Membership Terms & Conditions

DEFINITIONS

In this agreement, the “club owner” means BJD Health & Fitness Ltd, an independent limited company. The “Club” means BJD Health & Fitness. “I” means the person whose name and signature appear on this Agreement. The member is responsible for updating address, billing, & contact information.

COOLING OFF PERIOD

If I wish to cancel this agreement, I may do so by emailing written notice to the Club. This notice must say that I do not wish to be bound by the Agreement and must be delivered before midnight on the fourteenth day from the agreement date. The Club will refund anything I have paid, but the refunded amount will be less an amount for the membership I have already used (if any) at the then-current day pass rate. This will be calculated on a per-sign in basis. If the amount of use surpasses the initial start-up fees, my membership will be terminated immediately, however no refund will be issued. Refunds will be made no later than 14 days after the day on which the Club was informed about my decision to cancel, and the membership card returned. The refund will be made using the payment method I used for the initial transaction. There are no cash refunds.

MEMBER OBLIGATIONS

This agreement is a legally binding obligation for which I am financially responsible. If I have a prepaid membership, I acknowledge that the fee paid is not refundable under any circumstances. If I have a term membership, my membership will automatically renew after the term ends, and I will continue to be billed according to my regular billing schedule unless I provide 30 days written notice of cancellation. I agree not to conduct any kind of commercial or business activity in the Club and will not act as a Personal trainer for anyone within the Club. I understand that I am responsible for updating my address, billing, and contact information

CANCELLATION

After my right to cancel period noted earlier (if any), I may cancel my membership by giving 30 days written notice by filling out a cancellation form at the Club, or online via a cancellation link that is emailed by request.

Once submitted, the notice will begin on the submission date. I will be required to pay all scheduled membership fees within the 30-day notice period and any outstanding fees for other services already supplied to me, regardless of whether or not I use the Club after the date of notice. If collection or legal services are needed to collect any unpaid amount, I am responsible for all costs of collection, including solicitor’s fees of the Club Owner.

If I die, or become totally or permanently disabled, upon reasonable written notice to the Club with proof of the death or disability, either I or my estate may cancel this agreement and receive a prorated refund of the unused portion of membership fees incurred.

MEMBERSHIP FREEZE

I have the right to freeze my membership for a minimum of one month and up to three months per calendar year, during which time I will not be charged standard membership dues. I must provide written notice at least seven days in advance of my next billing cycle. I will incur no processing charge for each frozen month. For prepaid or fixed-term agreements, the membership will be extended for a period equal to the freeze period. A membership cannot be cancelled during a freeze period.

FACILITIES AND SERVICES

The Club reserves the right at any time to delete, discontinue, repair or replace the facility equipment without any effect on this Agreement. The Club may be closed for up to two weeks each year for maintenance purposes.

PRICES

From time to time, and not more than once per year, the Club Owner may need to increase the price of my membership fees. The Club will give at least 30 days’ notice of any incoming price increase, and will make it very clear when the price increase will take effect and how much my membership will cost after the increase. During this period, I will have my usual right to terminate my membership in accordance with the membership terms and conditions. If I do not terminate the membership by the date given to me in the notice then the price of my membership will be increased in accordance with the notice provided.

MINIMUM AGE

All membership holders of the club must be a minimum 16 years of age. A parent/guardian must give approval if you are under 18 and signing up for a direct debit membership. Staff reserve the right to deny access without proof of age.

NO STEROIDS

I understand that the Club bans the use of steroids and I agree not to use, sell or exchange steroids on the Club’s premises.

WAIVER & LIMITATION OF LIABILITY

Notice – By using the facility and acknowledging this document, you may be waiving certain legal rights, including the right to sue.

In consideration of my use of the exercise equipment and facilities provided by the company, BJD Health & Fitness Ltd, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company.

By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type which may occur to me or my guest, and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.

I expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.

I agree to be solely responsible for the safety and well-being of my guest and myself. I understand that the company does not provide supervision, instruction, or assistance for the use of the facilities and equipment.

I agree to comply with all rules imposed by the company regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

I understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death.

I understand and agree that my use of the facilities and equipment is only to be undertaken on my own personal time and that my use of the facilities and equipment is not within the course or scope of my employment.

MEMBERSHIP CARD

I understand that only authorized members or guests may access the Club and I am not permitted to share my membership card with anyone else. The membership card has been issued to enable me to securely access the Club in accordance with the terms of my membership. If I lose or misplace the card, I need to contact the Club to remove the card immediately. If I require a replacement card, I understand I may be charged for the replacement card.

MISCELLANEOUS

This is the whole Agreement between the parties with respect to the Membership Terms and Conditions and supersedes any prior understandings or agreements of the parties whether written or oral, express or implied. With the exception of pricing changes from time-to-time as noted above, this Agreement may not be amended or modified except in a writing signed by both parties.

PAYMENT AUTHORISATION

For purposes of this payment authorization, the term "I" refers to the new member whose name appears above as the primary account holder and whose signature appears below. "You" refers to the financial institution where I hold an account. I authorize you to pay membership fees on my behalf to Club Owner (or its designee) in the amount of the membership plan I have selected (inclusive of VAT at 9%). These payments will continue until I submit a written notice of cancellation of my membership to the Club as instructed in this agreement. I agree I am bound by the membership payment terms and unpaid account balance due upon cancellation. I agree that you will be fully protected in honouring these direct debits and that your treatment of them and rights in respect to them are the same as if personally signed by me.

I understand that if I terminate the agreement or stop the automatic membership payment arrangement in a manner not described in the agreement, I may be liable to the Club Owner for damages for breach of contract.

CLUB USAGE TERMS & CONDITIONS

DEFINITIONS. In this Agreement, "the Club Owner" refers to Adam Kirk, the independent business owner. "The Club" means BJD Health & Fitness at which the agreement is signed. "I" means the person whose name and signature appear on this Agreement.

PHYSICAL CONDITION AND NO MEDICAL ADVICE. I confirm that I am in good physical condition and have no medical reason or impairment that would prevent me from my intended use of BJD Health & Fitness facilities. I understand and acknowledge that the Club Owner will not and cannot provide me with any medical advice. If I have any health or medical concerns now or after I join, I will discuss them with my doctor before using the facilities.

GUEST REQUIREMENTS. I understand I may be expected to show proper identification when I enter the facility.

RULES AND REGULATIONS. I agree to follow any club rules posted at the club or communicated by club staff. The Club may, in its sole discretion, modify its rules or policies without notice at any time.

DAMAGED, LOST OR STOLEN PROPERTY. I understand that the Club Owner is not responsible for any of my personal property that is damaged, lost or stolen while in or around BJD Health & Fitness. I understand and agree that I am liable for all damage I cause to the equipment or physical infrastructure of the club facility and will reimburse the Club Owner for any damage I cause.

LIABILITY FOR PROPERTY. The Club Owner is not liable to me for any personal property that is damaged, lost or stolen while on or around Club premises including, but not limited to, a vehicle or its contents or any property left in a locker. If I cause any damage to the Club, I am liable to the Club Owner for the cost of repair or replacement.

VIDEO NOTICE. I may not take unauthorized photos or videos anywhere in the Club. I understand that the Club uses unmonitored video surveillance and member sign-in is logged, which both may be retained by the Club for future use.

COVID-19. I will not attend BJD Health & Fitness for two weeks if I am showing any symptoms of covid-19. I will not attend BJD Health & Fitness for two weeks if I have been in close contact with a person who is suspected of having covid-19 or has been diagnosed. I am aware that by attending a public space, there is a risk of contracting covid-19.

By acknowledging electronically, I affirm, understand and agree to the Guest Club Usage Terms and Conditions, Payment Authorization, Membership Terms & Conditions and Privacy Policy above.