MyPT Studio TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions shall apply to the use of the facilities and services provided by MyPT Studio of St Georges Walk, Croydon, Surrey, CR0 1YL.

 

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Gym” means MyPT Studio and reference to the Gym shall include reference to any and all facilities and services provided thereby and all staff thereof;
“Members” means members of the Gym and/or any of the services provided;
“Membership” means a membership of the Gym and/or any of the services provided;
“Membership Fees”

means the fee(s) due for Membership;

“Membership Package”

 

 

 

"1:1 Personal Training Services"

 

"MyPT 360"

 

"MyPT Cycle"

 

“Open Gym Membership”

means a grade of Membership as determined by the Gym for use in services such as 1:1 Personal Training Services, MyPT360, MyPT Cycle

 

 

means use of personal trainers on a 1 to 1 basis

 

means use of the pre-paid Group Training programme

 

means use of the pre-paid Cycle classes

 

means use of the gym during designated times

                                   

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;

1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions; and

1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

1.4 Words imparting the singular shall include the plural and vice versa.

1.5 References to any gender shall include the other gender.

1.6 If you access and use this Web site (the "Site"), you accept and agree to be bound by and comply with these terms (the "Terms"). If you do not accept the Terms, do not use the Site.

1.7 All products and services of MyPT Studio and its subsidiaries and affiliates are subject to the terms and conditions of the applicable agreements governing their use.

1.8 The Terms are to be read by you together with any terms, conditions or disclaimers provided in the pages of the Site. In the event of any conflict, the terms provided in the pages of the Site will govern. The Member’s rights as a consumer under consumer protection legislation from time to time in force shall not be affected by these Terms and Conditions.

1.9 The information, material and content provided in the pages of the Site (the "Information") may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly and your continued access or use of the Site will mean that you agree to any changes

 

2. Membership

2.1 In order to use the Gym an active Membership is required, unless visiting as a “guest” in which case the guest must be accompanied by a Member and may only use the class they are booked on for.

2.2 Membership shall be in accordance with a Membership Plan.  A Member’s use of the Gym must always be in accordance with their Membership Plan.

2.3 Membership Packages are available on a:

2.3.1 Flexible package, allowing the user a longer expiry date on prepaid sessions for MyPT 360 or MyPT Cycle

2.3.2 Lifestyle package, allowing the user a monthly pre paid sessions for for MyPT 360 or MyPT Cycle

2.3.3 Anyone buying one of these packages is entitled to buy an open gym membership but not obligated

2.3.4 All Packages and prices are clearly described on the website

2.4 Membership Plans may be upgraded at any time and Membership Fees due shall be increased accordingly.

2.5 In the event that a Member wishes to downgrade their Membership Plan, any such downgrade must be communicated to Manager/Director or relevant staff member 15 days prior to the month in question and completed the upgrade/downgrade form at reception.

2.6 Where a new Membership Package is chosen, the new Membership Package shall replace the original Membership Package and shall continue to run for the remaining duration of the original Membership Package.

2.7 Membership may be cancelled at any time with 15 days notice period required.

2.8 Membership may be suspended in the event of long-term illness, injury or pregnancy.  Members wishing to suspend their Membership should inform the Gym of the same no later than 15 days prior to start of the month in which they wish the suspension to take effect (for the purposes of this sub-Clause 2.9, “month” refers to a membership billing period and not necessarily a calendar month).

2.9 The Gym may require a medical certificate, doctor’s note or similar proof of illness or other incapacity for suspension under sub-Clause 2.9.

2.10 Membership may be suspended for reasons not covered by sub-Clause 2.9.  Non-medical suspension may be for a minimum period of one month up to a maximum period of 12 months.

2.11 Due to the bespoke nature of our services membership cannot be transferred to another person.

2.12 Members will be provided with membership cards at the start of their Membership.  No entry to the Gym or the use of its facilities will be permitted without a valid membership card.  In the event that a membership card is lost, a charge of £5 shall be payable for a replacement.

2.13 Members will be provided with log-in details to software used by the gym. This property must be used for proper purpose. Any member found to be using this service inappropriately may have their membership withdrawn without notice.

 

3. Membership Fees and Payment

3.1 Lifestyle Membership Fees are payable on a monthly basis

3.2 Flexible Membership Fees are payable on a one off payment

3.3 Membership Fees may be paid Online payment via Mindbody.

3.4 If Membership Fees are paid by Direct Debit and a Member wishes to change their bank or the account used to pay, the Member must inform the Gym of the new bank details and the date on which they wish the change to take effect.

3.5 The number of Membership Fee payments required shall be determined by the Membership Plan. Plans will become monthly rolling once this term ends - unless we are notified via email at least 15 days prior to payment date.

3.6 All Contracts will become monthly rolling once this term ends - unless we are notified via email (This email address is being protected from spambots. You need JavaScript enabled to view it.) at least 15 days prior to payment date.

3.7 Subject to suspension of Membership under sub-Clauses 2.9 or 2.11, Membership Fees shall be payable throughout the Membership irrespective of the Member’s use of the Gym.

3.8 Failure to make timely payment of Membership Fees shall result in a late payment charge of £10.

3.9 Members may be denied access to the Gym whilst any Membership Fees or other sums due remain outstanding.

3.10 In the event that Membership Fees remain unpaid for a period of more than 6 months, the Gym may refer the matter to a third party debt collection company.

3.11 All Credit Cards will be processed in British Sterling at the time of payment. The Gym is not responsible for any fees, charges, exchange rates or additional charges levied by individual financial institutions or Credit Card

 

 

4. Personal Trainers

4.1 Personal trainers all work on a freelance basis within MyPT Studio. All one to one personal trainer services are between the trainer and the client covered in the trainer/client agreement form. MyPT Studio are not liable for any issues with your 1:1 services, although we will take it upon ourselves to hold the highest standards.

 

5. Classes

5.1 All classes, workshops and similar events provided by the Gym must be booked in advance online on the website.  No priority is given and places are allocated on a first-come-first-served basis.

5.2 You may cancel/reschedule  your booking for free up to 6 hours before the booking time.

5.3 Cancelation within the 6 hours will be charged at the full rate, whether you attend or not.

5.4 If a class requires the payment of an additional fee over and above the Membership Fee, this must be paid at the time of booking.

5.5 If a class requires specific clothing, footwear, or other items which Members must provide, details of the class will specify such requirements.  Members who fail to comply with such requirements may not be permitted to participate in the class.

5.6 Members attending a class must arrive at least 10 minutes before the scheduled time of the class.  Members arriving later than this time risk losing their place in the class.

5.7 If a class involves a warm-up session, Members arriving after the warm-up session has begun will not be permitted to participate in the class for health and safety reasons.

 

6. Limitation of Liability

To the fullest extent permissible by law, the Gym’s liability for any loss or damage suffered by Members shall be limited to that which arises out of the negligence of the Gym’s employees, sub-contractors or agents.

 

7. Links/ Software

Links from or to web sites outside the Site are meant for convenience only. The Gym does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and The Gym will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and The Gym is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

 

8. Privacy Policy

Thank you for visiting MyPT STUDIO. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

Note: the privacy practices set forth in this privacy policy are for web sites within the MyPT STUDIO portfolio. If you link to other third party web sites, please review the privacy policies posted at those sites. The MyPT STUDIO is not responsible for how data or information is treated/handled by any third party web site that is linked to from our sites.

Data Protection

The Gym will not share Members’ personal data with any third parties for any reasons without the prior consent of the Member concerned.  Such data will only be collected, processed and held in accordance with the Gym’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.

Collection of Information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill you specific request. This information is only used to fulfil your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Distribution of Information

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

 

9. No Waiver

No failure by the Gym to enforce any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions.  Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

 

10. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

 

11. Law and Jurisdiction

11.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

11.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

12. Refunds

12.1 1:1 Personal Training refunds are subject to the Client/Trainer agreement. Unfortunately no refunds will be given for sessions that have been carried out or cancelled within the 24-hour notice period. Refunds on pack sessions are subject to the PT's own discretion and may require a doctors note or proof of change in circumstances.

12.2 Group Personal Training refunds are subject to Managers discretion. No refunds will be given for sessions attended or missed. No refunds will be given on monthly memberships or pack sessions. Full refunds will be given to participants should a session be cancelled within 24-hours notice.

13. Guarantees

Guarantees are offered on certain services and, where included, these guarantees are subject to minimum compliance on the programme.

Minimum criteria includes:

  • 90% attendance in the recommended number of sesssions on your programme
  • 90% adherance to the nutrition programme (if offered as part of the programme)
  • Initial Health Assessment
  • Follow up Health Assessment

14. Business definitions and ownership.

MYPTstudio Croydon Ltd - Reg number 09609918 - Danny Wallace

Personal Training Croydon Ltd - Reg number 10719404 - Ursula Toland

PT Studio Croydon Limited - Reg number10529106 - Fran Lidbury