreement to an end. The member/guest hereby agrees also to be bound by the Gym Rules stated in section 9, a copy of which can be provided by asking at Reception.
2.3 QR codes are issued to all current member/guests and must be used at the Reception to gain member/guestship rights every time a visit is made to the Gym. QR codes may only be used by the registered member/guest and any fraudulent use of the QR code by the member/guest will result in cancellation of the membership/pass with no refund being made by the Gym..
3. LIMITATION OF LIABILITY
3.1 The member/guest acknowledges that the Gym’s obligations and liabilities in respect of the Gym are defined in this agreement and/ or within the Regulations Applicable to All Users.
3.2 The member/guest is responsible for the consequences of any misuse of any of the facilities of the Gym. The Gym will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract, or otherwise.
4. PHYSICAL HEALTH OF MEMBER OR GUEST
4.1 The member/guest warrants and also represents that he/she/they is in good health and is not knowingly incapable of engaging in either active or passive exercise. The member/guest further warrants that such exercise would not be detrimental to their health, safety, comfort, well-being or physical condition, the member/guest acknowledges and has read and agrees with the Health Agreement they will complete via ParQ.
4.2 An induction is available free as part of the membership for all new members, the member/guest has the choice to opt out of the induction at their own risk. In the event the member/guest does not organise and attend an induction with the gym, this will be deemed to be their confirmation that they have opted out of having an induction and are fully confident about using the equipment safely and as the manufacturer designed the equipment for. In the event that a member/guest opts out of an induction they agree that they have done so following reading and agreeing to the following Induction Waiver:
Induction Waiver: It is formally noted that you have opted out of induction training and will undertake to consult staff on an ongoing basis in manned hours in relation to the safe use of our facilities and equipment and that you accept responsibility for your own wellbeing during unmanned hours. This gym recognises the importance of every new member/guest undergoing our induction training. This is carefully designed to ensure that the individual is made aware of the facilities and equipment on offer and in particular is given advice in the safe use of our facilities and equipment. It is hereby noted that notwithstanding our clear advice, you are a confident and experienced gym user and have made an informed decision not to undertake induction training. In these circumstances the gym will allow you to use the facilities, provided that you seek advice from a member of staff if you are in any way unfamiliar with a particular piece of equipment or type of exercise.
5. MEMBERSHIP
5.1 There are two categories of membership, monthly direct debit and annual membership.
Monthly direct debit: entitles the member to full use of Real Strength Gym within opening hours. This membership will take the direct debit payment of £40 on the 1st of every month. You are contracted to a 3 month minimum period of membership before the membership enters into a rolling contract. The monthly membership also requires a sign up fee of £20. Membership & joining fee must be paid before using the gym.
Annual: entitles the member to full use of Real Strength Gym. Members in this category pay a one off upfront payment of £420. Membership must be paid for before using the gym.
All categories of membership shall be subject to these Terms and Conditions of membership which are in force at the time.
Promotional Rates: from time to time the Gym may offer a promotional rate, the promotional rate will run as per the promotion terms and conditions at the time of the promotional offer was made.
5.2 Day Passes: are charged at £10 per person and only to be used on the day purchased, not over a 24 hour period. The guest is also to make the member of staff aware if they feel they need an induction. If they do not they are using the equipment at their own risk.
5.3 Week Pass: are charged at £25 per person and only to be used for 7 days from the date purchased. This pass is for one person only and the guest is to check in at reception upon entering the gym. The pass will expire after 7 days and renewal will be needed if they wish to continue. The guest is also to make the member of staff aware if they feel they need an induction. If they do not they are using the equipment at their own risk.
6. MEMBERSHIP CHARGES, PAYMENT OPTIONS & TERMINATION OF MEMBERSHIP
6.1 All members/guests are liable to pay all annual or monthly membership and pass fees irrespective of actual usage of the Gym facilities.
6.2 The Gym reserves the right to increase membership fees on a yearly basis. If paying by Direct Debit, the contract is for a minimum of 3 months (the period). Following the first period, GoCardless will continue to take monthly Direct Debit installments unless the necessary notice to terminate is provided.
6.3 If the member/guest is on a Month to Month membership, the member can cancel their direct debit directly with the bank and this will automatically cancel their membership at the end of the month in which they have cancelled their direct debit. If you are still within your 3 month contract period at the beginning of the membership you are unable to cancel the membership until the 3 months are over.
Notice to terminate on a Month to Month may also be given in writing or email direct to membersip@realstrengthhq.com or via GoCardless.
6.4 Annual membership is unable to be refunded, however they can be frozen if there is a period of injury leading to the member being unable to use the gym, whereby a doctor's note must be shown.
6.5 Causes for termination. The following reasons may be acceptable to Real Strength Gym subject to formal agreement. Bankruptcy, imprisonment or death. Proof of all 3 would be required.
6.6 No early termination or freezing option is available on Paid in Full memberships, no refunds are available for any members/guests on a Paid in Full membership or guest pass that no longer wishes to use the membership or pass.
For the avoidance of any doubt, in the unlikely event of exceptional circumstances where a Paid in Full membership/guest pass has been brought to an end prior to the end date and a refund is deemed as appropriate by the gym/directors any refund would be calculated by the directors refunding the outstanding time on the membership/pass.
7. MEMBERSHIP DIRECT DEBITS
When the Direct Debit is formed
When you click "Agree to Terms and Conditions" and submit your membership payment you are making a direct debit which is accepted by us and results in a binding contract. A legally binding contract is formed on the date we send you confirmation of your membership with your unique PIN/Contactless payment has been taken. You will receive this confirmation by email within 72 hours if you supplied an email address. We will not be responsible if you fail to receive the written confirmation because you have supplied us with an incorrect email address. We reserve the right not to accept or process your membership for any reason. All members are subject to validation checks and authorisation by your payment card issuer. If we do not accept your membership and your credit/debit card has already been debited, we will notify you and refund your card in full.
Right to refuse orders
We reserve the right not to fulfil and to cancel membership orders:
1. In the event of obvious inaccuracies in prices, except that we may fulfil your order at the correct price;
2. If we are unable to obtain payment authorisation from the issuer of your payment card.
Delivery
We will deliver the membership details to the email address you supply to us when you place your order. You agree that we will not be responsible for failure to deliver the membership information if you have supplied us with an incorrect email address.
Delay in delivery and non-delivery
We will not be liable to you for any delay in delivery or non-delivery of membership information in the following circumstances:
1. where the issuer of your payment card refuses to authorise payment to us;
2. where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees;
3. where the email address supplied to us by you is incorrect.
Cancellations and Refunds
1. Where a minimum term (e.g. 3 months) is advertised, cancellations are not permitted until the end of this initial period and we will not issue you with a refund.
2. For all other subscriptions or after the minimum term of your subscription, you may cancel your membership direct debit by cancelling your recurring payment with GoCardless, our payment processor.
Price Information
Prices displayed on social media and available on request via email at membership@realstrengthhq.com.
Although we try to ensure that all prices are accurate, errors may occur. If we discover an error in the price of your order, we will inform you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid.
Card Payment
If you are under 18 or are not using your own credit/debit card to pay for the subscription, you must ask the permission of the credit/debit card holder before entering the payment details. By clicking "Submit" you are confirming that you have obtained the express prior permission of the credit/debit card holder.
8. EXPULSION OF MEMBERS/GUESTS OR TERMINATION OF MEMBERSHIPS/PASSES BY THE GYM
8.1 The Gym may expel members/guests and may terminate the memberships/passes of any member/guest:
8.1.1 without notice and with immediate effect if the member/guest's conduct, whether or not such conduct is the subject of a complaint by another member/guest or group of member/guests, and is such that in the reasonable opinion of the Gym, it may be injurious to the character, name or interests of the Gym or is such that it renders the member/guest unfit to associate with other members/guests of the Gym or is such that it is not appropriate for the member/guest to continue their membership/pass or the member/guest's behaviour is in the reasonable opinion of the Gym to be inappropriate and / or unacceptable.
8.2 A member/guest whose membership/pass is terminated by the Gym, they shall forfeit all privileges of membership/pass with immediate effect without an entitlement to any claim for any refund of their annual or monthly membership fee.
8.4 Any member/guest who takes legal action against the Gym will be considered to have a conflict of interest and will have their membership/pass terminated. The member/guest will be reimbursed for any paid for membership/pass that has not been used from the time of termination as per the terms and conditions highlighted in 6. Memberships may be resumed upon conclusion of legal action.
8.5 Paid in Full memberships are priced at a discounted rate. No early termination option is available on Paid in Full memberships, no refunds are available for any member/guest on a Paid in Full membership/pass that no longer wishes to use the membership/pass. For the avoidance of any doubt, in the unlikely event of exceptional circumstances where a Paid in Full membership/pass has been brought to an end prior to the end date and a refund is deemed as appropriate by the gym for the period of time left.
8.6 Failure to abide by gym rules after a 3 strike warning system whereby the member/guest has been made aware of their inability to follow the gym rules stated in section 9 will result in immediate termination of their membership/pass. These strikes do not adhere to any time period and are noted on the member/guests account. They will be informed of their termination via email and in person. An explanation of their termination and reasons for strikes given is not up for discussion.
9. GYM RULES
Failure to abide by these rules will result in a strike against members/guest. Once a total of 3 strikes in met they will no longer be able to attend Real Strength Gym.
9.1 If you are deemed by the members of staff to be conducting yourself in an inappropriate manner we hold the right to cancel your membership without discussion.
9.2 All equipment is to be used as described on the machine label or as instructed during your induction. Weight stacks are not to be modified or altered in any way. If you do this is at your own risk and negligence. Real Strength Gym takes no responsibility.
9.3 All dumbells and plates are to be put away as soon as you are finished with them in their appropriate place, failure to do so compromises health and safety within the Gym and will not be tolerated.
9.4 If you are deemed to be mistreating any of the equipment or the facility in general we withhold the right to cancel your membership/pass without refund and discussion.
9.5 You may not use the gym whilst under the influence of alcohol, narcotics, tranquilizers or any other medication or other substance which may affect your ability to exercise safely.
9.6 Please do not take photographs/videos of the facility or post remarks on the internet that may identify another member without their permission.
9.7 Only Real Strength designated Personal Trainers are to train members or non-members in the gym unless granted permission in writing. Anyone caught doing so will be asked to leave immediately and have their membership/pass revoked without refund.
9.8 Members are solely responsible for their own belongings whilst visiting Real Strength Gym. Real Strength Gym accepts no responsibility for any stolen or damaged property.
9.9 Personal items are to be kept out of walkways in the gym as they are designated fire exit routes and pose a health and safety risk to all within the facility. Lockers are available to all members and guests to use and belonging are to be locked in there at your own risk. Real Strength Gym does not take responsibility for belongings left in the lockers.
9.10 Members are solely responsible for their motor vehicles and any possessions left in them while on the property.
9.11 Members must inform Real Strength Gym of any change of contact and email address or telephone numbers; these can be made via the ClubRight app, at reception or via membership@realstrengthhq.com. If there are any changes to your medical health or ability to train you must inform a member of staff.
9.12 Smoking including e-cigarettes are strictly prohibited in all areas of the gym, any member or guest found disregarding this rule may have their membership or pass cancelled.
9.13 Any one who is to be seen or found going behind reception without permission will be automatically be banned from Real Strength Gym.
FACILITIES
10.1 The gym reserves the right to make reasonable alterations to the type of facilities provided without notice and the gym shall not be liable for any inconvenience caused by building works and for the provision of essential maintenance services that occur for 14 days or less, due to matters beyond our control or improvement works. On occasions when necessary maintenance is required, the gym, or parts thereof, may be closed. No refunds would be given as a result of closure.
10.2 The gym reserves the right to change or remove any of the facilities at the gym. In such an event notice will be given.
10. HOURS OF OPENING
10.1 Information in relation to the gym's normal hours of operation are available from the gym upon request. Such hours may be lengthened or shortened at the absolute discretion of the gym with or without any prior notice being given to members/guests. The gym shall endeavour to give members/guests reasonable notice of change to such hours.
10.2 On occasions when necessary maintenance is required, the gym, or parts thereof, may be closed. Any refund given as a result of closure will only be made at the sole discretion of the Directors.
11. FIRE EVACUATIONS
If you discover a fire, alert a member of staff immediately. If you hear the fire alarm:
Leave the building by the nearest exit.
Do not stop or return to collect personal belongings.
Go to the assembly point (at the end of the car park) and remain there.
Return to the building only when authorised to do so by the gym Manager.
12. THIRD PARTY RIGHTS
A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them.
13. USE OF PERSONAL INFORMATION
We use the personal and transactional information (e.g. name, address, email address, phone number) ("Personal Information") you supply to us in order to fulfil your order. The lawful basis for this data processing while your membership is active is Contract. The lawful basis for the processing if your member/guestship is cancelled or lapses is Legitimate Business Interest.
14. UNAUTHORISED ACCESS TO PERSONAL INFORMATION
Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular credit/debit card details) you transmit when you place an order. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use.
CHANGES TO THIS PRIVACY NOTICE
We will update the T&C's to reflect the way in which we run the gym. If we do so, we will post notice of the change on our app and you will have the opportunity to adjust your communications preferences via your Member Profile within the Members Area of the website/app.
Latest revision of T&C's 3rd February 2022