Introduction
1.1 Your agreement is with us, The Project Health and Fitness a private company limited by guarantee, registered in England & Wales (Company No. 12178040).
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:
Your Membership Agreement Form
These Terms & Conditions
Late Cancellation/ No Show Policy
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.
1.4 You, must comply with and agree to the rules and regulations that apply at The Project.
1.5 The terms of use are available to view at The Project. They include the full rules of using The Project.
1.6 All our 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.
Starting your agreement
2.1 Your agreement commences on the start date set out on your membership purchase form.
2.2 When your membership starts, you will need to make the payments set out on the membership agreement form. You cannot use The Project until you have signed your membership agreement form, made the payments set out on the form, and set up your direct debit (via GoCardless).
2.3 You may need to pay a part-payment when purchasing a membership part way through a calendar month, details of which will be set out on your membership agreement form.
Types of membership
3.1 We offer various types of membership to persons aged 16 or over.
3.2 The Project facilities available to you, the amount you pay and the times when you can use the centres will depend on the type of membership you have chosen. The membership type you have selected will be shown on your membership agreement form.
3.3 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.
Your membership fees
4.1 The cost of your membership will depend on the type of membership you have chosen (see section 6 below).
4.2 We will set out all amounts that you need to pay for your membership on your membership agreement form.
4.3 If you are unsure about the fees and any additional charges that you are paying, please speak to a member of our team.
4.4 During your membership, you must pay your membership fees whether or not you actually make use of The Project.
4.5 When your membership ends for any reason, and we have taken the final payment from you, you are responsible for cancelling your direct debit. You should not cancel your direct debit before your membership has ended, as if you do so we may be unable to collect any remaining payments you owe. In such event, we will contact you about this.
Payment options
6.1 For each of the payment options set out below, all the monthly fees and any additional charges could change in line with section 14.
6.2 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 types of payment options we offer are as follows:
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 11.
Payment methods
7.1 You must pay your monthly membership fee in advance every month by direct debit.
7.2 You must sign a direct debit mandate form at or prior to the start of your membership and we will take your payment on or around the first working day of each month.
7.3 We may, entirely at our discretion, accept other payment methods to start, restart, transfer or upgrade your membership.
7.4 When you or your bank tell us about a change to your bank account details, we may ask you to sign a new direct debit mandate form.
Failing to pay
7.1 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:
The account details you gave us for the direct debit are wrong; or There is not enough money available in your bank account; or You have cancelled your direct debit without giving us the correct notice period (see section 11 of these terms and conditions)
7.2 If the account details, you gave us for the direct debit are wrong: We will ask you to pay by cash, debit card or credit card and to give us your correct bank details. While you owe us payments you will not be allowed to enter or use The Project. Once your payments are up to date you will be allowed to enter and use The Project. You will still have to pay all monthly membership fees.
7.3 If there is not enough money available in your account:
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. 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. While you owe us payments you will not be allowed to enter or use The Project.
Once your payments are up to date you will be allowed to enter and use The Project. You will still have to pay all monthly membership fees.
7.4 If you have cancelled your direct debit without giving us notice:
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. While you owe us payments you will not be allowed to enter or use The Project. Once your payments are up to date you will be allowed to enter and use The Project. You will still have to pay all monthly membership fees.
7.5 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.
7.6 Any failed payments for any reasons above will be subject to a £6 admin fee upon re-submission for payment.
Freezing your membership
8.1 We do NOT offer the facility to Hold/Freeze monthly memberships.
Your right to cancel your membership
9.1 Cancelling your membership during the cooling-off period?
If you have purchased your membership online, you have a legal right to change your mind within 14 days of joining and receive a refund. The 14-day cancellation period commences the day of your membership start date which is stated on your agreement. This is called the ‘cooling-off period’. If you choose to cancel within the cooling-off period, we will give you a full refund of the activation fee and any other fees you have paid.
If you want to cancel your membership within the cooling-off period, you must send your notice in writing to The Project’s manager.
9.2 Membership Initial '90 Day Commitment'
All new memberships start with an initial '90 Day Commitment' period before moving to a month to month '30 Day Cancellation Policy' as detailed in 9.3.
9.3 Cancelling your membership after the cooling-off period
To cancel your membership after the cooling-off period has expired, you must send your notice in writing to The Project’s manager.
If The Project receives your notice on the last of the month, your membership will end on the last day of the next month.
If The Project receives your notice on the first day of the month, your membership will end on the last day of the following month. This means we will take one more full direct debit payment before cancelling your membership.
For example, if we receive your notice on 10 May, cancellation will take effect from 30 June.
If you cancel your membership in writing (by post or e-mail), when we receive your written notice, we will send you an acknowledgement letter or 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.
Our right to cancel your membership
10.1 We may cancel your membership at any time by giving you one month’s notice in writing. In these circumstances, we will refund you the fee that you have paid for that month, and any fees you have paid for future months.
10.2 We may cancel your membership at any time without giving you notice, if:?
We, in our professional opinion, consider that you are not medically or physically able to use our facilities safely, or;
You seriously or repeatedly break the conditions of your membership; or
If you use offensive, abusive or discriminatory language or use or threaten violent, offensive or intimidating behaviour or conduct at any of our centres, 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
You do or attempt to provide, offer, engage in, advertise or promote, whether or not for payment or other reward, at The Project 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.
10.3 If we cancel your membership under section 10.1 or 10.2, we will not allow you to The Project in the future.
10.5 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.
Our right to change your membership, these terms and conditions or the terms of centre use
11.1 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.
11.2 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.
11.3 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 The Project.
11.4 When we make changes that may affect you, we will give you notice of the changes we plan to make by displaying the changes at The Project for one full calendar month. If you are not happy with the changes, you can cancel as explained in section 10 of these terms and conditions.
Our right to refuse prospective members
12.1 We operate private members clubs 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.
12.2 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 and/or guests at risk.
Restarting your membership after cancellation by you
13.1 Where you have cancelled your membership, you may restart your membership again at any time. To do so, you will need to sign a new membership agreement form and set up a new direct debit with us.
13.2 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.
13.3 If your membership was cancelled by us due to reasons in section 11, you will not be able to restart your membership with us.
Events beyond our reasonable control
14.1 If we cannot provide all the services and facilities at The Project 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 cancel 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.
14.2 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).
Transferring your agreement
18.1 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.
Proof
16.1 We may need you to provide proof, which is satisfactory to us, of:
Your eligibility for a specific type of membership, either before your membership starts or at any time during your membership; or Any email you sent to confirm cancellation or the date you posted your cancellation notice, or both.
16.2 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.
16.3 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.
Your contact details
17.1 We will send all letters, emails, communications and information to the address and other contact details you have given us on your membership agreement form. You must keep us up to date with any changes to your address or other details by filling in an administration form at your home centre.
17.2 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.
Mobile Phone/Photography Policy
18.1 No cameras, mobile phones, tablets or other electronic or photographic devices are permitted or to be used in changing rooms at any time.
18.2 No photography is permitted in The Project at any time except with the prior approval in writing of the centre manager.
Queries
19.1 If you have any queries about these terms and conditions, payments or specific details to do with The Project, please speak to a member of our team.
Liability
20.1 When we carry out any health assessments and exercise questionnaires, we may identify possible problems with you taking part in exercise and recommend that you seek and obtain medical advice. We are not responsible if you ignore our recommendations and continue to exercise at any of our centres.
20.2 The Project cannot guarantee that all the facilities at any club are available at all times due to maintenance issues and facility or equipment breakdowns or malfunctions. 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.
20.3 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.
20.4 We will not pay you compensation if we have failed to carry out our duties due to: Your own fault;
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
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.
20.5 We can make changes to the type of facilities we provide, and we will give you notice (where possible we will provide reasonable advance notice) of any such changes. We will not be liable for any loss or damage caused by these changes unless the loss or damage is caused by our negligence.
20.6 You must make sure that you can do the exercise provided by any exercise programme you follow or any class you go to.
20.7 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.
20.8 We cannot accept liability for theft or for loss or damage to you or your guest’s 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 Project.
20.9 Nothing in these terms and conditions excludes or limits our liability for:
Death or personal injury caused by our negligence or that of our staff; or Fraud or fraudulent misrepresentation; or Any other liability which we cannot by law exclude or limit.
Data protection
21.1 We will only process personal information you give us in accordance with the applicable data protection laws and the The Project Privacy Policy.
21.2 We will keep any clinical information you give us confidential and secure and only pass it to, or receive it from, those involved with your programme or treatment. By joining one of our membership options, you are giving us permission to share relevant clinical information that relates to your health goals between members of our staff.
21.3 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.
Choice of law
22.1 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.
These terms and conditions were last updated in October 2017