Unlimited membership. 12 months MINIMUM term, unable to cancel membership until full term is up.
By signing up to this membership you agree to the terms set out in the following Membership Agreement shown in the terms and conditions below
Terms and conditionsThis group pt programme bills every month. The first payment is due on the group pt programme's start date. This group pt programme entitles the purchaser to a full or partial discount on events/classes offered by the business. Some classes/events may be excluded from this group pt programme. Unless otherwise noted, this group pt programme is non-transferable. Your payment details will be securely stored in our system for the duration of the group pt programme. This group pt programme cannot be cancelled early. The full 12 months must be purchased to receive the rate listed.
Payments will be charged automatically each month on the same calendar day, starting on the date of purchase. In the case where the billing day does not occur in a given month (e.g. the 31st), the membership will be billed on the last day of the month. Your credit card will be securely stored in our system for the duration of the membership.
This membership cannot be cancelled early. The full 12 months must be purchased to receive the rate listed.
Below are detailed terms relating to membership contracts:
Company Address: CrossFit Barbaric, Unit 3a Tokenspire Business Park, Woodmansey, Beverley, HU170TB
Contact Us Telephone: +447495737790
Membership Agreement: Your Membership Agreement as appended to these Conditions.
Contract: Your Membership Agreement and these Terms and Conditions.
Membership Fees: The charges payable for your category of membership as set out in your
Contract Term: The minimum duration of the agreement.
Gym Etiquette: The behaviour standards required in our box (gym). These are on display within gym areas.
Services: The Contract entitlement for usage of our facilities.
We/us/our: CrossFit Barbaric Beverley Limited.
Trading as: CrossFit Barbaric
Working Days: Monday - Sunday inclusive
2. APPLICATION OF CONDITIONS AND OUR OBLIGATIONS
2.1 These Conditions, which should be read before signing up to any of the memberships that we provide. This will not change your statutory rights.
2.2 CrossFit Barbaric reserves the right to change minor points on the Contract. This will not change your statutory rights.
2.3 We shall use reasonable endeavours to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.
2.4 Time shall not be of the essence for our performance of the Services under the Contract.
3. COMMENCEMENT, CONTRACT TERM AND CONTINUOUS MEMBERSHIP
3.1 The Contract shall commence on the date of purchase and shall continue in force for the Contract Term.
3.2 If you choose to pay monthly by Direct Debit rather than pay in full, then after the Contract Term, you will be asked to renew your membership in accordance with clauses 10 and 11.
3.3 You may elect to change your membership after the Contract Term or at any time during the Month to Month membership option by using the upgrade option in your membership area on TeamUp.
3.4 Members must be aged 16 years plus.
4. MEMBERSHIP FEES AND ADDITIONAL PURCHASES
4.1 Without prejudice to any other right or remedy that we may have, if you fail to pay us the Membership Fees on any due date, we may
(i) Suspend all Services until payment has been made in full.
(ii) Where such sum has been outstanding for more than 28 days, engage a collections agency to pursue you for the debt. You agree that you will be responsible for all costs of the agency seeking to recover payment from you.
(iii) Raise a late payment charge if the debt remains unpaid after 14 days.
4.2 We may, without prejudice to any other rights that we may have, set off any liability that we have to you against any liability that you have to us.
4.3 Should your Membership Fees not be paid due to insufficient monies in your account we will ask you to rectify this and will try to retake that Direct Debit within 21 Working Days of the first rejection.
4.4 You are unable to transfer your membership to another person.
4.5 If you upgrade your membership to a different membership category you may be liable for the increase in fees.
4.6 You are unable to downgrade your membership during the Contract Term.
5. PRICE RISE
5.1 Your membership price will stay the same if you continue to renew and keep up with payments.If you choose to cancel your membership after the Contract Term and then decide to rejoin you may be asked to pay the increased membership price.
5.2 In line with inflation there may be an increase to your membership fees, this however is at the directors discretion. The directors will always advise of any price increases at least one (1) calendar month before said increase to all members.
6. REFURBISHMENT AND REPAIR
6.1 You acknowledge that it may be necessary for us to close parts of or whole box (gym) from time to time to carry out refurbishments or repairs and that this may disrupt our provision of the Services and agree that any such disruption shall not constitute a material breach of the Contract. If the box (gym) is closed for a continuous period of 30 days or more you shall be entitled to a refund of any Membership Fees paid that relate to the period of closure.
6.2 CrossFit Barbaric will endeavour to ensure that no material changes are made to your agreement. However, in the event material changes are made you will be notified.
7. BOX (GYM) ETIQUETTE AND CONDUCT
7.1 You agree to be bound by and observe the Box (Gym) Etiquette within your Box (Gym) and acknowledge that we may amend this at any time and at our discretion.
7.2 You will not under any circumstances abuse the facility or equipment at the Box (Gym) or CrossFit Barbaric employees or any other member and you will pay for any damage to our property.
7.3 When a member brings a guest/family member into the Box (Gym), the member will be fully liable and responsible for the actions and behaviour of that guest/family member.
8. LIMITATION OF LIABILITY
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
8.1 This condition sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and Subcontractors) to you in respect of
(i) Any breach of the Contract.
(ii) Any use made of the Services.
(iii) Any representation statement or tortuous act or omission (including negligence) arising under or in connection with the Contract.
8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8.3 We shall not be liable for any Services offered by any third parties including Personal Trainers who are self-employed.
8.4 Nothing in these Conditions limits or excludes our liability:
(i) For death or personal injury resulting from negligence.
(ii) For any damage or liability you incur as a result of fraud or fraudulent misrepresentation.
8.5 Subject to the other provisions of this clause, we shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
8.6 Subject to the other provisions of this clause, our total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract, shall be limited to the charges that you have paid to us in the 12 month period preceding the date of the act or omission query giving rise to the claim.
8.7 Members must either secure their personal belongings on their person or secure those in a locker provided by CrossFit Barbaric if lockers are provided. Every occasion the Box (Gym) is used, CrossFit Barbaric, its employees, agents and subcontractors will not be liable for any loss, damage or theft of any property brought onto any of our premises either secured or not secured in a locker.
8.8 The above limitations do not exclude the right of the member to recover any appropriate loss under the law having regard to the Unfair Contract terms Act 1977 and/or the Unfair Contract terms in Consumer Contracts Regulations 1999 or other relevant consumer legislation or at common law.
9. TERMINATION BY US
9.1 Without prejudice to any other rights or remedies which the parties may have, we may terminate the Contract immediately on giving notice to you:
(i) If you fail to pay any amount due under the Contract on the due date for payment and such sum remains in default not less than 28 days after you being notified in writing to make such payment.
(ii) If you commit a material breach of the Contract, Gym Etiquette and Conduct as referred to in Clause 7.
(iii) For any other reason that we consider in our absolute discretion warrants termination of the Contract which may be immediate in which case any payment made for the month shall be refunded but not otherwise.
10. TERMINATION BY YOU
10.A DURING THE CONTRACT TERM
10.1 You have a period of 7 working days from today in which to cancel your membership. This right to cancel will cease once you use the Box (Gym), or the period of 7 working days has elapsed, whichever is earlier.
10.2 You may cancel or freeze your Contract during the Contract Term, by giving one month’s notice, if one or more of the following criterion is met (see 10.4) and supply independent appropriate supporting documentation (e.g. Doctors note confirming you are no longer fit to exercise or a utility bill from your new home):
(i) You have lost your job due to redundancy, Contract termination or are suffering from severe financial hardship.
(ii) You have sustained an injury, long term illness or become pregnant.
(iii) You’re moving away and the Box (Gym) is not within a reasonable distance from your new home or workplace, as a general rule we use 10 miles as a guide for reasonable distance.
10.B AFTER THE CONTRACT TERM
10.3 You may cancel your Contract on one month’s notice at any time after the Contract Term, but your notice shall only take effect on the first day of the month following our receipt of your request to cancel (see 10.4) during which time you shall be able to continue to use the Services.
10.4 If you wish to cancel the Contract you must give us notice by:
(i) Calling us on the Contact Us Telephone Number; or
(ii) Sending written notice of your cancellation request to the Company Address for the attention of the Owners. Notice will have been deemed to be given from the date your request to cancel has been received, if accepted. Acceptance is deemed once you have received confirmation of cancellation of your membership from us.
10.5 Cancellation of your Contract will only be valid provided the cancellation request satisfies the conditions of 10.1, 10.2 or 10.3 above. We will not accept liability for mail lost in transit and therefore suggest a proof of receipt is obtained at time of posting e.g. by sending the letter via recorded delivery.
10.6 Cancelling your Direct Debit does not constitute cancellation of your Contract.
10.7 On application to cancel your Contract in accordance with 10.1-10.5 you shall immediately pay to us all outstanding Membership Fees due up to your leave date, including any notice period payable.
10.8 On application to cancel your Contract, however arising, the following conditions 2, 8, 9, 10 and 12 shall survive and continue in full force and effect.
10.9 We are entitled to retain any Membership Fees where you have not followed the correct cancellation process.
11. DATA PROTECTION
11.1 We take the privacy of our members seriously. If you have any questions about how we use your personal information, please do not hesitate to contact our Owners at the Company Address.
11.2 We will endeavour to use whatever method of communication deemed appropriate to notify you of Box (Gym) information in order to best serve your experience and assume that the information provided by you is correct and an acceptable method to provide you with this information.
11.3 We may use your personal information to provide and personalise the Services and to provide you with information about our similar products and Services that may be of interest to you.
11.4 We may also provide your contact information to our business partners and third parties who may contact you about their products and Services.
12.1 We may sell, transfer, mortgage, charge or assign the benefit of the Contract at any time. You may not, without our prior consent sell transfer, mortgage charge, or assign the benefit of the Contract.
12.2 We shall have no liability to you under the Contract if we are prevented from, or delayed in performing, our obligations under the Contract or from carrying out our business by acts, events, omissions or accidents beyond our reasonable control.
12.3 We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services.
12.4 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
12.5 Any notice or other communication to be given under the Contract must be delivered to the Box (Gym) address set out on our website or any such addresses as may be notified by a party to the other, in writing, from time to time.
12.6 The Contract shall be governed by, and construed in accordance with, the laws of England and Wales, and any dispute arising out of or in connection with the Contract shall be subject to the exclusive jurisdiction of the English courts.