Terms and Conditions

IQ FITNESS
MEMBERSHIP TERMS & CONDITIONS

We draw your particular attention to clause 7 below – Limitation on Liability

1. Definitions
1.1 In these Terms and Conditions, the following definitions apply:
1.1.1 IQ Fitness, Company and We means IQ Fitness & Strength Limited or such successors in title.
1.1.2 Facilities means all exercise and treatment facilities and equipment available at the Gym.
1.1.3 Gym means the premises operated by the Company, located at Unit 3 Denmark Street, Altrincham.
1.1.4 Gym Rules means the rules and regulations which apply to the operation of the Gym and the conduct of the Members. These will be displayed in the Gym and available on request.
1.1.5 Medical Questionnaire means the medial questionnaire provided by the Company at the point when you apply to become a Member and that you are required to complete (and update where necessary from time to time).
1.1.6 Member or You means the Person(s) named on both the Membership Application or using the Facilities.
1.1.7 Membership means membership of the Gym or using the Facilities.
1.1.8 Membership Application means an application to join the Gym and/or use its Facilities.
1.1.9 Membership Fees means the fees due from the Member in consideration for membership of the Gym.
1.1.10 Membership Period means the commitment period as agreed between you and the Company from time to time.
1.1.11 Member Services means the central membership department.

2. General Terms
2.2 Your Membership is subject to these terms and conditions (as may be amended from time to time). The latest version will be available on the Company’s website. For the avoidance of doubt, these terms and conditions apply to any person using the Facilities at the Gym.
2.3 This agreement will become binding on you and us when we contact you to confirm your Membership Application has been accepted, at which point a contract will come into existence between you and us.
2.4 You agree to comply with the Gym Rules which are displayed prominently in the Gym and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Gym Rules at any time provided that we give you advance notice of the change.
2.5 If we take no action or choose to overlook any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.
2.6 We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced. You may not assign the benefit of this agreement to any third party.
2.7 There may be occasions where we have to close all, or part of, the Gym. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency. We will use all commercially reasonable endeavours to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.

3.Membership
3.1 Members must be at least 13 years old.
3.2 You can upgrade your Membership at any time upon payment of the appropriate Membership Fees.
3.3 You can only downgrade your Membership on one month’s written notice.  
3.4 You will be entitled to all the rights and privileges set for the type of Membership chosen.
3.5 You are responsible for managing any changes to your personal details including: address; contact details; and medical conditions.

4.Term
4.1 Unless agreed otherwise the Membership Period will be monthly on a rolling basis.
4.2 The Membership Fees may be changed by the Company at any time on not less than one month’s written notice to you at which time you may serve notice that you wish to terminate your Membership.
4.3 If you have provided notice pursuant to clause 4.2 above, the old Membership Fees shall apply until such time as your Membership has ended.

5. Membership Fees and Charges
5.1 Your Membership Fee will be the amount set out in your Membership Application and subject to any applicable discount. The Membership Fee may be amended from time to time in accordance with these terms and conditions.  
5.1.1  Any joining fee (if one is payable) and the first month's Membership Fees are collected from you by us either by Debit / Credit card at time of purchase, or by Direct Debit approximately 5 working days from your Membership Application date. If you join part way through a month your first month’s Membership Fees will be taken pro rata to the amount of day’s left in that month.
5.2 Applicable joining fees are applied to cover the initial administration costs associated with setting up a new membership and direct debit or debit/credit card agreement and entitle the member to an induction session.
5.3 If you are looking to upgrade your Membership, there may be an admin fee charged at the point at which you upgrade.
5.4 Your second payment for monthly Membership Fees only will be collected one month after you joined, unless you joined prior to your gym opening in which case they will be collected one month after the gym opened. Subsequent payments for monthly Membership Fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.
5.5 If any Direct Debit is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £20. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your Membership, upon having given you written notice of our intention to do so. We may present an option to reduce the administration fee if the outstanding amount is paid online within 7 days of becoming due.
5.6 From time to time we may need to increase the price of Membership. We will give you at least 1 full months’ notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your Membership will cost after the increase. During this period, you will have your usual right to terminate your Membership in accordance with the membership terms and conditions and rules. If you do not terminate the Membership by the date given to you in the notice, then the price of your Membership will be increased in accordance with our notice.
5.7 Payments are due regardless of the usage of the Facilities. In the event of any non-payment, entrance to the Gym and the use of the Facilities will be suspended until payment is made.

6.Medical Questionnaire
6.1 When submitting your Membership Application, along with providing contact details, you must also complete a Medical Questionnaire.
6.2 We reserve the right to refuse entry to the Gym to anyone who has failed to complete a Medical Questionnaire.

7.Limitation of Liability
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control.
7.2 We do not accept liability for damage or loss to your property that may happen at the Gym, other than the liability which arises from our negligence or our failure to take reasonable care.
7.3 We do not accept liability for the injury or death of any member or child that may happen at the Gym, other than the liability which arises from our negligence or our failure to take reasonable care.
7.4 We will not be liable or responsible for outstanding monies paid to a Personal Trainer. Personal training is arranged directly with the Personal Trainer and not with the Company.
7.5 To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, wellbeing or physical condition. You agree that you will advise us immediately should your circumstances change. We shall not be liable for any injury and/or death caused because of your failure to complete (or update an existing) Medical Questionnaire.

8.Use of the Gym and Facilities
8.1 You must use the Facilities in accordance with any advice provided by any representative of the Company and/or any notices displayed within the Gym.
8.2 Smoking and/or drug use is expressly prohibited in the Gym.
8.3 You must not abuse the Facilities and you will be responsible for any damage caused by misuse or negligent use of the Facilities.
8.4 You are required to always behave in a reasonable manner.
8.5 You must not be offensive or abusive to other members and/or representatives of the Company.
8.6 You must not cause any disturbance to the enjoyment of representatives, Members and/or guests of the Company.

9.Access abuse Policy
9.1 You will be issued with a QR code to access the Gym.
9.2 Your QR code is issued solely for your use, as your membership is personal to you and only covers your use of the Gym.
9.3 You are responsible for keeping your QR code secure and confidential at all times. The QR code remains our property at all times (unless agreed otherwise and evidenced in writing).
9.4 In the interests of the safety and security of all our members, use of QR codes and access is monitored and individuals using a QR code may be asked to provide proof of identification.
9.5 Should we believe that your QR code has been used by another individual or individuals we may (in our discretion) decide to conduct an investigation. If we do so we will: (a) inform you, via email; and (b) following our investigation we will contact you, via email, to inform you of our findings and our proposed course of action, which may include termination of your membership.
9.6 If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your QR code was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have: (a) to apply a penalty charge to your membership fees (and increase your direct debit payment(s) accordingly).  The penalty charge will be calculated as being equal to the daily membership charge (that applied at the time of use) for each occasion on which your QR code was used by that individual/those individuals; and/or (b) in the event of serious misuse of your QR code, for example, your QR code has been used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your membership with immediate effect, and no refunds will be given.

10.Termination
10.1 You may terminate your membership at any point by emailing sales@iqfitness.co.uk with your cancellation request 30 days before your next payment is due. Cancelling your direct debit without prior notice to the gym will not suffice as a termination.
10.2 In the above circumstances your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.
10.3 We may terminate your Membership with immediate effect on notifying you if you are in breach of the Gym’s Rules and/or clause 8 above. The Company reserves the right to retain a proportion of any fees paid by you relating to the use of the Gym and/or its Facilities prior to termination and any reasonable costs incurred as a result of the termination.
10.4 You may appeal the Company’s decision to terminate your Membership by submitting an appeal in writing within 14 days of the date of termination to Zoe Niven at sales@iqfitness.co.uk. Any appeal will be dealt with as quickly as possible but in all cases within 28 days of receipt of the letter of appeal.

11.Personal Training
11.1Personal Trainers or PTs operate from the Gym.
11.2PTs are self-employed and any service they or any other third party provide is separate to the services provided by the Company.

12.Day Passes
12.1 Non-members may obtain a day pass from the Company for the purpose of using the Gym and Facilities on a specified date.
12.2 Individuals using a day pass will still be required to complete a Medical Questionnaire.  
12.3 Day passes, and individuals using day passes, will be subject to the Company’s membership rules and terms and conditions.
12.4 You will be entitled to all the rights and privileges exercisable for the type of Membership chosen.
12.5 You cannot transfer this daily membership to anyone else nor transfer to another date.
12.6 Day passes are non-refundable.

13.Free Day Passes
13.1 From time to time as part of a promotion or otherwise we may offer free day passes to Members and the public alike.
13.2 Free passes have no resale value and cannot be exchanged for cash or any other product or service.
13.3 Passes must be used on consecutive days
13.4 Free passes should be booked to start before the advertised expiry date. Any passes set for redemption after this date may be cancelled without warning.
13.5 Individuals using a free day pass must still complete a Medical Questionnaire.
13.6 Free day passes, and individuals using free day passes, will be subject to Company’s membership rules and terms and conditions.
13.7 You will be entitled to all the rights and privileges exercisable for the type of Membership chosen.
13.8 You cannot transfer this daily membership to anyone else nor transfer to another date.
13.9 Day passes are non-refundable.

14.Student Membership
14.1 Discount is available to verified students only and is non-transferable.
14.2 Student membership discount is based on the cost of standard monthly memberships.
14.3 All student memberships are subject to the Company’s membership rules and terms and conditions.
14.4 Discount cannot be used in conjunction with any other offer and does not apply to any third party classes or other services that may be offered for sale from time to time. The Company reserves the right to terminate this discount without notice.

15.Teenage Membership
15.1 Discount is available for Teenagers between the ages of 13 and 16 only (with proof of ID) and is non-transferable.
15.2 Teenage membership discount is based on the cost of standard monthly memberships.
15.3 All teenage memberships are subject to the Company’s membership rules and terms and conditions.
15.4 Discount cannot be used in conjunction with any other offer and does not apply to any third party classes or other services that may be offered for sale from time to time. The Company reserves the right to terminate this discount without notice.
15.5 Teenage members may only use the Gym and its Facilities during these times: Monday – Friday; 11:00 – 17:15. Saturday 11:00 - 16:00 and Sunday 11:00 - 15:00.

16.Corporate Membership
16.1 Corporate memberships are available to businesses (including sole traders and limited companies).
16.2 Corporate membership discount is based on the cost of standard monthly memberships and the number of members joining.
16.3 All corporate memberships are subject to the Company’s membership rules and terms and conditions.
16.4 Discount cannot be used in conjunction with any other offer to any classes or other services that the Company may offer for sale from time to time. The Company reserves the right to terminate this discount without notice.
16.5 Corporate members will be offered the opportunity to advertise their services within the Gym on TV monitors provided. The cost for the advertisement will be agreed between you and the Company separately. The Company reserves the right to refuse to show any form of advertisement that it feels is inappropriate or which may breach the Gym Rules and/or clause 8 above.

17. NHS, Fire & Police Membership (Emergency Services)
17.1 Discount is available to verified NHS members; Fire person; and Police person only and is non-transferable.
17.2 NHS; Fire person and Police person membership discount is based on the cost of standard monthly memberships.
17.3 All NHS; Fire person and Police person memberships are subject to the Company’s membership rules and terms and conditions.
17.4 Discount cannot be used in conjunction with any other offer and does not apply to any third party classes or other services that may be offered for sale from time to time. The Company reserves the right to terminate this discount without notice.

18.Money Back Guarantee
18.1 As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of completing your membership application form.
18.2 However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you select to commence your membership immediately, or you ask us to start your membership early, you agree that if you subsequently cancel your membership within the 14 day period, you will be refunded any monies paid, less an amount for the membership you have already used commencing from the first day after joining.

19.Information about us
19.1 We are a company registered in England and Wales. Our company registration number is 12831146 with a registered office at Ground Floor Rear Barn, The Brookdale Centre, Knutsford, Cheshire, England, WA16 0SR.
19.2 If you have any questions or if you have any complaints, please contact us. You can contact us by e-mailing us at sales@iqfitness.co.uk.  
19.3 If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing you can send this to us by e-mail to sales@iqfitness.co.uk. We will confirm receipt of this by contacting you by email.

20.Opening Hours
20.1 Details of the opening hours are available from the Gym or on our website.
20.2 The Company reserves the right to change the Gym’s opening times at its sole discretion upon giving such reasonable notice as possible.

21.Your Personal Information
21.1 We will at all times comply with our obligations under the Data Protection Act 2018.
21.2 Please see our Privacy Policy for information about how we use the information you share with us.
21.3 The Company may, in accordance with its Privacy Policy and data protection legislation, disclose your personal information to any credit reference agency or third party instructed to recover any arrears under this Agreement.

22.Miscellaneous
22.1 Written notices that are required to be given by the Company will be sent via email to the email address detailed in your Membership Application. All such notices will be deemed to have been received the next business day. All other notices required to be given by the Company will be placed in a prominent position within the Gym.
22.2 These terms and conditions, and any dispute or claim arising out of or in connection with them, shall be governed by the laws of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim out of or in connection with these terms and condition or its subject matter.