TERMS AND CONDITIONS

These are the terms and conditions of membership of Oxygym Health and Fitness Club incorporated in the membership agreement between the Company and each member. The applicant is advised to read the whole of this agreement carefully. This agreement is made between you and Oxygym Ltd.

1. THE APPLICANT.

Whereas the applicant wishes that Oxygym should assess his/her health and fitness level and when demanded prepare an exercise programme designed with the intention to improve his/her fitness level. And whereas the applicant fully understands the following - that the exercise programme is designed to place and increasing workload on the applicant cardio respiratory system and that the reaction of his/her cardio respiratory to the exercise programme cannot be predicted with complete accuracy and that there is a risk that adverse effects may be experienced by the applicant before, during or following participation in the exercise programme including abnormalities of blood pressure or heart rates.
The purpose of the exercise programme is to develop and maintain cardio respiratory fitness, body composition, flexibility, muscular strength and endurance and that a specific exercise programme will be offered and given to those members that desire it in reply to the lifestyle assessment.
The company reserves the right to vary the terms and revoke the terms and conditions from time to time and to make, vary or revoke any bye laws which it may consider necessary or desirable for the regulation of internal affairs of the club and the conduct of members or guests.
Details of membership categories are available on request and are detailed on the Company website.

2. TERMS

The applicant will be responsible for monitoring his/her own physical condition throughout the exercise programme and should any unusual symptoms occur he/she must immediately.
- Refrain from any further participation in the exercise programme until otherwise instructed
- Inform a member of the Oxygym staff.
- The applicant declares and warrants that the information given in the lifestyle assessment is complete and accurate and that as a result they know of no reason why they should not engage in an exercise programme prescribed however strenuous
- The applicant shall at their own expense obtain written confirmation from their own general practitioners that they are in good health and suitable to take part in the exercise programme, if deemed necessary by a member of the Oxygym staff; or if themselves regard it essential or necessary.
- The applicant shall notify Oxygym of any changes in their physical condition that renders the replies to the lifestyle assessment incorrect in any respect by immediately informing a member of the Oxygym staff of any changes that have occurred.
- The applicant enters the exercise programme entirely at their own risk.
- The applicant will not deviate from the exercise plan in any manner.
- The applicant enters the exercise programme entirely at their own risk.
- The applicant warrants as follows - Neither Oxygym Limited, Oxygym employees, or other employees, servants or agents (including every independent contractor) shall in any circumstances whatsoever be under any liability to the applicant for any loss, damage or injury (including death) whether accidental or otherwise, arising during or resulting from participation in the exercise programme. And without prejudice to the generality of the foregoing provisions every exemption, limitation condition an liability herein is entitled hereunder shall also be available and shall extend to protect every such employee, servant or agent of Oxygym Limited and for the purposes of all foregoing provisions of this paragraph Oxygym Limited shall be deemed to be acted as trustee or agent on behalf of, and for the benefit of all, all persons who are, might be, its employees, servants or agents from time to time and al such persons shall to this extent be or be deemed to be parties to this agreement.
- The applicant will comply with rules and instructions relating to the use of the fitness equipment and other facilities.
- The applicant hereby authorises Oxygym Limited to obtain any additional information which it may require in relation to the applicant and their exercise programmes and use on Oxygym Health and Fitness Club from their General Practitioner.

3. CONDITIONS OR PRE-PAID SUBSCRIPTION

Pre-paid subscription is valid from the date of issue and is not refundable.
Admission will not be granted unless a valid membership card is presented at reception at every visit.
Fitness users must comply with any induction (unless otherwise they have strictly declined an induction on the basis that they believe their knowledge and experience to be sufficient to ensure correct and safe use of equipment and facilities at all times) and the appropriate lifestyle assessment questionnaire.
The fitness subscription and benefits may change from time to time.
In the event of losing your membership card a replacement will be issued for a fee of £5.
Your membership card is not transferable. You must not allow anyone to use your membership card. Cards being used by any other persons will result in your membership being terminated.
The management reserves the right to reject any applicant or withdraw without refund and subscription in the event of failure to comply with the subscription conditions.
The management reserves the right to vary subscription conditions from time to time.
Prices are reviewed annually.

4. DEFAULTS

Any member who misses a subscription payment in the following way will be classed as a defaulter.
- a member who cancels their standing order with the bank without complying with the notice set out in these terms and conditions.
- a member who has insufficient funds.
- a member who provides incorrect bank details
- a member who defaults will be notified in writing by the club requesting payment. Further notification will be sent to the defaulting member if payment remains outstanding. If payment is not met after the second notification the Company may as an option, use the services of a debt collection agent to recover any outstanding payment (including any associated court and collection costs).
- a defaulting member who has provided incorrect bank details will be informed by the club that payment has not been made. The defaulting member must pay the outstanding payments by cheque and cash within 4 weeks.
Outstanding account arrears will be payable before reinstatement of subscriptions.

5. STANDING ORDERS

Monthly standing orders are a fully binding contract between Oxygym Limited and that member and will automatically continue.
Proof of partner residing at the same address is required at the time of registration or renewal.
Partner is defined as people cohabiting together as partners in life, or as parents and offspring living at the same address.
Concessionary monthly standing order payers are required to show proof of eligibility at the time of joining. Notification of a change of circumstances must be made; failure to do so will result in subscription being revoked.
Cancellation of a standing order after the first mandatory 12 month period must be supported in writing to the Directors of Oxygym Limited. Verbal communication is not accepted as notification of cancellation. Oxygym Limited is not liable for any refund of any monies should the receipt of the cancellation/amendment be delayed.
Unless otherwise stated memberships are for a minimum period of one year.
Monthly subscription fees must be paid in accordance with these terms and conditions irrespective of whether or not the member uses the Club or not.

6. SUSPENSIONS OF SUBSCRIPTIONS

Subscription suspension will only be considered if the member cannot continue participated for medical reasons. This will need to be supported in writing from your Doctor and will only apply from the date of your letter. A letter from your Doctor will be required on your return to fitness. Such suspensions are strictly at the discretion of the Directors of Oxygym Limited.
Monthly Fees will automatically be cancelled upon notice of a member's death and the Company shall refund any payments made in respect of any remaining months of membership.

7. REJOINING AND RENEWING

Where a member has outstanding funds due to the Company he will not be permitted to rejoin until he had paid all such outstanding sums.
Members whose membership is due for expiry after 12-months will be written to outlining the membership options. This will be backed up by a telephone call within 10-days of receipt of the letter.

8. LIMITATION OF LIABILITY

The Company cannot be held responsible for ant service or equipment not being available for whatever reason. The Company reserves the right to make alterations to the types of facilities provided, without notice and in its absolute discretion and the Company shall not be liable for any loss occasioned by such alteration except insofar as such loss is by law capable of exclusion.
It is the member's responsibility to ensure that he is capable of undergoing a routine of exercise either provided by a programme provided by a Company employee or devised and provided by the member either directly or by another party, or a class that he attends. Members are advised to consult their doctor prior to beginning any programme or class if unsure.
The Company accepts no liability for loss or damage to property of members or guests on the Club premises or in the car park except insofar as such loss or damage us by law incapable of exclusion.

9. MEMBERSHIP CARDS

Membership cards must be presented and swiped as requested on each visit to the Club. Failure to do so may result in a fee of £5 being demanded.
Membership cards can only be used by the person for who it was issued.
Any member who loses his card will be required to purchase another at a cost of £5.

10. GUESTS

Members may bring guests into the club for them to trial the facilities with a view to potentially joining. Members are responsible for the actions and conduct of their guests at all times and must ensure that they comply with the rules of the club at all times.

11. SUNBEDS

Members and guests should, prior to their first session, familiarise themselves with the HSE advice on "Controlling Health Risks from the use of UV Tanning Equipment" copies of which are displayed in the club.
Advice on Sun tanning can be obtained from a qualified fitness professional employee.
Members and guest are reminded that the Health and Safety Executive recommends no more than 20 sunbed sessions (3 minute sessions) per individual user.

12. LOCKERS

Personal belongings are brought onto the club premises at the members risk and the Company does not accept responsibility for any loss or damage whatsoever to such items. For security reasons members and guests are advised to store personal belongings and valuables in the lockers that are provided for the convenience of members and guests. Lockers are provided on a daily basis and any items left overnight will be removed the following day.

13. DRESS

Members and guests are required to wear a form of dress that is appropriate, for example a training top, shorts/leggings and suitable shoes. Members should ensure at all times that their training shoes are clean and do not deposit dirt in the club.

14. OXYGYM GENERAL RULES

Respect other members at all times
Wipe down equipment after use using the disposable towels and sprays provided.
Replace all equipment including free weights after use.
Wear a towel, shorts etc. at all times when using the sauna.
Do not take water into the sauna and do no pour water over the sauna coals.
Oxygym and its surrounds including the car park and gardens is a strictly no smoking area.
Anyone caught taking illegal substances or banded drugs will be subject to immediate termination of membership.
Appropriate disposal of your litter in the litterbins provided.
Oxygym Limited cannot be held liable whatsoever for any damage howsoever caused to any members or visitors property on the premises including the car park areas.
Members are required to give written notice to the Company of a change of address.
The Company reserves the right to refuse admission without explanation.
A member may with consent of a Director reassign their membership and its full obligation to another person.
The Company may communicate with a member through electronic mail provided the member gives and e-mail address to the Company. The Company will not be liable for ant loss or damage suffered as a result of communicating with a member using electronic mail.
Junior Members under the age of 16 are only allowed membership provided that either their parents or a responsible adult is a member. In such circumstances the conduct and behaviour of these juniors is the full responsibility of that responsible adult at all times. The company cannot be held liable in any way for any loss, damage to property or person including the death of that junior. It is a clear contract between the member and the Company that is the member who takes such full and explicit responsibility.
Access to classes is a prerogative of senior members. Junior members will only be allowed to access if places are available on the day of the class. Normal booking procedures for classes then apply.
Classes. Members have 7-day priority booking (except in the case of juniors, see 15 above). Non0members may book for classes only on the day of the class and provided that such spaces are available.
All coaching within the club is controlled by the company and should be arranged with its knowledge and consent. No other coaching is permitted without the permission of a Director.
In the event of a fire alarm, members must leave by the nearest exit and proceed to the side car park. Cars must be parked in the allotted areas and must not block access or service roads.
Smoking is not allowed in the club or its grounds.

15. RESPONSIBILITY OF ADULT MEMBERS

The adult member is responsible for their own behaviour and the behaviour of their children and other children at their care whilst on the premises at all times, whether or not the child is accompanied by the adult member.

16. NOTICES

Any queries on membership should be addressed to the Membership Secretary, Oxygym Health and Fitness Club, Cowpen Lane, Billingham TS12 4JE.

These terms and conditions do not affect your statutory rights.
If any provision of these Terms and Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidability, unforceable, or unreasonable it shall to the extent of such illegality, voidness, voidability, unenforceability, or unreasonableness be deemed severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect.

These terms and conditions shall be governed by the laws of England and the parties under any agreement made pursuant to these terms and conditions irrevocably submit to the exclusive jurisdiction of the English Courts.