1. GENERAL TERMS AND CONDITIONS
In these Terms & Conditions and the Gym Rules, “GRAFTISM” means Graftism Ltd, company number 09476178 and whose registered office is at Halifax House, 30-34 George Street, Hull, Humberside, HU1 3AJ ; “Member” means the member named on the Application Form, and “Membership” is the membership by a Member of a Gym, which starts when GRAFTISM accepts the proposed Member’s Application Form; “Gym” means the GRAFTISM gym at which the Member applied for membership and any other GRAFTISM gym the Member may attend; “Contract” means the contract between GRAFTISM and the Member subject to these Terms & Conditions and Gym Rules; “Application Form” means the application form completed by the Member to join the Gym; “Gym Rules” means the terms set out in the GRAFTISM Gym Rules.
2. MEMBERSHIP APPLICATION
Membership is subject to these Terms & Conditions as amended from time to time. Submission of an Application Form is an offer to GRAFTISM to become a Member of the Gym subject to these Terms & Conditions and the Gym rules. GRAFTISM reserves the right to reject any application for Membership.
Membership is available to individuals of 18 years of age and over, subject to status.
Upon being accepted to the Gym’s Membership scheme, the Member consents to having their photograph taken by GRAFTISM to confirm their identity upon entry, and consents to having their photograph taken at any time whilst using the facilities, excluding changing rooms. GRAFTISM reserves the right to use any such photographs for press and/or promotional purposes.
3. MEMBERSHIP TYPES
GRAFTISM offers various Membership packages, offering a range of price versus flexibility, so that Members have choice.
a) Monthly Direct Debit Term Memberships
This membership has a minimum contract term of six full calendar months, and Membership continues to roll on a monthly basis after the minimum term has expired. See Point 5, below, on how to cancel a Monthly Minimum Term Membership
The minimum term of all Monthly Term Membership starts as of the 1st day of the first full paid calendar month. For example: if a Membership starts on 15th September, the minimum term would begin as of 1st October.
b) Paid in Full Memberships
For these package types, full payment is required upfront, and the Membership will automatically expire at the end of the term. Members may then renew their Membership at the prevailing rate for their package type, or alternatively may switch to a rolling Monthly Membership as per above.
- “1 Month Paid in Full” – one month of Membership from selected start date.
- “6 Months Paid in Full” – six months of Membership from selected start date.
- “12 Months Paid in Full” – twelve months of Membership from selected start date.
GRAFTISM reserves the right to introduce, withdraw and vary categories of Membership.
4. MEMBERSHIP CARD
A Membership card will be issued to each Member upon joining the Gym. Members must present their card for security and verification on each visit to the Gym; Members without a valid Membership card may be asked for photo identification, and will be admitted at the absolute discretion of GRAFTISM staff.
A Member may not loan their Membership card or permit its use by any other person; allowing such misuse of a Membership card may result in Membership being terminated with no refund of fees already paid.
Any lost or mislaid Membership cards will be replaced by GRAFTISM for a nominal charge.
5. CANCELLING YOUR MEMBERSHIP
Members on a Monthly Minimum Term Membership contract may cancel their Membership after or with effect from the end of the minimum term, by giving one full calendar month’s advance written notice, effective from the 1st of the following month. This should be done by completing a Cancellation Request at a GRAFTISM gym or online via email.
A GRAFTISM team member will respond to all cancellation requests. If confirmation of cancellation is not received, the Member is responsible for re-submitting the cancellation request.
Where the payment method is Direct Debit, the Member must advise their bank to cancel the Direct Debit instruction after the final payment has been made. GRAFTISM is not obliged to refund any fees where the Member has not cancelled the instruction and cannot provide proof of a valid cancellation request. All fees must be paid to date at the time of cancellation.
Paid in Full Memberships will expire automatically at the end of the term, unless the Member chooses to renew their Membership. No refunds are applicable for any portion of fees paid upfront, excluding in the following circumstances: redundancy, permanent illness and permanent injury preventing gym usage. Valid documentation will be requested as proof in such circumstances.
Members still within the minimum contractual period may reduce their cancellation notice to one full calendar month in the following circumstances: Pregnancy, Redundancy, Permanent injury and Permanent illness preventing gym usage. Valid documentation will be requested as proof in such circumstances.
Any Member with three or more months remaining of the minimum term may terminate their Membership at the end of the then current month by paying in full 50% of the total future fees due until the end of the minimum term.
6. TRANSFERRING MEMBERSHIP TO ANOTHER GYM
A Member can apply to move their Membership to another Gym after the first four weeks of membership is complete. A price increase or package change may apply depending on the prevailing rate for their Membership at the requested Gym.
7. GYM FACILITIES
Full details of normal opening hours are available upon request at each Gym. GRAFTISM reserves the right to vary normal opening hours, temporarily remove the access to certain equipment, or to temporarily close certain areas of any Gym from time to time without notice for a various purpose including for cleaning, decorating, repairs, refurbishment, or for special functions and holidays.
8. HEALTH AND SAFETY
All Gym users must complete a health questionnaire (PARQ) before entry. If any medical conditions are disclosed, the user must sign the back of the PARQ stating that they have sought medical advice or wish to use the Gym without doing so and that they take full responsibility for any injury or health condition sustained whilst using the facilities arising from their medical condition. GRAFTISM staff are not medically trained and are therefore not qualified to assess whether the Gym user is in the appropriate physical condition to use the facilities. GRAFTISM advises all gym users to take medical advice prior to starting any exercise programme if they are in any doubt as to their ability to do so.
The Member warrants and represents upon their Membership Application Form, and repeats such warranty upon each visit to the Gym, that they are in good physical condition and know of no medical or other reason why they should not engage in any form of exercise, and that such exercise would not be detrimental to their health, safety, comfort or physical condition.
9. PERSONAL TRAINING
The Personal Trainers (PTs) that operate within the Gym are not employees of GRAFTISM, but are self-employed, independent freelance trainers. In using a PT you are entering into an agreement with the PT alone and not with GRAFTISM.
10. RELOCATION OF A GYM BY GRAFTISM
GRAFTISM may re-locate a Gym, or open a new Gym near to the Member’s then current Gym. In such case, GRAFTISM may, on no less than 4 weeks’ written notice to the Member, notify the Member that the relocated Gym or the new Gym is to be the Gym in respect of which the Member has their Membership.
a) If the re-located Gym or new Gym is one third of a mile or less from the Member’s current Gym, the Member’s membership will automatically transfer to the re-located Gym or new Gym. In such case, all terms and conditions relating to the Member’s current membership will continue in full force and effect, applying to the relocated or new Gym.
b) If the re-located Gym or new Gym is more than one third of a mile from the Member’s current Gym, and the Member does not agree to such relocation, the Member may terminate this Contract, effective on the date the Member’s current Gym closes. In such cases, GRAFTISM will notify the Member of the relocation in writing, no less than 2 full calendar months in advance of the relocation date. The member must give one full calendar month’s advance notice, effective on the first of the following month, by completing a Cancellation. Should the member accept the relocation, the member may, during the first 10 days of the new or relocated Gym opening, cancel their current contract with one full calendar months written notice. In such case, from the 11th day of the new Gym opening, all terms and conditions relating to the Member’s current membership will continue in full force and effect, applying to the relocated or new Gym.
11. TERMINATION OF MEMBERSHIP BY GRAFTISM
GRAFTISM may terminate a Membership without notice and with immediate effect if:
- The Member breaches these Terms & Conditions or the Gym Rules, either repeatedly or because of one serious breach;
- Any due fees remain unpaid after any request for payment by GRAFTISM.
- GRAFTISM is of the opinion (acting in its discretion) that the Member is not suitable for continued Membership.
- The Member puts the health, safety or well-being of staff or other Members or Guests at risk.
All decisions made by GRAFTISM under this clause are final and binding. GRAFTISM is unlikely to accept a new application for Membership from someone whose Membership has been terminated in accordance with this clause.
12. YOUR PERSONAL INFORMATION
Members are responsible for advising GRAFTISM of changes to their personal information. Should a Member wish to update their personal information and/or request a change of Membership, this must be requested using the registered email address within the GRAFTISM database for that Member. Where GRATFISM is required to provide any written or email notification, GRAFTISM will send the notice to the contact information on the Application Form, or any updated contact information the Member has provided since joining.
13. LIMITATION OF LIABILITY
Nothing in these Terms & Conditions shall limit or exclude GRAFTISM liability for:
(i) death or personal injury caused by its negligence, or the negligence of its personnel or agents;
(ii) fraud or fraudulent misrepresentation; or
(iii) any other liability which cannot be limited or excluded by applicable law.
Subject to that:
(a) GRAFTISM shall have no liability to the Member or Guest, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Terms & Conditions; and
(b) GRAFTISM’s total liability to the Member or Guest, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions shall be limited to £250.
14. CHANGES TO GRAFTISM TERMS & CONDITIONS
GRAFTISM may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify Members by placing a notice on the Gym noticeboard. Any changes will be effective immediately.
15. THE TERMS OF YOUR CONTRACT
A signed Application Form, these Terms & Conditions, the Gym Rules and the PARQ make up a binding contract of Membership with GRAFTISM. Members are advised to read the Terms & Conditions and Gym Rules in full before signing the Application Form.
The failure of GRAFTISM to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or Gym Rules shall not be deemed to be an affirmation by GRAFTISM that the behaviour of the Member or Guest is acceptable.
Except where permitted by this Contract, neither GRAFTISM nor the Member may alter the terms of this Contract without the express agreement of the other.
16. GOVERNING LAW AND JURISDICTION
These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims).