ZONE SIX – HEALTH & PERFORMANCE MEMBERSHIP TERMS & CONDITIONS

PRINCIPAL TERMS

  1. The decision to accept the application of all members shall be at the sole discretion of Zone Health and Performance Limited

  2. This agreement commences once you have indicated your acceptance in the declaration section of the sign-up process. These terms and conditions form part of your agreement with us, and replace any previous terms and conditions.

  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.

  4. You will be entitled to all the rights and privileges set for the Type of Membership chosen.

  5. You cannot transfer this agreement to anyone else.

  6. Zone Health and Performance Limited reserves the right to verify or can require proof at any time for all information given in order to obtain membership and any fraudulent or untrue information supplied in order to obtain any of the membership products could result in the cancellation of all membership rights and lead to repayment of all monies due to Zone health and Performance Limited

  7. The member shall also be bound by the club rules, included in these terms and conditions.

  8. All our memberships are monthly memberships. In these terms and conditions, monthly means every calendar month. A full calendar month starts on the first day of the calendar month and finishes at the end of the last day of that calendar month. When we refer to month in these terms and conditions, we mean a full calendar month.

TYPE OF MONTHLY MEMBERSHIP

  1. We offer various types of membership, these include;

    1. The Z6 Club – Semi-private personalised coaching sessions in small groups. Membership can be taken at 2 sessions (including the trial month), 3 sessions, or unlimited number of sessions a week

    2. Z6 VIP – Private 1:1 coaching sessions in 12-week packages

  2. The facilities available to you, the amount you pay and the times when you can use the facilities will depend on the type of membership you have chosen. The membership type you have selected will be shown on your membership agreement form.

PHYSICAL ACTIVITY READINESS QUESTIONNAIRE (PAR-Q)

  1. The member warrants and represents that they are in good health and is not knowingly incapable of engaging in either active or passive exercise.

  2. The member further warrants that such exercise would not be detrimental to their health, safety, comfort, wellbeing or physical condition.

  3. By reading and accepting the studio waver online, the member is declaring there is no issue for them to obtain a membership and exercise freely. A physical par-q will be required to be signed on entering the facility at the initial entry to the club. It is Zone Health and Performance’s discretion on if they require any further proof/ health assessment from the member.

DIRECT DEBIT FEES AND CHARGES

  1. The membership fees are collected from you, by GoCardless, on behalf of us by Direct Debit approximately 5 working days from your membership application date.

  2. Your second Direct Debit 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 Direct Debits for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.

  3. 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.

  4. You agree to advise us immediately of any change to the members details provided.

  5. You must pay your monthly membership fee in advance every month by direct debit.

  6. You must sign a direct debit mandate form at or prior to the start of your membership and we will take your payment on or around the commencement date.

  7. We may, entirely at our discretion, accept other payment methods to start, restart, or upgrade your membership.

  8. When you or your bank tell us about a change to your bank account details, we may ask you to sign a new direct debit mandate form.

FREEZING YOUR MEMBERSHIP

  1. At our discretion for certain reasons, you can freeze your membership for a maximum of 3 months after which your membership will automatically be un-frozen and will revert to your monthly rate. Freeze only applies to monthly memberships and will start from your payment date. Please be aware this must be actioned at least 3 working days prior to your payment date. We may require you to produce proof which is satisfactory to us of any of these reasons that you are relying on to freeze your membership.

  2. When you request us to freeze your membership, you will need to tell us when you plan to resume your membership and return the facility, although your membership can start again before this date if you let us know. We will automatically start your membership again, and start taking any direct debits, on the date you tell us you want your membership to resume.

  3. You will not be allowed to use any of our facilities while your membership is frozen.

FAILING TO PAY

  1. This section is about what will happen if you do not pay your monthly membership fee or any other fees or charges you have agreed to pay because:

    1. The account details you gave us for the direct debit are wrong; or

    2. There is not enough money available in your bank account; or

    3. You have cancelled your direct debit without giving us the correct notice period

    4. If the account details you gave us for the direct debit are wrong:

  2. We will ask you to pay by cash, debit card or credit card and to give us your correct bank details. You will also be asked to complete a new direct debit mandate form.

  3. If there is not enough money available in your account:

    1. We will ask you to pay by cash, debit card or credit card. If, after the second month we have contacted you, you still owe us the payment, we will cancel your membership from the end of that month. Where a direct debit payment has failed or been refused, we may attempt to obtain payment through the same direct debit. You are responsible for any charges imposed by your bank in connection with any failed payments or attempts.

  4. If you are not in a commitment period with us, we will take the first month you fall into arrears as deemed notice to cancel your membership.

  5. If you have cancelled your direct debit without giving us notice:

    1. We will ask you to pay by cash, debit card or credit card. If you are not within any commitment period you agreed to, we will cancel your membership from the end of the following month and your account will remain in debt until the outstanding payment is made.

  6. While you owe us payments you will not be allowed to use the facility. Once your payments are up to date you will be allowed to use the facility. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.

  7. We may appoint a debt collection agency to collect any payments you owe us, and you may have to pay any costs associated with this, including legal and court costs and interest. Or we may choose to take the payments owed from your credit card or debit card using the credit card or debit card details you have given us and you hereby authorise us to do so.

DIRECT DEBIT PRICES

  1. 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.

TERMINATION

MONTHLY DIRECT DEBIT MEMBERSHIPS

  1. 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.

  2. The cost of your membership will depend on the type of membership you have chosen (see ‘Type of Membership’).

  3. We will set out all amounts that you need to pay for your membership on your initial subscription email.

  4. If you are unsure about the fees and any additional charges that you are paying, please email: info@zonesix.co.uk.

  5. During your membership, you must pay your membership fees whether or not you actually make use of any the facilities and services.

  6. When your membership ends for any reason, and we have taken the final payment from you, you are responsible for cancelling your direct debit. You should not cancel you direct debit before your membership has ended, as if you do so we may be unable to collect any remaining payments you owe. In such event, we will contact you about this.

  7. You may terminate your membership with 1 months’ notice by informing us that you would like to do so in writing to: info@zonesix.co.uk.

MONEY BACK GUARANTEE

  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. 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.

ACCESS ABUSE POLICY

  1. Your membership/access can only be used by you: Your membership/access is issued solely for your use, as your membership is personal to you and only covers your use of a gym. You are responsible for keeping your membership/access secure and confidential at all times.

  2. Use of membership/access is monitored: In the interests of the safety and security of all our members, use of memberships/ access is monitored and individuals may be asked to provide proof of identification.

  3. What we will do if we think your membership/access has been misused: Should we believe that your membership/access 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, that we believe your membership/access has been used by another individual or individuals and ask you to provide us with reasonable assistance to investigate the matter; 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 one or more of the steps set out in paragraph 4 below.

  4. Our Right to make additional charges and/or cancel your membership: If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your membership/access 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 PIN number was used by that individual/those individuals; and/or (b) in the event of serious misuse of your membership/access, for example, your membership/access 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.

  5. Your responsibility for another’s conduct: If we have reasonable grounds for believing that you knowingly provided your membership/access to another individual or individuals, in addition to our rights referred to in paragraph 4 above, we may hold you responsible for the conduct of the individual(s) while on our gym premises, and liable for any loss we suffer as a consequence of that conduct.

MISCELLANEOUS TERMS

  1. Members must be 18 or older.

  2. You agree to comply with the both these terms and conditions and our code of conduct which are readily available to read at ZONE SIX and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to our Code of Conduct at any time provided that we give you advance notice of the change.

  3. If we take no action or let you off 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.

  4. 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.

  5. There may be occasions where we have to close all, or part of, the gym of which you are a member. 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.

  6. 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. We will not be liable or responsible for outstanding monies paid to a Personal Trainer. Personal Training is arranged directly with the PT and not with Zone health and performance limited.

  8. As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.

  9. This agreement is governed by English Law.

  10. We may terminate this agreement with immediate effect on notifying you if you are in breach of our Code of Conduct or our Terms and Conditions.

  11. 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. Further, that you will advise us immediately should your circumstances change.

INFORMATION ABOUT US

  1. We are Zone Health and Performance Limited, trading as ZONE SIX – Health & Performance, and are a company registered in England and Wales. Our company registration number is 12839438.

  2. If you have any queries please contact us. You can contact us by e-mailing us at info@zonesix.co.uk

  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 at info@zonesix.co.uk. We will confirm receipt of this by contacting you by email.

PROMOTION TERMS

  1. Zone Health and Performance Limited reserves the right to end any promotion without warning at any time.

QUERIES

  1. If you have any queries about these terms and conditions, payments or specific details please email: info@zonesix.co.uk.

LIABILITY

  1. When we carry out any health assessments and exercise questionnaires we may identify possible problems with you taking part in exercise and recommend that you seek and obtain medical advice. We are not responsible if you ignore our recommendations and continue to exercise at our facility.

  1. Zone health and performance limited cannot guarantee that all the facilities at any club are available at all times due to maintenance issues and facility or equipment breakdowns or malfunctions. By law, we do not have to pay you compensation for any service, facility or equipment not being available (including, by way of example only and without limitation, for reasons of health and safety, or if the unavailability is for the benefit of our members generally) unless this was due to or caused by our negligence.

  2. By law, we do not have to pay you compensation for loss or damage you may suffer unless such loss or damage is caused by our negligence or failure to comply with applicable law.

  3. We will not pay you compensation if we have failed to carry out our duties due to:

    1. Your own fault;

    2. The fault of someone else who is outside of our control or who is not connected with providing our services under these terms and conditions; or

    3. Events outside of our control or which we could not have known about prior to their occurrence even if we had taken all reasonable care.

  4. We can make changes to the type of facilities we provide, and we will give you notice (where possible we will provide reasonable advance notice) of any such changes. We will not be liable for any loss or damage caused by these changes unless the loss or damage is caused by our negligence.

  5. You must make sure that you can do the exercise provided by any exercise programme you follow or any session you go to.

  6. You should consult your doctor before you start any exercise, exercise programme or class you attend and/or if you are not sure whether it is suitable and/or if you have a pre-existing illness or medical condition.

  7. We cannot accept liability for theft or for loss or damage to your property in the facility, including when using lockers, or areas surrounding the facility. It is your responsibility to ensure that your valuables are kept secure and that. Wherever possible, you should avoid bringing in valuables or large amounts of cash into the facility. Zone health and performance limited will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under the contract or otherwise.

  8. The member acknowledges that obligations and liabilities in respect of, are defined in this agreement and / or within regulations applicable to all users.

DATA PROTECTION

  1. Your membership with us is governed by the laws of England and Wales and, if you live in Scotland, by the laws of Scotland.

  2. We will only process personal information you give us in accordance with the applicable data protection laws and the Zone health and performance Privacy Policy. View our Privacy Policy here, https://www.zonesix.co.uk/privacy-policy-and-cookies. (This includes information on how we protect your information, who we are allowed to give it to and how to exercise any of your rights in relation to it.

  3. We will keep any clinical information you give us confidential and secure and only pass it to, or receive it from, those involved with your programme or treatment. By joining one of our membership options, you are giving us permission to share relevant clinical information that relates to your health goals between members of our staff.

  4. It is important that we hold the most up-to-date contact details for you. You are responsible for keeping all your personal contact details and choices for how you want to receive marketing materials up to date.

CHOICE OF LAW

  1. Your membership with us is governed by the laws of England and Wales or, if you live in Scotland, by the laws of Scotland. You agree that all disputes relating to your membership and or our agreement with you which we are unable to resolve between us will be subject to the non-exclusive jurisdiction of the English and Welsh courts or, if you live in Scotland, the Scottish courts.

  2. These terms & conditions were last updated in August 2021.

EXPULSION OF MEMBERS/GUESTS OR TERMINATION OF MEMBERSHIP

  1. Zone health and performance limited may expel members or guests or may terminate the membership of any member without notice and with immediate effect if the member’s conduct is deemed unacceptable by management.

  2. Whether or not such conduct is the subject of a complaint by another member or group of members is such in the reasonable opinion of Zone health and performance limited.

  3. It may be, but not limited to, a defamation to the character, name or interests of the studio or such that it renders the member unfit to associate with other members of Zone health and performance limited.

  1. A member whose membership is terminated by Zone health and performance limited shall forfeit all privileges of membership with immediate effect without any entitlement of any claim for any refund of their membership fee for any month remaining.

ZONE SIX FACILITIES

  1. Members who fail to attend prebooked activities may be charged a custom charge for the activity in question, or forfeit the session as part of their membership. There is a 3-hour cancellation on classes and a 3-strike rule before a charge is applied.

  1. Zone health and performance limited reserves the right to make reasonable alternatives to the type of facilities provided without notice and we 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, Zone health and performance limited, or parts thereof, may be closed. Any refund given as a result of closure will only be made by the sole discretion of the director or manager.

  1. We ask that all members use the facilities with respect and listen to any coaching or guidance from our experienced coaches/management to ensure facilities continue in good working order for all members to use. Continuous abuse of equipment or not listening to reasonable advice will result in termination of membership by Zone health and performance limited management

  2. We ask that all members are respectful to eachother and our employees to ensure good experience for those using and working in our facility. Failure to do so will result in termination of membership by Zone health and performance limited management.

HOURS OF OPENING

  1. Information in relation to Zone health and performance limited’s opening hours and hours of operation are available from us upon request. Such hours are lengthened or shorted at the absolute discretion of Zone health and performance limited with or without any prior notice being given to members. Zone health and performance limited shall endeavour to give members reasonable notice to change such hours.

  2. The facility is liable to be closed on certain days of the year, these include bank holidays, and a potential period of 14 days at Christmas. This is subject to change.