Waiver
Please agree to a waiver
This Waiver and Release Agreement (“Agreement”) is entered into by the undersigned (the “Customer”) in favour of Mintfit Leisure Limited T/A the Office Gym Club is a limited liability company, (collectively the “Operator”).
1. The Operator operates a fitness studio providing instruction, facilities and equipment for activities that help Customers with body toning, development and fitness.
2. Customer wishes to receive instruction from the Operator, and assistance with body toning, development and fitness, and to use the Operator’s facilities and equipment in receiving such instruction.
3. The Customer agrees that Customer will use ordinary and reasonable care in using the Operator’s facilities and any equipment provided, will exercise reasonable caution in engaging in any of the activities to avoid risk of injury to the Customer and other customers using the facilities and equipment, and respect the property rights of the Operator and other customers while engaging in any of the body toning, development and fitness activities at the Operator’s facilities.
4. The customer hereby agrees to waive, release, indemnify, defend and hold harmless the Operator from any claims arising out of or connected to or with the Customer’s use of the Operator’s facilities or equipment while receiving instruction regarding, or participating in any of the body toning, development and fitness classes provided by the Operator.
5. The Customer hereby waives, releases and holds harmless Operator, and their respective of directors, employees, agents, successors, and/or assigns (collectively, the “Releasees”), from any and all claims, actions, liability, causes of action, demands, judgments, rights, costs and expenses or whatever nature and kind the Customer may have or may hereafter have or acquire including, but not limited to, personal injury, death, property damage or loss, arising out of or in any way related to or connected with the Customer’s use of the Operator’s facilities or equipment and participating in any body toning, development and fitness classes provided by the Operator.
6. This Agreement shall become effective and binding upon its agreement by the Customer.
Our Full Terms and Conditions
Updated: 17/11/23
SECTION A – RULES OF MEMBERSHIP
This sets out the terms and conditions of use of the two parties, Mintfit Leisure Limited trading as the Office Gym Club (us) and the member (you)
- Training waivers must be accepted or are taken as accepted, if users go ahead with a membership and use the gym – this is our contract with you. Wavers must be completed before a membership option is purchased. Purchase of a membership option implies that a waver is accepted.
- Month–to-Month Memberships can be cancelled upon 14 days’ notice. Upfront discounted term contract deals are non-refundable nor can be paused.
- Payment of the membership fee is made by Direct Debit or card payment on a monthly basis. If your membership is terminated by either party, no refund will be due. Exceptions on a newly commenced contract apply, check SECTION B – MONEY BACK GUARANTEE
- Training cannot commence without the acceptance and set up of a contract plan, or payment of a pass or prepaid package. This includes the circumstance where training commences before a later chosen contract membership date or monthly plan freeze that has been requested by you. See section B PRINCIPAL TERMS
- If payment has not been received for a contract plan, then your membership will be deemed effectively to have been terminated by you and you will not be allowed to access the gym. A missed payment administration fee of £20 applies as from October 2022. See B FEES AND CHARGES
- All users must check in. Failure to check in is breach of door entry procedure as well as Health and Safety legislation, and may result in membership cancellation.
- The Office Gym Club reserves the right to suspend or terminate the privileges of members who do not conform to the rules set out. Furthermore, the Office Gym Club adopts a zero-tolerance policy regarding inappropriate conduct. Such conduct may include (but is not limited to) loud, boisterous or obscene language and/or gestures, impromptu group training, offensive language, profanity, abusive language, lewd conduct, harassment, attempts to reprimand club employees, or conduct that would be deemed bothersome, as well as any conduct that may endanger the best interest of the Club, its employees, members or guests. Members are also responsible for the conduct of any guests i.e. through the guest pass scheme.
- You are required to use the equipment in a responsible manner. For the health and safety of all members you are required to tidy away free weights, bars, benches and portable equipment after use to where it belongs. At busy times, be considerate to other members and keep your use of CV equipment to no more than 20 minutes. Persistent failure to do this will result in you being asked to leave and your membership being terminated.
- FREE WEIGHT AREA. Proper workout attire is required and please wipe down equipment and benches after use. No food or drink, except bottled water and energy drinks. No glass containers. Return all weights to racks after use. Never lean Olympic weights against walls. Do not drop weights. Always use collars with bars and plates. Make sure all seats are secured and all pins in place. Safety bars/blocks on cage rack and the smith machine are to be used when training solo.
- Machines should be used for their designated purpose only and left in a condition for someone else to use. This means you may want to consider bringing a training towel or use paper towel and spray provided to wipe down equipment after use.
- Showers and toilets should be left tidy and, in a condition, fit for other members to use.
- Fair shower room use policy and gym use mis-alignment. The shower rooms are provided for occasional use after a gym session. A membership is for the use of the gym and our contract with you is to provide training facilities. A membership is not being provided for the gym in order to be used to stand in as a bathroom facility ie. whilst camping, home renovation or van/camper van living. Such abuse will result in instant membership termination without refund and constitutes breach of contract with us.
- Smoking or vaping is not permitted anywhere on club property including parking areas.
- Damaged or failed equipment must be reported immediately.
- You must wear appropriate clothing for training in a gym. Clean trainers must be worn. Workwear and boots are not permitted. Strictly NO worn stringers nor bare chests. We reserve the right to charge you for cleaning up.
- Inviting and letting others through the key coded door to the use the facilities free of charge whilst the premises are unattended may result in your membership cancelled or charges and costs being recovered. See Section B DOOR ABUSE POLICY for a full definition, procedure, and our rights.
- Animals (except for qualified service animals such as guide dogs and medical dogs, for persons with disabilities,) are not permitted in the Club.
- Members cannot post or circulate commercial advertisements in or around the Club, nor can they solicit funds.
- Members receiving unauthorised personal training may have their membership cancelled. Unauthorised people providing personal training will be asked to leave the club and future membership(s) will be suspended or cancelled. Personal training at this gym is by arrangement, checks and carries rental fees. This includes online coaches or online personal trainers (this means an online trainer broadcasting to you by virtue of using our broadband/ our business premises). We demand that an online personal trainer pays a contribution of £29 per month towards the upkeep of facilities, administration and cover costs. Non-payment and/or failure to register details and sign a privacy declaration protecting our members will result in your membership being terminated. Any legal costs surrounding a member's data breach will be born by you.
- The gym is NOT fully supervised outside office hours. Therefore, members must act responsibly with regards to their health and safety and to that of others. Under no circumstances should you undertake activity which could result in potential injury to yourself or others or that would result in the damage of equipment. Mintfit Leisure Limited may pursue for costs.
- CCTV Cameras monitor and record the gym floor. MintFit Leisure Limited is registered and complies with IFO regulations on monitoring. These protections do not transfer to your use or others using a mobile phone camera (27)
- The Office Gym Club is at times unsupervised, always tell someone you have gone training with us.
- You will always work within the realms of your own capabilities and health.
- We accept no liability for the loss or damage of your personal possessions.
- Parking is available free of change whilst using the gym ONLY. Areas are privately operated. We do not accept any liability for loss or damage to your vehicle. Vehicles left in the car park (i.e., when not using the gym) will be subject to a £30 daily parking fee, by prior arrangement contact bookthegym@gmail.com. A formal car park operated for a fee is elsewhere at site if you wish to leave a car.
- Water is available. You will need to bring your own drinking bottle. Please do not mix protein powders inside the gym or shower rooms.
- Social media. Strictly no filming or photographs that results in other members being included in images or footage without their knowledge. The gym does not allow cameras and lighting equipment into the club without prior permission and in many circumstances carry payment to us. Regarding social media filming or photography around others: consent must be sought from members in the room.
- Any bullying or derogatory media towards other members is completely unacceptable and will result in your membership being immediately terminated. You agree that all legal costs due to any legal action or process, including any costs incurred by us, would be born solely by you in such circumstance.
- Social media and mis-aligning gym visits that degenerate into or for the purpose of filming and photography. In the circumstance where media shots or filming represents a hazard or an obstruction to the club or leaves any part of the facility untidy, you will be asked to leave which may also result in losing your membership. Our contract with you is the delivery of training facilities not studio space.
SECTION B – MEMBERSHIP TERMS & CONDITIONS
PRINCIPAL TERMS
- This agreement commences once you have indicated your acceptance and payment.
- You can choose to delay the start date of your membership by up to 1 month. If you want to bring this date forward, please contact us at bookthegym@gmail.com and we will be more than happy to discuss your options. Please do note, however, that the terms in the Money Back Guarantee section of these terms may then apply in that situation.
- Any pauses agreed have a maximum of 3 months. A membership will be cancelled beyond a 3 month short term period.
- This agreement will become binding on you and us when we contact you to confirm your membership application has been accepted, at which point a contract will come into existence between you and us.
- You will be entitled to all the rights and privileges set for the type of membership chosen.
- You cannot transfer this agreement to anyone else
DIRECT DEBIT OR CARD PAYMENT FEES AND CHARGES
- The Joining Fee (if one is payable) and first month’s membership fees are collected from you by us either via instant payment at time of purchase, or by Direct Debit approximately 5 working days from your membership application date. Joining fees may be applied to cover the initial administration costs associated with setting up a new membership and direct debit agreement.
- If you are looking to switch type of membership, in certain circumstances there may be an admin fee charged at the point at which you upgrade. Any cost will be clearly shown on the plan description.
- Your second Direct Debit/card payment for monthly membership fees only will be collected one month after you joined. Subsequent Direct Debits/payments for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.
- If any Direct Debit or card payment is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £20. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either to suspend or terminate your membership, upon having given you written notice of our intention to do so. We may present an option to reduce the administration fee if the outstanding amount is paid online within 7 days of becoming due.
- You agree to advise us immediately of any change to any details provided.
DIRECT DEBIT OR CARD PAYMENT PRICES
- From time to time, we may need to increase the price of membership. We will give you at least 1 full months’ notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice, then the price of your membership will be increased in accordance with our notice.
TERMINATION
MONTHLY DIRECT DEBIT OR CARD MEMBERSHIPS
- You may terminate your membership with 14 days’ notice. Please inform us via bookthegym@gmail.com.
- In the above circumstances your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.
PAID UPFRONT MEMBERSHIP PLANS
- Upfront discounted membership plans are non-refundable, they are a contract for a set membership period.
- You cannot freeze/pause your membership on an upfront discounted membership plan.
MONEY BACK GUARANTEE
- As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of starting a monthly plan. However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you select to commence your membership immediately, or you ask us to start your membership early, you agree that if you subsequently cancel your membership within the 14 day period, you will be refunded any monies paid, less an amount for the membership you have already used commencing from the first day after joining.
DOOR ABUSE POLICY
- Access to the door codes can only be used by you: i.e., the code is issued solely for your use, as your membership is personal to you and only covers your use of a gym. You are responsible for the codes. The codes always remain our property.
- Use of gym entry is monitored via CCTV.
- Members must agree to check in on entry.
- The opportunity to bring a guest in at £9 per day or £22.50 per week is available. Payment must be made at the desk, a QR code sheet is to hand and payment must be completed prior to training. The area is CCTV monitored and transaction notifications are received by the company. Minfit Leisure Limited does not offer free trials.
- What we will do if we think door codes or barcodes has been misused: Should we believe that the door codes have been used by another individual or individuals we may (in our discretion) decide to investigate. If we do so we will: (a) inform you, via email, that we believe that codes or that doors have been left open for non-members or another individual or individuals and ask you to provide us with reasonable assistance to investigate the matter; and (b) following our investigation we will contact you, via email, to inform you of our findings and our proposed course of action, which may include one or more of the steps set out in 6 below.
- Our Right to make additional charges and/or cancel your membership: If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that free access was allowed, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have : (a) to apply a penalty charge to your membership fees (and increase your direct debit payment(s) accordingly). A penalty charge of £9 (or equal to a guest daily pass) plus £20 admin fee for each occasion on which access was used by that individual/those individuals; and/or (b) in the event of serious misuse of the door locks, for example, the codes have been used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your membership with immediate effect, and no refunds will be given. Mintfit Leisure Limited may pursue for all costs leading to a locksmith reset.
- Your responsibility for another’s conduct: If we have reasonable grounds for believing that you knowingly provided your access to another individual or individuals without payment, or allowed unauthorised entry following your entry to the gym in addition to our rights referred to in paragraph 6 above, we may hold you responsible for the conduct of the individual(s) while on our gym premises, and liable for any loss we suffer as a consequence of that conduct.
GUEST DAILY OR WEEKLY MEMBERSHIP TERMS & CONDITIONS
PRINCIPAL TERMS
- A guest membership commences upon payment.
- The pass will be activated upon purchase and run till midnight that day or at day 7 for a weekly membership.
- You will be entitled to all the rights and privileges exercisable.
- You cannot transfer this temporary membership to anyone else nor transfer to another date.
- Guest memberships may be used in part payment against a full membership.
- Guest day or week passes are non-refundable.
- Guests must sign in at the check in iPad
- Guests will register their details as well as confirm their agreement of a waiver
SECTION C – GENERAL TERMS & CONDITIONS
MISCELLANEOUS TERMS
- Members must be 18 or older.
- You agree to comply with the Rules of Membership in section A. We may make reasonable changes to these Rules at any time if we give you advance notice of the change.
- 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.
- 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.
- There may be occasions where we must close all, or part of, the gym of which you are a member. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency. We will use all commercially reasonable endeavours to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.
- 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 any event that is outside of our reasonable control.
- We will not be liable or responsible for outstanding monies paid to a Personal Trainer nor are responsible for any arrangements. Personal Training is arranged directly with the PT.
- As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
- This agreement is governed by English Law.
- We may terminate this agreement with immediate effect on notifying you if you are in breach of the Clubs Rules set out in Section A.
- 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, comfort, wellbeing or physical condition. Further, that you will advise us immediately should your circumstances change.
INFORMATION ABOUT US
- The Office Gym Club is a trading style of Mintfit Leisure Limited. We are a company registered in England and Wales. Our company registration number is 13444015 and our registered office is at New Trevibban Farm, Wadebridge. PL27 7SE
- If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing you can send this to us by e-mail to us at bookthegym@gmail.com. We will confirm receipt of this by contacting you by email.