TT FITNESS
Terms & Conditions

1.1 Your agreement is with us, TT Fitness Leicester a private company limited by guarantee, registered in England.

1.2 These terms and conditions form part of your agreement with us and replace any previous terms and conditions. Your membership agreement with us is made up of:

1.2.1 your completed membership agreement form;

1.2.2 these terms and conditions or, if you join on-line, the membership agreement terms described in section 1.8 below; and

1.2.3 the terms of centre use described in sections 1.4 and 1.5 below.

1.3 These documents together form a legal, binding agreement between you and us, so please make sure that you read them carefully and understand them. If you have any questions, please ask a member of our team at the gym.

1.4 You must comply with and agree to the rules and regulations that apply at the gym (the terms of gym use).

1.5 All our memberships are monthly memberships. In these terms and conditions, monthly means every calendar month. A full calendar month starts on the first day of the calendar month and finishes at the end of the last day of that calendar month. When we refer to month in these terms and conditions, we mean a full calendar month.

2.1 Your agreement commences on the start date set out on your membership agreement.

2.2 When your membership starts, you will need to make the payments set out on the membership agreement. You cannot use the gym until you have made the payments set out and set up your direct debit (if you are paying by direct debit).

2.3 If you join part way through a month or year, we will work out any proportional monthly fees that may apply and set out on your membership agreement that you have to pay and the payment method.

3.1 We offer various types of membership to persons aged 16 or over.

3.2 The gym facilities available to you and the amount you pay will depend on the type of membership you have chosen. 

3.3 Each of the memberships will fall into one of the following categories:

3.3.1 An individual membership – the agreement is with you only.

3.3.4 A discounted membership – corporate, blue light card or student

3.4 The following discounted memberships are available. All discounted memberships are subject to you providing adequate proof of eligibility:

3.4.1 Corporate Discounts – if the business you work for or with has an agreement with us for corporate memberships and you are eligible. It is your responsibility to inform us if you work for a business that is eligible for corporate membership or a discount at the centre. We are not responsible and will not refund any subscriptions if you later change to a discounted rate that you were previously eligible for. If at any time you are no longer eligible for a discounted membership, for example because you no longer work for that business, we will upgrade you to a standard monthly membership rate and will give you not less than one calendar month’s prior written notice of the change.

3.4.2 Student Discounts – you are eligible for this if you are in full-time education and have a valid, in date,  student card.

3.4.2 blue light card Discounts – you are eligible for this if you have a blue light card registered to you.

3.5 Please see section 4 below for the different payment options available to you.

3.6 We are not responsible for or will not refund any subscriptions if you later change to a discounted rate that you were previously eligible for.

4.1 For each of the payment options set out below.

4.2 As stated above, all our agreements are monthly agreements. The monthly membership fee you pay will depend on the type of membership you choose, the payment option you select and the minimum number of complete months you commit to be a member for.

4.3 The types of payment options we offer are as follows:

4.3.1. Standard monthly

(a) With this payment option, you commit to be a member and paying the monthly membership fee for at least one full calendar month; and

(b) After the full calendar month has elapsed, your membership continues on a monthly basis, but you can cancel it in line with section 8.

4.3.2. 6-month monthly membership

(a) With this payment option, you commit to be a member, and to paying the monthly membership fee, for at least 6 full calendar months and pay the monthly membership fee for that period. In return for this, you get a discounted monthly membership fee for the 6 full calendar months. At the end of the 6 calendar months, your membership will automatically continue on a monthly basis; and

(b) Under this payment option, during your 6-month commitment period you will not be able to downgrade to a lower level of membership, and you will not be able to cancel your membership during this period except for the reasons set out in section 8.

4.3.3. 12-month monthly membership

(a) With this payment option, you commit to be a member, and to paying the monthly membership fee, for at least 12 full calendar months and pay the monthly membership fee for that period. In return for this, you get a discounted monthly membership fee for the 12 full calendar months. At the end of the 12 calendar months, your membership will automatically continue on a monthly basis; and

(b) Under this payment option, during your 12-month commitment period you will not be able to downgrade to a lower level of membership, and you will not be able to cancel your membership during this period except for the reasons set out in section 8.

4.3.4. prepaid

(a) With this payment option, you commit to be a member for 12 full calendar months and to paying all your membership fees upfront when you join or renew. In return you will receive a discount on your membership fee. We will endeavour to contact you near the end of the 12-calendar month period to let you know that your commitment period is coming to an end; and

(b) If you want to commit for a further 12 full calendar months, you must renew your 12-month commitment period before the 15th day of the final month of your then current commitment period. If you do not renew or change to one of our other payment options, we will assume that you want to cancel your membership and your membership will end at the end of your then current commitment period; and

(c) If you commit for a further 12 full calendar months in exchange for a discount, the membership fee for the next 12 full calendar months may have changed. We will tell you this before you commit again; and

(d) Under this payment option, during your 12-month commitment period you will not be able to downgrade to a lower level of membership, and you will not be able to cancel your membership during this period except for the reasons set out in section 8.

4.4 If you choose a particular payment option and decide to upgrade your membership, you must pay any extra fees which apply (as set out in your membership agreement).

5.1 Unless you have chosen our prepaid payment option or a monthly cash option, you must pay your monthly membership fee in advance every month by direct debit.

5.2 We may, entirely at our discretion, accept other payment methods to start, restart, transfer or upgrade your membership.

5.6 When you or your bank tell us about a change to your bank account details, we may ask you to create a new direct debit mandate.

6.1 This section is about what will happen if you do not pay your monthly membership fee or any other fees or charges you have agreed to pay because:

6.1.1 The account details you gave us for the direct debit are wrong; or

6.1.2 There is not enough money available in your bank account; or

6.1.3 You have cancelled your direct debit without giving us the correct notice period (see section 11 of these terms and conditions)

6.2 If the account details, you gave us for the direct debit are wrong:

6.2.1 We will ask you to pay by cash, debit card or credit card and to give us your correct bank details. You will also be asked to complete a new direct debit mandate.

6.2.2 While you owe us payments you will not be allowed to enter or use the gym. Once your payments are up to date you will be allowed to enter and use the gym. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.

6.3 If there is not enough money available in your account:

6.3.1 We will ask you to pay by cash, debit card or credit card. If, after the second month we have contacted you, you still owe us the payment, we will cancel your membership from the end of that month or, if you have a discounted monthly membership, at the end of your commitment period. Where a direct debit payment has failed or been refused, we may attempt to obtain payment through the same direct debit. You are responsible for any charges imposed by your bank in connection with any failed payments or attempts.

6.3.2 While you owe us payments you will not be allowed to enter or use the gym. Once your payments are up to date you will be allowed to enter and use the gym. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.

6.3.3 If you are not in a commitment period with us, we will take the first month you fall into arrears as deemed notice to cancel your membership.

6.4 If you have cancelled your direct debit without giving us notice:

6.4.1 We will ask you to pay by cash, debit card or credit card. If you are not within any commitment period you agreed to, we will cancel your membership from the end of the following month and your account will remain in debt until the outstanding payment is made.

6.4.2 While you owe us payments you will not be allowed to enter or use the gym. Once your payments are up to date you will be allowed to enter and use the gym. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.

6.5 We may appoint a debt collection agency to collect any payments you owe us, and you may have to pay any costs associated with this, including legal and court costs and interest. Or we may choose to take the payments owed from your credit card or debit card using the credit card or debit card details you have given us, and you hereby authorise us to do so.

7.1 Any member may apply for their Membership to be frozen by emailing a request via fitnessfactoryleicester@gmail.com or speaking to a Gym Manager for the following reasons only. We may require you to produce proof which is satisfactory to us of any of these reasons that you are relying on to freeze your membership, in accordance with section 14 of these Terms and Conditions. A membership can only be frozen for a minimum of 1 month and a maximum of 6 months.

7.1.1 Pregnancy

7.1.2 Serious illness

7.1.3 Serious injury

7.1.4 relocating out of Leicester

7.2 Freezing your membership is not the same as cancelling your membership – freezing is a temporary suspension; cancellation is terminating your membership. To cancel your membership, you must follow the procedure described in section 8 below.

7.5 When you request us to freeze your membership, you will need to tell us when you plan to resume your membership and return to the gym, although your membership can start again before this date if you let the gym know. We will automatically start your membership again, and start taking any direct debits, on the date you tell us you want your membership to resume.

8.1 To cancel your membership you must send your notice via email to the gym requesting cancelation. 

8.2If you cancel your membership, when we receive your notice, we will send you an acknowledgement email to confirm the date that your membership will end. If you do not receive this acknowledgement, you must assume that we have not received your cancellation notice and you must contact us and send a further cancellation notice to us.

8.3 You may cancel your specific type of membership in the following ways:

8.3.1 Standard monthly – if you have chosen, or changed to, our standard monthly payment option, you can cancel your membership by giving us one full calendar months’ notice by email. 

8.3.2 discounted monthly – if you have chosen, or changed to, our discounted monthly payment option, you must give us one full calendar month’s written notice to cancel your membership. 

8.3.3 Prepaid – if you have chosen, or changed to, our prepaid payment options, we will cancel your membership at the end of your membership commitment period unless you renew your membership commitment period. 

8.3.4 A corporate membership – if you have a corporate membership and are no longer eligible for it (for example, because the agreement we have with the business you are associated with or employed by ends, or you are no longer associated with or employed by that business), you may change your membership to our individual standard premier membership and you will no longer be entitled to receive the discounted corporate fees. We will tell you when your eligibility ends. 

8.3.5 6-month monthly membership – if you have chosen, or changed to, our 6-month monthly payment option, you must give us one full calendar month’s written notice to cancel your membership at the end of your 6-month membership commitment period. This membership type can only be cancelled during the commitment period if a cancelation fee of £45 is paid. 

8.3.6 12-month monthly membership – if you have chosen, or changed to, our 12-month monthly payment option, you must give us one full calendar month’s written notice to cancel your membership at the end of your 12-month membership commitment period. This membership type can only be cancelled during the commitment period if a cancelation fee of £50 is paid.

9.1 We may cancel your membership at any time by giving you one month’s notice by email. 

9.2 We may freeze your membership at any time (we will not charge you monthly membership fees while your membership is frozen) or cancel your membership without giving you notice, if:

9.2.1 We, in our professional opinion, consider that you are not medically or physically able to use our facilities safely, or;

9.2.2 You seriously or repeatedly break the conditions of your membership; or

9.2.3 You allow another person to use your membership card to gain access to the gym; or

9.2.4 If you use offensive, abusive, or discriminatory language or use or threaten violent, offensive, or intimidating behaviour or conduct at the gym, or if your behaviour or conduct does or, in our reasonable opinion may, put our employees and/or other members and/or guests at risk; or

9.2.5 You do or attempt to provide, offer, engage in, advertise, or promote, whether or not for payment or other reward, at the gym any activities or services which do or may compete in any way with any activities or services provided, offered, engaged in, advertised, or promoted by us or our authorised personnel, including but not limited to personal training or other training, coaching or instruction to any individual or group.

9.3 If we cancel your membership under section 9.1 or 9.2, we will not allow you to join any of our centres in the future and you will not be allowed to enter any of our centres.

9.4 If we receive official notice (for example, from the executors of your Will or from your bank) that you have died, we will immediately cancel your membership and refund any fees you have paid for the remaining membership commitment period.

10.1 We may, at any time, withdraw and/or substitute a type of membership or a payment option for new members or members who want to change, restart, or renew their membership or payment option.

10.2 From time to time we may change our monthly membership fees. We will try not to change the fee more frequently than once in a calendar year, and to ensure that any change is reasonable, but we cannot guarantee this. We will tell you about any change that will apply to you and will give you at least one full calendar months’ notice before the change comes into effect. Please see your payment options for details of how fee changes will affect you.

10.3 We may, without notice to you, make reasonable changes to these terms and conditions if the changes are for the benefit of the majority of our members at your home centre or across our networks of centres generally. 

11.1 We operate a private members club and membership is at the sole discretion of our management. We do not have to state or provide you with reasons for refusal of membership.

11.2 We may, at any time, refuse to permit you to become a member, or terminate your membership if you are already a member, if we have reason to believe that your behaviour or conduct does or will, or in our reasonable opinion may, put our employees and or/members at risk.

12.1 Where you have cancelled your membership, you may restart your membership again at any time. 

12.2 You will not be able to restart your membership until you have paid all amounts you owe us for your previous membership (if any), and we can refuse to let you restart your membership again until you have done so.

12.3 If your membership was cancelled by us due to reasons in section 9, you will not be able to restart your membership with us.

13.1 If we cannot provide all the services and facilities at your home centre for 30 consecutive days or more, or services and facilities are significantly reduced for 30 consecutive days or more, for reasons or events beyond our reasonable control, you or we can freeze your agreement immediately by written notice. By law, we do not have to pay you compensation in these circumstances. However, we will try, where reasonably possible, to let you use another of our centres.

13.2 Reasons or events beyond our reasonable control could include, for example, but are not limited to natural disasters, government actions, war, national or regional emergency, acts of terrorism, protests, riot, fire, explosion, flood, an epidemic and strikes or other labour disputes (not relating to our workforce).

14.1 We may need to transfer (assign) all or part of your agreement to another company. We can do this as long as your rights under the agreement are not adversely affected or materially reduced.

15.1 We may need you to provide proof, which is satisfactory to us, of:

15.1.1 Your eligibility for a specific type of membership, either before your membership starts or at any time during your membership; or

15.1.2 Your entitlement to cancel or freeze your membership; or

15.1.3 Any email you sent to confirm cancellation or the date you posted your cancellation notice, or both.

15.2 If you cannot provide satisfactory proof, for example you cannot prove the date of postage of your cancellation notice, we will not be able to cancel your membership and your membership may continue unless and until you do provide us with a proper and effective cancellation notice.

15.3 If you cannot provide satisfactory proof of your eligibility for a particular discounted membership, we will automatically upgrade you to the full rate and inform you in writing in line with the direct debit guarantee.

15.4 We will require a photograph to be taken as proof of identity and to be held against your membership record to validate entry.

16.1 We will send all letters, emails, communications and information to the address and other contact details you have given us on your membership agreement. You must keep us up to date with any changes to your address or other details.

16.2 If at any point we find that you have provided us with an incorrect name, address or other details which are not your own, we may cancel your membership and prevent you from joining or attending the gym in the future.

17.1 If you have any queries about these terms and conditions, payments, or specific details please speak to staff in the gym.

17.2 If you have lost your membership card, you will need to buy a replacement membership card.

18.2 By law, we do not have to pay you compensation for any service, facility or equipment not being available (including, by way of example only and without limitation, for reasons of health and safety, or if the unavailability is for the benefit of our members generally) unless this was due to or caused by our negligence.

18.3 By law, we do not have to pay you compensation for loss or damage you may suffer unless such loss or damage is caused by our negligence or failure to comply with applicable law.

18.4 We will not pay you compensation if we have failed to carry out our duties due to:

18.4.1 Your own fault;

18.4.2 The fault of someone else who is outside of our control or who is not connected with providing our services under these terms and conditions; or

18.4.3 Events outside of our control or which we could not have known about prior to their occurrence even if we had taken all reasonable care.

18.4 You must make sure that you can do the exercise provided by any exercise programme you follow or any class you go to.

18.5 You should consult your doctor before you start any exercise, exercise programme or class you attend and/or if you are not sure whether it is suitable and/or if you have a pre-existing illness or medical condition.

18.6 We cannot accept liability for theft or for loss or damage to your property in the centre or the car park unless that theft or loss or damage was caused by our negligence. It is your responsibility to ensure that your valuables are kept secure and that you use the lockers provided. Wherever possible, you should avoid bringing in valuables or large amounts of cash into the centre.

18.8 Nothing in these terms and conditions excludes or limits our liability for:

18.9.1 Death or personal injury caused by our negligence or that of our staff; or

18.9.2 Fraud or fraudulent misrepresentation; or

18.9.3 Any other liability which we cannot by law exclude or limit.

19.1 We will only process personal information you give us in accordance with the applicable data protection law. 

19.3 It is important that we hold the most up-to-date contact details for you. You are responsible for keeping all your personal contact details and choices for how you want to receive marketing materials up to date.

20.1 Your membership with us is governed by the laws of England and Wales or, if you live in Scotland, by the laws of Scotland. You agree that all disputes relating to your membership and or our agreement with you which we are unable to resolve between us will be subject to the non-exclusive jurisdiction of the English and Welsh courts or, if you live in Scotland, the Scottish courts.