City Road CrossFit Ltd.
1. GENERAL TERMS AND CONDITIONS
In these Terms & Conditions and the Club Rules, “CrossFit City Road” means City Road CrossFit Ltd., company number 9299135 and whose registered office is at 3rd 111 Charterhouse Street, London EC1M 6AW; “Member” means the member named on the Application Form, and “Membership” is the membership by a Member of a Club, which starts when CrossFit City Road accepts the proposed Member’s Application Form; “Club” means the CrossFit City Road gym at which the Member applied for membership and any other CrossFit City Road gym the Member may attend; “Contract” means the contract between CrossFit City Road and the Member subject to these Terms & Conditions and Club Rules; “Application Form” means the application form completed by the Member to join the Club; “Club Rules” means the terms set out in the CrossFit City Road Club Rules.
2. MEMBERSHIP APPLICATION
Membership is subject to these Terms & Conditions as amended from time to time. Submission of an Application Form is an offer to CrossFit City Road to become a Member of the Club subject to these Terms & Conditions and the club rules. CrossFit City Road reserves the right to reject any application for Membership.
Membership is available to individuals of 18 years of age and over, subject to status; individuals of 16-17 years of age may join with written parental / guardian consent.
Upon being accepted to the Club’s Membership scheme, the Member consents to having their photograph taken by CrossFit City Road to confirm their identity upon entry, and consents to having their photograph taken at any time whilst using the facilities, excluding changing rooms. CrossFit City Road reserves the right to use any such photographs for press and/or promotional purposes.
3. MEMBERSHIP TYPES
CrossFit City Road offers various Membership packages, offering a range of price versus flexibility, so that Members have choice.
For these package types, payment is collected on or around the 1st of each month. These Memberships each have a minimum contract term, and Membership continues to roll on a monthly basis after the minimum term has expired. See Point 6, below, on how to cancel a Monthly Membership.
•“Pay as You Go”– minimum term of one full calendar month.
•“3 Month Monthly” – minimum term of three full calendar months.
•“6 Month Monthly” – minimum term of six full calendar months.
•“1 Year Monthly” – minimum term of twelve full calendar months.
•“18 Month Monthly” – minimum term of eighteen full calendar months.
The minimum term of all Monthly Memberships starts as of the 1st day of the first full calendar month. For example: if a Membership starts on 15th September, the minimum term would begin as of 1st October.
CrossFit City Road reserves the right to introduce, withdraw and vary categories of Membership.
A Member may apply to switch to a different Membership type. A Member cannot switch to a Membership type with a shorter minimum term than their current contract. Any months completed on a previous Membership type will not be credited towards the minimum term of the new contract. A Member may only move onto a Membership type and rate available at the time of upgrading. These may vary from Membership types available at the Member’s point of joining.
4. INITIAL JOINING FEE AND MEMBERSHIP DUES
All Members shall pay an initial Joining Fee as per the Club’s current price schedule, which will be made available to you before you join as a Member. The Joining Fee is not refundable under any circumstances.
Membership is payable in advance, either fully or monthly as per the Membership type selected (see Point 3, above). Monthly fees will be debited on or around the 1st of each month. In the event that the Member falls into arrears in respect of any fees payable, all arrears must be settled before the Member can use the Club.
Monthly Membership fees may be increased at the discretion of and at any time by CrossFit City Road, to take effect after the Member’s minimum term subject to at least one calendar month’s written notice. Changes to pricing for new joiners may be made without notice.
CrossFit City Road reserves the right to levy an administration fee of £35 if it forwards the account to a 3rd party debt collection agency in the event of non-payment of fees when due. Any lapses in Membership, including but not limited to non-payment of fees or failure to renew a Paid in Full Membership, may result in a new Joining Fee being charged should the Member reapply for Membership.
5. CANCELLING YOUR MEMBERSHIP
Members on a Monthly Membership contract may cancel their Membership after or with effect from the end of the minimum term, by giving one full calendar month’s advance written notice, effective from the 1st of the following month. This should be done by emaling email@example.com and requesting a cancellation.
CrossFit City Road is not obliged to refund any fees where the Member has not cancelled and cannot provide proof of a valid cancellation request. All fees must be paid to date at the time of cancellation.
Memberships are not transferrable under any circumstances.
Members still within the minimum contractual period may reduce their cancellation notice to one full calendar month in the following circumstances: Pregnancy, Redundancy, Permanent injury and Permanent illness preventing gym usage. Valid documentation will be requested as proof in such circumstances.
Any Member with three or more months remaining of the minimum term may terminate their Membership at the end of the then current month by paying in full 50% of the total future fees due until the end of the minimum term.
Please contact the CrossFit City Road membership team via firstname.lastname@example.org
6. PRESALE – 10 DAY MONEY BACK GUARANTEE
A “10 Day Money Back Guarantee” is applicable when a Member signs up to a new Club during its presale period. A presale period is defined as the time in which a Membership can be purchased for a new Club prior to the opening date.
During the designated 10 days, a Member may request immediate termination of their new Membership, along with a refund of fees paid upon joining (including the joining fee).
The 10 days is effective from, and including, the agreed original start date of their Membership.
In cases where the Member has opted to use an existing CrossFit City Road Club up until the opening date of the new club, the 10 day money back offer will not apply.
7. TRANSFERRING MEMBERSHIP TO ANOTHER CLUB
A Member can apply to move their Membership to another Club after the first four weeks of membership is complete. A price increase or package change may apply depending on the prevailing rate for their Membership at the requested Club.
8. FREEZING YOUR MEMBERSHIP
Any Member may apply for their Membership to be frozen, subject to one full calendar months’ notice effective from the 1st of the following month. A fee of £20 per month applies throughout the period of frozen Membership. The minimum freeze period is one full calendar month, commencing on the 1st day of the month, with a maximum of six full consecutive calendar months. Freeze periods will not count towards a Member’s contractual term, and will extend any applicable minimum term by the number of frozen months taken. Membership may not be frozen during the notice period of cancellation.
Members on a Monthly contract type will have their freeze fee/s taken via Direct Debit.
Freezing for reasons of illness, injury or pregnancy will be reviewed and leniency may be applied in relation to the fee and notice period; valid medical documentation must be attached to the request for this to be considered. If valid dated documentation is provided, a freeze due to medical/injury reasons may be backdated, providing no usage has been registered on the Member’s account. In such circumstances no refund would be due and any fees paid would be credited to future Membership payments.
Any Member who requests to freeze their Membership under the Terms and Conditions will not be able to access the Club during the frozen period, either via their Membership or purchase of a Guest Pass. A Member must apply to unfreeze their Membership if wishing to use the Club during the frozen period. In order to unfreeze a Membership, a pro rata fee for the remainder of the then current month will be payable. The freeze fee of £20 is not payable towards this pro rata fee.
A freeze or unfreeze request must be requested by email to email@example.com
9. HEALTH AND SAFETY
All Club users must complete a health questionnaire (PARQ) before entry. If any medical conditions are disclosed, the user must sign the back of the PARQ stating that they have sought medical advice or wish to use the Club without doing so, and that they take full responsibility for any injury or health condition sustained whilst using the facilities arising from their medical condition. CrossFit City Road staff are not medically trained and are therefore not qualified to assess whether the Club user is in appropriate physical condition to use the facilities. CrossFit City Road advises all Club users to take medical advice prior to starting any exercise programme if they are in any doubt as to their ability to do so.
The Member warrants and represents upon their Membership Application Form, and repeats such warranty upon each visit to the Club, that they are in good physical condition and know of no medical or other reason why they should not engage in any form of exercise, and that such exercise would not be detrimental to their health, safety, comfort or physical condition.
10. YOUR PERSONAL INFORMATION
Members are responsible for advising CrossFit City Road of changes to their personal information. Where CrossFit City Road is required to provide any written notification, CrossFit City Road will send the notice to the address on the Application Form or any updated address the Member has provided since joining. Any notice sent by CrossFit City Road in accordance with this clause will be deemed received by the Member two days from the date of dispatch.
CrossFit City Road takes the responsibility for looking after Members’ personal information very seriously, and will only contact Members with information about the Club and CrossFit City Road services available. CrossFit City Road may share Member details with any organisation that acquires a Club to which the Member has their Membership.
11. LIMITATION OF LIABILITY
Nothing in these Terms & Conditions shall limit or exclude the CrossFit City Road’s liability for:
(i) death or personal injury caused by its negligence, or the negligence of its personnel or agents;
(ii) fraud or fraudulent misrepresentation; or
(iii) any other liability which cannot be limited or excluded by applicable law.
Subject to that:
(a) CrossFit City Road shall have no liability to the Member or Guest, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Terms & Conditions; and
(b) CrossFit City Road’s total liability to the Member or Guest, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions shall be limited to £250.
12. CHANGES TO CrossFit City Road TERMS & CONDITIONS
CrossFit City Road may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify Members by placing a notice on the Club noticeboard. Any changes will be effective immediately.
13. THE TERMS OF YOUR CONTRACT
A signed Application Form, these Terms & Conditions, the Club Rules and the PARQ make up a binding contract of Membership with CrossFit City Road. Members are advised to read the Terms & Conditions and Club Rules in full before signing the Application Form.
The failure of CrossFit City Road to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or Club Rules shall not be deemed to be an affirmation by CrossFit City Road that the behaviour of the Member or Guest is acceptable.
Except where permitted by this Contract, neither CrossFit City Road nor the Member may alter the terms of this Contract without the express agreement of the other.
14. GOVERNING LAW AND JURISDICTION
These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims).