Terms and Conditions
1. Introduction
This is an Agreement between you (the “Member” or “You”) and Heaton Health and Sports
(“us”, “our” or “we”), a company registered in England and Wales, whose registered office is
Barley Cliff, Main Road, East Keal, Spilsby, Lincolnshire, PE23 4BB.
2. Starting your membership
2.1 Our joining process is an online process. Full membership prices and options can be
found on our website (www.heatonhealthandsports.com), to be selected by you as part
of the joining process.
2.2 By completing the online joining process and becoming a Member of Heaton Health and Sports, you are accepting all the terms and conditions in this membership agreement. You should only join if you have read them and accept them.
2.3 The Membership Agreement starts once you have accepted the terms during the online joining process. By accepting the terms, you are agreeing to pay the annual membership amount, monthly membership amount, or day pass amount. These are shown at the start of the joining process and before you confirm your payment instruction.
2.4 Your Membership starts immediately.
2.5 You agree to comply with the Heaton Health and Sports membership rules, and you agree to use the gym facilities and equipment correctly. You must consult a member of staff if you are unsure. We are not liable for any injury you may suffer through the incorrect use of our equipment or facilities.
2.6 You agree to tell us immediately of any changes to your details, including
contact information. This should be done on the online Member Portal.
2.7 You will be entitled to all rights and privileges set out in this Membership Agreement.
2.8 You cannot transfer this agreement to anyone else.
2.9 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 an event
that is outside of our reasonable control.
3. Member Health Agreement Declaration
3.1 As part of the process of applying for membership, you will need to complete the
Heaton Health and Sports Health Member Health Agreement Declaration. It is
important that the information you have provided is complete and accurate and your
continued use of the facilities is confirmation from you that you are capable of
engaging in exercise at the gym, and you do not think doing so would be detrimental
to your health, safety, comfort or physical condition.
3.2 You warrant, declare, and acknowledge that:
3.2.1 The information given by you in entering this agreement is correct and will be relied upon by us.
3.2.2 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 and comfort,
well-being or physical condition. Further, you will advise us immediately
should your health or vulnerability to injury change.
3.3 You are primarily responsible for your health and wellbeing, but we at Heaton Health
and Sports are concerned that you enjoy our facilities safely.
3.4 From us:
3.4.1 Whilst we will respect your decision over your training regime, we reserve the
right to ask you not to exercise beyond what we reasonably believe to be your
personal ability.
3.4.2 We shall endeavour to maintain a safe environment for you to enjoy your
exercise.
3.4.3 We shall endeavour to ensure that our fitness trainers and staff are qualified to
fitness industry standards.
3.4.4 We shall always keep confidential any information that you give us regarding
your health.
3.5 If you are a wheelchair or disabled user, we require you to have an induction at one of
our venues to ensure your safe use of our facilities and equipment.
4. Using the gym
4.1 You are entitled to access and use the gym defined by your Membership until
termination or suspension of that Membership under this Agreement.
4.2 As a member, you may access the facilities at certain times. These times are available to view at www.heatonhealthandsports.com.
4.3 You agree to comply with the Heaton Health and Sports Membership Rules which are
presented to you within the online joining process and relate to opening hours, use of
facilities, and your conduct. We may make reasonable changes to these Rules at any
time provided that we give you advance notice of the change.
4.4 We will make reasonable endeavours to make available to you the rights and
privileges of Membership of the gym or gyms you joined and have paid for. This
includes access to the gym and gym equipment, changing areas, and staff for general
advice. We will make reasonable endeavours to communicate to you in advance if we
are unable to make available to you the rights and privileges of Membership.
4.5 To ensure appropriate use of our gym, gym equipment, and facilities we may monitor
members’ use of our gyms. On occasions, we may deem your behaviour to be
potential abuse of the system, and if this occurs, we will communicate with you and give
you reasonable time to correct the behaviour before we may take action.
4.6 If we take no action or let you off any breach of this agreement, it will not stop us
enforcing the terms of this agreement strictly at a future date.
4.7 We may, with reasonable notice and at our discretion, close our premises for
reasonable periods of time to carry out maintenance, repairs, refurbishment, cleaning, or for other reasons outside of our control, including at least 2 days a year for
necessary maintenance or other work. We will endeavour to reopen facilities as soon
as is reasonably possible in these circumstances. You agree that you will not be
eligible for any refund for the temporary interruption in services during the period.
4.8 We reserve the right to increase, reduce, or withdraw certain facilities, services, or
activities as well as change opening times in the gym either permanently or
temporarily at any time. Where possible we will aim to give at least 1 week’s notice
of any changes.
5. Day Pass Membership Terms and Conditions
5.1 The Day Pass commences once you have completed the online joining process and
selected a start date.
5.2 The Day Pass will be activated on the start date you specified, running till midnight of
the specified start date.
5.3 You cannot transfer this Day Pass to anyone else nor transfer to another date.
5.4 Day passes can only be used once.
5.5 Day passes are non-refundable.
6. Changing your Membership
6.1 Membership types can be changed. Fees may apply. Details can be found on the
online Member Portal.
7. Payment
7.1 If your Membership has a recurring Annual Membership Amount, you agree to
maintain an annual Direct Debit instruction with your bank for the Annual
Membership Amount. Your first Annual Membership Amount is due on the date
shown at the end of the online joining process, and subsequent Annual Membership
payments will be due on the same day of each year until your Membership is
cancelled.
7.2 If your Membership has a recurring Monthly Membership Amount, you agree to
maintain a Direct Debit instruction with your bank for the Monthly Membership
Amount. Your first Monthly Membership Amount is due on the date shown at the end
of the online joining process, and subsequent Monthly Membership payments will be
due on the same day of each month until your Membership is cancelled.
7.3 If any payment due from you is returned unpaid or not honoured, we will notify you
of a missed payment. If despite us having notified you of a missed payment, further
payments are missed, we reserve the right to, at our sole discretion, either suspend or
terminate your membership, within 7 days upon having given you written notice of
our intention to do so.
7.4 Each payment made is not refundable under any circumstances.
7.5 You agree to advise us immediately of any change to the Members Details provided.
7.6 We reserve the right, at our discretion, to change your Annual Membership Amount
or Monthly Membership Amount. If this happens, we will notify you not less than 3
weeks before the change is made. You can cancel your membership within this
period, and if we do not hear from you within the period, the new Annual
Membership Amount or Monthly Membership Amount will apply automatically.
7.7 You agree to pay us the Annual Membership Amount or Monthly Membership
Amount regardless of whether there is any temporary interruption in services during
the period, foreseen or unforeseen. In circumstances where we are required to close or
restrict facilities for any reason, no refunds will be due.
8. Ending your membership
8.1 You have the right to cancel this Agreement within 14 days from the start of the
Agreement without giving any reason, but you must let us know you wish to do so
within 14 days. You may wish to email us or cancel through the online
Member Portal.
8.2 In case of dispute, you must show that you cancelled the Agreement in accordance
with the cancellation terms, but for these purposes it will be sufficient to show that
you sent your communication concerning your exercise of the right to cancel before
the cancellation period had expired.
8.3 After the 14-day cancellation period you may terminate your Membership at any time
by cancelling your direct debit mandate with your bank, or by contacting us if you pay
via recurring card payment. No refunds will be given for unused billing periods; if
you would like to continue using the gym until the end of your billing period please contact us before cancelling your payments, otherwise, your membership will cease
immediately.
8.4 We will terminate this Agreement and your Membership with immediate effect if you
do not pay any applicable Annual Membership Amount or Monthly Membership
Amount when it falls due.
8.5 We may terminate this Agreement and cancel your Membership with immediate
effect on notice to you if you breach any of the Heaton Health and Sports
Membership Rules. In this event, you will no longer be able to access the facilities and
we will not give you any refund.
8.6 If we do not terminate your Membership if you breach any of the Heaton Health and
Sports Membership Rules, or if we give you extra time to pay if you do not pay your
Annual Membership Amount or Monthly Membership Amount when it falls due, that
will not prevent us from subsequently enforcing the terms of this Agreement.
8.7 We may assign the benefit of this Agreement and our rights to a third party provided
we give you notice and your rights under this Agreement will not be prejudiced.
8.8 We consider the safety of our members and our staff to be paramount. We reserve the
right to refuse any application for Membership or terminate an existing Membership
where we consider that the Membership may pose a risk to the health and/or safety of
other members or staff. If this happens, we will notify you of this and refund all
unused Annual Membership Amount or Monthly Membership Amount.
9. Membership Rules
9.1 All Members must be aged 16 or over. Please note that you must provide on request
valid proof of age if we believe you to be under the age of 16. If you are unable to
provide valid proof of age on request your membership may be terminated.
9.2 You agree that you will comply with the Heaton Health and Sports Membership Rules
set out at clauses 9.3 to 9.7 whilst at the gym or on the premises. You also agree that
you will abide by such reasonable additional rules as may be displayed in the gym or
on the premises from time to time, and agree to abide by any such additional
instructions as may be reasonably specified by staff at the gym or on the premises on
a case by case basis. Failure to comply with these rules, may result in your
membership being suspended and/or terminated with immediate effect.
9.3 Rules of Conduct. You agree that you will:
9.3.1 Dress in a manner that is appropriate to the gym and to the activity you are
undertaking, and in particular avoid clothing that is overly revealing, offensive
to other members or staff, or is soiled or unhygienic;
9.3.2 Show consideration for other members and staff at the gym or on the premises,
9.3.3 Not use inappropriate, abusive, offensive or foul language;
9.3.4 Not behave in a way that is inappropriate, violent, offensive, or threatening to
any other member or the staff of the gym;
9.3.5 Not use, bring or be under the influence or illegal drugs in any part of the
gym’s premises;
9.3.6 Not be drunk in or about the premises,
9.3.7 Not behave in an anti-social or disruptive manner, including but not limited to
inappropriate or threatening behaviour, misuse of equipment or sexual or
illegal activities.
9.3.8 Not smoke or vape in any areas in the gym or on the premises.
9.3.9 Not interfere with any of the fire exits or fire extinguishers in the gym or on
the premises.
9.4 Gymnasium
9.4.1 When you join, you will be offered a comprehensive induction to teach you
how to use the gym equipment. Our advice would be to make sure you have
done this induction.
9.4.2 Any members who are under 18 will receive an induction and this must be
done before using the gym.
9.4.3 If you are a wheelchair user, disabled or have a health condition that affects
your ability to enjoy the facilities, we require you to have completed an
induction to ensure your safety and run through how to safely use our facilities
and equipment.
9.4.4 You must return weights back to their original place when finished, failure to
do so may result in your membership being terminated.
9.4.5 You must not misuse weights by dropping them on the floor, failure to do so
may result in your membership being terminated.
9.4.6 You must not take photographs or videos unless permission is sought.
9.5 Sauna and Jacuzzi spa
9.5.1 You must shower before and after using the sauna or jacuzzi spa.
9.5.2 You must not spend more than the recommended time in the sauna or jacuzzi
spa.
9.5.3 Shaving is not permitted in the sauna or jacuzzi spa.
9.5.4 Members and guests who have high or low blood pressure, heart problems,
asthma, or are pregnant must not use the sauna or jacuzzi spa. You must
consult a doctor before using the facilities.
9.5.5 Children under 8 years old are not permitted to use the sauna or jacuzzi spa.
9.5.6 Children should not be left alone to use any facilities.
9.6 Changing facilities9.6.1 We provide individual use, gender-neutral, inclusive changing rooms in the
gym. You must ensure all changing facilities are kept clean and tidy after use.
9.7 You will be liable for any damage caused to our equipment or facilities through your
negligent use.
10. Limitation of liability
10.1 When we ask you to complete the Heaton Health and Sports Health
Declaration 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 use the facilities.
10.2 You should consult your doctor before you start any exercise if you are not
sure whether it is suitable and/or if you have a pre-existing illness or medical
condition.
10.3 We are responsible to you for foreseeable loss and damage caused by us. If we
fail to comply with these terms, we are responsible for the loss or damage you suffer that
is a foreseeable result of our breaking the terms of this Agreement or failing to use
reasonable care and skill, but we are not responsible for any loss or damage that is not
foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or
if at the time the Agreement was made, both we and you knew it might happen.
10.4 We do not exclude or limit in any way our liability to you where it would be
unlawful to do so. This includes liability for death or personal injury caused by our
negligence of our staff, agents, or subcontractors, for fraud or fraudulent
misrepresentation, for breach of your legal rights in relation to the right to receive
services which are as described and supplied with reasonable care and skill.
10.5 We are not liable for business losses. We only supply the services for private
use.
10.6 We are not liable for valuables. We are not liable in any circumstances for
damaged, lost or stolen valuables whilst you are on the premises. We recommend that
no valuables are brought to the gym or on the premises.
11. Personal information
11.1 We will use the personal information you provide to us to:
11.1.1 Provide the services associated with your membership;
11.1.2 Process your payment for such services; and
11.1.3 To inform you about other products or services that we provide, but you may
stop receiving these communications at any time by contacting us.
11.2 We or our third-party payment agent may pass your personal information to
credit reference agencies. Where we extend credit to you by allowing payment by
direct debit or installment payment plan, we (or our third-party payment agent) may
pass your personal information to credit reference agencies and they may keep a
record of any search that they do. In addition, use of our third-party payment plan and
any payments you miss under it will be reported to credit reference agencies and may
affect your ability to obtain credit from lenders in the future.
11.3 We will only give your personal information to other third parties where the
law either requires or allows us to do so.
11.4 Under the General Data Protection Regulations, you have the right to request a
copy of the information we hold on you for us to delete it. If you wish to make a
request, please email us.
12. Other important terms
12.1 We are not responsible for things outside our control. If our performance of
our obligations under this Agreement is affected by an event outside of our control,
we will not be liable to you for this provided we try to work around the problem.
12.2 If any of the terms under this Agreement are invalid, unenforceable or illegal,
the remaining terms can still be enforced.
12.3 We may make reasonable changes to the Membership Rules or Membership
Agreement at any time. It is your responsibility to check online at regular intervals for
changes to these documents.
12.4 We may transfer this agreement to someone else.
12.5 Nobody else has any rights under this Agreement.
12.6 This Agreement is governed by the law of England and Wales.