"Soulfitness Ltd (trading as Soulfit), referred to as 'we' or 'us' in this agreement."
PRINCIPAL TERMS
1. This agreement is an agreement between you and us
2. This agreement commences once you have indicated your acceptance in the in-gym or on-line sign-up process. If you did not sign up on the gym’s premises you have 14 full days after signup to cancel this agreement for any reason. To exercise this right, you must inform us of this by post, email or telephone using the details above. If you exercise this right to cancel, we will reimburse all joining and membership fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service during the 14-day period and expressly agreed to the service starting immediately, we may deduct a reasonable fee for the days used.
3. Your membership starts immediately unless you choose at the time of sign-up, a start date in the future (not available on all membership options).
4. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen, subject to your timely payment of the fees and charges set out below and the successful processing of your direct debit instruction.
5. Clubright provides direct debit payment services to you and administers our agreement with you, in consideration for which you agree to pay all the fees and charges associated with your Membership and set out below to Clubright (London and Zurich).
FEES AND CHARGES
6. The Joining Fee / Initial Payment is due and payable immediately on execution of the agreement and is non-refundable except in cases where we fail to provide services as described or on the valid exercise of your statutory cancellation rights, as set out in the Principal Terms above.
6.1 Your obligations to us include payment of the monthly Direct Debit payment amount. You are obligated to make the minimum number of Direct Debit Payments as indicated by the contract length you are presented and accept with during the sign-up process. For example, a “12-month contract” will require 12 x monthly Direct Debit payments. You are obligated to make every Direct Debit Payment regardless of usage, except where the Agreement is cancelled in accordance with the cancellation terms below or under your statutory cancellation rights, as set out in the Principal Terms above.
6.2 If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid, we will attempt to collect the payment via Direct Debit again, and if unsuccessful, we will contact you for alternative payment, unless we have agreed with you in writing a prior cancellation of this agreement.
7. You agree to advise us promptly of any change to the Members Details you provided.
8. If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third-party company for collection and recovery services. In addition to any costs and charges accruing under the terms of this agreement, If your account is passed to a third-party debt collection agency, you may be liable for reasonable administrative costs incurred in recovering the debt but not exceeding [£X].
PRICE ADJUSTMENTS
9.1 Right to Adjust Prices: We reserve the right to increase membership fees during the term of this Agreement, subject to the following conditions:
9.2 Notice Period: In the event of a price increase, we will provide a minimum of 30 days written notice to you before the increase takes effect. The notice will specify the new price and the date on which the increase will be applied.
9.3 Justification for Price Increase: Price adjustments may be made in response to factors such as, but not limited to, inflation, increased operational costs or changes in market conditions. We will provide an explanation for the price increase along with the notice.
9.4 Member’s Right to Cancel: In the event of a price increase, you may cancel your membership without penalty by providing written notice to us within 15 days of receiving the price increase notice. Cancellations will be effective at the end of the current billing period.
AUTOMATIC RENEWAL AND STANDARD CANCELLATION OF THIS AGREEMENT
10. Once you have completed the Minimum No. of Direct Debit Payments, we will automatically continue collecting the Direct Debit Payment Amount every month. Your membership will be extended by one month for each payment (“Renewal Period”). This renewal Direct Debit payment amount may only be amended if we advise you in writing giving not less than 30 days’ notice. Please note if your membership included the benefit of a free period then we will stop making collections during that free period and recommence making collections on the renewal date.
11. You may prevent the Automatic Renewal at any time by giving notice to us by email/app/in person/in writing or phone. We require 30 days’ notice of cancellation (you should give us not less than 30 days’ notice). If you advise us with less than 30 days’ notice, one further monthly payment will be taken by us before your cancellation becomes effective.
12. Once you have completed the Minimum Number of Direct Debit payments you can cancel your Automatic Renewal payments by contacting us by email/app/in person/in writing or phone. We require 30 days’ notice of cancellation (you should give us not less than 30 days’ notice). If you advise us with less than 30 days’ notice, one further monthly payment will be taken by us before your cancellation becomes effective.
EARLY CANCELLATION OF THIS AGREEMENT
13. Relocation: This agreement can be cancelled in the event that your new permanent address is more than 15 miles away from the facility upon receipt of a copy utility bill or bank statement showing the new address.
14. Long term (over 3 month) illness or injury: This agreement may be cancelled in the event of an illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for 3 months or longer upon appropriate proof being provided.
15. Redundancy: This agreement can be cancelled upon appropriate proof of redundancy from your employer or other loss of livelihood.
16. Pregnancy: This agreement can be cancelled if you become pregnant upon the appropriate written proof being given. Please note – ANY Cancellation for the above reasons will not be effected until the appropriate proof is provided and received by us.
17. Breach: This agreement can be cancelled if we are in breach of contract including if we do not provide facilities or services you may reasonably expect, and we have fallen well below that standard.
FREEZING
18. Temporary Illness or Injury: This agreement may be frozen in the event of a temporary illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for a period of time. Please note – ANY Freeze will not be effected until the appropriate proof is provided and received by us. Please note – A freeze period pauses payments and extends the membership term accordingly, unless agreed otherwise.
GENERAL TERMS
Soulfit provides unmanned access to gym facilities, meaning there is no on-site staff at all times. Access to the gym is granted via a key card or app-based entry system, and users are responsible for following all rules and guidelines set forth by the Gym.
MEMBERSHIP AND ACCESS
19.1 Membership Eligibility: You must complete the registration process, including providing accurate personal details, agreeing to these Terms, and paying the required membership fees.
19.2 Access to the Gym is only available to active, registered members.
19.3 Memberships are non-transferable, and access is limited to the individual member only.
19.4 Members must use their assigned entry credentials (key card or app) to access the facility. Lost or stolen credentials must be reported to the Gym immediately. Replacement of lost key cards may incur a fee of £10.00.
HEALTH AND SAFETY
20.1 Health and Medical Conditions: You should be in good physical health and capable of safely using the equipment. By using the Gym, you acknowledge that you have consulted with a physician and are fit for exercise.
20.2 The Gym strongly recommends a physical assessment before starting any exercise regimen.
20.3 If you have any existing medical conditions, injuries, or concerns, you are responsible for consulting a healthcare provider before using the Gym.
GYM USE
21.1 You agree to use all equipment and facilities safely and according to manufacturer instructions. You must refrain from using equipment in any way that could cause injury to yourself or others.
21.2 We are not liable for injuries unless caused by our negligence or failure to maintain equipment properly. All members use the Gym at their own risk.
EMERGENCY PROCEDURES
22. While there are no staff present in the facility at all times, emergency contact information and procedures are clearly displayed within the gym. In case of an emergency, you should immediately call emergency services (e.g. 999) and follow the emergency protocol posted in the Gym.
GYM RULES AND CODE OF CONDUCT
23.1 Members are expected to behave respectfully and professionally toward other gym users.
23.2 Disruptive or aggressive behaviour, including but not limited to harassment, violence, or illegal activity, is strictly prohibited and may result in termination of membership and a ban from the facility.
23.3 Members are responsible for their personal belongings while in the Gym. The Gym is not liable for any lost, stolen, or damaged items.
23.4 Lockers may be available for temporary use, but the Gym is not responsible for the contents of these lockers. You may bring your own padlocks if you wish to secure your belongs inside the lockers, padlocks are not provided by the facility.
23.5 You are required to clean the equipment after use, using the sanitizing supplies provided.
23.6 You must leave the facility in the same condition as you found it. Failure to do so, deliberate damage to equipment or failure to report faults may result in suspension or a fine.
UNMANNED FACILITY LIMITATIONS
24.1 The Gym operates without full-time staff supervision. The facilities may be accessed 24/7, but members should be aware that no staff will be present to assist with any questions or issues during their visit.
24.2 You are encouraged to use the facility in pairs wherever possible during unmanned hours.
24.3 Under 18s are not permitted to use the gym during unmanned hours without the supervision of an adult.
24.4 Video surveillance and security systems are in place to monitor the Gym and ensure safety. CCTV is monitored and recorded for safety purposes. Footage is stored securely and accessed only by authorised personnel in accordance with GDPR.
24.5 In case of equipment malfunction, members are encouraged to report the issue through the Gym’s mobile app or website. However, members should not attempt to fix any equipment themselves. The Gym is not responsible for equipment failures or delays in repairs.
24.6 In the event of issues with the app, keycard access, or other technology-related problems, members should contact the Gym’s support team for assistance. Temporary access restrictions may apply if system failures occur.
25. You agree to comply with the Rules of Membership which are displayed prominently in the Gym and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided we give you reasonable advance notice of the change.
26. 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.
27. 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. You may transfer your membership to another person provided that such person pay a Joining Fee signs an agreement with us and accepts the balance of any remaining Minimum No. of Direct Debit Payments.
28. We will do our best to resolve any disputes over this agreement. If you wish to take court proceedings against us, you must do so within the United Kingdom. Relevant UK law will apply.
29. If any part of this agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply
30. We may terminate this agreement with immediate effect on notice to you if you are in breach of gym rules (i.e. stealing or other criminal activities within the facility). If we terminate your membership due to a serious breach of our rules (e.g., theft or violence), you will not be entitled to a refund, except where termination is found to be unreasonable.
31.1 Right to Update Terms: We reserve the right to update, modify or amend these Terms and Conditions at any time during the term of this Agreement. Any changes will be communicated to you in writing, and the updated Terms and Conditions will be made available on our website.
31.2 Notice Period for Updates: We will provide a minimum of 30 days written notice prior to any significant changes to the Terms and Conditions. This notice will outline the specific changes being made and the effective date of the updated terms.
31.3 Member’s Right to Cancel: In the event that you do not wish to accept the updated Terms and Conditions, you may cancel your membership without penalty by providing written notice to us within 15 days of receiving the notice of change. Cancellations will take effect at the end of the current billing period.
31.4 Binding Nature of Updates: By continuing to use our services after the notice period for updated Terms and Conditions, you agree to the revised terms. If you choose to remain a member, you acknowledge that the updated Terms and Conditions are binding.