Terms and Conditions

FLY Fitness Ltd Website Terms and Conditions

Information about FLY Fitness Ltd and Relevant Terms

This website is provided and operated by FLY Fitness Ltd, a Company Limited by Guarantee Registered in England Number 10956764 and whose registered address is at FLY Fitness Ltd, 3-4 Bath Street, Bath, BA1 1SB.

If you have any questions regarding this website, our operations or products and services please contact us at the above address.

References to “website”, “site”, “App” or Application” means the FLY Fitness Ltd website, and all products and services and associated websites and terms which are a part of or can be accessed via this website. In these terms and conditions, the expressions “we”, “us” and “our” are a reference to FLY Fitness Ltd and its affiliates. In these terms and conditions, the expressions “you”, “member” and “customer” are a reference to members and customers who join FLY Fitness Ltd and use our facilities.

Accessing Our Site

Please read these Terms and Conditions carefully before using our website. By accessing or using the site in any manner or by submitting data online to us, you accept and agree to comply with these terms and conditions. If you disagree or do not accept compliance with these legal terms in full, you should leave the website immediately and should not submit any data to us online.

Changes to this Agreement

We reserve the right to replace or revise these terms and conditions without notice at any time. It is your responsibility to check and to ensure compliance with these terms periodically as they are legally binding on you.

From time to time, we may restrict access to some parts of our site, or our entire site, or limit access to users who have registered with us. We will not be liable if for any reason our site is unavailable at any time or for any period.

We may terminate your access to and use of this website at any time without cause or notice.

Site Changes

We may update or change the content of our site at any time. If necessary, we may suspend access to any products or services, or remove them indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Third Party Websites

This site may contain links to other websites (third party sites). Any third party sites are not owned or controlled by us. We are not responsible for any content or privacy practises associated with third party sites. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Featured Information

This website is for information only. All features and information provided by us are provided in good faith. FLY Fitness Ltd has used reasonable care and skill in compiling the content of this website but makes no warranty that the information we provide is reliable, accurate or complete and cannot accept liability for any errors or omissions. You accept that any such information provided by us is general information and is not in the nature of advice.

From time to time you may see information or references to medical or health information and services. Information contained in this website is for information purposes only and is no substitute for proper medical diagnosis or treatment and you should consult your doctor if you have any questions or concerns relating to your health or in connection with any medical condition.

Disclaimer

We do not accept any responsibility for any loss or damage that may arise directly or indirectly from the use of the website and or any of the information contained in any of the materials on this website.

These terms and conditions are governed by and construed in accordance with English Law.

The content on this website is directed solely at those who access it from the United Kingdom mainland. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside the UK. If you choose to access this website from other outside the UK, you are responsible for ensuring compliance with local laws if and to the extent local laws are applicable.

If any part of this notice and disclaimer is deemed unlawful, void or for any reason unenforceable then that part will be deemed severable from the whole and will not affect the validity and enforceability of the remaining parts.

Content

All content on this website including text, graphics, logos, icons, sound recordings and software is owned or licensed by us. This website is protected by copyright. Under these terms and conditions, you may not in any form reproduce any part of this website or commercialise any information, products or services taken from any part of this website, without the prior written consent of FLY Fitness Ltd.

Data Protection

We are committed to taking appropriate measures to protect your personal data and fully comply with Data Protection Legislation. However, information submitted to us over this website is unprotected until it reaches us. Accordingly, you agree that any information submitted to us is submitted at your own risk. Additionally, you agree that once received, your registration data and certain other information will be used in accordance with our Privacy Policy. For further details of how we will use your personal information, and to see our use of cookies, please review our Privacy Policy.

FLY Fitness Membership Terms and Conditions

Membership

Your agreement is with us, FLY Fitness Ltd, registered in England & Wales (Company No. 10956764). These terms and conditions form part of your agreement with us, and replace any previous terms and conditions.

You must comply with and agree to the rules and regulations that apply to FLY Fitness Ltd whenever using our gym facilities.

These terms and conditions must be complied with alongside the FLY code of conduct.

FLY Fitness Membership Types

For any types of memberships not listed within these terms and conditions, contracts will be issued separately.

The Ultimate Gym Membership

This is a 26 week contract which will commence on the day the you completes your membership application. The Ultimate Gym membership cannot be cancelled within the 26 week period. At the end of the initial 26 week period, The Ultimate Gym membership contract term will automatically convert into a rolling 4 week contract. If you wish to cancel your contract before it converts then a notice to quit must be provided 4 weeks before the end of the initial 26 week term. The 4 week contract membership fees are collected on a weekly basis as per the initial 26 week contract. You can cancel your 4 week rolling contract with a 4 week notice period. Any claims to agreements to the contrary of the above must be supported in writing from a director of FLY Fitness Ltd.

Students/NHS get a 10% discount on the Ultimate Gym Membership only. A valid Student ID card/NHS Card must be produced within 7 days of signing up. If a valid ID is not presented, the account will automatically convert to the full price membership amount on the current rate. Once the student status expires the account will automatically convert to the full weekly membership price.

Flexi Pass

Non-members can access both the open gym and classes based on a pay as you go basis. Flexi passes can be purchased as a singular Flexi pass, 10 Flexi passes or 30 Flexi passes. If a single Flexi pass is purchased it must be used within 7 days of purchase. If a 10 or 30 Flexi pass is purchased, the passes must be used within 6 months from the purchase date.The expiration date of these passes can not be amended. A single Flexi pass can be used on either the open gym OR a class. If you wish to use both the gym and attend a class in one visit this will require two Flexi passes. FLY Fitness Ltd has the right to reserve the use of changing areas and lockers for members only. Gym members take priority during busy times. Classes must be pre-booked. If the booked class is not attended, the class pass will still be used and will not be refunded. Flexi passes are non- refundable and non-transferrable.

The Gym Only Membership

This is a 26 week contract which will commence on the day the you completes your membership application. The Gym Only membership cannot be cancelled within the 26 week period. At the end of the initial 26 week period, The Gym Only membership contract term will automatically convert into a rolling 4 week contract. If you wish to cancel your contract before it converts then a notice to quit must be provided 4 weeks before the end of the initial 26 week term. The 4 week contract membership fees are collected on a weekly basis as per the initial 26 week contract. You can cancel your 4 week rolling contract with a 4 week notice period. Any claims to agreements to the contrary of the above must be supported in writing from a director of FLY Fitness Ltd.

Student and NHS discount is not available for this type of membership.

Fees

Our membership fees are calculated on a weekly basis. You must provide a current, valid, accepted method of payment for use by FLY Fitness Ltd. We will automatically bill the weekly membership fee to your chosen payment method each week until your membership is cancelled or terminated. FLY Fitness Ltd do not accept American Express.

Membership Billing Cycle/ Recurring Billing Cycle

By signing up to a membership with FLY Fitness Ltd, you authorise us to charge your chosen account on a weekly basis at the current rate. Increases in the current rate will be notified with 2 week’s notice. We will inform you of any changes via e-mail.

When you sign up to a FLY membership, you will be charged for the first week. The subsequent weekly fees will be billed automatically on the same day the following week. After the initial commitment period is over, your membership will automatically convert to a rolling 4 weekly membership and the automated weekly billing will continue until the membership is terminated either by you, or by us. There is a 4 week notice period to terminate a membership once the initial term has ended.

No Refunds

Unless expressly stated to the contrary herein, or as provided by applicable law, payments are nonrefundable and non-transferrable, and there are no refunds or credits for partially used periods. Any claims for contracts to be ended early or refunded must be supported with written proof from a director of FLY Fitness Ltd.

Payment Methods

Customers/ members can update their payment method information by logging into their account and updating accordingly. Alternatively this can be done in person at the reception.

Failure to Pay

If your weekly fee collection fails for any reason, FLY Fitness Ltd will contact you via the contact details provided. For all failed payments a £25 administration fee is applicable and will be automatically collected from your account.

FLY Fitness Ltd will re-attempt collection of unpaid fees until the payment has been successfully taken. The member is responsible for any charges imposed by your bank in connection with any failed payments or attempts.

If a payment is not successfully settled on account in accordance with these Terms (see Ending Membership) the customer is contractually responsible for paying the membership fee until the end of the contract term, and until a sufficient notice to quit has been provided by the customer.

If at any time a membership account is in arrears, members will not be allowed to enter or use the facility.

FLY Fitness Ltd will appoint a debt collection agency to collect any unpaid membership fees; with the member liable to pay any costs associated with this process, including legal/ court costs/ interest accrued.

All members are liable to pay their fees for the duration of their contract.

Membership Freeze

FLY Fitness Ltd provides the opportunity to freeze your membership for one period per year at a cost of £35, to be paid in advance of the membership freeze. Multiple freeze requests will not be approved.

All freeze requests must be sent memberships@flyfitness.co.uk.

Freeze requests are available for up to three (3) consecutive 30-day periods (i.e. 30, 60 or 90 days). Upon expiration of the freeze period, your account will automatically reactivate and regular membership payments will resume. If you chose to cancel your membership during the freeze period, the standard 4 week written cancellation notice requirement stated in your membership agreement is applicable and a final full 4 week’s payment will be required before your membership can be terminated. If you choose to reactivate your membership after it is cancelled, membership rates in effect at the time of reactivation will be applicable (membership rates are subject to change).

Membership freeze requests must be submitted no less than 14 days before the required freeze start date. The 14 days must cover two fee collection dates. Membership freeze requests received with less than 14 days notice cannot be processed until after these payments have been made. All membership payments are non-refundable.

Ending Your Membership

To terminate your membership you must send written notice to memberships@flyfitness.co.uk. On receipt of your notice, we will issue a cancellation form which must be completed and returned, either via post or email, in order for the termination request to be completed and finalised. If you are still within your initial commitment period, your membership will terminate on the last day of this commitment period, as long as notice is given at least 4 week’s in advance to this date. If you decide to end your contract with us, we will confirm the details of the contract termination in writing within 10 days via email. This confirmation will include details of the date your membership will end.

Ending Your Membership Early

At any time, you are entitled to end your membership ahead of the initial commitment period if any of the following apply: You are suffering from a serious illness or injury. You lose your job or are declared insolvent. You move further than 20 miles away from the gym, provided you do not already live this far away on initial sign up. You are relocated in your employment to a location that is more than 20 miles away from the gym. If any of the above circumstances applies you must give 4 week’s notice to end your membership. We will require proof of circumstance to support the cancellation. To end a membership early you will need to email memberships@flyfitness.co.uk with a written request to end your membership early.

Our Right To Cancel

We have the right to cancel your membership at any time without giving notice if; you break the terms of your membership agreement; you allow another person to use your membership card to access the gym; you use aggressive, offensive or discriminatory language to speak to FLY Fitness Ltd staff or other members of the gym; you display violence towards any FLY Fitness Ltd staff or gym members. If we cancel your membership under any of the above terms you will not be able to re-join as a member of FLY Fitness again in the future, nor will you be allowed access to the premises.

Changes To Your Membership Terms

We reserve the right to change our membership pricing plans at any time. If we plan to change membership fees and this will directly affect you, we will give you notice in writing of at least 2 weeks before the changes are due to take place.

Membership Cards

Membership cards are encrypted with your personal data and an ID photograph and will track your entry into and exit from the gym. Your membership card is personal to you and cannot be used by anybody else. You must bring this card with you every time you visit. If you forget your membership card the reception team may not be available to grant access as the reception is sometimes unmanned. If you lose your membership card, you must let the reception team at the gym know as they must deactivate your card and issue another. There will be a £5 charge for a replacement cards. If your membership card is found to be used by somebody other than you we are entitled to cancel your membership immediately, unless you have previously notified us of that card being lost or stolen.

Classes

Most classes on our timetable are included within each membership package. At certain times we may offer additional classes that run as part of a course or that are on a one-off basis, these classes may incur additional fees and it is our right to advertise and charge these fees accordingly. Members will be able to book on to classes online, via our app, over the phone, or in-person at reception and will receive email notification of booking confirmation. Classes can be booked up to 7 days in advance. Members will be able to cancel their class booking up to 4 hours before the class is due to begin.

If you are unable to make a booked class, we ask that you cancel at least four hours in advance of the class start time. If you do not cancel your place within this time frame then you will automatically receive a £3 charge onto you account. This is non-refundable and non- negotiable.

Children

Members must be 16 or over to attend the gym.

If attending a parent and baby class, babies are classed as pre-walkers only. There is no facility to store prams within the gym, babies must either be in a car seat or carrier. There are no baby change facilities within the gym space. Babies must remain within the studio and for health and safety reasons are not allowed to go anywhere else in the building, this includes the changing room facilities. Parents should come to the parent and baby class already dressed for said class. If attending a class, babies are only allowed in the building during the allotted class time.

Liability

Attending FLY is at your own risk. FLY Fitness Ltd accepts no liability whatsoever for physical injury relating to attending the gym or classes within the gym. By signing these terms you understand that FLY Fitness will not always have a member of staff within the building, and you understand that help will not always be available to assist if injury arises. FLY Fitness Ltd accepts no liability or responsibility for loss or damage related to leaving belongings in the changing rooms, lockers or elsewhere in the gym. By becoming a member of FLY you accept these risks. Members will be given the opportunity to receive a gym induction before using the facilities when they collect their membership card. This induction is voluntary. If the option of gym induction is not utilised by the member, the members use of the gym and its full facilities is at their own risk. If induction is utilised by the member, the members use of the gym and its full facilities is at their own risk.

Privacy

Your privacy is important to FLY Fitness Ltd, the FLY Fitness Ltd Privacy Policy is hereby incorporated into these Membership Terms and Conditions by reference. Please read the privacy policy carefully for information relating to FLY’s collection, use, and disclosure of your personal information.


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